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HomeMy WebLinkAbout1989/09/19-Minutes-City CouncilCouncil Met Members Present Invocation Pledge of Allegiance Minutes of Septem- ber eptember 12, 1989 approved Proclamation - Constitution Week Proclamation - Sister Cities Week' Mr. Bill Bray - Indonesia Research Committee Presentation to the Fort Worth Sister Cities Handicap Exchange of Trier Proclamation - Minority Enterprise Development Week Withdrew M&C P- 3706 and correction on M&C C-11877 II CITY COUNCIL MEETING SEPTEMBER 19, 1989 On the 19th day of September, A.D., 1989, the City Council of the City of Fort Worth, Texas, met in regular session, with the following members and officers present, to -wit: 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: The invocation was given by The Reverend Buddy Stegman, Pastor, Eastern Hills United Methodist Church. The Pledge of Allegiance was recited. On motion of Mayor Pro tempore Gilley, seconded by Council Member Murrin, the minutes of the meeting of September 12, 1989, were approved. A proclamation for Constitution Week was presented to Daughters of the American Revolution, Mrs. Terri Koehler, Mrs. Midgie Searcey, and Mrs. Peggy Vestel. A proclamation for Sister Cities Week was presented to Mrs. Mary Palko. Mr. Bill Bray, Chairperson of Bandung, Indonesia Research Committee to become a Sister City, appeared before the City Council and introduced the Indonesian Sister City Delegation. Mayor Pro tempore Gilley made a presentation to the Fort Worth Sister Cities Handicap Exchange of Trier, West Germany. A proclamation for Minority Enterprise Development Week was presented to Mrs. Melba Cabrera and Keith Ashby. City Manager Harman requested that Mayor and Council Communication No. P-3706 and tax adjustments in the amount of $599.26 be withdrawn from the agenda, and advised City Council of correction on Mayor and Council Communication No. C-11877. Minutes of City Council N-3 Page 39 Consent agenda approved Nominated Deverle "Hoot" Brannon, Joseph Lerma, Elaine Thieroff yin the Private In- dustry Council I Nominated Ms. Pats, Thomas on the Library Advisory Board TUESDAY, SEPTEMBER 19, 1989 On motion of Council Member Murrin, seconded by Mayor Pro tempore Gilley, the consent agenda was approved. Mayor Bolen nominated Deverle "Hoot" Brannon, Joseph Lerma, and Elaine Thieroff for membership on the Private Industry Council and made a motion, seconded by Council Member Zapata, that Deverle "Hoot" Brannon be appointed to Seat 1, representing the Fort Worth Chamber of Commerce; Joseph Lerma be appointed to Seat 15, representing Fort Worth State School; and Elaine Thieroff be reappointed to Seat 23, representing Texas Department of Human Services on the Private Industry Council for a term of office expiring October 1, 1991 and, when the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Chappell nominated Ms. Patsy Thomas for membership on the Library Advisory Board and made a motion, seconded by Council Member Garrison, that Ms. Patsy Thomas be appointed to Place No. 9 on the Library Advisory Board, with a term of office expiring October 1, 1991. When the motion was put to a vote by the Mayor, it prevailed unanimously. Policy Proposal No There was presented Policy Proposal No. CP -141, Endorsement of Community Arts CP -141 re Endorse - Program, submitted by Council MembersWebber, McCray, Granger, and Chappell, proposing ment of Community that City contributions to the Performing Arts Grant Program be achieved by budgeting Arts 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 Webber made a motion, seconded by Council Member Murrin, that Policy Proposal No. CP -141 be continued for two weeks and, when the motion was put to a vote by the Mayor, it prevailed unanimously. Policy Proposal No. CP -143 re City of Fort Worth Membership in the Film Commission of North Texas Council Proposal No. CP -144 cont. for one week Budget for Tarrant', County 9-1-1 Emer- gency Assistance District approved OCS-10 Cancellation of Liability Bonds' or the acceptance OCS-10 adopted OCS-11 Claims There was presented Policy Proposal No. CP -143, City of Fort Worth Membership in the Film Commission of North Texas, as proposed by Council Member Steve Murrin and Mayor Bob Bolen, stating that the Film Commission of North Texas is a regional agency formed by consortium of cities, Chambers of Commerce, and Convention and Visitors Bureaus to market this area's uniqueness as a motion picture and television production location; that, since beginning operation in May 1987, 21 major feature films, T.V. movies, and series has spent over $35,000,000.00 shooting on location in this area; and recommending that the City of Fort Worth enter into a one-year agreement with the Film Commission of North Texas and remit annual dues in the amount of $25,000.00. On motion of Council Member Murrin, seconded by Mayor Pro tempore Gilley, the recommendation was adopted. Council Member Zapata made a motion, seconded by Mayor Pro tempore Gilley, that consideration of Council Proposal No. CP -144, Appointment of Acting City Manager, be continued for one week and, when the motion was put to a vote by the Mayor, it prevailed unanimously. On motion of Council Member Garrison, seconded by Mayor Pro tempore Gilley, the budget for Tarrant County 9-1-1 Emergency Assistance District for Fiscal Year 1989-90 was approved. There was presented Mayor and Council Communication No. OCS-10 from the Office of the City Secretary recommending that the City Council authorize the acceptance or cancellation of liability bonds, as follows: NEW BONDS CONTRACTOR'S BONDS Larry H. Jackson Construction, Inc. Component Construction Corporation CEMENT BOND Johnny Neidholt Concrete ITINERANT VENDORS BONDS INSURANCE COMPANY Safeco Insurance Company of America Transamerica Insurance Company State Farm Fire and Casualty Insurance Company Scott Graves American States Company Hai -Tex Insurance Agency, Inc. Western Surety CANCELLATIONS CONTRACTOR'S BOND Insurance Company CANCELLATION DATE INSURANCE COMPANY The Yerkey Company 9/17/89 The Hartford Fire In - #50736052 surance Company It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. OCS-11 from the Office of the City Secretary recommending that notices of claims regarding alleged damages and/or injuries be referred to the Risk Management Department, as follows: Minutes of City Council N-3 Page 40 TUESDAY, SEPTEMBER 19, 1989 ill Bradley Donovan 1. Claimant: Bill Bradley Donovan and Patrick .nd Patric Stephen Stephen Donovan lonovan Date Received: September 13, 1989 Date of Incident: July 29, 1989 Attorney: Norman H. Ewert Location of Incident: 9600 Block LBJ Freeway, Dallas Estimate of Damages/ Injuries: Undeclared Nature of Incident. Claimants allege damages and injuries as the result of an accident caused by City employee (police) illegally parking vehicle. lenda Braun 2. Claimant: Glenda Braun Date Received: September 11, 1989 Date of Incident: July 29, 1989 Attorney: Windle Turley, P.C. (Edward H. Moore) Location of Incident: Eastbound LBJ between Skillman and Abrams in Dallas, Texas Estimate of Damages/ Injuries: $6,000,000.00 Nature of Incident: Claimant alleges damages as the result of the wrongful death of Howard Glenn Elliott, Jr. caused by City -owned vehicle being parked in traffic lane. pril D. Lynch 3. Claimant: April D. Lynch Date Received: September 11, 1989 Date of Incident: July 29, 1989 Attorney: Stradley, Schmidt & Wright (Edwin E. Wright, III) Location of Incident: 9600 Block of LBJ Freeway in Dallas County, Texas Estimate of Damages/ Injuries: $7,500,000.00 at least Nature of Incident: Claimant alleges damages and injuries as the result of an accident. honda Upshaw 4. Claimant: Rhonda Upshaw Date Received: September 13 1989 Date of Incident: August 28, 1989 Attorney: Ball, Landrith & Kulesz, P.C. (Kris L. Landrith) Location of Incident: 1900 Beach on I-30 Estimate of Damages/ Injuries: $8,500.00 Nature of Incident: Claimant alleges damages and injuries as the result of an accident involving a truck. rs. W.S. Kimball, 5. Claimant: Mrs. W.S. Kimball, Jr. r• Date Received: September 12, 1989 Date of Incident: July and August 1989 Location of Incident: 1962 Shelman Trail Estimate of Damages/ Injuries: $15.00 - $20.00 Nature of Incident: Claimant alleges damages to her property as the result of crewman repairing new water pipes. atie Garrett 6. Claimant: Katie Garrett Date Received: September 12, 1989 Date of Incident: December 1988 Location of Incident: Alley behind 1205 E. Baltimore Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages to her property as result of the removal of a water retainer. onald Wayne Traff 7. Claimant: Donald Wayne Traffanstead ns tead Date Received: September 12, 1989 Date of Incident: September 4, 1989 Location of Incident: 2400 Block of Walton Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages to his vehicle as the result of an accident involving a City -owned vehicle (police). Minutes of City Council N-3 Page 41 t%a TUESDAY SEPTEMBER 19 1989 - Don Bryeans 8. Claimant: Don Bryeans Date Received: September 12, 1989 Date of Incident: July 19, 1989 Location of Incident: 5653 Westcreek Drive Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages to his property as result of City garbage truck striking canopy. Robert J. Sager 9. Claimant: Robert J. Sager Date Received: September 11, 1989 Date of Incident: August 21, 1989 Location of Incident: Belknap and Lamar Estimate of Damages/ Injuries: $692.45 - $809.17 Nature of Incident: Claimant alleges damages to his automobile as result of vehicular accident involving fork lift. Pamela Dawn Downey 10. Claimant: Pamela Dawn Downey Date Received: September 11, 1989 Date of Incident: July 2, 1989 Location of Incident: Undeclared Estimate of Damages/ Injuries: $226.00 Nature of Incident: Claimant alleges damages as result of receiving alleged information from Police Officer regarding location for rape examination. Isabelle Michelle 11. Claimant: Isabelle Michelle Ortega Ortega Date Received: September 8, 1989 Date of Incident: July 13, 1989 Location of Incident: 1800 Block of Jennings Estimate of Damages/ Injuries: $510.00 Nature of Incident: Claimant alleges damages to her automobile as the result of striking steel rod in street. Johnetta Austin 12. Claimant: Johnetta Austin Date Received: September 8, 1989 Date of Incident: Undeclared Location of Incident: 5500 Alter Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages to her automobile as the result of an accident involving a City -owned vehicle (fire truck). Melba Jean Allen 13. Claimant: Melba Jean Allen Date Received: September 8, 1989 Date of Incident: June 19, 1989 Location of Incident: Corner of Weatherford and Taylor Estimate of Damages/ Injuries: $470.44 Nature of Incident: Claimant alleges injuries as the result of a fall due to construction in the street. Alan R. McDaniel 14. Claimant: Alan R. McDaniel Date Received: September 8, 1989 Date of Incident: July 26, 1989 Location of Incident: Lipps & Edgecliff Road Estimate of Damages/ Injuries: $148.68 - $177.05 Nature of Incident: Claimant alleges damages to his vehicle as the result of a vehicular accident. OCS-11 bdort fdrred' It was the consensus of the Cit Council that the claims be referred to the Risk to Risk Management y Management Department. OCS-12 Setting Zoning Hearing There was presented Mayor and Council Communication No. OCS-12 from the Office of the City Secretary recommending that a resolution setting a zoning hearing for October 10, 1989, be adopted. On motion of Mayor Pro tempore Gilley, seconded by Council Member Zapata, the recommendation was adopted. 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 Zapata. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: Minutes of City Council N-3 Page 42 TUESDAY, SEPTEMBER 19, 1989 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 .II RESOLUTION NO. 1467 1467 A RESOLUTION PROVIDING FOR A PUBLIC HEARING TO BE HELD IN THE CITY COUNCIL CHAMBERS AT THE MUNICIPAL BUILDING IN THE CITY OF FORT WORTH, TEXAS, ON OCTOBER 10, 1989, AT 10:00 A.M., FOR THE PURPOSE OF CONSIDERING THE PROPOSED CHANGES AND AMENDMENTS TO ORDINANCE NO. 3011, AS AMENDED, WHICH IS THE COMPREHENSIVE ZONING ORDINANCE OF SAID CITY, AND PROVIDING THAT SAID HEARING MAY CONTINUE FROM DAY TO DAY UNTIL EVERY INTERESTED PARTY AND CITIZEN HAS HAD A FULL OPPORTUNITY TO BE HEARD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That at 10:00 O'clock A.M., Tuesday, October 10, 1989, the City Council of the City of Fort Worth, which is the legislative body of said City, will hold a public hearing in the Council Chambers at the Municipal Building for the purpose of considering changes and amendments to Ordinance No. 3011, as amended, the Comprehensive Zoning Ordinance of said City. The purpose of said hearing is to determine whether or not said Ordinance No. 3011, as amended, should be amended so that the zoning classification of the following areas shall be changed as hereinafter described. Z-89-076 BEING a tract of land out of the E.P. Parris Survey, Abstract No. 1223, D.R.T.C.T., and being more particularly described by metes and bounds as follows; BEGINNING at a found 1/2 inch iron rod located in the northeasterly right-of-way line of U.S. Highway No. 287, said rod further marking the southeasterly corner of that certain 3.05 acre tract of land as described in Volume 6667, Page 990, D.R.T.C.T.; THENCE N 61944'42" W, along the northeasterly right-of-way line of said U.S. Highway No. 287, a distance of 216.23' to a found monument for corner; THENCE N 00005'09" E, leaving the northeasterly right-of-way line of said U.S. Highway No. 287 and along the easterly line of lands conveyed to the Southwestern Bell Telephone Company as described in Volume 1444, Page 139, D.R.T.C.T., a distance of 398.99' to a found Southwestern Bell Telephone monument for corner; THENCE along the northerly line of said Southwestern Bell Telephone Company tract the following courses; N 89026'51" W, a distance of 104.01' to a found S.W.B.T. monument for angle point; S 00012'05" W, a distance of 59.87' to a found S.W.B.T. monument for angle point; N 89033'41" W, a distance of 159.60' to a found S.W.B.T. monument for corner; said monument further being located in the easterly right-of-way line of Parker Henderson Road; THENCE N 00012'49" E, along the easterly right-of-way line of said Parker Henderson Road, a distance of 743.54' to a found fence post for corner; THENCE N 88058'00" E, leaving the easterly right-of-way line of said Parker Henderson Road and along the northerly line of the herein described tract of land, a distance of 608.14' to a found T.E.S.C.O. monument for corner; THENCE along the easterly line of the herein described tract of land the following courses; Minutes of City Council N-3 Page 43 Resolution No. 146; cont. TUESDAY, SEPTEMBER 19, 1989 S 00013'29" E, a distance of 700.25' to a found 1/2 inch iron pipe for angle point; S 00007'35" E, a distance of 162.53' to a found 1/2 inch iron rod for angle point; S 51059'15" W, a distance of 60.63' to a found 1/2 inch iron pipe for angle point; S 17°30'00" W, a distance of 129.94' to a set 1/2 inch iron rod for angle point; S 22°51'01" W, a distance of 189.00' to the POINT OF BEGINNING and containing 13.008 acres of land, more or less. (4729 Mansfield Highway) Recommended from "E" Commercial to "PD -K" Planned Development/Heavy Industrial; requiring provision for a 50 foot landscaped setback from the present front property line with a screening fence (exclusive of slatted chain link fences) and no stacking of junked automobiles less than 100 feet from the fence line along Mansfield Highway. Z-89-077 Lots H and J and the west 100 feet of Lots A and B. Block 23, Sycamore Heights Addition (2420 and 2424 Scott Avenue) Recommended from "B" Two -Family to "E" Commercial Z-89-078 PARCEL 1 BEING one of six parcels or tracts of land out of the Benjamin Thomas Survey, Abstract No. 1497, Tarrant County, Texas; BEING a portion of a 100 -acre tract as described in Volume 943, Page 221, D.R.T.C.T., and being more particularly described by metes and bounds as follows; BEGINNING at a point in the southwest right-of-way line of U.S. Highway No. 287 (Business) at the most northerly corner of a 56.533 acre tract for the POINT OF BEGINNING of the herein described tract of land; THENCE S 36012'22"°E, along said southwest right-of-way of U.S. Highway No. 287 (Business), a distance of 944.88 feet to a point; THENCE S 66010'10" W, a distance of 236.10 feet to a point in the approximated east right-of-way line of County Road No. 4107; THENCE N 23005'52" W, along said approximated east right-of-way line a distance of 918.49 feet to a point for the most northerly point in the approximated east right-of-way line of County Road No. 4107; THENCE N 54031'41" E, along the northwest line of said 56.533 acre tract a distance of 22.34 feet to the POINT OF BEGINNING, and containing 2.7315 acres of land, more or less. (North of Boswell Road between U.S. Highway #81 and Old Decatur Road) Recommended from "Unzoned" to "E" Commercial PARCEL 2 BEING one of six parcels or tracts of land out of the Benjamin Thomas Survey, Abstract No. 1497, Tarrant County, Texas; BEING a portion of a 100 -acre tract as described in Volume 943, Page 221, D.R.T.C.T., and being more particularly described by metes and bounds as follows; COMMENCING at a point in the southwest right-of-way line of U.S. Highway No. 287 (Business) at the most northerly corner of a 56.533 acre tract; Minutes of City Council N-3 Page 44 Iri Resolution No. THENCE S 36012'22"'E, along said southwest right-of-way 1467 cont. line of U.S. Highway No. 287 (Business), a distance of 944.88 feet to the POINT OF BEGINNING of herein described tract of land, said point also being an angle point in said right-of-way line; THENCE S 36006'43" E, continuing along said southwest right-of-way line of U.S. Highway No. 287 (Business), a distance of 775.67 feet to a point; THENCE S 52055'17" W a distance of 423.32 feet to a point in the approximated east right-of-way line of County Road No. 4107; THENCE N 23°05'52" W, along said approximated east right-of-way line a distance of 855.00 feet to a point; THENCE N 66010'10" E, a distance of 236.13 feet to the POINT OF BEGINNING, and