HomeMy WebLinkAbout1989/09/12-Minutes-City CouncilTUESDAY, SEPTEMBER 12, 1989
CITY COUNCIL MEETING
SEPTEMBER 12, 1989
On the 12th day of September, A.D., 1989, the City Council of the City of
Council Met Fort Worth, Texas, met in regular session, with the following members and officers
present, to -wit:
Members Present Mayor Bob Bolen; Mayor Pro tempore Garey W. Gilley; Council Members Louis J.
Zapata, William N. Garrison, Kay Granger, Eugene McCray, Steve Murrin, Jr., Virginia
Nell Webber, and David Chappell; City Manager Douglas Harman; City Attorney Wade
Adkins; City Secretary Ruth Howard; with more than a quorum present, at which time the
following business was transacted:
InvocationII The invocation was given by The Reverend Dr. B.L. McCormick, Pastor, Baker
J Chapel A.M.E. Church.
Pledge of The Pledge of Allegiance was recited.
Allegiance
Minutes of Septemb On motion of Council Member Garrison, seconded by Council Member Webber, the
er 5, 1989 approve minutes of the meeting of September 5, 1989, were approved.
Presentation - A presentation was made by Mr. Eugene Wathey, Empire of America Federal
Empire of America Savings Bank, requesting that the City Council join the fight against the homeless.
Federal.Savings
Bank Council Member Chappell requested that Mayor and Council Communication
Withdrew M&C C- No. C-11862 be withdrawn from the consent agenda.
11862 from the con
sent agenda On motion of Mayor Pro tempore Gilley, seconded by Council Member Chappell,
Consent agenda the consent agenda was approved.
approved
Introduced a Mayor Pro tempore Gilley introduced a resolution and made a motion that it be
Resolution adopted. The motion was seconded by Council Member Murrin. The motion, carrying with
it the adoption of said resolution, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Murrin, Webber, and Chappell
NOES: None
II ABSENT: None
The resolution, as adopted, is as follows:
Resolution No.I RESOLUTION NO. 1463
1463
RECOGNIZING THE ACHIEVEMENTS OF THE FORT WORTH CHAMPIONSHIP RODEO
WHEREAS, the initial season of the Fort Worth
Championship Rodeo which began April 1st, will draw to a close on
September 16th;
WHEREAS, the Championship Rodeo, held every Saturday in
the Cowtown Coliseum, has stimulated businesses in the Stockyards
area, drawing in thousands of rodeo fans and tourists;
WHEREAS, the Championship Rodeo has had a positive effect
on the Stockyards area and has helped City tourism efforts by
promoting a positive, western image and enjoyable, affordable
family entertainment;
WHEREAS, the Championship Rodeo has financially
benefitted the City of Fort Worth by making structural improvements
to the Cowtown Coliseum and purchasing equipment for use at the
Coliseum;
WHEREAS, these efforts have been accomplished by
dedicated volunteers;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, that the achievements and
accomplishments made by the Fort Worth Championship Rodeo in its
initial season be recognized for their significance to the economic
development and tourism efforts of the City of Fort Worth.
Council Member Zapata advised the City Council that he will be absent from
the City Council meeting of October 17, 1989, on ceremonial travel representing the
City of Fort Worth in the absence of the Mayor at the Japan/Texas Conference in Tokyo
October 15 through October 21, 1989, and that he will be absent from the City Council
meeting of October 3, 1989, on ceremonial travel as an appointee of the City of Fort
Worth to the Dallas/Fort Worth International Airport Board on City -related business
attending the Airport Operators Council International, Inc., Conference in Houston,
Texas, October 1 through October 6, 1989.
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Minutes of City Council N-3 Page 1
TUESDAY, SEPTEMBER 12, 1989
T
r PI
Reverend Dr. Rober The Reverend Dr. Robert Bohl , Pastor of First Presbyterian Church, appeared
Bohl re proposed before the City Council and requested that the City Council endorsed a proposed
resolution to pro resolution to provide housing for persons with mental illness who are homeless or at
vide housing for risk of becoming homeless.
persons with men-
tal illness Council Member Webber introduced a resolution and made a motion that it be
Introduced a adopted. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying
Resolution with it the adoption of said resolution, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Murrin, Webber, and Chappell
NOES: None
ABSENT: None
The resolution, as adopted, is as follows:
Resolution No. RESOLUTION NO. 1464
1464
WHEREAS, in the Fall of 1988 the Mental Health
Association of Tarrant County convened the Task Force on Housing
and Support Services for the Mentally III with the purpose of
developing and beginning the implementation of a plan to address
the needs of persons in Tarrant County with a long-term mental
illness who are homeless, or who are at risk of becoming homeless;
WHEREAS, the Mental Health Association of Tarrant County
commissioned a study of the residential alternatives available in
Tarrant County for persons with a long-term mental illness.
WHEREAS, this study revealed the need for additional
housing and support services to serve residents of Tarrant County
that are mentally ill;
WHEREAS, the Task Force reviewed the study, toured local
shelters and residential facilities, discussed needed support
services and developed extensive information about funding and
reviewed housing options.
WHEREAS, the Task Force completed its work with the
preparation of A Plan of Action for Tarrant County in which the
Task Force established its mission and outlined four major goals to
be met in providing decent, stable and affordable housing and
support services for the long-term mentally ill.
WHEREAS, Task Force respresentatives have met with the
City and made them aware of the need for additional services and
housing for the mentally ill and requested that the City Council
endorse the above referenced A Plan of Action for Tarrant County;
NOW, THEREFORE, BE IT RESOLVED the City Council of Fort
^, Worth endorses the following goals within the Plan of Action for
Tarrant County:
Goal 1: Establish an Interagency Council to ensure the
implementation of the goals established by the Task Force.
Goal 2: To reduce problems and deficiencies in the housing
currently used by persons with a long-term mental illness.
Goal 3: To provide the support services that will be needed to
maintain persons with a long-term mental illness in the housing
that is available.
Goal 4: To develop appropriate housing options for an additional
350 persons with long-term mental illness.
[(The Task Force on Housing and Support Services for the Homeless Mentally Ill - A Plan
of Action for Tarrant County is incorporated hereto by reference thereto and is
included in the Council Proceedings file of the meeting of September 12, 1989.)]
Policy Proposal Mo. There was presented Policy Proposal No. 141, submitted by Council Members
141 - Endorsement Webber, McCray, Granger, and Chappell, Endorsement of Community Arts Program, proposing
of Community Arts that City contributions to the Performing Arts Grant Program be achieved by budgeting
Program interest earnings in the amount of $200,000.00 for FY 1989-90, 1990-91, and 1991-92
from $3,000,000.00 in the General Fund balance designated for the purpose of the City
Arts Endowment Program. Council Member Zapata made a motion, seconded by Council
Member Webber, that consideration of C.P.-141 be continued for one week. When the
motion was put to a vote by the Mayor, it prevailed unanimously.
Council Proposal There was presented Council Proposal No. 142, Amendment of Ordinance
No. 142 re Soliciting to Commit Prostitution, proposed by Council Members Chappell, Granger, and
Amendment of McCray, and stating that the State Statute concerning penalties for a violation of a
Ordinance Solicit-
ing to commit Pro-
stitution
Minutes of City Council N-3 Page 2
TUESDAY, SEPTEMBER 12, 1989
Council Porposal
No. 142 cont. rule, ordinance, or police regulation was amended by Acts 1987, 70th Legislature,
Chapter 680, Section 2, stating that "No fine or penalty shall exceed $2,000.00 for
violations of all such rules ordinances and police regulations .... nor exceed $500.00
for all other violations"; that there are several areas in the City frequented by
prostitutes with the intent to solicit; and recommending that the City Attorney be
directed to prepare an ordinance amendment to impose a $500.00 penalty for violation of
the ordinance concerning soliciting to commit prostitution. On motion of Council
Member Chappell, seconded by Council Member McCray, the recommendation was adopted.
M&C OCS-6 There was presented Mayor and Council Communication No. OCS-6 from the Office
Correspondence fro of the City Secretary submitting correspondence from CNA Insurance Companies giving
CNA Insurance Com- notice of cancellation of Contractor's Bond No. 523 46 99 issued to Volt Information
panies giving Sciences. It was the consensus of the City Council that the bond be cancelled
notice of cancell- effective September 11, 1989, but that the bond remain in full force and effect for all
ation of Contract- work performed prior to the date of cancellation.
or's Bond issued t
Volt Information There was presented Mayor and Council Communication No. OCS-7 from the Office
M&C OCS-7 Claims of the City Secretary recommending that the City Council refer notices of claims for
alleged damages and/or injuries to the Risk Management Department, as follows:
Leonard Marfel l , Jr.
1. Claimant:
Leonard Marfel 1, Jr.
Date Received: September 1, 1989
Date Received:
September 5, 1989
Location of Incident: 5000 Block of Airport Freeway S.
Date of Incident:
August 20, 1989
Estimate of Damages/
�,.
Attorney:
Priddy and Chovanec
(Laurance L.
Estimate of Damages/
Priddy)
blowing off a City -truck.
Stacy Clay Gilliam
Location of Incident:
2700 Las Vegas Trail
Date Received: September 1, 1989
Estimate of Damages/
Claimant alleges damages
to her
Injuries:
$10,000.00, but the
figure may be
adjusted
out of
Nature of Incident:
Claimant alleges damages to his
automobile as the
result of an
Betty M. Meador
accident involving
a City -owned
vehicle (police).
August 4, 1989
Arthur G. Zavala 2. Claimant: Arthur G. Zavala
Date Received: ` September 5, 1989
Date of Incident: Job started in May finished in July
1989
Location of Incident: 2821 Wingate
Estimate of Damages/
Injuries: $372.00 - $526.26
Nature of Incident: Claimant alleges damages to his
property as the result of City
employees cutting down a tree.
Cassandra Clay
3. Claimant:
Cassandra Clay
Date Received: September 1, 1989
Date Received:
September 1, 1989
Location of Incident: 5000 Block of Airport Freeway S.
Date of Incident:
August 20, 1989
Estimate of Damages/
Location of Incident:
3000 Bright & Forbes
Nature of Incident: Claimant alleges damages to his
Estimate of Damages/
blowing off a City -truck.
Stacy Clay Gilliam
Injuries:
$2,700.00
Date Received: September 1, 1989
Nature of Incident:
Claimant alleges damages
to her
Estimate of Damages/
automobile as the result of
hitting
water valve protruding
out of
street.
4. Claimant:
Betty M. Meador
Betty M. Meador
Date Received:
September 1, 1989
Date of Incident:
August 4, 1989
Location of Incident:
In the Texas Section of the Zoo
Estimate of Damages/
Injuries:
Undeclared
Nature of Incident:
Claimant alleges injuries
as the
result of a fall.
Minutes of City Council N-3 Page 3
5. Claimant: Ray P. Bossow
Ray P. Bossow
Date Received: September 1, 1989
Date of Incident: August 4, 1989
Location of Incident: 5000 Block of Airport Freeway S.
(121), Haltom City
Estimate of Damages/
Injuries: $270.00 - $356.00
Nature of Incident: Claimant alleges damages to his
automobile as the result of a sign
blowing off a City -truck.
Stacy Clay Gilliam
6. Claimant: Stacy Clay Gilliam
Date Received: September 1, 1989
Date of Incident: July 8, 1989
Location of Incident: 1000 Cherry St. Fire Station #2
Estimate of Damages/
Injuries: $2,000.00
Minutes of City Council N-3 Page 3
TUESDAY, SEPTEMBER 12, 1989
Stacy Clay Gillian
Nature of Incident: Claimant alleges damages as the
claim cont.
result of -his automobile being
stolen.
OCS-7 adopted
It was the consensus of the City Council that the recommendation be adopted.
OCS-8 correspon--:
There was presented Mayor and Council Communication No. OCS-8 from the Office
deuce from Mayor
of the City Secretary submitting correspondence from Mayor Hal Dennis, City of Crowley,
Hal Dennis, City
requesting favorable consideration be given to the de -annexation of the area around the
of Crowley re de-
proposed F.M. #1187 By-pass alignment, in an area covered by Zoning Docket No. Z-89-75.
annexation of the
It was the consensus of the City Council that the correspondence be referred to the
area around the
Office of the City Manager.
proposed F.M.#118
There was presented Mayor and Council Communication No. OCS-9 from the Office
OCS-9 First Read-
of the City Secretary stating that Ordinance No. 10357 was adopted on first reading on
ing annexing
August 8, 1989, Annexing 1,388.318 Acres of Alliance International Centre and that said
acres of Alliance
ordinance was published in Fort Worth Star -Telegram, the official newspaper of the City
International
of Fort Worth, Texas, on August 11, 1989, and more than 30 days having elapsed since
Centre
publication, Council Member Chappell introduced Ordinance No. 10357 and made a motion
Introduced an
that it be adopted on second reading. The motion was seconded by Council Member Zapata.
Ordinance
The motion, carrying with it the adoption of said ordinance, prevailed by the following
vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Murrin, Webber, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. 11 ORDINANCE NO. 10357
10357 AN ORDINANCE DECLARING CERTAIN FINDINGS;
PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY
LIMITS OF THE CITY OF FORT WORTH; PROVIDING FOR
THE ANNEXATION OF A CERTAIN 1388.318 ACRES
(2.17 SQUARE MILES) OF LAND, MORE OR LESS,
WHICH SAID TERRITORY LIES ADJACENT TO AND
ADJOINS THE PRESENT CORPORATE BOUNDARY LIMITS
OF FORT WORTH, TEXAS; PROVIDING THAT THE
r TERRITORY ANNEXED SHALL BEAR ITS PRO RATA PART
OF TAXES; PROVIDING THAT THE INHABITANTS
THEREOF SHALL HAVE ALL THE PRIVILEGES OF ALL
THE CITIZENS OF FORT WORTH, TEXAS; PROVIDING
THAT THIS ORDINANCE SHALL AMEND EVERY PRIOR
ORDINANCE IN CONFLICT HEREWITH; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR
ORDINANCES NOT IN DIRECT CONFLICT; PROVIDING
FOR SEVERABILITY AND NAMING AN EFFECTIVE DATE.
WHEREAS, a public hearing before the City Council of the
City of Fort Worth, Texas, wherein all interested persons were
provided an opportunity to be heard on the proposed annexation of
the territory hereinafter described, was held in the City Council
Chambers, on the 6th day of July, 1989, which date was not more
than forty (40) days nor less than twenty (20) days prior to
institution of annexation proceedings; and
WHEREAS, a second public hearing before the City Council
of the City of Fort Worth, Texas, wherein all interested persons
were provided an opportunity to be heard on the proposed annexation
of the territory hereinafter described, was held in the City
Council Chambers in the Municipal Office Building of Fort Worth,
Texas, on the 18th day of July, 1989, which date was not more than
forty (40) days nor less than twenty (20) days prior to the
institution of annexation proceedings; and
WHEREAS, notice of the first such public hearing was
published in a newspaper having general circulation in the City of
Fort Worth, Texas, and in the hereinafter described territory on
the 22nd day of June, 1989, which date was not more than twenty
(20) days nor less than ten (10) days prior to the date of said
such public hearing; and
WHEREAS, notice of the second such public hearing was
published in a newspaper having general circulation in the City of
Fort Worth, Texas, and in the hereinafter described territory on
the 7th day of July, 1989, which date was not more than twenty (20)
days nor less than ten (10) days prior to the date of said public
hearing; and
Minutes of City Council N-3 Page 4
TUESDAY, SEPTEMBER 12, 1989
Ordinance No. WHEREAS, prior to the publication of the notices of
10357 cont. public hearings, a Service Plan providing for the extension of
municipal services into the hereinafter described territory was
prepared for inspection by and explanation to the inhabitants of
the area to be annexed; and
WHEREAS, the population of the City of Fort Worth, Texas
is in excess of 100,000 inhabitants; and
WHEREAS, the hereinafter described territory lies within
the exclusive extraterritorial jurisdiction of the City of Fort
i Worth, Texas; and
WHEREAS, the hereinafter described territory lies.
adjacent to and adjoins the City of Fort Worth, Texas; and
WHEREAS, the hereinafter described territory contains
1388.318 acres (2.17 square miles) of land, more or less;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
SECTION 1.
That the following described land and territory lying
adjacent to and adjoining the City of Fort Worth, Texas is hereby
added to and annexed to the City of Fort Worth, Texas, and said
territory hereinafter described shall hereafter be included within
the boundary limits of the City of Fort Worth, Texas, and the
present corporate boundary limits of said City,•at the various
points contiguous to the area hereinafter described, are altered
and amended so as to include said area within the corporate limits
of the City of Fort Worth, Texas, to -wit:
BEING a tract of land situated in the Allen Henderson Survey,
Abstract No. 596, the Thomas S. Reyburn Survey, Abstract No. 1130,
the T. J. Bates Survey, Abstract No. 206, the A. Robinson Survey,
Abstract No. 1119, the M.E.P. & P.R.R. Company Survey, Abstract No.
906 the Hamilton Perry Survey, Abstract No. 1022, the William Bush
Survey, Abstract No. 205, the Benjamin Matthews Survey, Abstract
No. 860, the P.K. Matthews Survey, Abstract No. 865, the James Eads
Survey, Abstract No. 410, the Alexander McDonald Survey, Abstract
No. 786, the P.M. Smith Survey, Abstract No. 1170, the Greenberry
Overton Survey, Abstract No. 972, the C. Sutton Survey, Abstract
No. 1230,. the C. Sutton Survey, Abstract No. 1561 and the A.M.
