HomeMy WebLinkAbout1989/11/14-Minutes-City CouncilCouncil Met
Members Present
Invocation
Pledge of
Allegiance
Minutes of November.
7, 1989 approved
Proclamation —
Canned Food Drive
Proclamation —
Day of the Young
Reader
Proclamation —
American Education
Week
Proclamation —
Neighborhoods Fort
Worth: Partners for
Progress Week
CITY COUNCIL MEETING
NOVEMBER 14, 1989
On the 14th day of November, 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 David Ivory; 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 Louise Oliver, Christian Church
(Disciples).
The Pledge of Allegiance was recited.
On motion of Council Member Garrison, seconded by Council Member Zapata, the
minutes of the meeting of November 7, 1989, were approved.
A proclamation for Canned Food Drive Weeks was presented to Connie Osborn.
A proclamation for Day of the Young Reader was presented to Kim Nicholson.
A proclamation for American Education Week was presented to Martha Barrett.
A proclamation for Neighborhoods Fort Worth: Partners for Progress Week was
presented to Sharan Casstevens.
Minutes of City Council N-3 Page 328
329
Tuesday, November 14, 1989
Proclamation - A proclamation for Heritage of Thanksgiving Festival Day was presented to
Heritage of Thank-
sgi vi ng Festival Nancy Dobbins.
Day
Removed M&C C- Council Member Murrin requested that Mayor and Council Communication
11988 from consent No. C-11988 be removed from the consent agenda.
agenda
Removed M&C P-3826 Council Member Granger requested that Mayor and Council Communication
from consent No. P-3826 be removed from the consent agenda.
agenda
Consent agenda was On motion of Council Member Garrison, seconded by Council Member Zapata, the
approved consent agenda was approved.
Z-89-80 - Ryan Council Member Webber made a motion, seconded by Council Member Zapata, that
Mortgage Company the hearing in connection with the application of Ryan Mortgage Company for a change in
zoning of property located southeast of the intersection of IH820/20 and IH35W from "A"
One -Family, "E" Commercial, and "I" Light Industrial to "PD -SU" Planned Development/
Specific Use to include all uses allowed in the "I" Light Industrial except within the
east 200 feet of the site adjacent to the east property line and abutting Lot 16,
Block 17, Westview Park Addition, Lots 4 through 9, Block 18, Westview Park Addition,
and property owned by E. Cloer (Volume 2753, Page 524), Zoning Docket No. Z-89-80, be
moved forward on the agenda for consideration at the present time. When the motion was
put to a vote by the Mayor, it prevailed unanimously.
Council Member Webber made a motion, seconded by Council Member Chappell,
that the application for Ryan Mortgage Company for a change in zoning for property
located southeast of the intersection of IH820/20 and IH35W from "A" One -Family, "E"
Commercial, and "I" Light Industrial to "PD -SU" Planned Development/Specific Use to
include all uses allowed in the "I" Light Industrial District except within the east
200 feet of the site adjacent to the east property line and abutting Lot 16, Block 17,
Westview Park Addition, Lots 4 through 9, Block 18, Westview Park Addition, and
property owned by E. Cloer (Volume 2753, Page 524), Zoning Docket No. Z-89-80, be
continued from day to day and time to time and especially to the City Council meeting
of December 5, 1989, to give every interested person or citizens opportunity to be
heard. When the motion was put to a vote by the Mayor, it prevailed unanimously.
Nominated Ms. Mary
Berry to the Council Member Garrison nominated Ms. Mary Berry for membership on the
Library Advisory Library Advisory Board and made a motion, seconded by Council Member Zapata, that
Board Mrs. Berry be reappointed to Place 3 on the Library Advisory Board for a term of office
expiring October 1, 1991. When the motion was put to a vote by the Mayor, it prevailed
unanimously.
Nominated Mr. l Wile
Paul Jackson to ll Council Member Webber nominated Mr. Willie Paul Jackson for membership on the
Community Develop- Community Development Council and made a motion, seconded by Council Member Garrison,
men t Council that Mr. Jackson be appointed to Place 8 for a term of office expiring October 1, 1990.
When the motion was put to a vote by the Mayor, it prevailed unanimously.
Nominated Mrs. Council Member Webber nominated Mrs. Jimi Burns for membership on the
Jimmi Burns to the Neighborhood Resources Development Council and made a motion, seconded by Council
Neighborhood Re- Member Garrison, that Mrs. Burns be appointed as an alternate to Place 1 on the
sources Develop- Neighborhood Resources Development Council. When the motion was put to a vote by the
ment Council Mayor, it prevailed unanimously.