containing 6.0856 acres of land, more or less. (North of Boswell Road between U.S. Highway #81 and Old Decatur Road) Recommended from "Unzoned" to "F -R" Restricted Commercial PARCEL 3 BEING one of six parcels or tracts of land out of the Benjamin Thomas Survey, Abstract No. 1497, Tarrant County, Texas; BEING a portion of a 100 -acre tract as described in Volume 943, Page 221, D.R.T.C.T., and being more particularly described by metes and bounds as follows; COMMENCING at a point in the southwest right-of-way line of U.S. Highway No. 287 (Business) at the most northerly corner of a 56.533 acre tract; THENCE S 36012'22" E, along said southwest right-of-way line of U.S. Highway No. 287 (Business), a distance of 944.88 feet to a point at an angle point; THENCE S 36006'43" E, continuing along said southwest right-of-way line a distance of 775.67 feet to the POINT OF BEGINNING of the herein described tract of land; THENCE continuing S 36006'43"°E, along said southwest right-of-way line a distance of 1,985.00 feet to a point; THENCE S 53°53'17" W, a distance of 880.40 feet to a point in the approximated east right -of -way line of County Road No. 4107; THENCE N 23°05'52" W, along said approximated east right-of-way line a distance of 2,030.00 feet to a point; THENCE N 52055'17" E a distance of 423.32 feet to the POINT OF BEGINNING and containing 29.6313 acres of land, more or less. (North of Boswell Road between U.S. Highway #81 and Old Decatur Road) Recommended from "Unzoned" to "C" Multi -Family PARCEL 4 BEING one of six parcels or tracts of land out of the Benjamin Thomas Survey, Abstract No. 1497, Tarrant County, Texas; BEING a portion of a 100 -acre tract as described in Volume 943, Page 221, D.R.T.C.T., and being more particularly described by metes and bounds as follows; COMMENCING at a point in the southwest right-of-way line of U.S. Highway No. 287 (Business) at the most northerly corner of a 56.533 acre tract; THENCE S 36012'22" E, along said southwest right-of-way line of U.S. Highway No. 287 (Business), a distance of 944.88 feet to a point at an angle point; Minutes of City Council N-3 Page 45 Resolution No. THENCE S 36006'43" E, continuing along said southwest 1467 cont. right-of-way line a distance of 2,760.67 feet to the POINT OF BEGINNING of the herein described tract of land; THENCE continuing S 36°06'43" E, along said southwest right-of-way line a distance of 745.00 feet to a point at an angle point; THENCE S 36004'32" E'continuing along said southwest right-of-way line a distance of 781.36 feet to a point; THENCE S 51058'41" W, a distance of 720.00 feet to a point; THENCE N 89057'29" W, a distance of 655.54 feet to a point in the approximated east right-of-way line of County Road No. 4107; THENCE N 11035'19" W, along said approximated east right-of-way line a distance of 343.35 feet to a point at an angle point; THENCE N 17046'38" W, continuing along said approximated east right-of-way line a distance of 695.80 feet to a point at an angle point; THENCE N 23005'52" W, continuing along said approximated east right-of-way line a distance of 182.26 feet to a point; THENCE N 53053'17" E, a distance of 880.40 feet to the POINT OF BEGINNING, and containing 36.7738 acres of land, more or less. (North of Boswell Road between U.S. Highway #81 and Old Decatur Road) Recommended from "Unzoned" to "E" Commercial PARCEL 5 BEING one of six parcels or tracts of land out of the Benjamin Thomas Survey, Abstract No. 1497, Tarrant County, Texas; BEING a portion of a 100 -acre tract as described in Volume 943, Page 221, D.R.T.C.T., and being more particularly described by metes and bounds as follows; BEGINNING at a point in the southwest right-of-way line of U.S. Highway No. 287 (Business) at the southeast corner of a 62.492 acre tract for the POINT OF BEGINNING of the herein described tract of land; THENCE N 90000'00" W, along south line said 62.492 acre tract a distance of 1,300.00 feet to a point; THENCE N 17013'40" W, a distance of 1,025.00 feet to a point; THENCE N 51058'41" E, a distance of 720.00 feet to a point in said southwest right-of-way line of U.S. Highway No. 287 (Business); THENCE S 36004'32" E, along said southwest right-of-way line a distance of 1,760.00 feet to the POINT OF BEGINNING, and containing 29.1458 acres of land, more or less. (North of Boswell Road between U.S. Highway #81 and Old Decatur Road) Recommended from "Unzoned" and "AG" Agricultural to "I" Light Industrial PARCEL 6 BEING one of six parcels or tracts of land out of the Benjamin Thomas Survey, Abstract No. 1497, Tarrant County, Texas; BEING a portion of a 100 -acre tract as described in Volume 943, Page 221, D.R.T.C.T., and being more particularly described by metes and bounds as follows; Minutes of City Council N-3 Page 46 Resolution No. COMMENCING at a point in the southwest right-of-way line 1467 cont. of U.S. Highway No. 287 (Business) at the southeast corner of a 62.492 acre tract; THENCE N 90000'00" W, along the south line of said 62.492 acre tract a distance of 1,300.00 feet to the POINT OF BEGINNING of the herein described tract of land; THENCE continuing N 90°00'00" W, along said south line of said 62.492 acre tract a distance of 679.46 feet to a point at the southwest corner of said 62.492 acre tract, said point also being in the centerline of County Road No. 4107; THENCE N 17033'04" W, along said centerline a distance of 814.34 feet to a point in the approximated common line between the City of Fort Worth and Fort Worth E.T.J.; THENCE N 90000'00" E, along said common line between the City of Fort Worth and Fort Worth E.T.J., a distance of 30.29 feet to a point in the approximated east right-of-way line of County Road No. 4107; THENCE N 17°35'19" W, along said approximated east right-of-way line a distance of 213.02 feet to a point; THENCE S 89057'29" E, a distance of 655.54 feet to a point; THENCE S 17013'40" E, a distance of 1,025.00 feet to the POINT OF BEGINNING, and containing 15.2023 acres of land, more or less. (North of Boswell Road between U.S. Highway #81 and Old Decatur Road) Recommended from "Unzoned" and "AG" Agricultural to "C" Multi -Family Z-89-079 Lot 1-A, Block 19, Wedgwood Addition (5010-5048 Trail Lake Drive) Recommended from "E" Commercial to "PD -SU" Planned Development/Specific Use to permit all uses allowed in the "E" Commercial District plus a Bingo Parlor, Consignment Store, and Used Furniture Upholstery, Refinishing and Resale. Waiver of site plan requested. Z-89-081 Lots 4 and 5, Block 27, Polytechnic Heights Addition (3216 East Rosedale Street) Recommended from "F" Commercial to "F" Commercial /"HC" Historic and Cultural Subdistrict Z-89-082 BEING all of Lot 10, Block 2, Colonial Hills Addition to the City of Fort Worth, Tarrant County, Texas; and BEING a part of Lot 9, Block 2, Colonial Hills Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Volume 1283, Page 53, D.R.T.C.T., and said part of Lot 9 described by metes and bounds as follows: BEGINNING at a point at the east line of said Lot 9, 35.00 feet to the northeast of its southeast corner; THENCE northeast with the eastern boundary line of said Lot 9, 52.3 feet to the northeast corner of said Lot 9; THENCE in a northwesterly direction with the northern boundary line of said Lot 9, 15.00 feet; THENCE in a southerly direction 52.00 feet back to the PLACE OF BEGINNING and being the same land as described in Volume 2753, Page 335, D.R.T.C.T. (3616 Park Hill Drive) Recommended from "A" One -Family to "A" One-Family/"HC" Historic and Cultural Subdistrict Minutes of City Council N-3 Page 47 T'1r.QAV SQTCMRCR 19 1929 Resolution No. No. 1467 conk. Z-89-083 Lots 18 and 19, Block 2, Fields Welch Addition (1417 and 1421 Fairmount Street) Recommended from "C" Multi -Family to "C" Multi -Family/ "HC" Historic and Cultural Subdistrict Z-89-084 BEING a tract of land out of the G.W. Hartzog Survey Abstract No. 697, Tarrant County, Texas, known as Tract #2B3E, and being more particularly described as follows; BEGINNING at the northeast corner of said tract, said point being on the south line of East Berry Street and the west line of Illinois Avenue; THENCE S 150 feet to a point; THENCE W 100 feet to a point; THENCE N 150 feet to a point; THENCE E 100 feet to the PLACE OF BEGINNING and containing 0.344 acres, more or less. (1028 East Berry Street) Recommended from "E" and "F" Commercial to "F" Commercial Z-89-085 Lots 1 and 2, and the east 8 feet of Lot 3, Block 4, Tandyland Addition (3320-3324 McLean Street) Recommended from "PD -SU" Planned Development/Specific Use to permit a Doctors Office and Pharmacy to "PD -SU" Planned Development/Specific Use to allow the following uses: 1. Care Facilities; 2. Health Service Facilities; 3. Religious Institutions; 4. Day Care Nurseries and Kindergartens. Z-89-086 ALL that certain lot, tract or parcel of land located in the J. Howard Survey, Abstract No. 693; George Shields Survey, Abstract 1436; and the B.B.B. & C. R.R. Co. Survey, Abstract 218, D.R.T.C.T., and being more particularly described by metes and bounds as follows; BEGINNING at a point in the west right-of-way (R/W) line of Hulen Street, said point bears along said line S 00°09'07" W, 540.00 feet from its intersection with the South R/W line of Overton Plaza; THENCE Southerly with said west R/W line, the following two (2) courses and distances: (1) S 00009'07" W, 431.20 feet to a 5/8 inch steel rod found at the beginning of a curve to the right having a radius of 808.18 feet; and (2) Southwesterly with the arc of said curve to the right, a distance of 200.98 feet to a 5/8 inch steel rod set in the north R/W line of Interstate Highway No. 20; THENCE with said north R/W line, the following eight (8) courses and distances; (1) S 33°21'09" W, passing at 02.63 feet a Texas Highway Department (T.H.D.) concrete monument and continuing in all 76.00 feet to a T.H.D. concrete monument found at the beginning of a non -tangent curve to the right having a radius point that bears N 56°35'35" W, 160.00 feet; (2) Westerly with the arc of said curve to the right, a distance of 233.99 feet to a T.H.D. concrete monument found; (3) N 63042'48" W, 84.64 feet to a 5/8 inch steel rod set; Minutes of City Council N-3 Page 48 4'9 TUESDAY_ SEPTEMBER 19 1989 Resolution No. (4) N 64034'08" W, 224.62 feet to a T.H.D. concrete No. 1647 cont. monument found at the beginning of a non -tangent curve to the right, having a radius point that bears N 25028'18" E, 2,884.79 feet; (5) Northwesterly with the arc of said curve, a distance of 176.68 feet to a 5/8 inch steel rod set; (6) N 61°01'10" W, 150.07 feet to a 5/8 inch steel rod set; (7) N 71°11'04" W, 1,230.53 feet to a T.H.D. concrete monument found at the beginning of a non -tangent curve to the left having a radius point that bears S 28°59'44" W, 5,765.58 feet; (8) Northwesterly with the arc of said curve to the left, a distance of 123.26 feet to a point at its intersection with the east line of present "G" Commercial zoning, according to Ordinance No. 7197; THENCE departing said north R/W line and with the present common east line of said "G" Commercial zoning, the following three (3) courses and distances; (1) N 27046'14" E, 63.85 feet to the beginning of a curve to the right, having a radius of 800.00 feet; (2) Northeasterly with the arc of said curve, a distance of 293.70 feet to its point of tangency; (3) N 48048'22" E, 393.66 feet to its intersection with the curved south line of Overton Plaza, whose radius point bears N 48048'22" E, 1,418.28 feet; and (4) Easterly with the arc of a curve to the left having a radius of 1,208.21 feet, a distance of 184.29 feet to its intersection with the present west line of "G" Commercial zoning, according to Ordinance No. 7934; THENCE departing said south R/W line and with said common "G" Commercial zoning line, S 00°07' W, 470.00 feet and N 86°15'19" E, 810.00 feet to the PLACE OF BEGINNING and containing some 29.74 acres of land. (Northwest corner of South Hulen Street and I.H. 20/Loop 820) Recommended from "PD -SU" Planned Development/Specific Use rohibiting Boat Sales to "PD -SU" Planned Development/ Specific Use permitting Boat Sales; Providing for no outside sales, storage or maintenance. Z-89-087 BEING a tract of land situated in the H.T. Boydston Survey, Abstract No. 170, Tarrant County, Texas, and being a portion of that tract of land recorded in Volume 7200, Page 200, D.R.T.C.T., said tract being more particularly described by metes and bounds as follows; BEGINNING at the southwest corner of that tract of land described in a deed to International ABM, Inc., as recorded in Volume 7232, Page 1121, D.R.T.C.T., said point also being in the east line of that Texas Electric Service Company tract, as recorded in Volume 2076, Page 189, D.R.T.C.T., said point also being the northwest corner of Dotty Addition, as recorded in Volume 388/138, Page 92, P.R.T.C.T.; THENCE N 89002'03" W, 100.00 feet to a point in the west line of said Texas Electric Service Company tract; THENCE S 01039'06" W, 63.30 feet along said tract; THENCE N 88020'54" W, 400.00 feet along said tract; THENCE S 01039'06" W, 154.76 feet along said tract to a point in the northerly line of an existing 50' wide overhead electric easement; THENCE N 86042'25" W, 226.00 feet along the north line of said overhead electric easement; Minutes of City Council N-3 Page 49 7l 0 TUESDAY SEPTEMBER 19 1989 Resolution No. THENCE N 02001'00" E, 2,166.41 feet to a point in the 1467 cont. southerly line of Silver Creek Road; THENCE S 88036'30" E, 724.57 feet along said southerly line to a point in the east line of said Texas Electric Service Company tract; THENCE S 02001'00" W, 1,956.90 feet to the POINT OF BEGINNING and containing 34.23 acres of land, more or less. (9400 Block of Silver Creek Road) Recommended from "A" One -Family to "G" Commercial Z-89-088 Lots 64, 65, 66 and 67, Baker Brothers Addition (Airport Freeway [U.S.#121] @ Riverside Drive) Recommended from "E" Commercial to "PD -SU" Planned Development/Specific Use to permit all uses allowed in the "E" Commercial District and minor automobile repairs and inspections. Waiver of site plan recommended. Z-89-090 ZONING ORDINANCE TEXT AMENDMENT An Ordinance amending the Comprehensive Zoning Ordinance of the City of Fort Worth, being Ordinance No. 3011, as amended, Codified as Appendix "A" of the Code of the City of Fort Worth, Texas (1986), as amended, by providing that Parole and Probation Offices shall be permitted in "F -R" Restricted Commercial District and less restricted i Zoning Districts; By Providing that Parole and Probation Offices be located more than 500 feet (500') from One or Two Family Residential Districts. Recommended for Approval That the proposed amendments and changes at this hearing will be considered in accordance with the provisions of Chapter 211 of the Texas Local Government Code. BE IT FURTHER RESOLVED that this Resolution, when published in the official newspaper of the City of Fort Worth, which is a paper of general circulation, one (1) time, shall constitute a notice of hearing, which publication shall be made at least fifteen (15) days prior to such hearing, and all interested parties are urgently requested to be in the Council Chambers at the Municipal Building at the time hereinabove set forth to make any protest or suggestion that may occur to them, and this hearing may continue from day to day until every interested party and citizen has had a full opportunity to be heard. OCS-13 Cancelling There was presented Mayor and Council Communication No. OCS-13 from the City Council Office of the City Secretary recommending that the City Council adopt a resolution cancelling the City Council meetings of November 28, 1989, and of December 26, 1989. On motion of Mayor Pro tempore Gilley, seconded by Council Member Garrison, the recommendation was adopted. 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 Garrison. 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 ABSENT: None The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1468 1468 WHEREAS, the City Council of the City of Fort Worth, Texas, regularly meets in session on Tuesday of each week at 10:00 a.m., except for the meeting on the first Tuesday of the month which is held at 7:00 p.m., in accordance with Section 3.1 of the City Council Rules and Procedure; and, WHEREAS, Chapter III, Section 5 of the City Charter states that the City Council shall meet at such time and p as ce as may be prescribed by ordinance or resolution, but not less than 48 regular meetings shall be held each calendar year with not less Minutes of City Council N-3 Page 50 Resolution No. 1468 cont. M&C G-8198 re Refund of overpaii taxes (City/Schoo' M&C G-8212 re retention of Gary B. Lawson regard- ing responsibilit, for retired City employees' health insurance and related issues Mr. C.W. Coker re opposition for hiring of outside counsel M&C G- 8212 Introduced a Resolution 91. TUESDAY, SEPTEMBER 19, 1989 than three regular meetings held each month and not more than one regular meeting held each week; and, WHEREAS, the City Council of the City of Fort Worth, Texas, normally would be meeting at 10:00 a.m. on Tuesday, November 28, 1989, and at 10:00 a.m. on Tuesday, December 26, 1989; and, WHEREAS, a majority of the members of the City Council of the City of Fort Worth, Texas, will be attending the 66th Annual Congress of Cities in Atlanta, Georgia, on Tuesday, November 28, 1989; and, WHEREAS, the City Council desires to cancel the regularly -scheduled meeting of December 26, 1989: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, That the regularly -scheduled meetings of the City Council of the City of Fort Worth, Texas, of November 28, 1989, and of December 26, 1989, be canceled. Mayor Bolen and Council Members Garrison, Webber, and Chappell advised the City Council of a conflict of interest in voting on Refund of Tax Overpayment to NCNB Texas Bank, Account No. 0047-15-50, 1988 Taxes in the Chamberlain Arlington Heights #1F, Lot 11, Block 3, City/School taxes. There was presented Mayor and Council Communication No. G-8198, dated September 5, 1989, from the City Manager stating that 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 erroneous payments or overpayments were made on Account No. 0047-15-50, 1988 Taxes, for Chamberlain Arlington Heights #1F, Lot 11, Block 3, for City/School taxes for NCNB Texas Bank in the amount of $2,297.20, in which taxes were paid twice. 