Feltus Survey, Abstract No. 1464, all in Denton County, Texas and
situated about 17.5 miles South 30 degrees West from the Courthouse
in Denton County, Texas and being more particularly described by
metes and bounds as follows:
COMMENCING at the intersection of roads for the northwest corner of
the Second Tract as described in the deed to Peterson Farms, Inc.
and recorded in Volume 559, Page 308, County Records, Denton
County, Texas, .said point being in the west line of said Henderson
Survey and the east line of said P.K. Matthews survey, from which a
7/8 inch iron rod for the northeast corner of said T.J. Bates
Survey bears S 00° 04' 49" W, 32.09 feet;
THENCE S 440 28' 24" E, 35.63 feet to the POINT OF BEGINNING;
THENCE S 890 01' 38" E, 577.37 feet, along the south line of a
gravel road (Litsey Road);
THENCE S 89° 52' 47" E, 1906.13 feet, continuing along the south
line of said gravel road;
THENCE'S 750 04' 22" E, 331.96 feet, continuing along the south
line of said gravel road;
THENCE N 89° 24' 37" E, 666.07 feet, continuing along the south
line of said gravel road;
THENCE S 01° 56' 05" W, 752.65 feet, leaving said south line;
THENCE S 65° 13' 08" W, 1152.75 feet;
THENCE S 080 37' 54" W, 62.35 feet;
THENCE S 500 32' 19" E, 671.24 feet;
THENCE S 210 28' 16" W, 482.93 feet;
THENCE S 000 01' 46" E, 377.37 feet;
Minutes of City Council N-3 Page 5
m
TUESDAY, SEPTEMBER 12, 1989
Ordinance No. THENCE S 250 58' 14" W, 871.51 feet;
10357 THENCE N 890 16' 46" W, 2387.58 feet;
THENCE S 000 36' 40" W, 1877.00 feet;
THENCE N 890 04' 27" W, 2635.27 feet;
THENCE N 000 11' 49" W, 30.00 feet;
THENCE N 89° 30' 53" W, 2470.68 feet to a point in the easterly
right-of-way line of Interstate Highway 35W;
THENCE N 270 27' 47" W, 410.11 feet to a point in the westerly
right-of-way line of said Interstate Highway 35W, at the centerline
station 24+02.75, 175.00 feet left;
THENCE N 000 16' 25" E, 2288.68 feet;
THENCE N 890 28' 57" W, 3570.84 feet;
THENCE N 00° 23' 02" W, 274.34 feet;
THENCE N 00° 40' 45" W, 1550.00 feet;
THENCE N 890 25' 17" W, 3006.04 feet to a point in the easterly
line of Gulf, Colorado and Santa Fe Railroad right-of-way and being
50 feet from its track center;
THENCE N 240 17' 25" E, 3947.95 feet along the easterly line of
said Railroad right-of-way, 50 feet from and parallel to its said
tract center;
THENCE S 890 01' 28" E, 1381.85 feet leaving the easterly line of
said Railroad right-of-way;
THENCE S 000 45' 11" E, 193.27 feet;
THENCE S 880 49' 12" E, 351.21 feet;
THENCE S 890 14' 44" E, 4772.43 feet;
THENCE S 050 35' 44" E, 142.75 feet;
THENCE S 860 53' 36" E, 502.85 feet;
THENCE S O10 39' 22" W, 2489.28 feet;
THENCE S 000 38' 08" W, 1583.20 feet to a concrete Highway
Department Monument in the westerly right-of-way of Interstate
Highway 35W, said monument being at centerline station 62 + 01.82
feet, 150.00 feet left;
THENCE S 000 38' 52" W, 652.23 feet to a point in the easterly
right-of-way line of said Interstate Highway 35W at centerline
station 56 + 41.22, 180.00 feet right;
THENCE S 000 35' 58" W, 277.31 feet;
THENCE S 780 22' 27" E, 232.96 feet;
THENCE S 000 25' 50" W, 25.00 feet to the south right-of-way of
Elizabethtown Cemetery Road;
THENCE S 890 32' 26" E, 460.96 feet with said south right-of-way;
THENCE S 890 40' 22" E, 1860.21 feet with said south right-of-way;
THENCE S 000 36' 52" E, 652.16 feet, leaving said south
ri ght-of-way;
THENCE N 890 23' 07" E, 375.00 feet;
THENCE N 00° 36' 52" W, 646.00 feet to a point once again in said
south right-of-way;
THENCE S 890 40' 22" E, 463.77 feet with said south right-of-way;
THENCE N 000 04'. 49" E, 2589.98 feet with the east right-of-way of
said Elizabethtown Cemetery Road, to the POINT OF BEGINNING and
containing 1390.976 acres of land, more or less.
Minutes of City Council N-3 Page 6
TUESDAY, SEPTEMBER 12, 1989
Ordinance No. SAVE & EXCEPT
10357 cont. BEING a tract of land situated in the James Eads Survey, Abstract
No. 410 and situated about 17.5 miles South 30 degrees West from
the Courthouse in Denton County, Texas and being all that 2.66 acre
tract as described in the deed to Howard L. Peterson and recorded
in Volume 320, Page 455, said County Records;
COMMENCING at the northwest corner of the First tract, the common
south corner of the Eighth and Ninth tracts as described in deed to
Peterson Farms, Inc. and recorded in Volume 559, Page 308, Denton
County Deed Records, same also being the northwest corner of said
Reyburn Survey;
THENCE S 890 30' 33" E, 347.00 feet to the POINT OF BEGINNING of
the herein described Save and Except tract;'
THENCE N 000 13' 33" W, 571.00 feet;
THENCE S 89° 30' 33" E, 203.00 feet;
THENCE S 000 13' 33" E, 571.00 feet;
THENCE N 890 30' 33" W, 203.00 feet to the POINT OF BEGINNING and
containing 2.661 acres of land, more or less.
SECTION 2.
That the above described territory is shown on Map
Exhibit "A" which is attached hereto and expressly incorporated
herein by reference for the purpose of illustrating and depicting
the location of the hereinabove described territory.
SECTION 3.
That the above described territory hereby annexed shall
be part of the City of Fort Worth, Texas, and the property so added
hereby shall bear its pro rata part of the taxes levied by the City
of Fort Worth, Texas, and the inhabitants thereof shall be entitled
to all of the rights and privileges of all the citizens in
accordance with the Service Plan and shall be bound by the acts,
ordinances, resolutions and regulations of the City of Fort Worth,
Texas.
SECTION 4.
That attached hereto, marked Exhibit "X" and incorporated
herein for all purposes incident hereto, is a Service Plan
providing for the extension of municipal services into the area to
be annexed, said Service Plan having been prepared prior to
publication of the notices of hearings prescribed under Section
43.056 of the Texas Local Government Code, and having been made
available at said hearings for inspection by and explanation to the
inhabitants of the area to be annexed.
SECTION 5. -
That this ordinance shall and does amend every prior
ordinance in conflict herewith, but as to all other ordinances or
sections of ordinances not in direct conflict, this ordinance shall
be, and the same is hereby made cumulative.
SECTION 6.
That it• is hereby declared to be the intent of the City
Council that the sections, paragraphs, sentences, clauses and
phrases of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted
by the City Council without the incorporation in this ordinance of
any unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 7.
That this ordinance shall be in full force and effect
from and after its publication and the date of its passage by the
City Council on second reading, and it is so ordained.
Minutes of City Council N-3 Page 7
M
Ordinance No.
10357 cont.
TUESDAY, SEPTEMBER 12, 1989
EXHIBIT X
CITY OF FORT WORTH, TEXAS
SERVICE PLAN FOR ANNEXED AREA
NAME: HiIlwood/1358 Ltd., a Texas limited partnership (the
'rOwner" )
LOCATION AND ACREAGE ANNEXED: Approximately 1,388.318 acres (the
Annexed Area more particu arly described on Exhibit A attached
to Annexation Ordinance No. 10357. The Annexed Area is a portion
of Alliance International Centre and is located in the vicinity of
the new Fort Worth Alliance Airport (the "Airport").
II COUNTIES: Denton
WHEREAS, Owner owns the Annexed Area;
WHEREAS, American Airlines intends to use a portion of the Annexed
Area as the site for its new aircraft maintenance facility (the
"American Facility"); and
WHEREAS, Owner and the City desire to acquire the right of way for,
and construct improvements necessary to serve, the long term needs
of the Airport, the American Facility, and the Annexed Area.
NOW THEREFORE, pursuant to and in accordance with the requirements
of Chapter 43—of the Local Government Code of the State of Texas
(the "Code"), the City and Owner each agree to fullfill and perform
their respective duties and obligations set forth in this Service
Plan for Annexed Area (the "Service Plan"), at the levels and in
accordance with the schedules established herein.
A. DEDICATION OF PROPERTY:
(1) Owner will dedicate or cause to be dedicated to the City
(at no cost to the City) property within the Annexed Area for
the Access Taxiway when the City and Owner have agreed upon
all dedication instruments.
(2) Owner will dedicate or cause to be dedicated to the City
(at no cost to the City) property within the Annexed Area for
public purposes acceptable to Owner when the City and Owner
have agreed upon all dedication instruments.
(3) Owner will dedicate or cause to be dedicated to the City
(at no cost to the City) property within the Annexed Area for
streets and storm drainage facilities when the City and Owner
have agreed upon all dedication instruments.
(4) The dedication arrangements prescribed in A(1), A(2) and
A(3) above are unrelated to, and in addition to, the City's
rights to require the dedication of land for public use as
permitted under Chapter 212 of the Local Government Code, and
they do not in any manner limit or compromise the City's right
and power of eminent domain.
B. POLICE PROTECTION -SER VICES:
(1) Patrolling, responding to calls, and other routine police
protection services, within the limits of existing personnel
and equipment, will be provided to the Annexed Area beginning
on the effective date of annexation.
(2) As development and construction commence within the
Annexed Area, sufficient personnel and equipment will be
provided to furnish the Annexed Area the maximum level of
police protection services consistent with the characteristics
of topography, land utilization, and population density within
the Annexed Area, as determined by the City Council.
(3) Upon ultimate development of the Annexed Area, the same
level of police protection services will be provided to the
Annexed Area as are furnished throughout the City.
(4) In addition to the foregoing, additional services will be
provided as follows:
(a) security and police protection services (including
at least one patrol unit that will continuously patrol
the area in and around the Airport and the American
Facility) will be provided for the Annexed Area as soon
as the Airport is operational. These services will be
sufficient to allow response to emergency situations at
the American Facility and throughout the Annexed Area
within eight (8) minutes of any call or alarm eighty
Minutes of City Council N-3 Page 8
0
TUESDAY, SEPTEMBER 12, 1989
Ordinance No. percent (80%) of the time and within fifteen (15) minutes
10357 cont. of any call or alarm ninety-five percent (95%) of the
time;
(b) a police sector building will be constructed,
staffed, and equipped within the Annexed Area as soon as
justified by development, in the sole discretion of the
City; and
(c) additional police sector buildings will be
constructed within the Annexed Area when deemed necessary
by the City Council.
C. FIRE, EMERGENCY CRASH AND RESCUE SERVICES:
(1) Fire protection and emergency ambulance services, within
the limits of existing personnel and equipment and within the
limits of available water and distances from existing fire
stations, will be provided to the Annexed Area beginning on
the effective date of annexation.
(2)': As development and construction commence within the
Annexed Area, sufficient fire and emergency ambulance
personnel and equipment will be provided to furnish the
Annexed Area the maximum level of fire and emergency ambulance
services consistent with characteristics of topography, land
utilization, and population density within the Annexed Area,
as determined by the City Council.
(3) Upon ultimate development of the Annexed Area, the same
level of fire and emergency ambulance services will be
provided to the Annexed Area as are furnished throughout the
City.
(4) In addition to the foregoing, additional services will be
provided as follows:
(a) a fire station will be constructed, staffed, and
equipped as soon as possible (but no later than the date
the first phase of the American Facility is operational)
to provide fire, crash, and rescue services for the
American Facility, for the area around the Airport, and
for the Annexed Area;
(b) equipment and personnel to adequately respond to
emergency situations at the Airport, the American
Facility, and throughout the. Annexed Area will be
physically located at the Airport as soon as the Airport
is operational;
(c) the City will implement crash, fire, and rescue
services sufficient to meet FAA Part 139 standards as
soon as possible (but no later than the date the first
phase of the American Facility is operational); and
(d) additional fire stations will be constructed within
the Annexed Area when deemed necessary by the City
Council.
D. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES:
(1) Enforcement of the City's environmental health ordinances
and regulations, including, but not limited to, weed and brush
ordinances, junked and abandoned vehicle ordinances, food
handlers ordinances, and animal control ordinances, shall be
provided within the Annexed Area beginning on the effective
date of annexation. .
(2) The City's building, plumbing, mechanical, electrical,
and all other construction codes will be enforced within the
Annexed Area beginning on the effective date of annexation.
(3) The City's zoning, subdivision, sign, mobile home, junk
yard, -and other ordinances shall be enforced within the
Annexed Area beginning on the effective date of annexation.
(4) All inspection services furnished by the City, but not
mentioned above, will be provided within the Annexed Area
beginning on the effective date of annexation.
(5) On the effective date of annexation, all services will be
provided, all codes, regulations, and ordinances will be.
enforced, and all complaints and alleged violations will be
answered and investigated within the limits of existing
personnel. As development and construction commence within
the Annexed Area, sufficient personnel will be provided to
Minutes of City Council N-3 Page 9
TUESDAY, SEPTEMBER 12, 1989
Ordinance No. furnish the Annexed Area the same level of environmental
10357 cont. health and code enforcement services as are furnished
throughout the City.
E. PLANNING AND ZONING SERVICES:
The planning and zoning jurisdiction of the City will
extend to the Annexed Area beginning on the effective date of
annexation. City planning will thereafter encompass the
Annexed Area, and the Annexed Area shall be entitled to
consideration for zoning in accordance with the City's
Comprehensive Zoning Ordinance and General Plan.
F. RECREATION AND LEISURE SERVICES:
(1) Beginning on the effective date of annexation, residents
of the Annexed Area may utilize all existing recreation and
leisure service facilities and sites throughout the City.
(2) Additional facilities and sites to serve the Annexed Area
and its residents will be acquired, developed, and maintained
at locations and times provided by applicable plans, policies,
programs, and decisions of the City. The Annexed Area will be
included in all plans providing recreation and leisure
services to the City. The same level of recreation and
leisure services shall be furnished to the Annexed Area as is
furnished throughout the City.,.,,
(3) Parks, playgrounds, swimming pools, and other recreation
and leisure facilities now or hereafter located within the
Annexed Area shall, upon dedication to and acceptance by the
City, be maintained and operated by the City. The City's
existing policies with regard to the maintenance of parks,
playgrounds, swimming pools, and other recreation and leisure
facilities will apply to the Annexed Area beginning on the
effective date of annexation. The City will maintain such
areas consistent with maintenance performed throughout the
City on other similar facilities. In addition to maintenance
performed by the City, and subject to prior approval by the
City Council and a written agreement between the City and the
Owner containing mutually acceptable terms and conditions,
Owner may enter on City property to install, maintain, repair,
remove, replace, restore, or improve any landscaping located
in any public park, playground, or other recreation or leisure
area.
G. SOLID WASTE COLLECTION:
(1) Solid waste collection services, within the limits of
existing personnel and equipment, will be provided to the
Annexed Area, in accordance with existing City policies,
beginning on the effective date of annexation.
(2) As development and construction commence within the
Annexed Area, and as population density increases within the
Annexed Area, solid waste collection shall be provided to the
Annexed Area in accordance with the policies of the then
current policies of the City as to frequency, charges, and so
forth.
H. STREETS, STORM DRAINAGE, WATER, SANITARY SEWER, AND STREET
LIGHTS
(1) The City's existing policies with regard to the
maintenance of streets, setbacks, and medians will apply to
the Annexed Area beginning on the effective date of annexation.
The City will maintain such areas, including landscaping,
consistent with maintenance performed throughout the City on
other similar facilities and improvements within the City. In
addition to maintenance performed by the City, and subject to
prior approval by the City Council and a written agreement
between the City and the Owner containing mutually acceptable
terms and conditions, the Owner may enter on City property to
install, maintain, repair, remove, replace, restore, or
improve any landscaping located in the unpaved portion of any
street or in any median or setback located within the Annexed
Area.
(2) As development, improvement, and construction of streets,
drainage facilities, water facilities, sanitary sewer
facilities, signalization, lighting, and street signage
commences within the Annexed Area, the standard policies of
the City with regard to the technical standards for acceptance
upon completion and maintenance after completion, shall apply,
and compliance with such policies and standards shall be a
Minutes of City Council N-3 Page 10
1.1
TUESDAY, SEPTEMBER 12, 1989
Ordinance No. condition of acceptance and maintenance responsibilities by
10357 cont. the City of such facilities. Participation by Owner and City
in the costs of engineering and construction shall be in
accordance with the policies contained in the community
facilities agreements for development of the subject
facilities. Public funds (other than City funds) will be
prorated among the improvements for which such funds are
approved in accordance with the projected construction costs
of such improvements unless the source of such funds otherwise
provides.
(3) The following facilities and improvements will be
located, designed and constructed (including, but not limited
to, grading, paving, drainage, water, sanitary sewer,
utilities, lighting, signalization, and landscaping) in
accordance with standards jointly developed by the City and
Owner necessary to serve the Airport, the American Facility,
and the Annexed Area:
(a) ALLIANCE BOULEVARD INTERCHANGE. Owner shall
dedicate or cause to be dedicated to the City (at no cost
to the City) any of Owner's land required for the right
of way for an interchange to be constructed at the
intersection of Alliance Boulevard and IH -35W. The City
agrees to comply with Minute Order No. 89068 dated July
19, 1989, with regard to any additional land that is
required. Subject to approval by the City Plan
Commission, if required, this interchange shall be
located, designed, and constructed in substantial
compliance with Exhibit A attached hereto. If the design
or location shown on Exhibit A is demonstrated to be
infeasible based on engineering or environmental
constraints identified in studies approved by the City
Council of the City or by the SDHPT, or if such design or
location is otherwise unacceptable to the SDHPT or the
Federal Highway Administration, in either of which cases
the City and Owner will revise the design or location in
a mutually agreeable manner that is acceptable to the
SDHPT and Federal Highway Administration. The City
agrees to use its best efforts to take all steps
necessary to obtain all required governmental approvals
as soon as possible. The City will complete the design
engineering and environmental assessment as soon as
possible. The City agrees to comply with Minute Order
No. 89068 dated July 19, 1989, with regard to the
construction schedule for this interchange. If other
public funds (including, but not limited to, impact fees,
front foot fees, assessments, or other charges imposed by
the City on land owners outside the Annexed Area) are not
available or are insufficient, this interchange will be
constructed at the City's expense.