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. 1484
1484
ENDORSING LEGISLATIVE PRIORITIES OF THE
TEXAS MUNICIPAL LEAGUE
DURING THE SPECIAL SESSIONS OF THE 71ST TEXAS LEGISLATURE
WHEREAS, the Texas Municipal League represents the
interest of all cities in the State of Texas; and
WHEREAS, the Texas Municipal League Board of Directors
meeting in annual session October 26-28, 1989, approved a listing
of legislative priorities to be pursued during the Special Sessions
of the 71st Texas Legislature; and
WHEREAS, each of these priorities would be of benefit to
the City of Fort Worth;
Minutes of City Council N-3 Page 329
330
Tuesday, November 14, 1989
Resolution No. NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL of the
1484 cont. CITY OF FORT WORTH that the Council endorses and supports the TML
priority listing, as follows:
Sec. 1. Protect TML interests in areas that are in the Governor's
call(s), particularly workers' compensation reform and,
as necessary, in the area of utility regulation.
Sec. 2. Seek introduction and passage of legislation which would:
a. Restore municipal authority regarding the location
of pawnshops (correcting SB 601 from the 1989
regular session).
b. Clarify the law regarding aboveground storage of
fuel at airports (correcting SB 698 from the 1989
regular session).
C. Provide for public official immunity (reintroducing
HB 2115 from the 1989 regular session).
d. Provide cities greater permitting authority
(reintroducing HB 2377 from the 1989 regular
session).
e. Accelerate the availability of solid waste planning
funds.
Cont. for one week
Mayor Pro tempore Gilley made
a motion, seconded by Council Member Granger,
Water and Waste-
that consideration of the appointment
of three Council Members to the Water and
water Access Fees
Wastewater Access Fees Advisory Board be
continued for one week. When the motion was
Advisory Board
put to a vote by the Mayor, it prevailed unanimously.
Cont. for one week
Mayor Pro tempore Gilley made
a motion, seconded by Council Member Zapata,
Impact Fee Citizeni
that consideration of the appointment of the
Impact Fee Citizens Advisory Committee be
Advisory Committee
continued for one week. When the motion
was put to a vote by the Mayor, it prevailed
unanimously.
M&C OCS-40
There was presented Mayor and
Council Communication No. OCS-40 from the
Liability Bonds
Office of the City Secretary recommending
that the City Council approve the liability
bonds, as follows:
CONTRACTOR'S BONDS
INSURANCE COMPANY
George's Concrete & Asphalt
Eagle Insurance Company
Southeast Pipeline Contrac-
St. Paul Fire and Marine
tors, Inc.
Insurance Company
CEMENT BONDS
J/Wright Construction Co., Inc.
Western Surety Company
D & D Concrete Company
Trinity Universal Insur-
ance Company
M&C 0 CS -4 0 adopted
It was the consensus of the City Council that
the recommendation be adopted.
M&C OCS-41 Claims
There was presented Mayor and
Council Communication No. OCS-41 from the
Office of the City Secretary recommending
that the City Council refer notices of claims
for alleged damages and/or injuries to the
Risk Management Department, as follows:
Valley National
1. Claimant:
Valley National Financial Services
Financial Services
Date Received:
November 3, 1989
Date of Incident:
July 12, 1989
Location of Incident:
1301 East Northside Drive
Estimate of Damages/
Injuries:
$5,350.00 or amount of proceeds if
wholesale value is exceeded
Nature of Incident:
Claimant alleges damages as the
result of vehicle being picked up
and subsequently sold by failure to
notify registered owner of the
sale.
2. Claimant:
Peyton Carol Moody
Peyton Carol Moody
Date Received:
November 3, 1989
Date of Incident:
Undeclared
Location of Incident:
Randol Mill Road
Estimate of Damages/
Injuries:
$532.31 - $541.04
Nature of Incident:
Claimant alleges damages to his
automobile as the result of street
conditions.
Minutes of City Council N-3 Page 330
331
Tuesday, November 14, 1989
Gary L. Howard 3. Claimant: Gary L. Howard
Date Received: November 2, 1989
Date of Incident: Undeclared
Location of Incident: 820 North Near Lancaster
Estimate of Damages/
Injuries: $107.75 - $130.00
Nature of Incident: Claimant alleges damages to his
automobile as the result of rocks
falling from the bed of a dump
truck.
Town Talk Foods, 4. Claimant: Town Talk Foods, Inc.
Inc. Date Received: November 2, 1989
Date of Incident: May 1989
Location of Incident: 3921 E. 1st
Estimate of Damages/
Injuries: $250.40
Nature of Incident: Claimant alleges damages to it's
property as the result of a new
water meter being installed.