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 by the following vote: AYES: Mayor Pro tempore Gilley; Council Members Zapata, Granger, McCray, and Murrin NOES: None ABSENT: None NOT VOTING: Mayor Bolen; Council Members Garrison, Webber, and Chappell There was presented Mayor and Council Communication No. G-8212 from the City Manager stating that the City Council has been given periodic updates concerning the status of issues regarding the responsibility for retired City employees' health insurance; that, in the opinion of the City Attorney, because this matter involves a conflict in legal positions between the City Council and the Board of Trustees of the City's Employees Retirement Fund, outside legal counsel should be employed to advise the City Council; that Mr. Gary B. Lawson is recognized for his knowledge and experience in the field of employee benefits law; that his hourly rate is $180.00; that funds are available in General Fund 01, Account No. 90-55-00, Index Code 328005; and recommending that the City Council retain Gary B. Lawson and the law firm of Godwin, Carlton & Maxwell, pursuant to Section 3, Chapter VI of the City Charter, as outside counsel to consult with the City Council and represent the City in matters regarding responsibility for retired City employees' health insurance and related issues and that the City Council adopt a resolution fixing in advance, as far as practical, the compensation to be paid Mr. Lawson for his services, for an amount not to exceed $10,000.00. Mr. C.W. Coker, 4601 Marks Place, appeared before the City Council and expressed opposition to the hiring of outside legal counsel to defend the City in regard to the payment by the Retirement Fund of cost of retirees' health insurance. Council Member Garrison made a motion, seconded by Mayor Pro tempore Gilley, that the recommendation, as contained in Mayor and Council Communication No. G-8212, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Garrison introduced a resolution and made a motion that it be adopted. The motion was seconded by Mayor Pro tempore Gilley. 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 ABSENT: None Minutes of City Council N-3 Page 51 �sb "J T Minutes of City Council N-3 Page 52 The resolution, as adopted, is as follows: Resolution No. 1469 RESOLUTION N0. 1469 WHEREAS, issues presently exist concerning legal responsibility for retired City employees' health insurance; and WHEREAS, because this matter is of extraordinary importance, it is necessary to retain outside counsel to advise the City Council and to represent the City in connection therewith; and WHEREAS, Gary B. Lawson of the law firm of Godwin, Carlton & Maxwell possesses the knowledge and experience in employee benefits law and has agreed to advise the City Council and to represent the City in this matter; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: I. That Gary B. Lawson and the law firm of Godwin, Carlton & Maxwell be retained as outside counsel pursuant to Section 3, Chapter VI of the City Charter, to advise the City Council and represent the City in connection with matters regarding responsibility for retired City employees' health insurance and related issues. II. That, as far as practicable, the compensation to be paid Gary B. Lawson and the firm for his services be fixed in an amount not to exceed $10,000, his standard hourly rate being $180 per hour. M&C, G-8213 re There was presented Mayor and Council Communication No. G-8213 from the City amending Chapter Manager recommending that an ordinance be adopted amending Chapter 14, "Garbage", of 14 "Garbage" The Code of the City of Fort Worth (1986), as amended, regulating solid waste col ection,-7ees, and disposal. On mo it on of Mayor Pro tempore Gilley, seconded by Council Member Garrison, the recommendation was adopted. 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 Garrison. 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. 10388 10388 AN ORDINANCE AMENDING CHAPTER 14, "GARBAGE", OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, WHICH CHAPTER REGULATES SOLID WASTE COLLECTION, FEES AND DISPOSAL, BY AMENDING SECTION 14-24 BY INCREASING THE PRESCRIBED UNIFORM FEES FOR RESIDENTIAL REFUSE COLLECTION, BY AMENDING SECTION 14-25 BY INCREASING THE PRESCRIBED UNIFORM FEES FOR COMMERCIAL REFUSE COLLECTION; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PRESERVATION OF RIGHTS AND REMEDIES FOR ACCRUED VIOLATIONS AND PENDING LITIGATION; PROVIDING A PENALTY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. M&C G-8214 re There was presented Mayor and Council Communication No. G-8214 from the City reappointments to Manager recommending that the City Council confirm his reappointments of Susan Wilcox Susan Wilcox, to Place 1, Gordon D. Pritchard, Jr., to Place 3, Jerome O'Neal to Place 5, Roderick Gordon D. Pritchard Stepp to Place 7, and Thomas Ausbrooks to Place 9 on the Mechanical Board of Appeals, Jr., Jerome O'Neal,' all with terms of office expiring October 1, 1991. On motion of Mayor Pro tempore Roderick Stepp, �� Gilley, seconded by Council Member Murrin, the recommendations were adopted. Thomas Ausbrooks to Mechanical Board There was presented Mayor and Council Communication No. G-8215 from the City of Appeals Manager recommending that the City Council confirm his reappointments of Harold James M&C G-8215 re reappointments of Harold James, L.J. Hilsher, John N. Convanes, Jr. to the Board of Plumbers Minutes of City Council N-3 Page 52 &C G-8215 cont. 1&C G-8217 re ►hysically closing streets Ir. Joe Bilardi -e M&C G-8217 :ntroduced a I esolution 5,L' to Place 3, L.J. Hilscher to Place 7, and John N. Covanes, Jr., to Place 9 on the Board of Plumbers, all with terms of office expiring October 1, 1991. On motion of Mayor Pro tempore Gilley, seconded by Council Member Garrison, the recommendation was adopted. There was presented Mayor and Council Communication No. G-8217 from the City Manager, as follows: SUBJECT: PHYSICAL CLOSURE OF STREETS: CHAMBERLAIN ARLINGTON ADDITION, BLOCKS 119-124 & WEST FORT WORTH LAND COMPANY ADDITION, BLOCKS 8 & 9 PENTECOST, ELDRIDGE, SANQUINET, 'ENLEY, WESTERN, TREMONT & NEVILLE STREETS (V-89-26 & V-89-28) RECOMMENDATION: It is recommended that the City Council adopt a resolution physically closing by means specified by the Transportation and Public Works Department, the following streets and locations: Pentecost Street at the south end of Lot 1, Block 119 and Lot 20, Block 120, Chamberlain Arlington Heights, 1st Filing, at I.H. #30 Service Road; Eldridge Street at the south end of Lot 1, Block 120 and Lot 20, Block 121, Chamberlain Arlington Heights, 1st Filing, at I.H. #30 Service Road; Sanquinet Street at the south end of Lot 1, Block 121, and Lot 20, Block 122, Chamberlain Arlington Heights, 1st Filing, at I.H. #30 Service Road; Kenley Street at the south end of Lot 1, Block 122, and Lot 20, Block 123, Chamberlain Arlington Heights, 1st Filing, at I.H. #30 Service Road; Western Street at the south end of Lot 1, Block 124, Chamberlain Arlington Heights, 1st Filing, and Lot 18, Block 7, Arlington Heights, 4th Filing, at I.H. #30 Service Road; Tremont Street at the south end of Lot 1, Block 8, and Lot 19, Block 9, WEST FORT WORTH LAND COMPANY, at I.H. #30 Service Road; and Neville Street at the south line of Lot 20, Block 119, Chamberlain Arlington Heights, 1st Filing, and Lot 1A, Block A -SE, F. M. HAMMON SUB, at the I H. #30 Service Road. All have been recommended by the City Plan Commission. DISCUSSION: Arlington Heights Neighborhood Association, with the approval of all abutting property owners, has requested that the City allow physical closure of the subject streets, shown on the attached maps. The subject street rights-of-way, acquired by dedication, are open on the ground and contain utility facilities. The utility providers, responsible for maintenance of the utility facilities, have requested that access be provided for the purpose of maintaining these utility facilities. It is the opinion of the Real Property Department that the interest of the City in the subject streets described in this physical closure request will be satisfied with a payment of a $1.00 consideration fee. Reviewing City departments and private utility companies have raised no objection to this request, provided that the subject streets are physically closed and that access to the physically closed portion of the streets is provided at all times to all emergency and City maintenance vehicles for the purpose of maintaining the streets and for emergency access. The City Planning Commission has reviewed this request and recommends that the subject streets be physically closed as requested by the applicants. Mr. Joe Bilardi, Director of the Development Department, appeared before the City Council and advised the City Council that the request for the physical closure of streets in the Chamberlain Arlington Heights Addition was generated by the homeowners association to restrict non-resident vehicular traffic coming from the freeway frontage road and in order for the Highway Department to be able to include the necessary curbing to close off the streets. On motion of Council Member Murrin, seconded by Council Member Chappell, the recommendation, as contained in Mayor and Council Communication No. G-8217, was adopted. Council Member Murrin 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: Minutes of City Council N-3 Page 53 Minutes of City Council N-3 Page 54 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. 1470 1470 WHEREAS, the Arlington Heights Neighborhood Association on behalf of all abutting property owners has requested by written and signed petition that the City physically close, at such property owners' expense, several streets which are named specifically below; and WHEREAS, the Plan Commission of the City of Fort Worth has reviewed this request and recommends that the subject streets be closed as requested; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That the following streets: (1) Pentecost Street at the south end of Lot 1, Block 119, and Lot 20, Block 120, in the Chamberlain Arlington Heights Addition, 1st Filing, at the Interstate Highway 30 Service Road; (2) Eldridge Street at the south end of Lot 1, Block 120, and Lot 20, Block 121, in the Chamberlain Arlington Heights Addition, 1st Filing, at the Interstate Highway 30 Service Road; (3) Sanguinet Street at the south end of Lot 1, Block 121, and Lot 20, Block 122, of the Chamberlain Arlington Heights Addition, 1st Filing, at the Interstate Highway 30 Service Road; (4) Kenley Street at the south end of Lot 1, Block 122, and Lot 20, Block 123, Chamberlain Arlington Heights Addition, 1st Filing, at the Interstate Highway 30 Service Road; (5) Western Street at the south end of Lot 1, Block 124, Chamberlain Arlington Heights Addition, 1st Filing, and Lot 18, Block 7, Arlington Heights, 4th Filing, at the Interstate Highway 30 Service Road; (6) Tremont Street at the south end of Lot 1, Block 8, and Lot 19, Block 9, of the West Fort Worth Land Company Addition at the Interstate Highway 30 Service Road; and (7) Neville Street at the south end of Lot 20, Block 119, of the Chamberlain Arlington Heights, 1st Filing, and Lot 1A, Block A -SE, F.M. Hammon Subdivision, at the Interstate Highway 30 Service Road, all of which are located within the City of Fort Worth, Texas, be physically closed by means specified by the Transportation and Public Works Department of the City of Fort Worth, at the abutting property owners' expense, with the City to retain title to the public rights-of-way in said streets, retaining any and all easements for existing and prospective utilities, and retaining the right of access at all times for the purpose of maintaining existing and prospective utility facilities located in the streets and for emergency access. In addition, the City reserves the right, at the sole discretion of the City Council, to reopen by resolution the aforesaid street rights-of-way to public travel at any time by directing the removal of the means of closure specified by the Transportation and Public Works Department, all costs and expense of said removal to be borne by the aforesaid abutting property owners. M&C G-8218 re Aircraft Insurance, There wasresented Mayor and Council Communication No. G-8218 from the Cit p y y Policy for heli- Manager, as follows: copter liability was awarded to SUBJECT: AIRCRAFT INSURANCE POLICY FOR HELICOPTER LIABILITY Dickerson, ' " _. Llewellyn and RECOMMENDATION: Fitzgerald It is recommended that the City Council cast lots to determine the I i award of bid for helicopter liability insurance for a period of two Minutes of City Council N-3 Page 54 M&C G-8218 cont. years, pending policy review at the end of year one, to one of two bidders. This is based on tie bids submitted by the following Fort Worth vendors: 1. Halton Hall and Associates, Inc. 2. Dickerson, Llewellyn and Fitzgerald BID TABULATION: VENDOR AND ALTERNATE BIDS 1. Alexander & Alexander of Texas, Inc. ($13,870 for $5,000,000) ($11,500 for $2,000,000) Insurer: The Home Insurance Com- pany (Global Aviation Insurance Ser- vices) A.M. Best rating: AXI Fort Worth Agency 2. Corrigan -Jordan -Hancock & Asso- ciates ($10,525 for $5,000,000) ($8,420 for $2,000,000) Insurer: Underwriters at Lloyd's London (McAlear of Illinois, Inc.) A.M. Best rating: Not listed on bid Dallas Agency 3. Dickerson, Llewellyn and Fitzgerald ($6,100 for $5,000,000) ($3,600 for $2,000,000) Insurer: United States Fire In- surance Co. (Through Aviation Office of Ameri- ca, Inc.) A.M. Best Rating: A+XIII Fort Worth Agency 4. Halton Hall and Associates, Inc. ($6,100 for $5,000,000) ($3,600 for $2,000,000) Insurer: United States Fire In- surance Co. (Through Aviation Office of Ameri- ca, Inc.) A.M. Best Rating: A+XIII Fort Worth Agency 5. Higginbotham and Associates ($10,000 for $5,000,000) ($8,000 for $2,000,000) Insurer: National Union Fire Insurance Company (Through AIG Aviation) A.M. Best rating: A+XIV Fort Worth Agency 6. National Air Insurance Agencies, Inc. ($15,122 for $5,000,000) ($14,110 for $2,000,000) Insurer: Transamerica Insurance Company A.M. Best rating: AIX Dallas Agency 7. Waller and Waller (Bid #1 of 2) ($6,100 for $5,000,000) ($3,600 for $2,000,000) Insurer: United States Fire In- surance Company A.M. Best rating: A+XIII Dallas Agency ANNUAL PREMIUM: Amount Bid for $10,000,000 Liability Coverage on Two Craft $16,254 $12,630 $ 7,900 (Policy can be written for two years with annual pol- icy review; premium pay- ment annually) $ 7,900 (Policy can be written for two years with annual pol- icy review; premium pay- ment annually) Minutes of City Council N-3 Page 55 $12,000 $16,468 $ 7,900 M&C G-8218 cont. M&C G-8219 re amending section 23-11, Loitering for purpose of prostitution, of the Fort Worth City Code Introduced an Ordinance Ordinance No. 10389 TUESDAY SEPTEMBER 19 1989 8. Waller and Waller (Bid #2 of 2) $24,305.82 ($20,102.75 for $5,000,000) ($17,471.50 for $2,000,000) Insurer: Underwriters at Lloyds A.M. Best rating: Not listed on bid Dallas Agency Policy period October 1, 1989 to October 1, 1990 with continuation from October 1, 1990 to October 1, 1991 pending annual policy review according to insurer; that is, premium cost could change for second year coverage. Last Purchase Awarded: September 27, 1988 (M&C P-2960) THIS BID LAST BID $7,900 for one year for two aircraft $21,728 for one year for two aircraft DISCUSSION: As provided for by §271.901 of the Local Government Code, Fort Worth vendors take priority over non -Fort Worth vendors when all elements of a bid are equal. Therefore, only the two Fort Worth bidders are recommended for participation in the casting of lots. FINANCING: Sufficient funds are available in the Insurance Fund 71, Account No. 15-00-00, Risk Management Department. This expenditure will be made from Index Code 396051. City Secretary Howard announced that lots will be cast to determine the award of bid for helicopter liability insurance inasmuch as identical bids were submitted by Halton Hall and Associates, Inc., and Dickerson, Llewellyn and Fitzgerald following the drawing of bids by Mr. Ben Allen, Purchasing Director, and Mr. Bill Harrison, Vice President of Dickerson, Llewellyn and Fitzgerald, Mayor Pro tempore Gilley made a motion, seconded by Council Member Garrison, that the recommendation, as contained in Mayor and Council Communication No. G-8218, be adopted with Dickerson, Llewellyn and Fitzgerald being awarded the helicopter liability insurance. When the motion was put to a vote by the Mayor, it prevailed unanimously. There was presented Mayor and Council Communication No. G-8219 from the City Manager recommending that an ordinance be adopted amending Section 23-11, Loitering for purpose of prostitution, of the Fort Worth City Code, so that violations shall be punishable by a fine not to exceed $500.00. Council Member Chappell made a motion, seconded by Council Member Zapata, that the recommendation be adopted. Council Member Chappell introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Zapata. 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. 10389 AN ORDINANCE AMENDING SECTION 23-11, "LOITERING FOR PURPOSE OF PROSTITUTION", OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, TO PROVIDE THAT THE PENALTY FOR VIOLATING SUCH SECTION SHALL BE A FINE NOT TO EXCEED $500; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER PROVISIONS OF SUCH CODE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 23-11 of the Code of the City (1986), as amended, is hereby further amended to read Sec. 23-11. Loitering for purpose of prostitution. Minutes of City Council N-3 Page 56 of Fort Worth as follows: TUESDAY, SEPTEMBER 19, 1989 Ordinance No. 10389 cont. (a) A person commits an offense if he loiters in a public place in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution. Among the circumstances which may be considered in determining whether such purpose is manifested is that such person is a known prostitute or panderer, repeatedly beckons to, stops or attempts to stop motor vehicle operators by hailing, waving of arms, or any other bodily gesture. No arrest shall be made for a violation of this subsection unless the arresting officer first affords such person an opportunity to explain such conduct, and no one shall be convicted of violating this section if it appears at trial that the explanation given was true and disclosed a lawful purpose. (b) For the purpose of this section, a "known prostitute or panderer" is a person who, within one (1) year previous to the date of arrest for violation of this section, has, within the knowledge of the arresting officer, been convicted of prostitution, promotion of prostitution, aggravated promotion of prostitution or compelling prostitution. The definition of prostitution in the state Penal Code shall apply to this section. (c) Any person violating the provisions of this section shall be guilty of a misdemeanor and punished by a fine not to exceed $500.00. SECTION 7. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. M&C P-3695 re There was presented Mayor and Council Communication No. P-3695 from the City participation fees Manager stating that the Association for Higher Education of North Texas is a for Fort Worth consortium of North Texas colleges and universities, the Dallas Public Library, the Public Library with Fort Worth Public Library; that participation in the Basic Library Program gives the Association 11 patrons of the members libraries access to the collections of all the other for Higher Ed uca- participants; that the Courier Service covers the physical exchange of materials two or tion of North Texas three times weekly; stating that funds are available in General Fund 01, Account No. 84-10-00, Index Code 320655; and recommending that the City Council authorize participation fees for the Fort Worth Public Library with the Association for Higher Education of North Texas in the amount of $5,623.00 covering the period October 1, 1989, through September 30, 1990. It was the consensus of the City Council that the recommendation be adopted. M&C P-3696 re There was presented Mayor and Council Communication No. P-3696 from the City purchase of 6.1 Manager submitting a tabulation of bids received for the purchase of a 6.1 GVWR RV type GVWR RV type utility vehicle for the Park and Recreation Department; stating that funds are utility vehicle for available in Golf Fund 39, Account No. 80-40-05, Index Code 317560; and recommending the Park and Re- that the purchase be made from Alan Young Buick -GMC on low bid of $16,569.00 net, creation Departmen f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M & C P-3697 r e There was presented Mayor and Council Communication No. P-3697 from the City purchase of five Manager stating that the purchase of five permanent long-term wastewater system flow permanent long- monitors, inclusive of a service agreement and a data collection and processing term wastewater agreement, was authorized on April 5, 1983, by Mayor and Council Communication system flow No. P-1577; that, in order to continue this data analysis, a comprehensive service monitors for the agreement is recommended for five system flow monitors and a data processing agreement Water Department is recommended to continue the collection and processing of system data; that the City with ADS service, Council authorized a one-year purchase agreement with the option to renew annually for Inc. four years with American Digital Systems on October 30, 1984, by Mayor and Council Communication No. P-1705; that the four-year renewal option has expired and American Digital Systems, being the manufacturer of the monitors, remains the exclusive resource for all maintenance and data processing agreements; that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that a one-year purchase agreement for a wastewater monitoring system service with ADS Services, Inc., on sole source quotation for an amount not to exceed $22,800.00 be authorized annually for the Water Department and that the agreement be effective from the date of authorization by City Council until one year later, with option to renew annually for four years. It was the consensus of the City Council that the recommendations be adopted. M&C P-3698 re There was presented Mayor and Council Communication No. P-3698 from the City purchase of supp- Manager stating that the City Council approved the purchase of a library detection lies for continuing system from Checkpoint Systems on November 5, 1985, by Mayor and Council Communication labeling of the I No. P-1832; that Checkpoint Systems is the sole source for supplies to maintain the Library Department' system; that funds are available in Fund 01, Account No. 84-20-01, Index Code 321000; collections form and recommending that the purchase of supplies for the continuing labeling of the Checkpoint Systems Inc. Minutes of City Council N-3 Page 57 M&C P-3698 cont. M&C P-3699 re salehefescrapu- ` batteries for the City Services De- partment to Steve' Battery Service M&C P-3700 re sale fo scrap tire: for the City Ser- vices Department M&C P-3701 re purchase with Waste Management of Fort Worth to transport and dis- pose of waste for the Water Depart- ment M&C P-3701 adopted M&C P-3702 re purchase of repair services from multiple vendors for all City depart- ments Library Department collections be authorized with Checkpoint Systems, Inc., on a sole source quotation of $8,000.00 net, f.o.b. Thorofare, New Jersey, plus freight. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. P-3699 from the City Manager submitting a quotation received for a one-year agreement, with a one-year option for renewal, for the sale of scrap batteries for the City Services Department; stating that revenues received from the sale will be deposited into Equipment Services Operating Fund 61, Revenue Index Code 069203; and recommending that the agreement be authorized with Steve's Battery Service on his high bid of $2.30 per battery, vendor pick-up. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. P-3700 from the City Manager submitting a quotation received for a one-year agreement with a one-year option for renewal for the sale of scrap tires for the City Services Department; that the revenues received from the sale will be deposited into Equipment Services Operating Fund q1, Revenue Index Code 069203; and recommending that a one-year agreement with a one-year option be authorized with Texas Tire Disposal on their quotation of $0.48 per tire. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. P-3701 from the City Manager submitting a tabulation of bids received for a purchase agreement to transport and dispose of waste for the Water Department; stating that funds are available in Water and Sewer Department Fund 45, Account No. 70-50-02, Index Code 384461; and recommending that the purchase agreement be authorized with Waste Management of Fort Worth on its low bid of unit prices, as follows: 1. Pickup, haul and dump 3 cubic yard A. 3 yard container $5.00/per month B. 4 yard container $5.75/per month C. 8 yard container $6.25/per month D. 16 yard container $63.00/per month $ 11.12 containers pull $ 13.21 2. Pickup, haul and dump 4 cubic yard pull containers per pull 3. Pickup, haul and dump 8 cubic yard containers 4. Pickup, haul and dump 16 cubic yard containers 5. Monthly rental costs per container A. 3 yard container $5.00/per month B. 4 yard container $5.75/per month C. 8 yard container $6.25/per month D. 16 yard container $63.00/per month $ 11.12 per pull $ 13.21 per pull $ 12.09 per pull $109.84 per pull It was also recommended that the term of the agreement begin with the date of authorization by City Council and end one year later, with two additional one-year options to renew. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. P-3702 from the City Manager, as follows: SUBJECT: AUTHORIZE THE PURCHASE OF REPAIR SERVICES FROM MULTIPLE VENDORS FOR ALL CITY DEPARTMENTS RECOMMENDATION: It is recommended that the City Council authorize the purchase of repair services from the following vendors on a rotation basis: 1. Seat and Upholstery Repair 3uck's Auto Trim Chris' Trim Shop Like -Nu Auto Center Lodens Trim & Glass Shop 2. Transmission Repair A-1 Auto Transmission Alta Mere Transmission Don's Automatic Transmission Gaylon's Transmission Industrial Power & Transmission, Inc. Multistate Tranmissions Pro -Shift Transmission Roden Truck Parts Tarrant Truck Repair Texas Motor Company 3. Front End Repair and Wheel Alignment Bucks Wheel and Equipment Company Cox's Auto Brake & Alignment Edmondson Tire, Brake & Muffler Co. Fort Worth Champion Spring Franks Wheel Alignment Maaco Auto Painting and Body Works Minutes of City Council N-3 Page 58 TUESDAY, SEPTEMBER 19, 1989 T !T M&C P-3702 cont. 4. Frame Repair/Alignment Bucks Wheel and Equipment Company Cox's Auto Brake & Alignment Frank's Wheel Alignment Maaco Auto Painting and Body Works Ray's Champion Spring 5. Radiator Repair Bluff Street Radiator Works James' Radiator Shop Kirby's Radiator Service Miller Radiator Norman Radiator Service, Inc. Santos Muffler and Radiator Service 6. Drive Shaft Repair American Drive Shaft and Truck Parts Automotive Industrial Supply Co. .Fort Worth Gear & Axle Robertson Fleet Equipment 7. Carburetor Repair California Custom Garage Dick Smith, Inc. Forbes Rebuilt Automotive Parts Fort Worth Auto Supply Hank & Charlie's 8. Air Conditioner Work Bob Wilkerson Battery & Air Conditioner Chandlers Auto Air Conditioning DEW Enterprises 9. Fuel Pump Repair, Fuel Dispensing AAA Pump Service Inc. Gene Hill Equipment Co. Taylor Sales Co. 10. Automotive Repair, General Chandler Enterprises, Inc. Clarence Cornish Automotive Service Cummins Southern Plains, Inc. DEW Enterprises Jack Williams Chevrolet Longhorn Dodge, Inc. Roden Truck Parts Truck Sales and Service West Loop Dodge Williams Chrysler/Plymouth 11. Valve & Head Grinding, Automotive Machining DEW Enterprises Dick Smith, Inc. Robertson Fleet Equipment Shaw Brothers Motor Services 12. Engine Analysis/Tune Up Cummins Sales and Service Jack Williams Chevrolet Longhorn Dodge, Inc. Texas Motor Company West Loop Dodge Williams Chrysler/Plymouth 13. Spring Repair Bucks Wheel and Equipment Company Fort Worth Champion Spring Ray's Champion Spring 14. Ford Automotive Repair Service Charlie Hillard Ford Texas Motor Company 15. Speedometer Repair B & W Speedometer Repair Borg Speedometer and Radio Repair Dick Smith, Inc. 16. Brake Repair Bucks Wheel and Equipment Company Cox's Auto Brake & Alignment Ogburn's Brake & Equipment Redi-Services Winters S & S Brake Services Minutes of City Council N-3 Page 59 M&C P-3702 cont. M&C P-3702 adopte, M&C P-3703 re purchase agreemen with Beall Trans- portation to . supply flex base crushed limestone TUESDAY SEPTEMBER 19, 1989 17. Tool Repair Ace Equipment Repair, Inc. Air & Electric Tool Co., Inc. Dahl Tool & Equipment Co. Hydro -Pneumatic Service, Inc. Keller Machine & Manufacturing Leonard's Farm & Ranch Store Store Tool & Supply - Texas Products, Division U.E.C. Equipment Company 18. Car Detail and Cleanup Classic Detail Haltom City Car Wash Johnson's Auto Center Lasting Detail Lusters McCart Car Wash Professional Auto Cleaning Red Carpet Car Wash Renzel Blvd. Car Wash DISCUSSION: The implementation of the latest purchasing procedures allowed the various City departments greater flexibility in handling the purchases of lower dollar repair services, those $250.00 or less. However, it is not always practical nor dollar efficient to obtain three competitive bids. For example, it is not practical to carry a transmission to three vendors who would have to disassemble the transmission to determine failed components and the repair cost. Also, most vendors would assess a tear down and reassembly fee. Therefore, the rotating vendor list was devised. The first job would be assigned to the first vendor, the second to vendor number (2) two, and so on until the list has been completed an then start with number one again. The vendor list could change as qualified local vendors request to be added and as vendors change operations to delete some services or cease business operations. The purchases of less than $50.00 will be paid by a P.I.P. form, purchases of more than $50.00 but less than $250.00 per line will be paid on a local purchase order (L.P.O.). The intent of the rotating vendor list is to utilize multiple local vendors, expedite repairs and maintain standard procedures on purchases of $250.00 or less. However, occasionally the repair will exceed the $250.00 limit for the Local Purchase Order. When that occurs, the division head will submit a requisition to the Purchasing Division requesting a confirming purchase order be issued for the purchase. The requesting department is responsible for following the list, with an employee assigned to log the expenditures and assign the next vendor. Their knowledge and expertise will be utilized to determine the repairs and estimated cost. If the repairs are extensive and would violate the intent of the procedure, the requesting department will not use the vendor list but submit a requisition to the Purchasing Division to obtain bids for the purchase.- Since three bids are not taken for each purchase, it is requested that the Council authorize the use of the rotating vendor program for these purchases. FINANCING: Budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement. All purchase orders issued against this agreement will be reviewed by Purchasing for sufficiency of funds prior to release. It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. P-3702, be adopted. There was presented Mayor and Council Communication No. P-3703 from the City Manager submitting a tabulation of bids received for a purchase agreement to supply flex base crushed limestone to various City departments; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that the purchase agreement be authorized with Beall Transportation on its low bid of the following unit prices: (1) Crushed limestone (2) Crushed limestone Trail (3) Crushed limestone Avenue (4) Crushed limestone Freeway hauled to jobsite hauled to 4100 Columbus hauled to 2500 Brennan hauled to 5000 M.L. King $3.00 + haul rate $6.21 per ton $6.21 per pound $7.01 per ton Minutes of City Council N-3 Page 60 M&C P-3703 cont. M&C P-3704 re purchase of medical and surgi cal services from the Medical and Surgical Clinic for The T M&C P-3705 re 11 purchase of parking passes from Texasl� Stadium Corporation for The T 11 M&C P-3706 was withdrawn from the agenda M&C L-9912 re contract with Kenneth Humphries for the removal of improvements and debris M&C L-9913 re contract with Briggs and Sons Wrecking Company M&C L-9914 re acquisition of Land M&C L-9915 re 11 acquisition of land M&C L-9916 re acquisition of land M&C L-9917 re acquisition of permanent and temporary easement: TUESDAY, SEPTEMBER 19, 1989 It was also recommended that the term of agreement begin September 21, 1989, and end September 20, 1990; and that all departments be authorized to participate in the agreement, if needed. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. P-3704 from the City Manager stating that the Medical & Surgical Clinic performs all pre-employment physicals and annual examinations for The T; that, because the work performed is a professional service, this procurement was negotiated pursuant to City of Fort Worth Purchasing Policy; that funds are available in Bus System Fund 44, Account No. 26-10-01, Index Codes 361600, 360412, 365759, and 369967; and recommending that the City Council ratify the purchase of medical and surgical services from the Medical & Surgical Clinic for The T for an amount not to exceed $50,000.00. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. P-3705 from the City Manager stating that The T will be running shuttles to all of the home football games at Texas Stadium; that this procurement is for the parking fees at the stadium and is paid in two installments, FY 89 ($1,360.00), and FY 90 ($4,760.00); that funds are available in Bus System Fund 44, Account No. 26-10-01, Index Code 368340; and recommending that the City Council ratify the purchase of parking passes from Texas Stadium Corporation for The T in an amount not to exceed $6,120.00. It was the consensus of the City Council that the recommendation be adopted. It was the consensus of the City Council that Mayor and Council Communication No. P-3706, Professional Services Contract for Advertising Services for The T (Main Station Unlimited), be withdrawn from the agenda. There was presented Mayor and Council Communication No. L-9912 from the City Manager stating that Lot 29, Block 29, Lake Worth Lease Survey, also known as 8605 Heron Drive, and Griggs Farm Lease, located at the 3100 Block of Silver Creek Road, are not under lease at this time; that located on Lot 29, Block 29, is a dilapidated garage, well house, and burned -out house; that located on the Griggs Farm Lease is a dilapidated barn; that all of these buildings are unhabitable and irrepairable and should be demolished; that the Real Property Management Department received bids for all improvements from these properties and plugging of the water well; that funds are available in Lake Worth Trust Fund No. 70, Project No. 001-901-00, Index Code 213652; and recommending that the City Manager be authorized to contract with Kenneth Humphries for the removal of improvements and debris from the sites listed above in the amount of $5,450.00. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. L-9913 from the City Manager stating that the property located at 3812 Miller Street was purchased by the City for the Pedestrian Access Easement/Right-of-Way for the Eastland Elementary School Project; that the only bid submitted for demolition was from Briggs and Sons in the amount of $3,350.00; and recommending that the City Manager be authorized to contract with Briggs and Sons Wrecking Company in the amount of $3,350.00 for demolition of improvements located at 3812 Miller Street. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. L-9914 from the City Manager recommending that the City pay a total consideration of $3,000.00 for Lot 3, Block 138, Belmont Park Addition, as recorded in Volume 9226, Page 2073, Deed Records, Tarrant County, Texas; located at 2905 19th Street Northwest; owned by Lake Worth Independence School District and required for Northwest 19th/Macie Street and Drainage Improvements. 