(b) EAGLE PARKWAY INTERCHANGE. Owner shall dedicate or
cause to be dedicated to the City (at no cost to the
City) any of Owner's land required for the right of way
for and interchange to be constructed at the intersection
of Eagle Parkway and IH -35W. The City agrees to comply
with Minute Order No. 89068 dated July 19, 1989, with
regard to any additional land that is required. Subject
to approval by the City Plan Commission, if required,
this interchange shall be located, designed, and
constructed in substantial compliance with Exhibit A
attached hereto. If the design or location shown on
Exhibit A is demonstrated to be infeasible based on
engineering or environmental constraints identified in
studies approved by the City Council of the City or by
the SDHPT, or if such design or location is otherwise
unacceptable to the SDHPT or the Federal Highway
Administration, in either of which cases the City and
Owner will revise the design or location in a mutually
agreeable manner that is acceptable to the SDHPT and
Federal Highway Administration. The City agrees to use
its best efforts to take all steps necessary to obtain
all required governmental approvals as soon as possible.
The City will complete the design engineering and
environmental assessment as soon as possible. The City
agrees to comply with Minute Order No. 89068 dated July
19, 1989, with regard to the construction schedule for
this interchange. If other public funds (including, but
not limited to, impact fees, front foot fees,
assessments, or other charges imposed by the City on land
owners outside the Annexed Area) are not available or are
insufficient, this interchange will be constructed at the
City's expense.
Minutes of City Council N-3 Page 11
Ordinance No.
10357 cont.
TUESDAY, SEPTEMBER 12, 1989
(c) FRONTAGE ROADS AND RAMPS. Owner shall dedicate or
cause to be dedicated to the City (at no cost to the
City) any of Owner's land required for the right of way
for a frontage road on the west side of IH -35W between
Eagle Parkway and Keller -Haslet Road and for ramps on
both sides of IH -35W between Eagle Parkway and
Keller -Haslet Road. The City agrees to comply with
Minute Order No. 89068 dated July 19, 1989, with regard
to any additional land that is required. Access to
nearby property required by the SDHPT shall be provided
in a manner and location mutually agreeable to Owner and
the SDHPT. Subject to approval by the City Plan
Commission, if required, the frontage road and ramps
shall be located, designed, and constructed in
substantial compliance with Exhibit A attached hereto.
If the design or location shown on Exhibit A is
demonstrated to be infeasible based on engineering or
environmental constraints identified in studies approved
by the City Council of the City or by the SDHPT, or if
such design or location is otherwise unacceptable to the
SDHPT or the Federal Highway Administration, in either of
which cases the City and Owner will revise the design or
location in a mutually agreeable manner that is
acceptable to the SDHPT and Federal Highway
Administration. The City agrees to use its best efforts
to take all steps necessary to obtain all required
governmental approvals as soon as possible. The City
will complete the design engineering and environmental
assessment as soon as possible. The City agrees to
comply with Minute Order No. 89068 dated July 19, 1989,
with regard to the construction schedule for the frontage
road and ramps. If other public funds (including, but
not limited to, impact fees, front foot fees,
assessments, or other charges imposed by the City on land
owners outside the Annexed Area) are not available or are
insufficient, the frontage road, ramps, and access will
be constructed at the City's expense.
(4) The remainder of the streets (including, but not limited
to, grading, paving, drainage, water, sanitary sewer,
utilities, lighting, signalization, and landscaping) will be
located, designed, and constructed in accordance with
standards jointly developed by the City and Owner necessary to
serve the Annexed Area, subject to the approval of the City
Plan Commission, if required. Such improvements will be
constructed in accordance with the City's standard cost
participation guidelines and policies set forth in the
respective CFAs, the terms, conditions, and duration of which
CFAs will be executed prior to beginning construction. The
City's cost participation will be waived, however, on a "per
foot basis" for any street if property on both sides thereof
is not platted prior to the expiration of the applicable CFA.
(5) All permanent streets covered by this Service Plan shall
be constructed of concrete, and all streets, other than local
access thoroughfares in residential areas, shall be designed
to accommodate heavy duty commercial and industrial traffic.
(6) The same level of maintenance shall be provided to
streets within the Annexed Area which have been or will be
accepted by the City as is provided to similar streets
throughout the City.
(7) The City will maintain storm drainage facilities to
current City standards applicable throughout the City provided
such facilities are constructed within drainage easements
which are dedicated to the City.
(8) Street lights installed on public streets shall be
maintained by the City in accordance with current City
standards.
I. WATER SERVICES:
(1) Connection to existing City water mains for domestic
water service to serve the Annexed Area will be provided in
accordance with the City ordinances and policies in effect
from time to time. Upon connection to existing mains, water
will be provided at normal rates (including tap fees, front
foot fees, access fees, or other similar charges or fees in
effect from time to time) established by City ordinances for
such service throughout the City.
Minutes of City Council N-3 Page 12
TUESDAY, SEPTEMBER 12, 1989
(2) All capital improvements required to supply by January 1,
1992, adequate water to the Annexed Area (in accordance with
the pressure and flow rate hereinafter described) shall be
constructed by the City in accordance with design and
construction standards jointly developed by the City and Owner.
Not later than January 1, 1992, the City shall supply, and
thereafter continue to supply, to the Annexed Area, adequate
water with sufficient pressure and instantaneous flow rate
based on the characteristics of topography, proposed land
utilization, and projected population density within the
Annexed Area.
(3) All capital improvements required to supply adequate
water to the Annexed Area after January 1, 1992, (in
accordance with the pressure and flow rate hereinafter
described) shall be constructed by the City using public funds
in accordance with design and construction standards jointly
developed by the City and Owner. After January 1, 1992, the
City shall supply, and continue to supply, to the Annexed Area
adequate water with sufficient pressure and instantaneous flow
rate based on the characteristics of topography, proposed land
utilization, and projected population density within the
Annexed Area.
(4) As development and construction commence within the
Annexed Area, facilities and improvements (other than the
capital improvements described in Paragraphs I(2) and I(3)
above) will be extended by the property owners in accordance
with provisions of the subdivision ordinance, community
facility agreement policies, ordinances, and regulations of
the City in effect from time to time and in accordance with
design and construction standards jointly developed by the
City and the Owner. City participation in the costs of these
extensions shall be in accordance with the City's standard
cost participation guidelines and policies set forth in the
respective CFAs, the terms, conditions, and duration of which
CFAs will be executed prior to beginning construction. Such
facilities and improvements shall be constructed on a schedule
that is consistent with development within the Annexed Area.
(5) Owner shall receive "Front Foot Refunds", "User Refunds",
and "Onsite Credits" (each as hereinafter defined) which, in
the aggregate, may permit Owner to recover 100% of the costs
eligible for recovery (as defined by CFA Contract No. 16435
dated May 24, 1988) paid or incurred by Owner in designing or
constructing any of the water improvements (the "Water
Improvements"). All such refunds and credits shall be payable
to Owner for a period of twenty (20) years after the
respective improvements are completed unless the rights to
such refunds and credits have been assigned by Owner.
(a) Owner shall receive refunds ("Front Foot Refunds")
from front foot charges assessed or charged by the City
for connections to and extensions from the Water
Improvements. Front Foot Refunds will be payable on an
annual basis for the previous year upon written request
from Owner, and such requests may cover periods in excess
of one year. The City will hold unrefunded front foot
charges for one additional year. If Owner does not
request Front Foot Refunds in writing at the end of the
additional year, such refunds shall be forfeited to the
City.
(b) In addition to .Front Foot Refunds, Owner shall also
receive refunds ("User Refunds") as users commence
service from taps into the Water Improvements. User
Refunds will be paid from the revenues generated by such
users. A User Refund will be payable to Owner for each
platted development (a "Development") located in the
Annexed Area which taps into the Water Improvements. The
User Refund for each Development shall be an amount equal
to 15% of the City's then -existing front foot charge
multiplied times the front footage (as defined in the
City's Policy for the Installation of Community
Facilities) of the platted property. The User Refund for
each Development will be payable to Owner pro rata on a
front foot basis when users in the Development tap into
the Water Improvements until 50% of the Development
(determined on a front foot basis) has tapped into the
Water Improvements, at which time the balance of the User
Refund for the Development will be payable to Owner. The
balance of the User Refund shall be 15% of the
then -existing City front foot charge multiplied times the
front footage (as defined above) of platted property in
Minutes of City Council N-3 Page 13
TIA
Ordinance No.
10357 cont.
TUESDAY, SEPTEMBER 12, 1989
the Development for which a User Refund has not been paid.
User Refunds will be made in the same manner as Front
Foot Refunds described above.
(c) In addition to the City's cost sharing for the
oversizing of on-site water main facilities, the City's
share of such on-site water facilities will be increased
by a credit (the "Onsite Credit") as described below.
The Onsite Credit shall be applicable to any of the Water
Improvements constructed in the American Facility or the
Annexed Area pursuant to any CFA. The Onsite Credit
shall be an amount equal to 10% of the City's
then -existing front foot charge multiplied times the
front footage (as defined above) of the platted property.
The Onsite Credit will apply to each phase of development
at the time the CFA for the Water Improvements within
such phase is executed. Payment by the City will be in
accordance with the City's Policy for the Installation of
Community Facilities. No Onsite Credit will be paid
Owner until the the respective Water Improvements covered
by the applicable CFA have been completed and accepted by
the City.
(d) Notwithstanding Owner's right to Front Foot Refunds,
User Refunds, and Onsite Credits, in the event future
City Policy for the Installation of Community Facilities
changes, Owner shall have the opportunity to take
advantage of such changed policy, in which case Owner and
the City agree to cooperate in an attempt to apply such
changed policy to any of the Water Improvements then
existing or under construction; provided, however, that
nothing contained herein shall be construed so as to
require the City to apply such changes to Owner. Any
such agreement shall be a separate agreement between
Owner and the City and be subject to the approval of the
City Council.
(6) As development and construction commence within the
Annexed Area, the City will use its best efforts to provide,
or obtain a low cost source of, irrigation water for property
owners within the Annexed Area. The City hereby consents and
agrees that such owners shall have the right to drill water
wells and accumulate surface water for irrigation purposes and
to do so without charge; provided such owners obtain all
permits required by state and local laws.
(7) The City agrees that if for any reason it refuses, fails,
or is otherwise unable to provide to the Annexed Area the
water services, facilities, and improvements required by this
Service Plan, the City agrees, in concept, to sell, (to any
incorporated municipality, taxing or assessment district, or
local improvement district that serves the Annexed Area) water
as contemplated in Paragraphs I(2), I(3), and I(4) above. Any
such sale shall be upon terms, conditions, and prices at least
as favorable (individually and in the aggregate) as those
given to other entities similarly situated.
J. SANITARY SEWER SERVICES:
(1) Connections to existing City sanitary sewer mains for
sanitary sewage service within the Annexed Area will be
provided in accordance with existing City ordinances and
policies. Upon connection to existing sanitary sewer mains,
sanitary sewage service will be provided at normal rates
(including tap fees, front foot fees, access fees, or other
similar charges or fees in effect from time to time)
established by City ordinances for such service throughout the
city.
(2) The City shall use public funds to construct or cause to
be constructed major sewer facilities including all waste
water treatment facilities, trunk lines, approach mains
(including an approach main to the perimeter of the Annexed
Area along Elizabeth Creek), and ancillary facilities in
connection therewith (including, without limitation, lift
stations, force mains, and metering facilities) to provide
sewer service with adequate capacity based on the
characteristics of topography, proposed land utilization, and
projected population density within the Annexed Area. The
sewer facilities contemplated by this Paragraph J(2) shall be
constructed when justified by development, as determined by
the City.
Minutes of City Council N-3 Page 14
TUESDAY, SEPTEMBER 12, 1989
Ordinance No. (3) As development and construction commence within the
10357 cont. Annexed Area, all sewer facilities and improvements (other
than the major sewer facilities described in Paragraph J(2)
above) will be extended by the property owners in accordance
with provisions of the subdivision ordinance, community
facility agreement policies, ordinances, and regulations of
the City. City participation in the costs of these extensions
shall be in accordance with the City's standard cost
participation guidelines and policies set forth in the
respective CFAs, the terms, conditions, and duration of which
CFAs will be executed prior to beginning construction. Such
facilities and improvements shall be constructed on a schedule
that is consistent with the development of the Annexed Area.
(4) The City hereby consents and agrees that Owner shall have
a right (subject to applicable health standards and
requirements) to construct sewage septic systems within the
American Facility and the Annexed Area until such time as the
services contemplated by this Service Plan are made available;
provided Owner obtains all permits required by state and local
laws. Owner agrees that as to any property it owns at the
time sanitary sewer facilities become available (as
comtemplated by Section 35-135 of the Code of the City (1986),
as amended) and which property is served by a septic system,
to connect such property to the sanitary sewer system upon the
request of the City. Further, Owner agrees to use reasonable
efforts to include such requirement in any deed(s)
transferring any property within the Annexed Area covered by
this Service Plan. Wastewater system facility access fees
shall be due upon each connection being made.
(5) The City agrees that if for any reason it refuses, fails,
oris otherwise unable to provide to the Annexed Area the
sewer services, facilities, and improvements required by this
Service Plan, the City agrees, in concept, to sell, (to any
incorporated municipality, taxing or assessment district, or
local improvement district that serves the Annexed Area) sewer
services sufficient to meet the near term and future needs of
the Annexed Area. Any such sale shall be upon terms,
conditions, and prices at least as favorable (individually and
in the aggregate) as those given to other entities similarly
situated.
K. OTHER IMPROVEMENTS:
(1) ACCESS TAXIWAY. Owner shall dedicate or cause to be
dedicated to the City (at no cost to the City) all of the land
required for the right of way for a public taxiway (the
"Access Taxiway") to be constructed from the Airport to serve
the American Facility and other property in the vicinity of
the Airport.. Subject to the approval of the City Plan
Commission, if required, this taxiway shall be located,
designed, and constructed in substantial compliance with
Exhibit B attached hereto. If the design or location shown on
Exhibit B is demonstrated to be infeasible based on
engineering or environmental constraints identified in studies
approved by the City Council of the City or by the Federal
Aviation Administration, or if such design or location is
otherwise unacceptable to the Federal Aviation Administration,
in either of which cases the City and Owner will revise the
design or location in a mutually agreeable manner that is
acceptable to the Federal Aviation Administration. The City
agrees to use its best efforts to take 411 steps necessary to
obtain all required governmental approvals as soon as possible.
Construction shall be completed prior to the date the American
Facility becomes operational. If other public funds
(including, but not limited to, impact fees, front foot fees,
assessments, or other charges imposed by the City on land
owners outside the Annexed Area) are not available or are
insufficient, this taxiway will be constructed at the City's
expense.
(2) NORTHLAKE. Owner, at its expense, will construct the
lake designated as "Northlake" on Exhibit C attached hereto.
Construction will begin as soon as possible.
L. MISCELLANEOUS:
(1) Any facility
and acquired by the
Annexed Area will
date of use or the
occurs later.
or building located within the Annexed Area
City to provide municipal services to the
be maintained by the City commencing on the
effective date of annexation, whichever
Minutes of City Council N-3 Page 15
16
TUESDAY, SEPTEMBER 12, 1989
Ordinance No. (2) General municipal administrative services of the City
10357 cont. shall be available to the Annexed Area beginning on the
effective date of annexation.
(3) The City agrees to furnish the services prescribed by
this Service Plan for a period of twenty-five (25) after the
effective date of annexation. In the event the City fails or
refuses to provide or to cause the services prescribed herein
to be provided within the time specified in the Service Plan,
a majority of the qualified voters within the Annexed Area
shall be entitled to petition for disannexation pursuant to
and in accordance with the requirements of Section 43.141 of
the Local Government Code.
(4) If any term or provision of this Service Plan is found or
held to be illegal or unenforceable in any respect, such
illegal or unenforceable term or provision shall be deleted
from this plan, and the remainder of this plan shall be
interpreted and enforced as fully as if such illegal or
unenforceable term or provision had never been a part of this
plan.
(5) The failure of Owner or residents within the Annexed Area
to exercise any rights or remedies granted by this Service
Plan or by the Code shall not constitute a waiver of such
rights or remedies or of any duty or obligation of the City
and shall not prejudice or impair the concurrent or subsequent
exercise of any of Owner's or such residents' rights or
remedies.
(6) Nothing contained in this Service Plan shall be construed
as prohibiting the City from enacting an impact fee district
pursuant to Article 1269] - 4.11, Revised Civil Statutes of
Texas (enacted as S.B. 336, Political Subdivisions -Capital
Improvements - Financing, effective June 203, 1987 as amended
from time to time); however, Owner shall not be required to
pay any impact fees or other capital recovery fees or charges
in any form assessed or charged against any part of the
Annexed Area in connection with the engineering, design, or
construction of Alliance Boulevard, Heritage Boulevard, Eagle
Parkway, or Avion Road (as more particularly described in the
Community Facilities Agreements approved by the City Council
of the City on August 8, 1989) or in connection with any
capital improvements or facility expansions required by
Paragraphs H(3)(a), H(3)(b), H(3)(c), I(2), I(3), J(2), or
K(1) of this Service Plan. The exemption from payment set
forth in the preceding sentence shall not apply to wastewater
system facility access fees (as provided for in Section
35-58.1 of the Code of the City (1986), as amended) or to
water system facility access fees (as may be provided by the
Code in the future). Notwithstanding the foregoing, however,
in the event impact fees are used to recover from third
parties the engineering, design, or construction costs of
Alliance Boulevard, Heritage Boulevard, Eagle Parkway, Avion
Road, or the Access Taxiway, Owner shall have the option of
recovering its share of the cost thereof from such impact fees
(to the maximum extent permitted by state law) or from any
other form of capital recovery from time to time in effect.