Estate of Ronald 5. Claimant: Estate of Ronald Morin & USAA
Morin & USAA Date Received: November 7, 1989
Date of Incident: August 8, 1989
Location of Incident: Golden Triangle & Alta Vista
Estimate of Damages/
Injuries: Settlement pending; $9,000 K plus
on -car damage only; remainder to be
determined
Nature of Incident: Claimant alleges damages as the
result of an accident allegedly
caused by failure of City to
replace stop sign.
Linda Si rek Romero 6. Claimant: Linda Si rek Romero
Date Received: November 6, 1989
Date of Incident: August 8, 1989
Attorney: Lollar, Phillips & Factor, P.C.
(Juan Blanco, Jr.)
Location of Incident: 3600 Mattison
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges damages and
injuries (workers compensation) as
the result of an accident involving
City -owned equipment.
John and Muriel
7.
Claimant:
John and Muriel Davis
Davis
Date Received:
November 6, 1989
Date of Incident:
July 14, 1989
Attorney:
Gregory W. Canfield
Location of Incident:
Springlake Mobile Home Park,
164 East Hurst Blvd.
Estimate of Damages/
Injuries:
$1.4 million
Nature of Incident:
Claimants allege damage to their
property as the result of the
increase flow of water into the
creek (inverse condemnation).
Jimmie Lee Reed, Jr
8.
Claimant:
Jimmie Lee Reed, Jr.
Date Received:
November 3, 1989
Date of Incident:
August 4, 1989
Location of Incident:
Undeclared
Estimate of Damages/
Injuries:
$3,900.00
Nature of Incident:
Claimant alleges damages and
injuries as the result of street
conditions.
Michael Walker
9.
Claimant:
Michael Walker
Date Received:
November 3, 1989
Date of Incident:
August 25, 1989
Attorney:
Segers & Lemons (Keith D. Lemons)
Location of Incident:
950 E. Rosedale
Estimate of Damages/
Injuries:
E.R. Billing & P.D.
Nature of Incident:
Claimant alleges damages and
injuries as the result of an
accident involving a City -owned
vehicle (police).
Robert Frank
10.
Claimant:
Robert Frank Chieffalo
Chieffalo
Date Received:
November 6, 1989
Date of Incident:
May 89 and October 25, 1989
Minutes of City Council N-3 Page 331
332
Robert Frank Location of Incident:
Chi effal o claim Estimate of Damages/
cont. Injuries:
Nature of Incident:
Shirley Ann Read 11. Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
Cynthia Gill
12. Claimant:
Council Communication No.
Date Received:
Office of the City Secretary
Date of Incident:
correspondence from Mr.
Location of Incident:
submitting his resignation as
Estimate of Damages/
of the Community Development
Injuries:
the consensus of the City Council
Nature of Incident:
Senneth Surita
13. Claimant:
Mendoza
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
JoAnn .Jackson
14. Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
Lynda Dell Rich-
ardson Thorne
15. Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
Tuesday, November 14, 1989
4113 Hartwood Drive
$118.49 and $48.14
Claimant alleges damages to his
icemaker resulting from water
impurities.
Shirley Ann Read
November 8, 1989
September 9, 1989
123 East Exchange - Cowtown
Coliseum
Undeclared
Claimant alleges injuries as the
result of a fall.
Cynthia Gill
November 8, 1989
August 10, 1989
Undeclared
$1,000,000.00
Claimant alleges injuries sustained
as the result of an accident
involving a City bus.
Senneth Surita Mendoza
November 8, 1989
October 4, 1989
3917 8th Avenue
Undeclared
Claimant alleges damages and
injuries as the result of an
accident involving a City -owned
vehicle (truck).
JoAnn Jackson
November 8, 1989
October 30, 1989
3409 Harley (Harley Service Center)
$863.86 - $904.85
Claimant alleges damages to her
automobile as the result of a
vehicular accident.
Lynda Dell Richardson Thorne
November 8, 1989
October 10, 1989
1058 S. Erie
In excess of $25,000.00
Claimant alleges injuries as the
result of stepping on loose manhole
cover causing her to fall.
M&C OCS-41 adopted,' It was the consensus of the City Council that the recommendation be adopted.
M&C OCS-42
Correspondence
resignation of Mr.
A. Ray Clarke from
the community Dev-
elopment Council
Benefit Hearing
Mrs. Martha Lunday
re M&C G-8303
There was presented
Mayor and
Council Communication No.
OCS-42 from the
Office of the City Secretary
submitting
correspondence from Mr.
A. Ray Clarke
submitting his resignation as
a member
of the Community Development
Council. It was
the consensus of the City Council
that
the resignation of A. Ray
Clarke from the
Community Development Council be
accepted with regrets.