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. 028843-00, Index Code 699884. There was presented Mayor and Council Communication No. L-9915 from the City Manager recommending that the City pay a total consideration of $500.00 for a rectangularly -shaped strip of land 17.47 feet in depth and 113.5 feet in length from the front and south side of Tract 24, D. Dulaney Survey, Abstract No. 411", as recorded in Volume 7852, Page 140, Deed Records, Tarrant County, Texas; located at 1709 Lizzie Davis; owned by Marshall C. Rainey; and required for Lizzie Davis Street Project 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-9916 from the City Manager recommending that the City pay a total consideration of $185.00 for a rectangularly -shaped strip of land 7.65 feet in width and 95.99 feet in length from the front of Lot 7, Smith and Foster Addition, as recorded in Volume 6074, Page 828, Deed Records, Tarrant County, Texas; same being on the east side of Lot 7, along the Lizzie Davis right-of-way; located at 1741 Vincennes Street; owned by Children of God Full Gospel Faith Assembly Church; and required for Lizzie Davis Street Project 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-9917 from the City Manager, as follows: Minutes of City Council N-3 Page 61 M&C L-9917 cent. acquisition of permanent and temporary easements TUESDAY. SEPTEMBER 19, 1989 SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS (4 TRANSACTIONS) RECOMMENDATION: It is recommended that approval be given for the acquisition of the land and/or easements described below: 1. Project: Sanitary Sewer Main Relocation (M-50 and M-53) Sunshine Hills Addition Type of Acquisition: Permanent and Temporary Easements Description of Land: Permanent Easement - An irregularly shaped strip of land 5 feet, 2.3 feet, and 15 feet in width from the westerly extremity, northerly extremity and midsection of Lot 13A, Sunshine Hills Addition, as described in Volume 9237, Page 508, D.R.T.C.T., as required for a permanent sanitary sewer easement. Temporary Easement - Also required a strip of land adjacent to and lying on the east, north and south sides of the permanent easement as required for a temporary construction easement. Square Feet: Permanent Easement - 1,980.6 Temporary Easement - 1,704.0 Zoning: "D" Multi -Family Description of Improvements: None in the taking Parcel No.: 3 Consideration: $1.00 Location: 3429 Crenshaw Owner: L. B. Medlock et ux Karen H. Medlock Financing: Sufficient funds are available in Sewer Capital Improvements Fund 58, Project No. 017101-00, Sanitary Sewer M-50 and M-53. This expenditure will be made from Index Code 698787. Land Agent: Don Shoulders 2. Project: Acquisition of Waterline Easement/Park Glen Addition, Phase II Type of Acquisition: Permanent Utility Easement and Temporary Construction Easement Description of Land: Permanent Utility Easement - Parcel #3 - An "L" shaped strip of land being 6 feet in widt and 1, 18. 5 feet in length out of Tract 3F of the N. Roberts Survey, Abstract No. 1275, as recorded in Volume 7749, Page 1949, Deed Records, Tarrant County, Texas. This strip of land is located along the northern boundary line of the 4900 block of Prewett Road right-of-way, containing 21,300.84 square feet of land, as required for a permanent utility easement. Temporary Construction Easement - A rectangularly shaped strip of land Z5 feet in width being adjacent and parallel to the above described permanent easement, containing 33,584.76 square feet as required for a temporary construction easement. Square Feet: Permanent Easement 21,300.84 Temporary Construction Easement - 23,584.76 Zoning: "B" Two -Family Parcel No.: 3 Consideration: $1.00 Location: 4900 Block of Prewett Road Owner: Freedom Financial Corporation Minutes of City Council N-3 Page 62 TUESDAY, SEPTEMBER 19, 1989 M&C L-9917 cont. Financing: Sufficient funds are available in Water Capital Improvements Fund 09, Project No. 015102-00, Land Acquisition -Water for Park Glen Addition. This expenditure will be made from Index Code 699793. Land Agent: Frances Sargeant 3. Project: Rehabilitation of Sanitary Main M-71. Due to age, the existing lateral has deteriorated to a point that replacement is necessary. Type of Acquisition: Permanent Sanitary Sewer Easement Description of Land: An irregularly shaped strip of land 10 feet in width from the middle portion of Lot C, Block 1, as described in Volume 9050, Page 397, D.R.T.C.T., Colonial Hills Addition. This strip of land is approximately 200 feet in length and crisscrosses said lot from east to west as required for a sanitary sewer easement. Square Feet: 1,938 Zoning: "A" One -Family Description of Improvements: None in the taking Parcel No.: 4 Consideration: 1.00 Location: 2304 Stadium Drive Owner: Joseph A. Ethridge et ux Lillian G. Ethridge Financing: Sufficient funds are available in Sewer Capital Improvements Fund 58, Project No. 58-017061-00. This expenditure will be made from Index Code 698787. Land Agent: Don Shoulders 4. Project: Rehabilitation of Sanitary Main M-71. Due to age, the existing lateral has deteriorated to a point that replacement is necessary. Type of Acquisition: Permanent Sanitary Sewer Easement Description of Land: An irregularly shaped strip of land 10 feet in width from Lot 11, Block 1, Colonial Hills Addition, as described in Volume 2765, Page 148, D.R.T.C.T. This strip of land lies in the southwest corner of said Lot 11 and is 30 feet long, as required for a sanitary sewer easement. 11 Square Feet: 182.67 Zoning: "A" One -Family Description of Improvements: None in the taking Parcel No.: 3 Consideration: $1.00 Location: 2308 Stadium Drive Owner: Judith Grace Halsell Jarrett (trustee for Thad Joel and Virginia Victoria Jarrett) Financing: Sufficient funds are available in Sewer Capital Improvements Fund 58, Project No. 58-017061-00. This expenditure will be made from Index Code 698787. Land Agent: Don Shoulders M&C L-9917 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. L-9917, be adopted. M&C L-9918 re acquisition of There was presented Mayor and Council Communication No. L-9918 from the City land and easement Manager recommending that the City pay a total consideration of $40,000.00 for a rectangularly -shaped right-of-way approximately 27.50 feet in depth and approximately 200 feet in length adjacent to the north property line of Lot 1-R, Block D-1, Bellevue Hill Addition, as recorded in Volume 388-114 Page 824, Deed Records, Tarrant County, Texas; and a triangularly -shaped public open space easement 20 feet in depth and 20 feet in length being adjacent to the southwest corner of the above right-of-way; located at 1501 Hemphill Street; owned by Independent Order of Odd Fellows Lodge Minutes of City Council N-3 Page 63 M&C L9918 cont. M&C C-11871 re agreement with Dikita Engineering to design plans and specifications for the Water and/ or Sanitary Sewer Replacements in Trail Lake Drive M&C C-11872 re contract with Architectural Utilities, Inc. fo Storm Drain Im- provements at Camp Bowie Boulevard from Montgomery to Arch Adams M&C C-11873 rel contract with Carter & Burgess, Inc. in associatio with Dannenbaum Engineering Corp. to prepare plans for an interchange at IH -35W and Eagle Parkway M&C C-11874 re contract with Texas A&M Research Foundation to per- form engineering services required to convert Main- frame PAVER to Micro PAVER TUESDAY SEPTEMBER 19 1989 No. 251; and required for Myrtle Street Assessment Paving. It was the consensus of the City Council that the land and easement be acquired as recommended and that the expenditure be charged to New Development Fund 90, Project No. 136032-00, Index Code 699900. There was presented Mayor and Council Communication No. C-11871 from the City Manager stating that the Transportation and Public Works Department selected Dikita Engineering to design the reconstruction of Trail Lake Drive; that, in order for this project to be advertised with the street reconstruction project, the Water Department is requesting that Dikita Engineering be authorized to provide plans and specifications for Water and/or Sanitary Sewer Replacements in Trail Lake Drive from Woodway to Wedgemont; that the Water Department engineers have reviewed this proposal and found it to be in line with the TSPE curves for the type of design work; and recommending that the City Manager be authorized to execute an engineering agreement with Dikita Engineering to design plans and specifications for the Water and/or Sanitary Sewer Replacements in Trail Lake Drive for a total fee not to exceed $21,338.00; that a bond fund transfer in the amount of $12,500.00 be authorized from Special Assessment Fund 94, Project No. 009905-00, Special Assessments Unspecified, to Street Improvements Fund 67, Project No. 019014-00, Water Replacement Trail Lake Drive; and that a fund transfer in the amount of $9,500.00 be authorized from Water and Sewer Operating Fund 45, Account No. 70-90-20, to Sewer Capital Improvement Fund 58, Project No 022014-00, Sewer Replacement Trail Lake Drive. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. C-11872 from the City Manager stating that the Transportation and Public Works Department staff determined that a water seepage problem located in front of the Texas College of Osteopathic Medicine on Camp Bowie Boulevard had developed into a health and safety hazard; that engineering plans and specifications were prepared to construct a storm drainage system from Montgomery to Arch Adams for the purpose of transporting this water to a nearby existing drainage system; that the proposed re -bricking of Camp Bowie Boulevard from Montgomery to Boland will be temporarily delayed until the storm drainage improvements are completed and discharged into the proposed system; that the City Manager was authorized on April 18, 1989, to execute a contract with the low bidder Harper -Rambo Contracting, Inc., in the amount of $122,437.06 but Harper -Rambo was unable to secure necessary maintenance and performance bonds as required by the bid documents; that the second low bidder also was unable to obtain required bonding; that the City Council rescinded the award of contract for Harper -Rambo Contracting, Inc., and authorized staff to re -advertise the project for bids on August 22, 1989; that the project was re -advertised on July 20 and 27, 1989, and bids were received on August 10, 1989; and recommending that the City Manager be authorized to execute a contract with Architectural Utilities, Inc., for Storm Drain Improvements at Camp Bowie Boulevard from Montgomery to Arch Adams in the amount of $153,641.96; and authorize a bond fund transfer in the amount of $31,204.90 from 30-025310-00, Camp Bowie Boulevard Unit II, to 30-028869-00, Camp Bowie, Montgomery to Arch Adams, to provide funds for construction. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. C-11873 from the City Manager stating that the City Council accepted State Department of Highways and Public Transportation Minute Order No. 88114 on January 10, 1989, by Mayor and Council Communication No. G-7889; that the minute order authorized the addition of four new interchanges on IH -35W to the State Department of Highways and Public Transportation's ,oHighway Development Plan; that, subsequently, it was announced that American Airlines would construct a major maintenance facility at Alliance Airport; that the decision was based, in part, upon the City's and State's commitments to have certain infrastructures including the interchanges at Alliance Boulevard and Park Vista Road (also known as Eagle Parkway), in place at the time the maintenance facility opened in mid-1991; that the accelerated construction schedule prompted the State Highway and Public Transportation Commission to issue Minute Order No. 89068 which provides, among other things, that the City will prepare the plans, specifications, right-of-way maps, etc. for the design of Eagle Parkway interchange and associated improvements, and that the State will pay for the construction within the IH -35W right-of-way; that the firm of Carter & Burgess, Inc., in association with Dannenbaum Engineering Corporation, is recommended to undertake the Eagle Parkway interchange design; that Carter & Burgess/ Dannenbaum agrees to comply with the City's MBE/WBE goals and complete the work by February 15, 1990, for a lump -sum fee of $485,000.00; and recommending that the City Manager be authorized to execute an engineering design contract with the firm of Carter & Burgess, Inc., in association with Dannenbaum Engineering Corporation, to prepare plans for an interchange at IH -35W and Eagle Parkway, for a section of Eagle Parkway and for associated ramps and frontage roads for a lump sum fee of $485,000.00 and recommending that a bond fund transfer in the amount of $485,000.00 be authorized from 90-037901-00, Development Adjacent to City Parks, to 90-136112-00, Eagle Parkway (Park Vista) Interchange, to provide funds for consultant's fees. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. C-11874 from the City Manager, as follows: SUBJECT: AWARD OF CONTRACT FOR ENGINEERING SERVICES TO CONVERT MAINFRAME PAVER TO MICRO PAVER RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Texas A&M Research Foundation to perform Minutes of City Council N-3 Page 64 M&C C-11874 cont. TUESDAY, SEPTEMBER 19, 1989 the engineering services required to convert Mainframe PAVER to Micro PAVER for a fee not to exceed $30,000. DISCUSSION: In August of 1985 Street Division initiated the PAVER Pavement Management System (PMS). This is a mainframe based computer program designed to hold and sort information concerning Fort Worth's roadway infrastructure. The mainframe computer is currently located in Kansas City, Missouri, and is operated by Power Computing. In 1985, the system was operated from a computer located in Seattle, Washington by the Boeing Company. It costs approximately $30,000 a year to access this mainframe computer through a timesharing network. In June of this year, Street Division was notified that the mainframe timesharing charges would increase by 40% effective July 1, 1989. In 1985, when the PAVER program was first initiated, micro computers did not have the capability to store the size of database required for an infrastructure the size of Fort Worth's. Since that time the mainframe PAVER programs have been re -written for utilization on micro computers. Also personal computer technology has expanded to a degree where it is possible to maintain a database the size of Fort Worth's on a micro computer. It is expected that the engineering services required to download and configure current programs into a system compatible with micro PAVER will cost approximately $30,000. Hardware required to run micro PAVER and its associated programs will cost an additional $12,500. These costs are equivalent to a one year expenditure for timesharing charges based on the new rates. Micro PAVER and its associated programs will be run by City of Fort Worth personnel. SELECTION OF ENGINEER: The PAVER Pavement Management System was developed by the United States Army Corps of Engineers Research Laboratory. The rights to the program for the public sector were purchased by the American Public Works Association. In 1985 the City of Fort Worth contracted with ERES Consultants, Incorporated of Champagne, Illinois, to implement the PAVER (PMS) program in the City of Fort Worth. Individuals at Texas A&M Research Foundation were involved in the development of the PAVER program, its transfer to the American Public Works Association in the mainframe mode and the development of micro PAVER. They worked with the City of Fort Worth in implementing the PAVER operation. Since these individuals were involved with the implementation of the PAVER system for the City of Fort Worth, they are very familiar with our needs and requirements. In May of this year the Texas A&M Research Foundation submitted a proposal to provide all services required to convert mainframe PAVER to micro PAVER for the City of Fort Worth. Street Division believes it is in the best interest of the City of Fort Worth to contract with the Texas A&M Research Foundation to affect the conversion. ' FINANCING: Sufficient funds are available in General Fund 01, Transportation and Public Works, Account 20-80-01, Street Management and Materials. The expenditure will be made from Index Code 238543. M&C C-11874 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor i and Council Communication No. C-11874, be adopted. M&C C-11875 re II amendment with Freese and Nichols., Inc. to perform additional en- gineering services' in connection with the IH -35W Corridor Studies 11 There was presented Mayor and Council Communication No. C-11875 from the City Manager stating that an engineering contract with Freese and Nichols, Inc., was authorized on February 2, 1988, by Mayor and Council Communication No. C-10774 to undertake various studies in connection with the anticipated development in northern Tarrant County and along the IH -35W Corridor between North Loop 820 and State Highway 114; that the studies involved the extension of the proposed North Tarrant County Freeway from IH -35W to State Highway 199, the extension of the proposed Northpass Freeway (SH 170) from IH -35W westward across Eagle Mountain Lake to State Highway 199, and the interrelationships between existing and proposed interchanges and frontage roads along IH -35W; that the contract was not to exceed $352,399.00; that the third study of the IH -35W Corridor, however, is requiring considerably more work than either the City staff or the consultant had anticipated; that, during the course of the study, the consultant's work has had to be revised many times to reflect new traffic projections, modified ramp configurations, interchange relocations, alternative interchange designs, comments from various State Highway Department offices, additional public meetings, etc.; that the additional cost to complete the IH -35W schematic Minutes of City Council N-3 Page 65 M&C C-11875 cont. M&C C-11876 re Amendment with Ne K. Burleson & Associates, Inc. for additional services in co- nnection with the environmental ass essment of highwa improvements on IH -35W M&C C-11877 re execution of Texas Department of Health Change Order No. 6, Attachment No. 09B M&C C-11878 re amendment to the lease agreement with Atchison, Topeka, and Santa Fe Railway Company for communications service and facil- ity acil-ity M&C C-11879 re contract with Environmental Managers, Inc. fo the development of the City's un- derground Storage Tank Program drawing is $132,698.00; that, in addition, new interest is being expressed for a possible new interchange north of Eagle Parkway; that this new interchange, in the vicinity of Litsey Road, will require the same degree of analyses that was undertaken for the Alliance Boulevard, Nat Gibbs Road, and Eagle Parkway interchanges before the City can make a recommendation to the State Highway Department; that, since Freese and Nichols is performing the original analyses, that firm is in the best position to extend the IH -35W schematic drawing to include the Litsey Road interchange; that Freese and Nichols' proposal for this aspect of the study is $26,120.00 for a total cost of $158,818.00; and recommending that the City Manager be authorized to execute an amendment to City Secretary Contract No. 16264 with the firm of Freese and Nichols, Inc., to perform additional engineering services in connection with the IH -35W Corridor Studies for an additional fee not to exceed $158,818.00, bringing the total fee to be paid under the contract to an amount not to exceed $511,217.00; and recommending that a bond fund transfer in the amount of $1583,818.00 be authorized from 90-037901-00, Development Adjacent to City Parks, to 90-136063-00, IH -35W Corridor Study, to provide funds for consultant's fee. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. C-11876 from the City Manager stating that a contract with the consulting firm of Ned K. Burleson & Associates, Inc., was awarded on March 1, 1988, by Mayor and Council Communication No. C-18023 to undertake an environmental assessment of proposed highway related improvements along IH -35W from State Highway 114 in Denton County to the proposed Northpass Freeway (State Highway 170) in Tarrant County; that, subsequently, an amendment to the contract was authorized by Mayor and Council Communication No. C-11673, May 30, 1989, to reflect changes in the study criteria as furnished by the State Department of Highways and Public Transportation; that the interchanges are required to support the movement of vehicular traffic into and out of the Alliance Airport and adjacent developments; that the environmental assessment report is substantially complete; that the proposed new interchange will require the same degree of analysis that was undertaken for the Alliance Boulevard and Eagle Parkway interchanges in order for the City to be able to make a recommendation to the SDHPT; that, inasmuch as Ned K. Burleson & Associates performed the basic environmental analysis, and the firm is in the best position to extend the environmental assessment to include the proposed new interchange, the consultant proposes to perform the additional work for a lump sum fee of $16,080.00; and recommending that the City Manager be authorized to execute an amendment to City Secretary Contract No. 16286, as amended, with Ned K. Burleson & Associates, Inc., for additional services in connection with the environmental assessment of highway improvements on IH -35W from State Highway 114 to State Highway 170, increasing the consultant's fee by $15,080.00, and recommending that a bond fund transfer in the amount of $16,080.00 be authorized from 90-136901-00, New Development Unspecified, to 90-136065-00, IH -35W Corridor Environmental Study - Unit II, to provide funds for consultant's fees. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. C-11877 from the City Manager stating that efforts to reduce the number of tuberculosis cases have intensified, increasing the number of field visits to 2,085 and home visits to 15,640 annually; that this increase in program activity has produced more records necessitating an improved filing system; that the new system will be composed of rotating file cabinets which will enable transition of the present records system to a color -coded numerical filing system which will make possible an efficient transfer and retrieval system for all records in the program; that Council approved the execution of a Texas Department of Health Change No. 6, Attachment No. 09B on August 8, 1989; that the budget shown on the Mayor and Council Communication was typed incorrectly; and recommending that the City Manager be authorized to execute Texas Department of Health Change No. 6, Attachment No. 09B, increasing funding by $6,900.00 for the program year September 1, 1988, through August 31, 1989; and that the Accounting Division of the Finance Department, subject to funding agency approval and the City Manager's acceptance of the grant, be authorized to increase Grant Project Account No. 301426 by $6,900.00 upon receipt of an executed contract. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. C-11878 from the City Manager stating that, following City Council approval of the contract with Atchison, Topeka, and Santa Fe Railway Company for communications service between its Haslet and downtown Fort Worth locations, AT&SF decided to cease operations at the downtown location, making it necessary to alter the description of the contracted services; that the City will continue to lease fenced -in area for one six-foot by eight -foot equipment building and tower space for four radio antennas at the Haslet location, with 15 communication circuits to be deleted; that the City will acquire 15 leased lines from Southwestern Bell Telephone from the Haslet location to downtown Fort Worth, instead of leasing microwave channels from AT&SF; stating that funds are provided in FY 89-90 budget of Communications Fund 68, Account No. 04-60-02 to cover the costs; and recommending that the City Manager be authorized to execute an amendment to the lease agreement with Atchison, Topeka, and Santa Fe Railway Company for communications service. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. C-11879 from the City Manager, as follows: SUBJECT: ENGINEERING CONTRACT WITH ENVIRONMENTAL MANAGERS, INC. FOR THE DEVELOPMENT OF CITY'S UNDERGROUND STORAGE TANK PROGRAM Minutes of City Council N-3 Page 66 M&C C111879ccont. TUESDAY, SEPTEMBER 19, 1989 RECOMMENDATION: It is recommended that the City Council: 1. Approve the transfer of $346,000 from the Capital Projects Reserve Fund 10, Project No. 010001-00 Unspecified, to Specially Funded Capital Projects Fund 35, Project No. 021100-00, Underground Storage Tanks; and 2. Authorize the City Manager to execute an engineering contract with Environmental Managers, Inc. (EMI), a local firm, for the development of the City's Underground Storage Tank Program for a cost not to exceed $346,000. NEED FOR A CONSULTING FIRM: The attached I.R. was presented to Council on March 7, 1989 outlining the requirements which the Texas Water Commission (TWC) and Environmental Protection Agency (EPA) have adopted addressing Underground Storage Tanks (USTs). Because of the extent and complexity of complying with the regulations, it was recommended to and supported by Council that staff develop a request for proposal (RFP) to obtain an outside engineering and consulting firm with extensive knowledge and experience in USTs. On August 22, 1989 staff recommended an engineering firm which, based on staff's review, submitted the proposal which best met the needs of the City. However, Council denied the recommendation and instructed staff to begin negations with the second firm. Based on these negations staff has concluded the firm of Environmental Managers, Inc. (EMI) can provide an UST program which will enable the City to comply with the EPA and TWC regulations. PROJECT DESCRIPTION: Under this contract EMI will assist the City as well as the Fort Worth Transportation Authority in developing an Underground Storage Tank Management Program for the 120 USTs located at 56 sites. The scope of work will include tank inventories, soil resistivity, development of a compliance plan, preparation of general specifications and contract documents, and oversight of tank remediation. In general the scope of work consists of two phases. Phase I cost will not exceed $175,000. Phase II involves the oversight and implementation of the tank remediation program. The cost of Phase II shall be on the basis of actual time -related cost equal to the total number of hours worked on the project by each employee, multiplied by the billing rate for each employee. The exact cost of Phase II cannot be determined at this time. Therefore, staff is requesting an allowance of $171,000 be included in this contract. As a result of the adoption of H.B. 1588 during the Regular Session of the 71st Legislature, the City will most likely be able to recover some of the costs associated with this project. This bill, which became effective September 1, 1989, created a petroleum storage tank remediation fund by requiring each operator of a bulk petroleum facility to collect a fee on the removal of a petroleum product from a bulk facility storage tank for delivery directly into a cargo tank or a barge being transported to another location with corrective actions taken on underground storage tanks in amounts above $10,000 and below $1 million for each occurrence. The owner or operator will be responsible for cost up to $10,000 and above $1 million. Equipment Services has also budgeted $274,000 in FY 89-90 to assist in remediation work. The maximum fee to be paid to EMI for all services, including incidentals or out of pocket expenses directly related to the work, shall not exceed $346,000. Any amount above this figure will require a contract amendment and Council approval. The engineering firm has complied with the City's MBE/WBE Policy. The Fort Worth Transportation Authority will be responsible for all costs associated with their USTs. FINANCING: Sufficient funds are available for transfer from the Capital Projects Reserve Fund 10, Project No. 010001-00, Unspecified, Cash Balance ($346,000). Upon completion of the transfer in Recommendation 1, sufficient funds will be available in Specially Funded Capital Projects Fund 35, Project No. 021100-00, Underground Minutes of City Council N-3 Page 67 F 7 i6 M&C C-11879 cont. Storage Tanks, for the development of the storage tank program. Expenditures will be made from Index Code 604629. The cash balance in Capital Projects Reserve Fund 10, Project No. 010001-00, Unspecified, will be $2,881,127 after this transfer. M&C FP -2614 re I There was presented Mayor and Council Communication No. FP -2614 from the City complete assessmen Manager stating that Lincoln Avenue Assessment Paving from West Long to 30th Street has paving of Lincoln been completed in accordance with plans and specifications under Contract No. 16727 Avenue from West awarded to Walt Williams Construction, Inc., on October 11, 1988; and recommending that Long to 30th to the City Council accept as complete the assessment paving of Lincoln Avenue from West Walt Williams Con- Long to 30th Street; authorize final payment in the amount of $17,067.92 to Walt struction Williams Construction, Inc.; approve the final assessment rolls; and authorize the issuance of certificates in evidence of the special assessments levied against the abutting property owners of Lincoln Avenue (West Long to 30th Street). It was the consensus of the City Council that the recommendations be adopted. M&C FP -2615 re complete HMAC Surface Recycling 88-6 Street Im- provements to Austin Paving Company There was presented Mayor and Council Communication No. FP -2615 from the City Manager stating that HMAC Surface Recycling 88-6 Street Improvements have been completed in accordance with plans and specifications under Contract No. 16732 awarded ,to Austin Paving Company on October 18, 1988; and recommending that the City Council accept as complete final payment for HMAC Surface Recycling 88-6 Street Improvements and authorize final payment in the amount of $28,911.79 to Austin Paving Company, with funds available in Contract Street Maintenance Fund 93, Retainage Account No. 205-016732. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2616 re There was presented Mayor and Council Communication No. FP -2616 from the City complete replace- Manager stating that the Replacement and Relocation of Sanitary Sewer Main 129 has been ment and reloca- completed in accordance with plans and specifications under Contract No. 17037 awarded tion of sanitary to Larry Jackson Construction on April 11, 1989; and recommending that the City Council sewer main 129 to accept as complete the Replacement and Relocation of Sanitary Sewer Main 129 and Larry Jackson authorize final payment in the amount of $17,045.22 to Larry Jackson Construction, with Construction funds available in Sewer Capital Improvement Fund 58, Project No. 017028-00, Retainage No. 205-017037, Index Codes 658815 and 000588, respectively. It was the consensus of the City Council that the recommendations be adopted. It appearing to the City Council that Ordinance No. 10358 was adopted on Benefit Hearing August 15, 1989, setting today as the date for the benefit hearing in connection with assessment paving the assessment paving of East Seminary Drive from Evans Avenue to Berke Road and that of East Seminary notice of the hearing has been given by publication in the Fort Worth Star -Telegram, Drive from Evans the official newspaper of the City of Fort Worth, Texas, on August 18, 21, and 22, Avenue to Berke 1989, Mayor Bolen asked if there was anyone present desiring to be heard. Road Attention of the City Council was called to Mayor and Council Communication M&C G-8216 No. G-8216, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF EAST SEMINARY DRIVE FROM EVANS AVENUE TO BERKE ROAD RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, finding that in each case the abutting property is specially benefited in enhanced value in an amount equal to or greater than the amount assessed for the improvements of East Seminary Drive from Evans Avenue to Berke Road. DISCUSSION: The 1986-88 Capital Improvement Program approved in March 1986 included funds for the improvement of East Seminary Drive from Evans Avenue to Berke Road. This portion of East Seminary Drive is abutted by commercial property on both sides of the street. The State Department of Highways and Public Transportation (SDHPT), as Minutes of City Council N-3 Page 68 On motion of Mayor Pro tempore Gilley, seconded by Council Member Garrison, the recommendations, as contained in Mayor and Council Communication No. C-11879, were adopted. M&C FP -2613 re complete contract There was presented Mayor and Council Communication No. FP -2613 from the City for six-inch water Manager stating that the contract for six-inch water main replacement, and six-inch and main replacement eight -inch sanitary sewer replacement in Bright Street from East Berry Street to Crenshaw Street has been completed in accordance with plans and specifications under Contract No. 17041 awarded to Steed, Inc., on April 18, 1989; and recommending that the City Council accept as complete the contract for six-inch water main replacement, and six-inch and eight -inch sanitary sewer replacement in Bright Street from East Berry Street to Crenshaw Street and authorize final payment in the amount of $47,036.43 to Steed, Inc., with funds available in Water Capital Improvement Fund 53, Project No 017046-00, Retainage No. 205-017041 and Contract Encumbrance No. 017041, Sewer Capital Improvement Fund 58, Project No. 017024-00, Index Codes 620153, 000539, 658815, and 000588, respectively. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2614 re I There was presented Mayor and Council Communication No. FP -2614 from the City complete assessmen Manager stating that Lincoln Avenue Assessment Paving from West Long to 30th Street has paving of Lincoln been completed in accordance with plans and specifications under Contract No. 16727 Avenue from West awarded to Walt Williams Construction, Inc., on October 11, 1988; and recommending that Long to 30th to the City Council accept as complete the assessment paving of Lincoln Avenue from West Walt Williams Con- Long to 30th Street; authorize final payment in the amount of $17,067.92 to Walt struction Williams Construction, Inc.; approve the final assessment rolls; and authorize the issuance of certificates in evidence of the special assessments levied against the abutting property owners of Lincoln Avenue (West Long to 30th Street). It was the consensus of the City Council that the recommendations be adopted. M&C FP -2615 re complete HMAC Surface Recycling 88-6 Street Im- provements to Austin Paving Company There was presented Mayor and Council Communication No. FP -2615 from the City Manager stating that HMAC Surface Recycling 88-6 Street Improvements have been completed in accordance with plans and specifications under Contract No. 16732 awarded ,to Austin Paving Company on October 18, 1988; and recommending that the City Council accept as complete final payment for HMAC Surface Recycling 88-6 Street Improvements and authorize final payment in the amount of $28,911.79 to Austin Paving Company, with funds available in Contract Street Maintenance Fund 93, Retainage Account No. 205-016732. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2616 re There was presented Mayor and Council Communication No. FP -2616 from the City complete replace- Manager stating that the Replacement and Relocation of Sanitary Sewer Main 129 has been ment and reloca- completed in accordance with plans and specifications under Contract No. 17037 awarded tion of sanitary to Larry Jackson Construction on April 11, 1989; and recommending that the City Council sewer main 129 to accept as complete the Replacement and Relocation of Sanitary Sewer Main 129 and Larry Jackson authorize final payment in the amount of $17,045.22 to Larry Jackson Construction, with Construction funds available in Sewer Capital Improvement Fund 58, Project No. 017028-00, Retainage No. 205-017037, Index Codes 658815 and 000588, respectively. It was the consensus of the City Council that the recommendations be adopted. It appearing to the City Council that Ordinance No. 10358 was adopted on Benefit Hearing August 15, 1989, setting today as the date for the benefit hearing in connection with assessment paving the assessment paving of East Seminary Drive from Evans Avenue to Berke Road and that of East Seminary notice of the hearing has been given by publication in the Fort Worth Star -Telegram, Drive from Evans the official newspaper of the City of Fort Worth, Texas, on August 18, 21, and 22, Avenue to Berke 1989, Mayor Bolen asked if there was anyone present desiring to be heard. Road Attention of the City Council was called to Mayor and Council Communication M&C G-8216 No. G-8216, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF EAST SEMINARY DRIVE FROM EVANS AVENUE TO BERKE ROAD RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, finding that in each case the abutting property is specially benefited in enhanced value in an amount equal to or greater than the amount assessed for the improvements of East Seminary Drive from Evans Avenue to Berke Road. DISCUSSION: The 1986-88 Capital Improvement Program approved in March 1986 included funds for the improvement of East Seminary Drive from Evans Avenue to Berke Road. This portion of East Seminary Drive is abutted by commercial property on both sides of the street. The State Department of Highways and Public Transportation (SDHPT), as Minutes of City Council N-3 Page 68 M&C G-8216 cont. benefit hearing rs. Martha Lunday e M&C G-8216 r. Lamar Stuckert r. re M&C G-8216 r. Aaron Rasti e M&C G-8216 (39 TUESDAY, SEPTEMBER 19 1989 part of the I-35 improvements, improved East Seminary Drive from I -35W to Evans Avenue and created an additional lane on the south side of East Seminary Drive which extends approximately 260 feet east of Evans Avenue. The improvement by the SDHPT is an 8" concrete pavement that is relatively new and will not be replaced. The SDHPT also constructed new concrete curbing and three driveway approaches within the 260 foot limit. Since these improvements are in place and will remain so, and there was no City cost sharing involved, the property owners for Southland Terrace Addition, Block DR, Block 4R, Lots A and 2, were credited with those improvements and were assessed only for the proposed improvements to these properties under the City's standard policy. As a result, the paving rate per foot was reduced from $51.00/FF to $7.65/FF for Block DR and Block 4R, Lot A, and to $15.81 for 107 linear feet of Block 4R, Lot 2. On August 15, 1989 (M&C G-8164), the City Council awarded the construction contract and established September 19, 1989, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, V.A.C.S. This project is located in Council District No. 8. PROJECT DESCRIPTION: STREET LIMITS WIDTH/FEET ROW WIDTH/FEET Variable, Variable, East Seminary Evans Avenue 60 feet minimum 80 feet minimum Drive to Berke Road PROPOSED IMPROVEMENTS: It is proposed to improve East Seminary Drive by constructing a 7" thick reinforced concrete pavement with a 7" high attached concrete curb on a 6" cement stabilized subgrade so that the finished roadway width will be variable on a variable right-of-way. Six inch thick concrete driveway approaches and four inch thick concrete sidewalks will be constructed where shown on the plans. Appropriate storm drainage facilities will also be installed as part of the project. ASSFSSMFNTS An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. The independent appraisal substantiates that, as a result of the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment. Based on standard city policy, the low bid prices, and the advice of the independent appraiser, the cost to the property owners for their share of the construction has been computed at $285,077.53 (44%) and the cost to the City for Fort Worth, at $359,062.47 (56%). Mrs. Martha Lunday, representing the Department of Transportation and Public Works, appeared before the City Council and gave a staff report and requested that the benefit hearing on the assessment paving of East Seminary Drive from Evans Avenue to Berke Road be continued for one week inasmuch as the City's expert witness is unable to attend the meeting today. Mr. Lamar Stuckert, Jr., representing the owners of property at 1155 East Seminary and 1320 East Seminary Drive, Block B, Lot 2B and 3B, Carter Park Addition, which property is adjacent to Seminary Drive from Evans Avenue to Berke Road, appeared before the City Council and expressed opposition to the assessment paving. Mr. Aaron Rasti, owner properties adjacent to Seminary Drive, appeared before the City Council and expressed opposition to the assessment paving of East Seminary Drive from Evans Avenue to Berke Road. There being no one else present desiring to be heard in connection with the assessment paving of East Seminary Drive from Evans Avenue to Berke Road, Council Member Chappell made a motion, seconded by Council Member.Murrin, that the hearing be continued from day to day and from time to time and expecially to the regularly scheduled meeting of September 26, 1989, to give every interested person or citizen opportunity to be heard and, when the motion was put to a vote by the Mayor, it prevailed unanimously. Minutes of City Council N-3 Page 69 Mrs. Virginia Noah re across- the-board increase for all City em- ployees Introduced an Ordinance Ordinance No. 10363 TUESDAY, SEPTEMBER 19, 1989 It appearing to the City Council that on September 12, 1989, the City Council continued the hearing in connection with the proposed budget for the 1989-90 fiscal year until the next 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. Mrs. Virginia Noah, 3904 Menzer Road, appeared before the City Council and requested that the City Council give favorable consideration to an across-the-board increase for all City employees. There being no one else present desiring to be heard in connection with the proposed budget, the hearing was closed. It appearing to the City Council that the City Council adopted Resolution No. 1466 on September 12, 1989, set today as the date for hearing in connection with the proposed tax rate and that notice of the hearing has been published in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, on September 14, 1989, Mayor Bolen asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the proposed 1989-90 tax rate, the hearing was closed. Council Member Garrison introduced an ordinance and made a motion that it be 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 Zapata, Garrison, Granger, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: ORDINANCE NO. 10363 AN ORDINANCE SETTING FORTH AN ITEMIZED ESTIMATE OF THE EXPENSE OF CONDUCTING EACH DEPARTMENT, DIVISION AND OFFICE OF THE MUNICIPAL GOVERNMENT OF THE CITY OF FORT WORTH FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 1989, AND ENDING SEPTEMBER 30, 1990, AND APPROPRIATING MONEY FOR THE VARIOUS FUNDS AND PURPOSES OF SUCH ESTIMATE; APPROPRIATING MONEY TO PAY INTEREST AND PRINCIPAL SINKING FUND REQUIREMENT ON ALL OUTSTANDING INDEBTEDNESS; PROVIDING FOR PUBLIC HEARINGS UPON THIS ORDINANCE BEFORE THE ENTIRE CITY COUNCIL SITTING AS A COMMITTEE OF THE WHOLE; AND PROVIDING A SAVINGS CLAUSE FOR THE REPEAL OF ALL ORDINANCES AND APPROPRIATIONS IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; AND FOR THE PUBLICATION AND FINAL PASSAGE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the appropriation for the ensuing fiscal year beginning October 1, 1989, and ending September 30, 1990, for the different departments and purposes of the City of Fort Worth be fixed and determined as follows: I. GENERAL FUND 1. Mayor and City Council $ 232,032 2. City Manager 1,023,596 3. Office of Management Services 1,037,118 4. Information Systems and Services 5,099,924 5. Housing and Human Services 1,607,502 6. Development 2,794,717 7. Human Relations 272,551 8. Employment and Training 8,030 Minutes of City Council N-3 Page 70 TUESDAY. DAY SEPTEMBER 19 1989 Ordinance No. 9. Internal Audit 530,476 10363 cont. 10. City Secretary 459,563 11. Law 1,776,236 12. Finance 2,982,671 13. Personnel 1,699,394 14. Risk Management 451,635 15. Real Property Management 277,778 16. Transportation and Public Works 24,767,394 17. City Services 1,735,781 18. Planning and Growth Management 1,066,659 19. Public Events and Facilities 2,291,127 20. - Police 56,456,334 21. Fire 35,836,908 22. Municipal Court 3,240,936 23. Public Health 5,685,701 24. Park and Recreation 14,137,821 25. Library 6,757,250 26. Non -Departmental 9,670,562 27. Debt Service 44,413,107 GENERAL FUND TOTAL $226,312,803 II. RETIREMENT ADMINISTRATION FUND The Retirement Administration Fund shall be provided with such revenue as may be secured through the complete reimbursement of expenditures from the Retirement Fund and other sources as shown by other ordinances heretofore passed, and such money shall be used to meet the requirements of that department as provided in the budget of the City Manager, which includes a total Retirement Administration Fund appropriation of $222,372. III. CULTURE AND TOURISM FUND The Culture and Tourism Fund shall be provided with such revenue as may be secured from the Hotel/Motel Occupancy Tax and other sources as shown by other ordinances heretofore passed, and such money shall be used to meet the requirements of that department as provided in the budget of the City Manager, which includes a total Culture and Tourism Fund appropriation of $3,050,027. IV. TEMPORARY LABOR FUND The Temporary Labor Fund shall be provided with such revenue as may be secured from the in-house charges to City departments for the provision of temporary labor and other such sources as shown by other ordinances heretofore passed, and such money shall be used to meet the requirements of that department as provided in the budget of the City Manager, which includes a total Temporary Labor Fund appropriation of $561,853. V. MUNICIPAL GOLF COURSE FUND The Municipal Golf Course Fund shall be provided with such revenue as may be secured from the Pecan Valley, Rockwood, Z. Boaz, Meadowbrook and Sycamore Creek Golf Courses and other sources as shown by other ordinances heretofore passed, and such money shall be used to meet the requirements of that department as provided in the budget of the City Manager, which includes a total Municipal Golf Course Fund appropriation of $4,402,461. VI. AIRPORTS FUND The Aviation Department shall be provided with such revenue as may be secured from the various sources included in the budget of the City Manager, and such money shall be used to meet Minutes of City Council N-3 Page 71 Ordinance No. 10363 cont. TUESDAY SEPTEMBER 19 1989 the requirements of that department as provided in the budget of the City Manager, which includes a total Airports Fund appropriation of $1,753,657. VII. WATER AND SEWER FUND The Water and Sewer fund shall be provided with such revenue as may be secured form the sale of water, sewer services and other sources as shown by other ordinances heretofore passed, and such money shall be used to meet the requirements of that department as provided in the budget of the City Manager, which includes a total appropriation for the Water and Sewer Fund of $114,838,578. VIII. MUNICIPAL PARKING FACILITIES FUND The Municipal Parking Facilities fund shall be provided with such revenues as may be secured from commercial off-street parking to employees and citizens and commercial office space leases in the Municipal Parking Garage and other sources as shown by other ordinances heretofore passed, and such money shall be used to meet the requirements of that department as provided in the budget of the City Manager, which includes a total Municipal Parking Facilities Fund appropriation of $266,696. IX. OFFICE SERVICES FUND The Office Services Fund shall be provided with such revenue as may be secured from the in-house charges to City departments for the provision of microfilming and office copying services, plus other in-house functions such as the messenger and motor pool service, the stationery stores service, and other sources as shown by other ordinances heretofore passed, and such money shall be used to meet the requirements of that department as provided in the budget of the City Manager, which includes a total Office Services Fund appropriation of $695,783. X. EQUIPMENT SERVICES FUND The Equipment Services Fund shall be provided with such revenue as may be secured from charges for the performance of maintenance and operations functions at the City's seven service centers plus on-site maintenance work performed at the City's landfills, and other sources as shown by other ordinances heretofore passed, and such money shall be used to meet the requirements of that department as provided in the budget of the City Manager, which includes a total Equipment Services Fund appropriation of $12,299,513. XI. REPROGRAPHICS FUND The Reprographics Fund shall be provided with such revenue as may be secured from the in-house charges to City departments for the provision of printing, binding, graphic arts service, and other sources as shown by other ordinances heretofore passed, and such money shall be used to meet the requirements of that department as provided in the budget of the City Manager, which includes a total Reprographics Fund appropriation of $751,910. XII. SOLID WASTE FUND The Solid Waste Fund shall be provided with such revenue as may be secured from the collection of municipal solid waste and other sources as shown by other ordinances heretofore passed, and such money shall be used to meet the requirements of that department as provided in the budget of the City Manager, which includes a total appropriation for the Solid Waste Fund of $13,746,399. XIII. COMMUNICATIONS FUND The Communications Fund shall be provided with such revenue as may be secured from the in-house transfers from City departments for the provision of basic telephone line service, maintenance of telephone lines and instruments, and lease/purchase of telephone instruments and other equipment and other such sources as shown by other ordinances heretofore passed, and such money shall be used to meet the requirements of that department as provided in the budget of the City Manager, which includes a total Communications Fund appropriation of $2,126,556. Minutes of City Council N-3 Page 72 TUESDAY, SEPTEMBER 19, 1989 Ordinance No. II XIV. LAKE WORTH TRUST FUND 10363 cont. The Lake Worth Trust Fund shall be provided with such revenues as may be secured from sales and leases of Lake Worth properties and other sources as shown in the budget of the City Manager, and such money shall be used to meet requirements of Lake Worth properties as provided in the budget of the City Manager, which includes a total Lake Worth Trust Fund appropriation of $432,940. XV. CABLE COMMUNICATIONS OFFICE The Cable Communications Office shall be provided with such revenue as may be secured from the various sources included in the budget of the City Manager, and such money shall be used to meet the requirements of that department as provided in the budget of the City Manager, which includes a total Cable Communications Office appropriation of $607,269. XVI. PROPERTY AND CASUALTY INSURANCE FUND The Property and Casualty Insurance Fund 71 shall be provided with such revenue as may be secured from the City contributions from each operating fund and from the various sources included in the budget of the City Manager, and such money shall be used to meet the requirements of the Property and Casualty Insurance Fund as provided in the budget of the City Manager, which includes a total Fund 71 appropriation of $1,615,761. XVII. WORKERS' COMPENSATION INSURANCE The Workers' Compensation Fund 73 shall be provided with such revenue as may be secured from the City contributions from each operating department and from the various sources included in the budget of the City Manager, and such money shall be used to meet the requirements of the Workers' Compensation Insurance Fund as provided in the budget of the City Manager, which includes a total Fund 73 appropriation of $6,007,377. XVIII. HEALTH INSURANCE FUND The Health Insurance Fund 85 shall be provided with such revenue as may be secured from the City contributions from each operating department, from contributions from employees and retirees, and from the various sources included in the budget of the City Manager, and such money shall be used to meet the requirements of the Health Insurance Fund as provided in the budget of the City Manager, which includes a total Fund 85 appropriation of $20,687,242. XIX. UNEMPLOYMENT COMPENSATION The Unemployment Fund 86 shall be provided with such revenue as may be secured from the City contributions from each operating department and from the various sources included in the budget of the City Manager, and such money shall be used to meet the requirements of the Unemployment Compensation Insurance Fund as provided in the budget of the City Manager, which includes a total Fund 86 appropriation of $325,000. SECTION 2. That the distribution and division of the above named appropriations be made in accordance with the budget of expenditures submitted by the City Manager and as revised by the City Council in accordance with the provisions of the City Charter and adopted by the City Council, which budget is made a part of this ordinance by reference thereto and shall be considered in connection with the expenditures of the above appropriations. SECTION 3. That on Tuesday, August 15, 1989, the City Manager presented to the City Council his budget estimate; that the City Council of the City of Fort Worth shall sit as a committee of the whole in the Council Chamber at the City Hall in the City of Fort Worth on the 22nd day of August, A.D. 1989, at 10:00 o'clock A.M., to hear any complaints, suggestions or observations that any citizen, taxpayer or party interested may desire to make with reference to any or all the provisions of this ordinance; and that such committee shall continue its deliberations from time to time and day to day until the public has been given a full opportunity to be heard. Minutes of City Council N-3 Page 73 Ordinance No. 10363 cont. TUESDAY SEPTEMBER 19 1989 SECTION 4. That following the