(7) Whenever this Service Plan requires design and
construction standards to be jointly developed by the City and
Owner for capital improvements to be constructed in whole or
in part using public funds, Owner shall have the right to
review and comment on all drawings, specifications, and other
matters related to such standards, and the City shall use its
best efforts to include or incorporate Owner's comments. In
the event of any disagreement between the City and Owner
regarding such standards, the City and Owner agree to use
their respective best faith efforts to resolve such
disagreement; however, if such resolution is not possible, the
standards selected and approved by the City shall control and
be deemed to have been "jointly developed" as required by this
Service Plan.
(8) The parties agree to use their best efforts to obtain
Federal Aviation Administration, state, or other non -City
public funds to construct the improvements required by this
Service Plan to be funded, in whole or in part, by the City;
however, their failure to do so will not relieve the City of
its obligations as set forth herein. The City will give
construction of such improvements the highest possible
priority for the expenditure of City funds currently available
(and budgeted by the City Council for such improvements) from
any source. In the event current City funds are not available
Minutes of City Council N-3 Page 16
TUESDAY, SEPTEMBER 12, 1989
Ordinance No. or are insufficient, the City will attempt to meet its
10357 cont. obligations by the issuance of certificates of obligation to
the extent permitted by law. Provided, however, as to the
City's performance of its obligations under this Service Plan,
Owner acknowledges and agrees that the City is a governmental
entity and because of statutory, constitutional, and City
charter provisions, the City cannot commit to the payment of
funds for the City's obligations described herein beyond its
current fiscal year. Therefore, the obligations of the City
described herein are subject to and conditioned upon the City
Council of the City appropriating for each fiscal year
sufficient funds to pay for the obligations of the City to be
performed during such fiscal year.
(9) Subject to approval by the City Council, the City will
execute a standard encroachment agreement with Owner (or
easement where appropriate) for the placement of utilities and
other public services contemplated by this Service Plan, the
costs for which shall be prescribed by the applicable City
ordinances or, if required by law, shall be equal to the fair
market value of such as prescribed by Section 272.001 of the
Local Code.
(10) By this Service Plan Owner hereby requests the City to
confirm, and the City does hereby confirm, the access rights
granted to the American Facility and the Annexed Area by City
Ordinance No. 10113 (adopted by the City Council of the City
on May 17, 1988). The City agrees to duly execute,
acknowledge, and record a Grant of Access Right applicable to
the American Facility and the Annexed Area pursuant to the
provisions of, and in the form provided by, such ordinance.
(11) If it is necessary for the City to condemn railroad
property, the Owner shall reimburse the City the entire cost
of the condemnation process, including attorney fees plus any
other costs associated with the right-of-way and or easement
acquisition. The City agrees to initiate immediately (and
complete as soon as possible) all steps necessary to obtain
from the Atchison, Topeka, and Santa Fe Railway Company an
agreement permitting a railroad crossing from Eagle Parkway to
FM -156.
(12) This Service Plan shall be binding upon and inure to the
benefit of Owner and the City and its respective successors,
assigns, and transferees. Any obligations of the City
contained in this Service Plan shall bind any operator,
manager, or lessee of all or in part of the Airport, and the
City agrees to include such a provision in all contracts with
any such operator, manager, or lessee. Any right granted to
Owner by this Service Plan may be assigned to and exercised by
any affiliate, assignee, transferee, or successor of Owner.
(13) Pursuant to this Service Plan, Owner will dedicate or
cause to be dedicated to the City (at no cost to the City)
substantial amounts of land for public purposes. The City
agrees that all such dedications are conditioned upon the
right of Owner, at its expense, to upgrade the design of both
public and private improvements (including landscaping)
constructed on such land. Owner agrees that its design
upgrades will incorporate published engineering, design, and
construction standards of the City. The City agrees that
Owner may participate in selecting architects, engineers, and
consultants who will be involved in the design and
construction of such improvements. The City further agrees
that Owner may participate in developing the technical
standards applicable to the selection of such architects,
engineers, and consultants. The City, at its expense and with
the participation of Owner, will prepare a preliminasry design
and a preliminary cost estimate for each of such improvements.
Owner shall have a period of 30 days after obtaining such
information within which to review it. The City agrees to use
its best efforts to accomplish any reasonable revisions
suggested by Owner that are within the City's overall budget
constraints for the improvements. If the City is unable to
accomplish Owner's suggested revisions because of budget
constraints, Owner shall have the right, at its expense, to
revise the City's preliminary design provided Owner agrees to
reimburse the City for any increases in design and
construction costs directly attributable to Owner's revisions.
Such revisions shall be subject to the prior approval of the
city.
(14) In the event Owner determines that a public improvement
district is desirable to install and maintain landscaping and
Minutes of City Council N-3 Page 17
Ordinance No.
10357 cont.
Amendment to Re-
tirement Ordinance
Alternate Amendmen
to Retirement Or-
diance
M&C G-8182 re
Amendment to Re-
tirement Ordinance
M&C G-8211 re
Alternate Amend-
ment to Retirment
Ordinance
Mr. Bruce Cox re
M&C G-8211
TUESDAY, SEPTEMBER 12, 1989
other improvements and services to serve the Annexed Area, the
City agrees to cooperate with Owner in the formation of such a
district. In the event Owner determines that it is desirable
to include all or any portion of the Annexed Area in a state
or federal enterprise zone, the City agrees to cooperate with
Owner in the formation of a such a zone or the inclusion of
the land in an existing zone.
It was the consensus of the City Council that Mayor and Council Communication
No. G-8182, Amendment to Retirement Ordinance, and Mayor and Council Communication
No. G-8211, Alternate Amendment to Retirement Ordinance, be considered concurrently.
There was presented Mayor and Council Communication No. G-8182, dated
August 29, 1989, from the City Manager, as follows:
SUBJECT: AMENDMENT TO RETIREMENT ORDINANCE
RECOMMENDATION:
It is recommended that the City Council adopt the attached
amendment to the City Retirement Ordinance, Section II which amends
the Ordinance to provide for payment by the Retirement Fund of the
costs of retirees' health insurance and Section I which amends the
Ordinance to provide for post-retirement, lump -sum withdrawal of
contributions.
DISCUSSION:
Beginning with the 1984-85 budget year and continuing through
1988-89, the Retirement Fund Board of Trustees annually approved
payment to the City from the Retirement Fund of the costs of
retirees' health insurance. In November 1988, the Board of
Trustees informed the City Manager of their intention to
discontinue this payment for all future years. Subsequent to this
action the City Council was advised that without funding from the
Retirement Fund the projected $3.2 million costs for 1989-90 would
have to be assumed by the City budget. In response, the City
Council contracted with A. Foster Higgins and Company, Inc. to
provide professional assistance in identifying and evaluating their
short-term options as well as long-term strategy for addressing the
issue of post-retirement medical benefits.
Among other recommendations in the Foster Higgins report to the
Council was the recommendation to amend the Retirement Ordinance to
specifically provide for the past voluntary payments for health
insurance by the Retirement Fund and to provide for the 1989-90
payment by Council authorization. The attached amendment to the
Ordinance will accomplish this recommendation.
Also included in the attached amendment is a no -cost amendment
which will allow a retiree, currently receiving benefits, to
receive the balance of any remaining employee contribution in
lump -sum and release the Retirement Fund from any obligation for
future benefits.
*Approved Section I providing for post-retirement, lump -sum
withdrawal of contributions and continued Section II for two weeks,
providing for payment of the Retirement Fund of the costs of
retirees' health insurance.
There was presented Mayor and Council Communication No. G-8211 from the City
Manager stating that the City Council agenda includes Mayor and Council Communication
No. G-8182 which recommends amendment of the Retirement Ordinance on August 29, 1989;
that Section I of the proposed amendment provided for post-retirement, lump -sum,
withdrawal of contributions which the City Council adopted; that Section II of the
proposed amendment provided for the payment by the Retirement Fund of the costs of
retirees' health insurance; that the City Council continued this section for two weeks
and instructed staff to develop an alternate amendment for consideration which would
change the City's contributions rate to the Retirement Fund from the present 11.50
percent to 9.00 percent for 1989-90 and reinstate the 11.50 percent in 1990-91; that
Mayor and Council Communication No. G-8182 containing Section II of the proposed
amendment which was continued for two weeks on August 29, 1989, is on today's Council
agenda for consideration; that, as an alternate, the Council may then consider adoption
of the amendment which changes the City's contribution to the Fund for 1989-90; and
recommending that the City Council adopt an ordinance amending the City Retirement
Ordinance which amended Section V of the ordinance by reducing the City's contribution
to the Retirement Fund from the present 11.50 percent of members' salaries to 9.00
percent for the 1989-90 fiscal year and then reinstates the 11.50 percent for the
1990-91 and all future years.
Mr. Bruce Cox, Chairman of the Board of Trustees of the Employees' Retirement
Fund of the City of Fort Worth, appeared before the City Council and stated that, in
his opinion, the payment of retirees' medical benefits is not an appropriate use of the
funds of the Retirement Fund.
Minutes of City Council N-3 Page 18
TUESDAY, SEPTEMBER 12, 1989
r. David ManningI Mr. David Manning, President of the Fort Worth Police Officers Association,
Andm
e Ameent to
etedmt Ordinance appeared before the City Council and expressed opposition to the recommendations
&C G- 8211 contained in Mayor and Council Communication Nos. G-8211 and G-8182 relative to the use
of funds in the Retirement Fund to pay medical benefits for retired City of Fort Worth
employees.
r. Coit Yancey re
&C G-8211
Mr. J.D. "Jay"
Peacock re
M&C G-8211
Mrs. Betty Brink.
re M&C G-8211
Mrs. Minnie Nealy
re M&C G-8211
M&C G-8198 re
refund of overpaid
taxes
Mr. Coit Yancey, retired City of Fort Worth employee, appeared before the
City Council and expressed opposition to the recommendations contained in Mayor and
Council Communication Nos. G-8182 and G-8211 relative to the use of funds of the
Retirement Fund to pay medical benefits for retirees.
Mr. J.D. "Jay" Peacock, Vice President of the Fort Worth Fire Fighters
Association, appeared before the City Council and expressed opposition to the
recommendations contained in Mayor and Council Communication Nos. G-8182 and G-8211
relative to the use of funds of the Retirement Fund to pay medical benefits for retired
City employees.
Mrs. Betty Brink, representing the Fort Worth Librarians' Association,
appeared before the City Council and expressed opposition to the recommendations
contained in Mayor and Council Communication Nos. G-8182 and G-8211 relative to the use
of funds in the Retirement Fund for the purpose of paying medical benefits for retired
City of Fort Worth employees.
Mrs. Minnie Nealy, 5305 Mansel Lane, representing unnamed City of Fort Worth
employees and herself, appeared before the City Council and advised the City Council
that she prefers raises for the City employees and prefers across the board raises in
addition to merit increases.
Council Member Garrison made a motion, seconded by Council Member Webber,
that consideration of Mayor and Council Communication Nos. G-8182 and G-8211 be
continued until the conclusion of the executive session. When the motion was put to a
vote by the Mayor, it prevailed unanimously.
There was presented Mayor and Council Communication No. G-8198 from the City
Manager stating that the Texas Property Tax Code requires that a taxpayer must request
a refund for tax overpayment within three years of that payment; that Section 31.11 of
the Property Tax Code further requires approval by the governing body before refunding
overpayments or erroneous payments in instances where the refund exceeds $500.00; and
that the Revenue Collection Division of the Finance Department has verified that
erroneous payments or overpayments were made and recommends refunds, as follows:
ACCOUNT NO. LEGAL DESCRIPTION NAME AMOUNT
0047-15-50
1988 Taxes
0210-07-62
1988 Taxes
0299-63-08
1987 Taxes
0541-65-90
1988 Taxes
Cham. Arl. Hts.
Lot 11, Block 3
(City/School)
Taxes Paid Twice
Overton South
Lot 8A, Block 18
(City/School)
Taxes Paid Twice
Summerfields
Lot 8, Block 29
(City Only)
Taxes Paid Twice
#1F NCNB Texas Bank $2,297.20
Rolling Hills Est.
Lot 19, Block 2
(School Only)
Taxes Paid Twice
Carteret Mtg. Corp. $ 798.19
Colonial Savings $ 547.67
Troy and Nichols $2,388.53
Council Members Zapata, Garrison, Murrin, Chappell, and Webber advised the
City Council that they cannot vote on the question of the refund of tax overpayments on
Account No. 0047-15-50 on Chamberlain Arlington Heights #1F, Lot 11, Block 3
(City/School Taxes) to NCNB Texas Bank.
Mayor Pro tempore Gilley made a motion, seconded by Council Member Murrin,
that refund of tax overpayments on Account No. 0210-07-62 for Overton South Addition,
Lot 8A, Block 18 (City/School) to Carteret Mtg. Corp. be authorized. When the motion
was put to a vote by the Mayor, it prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison,
Granger, McCray, Murrin, and Webber
NOES: None
ABSENT: None
NOT VOTING: Council Members Zapata and Chappell
Minutes of City Council N-3 Page 19
M&C G-8207 re -
submission of
grant applications
to the State De-
partment of High-
ways and Public
Transportation to
obtain available
funds for the
Traffic Light Synch-
ronization programil
TUESDAY, SEPTEMBER 12, 1989
Mayor Pro tempore Gilley made a motion, seconded by Council Member Murrin,
that tax refunds be authorized on Account No. 0299-63-08, Summerfields Addition, Lot 8,
Block 29 (City only) to Colonial Savings. When the motion was put to a vote by the
Mayor, it prevailed unanimously.
Mayor Pro tempore Gilley made a motion, seconded by Council Member Murrin,
that tax refunds be authorized to Account No. 0541-65-90, Rolling Hills Estate, Lot 19,
Block 2 (School only) to Troy and Nichols. When the motion was put to a vote by the
Mayor, it prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison,
Granger, McCray, Murrin, and Webber
NOES: None
ABSENT: None
NOT VOTING: Council Members Zapata and Chappell
Mayor Pro tempore Gilley made a motion, seconded by Council Member Granger,
that consideration of the refund of tax overpayments on Account No. 0047-15-50 on
Chamberlain Arlington Heights #1F, Lot 11, Block 3 (City/School) to NCNB Texas Bank be
continued for one week. When the motion was put to a vote by the Mayor, it prevailed
unanimously. \
There was presented Mayor and Council Communication No. G-8207 from the City
Manager, as follows:
SUBJECT: AUTHORIZATION OF GRANT APPLICATIONS FOR TRAFFIC LIGHT
SYNCHRONIZATION PROGRAM
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to submit grant applications to the
State Department of Highways and Public Transportation to
obtain available funds for the Traffic Light Synchronization
program;
2. Authorize the City Manager to execute the attached resolution;
and
3. Authorize the City Manager to approve the following bond fund
transfer:
FROM
89-031901-00
Unspecified
Traffic
Signals
DISCUSSION:
TO
89-031088-00
Traffic Light
Synchroniza-
tion
AMOUNT REASON
$63,333.00 To provide local
matching funds for
traffic signal im-
provements.
The Traffic Light Synchronization (TLS) program authorized by the
Governor's Energy Management Center as part of the "Oil Overcharge
Restitutionary Act" and supervised by the State Department of
Highways and Public Transportation (SDHPT) will provide to cities
across the state the sum of $5.2 million to optimize traffic signal
timing plans and replace outdated signal controller equipment that
cannot otherwise provide optimum signal timing. The amount
available to the City of Fort Worth is $190,000 and requires a 25%
local match. State Oil Overcharge funds would be sought for
$190,000 and the City would provide a $63,333 (25%) local match for
total program funding of $253,333.
City Traffic Engineering staff has selected the following four
locations to be included in the grant applications:
1. NORTH MAIN STREET SYSTEM
- from 5th Street to 28th Street
- 11 signalized intersections
2. 28TH STREET SYSTEM
- from Cliff Street to Industrial Boulevard (I -35W)
- 8 signalized intersections
3. CAMP BOWIE SYSTEM
- from I-30 to Clover Lane
- 6 signalized intersections
4. EAST LANCASTER SYSTEM
- from Clifford Street to Canton Drive
- 8 signalized intersections
Minutes of City Council N-3 Page 20
3 :1
TUESDAY, SEPTEMBER 12, 1989
M&C G-8207 cont. City Traffic Engineering staff believes these four locations will
provide the most benefit for the amount of funds available based on
traffic counts, type of existing controller equipment, and distance
between signalized intersections.
A traffic engineering consulting firm will be selected to assist in
the work necessary to complete this project. The consultant will be
responsible for intersection traffic counts, "Before" field
evaluations, analysis and development of timing plans, and "After"
field evaluations. City staff will be responsible for grant
management, monitoring consultant's work, acquiring and installing
new signal controller equipment, and implementing selected timing
plans.
The TLS program schedule calls for all phases of the project to be
completed between January 1990 and December 1990. Monthly financial
reports will be submitted to the SDHPT District 2 office for
reimbursement of authorized expenses.
FINANCING:
Sufficient funds are available for transfer from Street Improvement
Funds 89, Project No. 031901-00, Traffic Signals Unspecified. Upon
approval and completion of Recommendation No. 3, sufficient funds
will be available in Street Light & Signal Improvements Fund 89,
Project No. 031088-00, Traffic Light Synchronization, to provide
25% local match of grant. Expenditures will be made from Index Code
651257.
M&C G-8207 approved It was the consensus of the City Council that the recommendations, as contained in
II Mayor and Council Communication No. G-8207, be approved.
Introduced al°�
Resolution
Resolution No.
1465
Mayor Pro tempore Gilley introduced a resolution and made a motion that it be
adopted. The motion was seconded by Council Member Chappell. The motion, carrying
with it the adoption of said resolution, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Murrin, Webber, and Chappell
NOES:
ABSENT:
None
None
The resolution, as adopted, is as follows:
RESOLUTION NO. 1465
RESOLUTION AUTHORIZING THE
TRAFFIC LIGHT SYNCHRONIZATION PROGRAM
GRANT APPLICATION
WHEREAS, the City of Fort Worth recognizes that it is in
the interest of the national economy to promote the conservation of
energy resources and to reduce our nation's dependence on costly
foreign oil; and,
WHEREAS, the retiming of signals by the City of Fort
Worth will provide benefits to the local community in the form of
improved traffic flow, reduced fuel consumption, reduced vehicle
operating costs, reduced air pollutant emissions, and improved
safety due to smoother traffic flow; and,
WHEREAS, funds have been established and are available
through the State Department of Highways and Public Transportation
for grants to local governments for a traffic signal retiming
projects;
NOW, THEREFORE, be it resolved that the City Council of
the City of Fort Worth, Texas authorizes the submission of
applications to the State Department of Highways and Public
Transportation for Traffic Light Synchronization grants and, if the
applications are selected for funding, the City Manager of the City
of Fort Worth is hereby authorized and empowered to execute in the
name of the City of Fort Worth all necessary applications,
contracts, and agreements to implement and carry out the purposes
specified in this resolution.
M&C G-8208 re There was presented Mayor and Council Communication No. ;-2218 from the
amending Chapter City Manager recommending that an ordinance be 'adopted amending Chaptr 22 "Motor
"Motor Vehicles - Vehicles Vehicles and Traffic" of The Code of the City of Fort Worth (1986), as amended,
and Traffic" amending the speed zone ordinance.
Minutes of City Council N-3 Page 21
w*4
TUESDAY, SEPTEMBER 12, 1989
Mr. Walt Cooper Mr. Walt Cooper, representing the Department of Transportation and Public
re school zone Works, appeared before the City Council in response to questions raised by Council
Member Webber regarding the school zone in the vicinity of the Edward Briscow
Elementary School, and advised the City Council the Department of Transportation and
Public Works will review the speed zones in that vicinity.
Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell,
that the recommendation, as contained in Mayor and Council Communication No. G-8208, be
adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously.
Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
Ordinance adopted. The motion was seconded by Council Member Chappell. The motion, carrying
with it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Murrin, Webber, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10386
10386 AN ORDINANCE AMENDING CHAPTER 22 "MOTOR
VEHICLES AND TRAFFIC", OF THE CODE OF THE CITY
OF FORT WORTH (1986), AS AMENDED: BY AMENDING
SUBSECTION (f) OF SECTION 22-86 OF ARTICLE III
THEREOF BY CHANGING CERTAIN SCHOOL ZONES; BY
AMENDING SUBSECTION (g) OF SECTION 22-86 OF
ARTICLE III THEREOF BY CHANGING LOCATION,
EXTENT AND/OR SPEED LIMITS OF CERTAIN SPEED
ZONES: PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL PROVISIONS OF ORDINANCES AND
OF SUCH CODE AFFECTING MOTOR VEHICLES AND
TRAFFIC: PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; AUTHORIZING PUBLICATION
IN PAMPHLET FORM; DIRECTING PUBLICATION OF THE
CAPTION AND PENALTY CLAUSE; DIRECTING THE
ENGROSSMENT AND ENROLLMENT OF THE CAPTION AND
PENALTY CLAUSE AND THE FILING OF THIS
ORDINANCE; PROVIDING A PENAL CLAUSE; AND NAMING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 9.
That any person violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor, and each such
person shall be deemed guilty of a separate offense for each day or
portion thereof during which any violation of any of the provisions
of this ordinance is committed, continued or permitted, and each
violation shall be punishable by a fine not to exceed Two Hundred
Dollars ($200.00).
M&C G-8209 re There was presented Mayor and Council Communication No. G-8209 from the City
Altrusa Club of Manager stating that Altrusa Club of Fort Worth, Texas, Inc., proposes to donate to the
fort Worth, Texas, City of Fort Worth a sculpture to be placed in the Botanic Garden at no cost to the
Inc. proposes to City; that the sculpture will be a life-sized bronze statue by Mr. Jack Bryant of a
donate a sculpturepioneer woman titled "The Spirit of Woman"; that the Altrusa Club has contracted with
Oliver Windham, Landscape Architect, to plan the placement of the statue in the Botanic
Garden, with a proposed location at the fork in the vista south of the Texas State
Garden Club headquarters building; and recommending that the City Council accept the
donation of sculpture for the Botanic Garden offered by the Altrusa Club of Fort Worth,
Texas, Inc. On motion of Council Member Murrin, seconded by Mayor Pro tempore Gilley,
the recommendation was approved.
There was presented Mayor and Council Communication No. G-8210 from the City
M&C G-8210 re Manager, as follows:
Application for
economic develop- SUBJECT: APPLICATION FOR ECONOMIC DEVELOPMENT ADMINISTRATION GRANT
emtn admi ni strati o FOR USE IN THE STOCKYARDS
grant for use in
the stockyards RECOMMENDATION:
It is recommended that the City Council:
1) Approve the recommended boundary for the Economic Development
Administration (EDA) Fort Worth Stockyards project; and,
Minutes of City Council N-3 Page 22
TUESDAY, SEPTEMBER 12, 1989
&C G-8210 cont. 2) Authorize the City Manager to submit a grant application to
the EDA in the amount of $11,800,000 for infrastructure
improvements in the Stockyards area and to accept and execute
the grant, if offered.
DISCUSSION:
In 1985 and 1986, Congress passed the appropriation bills that
included $4.5 million and $7.5 million, respectively, in Economic
Development Administration funds "for the continued development
facilities and related infrastructure activities of the Fort Worth
Stockyards project." As a result of the federal budget reductions
mandated by the Gramm, Rudman, Hollings bill, the $4.5 million was
reduced to $4.3 million. The $7.5 million was not affected.
Therefore, a total of $11.8 million in EDA funds is currently
available to be used exclusively in the Stockyards area. Since
these are demonstration grants, no City match is required.
However, the City must still follow the normal grant application
process in order to receive the funds.
Although several projects have been considered in the past, EDA
officials have notified the City that the only acceptable use for
the grants would be for projects that accomplish infrastructure
improvements.
PROJECT BOUNDARY:
Since these EDA funds can only be used in the "Stockyards", staff
has recommended a proposed boundary for the project. Attached is a
map that outlines the proposed project area. It encompasses an
area that is significantly larger than the Stockyards National
Historic District. The area is generally bounded on the west by
Clinton Avenue, the north by 29th Street; the east by Decatur to
Samuel, the west side of the Trinity River to 20th Street, 20th
Street to 14th Street, 14th Street to North Commerce and North
Commerce to Northside Drive; and on the south by Northside Drive.
Prior to recommending this boundary, staff received input from the
North Fort Worth Historical Society, the Stockyards Task Force, the
North Fort Worth Business Association, the City's Planning and
Growth Management Department, Regional EDA and Councilman Louis
Zapata.
PROJECT DESCRIPTION:
A preliminary list of projects was discussed with the City Council
during the Pre -Council meetings on April 5, and May 10, 1988.
However, it was decided that no application would be submitted at
that time. The proposed projects were also presented to the
Stockyards Task Force and the North Fort Worth Historical Society
for review and comments. Based on the input received, staff and
Transportation and Public Works has developed a final list of
projects and a recommendation is being made to submit to EDA a
grant application in the amount of $11,800,000 for infrastructure
improvements. -
Below is a summary of the projects and the associated costs. They
have been listed in priority order, as recommended by staff. In
identifying projects, staff attempted to recommend those that would
facilitate future economic development activities in the Stockyards
area. A great deal of attention has been given to solving problems
associated with flooding, traffic circulation patterns, signage and
landscaping:
1) Main Street Bridge (Over Marine Creek) Reconstruction - This
bridge reconstruction is needed both to make it capable of
handling traffic associated with Main Street improvements and
to make its Marine Creek throughflow compatible with the
existing and proposed improvements to the stream basin
hydrology. The existing structure is an obstacle both to
current road traffic and drainage characteristics and dynamics
of flowage. Estimated Cost: $904,700;
2) Marine Creek Channel Improvements Project - This is a new
phase of an ongoing project. Previously significant
improvements were made in the channel and park amenities along
the floodway both upstream and in the heart of the Stockyards
area. This proposed phase will build on and complement past
work. It involves mid -channel corrections and deepening in
the zone of prior improvements (Main Street to N.W. 23rd
Street) plus extension of both channel and floodway
improvements downstream to the historic railway bridge about
Minutes of City Council N-3 Page 23
cont.
TUESDAY, SEPTEMBER 12, 1989
1,150 feet south of 23rd Street. Estimated Project Cost:
$3,331,400;
3) North Main Street 14th Street to 21st Reconstruction and
Drainage Improvements) - A project which complements the City
CIP projects on Main Street (see above), the Marine Creek
tributary drainage projects (see above), and the 20th Street
projects (see below). Estimated Cost: $294,150;
4) North Main Street (25th Street to 28th Street) Reconstruction
and Drainage Improvements - This project complements the Main
Street projects at the upper (northern) entry to the
Stockyards area. Estimated cost: $627,700;
5) Northside (Cowtown) Coliseum AuxiliarX Alley Project - This
project will curb, gutter, and pave an alley on the east side
of the Coliseum which is currently unsightly and subject to
drainage problem spillovers to past improvements in this area.
It is complimentary to the Rodeo Street and Plaza improvements
on the west side of the Coliseum. Estimated Project Cost:
$144,500;
6) Northside Coliseum Auxiliary Alley Lighting Project - Provides
appropriate strut lighting for the preceding project above.
Estimated Project Cost: $19,750;
7) Marine Tributary Drainage Project, Phase 2 - Phase I of this
project has been completed with City CIP funding. The second
phase is the critical upstream portion of the project.
Estimated Cost: $816,950;
8) Stockyards Area Signage and Entrancewav Landscapina - The
purpose of this project is to improve the appearance and
effectiveness of key locations serving as gateways into the
Stockyards area by strategically placing well-designed,
attractive signage with a backdrop of landscaping. Estimated
Cost: $200,000;
9) N.W. 23rd Street (Clinton Avenue to North Main)_ Reconstruction
and Drainage Improvements - A key east -west street at the
southern edge of the National Historic District. Estimated
Project Cost: $268,100;
10) Exchange Avenue (Clinton Avenue to North Main) Resurfacing -
This is the traditional main street" of the Stockyards
Historic District. Resurfacing will make this segment
compatible with proposed Main Street and Ellis Avenue.
Estimated Cost: $41,500;
11) N.W. 25th Street (Clinton Avenue to North Main) Resurfacing -
A project closely linked to several others in the area.
Estimated Cost: $220,800;
12) N.W./N.E. 20th Street (Clinton Avenue to North Commerce Street
Reconstruction - A project linked with and comp ementary to
several others proposed in the southern part of the project
area. Estimated Cost: $262,300;
13) Ellis Avenue (23rd Street to 25th Street) Reconstruction - The
second phase of a project the first of which has City CIP
funding committed (see above). Estimated Cost: $231,590;
14) North Commerce Avenue (21st Street to 23rd Street) New
Construction - This street serves an industrial commercial
zone in the southern part of the Stockyards area. It has
never been built to modern standards. The project will
complement overall traffic goals in the area while improving
its immediate service area. Estimated cost: $131.650;
15) North Houston Street (20th Street to 24th Street
Reconstruction - North -south street important to Stockyards
area traffic circulation. Estimated Cost: $318,200;
16) North Houston Avenue (24th Street to 25th Street Resurfacing -
A project in the heart of the historic Stockyards closely
linked to other proposed projects. Estimated Cost: $27,650;
17) N. W. 22nd Street (Clinton Avenue to North Main) New
Construction - A substandard street segment on the southern
edge of the Historic District. Estimated Cost: $126,400;
18) Clinton Avenue (23rd Street to 25th Street) Reconstruction - A
street segment which could help to relieve some of the traffic
congestion by providing a key linkage between 23rd and 25th
Minutes of City Council N-3 Page 24
M&C G-8210 cont.
The Reverend Rona'
Alves re Economic
Development Ad-
ministration
grants for the
Stockyards
M&C P-3691 re
purchase of eye
examinations and
lenses for the
job training pro-
gram participants
of the Employment
and Training De-
partment
TUESDAY, SEPTEMBER 12, 1989
streets at the western edge of the primary tourist and
entertainment zone. Estimated cost: $153,600;
19) Exchange Avenue (North Main east to railway crossing) Curb and
Gutter Replacement - Stockyards historic -"main"—street in this
segment has brick surface. Curb and gutter replacement is
needed to improve drainage and to stabilize the street surface
frame. Estimated Cost: $65,600;
20) Marine Creek (Exchange to 23rd Street) Landscaping, Pedestrian
Bridge and Walkways, and Lighting - Enhances and completes the
park and pedestrian amenities along Marine Creek. Estimated
Project Cost: $496,000;
21) North Nichols Avenue (28th to 29th Street) Reconstruction -
Reconstruct street to industrial standards to serve important
industrial area. Estimated Cost: $115,530;
22) North Calhoun Avenue (21st to 23rd Street) Reconstruction -
Improve industrial zone feeder street to industrial use
standards. Project should help ease industrial traffic
conflicts with residential and retail traffic. Estimated
Cost: $144,369;
23) 21st Street (N. Main to dead end east) Reconstruction -
Estimated Cost: 267,081;
24) N.E. 22nd Street (N. Main to Jones) Reconstruction - Improve
traffic Firculation in commercial zone. Estimated Cost:
$150,170;
25) North Grove Avenue (20th to 21st Street) Reconstruction -
Street improvements can improve circulation in industrial
area, diverting traffic from residential and retail zones.
Estimated Cost: $63,414;
26) Marine Creek (North Main to Clinton) Channel Improvements -
Project work willsupplement upplement an improve on existing channel
conditions. These more effective improvements are compatible
with and feasible due to the proposed (above) improvements on
Marine Creek downstream from North Main. Estimated Cost:
$2,150,000;
27) N.W. 27th Street (Ellis to N. Main) Reconstruction - Project
improves a business -serving local street, a link in the
Stockyards area circulation plan. Estimated Cost: $32,652;
and
28) N.W. 29th Street (N. Main to Clinton) Reconstruction -
Improvement to street serving both industrial and commercial
traffic can help to divert business traffic from residential
streets. Estimated Costs: $194,244.
Total cost of all proposed projects: $11,800,000
FINANCING:
Since this grant will be funded 100% by Economic Development
Administration, no City funds will be required.
d The Reverend Ronald Alves, representing ACT, appeared before the City Council
and requested that the Council give favorable consideration to the recommendation
contained in Mayor and Council Communication No. G-8210 for Economic Development
Administration grants for development of the Stockyards area.
Council Member Garrison made a motion, seconded by Council Member Granger,
that the recommendation, as contained in Mayor and Council Communication No. G-8210, be
adopted. When the motion was put to a vote by the Mayor, it prevailed by the following
vote:
AYES: Mayor Bolen; Council Members Garrison, Granger, McCray, and
Webber
NOES: None
ABSENT: None
NOT VOTING: Mayor Pro tempore Gilley; Council Members Zapata, Murrin, and
Chappell
There was presented Mayor and Council Communication No. P-3691 from the City
Manager stating that the purchase of eye examinations and lenses for the job training
program participants of the Employment and Training Department was approved on
January 3, 1989, by Mayor and Council Communication No. P-3114; that the maximum amount
Minutes of City Council N-3 Page 25
TUESDAY, SEPTEMBER 12, 1989
r
Minutes of City Council N-3 Page 26
M&C G-8210 cont.
authorized to be spent on a participant is $150.00, with expenditures not to exceed
$5,000.00; that the staff of the Employment and Training Department has expended those
funds and authorization from Council is needed for further expenditures to this vendor;
stating that budgeted funds are sufficient to cover the anticipated expenditure by each
department participating in this agreement; and recommending that Mayor and Council
Communication No. P-3114, approved on January 3, 1989, be amended to read, as follows:
{
Authorize the purchase of eye examinations, corrective lenses, and
frames from Texas State Optical for the Employment and Training
Department on the following unit prices:
(1) Eye Examinations $35.00
(2) Corrective Lenses $60.00
(3) Frames $55.00
M&C G8210 adopted
It was the consensus of the City Council that the recommendation be adopted.
M&C, P-3692 re
There was presented Mayor and Council Communication No. P-3692 from the City
purchase of eye
Manager recommending that the City Council confirm the award of an order not to exceed
examinations and
$52,054.00 to Wade Harral Electric for the emergency purchase of electrical repair
corrective lenses
service for the Water Department, with funds available in Water and Sewer Operating
form Texas State
Fund 45, Account No. 60-50-04, Index Code 375162. It was the consensus of the City
Optical for the
Council that the award of an order in the amount of $52,054.00 to Wade Harral Electric
Employemnt and
be approved, confirmed, and ratified.