commencement of the public hearings for which provision has been made in the preceding section, this ordinance shall be published two times, one of which publications shall not be less than ten (10) days before the second reading and final passage of the ordinance, in the official newspaper of the City of Fort Worth, which newspaper is one of general circulation in said City. SECTION 5. That this ordinance shall not be presented for final passage until ten (10) full days have elapsed after its publication, as provided by the Charter of said City. SECTION 6. That should any part, portion, section or part of a section of this ordinance be declared invalid or inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way affect the remaining portions, parts, sections or parts of sections of this ordinance, which provisions shall be, remain and continue to be in full force and effect. SECTION 7. That all ordinances and appropriations for which provisions have heretofore.been made are hereby expressly repealed if in conflict with the provisions of this ordinance. SECTION 8. That this ordinance shall take effect and be in full force and effect from and after the date of its passage and publication as required by the Charter of the City of Fort Worth, and it is so ordained. SCHEDULE OF CHANGES MADE BY THE CITY COUNCIL TO THE CITY MANAGER'S PROPOSED 1989-90 BUDGET General Fund Explanation of Revenue Changes: Original General Fund Revenue Estimate: $226,312,805 General Property Taxes: Original Estimate $135,415,490 Revised Estimate $135,393,550 This decrease is due to an adjust- ment in the anticipated delinquency rate (-$21,940). -$ 21,940 Sales Tax Original Estimate $ 38,400,000 Revised Estimate $ 38,490,000 This increase is due to the anticipa- tion of taking revenue from solid waste collection into the General Fund originally and then transfer- ring it to the Solid Waste Fund (+$90,000). - +$ 90,000 Licenses and Permits Original Estimate $ 19,556,175 Revised Estimate $ 19,566,175 This increase is from the reclassifi- cation of examination fees from user fees to licenses and permits (+$10,000). +$ 10,000 Minutes of City Council N-3 Page 74 Ordinance No. 10363 cont. TUESDAY, SEPTEMBER 19, 1989 Use of Money and Property Original Estimate Revised Estimate This increase is due from increased estimated revenues from operation of the Cowtown Coliseum (+$15,000), the Equestrian Center (+$60,000), and increased interest earnings generated by the addition of an assistant to the City Treasurer (+$75,000). Revenue from Other Agencies Original Estimate Revised Estimate This increase is due to a reclassifi- cation of the payment from the Zoological Association from a user fee to revenue from another agency (+$119,760) and an increase in esti- mated indirect costs available from federal grant programs (+$70,000). Charges for Current Services Original Estimate Revised Estimate This decrease is due to a reclassifi- cation of the payment from the Zoological Association from a user fee to revenue from another agency (-$119,760), an increase in esti- mated administrative service charge to the Cable Fund (+$17,873), re- classification of examination fees from user fee to license and permit (410,000), and reclassification of sale of voter lists from user fee to other revenue (-$600). Other Revenue Original Estimate Revised Estimate This decrease is from the reclassifi- cation of the sale of the sale of voter lists from user fees to other revenue (+$600) and the deletion of revenue from the registration of organizations performing charitable solicitations (-$3,000). Other Transfers Original Estimate Revised Estimate This increase is due to the transfer of retained earnings in the Office Services Fund to the General Fund (+$300,000), the availability of more 1988-89 budgetary savings than was previously estimated (+$336,000), and the use of additional fund bal- ance (+$100,000). REVISED GENERAL FUND REVENUE TOTAL Explanation of Appropriation Changes: $ 6,955,438 $ 7,105,438 $ 1,142,780 $ 1,332,540 $ 12,708,605 $ 12,596,118 $ 499,694 $ 497,294 $ 3,296,023 $ 4,032,023 Original General Fund Proposed Appropriation: Minutes of City Council N-3 Page 75 +$ 150,000 +$ 189,760 -$ 112,487 -$ 2,400 +$ 736,000 $227,351,738 $226,312,805 Ordinance No. 10363 cont. TUESDAY SEPTEMBER 19 1989 Mayor and City Council Original Proposed Appropriation Budget Approved by City Council This increase is due to the addition of funds for Council research or constituency assistance (+$40,000) and for participation in the pur- chase of a facsimile machine (+$535). Office of Management Services - Original Proposed Appropriation Budget Approved by City Council $ 232,032 $ 272,567 $ 1,037,118 $ 1,016,513 This decrease is from additional sav- ings generated by closing the City's legislative office in Austin earlier than originally anticipated (-$20,605). Housing and Human Services Original Proposed Appropriation $ 1,607,502 Budget Approved by City Council $ 1,677,502 This increase is to supplement a fed- eral grant program in order to main- tain current service levels (+$70,000). City Secretary Original Proposed Appropriation $ 459,563 Budget Approved by City Council $ 518,942 This increase is due to the addition of an assistant city secretary posi- tion (+$39,439), the addition of a microfilm clerk, additional funds for printing (+$3,000), and partici- pation in the purchase of a facsimi- le machine (+$535). Finance Original Proposed Appropriation $ 2,982,671 Budget Approved by City Council $ 3,027,477 This increase is due to the addition of an assistant to the City Trea- surer position (+$44,806). Real Property Management Original Proposed Appropriation $ 277,778 Budget Approved by City Council $ 310,241 This increase is due to the addition of an environmental assessment in- spector position (+$32,463). City Services Original Proposed Appropriation $ 1,735,781 Budget Approved by City Council_ $ 1,845,359 This increase is due to the addition of personnel, equipment and supplies to enhance the code enforcement ef- fort (+$109,578). Planning and Growth Management Original Proposed Appropriation $ 1,066,659 Budget Approved by City Council $ 1,107,559 Minutes of City Council N-3 Page 76 40,535 20,605 70,000 59,379 44,806 32,463 109,578 TUESDAY, SEPTEMBER 19, 1989 Ordinance No. This increase is to allow funding of 10363 cont. a position which was originally scheduled to remain vacant for the fiscal year (+$40,900). Public Events Original Proposed Appropriation $ 2,291,127 Budget Approved by City Council $ 2,342,530 This increase is for the addition of personnel to enhance the management and promotion of the Equestrian Cen- ter (+$51,403). Police Original Proposed Appropriation $ 56,456,336 Budget Approved by City Council $ 56,627,942 This increase is due to the addition of eight additional Police trainees (+$185,006) and the funding of new intoxilyzers using seized funds (-$13,400). Fire Original Proposed Appropriation $ 35,836,908 Budget Approved by City Council $ 36,306,617 This increase is due to the transfer of the Crash/Fire rescue operation from the Airports Fund to the Fire Department (+$386,865) and an addi- tional pay adjustment (+$15,740) for these employees and eight additional fire trainees (+$67,104). Public Health Original Proposed Appropriation $ 5,685,701 Budget Approved by City Council $ 5,718,966 This increase is due to the addition of a physician position for five - months (+$33,265). Park and Recreation Original Proposed Appropriation $ 14,137,821 Budget Approved by City Council $ 14,275,497 This increase is to provide enhanced security at park facilities (+$90,000), to restore three recrea- tion aide positions deleted in pre- vious years' budgets (+$47,676), - provide enhanced funding for park facilities (+$158,000), and fund a portion of the operation and park maintenance costs for Lake Worth from the Water and Sewer Fund (-$158,000). Public Library Original Proposed Appropriation $ 6,757,250 Budget Approved by City Council $ 6,804,075 This increase is for enhanced contract security at certain library loca- tions (+$46,825). Non -Departmental Original Proposed Appropriation $ 54,083,669 Budget Approved by City Council $ 53,735,062 Minutes of City Council N-3 Page 77 +$ 40,900 +$ 51,403 +$ 171,606 +$ 469,709 +$ 33,265 +$ 137,676 +$ 46,825 Ordinance No. This decrease results from the reduc- 10363 cont. tion in the subsidy required for Airports Fund operations due to the transfer of the Crash/Fire rescue function to the General Fund (-$386,865), the deletion of the FAVOR volunteer reception (-$3,000), the reduction of support required for National League of Cities (-$12,500), the addition of a FAVOR volunteer banquet (+$7,525), the addition of funds for City match for a Police grant (+$44,406), the addi- tion of funds for the transfer of sales tax generated on solid waste services to the Solid Waste Fund (+$90,000), the use of seized funds as the City's grant match for certain new grant programs (-$88,173), and funds for the development of a park master plan (+$100,000). REVISED GENERAL FUND TOTAL Enterprise, Internal Service, and Special Funds Retirement Administration Fund -$ 248,607 $227,351,738 Original Revenue Estimate: $ 222,372 Revised Revenue Estimate: $ 165,531 This decrease results from payment of General Fund administrative service fees direct into the Gen- eral Fund from the Retirement Fund without flowing through the Retirement Administration Fund as revenue or expenditure (-$56,841). Original Proposed Appropriation Budget Approved by City Council This decrease results from payment of General Fund administrative service fees direct into the General Fund from the Retirement Fund without flowing through the Retirement Administration Fund as revenue or expenditure (-$56,841). Airports Fund Original Revenue Estimate: Revised Revenue Estimate: This decrease from a reduction in subsidy transfer from the General Fund (-$386,865). Original Proposed Appropriation Budget Approved by City Council This decrease results from the transfer of the Crash/ Fire Rescue operation from the Airports Fund to the General Fund (-$386,865). Water and Sewer Fund Original Revenue Estimate: Revised Revenue Estimate: This increase is due to the use of retained earnings (+$158,000). Original Proposed Appropriation Budget Approved by City Council This increase is due to the funding of a portion of the Lake Worth maintenance and operations costs (security and park maintenance) from the Water and Sewer Fund (+$158,000). Minutes of City Council N-3 Page 78 222,372 165,531 $ 1,753,657 $ 1,366,792 $ 1,753,657 $ 1,366,792 $114,838,578 $114,996,578 $114,838,578 $114,996,578 TUESDAY, SEPTEMBER 19, 1989 rdi nance No.I Office Services Fund 0363 cont. Original Revenue Estimate: Revised Revenue Estimate: This increase represents the use of prior years' re- tained earnings (+$300,000). Original Proposed Appropriation Budget Approved by City Council This increase represents the appropriation of prior years' retained earnings to transfer to the General Fund (+$300,000). Equipment Services Fund Original Revenue Estimate: Revised Revenue Estimate: This increase represents the use of prior years' re- tained earnings (+$1,160,365). Original Proposed Appropriation Budget Approved by City Council This increase represents the appropriation of prior years' retained earnings to transfer to the General Fund (+$1,160,365). $ 695,783 $ 995,783 $ 695,783 $ 995,783 $ 12,299,513 $ 13,459,878 $ 12,299,513 $ 13,459,878 Cable Communications Trust Fund Original Proposed Appropriation $ 607,269 Budget Approved by City Council $ 625,142 This increase results from assessing estimated 1989-90 administrative services fee to the Cable Communications Trust Fund (+$17,873). n troduce d an Council Member Garrison introduced an ordinance and made a motion that it be r dins nce 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 Zapata, Garrison, Granger, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: rdinance No. ORDINANCE NO. 10390 0390 AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL AD VALOREM TAX ON ALL PROPERTY, REAL, PERSONAL AND MIXED, SITUATED WITHIN THE TERRITORIAL LIMITS OF THE CITY OF FORT WORTH, TEXAS, AND ALL PERSONAL PROPERTY OWNED IN SAID CITY OF FORT WORTH, TEXAS, ON THE FIRST DAY OF JANUARY, A.D. 1989, EXCEPT SUCH PROPERTY AS MAY BE EXEMPT FROM TAXATION BY THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION I. There is hereby levied, adopted and shall be collected by the City of Fort Worth, Texas, as provided by law, an annual ad valorem tax for the year 1989, at the rate of $0.8990 on every One Hundred Dollar ($100.00) valuation on all property, real, personal and mixed, situated in, and all personal property owned in, the City of Fort Worth, Texas, on the first day of January, A.D. 1989, liable under the law to taxation and not exempt therefrom by the Constitution and laws of the State of Texas. The ad valorem tax rate is divided into a maintenance and operation levy of $0.6023 for general fund operations and a debt levy of $0.2967 for servicing outstanding debt obligations. Minutes of City Council N-3 Page 79 0LF Ordinance No. 10390 cont. SECTION II. The debt portion of the tax levy which is hereinbefore made is to provide for the payment of interest and to create a redemption fund to discharge and pay principal and interest on any obligations due or owing by the City of Fort Worth, Texas, and shall not be taken as an addition to levies for the same purpose in the respective ordinances authorizing and creating such obligations, but the levy hereinbefore made is made pursuant to and for the purpose of carrying out and complying with the provisions of said prior ordinances. The Chief Accounting Officer shall pay each week to the General Debt Service Fund thirty-three percent (33.00%) of the current taxes collected. SECTION III. The taxes provided for herein are levied upon all taxable property, real, personal and mixed, situated in, and all personal property owned in, the City of Fort Worth, Texas, as assessed, valued and described in the assessment tax rolls and the tax books of the City of Fort Worth, Texas, for the year 1989, and any supplemental assessments thereof, as the same have been or shall be presented to the City Council of the City of Fort Worth, Texas, by the Assessor and Collector of Taxes of said City of Fort Worth, Texas. SECTION IV. The taxes provided for herein are due on receipt of a tax bill and are delinquent if not paid before February 1, 1990. Failure to send or receive the tax bill shall not, however, affect the validity of the taxes, penalty or interest herein imposed, the due date, the existence of a tax lien, or any procedure instituted to collect such taxes, penalty or interest. SECTION V. A delinquent tax incurs a penalty of six percent (6%) of the amount of the tax for the first calendar month it is delinquent plus one percent (1%) for each additional month or portion of a month the tax remains unpaid prior to July 1, 1990. However, a tax delinquent on July 1, 1990, incurs a total penalty of twelve percent (12%) of the amount of the delinquent tax without regard to the number of months the tax has been delinquent. SECTION VI. In addition to the penalty set out above, a delinquent tax accrues interest at a rate of one percent (1%) for each month or portion of a month the tax remains unpaid. Said interest of one percent (1%) per month shall be added to said taxes in the event the payment thereof shall become delinquent as above set forth, and said interest shall attach on the first day of each month thereafter until the taxes shall have been paid, which interest and the penalty provided for above shall be and become a part of said taxes and be payable as such. SECTION VII. A tax delinquent on July 1, 1990, incurs an additional penalty of fifteen percent (15%) of the amount of the delinquent tax, penalty and interest to defray costs of collection. Such fifteen percent (15%) penalty is imposed pursuant to Section 6.30 of the Property Tax Code and is in addition to the other penalties and interest which are due and owing according to law. SECTION VIII. Such taxes, penalty and interest shall be and become a lien upon the property on which the taxes are levied, as prescribed by the Charter of the City of Fort Worth, Texas, and the laws of the State of Texas, and such lien shall be and is hereby made a paramount, first and superior lien to all other liens whatsoever on the property on which said taxes are levied. SECTION IX. Should any part, portion, section or part of a section of this ordinance be declared invalid or inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way affect the remaining portions, parts, sections or parts of sections of this ordinance, which provision shall be, remain and continue to be in full force and effect. Minutes of City Council N-3 Page 80 Ordinance No. SECTION X. 10390 cont. This ordinance shall take effect and be in full force and effect from and after the date of its passage as provided by law. Met in closed or It was the consensus of the City Council that the City Council meet in closed executive session or executive session to seek the advice of its attorney with respect to pending or contemplated litigation concerning the Regalridge Phase II Project as authorized by Section 2(e), Article 6252-17, V.A.C.S., the Texas Open Meeting Act, and to discuss the purchase, exchange, lease or value of real property for a Police Department facility, as authorized by Section 2(f), Article 6252-17, V.A.C.S., which public discussion of this matter 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 all members present, regular session at which time the following business was transacted: Council Member Chappell made a motion, seconded by Mayor Pro tempore Gilley, that the City Council reconsider appointments to boards and commissions. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Chappell made a motion, seconded by Mayor Pro tempore Gilley, that Council Members Granger, Chappell, and Garrison be appointed to a committee to study a bar zoning ordinance. When the motion was put to a vote by the Mayor, it prevailed unanimously. Adjourned There being no further business, the City Counc'1 meeting s adjourned. t CITY SECRETARY Y0 Minutes of City Council N-3 Page 81