Training Department
M&C P-3693 re
There was presented Mayor and Council Communication No. P-3693 from the City
purchase of pro-
Manager submitting a tabulation of bids received for purchase of professional services
services;
required by the Health Department to construct and completely finish 25 sets of upper
required
required the
and/or lower dentures; stating that budgeted funds are sufficient to cover the
Health Department
pa
anticipated expenditure b each department
p p Y P participating in the agreement; and
to construct and
recommending that the City Council authorize the purchase from John P. Murphy
completely finish
D.D.S./Texas Denture Service on bid of unit prices, as follows:
25 sets of upper
and/or lower
John P. Murphy, D.D.S./
dentures from John'!
Texas Denture Service
P. Murphy, D.D.S./'
Fort Worth, TX
Texas Denture
Service
1) Construct Full Upper and Lower Dentures $198.00/per set
2) Construct Full Upper and/or Lower $110.00/per unit
Dentures
3) Professional Services for Full Dentures $297.00/per case
4) Professional Services for Full Upper $165.00/per case
and/or Lower Dentures
Total amount not to exceed $12,375.00 net, f.o.b. Fort Worth.
M&C P-3693 adopted
It was the consensus of the City Council that the recommendation be adopted.
M&C P-3694 re
There was presented Mayor and Council Communication No. P-3694 from the City
purchase agreement,
Manager submitting a tabulation of bids received for a purchase agreement for
with multiple
janitorial supplies for various City departments; stating that budgeted funds are
vendors for jani-
sufficient to cover the anticipated expenditure by each department participating in the
torial supplies
agreement; and recommending that the purchase agreement be authorized with L & D
Supply, Arlington, Texas; Lind Paper Company, Fort Worth, Texas; Pollock Paper Company,
Dallas, Texas; and Wender Products, Fort Worth, Texas; authorize all City departments
to participate in agreement; with term of agreement to become effective date of
authorization until one year later and end with a one-year option to renew. It was the
consensus of the City Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. L-9902 from the City
M&C L-9902 re
Manager recommending that the City pay a total consideration of $350.00 for a
acquisition of
rectangularly -shaped strip of land 17.59 feet in width and 56.75 feet in length out of
land
Tract 25B, Dulaney Survey, Abstract No. 411, as recorded in Volume 8301, Page 1198,
Deed Records, Tarrant County, Texas; said land being located on the east side of Tract
25B along the Lizzie Davis right-of-way at 1720 Lizzie Davis; owned by Herman Williams;
and required for Lizzie Davis Street from Katy Street to Calumet Street. It was the
consensus of the City Council that the land be acquired as recommended and that the
expenditure be charged to Street Improvements Fund 67, Project No. 040160-00, Index
Code 699884.
M&C L-9903 re
There was presented Mayor and Council Communication No. L-9903 from the City
acquisition of
Manager recommending that the City pay a total consideration of $550.00 for a
land
rectangularly -shaped strip of land 17.53 feet in width and 56.75 feet in length out of
Tract 25A, Dulaney Survey, Abstract No. 411, as recorded in Volume 8316, Page 664, Deed
Records, Tarrant County, Texas; said land being on the east side of Tract 25A, along
the Lizzie Davis Street right-of-way; located at 1716 Lizzie Davis; owned by Ruby L.
Stewart, executrix for Beulah Criss Estate; and required for Lizzie Davis Street from
Katy Street to Calumet Street. It was the consensus of the City Council that the land
be acquired as recommended and that the expenditure be charged to Street Improvements
Fund 67, Project No. 040160-00, Index Code 699884.
M&C L-9904 re
There was presented Mayor and Council Communication No. L-9904 from the City
acquisition of
Manager recommending that the City pay a total consideration of $720.00 for a
land
rectangularly- shaped strip of land 14.94 feet in width and 150 feet in length out of
Minutes of City Council N-3 Page 26
M&C L-9904 cont.
M&C L-9905 re
Acquisition of Ian
M&C L-9906 re
acquisition of
land
M&C L-9907 re
acquisition of
land
M&C L-9908 re
acquisition of
land
M&C L-9909 re
acquisition of
land
M&C L-9910 re
acquisition of
land
M&C L-9911 re
acquisition of
permanent easement;
TUESDAY, SEPTEMBER 12, 1989
Lots 8, 9, and 10, Block 3, Stallcup Addition, Second Filing, as recorded in Volume
7827, Page 1354, Deed Records, Tarrant County, Texas; said land being along the west
side of Lots 8, 9, and 10, along the Lizzie Davis right-of-way; located at 1732 Liberty
Street; owned by Greater St. Mark Baptist Church and Security Trust Company in
Liquidation; and required for Lizzie Davis Street from Katy Street to Calumet Street.
It was the consensus of the City Council that the land be acquired as recommended and
that the expenditure be charged to Street Improvements Fund 67, Project No. 040160-00,
Index Code 699884.
There was presented Mayor and Council Communication No. L-9905 from the City
Manager recommending that the City pay a total consideration of $500.00 for a
rectangularly -shaped strip of land 15.19 feet in width and 50 feet in length out of
Lot 7, Block 3, Stallcup Addition, Second Filing, as recorded in Volume 5690, Page 663,
Deed Records, Tarrant County, Texas; said land being on the west side of lot along the
Lizzie Davis Street right-of-way; located at 1726 Liberty; owned by Dora Mozetta Trigg
Smith; and required for Lizzie Davis Street from Katy Street to Calumet Street. It was
the consensus of the City Council that the land be acquired as recommended and that the
expenditure be charged to Street Improvements Fund 67, Project No. 040160-00, Index
Code 699884.
There was presented Mayor and Council Communication No. L-9906 from the City
Manager recommending that the City pay a total consideration of $400.00 for a
rectangularly -shaped strip of land 15.44 feet in width and 50 feet in length out of
Lot 6, Block 3, Stallcup Addition, Second Filing, as recorded in Volume 3655, Page 559,
Deed Records, Tarrant County, Texas; located at 1720 Liberty Street; owned by Hattie
Ruth Sanders; and required for Lizzie Davis Street from Katy Street to Calumet Street.
It was the consensus of the City Council that the land be acquired as recommended and
that the expenditure be charged to Street Improvements Fund 67, Project No. 040160-00,
Index Code 699884.
There was presented Mayor and Council Communication No. L-9907 from the City
Manager recommending that the City pay a total consideration of $750.00 for a
rectangularly -shaped strip of land 15.70 feet in width and 50 feet in length out of
Lot 5, Block 3, Stallcup Addition, Second Filing, as recorded in Volume 4679, Page 691,
Deed Records, Tarrant County, Texas; said land being on the west side of lot along the
Lizzie Davis right-of-way; located at 1718 Liberty Street; owned by Ulysses and Geneva
Jones; and required for Lizzie Davis Street from Katy Street to Calumet Street. It was
the consensus of the City Council that the land be acquired as recommended and that the
expenditure be charged to Street Improvements Fund 67, Project No. 040160-00, Index
Code 699884.
There was presented Mayor and Council Communication No. L-9908 from the City
Manager recommending that the City pay a total consideration of $400.00 for a
rectangularly -shaped strip of land 15.95 feet in width and 50 feet in length out of
Lot 4, Block 3, Stallcup Addition, Second Filing, as recorded in Volume 5327, Page 410,
Deed Records, Tarrant County, Texas; said land being located along the west side of lot
along the Lizzie Davis right-of-way at 1712 Liberty Street; owned by Robert and Mary
Lee Bradford; and required for Lizzie Davis Street from Katy Street to Calumet Street.
It was the consensus of the City Council that the land be acquired as recommended and
that the expenditure be charged to Street Improvements Fund 67, Project No. 040160-00,
Index Code 699884.
There was presented Mayor and Council Communication No. L-9909 from the City
Manager recommending that the City pay a total consideration of $1,000.00 for a
rectangularly -shaped strip of land 16.21 feet in width and 50 feet in length out of
Lot 3, Block 3, Stallcup Addition, Second Filing, as recorded in Volume 6151, Page 69,
Deed Records, Tarrant County, Texas; said land being on the west side of lot along the
Lizzie Davis right-of-way; located at 1708 Liberty Street; owned by Jimmie L. Daniels;
and required for Lizzie Davis Street from Katy Street to Calumet Street. It was the
consensus of the City Council that the land be acquired as recommended and that the
expenditure be charged to Street Improvements Fund 67, Project No. 040160-00, Index
Code 699884.
There was presented Mayor and Council Communication No. L-9910 from the City
Manager recommending that the City pay a total consideration of $490.00 for a
rectangularly -shaped strip of land 16.46 feet in width and 50 feet in length out of
Lot 2, Block 3, Stallcup Addition, Second Filing, as recorded in Volume 818, Page 72,
Deed Records, Tarrant County, Texas; same being on the west side of lot along the
Lizzie Davis right-of-way; located at 1704 Liberty Street; owned by Idella Chambers;
and required for Lizzie Davis Street from Katy Street to Calumet Street. It was the
consensus of the City Council that the land be acquired as recommended and that the
expenditure be charged to Street Improvements Fund 67, Project No. 040160-00, Index
Code 699884.
There was presented Mayor and Council Communication No. L-9911 from the City
Manager recommending that the City pay a total consideration of $19,800.00 for a
permanent easement located parallel and adjacent to the south property line of Block
117, Westcliff Addition, as recorded in Volume 8359, Page 440, Deed Records, Tarrant
County, Texas; located at Hildring Drive and I-20; owned by Avi S. Peretz; and required
for I-20 Water and Sewer Adjustments. It was the consensus of the City Council that
the easement be acquired as recommended and that a bond fund transfer in the amount of
$19,800.00 be authorized from Sewer Capital Improvement Fund 54, Project No. 014901-00,
Unspecified, to Sewer Capital Improvement Fund 543, Project No. 019001-00, Sewer
Minutes of City Council N-3 Page 27
TUESDAY, SEPTEMBER 12, 1989
11 T
M&C L-9911 cont.II Adjustments, I-20. On motion of Council Member Murrin, seconded by Council Member
Zapata, the recommendations were adopted.
There was presented Mayor and Council Communication No. C-11855 from the City
M&C C-11855 re Manager stating that Mr. Curtis Sparkman, owner of the property at 115 Arthur Street,
agreement with is in process of selling such property; that a current survey determined that a portion
Curtis Sparkman of the building to the rear of the lot is projecting into the alley a distance of
approximately 3'3"; that Mr. Sparkman is requesting permission to leave the building in
its current location; and recommending that the City Manager be authorized to enter
into a standard agreement with Curtis Sparkman with such agreement permitting the
continued encroachment of a building into the alley behind 115 Arthur Street. It was
j the consensus of the City Council that the recommendation be adopted.
M&C C-11856 re
approved change
order no. 1 mis-
cellaneious curb
and gutter drive-
way and pavement
base repair with
Circle C. Construc
tion Company
There was presented Mayor and Council Communication No. C-11856 from the City
Manager, as follows:
SUBJECT: CHANGE ORDER NO. 1 MISCELLANEOUS CURB AND GUTTER,
DRIVEWAY AND PAVEMENT BASE REPAIR (89-2)
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the following bond fund transfer:
FROM TO AMOUNT REASON
67-040901-00 67-053114-00 $27,818.60 To provide funds
Inner City Miscellaneous for additional
Streets Curb and Gutter, construction
Unspecified Driveway and costs.
Pavement Base
Repair (89-2)
2. Approve Change Order No. 1 in the amount of $27,818.60 and ten
(10) additional working days and authorize the City Manager to
increase City Secretary Contract No. 17088 with Circle "C"
Construction Company to $148,032.24 and 40 working days for
constructing necessary curb and gutter, driveway, and pavement
base repairs (89-2).
BACKGROUND:
On April 18, 1989 (M&C C-11595), the City Council awarded a
contract in the amount of $120,213.64 to Circle "C" Construction
Company for Miscellaneous Curb and Gutter, Driveway and Pavement
Base Repair (89-2). This was assigned City Secretary Contract No.
17088.
PROPOSED CHANGE ORDER NO. 1:
The contract with Circle "C" Construction Company did not provide
for the removal of any traffic signal detection pads nor repair of
the pavement base. There are 26 detector pads that require removal
and base repair before the follow-on contract for HMAC surface
recycling or resurfacing can be accomplished. Also, an additional
188 square yards of pavement base is to be repaired as part of this
contract. The contractor has agreed to do this additional work for
a total cost of $27,818.60 and ten (10) additional working days.
Engineering staff has reviewed this proposal and find the cost to
be fair and reasonable.
PROJECT COST AND FINANCING:
Original Contract Price: $120,213.64
Proposed Change Order No. 1: $27,818.60
Proposed Contract Cost: $148,032.24
Approval of Proposed Change Order No. 1 would result in an increase
of 23.1% to the original contract amount.
FINANCING:
Sufficient funds are available for transfer from Street Improvement
Fund 67, Project No. 040901-009 Inner City Streets Unspecified.
Upon approval and completion of Recommendation No. 1, sufficient
funds will be available in Street Improvement Fund 67, Project No.
053114-00, Curbs, Gutters, Driveways 89-2. Expenditures will be
made from Index Code 630335. Sufficient funds are available in
Street Improvement Fund 67, Project No. 095105-00, Engineering
Salaries, for administrative, engineering and inspection costs.
11 It was the consensus of the City Council that the recommendations, as contained in
M&C C-11856 adopted Mayor and Council Communication No. C-11856, be adopted.
Minutes of City Council N-3 Page 28
UC C-11857 re y
lease -with --Acme
5chool-Lof :Aetonau-
tics rInc for
Poynter space J n
the :Meacham Airpor
Fermi :naI ce
a r Z.
&C C-11858 re
ease renewal with
aurent and Bobbie
o jacquelin and
egasus Flight
enter, Inc. for
ffice space in thi
ort Worth Meacham
irport
&C C-11859 re
onsent to assig-
ment of lease froi
illiam K. Leech t,
ero Plane Shop,
nc.
&C C-11860 re
ease renewal with
ohamad A. Hamdoon
ba Country Flight
enter for office
pace at fort Wortl
eacham Airport
&C C-11861 re
tandard consent
greement permitt-
ng the installa-
ion of a privatel:
wned electrical
onduit
M&C C-11862 re
Interlocal Agree-
ment with City of
Blue Mound providing
for the resurfacing,
of Cantrell Sansom
Park from Blue
Mound Road to the
Blue Mound City
Limit
r. Gary Santerre
e M&C C-11862
29
TUESDAY, SEPTEMBER 12, 1989
There was presented Mayor and Council Communication No. C-11857 from the City
Manager stating that the Fort Worth Aviation Heritage Association has use of a portion
of the airline counter space in the lobby of the Meacham Airport Terminal Building
under City Secretary Contract No. 17065; that no rental is paid to the City by the air
show group; that air show personnel agreed, prior to occupying the space, to relinquish
their use should the City have the opportunity to lease the space for revenue producing
purposes; that the Acme School of Aeronautics, Inc., seeks to lease two counter spaces
for the purpose of dispatching its aircraft to the flight students; that the total
annual revenue is $1,875.60 with a term of lease beginning on September 1, 1989, and
ending on August 31, 1990; that the rental will be prorated for that period of time
during the month of August that the space is occupied prior to commencement of the
lease term; that the Acme representatives have agreed to allow the Fort Worth Air Show
group to display its advertising sign until after the air show and has agreed to
relinquish use of counters during the air show so that the area may be used for show
sales, volunteer check-in, etc.; and recommending that the City Manager be authorized
to enter into a new lease with Acme School of Aeronautics, Inc., for counter space in
the at Fort Worth Meacham Airport Terminal. It was the consensus of the City Council
that the recommendation be adopted.
There was presented Mayor and Council Communication No. C-11858 from the City
Manager stating that, under City Secretary Contract No. 16048 as extended by City
Secretary Contract No. 16758, Pegasus Flight Center, Inc., leases 239 square feet of
second floor office space in the Fort Worth Meacham Airport Terminal; that the lease
will expire on October 31, 1989, and the tenant seeks a renewal for one year; that the
term of the lease renewal will begin November 1, 1989, and end October 31, 1990, with a
total revenue of $1,993,26; and recommending that the City Manager be authorized to
enter into a lease renewal with Laurent and Bobbie Jo Jacquelin, as individuals, and
Pegasus Flight Center, Inc., for office space in the Fort Worth Meacham Airport
Terminal. It was the consensus of the City Council that the recommendation be adopted.
There was presented Mayor and Council Communication No. C-11859 from the City
Manager stating that William K. Leech leases 9,285.8 square feet of land at Fort Worth
Meacham Airport under City Secretary Contract No. 10723 as amended by 11779; that he
built a hangar containing approximately 4,680 square feet on the site known as Location
12-S; that the term of the lease is 25 years commencing on October 1, 1979, and ending
September 30, 2004; that, under the terms of the contract, it may not be assigned
without permission and approval by the City of Fort Worth; that Mr. Leech seeks to
assign the lease to Aero Plane Shop, Inc., of which Mr. C.J. Sury is President; that,
after transfer of all rights, title and interest from Mr. Leech to Aero Plan Shop,
Inc., all other terms and conditions of the lease will remain unchanged including
rental adjustment dates and rentals to be paid; and recommending that the City Manager
be authorized to enter into a Consent to Assignment of Lease from William K. Leech to
Aero Plane Shop, Inc. It was the consensus of the City Council that the recommendation
be adopted.
There was presented Mayor and Council Communication No. C-11860 from the City
Manager stating that Mohamad A. Hamdooni d/b/a Country Flight Center leases 127 square
feet of second floor office space in the Fort Worth Meacham Airport Terminal under City
Secretary Contract No. 16197 as extended by City Secretary Contract No. 16724; that the
contract will expire on October 31, 1989, and the tenant seeks to renew for one year;
that the lease renewal will begin November 1, 1989, and end October 31, 1990, with a
total annual revenue of $1,059.18; and recommending that the City Manager be authorized
to enter into a lease renewal with Mohamad A. Hamdooni d/b/a Country Flight Center for
office space at Fort Worth Meacham Airport. It was the consensus of the City Council
that the recommendation be adopted.
There was presented Mayor and Council Communication No. C-11861 from the City
Manager stating that the Southwestern Baptist Theological Baptist Seminary, through Mr.
Jim Counce, has made application to install a conduit in the right-of-way of Warren
Drive; that the conduit will contain three 4/0 AL wire rated at 15K VRD; that the
conduit will be owned by the Seminary; and recommending that the City Manager, or his
designee, be authorized to enter into a standard consent agreement to permit the
installation of a privately -owned electrical conduit in the 4500 Block of Warren Drive.
It was the consensus of the City Council that the recommendation be adopted.
There was presented Mayor and Council Communication No. C-11862 from the City
Manager stating that the City of Blue Mound has contracted with Tarrant County Precinct
Four Road and Bridge Division to provide labor and equipment for the resurfacing of
Cantrell Sansom Road from Blue Mound Road to the Eastern Blue Mound City Limit; that
Blue Mound is providing materials and engineering for the project and has asked that
Fort Worth reimburse Blue Mound for its proportionate share of costs for the street,
which lies adjacent to the Fort Worth City Limits; that these costs are estimated not
to exceed $3,700.00; and recommending that the City Manager be authorized to execute an
Interlocal Agreement with the City of Blue Mound providing for the resurfacing of
Cantrell Sansom Road from Blue Mound Road to the Blue Mound City Limit, utilizing
Tarrant County standards, at a cost not to exceed $3,700.00; and that a fund transfer
in the amount of $3,700.00 be authorized from 93-057901-00, Prior Year Maintenance
Funding, to 93-035474-00, Cantrell Sansom Road in Blue Mound, to provide funds for
construction.
Mr. Gary Santerre, Director of the Department of Transportation and Public
Works, appeared before the City Council and advised the City Council that Cantrell
Samson Road is the boundary street between the City of Fort Worth and the City of Blue
Minutes of City Council N-3 Page 29
TUESDAY, SEPTEMBER 12, 1989
Mr. Gary Santerre
Mound; that the street is in the City of Blue Mound but directly adjacent to the City
re M&C C-11862 cont,
of Fort Worth; and that the City of Fort Worth has a reciprocal agreement with other
jurisdictions for similar situations.
Council Member Chappell made a motion, seconded by Council Member Murrin,
that the recommendation, as contained in Mayor and Council Communication No. C-11862,
be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously.
M&C C-11863 re
There was presented Mayor and Council Communication No. C-11863 from the City
contract with the
Manager, as follows:
United States Equal
Employment Oppor-
SUBJECT: RENEWAL OF 706 CONTRACT WITH THE U.S. EQUAL EMPLOYMENT
tunity Commission
OPPORTUNITY COMMISSION FOR FISCAL YEAR 1989-90
DISCUSSION:
It is recommended that the City Council authorize the City Manager
to:
1. Apply for, accept if offered, and execute a contract with the
United States Equal Employment Opportunity Commission (EEOC) in
the amount of $90,000, for fiscal year 1989-90, for the
processing of approximately 225 charges of employment
discrimination, with a possibility of upward modification to be
awarded before the end of the 1989-90 fiscal year; and
2. Apply indirect cost rates in accordance with the City's
Administrative Regulation 3-15 (apply the 1989 rate of 4.27%
which represents the most recently approved rate for this
department).
DISCUSSION:
In January, 1977, the U.S. Equal Employment Opportunity Commission
(hereinafter referred to as "EEOC") recognized the Fort Worth Human
Relations Commission (hereinafter referred to as "HRC") as a local
deferral agency in accordance with Section 706(c) of the U.S. Equal
Employment Opportunity Act of 1972, Title VII of the Civil Rights
Act of 1964, as amended. Pursuant to this section, EEOC prior to
asserting jurisdiction over employment discrimination charges,
defers such charges for resolution to a local or state agency
having the authority to enforce a local or state fair employment
law similar to Title VII.
EEOC provides funds to HRC to assist in defraying the cost of
processing charges of employment discrimination under the City's
Fair Employment Ordinance. HRC has been receiving such funds since
September, 1976, under annual contract between the City of Fort
Worth and EEOC. The contract will be for the resolution of
approximately 225 charges of discrimination at $400.00 per charge.
Additionally, the EEOC spells out in its Worksharing Agreement the
specific requirements and procedures necessary to coordinate the
deferral of charges by the EEOC to HRC and waiver of charges by HRC
to EEOC.
Funds under the 706 contract will provide for the salaries of two
(2) full-time Human Relations Specialists at 100% (1.0), one
full-time Human Relations Specialist at 30% (.30) and one full-time
Clerk Type III at 80% (.80), as well as non -personnel costs.
Without these funds, HRC would be unable to enforce the City's Fair
Employment Ordinance and EEOC would assert jurisdiction over every
charge of employment discrimination filed against an employer
operating within the city limits of Fort Worth.
FINANCING:
No matching funds from the City will be required. Funds will be
appropriated in Grants Fund 76, in a separate Project/Work Phase
once the agreement is accepted and executed. All revenue and
expenditure transactions will be accounted for in this project.
M&C C-11863 adopted
It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. C-11863, be adopted.
M&C C-11864 re
There was presented Mayor and Council Communication No. C-11864 from the City
approved change
Manager, as follows:
order no. 4
Alliance Airport
SUBJECT: CHANGE ORDER NO. 4 ALLIANCE AIRPORT/KELLER-HASLET ROAD
Keller -Haslet Road
AND HERITAGE PARKWAY
and Heritage Park-
way
RECOMMENDATION:
It is recommended that the City Council:
Minutes of City Council N-3 Page 30
TUESDAY, SEPTEMBER 12, 1989
M&C C-11864 cont. 1 1. Approve the following bond fund transfer:
M&C C-11864 adopte
M&C C-11865 re
Heritage Parkway
Change Order No.
2 with APAC Texas,
Inc. for construc-
tion of an outfall
storm drain to
serve Heritage
Parkway
FROM TO AMOUNT REASON
90-136901-00 90-136061-00 $1,069.82 To provide addi-
New Development Keller -Haslet tional funds for
Unspecified Road construction.
2. Approve Change Order No. 4 in the amount of $5,558.32 and
authorize the City Manager to increase City Secretary Contract
No. 16916 with Orval Hall Excavating & Concho Construction
Joint Venture to $4,025,471.36 and 244 calendar days to
construct Keller -Haslet Road and Heritage Parkway at Alliance
Airport, with such approval to be effective upon receipt of
$4,488.50 from the Perot Group.
DISCUSSION:
On January 17, 1989 (M&C C-11417), the City Council awarded a
contract in the amount of $3,985,530.79 to Orval Hall Excavating &
Concho Construction Joint Venture to construct portions of
Keller -Haslet Road and Heritage Parkway at Alliance Airport. This
project was assigned City Secretary Contract No. 16916 and the
contract amount has been subsequently increased to $4,019,913.04 by
approval of Change Orders 1 through 3.
PROPOSED CHANGE ORDER NO. 4:
The present plans for Keller -Haslet Road provide for transitioning
from a 30' wide street to the present unimproved road section at
the box culvert over Buffalo Creek. The Perot Group is planning a
temporary improvement on Keller -Haslet Road to the west side of
the airport and desires to eliminate the transitioning section and
complete this area to the full 30' width. This will require
additional excavation, lime stabilization, a 4" HMAC base course
with a 2" HMAC surface course. The contractor has agreed to do this
additional temporary work for a total cost of $4,488.50, with the
Perot Group agreeing to finance all the additional cost.
It is further proposed that the southbound exit ramp off I -35W be
constructed with a 4" HMAC base course instead of the flexible base
as included in the original plans. This will provide a more stable
pavement for the heavy traffic this off ramp will receive. The
contractor has agreed to this change for a total increase in cost
of $1,069.82, which is City cost.
Engineering staff has reviewed these proposals and find them fair
and reasonable.
PROJECT COST AND FINANCING:
Original Contract Price: $3,985,530.79
Approved Change Orders No. 1 through 3: 34,382.25
Proposed Change Order No. 4: 5,558.32
Proposed Contract Cost: 4,025,471.36
Approval of proposed Change Order No. 4 and previously approved
change orders would result in a 1.00% increase in the original
contract amount.
FINANCING:
Sufficient funds are available for transfer from New Development
Fund 90, Project No. 136901, New Development Unspecified. Upon
approval and completion of Recommendation No. 1 and receipt of
$4,488.50 from the Perot Group, sufficient funds will be available
in New Development Fund 90, Project No. 136061-00, Keller -Haslet
Road. Expenditures will be made from Index Code 621458. Sufficient
funds are available in New Development Fund 90, Project No.
095105-00, Engineering Salaries, for administrative, engineering
and inspection costs.
It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. C-11864, be adopted.
There was presented Mayor and Council Communication No. C-11865 from the City
Manager, as follows:
SUBJECT: HERITAGE PARKWAY - CHANGE ORDER NO. 2
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager
to execute Change Order No. 2 to City Secretary Contract.No. 17090
Minutes of City Council N-3 Page 31
M&C C-11865 cont.
M&C C-11866 re
agreement with Cit
Resource Group to
conduct a compre-
hensive sales tax
audit
M&C C-11867 re
consent to lease
assignment from
TAB Financial, Inc,
to Texas Jet, Inc.
at Fort Worth
Meacham Airport
TUESDAY, SEPTEMBER 12, 1989
to reflect the award of Additive No. 4 for the construction of an
outfall storm drain to serve Heritage Parkway in the amount of
$339,144.50 increasing the contract amount to $3,043,508.59, but
making no change to working days.
BACKGROUND:
On May 9, 1989 (M&C C-11630), the City Council awarded a contract
for the construction of Heritage Parkway from Henrietta Creek to
Alliance Boulevard to APAC Texas, Inc. in the amount of
$2,815,881.49 which included Additives No. 3 and No. 5. Part of the
terms of that award provided that the low bidder extend his bid of
$339,144.50 for Additive No. 4 which provided for an outfall storm
drain for a period of ninety (90) days. The low bidder has
subsequently extended that date at the City's request to September
19, 1989. The purpose of the extension was to allow clarification
of development plans related to the proposed American Airlines
maintenance facility. On August 8, 1989 (M&C C-11799), the City
Council approved a Community Facilities Agreement providing for the
extension of Heritage Parkway from Alliance Boulevard to Eagle
Parkway including associated storm drainage systems and for the
appropriation of Certificates of Obligation up to an aggregate
amount of $7.7 million. Additive No. 4 falls within the area
covered by the Community Facilities Agreement and it is necessary
to complete this work prior to Heritage Parkway Street
construction. Administratively, this work will be handled as Change
Order No. 2 to the current contract.
PROJECT COST:
Original Contract Amount $2,815,881.49
Previously Approved Change Order No. 1 (111,517.40)
Proposed Change Order No. 2 339,144.50
Proposed Contract Amount 3,043,508.59
Approval of this proposed change order plus previously approved
Change Order No. 1 would result in a 8% increase in the original
contract amount.
FINANCING:
Sufficient funds are available in Alliance Airport Fund 49, Project
No. 136114-00, Heritage Parkway Street and Storm Drain, to finance
this expenditure.
On motion of Council Member Garrison, seconded by Council Member Chappell, the
recommendation, as contained in Mayor and Council Communication No. C-11865, was
adopted.
There was presented Mayor and Council Communication No. C-11866 from the City
Manager stating that sales tax is allocated to the City on the basis of physical
location within City boundaries; that merchants remit directly to the state and
identify to which City the tax should be paid; that, under state law, if taxpayers are
determined to be paying sales tax incorrectly to another City, the State will
reallocate back sales tax to correct recipient going back up to four years; that the
City Resource Group has offered a proposal to conduct a comprehensive, street -by -street
field investigation to identify businesses in Fort Worth and match field information
with sales tax allocation records; that the CRG is compensated on a contingency basis;
that the fee will be an amount equal to 25 percent of back taxes reallocated to the
City; and recommending that the City Manager be authorized to execute an agreement with
City Resource Group to conduct a comprehensive sales tax audit. On motion of Council
Member Murrin, seconded by Council Member Chappell, the recommendation was adopted.
There was presented Mayor and Council Communication No. C-11867 from the City
Manager, as follows:
SUBJECT: REQUEST FOR CONSENT TO LEASE AGREEMENT - TAB FINANCIAL,
INC. TO TEXAS JET, INC. - FORT WORTH MEACHAM AIRPORT
RECOMMENDATION:
It is recommended that City Council authorize the City Manager to
execute a Consent to Lease Assignment from TAB Financial, Inc., to
Texas Jet, Inc., under the terms outlined below.
DISCUSSION:
In 1958, the City of Fort Worth leased to Panther City Investment
Company a 1.8 acre tract on land on Meacham Airport. On the site,
the firm built a hangar with offices containing a total of
approximately 13,400 square feet. Term of the lease, City
Secretary Contract No. 3809, was for "a period of twenty-six years,
Minutes of City Council N-3 Page 32
�1.
TUESDAY, SEPTEMBER 12, 1989
M&C C-11867 cont.
or such longer term, if any, as may be necessary to permit the
amortization of the cost of all improvements to the leased
premises...0
The following supplements and amendments have been made to the
lease:
City Secretary Contract No. 3809 - Supplement Agreement -
September 14, 1959
Reestablish the term of the lease at twenty-six years, to
begin October 1, 1958 and ending September 30, 1984. Cost
of the construction was established at $67,538.22.
Instrument dated November 10, 1967.
Panther City Investment Company assigned the lease to Perry
R. Bass, Inc.
Instrument dated June 3, 1970
Perry R. Bass, Inc., assigned the lease to The Fort Worth
National Company of Texas.
City Secretary Contract No. 10048 (the current, lease to be
assigned) - Dated October 9, 1978
This contract contains the following provisions; as well as
the regular lease terms:
1. Acknowledged that, on June 30, 1977, Fort Worth
National Company of Texas had merged into TAB
Services, Inc.; and
2. TAB Services, Inc., sought and received the City's
permission to:
A. Enlarge, enclose, and remodel the hangar at a cost
of approximately $100,00;
B. Extend the term for an additional twenty years to
expire on September 30, 2004; and
C. Cancel City Secretary Contract No. 3809, as
supplemented, and enter into a new lease agreement
with a term beginning on October 1, 1978 and
ending September 30, 2004.
City Secretary Contract No. 12862 - Dated January 12, 1983
TAB Services, Inc. sought and received the City's
permission to sublease a portion of its leased premises to
Staci's Jet Center, Inc., for a period of four years
commencing October 1, 1982 and ending September 30, 1986.
The sublease granted Staci's Jet an option to renew the
lease for an additional three years, or through September
30, 1989. The status of the sublease is not known to City
staff, and the possibility of its existence is stated only
for informational purposes.
With the above chronology outlined, TAB Services, Inc. (now known
as TAB Financial, Inc.), seeks to assign its leasehold rights and
obligations to Texas Jet, Inc. Texas Jet will accept and assume
all rights and obligations including the payment of rentals, as set
out in the agreement with TAB Services, Inc.
Currently, the rental rate is $.166 per square foot per year for
annual revenue of $12,965.43. The next adjustment date is October
1, 1989.
Texas Jet, Inc., has fulfilled all of its obligations under its
other direct and assigned contracts with the City of Fort Worth.
Therefore, Texas Jet, Inc., is considered acceptable as an assignee
of the TAB Services, Inc., leasehold.
When contacted by telephone on September, 1989, the Aviation
Advisory Board voted to recommend City Council approval of the
lease assignment.
City Attorney Adkins advised the City Council that any items in which any
member of the City Council might have held any interest in the former Texas American
Bank now are held by the Texas American Bridge Bank which is a totally separate entity
from TAB Financial, Inc., and that Council Members will not have a conflict of interest
in voting on Mayor and Council Communication No. C-11867.
Minutes of City Council N-3 Page 33
M&C C-11868 re
agreement with
Teague Nall and
Perkins to design
plans and specifi-
cations for the
water and/or sewer
replacements
M&C C-11869 re
agreement with
Freese and Nichols
Inc. for plans and
specificatiions
for the water and/
or sanitary sewer
replacements
M&C C-11870 re
Alliance Airport
Phase II Change
Order No. 14 with
T L. James and
Company for a
runway extension
TUESDAY, SEPTEMBER 12, 1989
Council Member Chappell made a motion, seconded by Council Member Webber,
that the recommendations, as contained in Mayor and Council Communication No. C-11867,
be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously.
There was presented Mayor and Council Communication No. C-11868 from the City
Manager stating that the Transportation and Public Works Department selected Teague
Nall and Perkins to design the reconstruction of Mississippi Avenue and Morphy Street;
that it is necessary to replace the existing water main and to analyze the existing
sewer mains under the proposed reconstruction of the street; that, in order for this
project to be advertised with the street reconstruction project, the Water Department
is requesting that Teague Nall and Perkins be authorized to provide plans and
specifications for Water and/or Sanitary Sewer Replacements in Mississippi Avenue from
Allen Avenue to Glen Garden Drive and Morphy Street from New York Avenue to Hillside
Park; that Teague Nall and Perkins has proposed to design this project for a fee not to
exceed $31,150.00; and recommending that the City Manager be authorized to execute a
contract with Teague Nall and Perkins to design plans and specifications for the Water
and/or Sewer Replacements in Mississippi Avenue and Morphy Street for a total fee not
to exceed $31,150.00; that a bond fund transfer in the amount of $16,000.00 be
authorized from Special Assessment Fund 94, Project No. 009905-00, Special Assessment
Unspecified, to Street Improvements Fund 67, Project No. 019013-00, Water Replacement
Mississippi Avenue and Morphy Street; and that a fund transfer in the amount of
$18,000.00 be authorized from Water and Sewer Operating Fund 45, Account No. 70-90-20,
to Sewer Capital Improvement Fund 58, Project No 022013-00, Sewer Replacement
Mississippi Avenue and Morphy Street. It was the consensus of the City Council that
the recommendations be adopted.
There was presented Mayor and Council Communication No. C-11869 from the City
Manager stating that the Transportation and Public Works Department selected Freese and
Nichols, Inc., to design the reconstruction of Crestline Road; that it is necessary to
replace the existing water main and to analyze the existing sewer mains under the
proposed reconstruction of the street; that, in order for the water and sewer project
to be advertised with the street reconstruction project, the Water Department is
requesting that Freese and Nichols, Inc., provide plans and specifications for Water
and/or Sanitary Sewer Replacements in Crestline Road from Merrick to Camp Bowie
Boulevard; that Freese and Nichols, Inc., has proposed to design this project for a fee
not to exceed $54,523.00; and recommending that the City Manager be authorized to
execute an engineering agreement with Freese and Nichols, Inc., for plans and
specifications for the Water and/or Sanitary Sewer Replacements in Crestline Road for a
total fee not to exceed $54,523.00; that a bond fund transfer in the amount of
$52,000.00 be authorized from Special Assessment Fund 94, Project No. 009905-00,
Special Assessment Unspecified, to Street Improvements Fund 67, Project No. 019011-00,
Water Replacement Crestline Road; and that a fund transfer in the amount of $6,000.00
be authorized from Water and Sewer Operating Fund 45, Account No. 70-90-20, to Sewer
Capital Improvement Fund 58, Project No 022011-00, Sewer Replacement Crestline Road.
It was the consensus of the City Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. C-11870 from the City
Manager, as follows:
SUBJECT: ALLIANCE AIRPORT PHASE II - CHANGE ORDER NO. 14 WITH T.
L. JAMES AND COMPANY
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager
to execute Change Order No. 14 in the amount of $1,941,899.19
providing for a runway extension of 1,100 feet at Alliance Airport.
DISCUSSION:
On October 25, 1988 (M&C C-11265), the City Council awarded a
construction contract to T.L. James & Company for paving, lighting,
and drainage improvements at Alliance Airport in the amount of
$19,820,408.70. This contract has subsequently been amended by
Change Orders 1 through 13 so that it currently stands at
$21,459,494.39.
PROPOSED CHANGE ORDER NO. 14:
Almost from the very beginning of construction, there has been a
general recognition on the part of both the F.A.A. and the City
that the runway needed to be extended in order to handle the larger
and heavier aircraft proposed for Alliance Airport. Early in the
construction process, F.A.A. approved a 300 ft. extension in order
to allow an additional runway extension at a later date without
shutting down air operations completely. Although the Change Order
for the work has not yet been executed by the contractor due to
uncertainty regarding lighting fixture quantities, the financial
impact of that extension is expected to be less than $60,000 due to
the deletion of a cross taxiway. The cost of that extension was
funded in a recent grant offer by F.A.A. In that same grant offer,
the F.A.A. has authorized, but not fully funded, an additional
extension of 1,100 feet. As the original paving operations are
Minutes of City Council N-3 Page 34
TUESDAY, SEPTEMBER 12, 1989
M&C C-11870 cont. clImplete and the extension contains numerous lighting fixtures, the
— contractor is claiming adverse impact for the additional work. The
C ty has negotiated a change order estimated in the amount of
$',941.899.19 for the additional work which it believes to be fair
t all parties.
P OJECT COST:
Original Contract Amount: $19,820,408.70
Approved Change Orders No. 1 through 13: 1,639,085.69
Proposed Change Order No. 14: 1,941,899.19
Proposed Contract Amount: 23,401,393.58
A' proval of proposed Change Order No. 14 and other previously
approved change orders will result in an 18.1% increase to the
Original contract.
FINANCING:
SUf� t funds are or will be available to pay the contractor
under the grant agreements that have been executed by the City of
Fbrt Worth and the F.A.A. Such funds will become available after
October 1, 1989. The existing grants that have been accepted by
the City will be amended under the discretionary authority of the
Regional Administrator. This funding commitment is validated by
correspondence dated September 5, 1989. Expenditures will be made
from Index Code 400481.
On mot ion 1of Council Member Chappell, seconded by Council Member Garrison, the
recommenda�ion, as contained in Mayor and Council Communication No. C-11870, was
adopted.
Il� appearing to the City Council that on July 11, 1989, at its regular
meeting, the City Council continued the hearing in connection with the application of
the Perot broup for a change in zoning of property located east and west of I.H. 35W
north of Alliance Airport from "Unzoned" to "A -R" Residential, "I" and "J" Light
Industrial' Iand "K" Heavy Industrial, Zoning Docket No. Z-89-44 relative to the pending
annexation which comes up for second and final reading on today, Mayor Bolen asked if
there was �nyone present desiring to be heard. There was no one present desiring to be
heard.
It appearing to the City Council that Resolution No. 1458 was adopted by the
City Council of the City of Fort Worth, Texas, on August 22, 1989, setting today as the
date for hearing in connection with recommended changes and amendments to Zoning
Ordinance No. 3011 and that due notice of the hearing has been given by publication in
the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, on
August 25, F989, Mayor Bolen asked if there was anyone present desiring to be heard.
Council Member Zapata made a motion, seconded by Council Member Murrin, that
the hearing in connection with the application of LaFarge Corporation for a change in
zoning of property located at 3900 Angle Avenue from "AG" Agricultural to "J" Light
Industrial ,11Zoning Docket No. Z-89-73, be continued for two weeks. When the motion was
put to a vote by the Mayor, it prevailed unanimously.
Council Member Murrin made a motion, seconded by Council Member Chappell,
that the hearing in connection with the application of Mistletoe Hill Development
Company fq a change in zoning of property located in the 400 through 500 Blocks of
West Rendon Crowley Road from "AG" Agricultural to "A" One -Family, "C" Multi -Family,
"E -R" Restricted Commercial, "O -M" Office Midrise, and "E" and "F" Commercial, Zoning
Docket No. j-89-75, be continued until the next regularly scheduled City Council Zoning
Hearing oni3October 10, 1989. When the motion was put to a vote by the Mayor, it
prevailed unanimously.
I�
There being no one else present desiring to be heard in connection with
recommended!! changes and amendment to Zoning Ordinance No. 3011, Council Member Murrin
made a motion, seconded by Council Member Chappell, that the hearing be closed and that
application for changes in zoning be approved, as follows:
Z-89-44 Z-89-44 THE PEROT GROUP, by H. Dennis Ho ki ns
East and West of I.H. #35W North of Alliance Airport
"Unzoned" to "A -R" Residential, "I" and "J" Light
Industrial and "K" Heavy Industrial
Z-82-54 Z-89-54 SECURITY BANKERS INVESTMENT COMPANY, by Richard E. Glover
3821, 3825, and 3829 Alamo Street
"E -R" Restricted Commercial to "E" Commercial
Z-89-56 Z189-56 LARRY and TERESA SEWELL
1409 Harrington Avenue
Minutes of City Council N-3 Page 35
TUESDAY, SEPTEMBER 12, 1989
"B" Two -Family to "B" Two-Family/"HC" Historic and
Cultural Subdistrict
Z-89-61 11 Z-89-61 JANET ELLEN NAPORA
1816 Thomas Place
"B" Two -Family to "B" Two-Family/"HC" Historic and
Cultural Subdistrict
Z-89-71 Z-89-71 ELIZABETH S. SMITH
2257 College Avenue
"E" Commercial to "B" Two -Family
Z-89-72 B and A PARTNERSHIP, c/o Crowley Lumber Company
Z-89-72
9429 Crowley Road
"F -R" Restricted Commercial to "I" Light Industrial
When the motion was put to a vote by the Mayor, it prevailed unanimously.
Introduced an Council Member Murrin introduced an ordinance and made a motion that it be
Ordinance adopted. The motion was seconded by Council Member Chappell. The motion, carrying
with it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Murrin, Webber, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10387
10387
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE, ORDINANCE NO. 3011, AS AMENDED, SAME
BEING AN ORDINANCE REGULATING AND RESTRICTING
THE LOCATION AND USE OF BUILDINGS, STRUCTURES,
AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR
OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES
AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE
SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET
PARKING AND LOADING, AND THE DENSITY OF
POPULATION, AND FOR SUCH PURPOSES DIVIDING THE
MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER,
SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO
CARRY OUT THESE REGULATIONS AND SHOWING SUCH
DISTRICTS AND THE BOUNDARIES THEREOF UPON
"DISTRICT MAPS"; PROVIDING FOR INTERPRETATION,
PURPOSE AND CONFLICT; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENAL CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING FOR PUBLICATION AND
NAMING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 6.
That any person, firm or corporation who violates,
disobeys, omits, neglects or refuses to comply with or who resists
the enforcement of any of the provisions of this ordinance shall be
fined not more than One Thousand Dollars ($1,000.00) for each
offense. Each day that a violation is permitted to exist shall
constitute a separate offense. _
Mr. Dennis Hopkins Mr. Dennis Hopkins, representing Mr. D.I. Nazar, Inc., applicant for a change
re Z-89-67 in zoning of property located in the approximate 6700 Block of Camp Bowie Boulevard
from "E" Commercial to "F" Commercial, Zoning Docket No. Z-89-67, appeared before the
City Council and requested that the Council set a special hearing on Zoning Docket
No. Z-89-67.
Minutes of City Council N-3 Page 36
TUESDAY, SEPTEMBER 12, 1989
Mrs. Anne Smith Mrs. Anne Smith, 6116 Ridgeway, President of the Westside Neighborhood
re Z-89-67
Association, appeared before the City Council and expressed opposition to the
application of D.I. Nazar, Inc., for a change in zoning of property located in the
approximate 6700 Block of Camp Bowie Boulevard from "E" Commercial to "F" Commercial,
Zoning Docket No. Z-89-67. Mrs. Smith submitted a petition in opposition to Zoning
Docket No. Z-89-67.
Mr. Walter E. Mr. Walter E. Satterfield, 6717 Hanover Road; Mrs. Georgia B. Johnson, 6712
Satterfield re Hanover Road; Mr. Ralph Leith, 6713 Hanover Road; and Mr. Marvin Tinsley, 6740 Hanover
Z-89-67 Road, appeared before the City Council and expressed opposition to the application of
D.I. Nazar, Inc., for a change in zoning of property located at in the approximate 6700
Block of Camp Bowie Boulevard from "E" Commercial to "F" Commercial, Zoning Docket
No. Z-89-67.
Council Member Garrison made a motion, seconded by Council Member Zapata,
that a special hearing be set for October 3, 1989, on the application of D.I. Nazar,
Inc., for a change in zoning of property located in the approximate 6700 Block of Camp
Bowie Boulevard from "E" Commercial to "F" Commercial, Zoning Docket No. Z-89-67. When
the motion was put to a vote by the Mayor, it prevailed unanimously.
Mayor Pro tempore Gilley made a motion, seconded by Council Member Murrin,
that the recommendations of the City Zoning Commission recommending denial of Zoning
Docket Nos. Z-89-46 and Z-89-74 be upheld. When the motion was put to a vote by the
Mayor, it prevailed unanimously.
It appearing to the City Council that on September 5, 1989, the City Council
continued the hearing in connection with the proposed budget for the 1989-90 fiscal
year until the regularly scheduled City Council meeting to give every interested person
or citizen opportunity to be heard, Mayor Bolen asked if there was anyone present
desiring to be heard.
Mr. J. Mitchell
Mr. J. Mitchell Johnson, 1804 Western, and Ms. Jann Miles, 901 South
Johnson
Jennings, appeared before the City Council regarding budget funds allocated for public
re
Tax revenues
access broadcasting on the cable system.
Assistant City Manager Ruth Ann McKinney appeared before the City Council
regarding the public access modum on cable television.
Ms. Jann Miles
Ms. Miles advised the City Council that, in her opinion, funds allocated to
re tax revenues
the cable television project are being used for something other than public access
programming. Mayor Bolen advised Ms. Miles the situation would be looked into.
There being no one present desiring to be heard in connection with the
proposed budget for the 1989-90 fiscal year, it was the consensus of the City Council
that the hearing be continued until the next regularly scheduled City Council meeting
to give every interested person or citizen opportunity to be heard.
Attention of the City Council was called to the public hearing on the
proposed increase in property tax revenues and City Attorney Adkins advised the City
Council that the adoption of a resolution will be necessary.
Council Member Garrison introduced a resolution and made a motion that it be
Introduced a
adopted. The motion was seconded by Council Member Murrin. The motion, carrying with
Resolution
it the adoption of said resolution, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Murrin, Webber, and Chappell
NOES: None
ABSENT: None
The resolution, as adopted, is as follows:
RESOLUTION N0. 1466
Resolution No.
1466 WHEREAS, on September 12, 1989, the City Council of the
City of Fort Worth, Texas, conducted a public hearing on a proposal
to increase total tax revenues from properties on the tax roll in
1988 by not greater than 4.69 percent;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
1. That a public meeting to vote on the tax rate for the tax year
1989 will be held by the City Council of the City of Fort
Worth on September 19, 1989, at 10:00 A.M. in the City Council
Chambers of the Fort Worth Municipal Building, 1000
Throckmorton, Fort Worth, Texas.
2. That the City Secretary shall publish notice of such public
hearing in accordance with Section 26.06(d) of the Tax Code of
the State of Texas.
Minutes of City Council N-3 Page 37
TUESDAY, SEPTEMBER 12, 1989
Mr. Carlos Puente Mr. Carlos Puente, President of the North Side Neighborhood Association,
re curfew for appeared before the City Council and advised the City Council that the North Side
youths and string Neighborhood Association is concerned about killings taking place in and near bars and
ent bar zoning clubs which serve beer and alcohol and expressed support for a more stringent bar
ordinance zoning ordinance and requested that a curfew be instituted for youth 17 years old or
i younger. Mr. Puente was advised by Mayor Bolen that the matter of the curfew will be
investigated.
Mayor Pro tempore Gilley requested that the matter of the creation of a City
Council committee to investigate a bar zoning ordinance be listed on the agenda for
consideration on September 19, 1989.
Mr. Billy Winston Mr. Billy Winston, CEO of We The People Organization, appeared before the
re rehabilitate City Council and stated that, in his opinion, drug dealers should be encouraged to
drug dealers invest their money as a means of getting out of the drug traffic.
It was the consensus of the City Council that City Council meet in closed or
Met in closed or executive session for the following purpose:
executive session
1. To seek the advice of its attorney with respect to the
following pending or contemplated litigation, on matters which
are protected from disclosure by the Code of Professional
Responsibility of the State of Texas, Canon 4, as authorized
by Section 2(e), Article 6252-17, V.A.C.S.
a) litigation between City of Fort Worth and Tarrant County
concerning the contract for jail services; and
b) proposed amendments to the Retirement Ordinance.
2. To discuss the lease of the City's real property in connection
with the following agreements:
a) City Secretary Contract No. 10117 with Linville & Smith
Enterprises, Inc.;
b) Proposed contract with Pinnacle Aviation;
as authorized by Section 2(f), Article 6252-17, V.A.C.S. The
public discussion of these items would have a detrimental
effect on the negotiating position of the City as between the
City and a third person, firm or corporation.
Reconvened into The City Council reconvened into regular session with eight members present
regular session and Council Member Zapata absent.
M&C G-8182 re There was presented Mayor and Council Communication No. G-8182, dated
payment by the August 28, 1989, from the City Manager recommending, in part, that an ordinance be
Retirement Fund o adopted (Section II) which amends the City Retirement Ordinance to provide for payment
cost of retirees' by the Retirement Fund of the cost of the retirees' health insurance, Section I having
health insurance been approved on August 29, 1989. Mayor Pro tempore Gilley made a motion, seconded by
Council Member Murrin, that the recommendation be adopted. When the motion was put to
a vote by the Mayor, it prevailed unanimously.
Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
Ordinance adopted. The motion was seconded by Council Member Murrin. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison,
Granger, McCray, Murrin, Webber, and Chappell
NOES: None
ABSENT: Council Member Zapata
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10385
10385
AN ORDINANCE AMENDING ORDINANCE NOS. 2999,
4060, 4250, 4304, 4354, 4430, 4860, 4861, 4873,
4875, 5226, 5259, 6393, 6556, 7056, 7317, 7875,
8674, 8843, 9247, 9532, 10081 AND 10291,
CODIFIED AS CHAPTER 2, ARTICLE VI, DIVISION 1,
ENTITLED "EMPLOYEES' RETIREMENT FUND", OF THE
CODE OF THE CITY OF FORT WORTH (1986), AS
AMENDED, WHICH ORDINANCES ESTABLISH AND PROVIDE
FOR A RETIREMENT SYSTEM, RETIREMENT PLAN AND
BENEFITS THEREUNDER FOR EMPLOYEES OF THE CITY
OF FORT WORTH; PROVIDING FOR LIMITED PAYMENT OF
RETIREE HEALTH INSURANCE; MAKING THIS ORDINANCE
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
Minutes of City Council N-3 Page 38
Ordinance No.
10385 cont.
M&C G-8211 re
Retirement amend-
ment
Adjourned
TUESDAY, SEPTEMBER 12, 1989
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS;
SECTION VII.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and
after the date of its adoption and it is so ordained.
There was presented Mayor and Council Communication No. G-8211 from the City
Manager recommending that the City Council adopt an amendment to the City Retirement
Ordinance which amends Section V of the ordinance by reducing the City's contribution
to the Retirement Fund from the present 11.50 percent of members' salaries to 9.00
percent of the 1989-90 fiscal year and then reinstates the 11.50 percent for the
1990-91 and all future years. Mayor Pro tempore Gilley made a motion, seconded by
Council Member Granger, that the recommendation be adopted. When the motion was put to
a vote by the Mayor, it prevailed unanimously.
Council Member Chappell requested that the matter of the future funding for
retirees' health insurance begin to be addressed in October 1989.
There being no further business, the
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14 CITY SECRETARY
Minutes of City Council N-3 Page 39