It appearing to the City Council that the City Council continued the hearing
in connection with the assessment paving of South Jennings Avenue from Shaw Street to
Hawthorne and Mulkey Street from Hemphill Street to 115 feet east of May Street from
day to day and from time to time and especially to the meeting of November 14, 1989, to
give every interested citizen opportunity to be heard, Mayor Bolen asked if there was
anyone present desiring to be heard.
Mrs. Martha Lunday, representative of the Transportation and Public Works
Department, appeared before the City Council and called attention to Mayor and Council
Communication No. G-8303, as follows:
SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF SO. JENNINGS
AVENUE, FROM SHAW STREET TO HAWTHORNE AVENUE, AND MULKEY
STREET, FROM HEMPHILL STREET TO 115' EAST OF MAY STREET
RECOMMENDATION:
It is recommended that the City Council adopt an ordinance closing
the benefit hearing and levying assessments as proposed,
Minutes of City Council N-3 Page 332
333
Tuesday, November 14, 1989
&C G-8303 cont. acknowledging that in each case the abutting property is especially
benefited in enhanced value in excess of the amount assessed for
the improvements of So. Jennings Avenue, from Shaw Street to
Hawthorne Avenue, and Mulkey Street, from Hemphill Street to 115'
east of May Street.
DISCUSSION:
The 1986-88 Capital Improvement Program approved in March, 1986,
included funds for the improvement of So. Jennings Avenue, from
Shaw Street to Hawthorne Avenue, and Mulkey Street, from Hemphill
Street to 115' east of May Street.
On September 26, 1989 (M&C G-8237), the City Council established
October 31, 1989, as the date of the benefit hearing. Notices have
been given in accordance with Article 11O5b, V.A.C.S.
This project is located in Council District No. 9.
PROPOSED IMPROVEMENTS:
It is proposed to improve So. Jennings Avenue by constructing a
six-inch thick reinforced concrete pavement with seven-inch high
attached concrete curb on a six-inch thick lime stabilized subgrade
so that the finished roadway will be thirty-six feet wide on a
variable right-of-way. Four -inch thick concrete sidewalks and
six-inch thick concrete driveway approaches will be constructed
where shown on the plans.
It is proposed to improve Mulkey Street by constructing a six-inch
thick reinforced concrete pavement with a seven-inch high attached
concrete curb on a six-inch thick lime stabilized subgrade so that
the finished roadway will be twenty-six feet wide on a fifty foot
right-of-way. Four -inch thick concrete sidewalks and six-inch thick
concrete driveway approaches will be constructed where shown on the
plans.
ASSESSMENTS:
An independent appraiser has advised the staff as to the amount of
enhancement to property values that will result from the proposed
improvements.
Based on standard City policy, the City Engineer's estimate, and
the advice of the independent appraiser, the cost of the
construction has been computed for South Jennings at $112,375.31
(12%) for the property owners, and $797,997.44 (88%) for Fort Worth
City, and for Mulkey Street, at $23,699.95 (25%) for the property
owners, and $71,923.34 (75%) for Fort Worth City.
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.
r. Robert Martin Mr. Robert Martin, independent appraiser, appeared before the City Council
e M&C G-8303 and submitted to the City Council his summary of enhanced values for properties
adjacent to South Jennings Avenue from Shaw Street to Hawthorne Avenue and Mulkey
Street from Hemphill Street to 115 feet east of May Street.
r. Jimmy R. Hodges Dr. Jimmy R. Hodges, President of the JMSL Neighborhood Association, appeared
e M&C G-8 303 before the City Council and requested that the Council give favorable consideration for
the paving of Jennings Avenue from Shaw Street to Hawthorne Avenue. Dr. Hodges
submitted a petition in support of the reconstruction of Jennings Avenue in the
Jennings -May -St. Louis neighborhood and a petition supporting the reconstruction of
Jennings and Mulkey in the Jennings -May -St. Louis neighborhood.
There being no one else present desiring to be heard, Council Member Chappell
made a motion, seconded by Council Member McCray, that the hearing in connection with
the assessment paving of South Jennings Avenue from Shaw Street to Hawthorne Avenue,
and Mulkey Street from Hemphill Street to 115 feet east of May Street be closed and
that the assessment be altered utilizing the $20.31 residential rate on selected
properties. When the motion was put to a vote by the Mayor, it prevailed unanimously.
Introduced an Council Member Chappell introduced an ordinance and made a motion that it be
ordinance adopted. The motion was seconded by Council Member McCray. 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
Minutes of City Council N-3 Page 333
334
Tuesday, November 14, 1989
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10436
10436
ORDINANCE CLOSING HEARING AND LEVYING
ASSESSMENTS FOR PART OF THE COST OF IMPROVING A
PORTION OF SOUTH JENNINGS AVENUE, FROM SHAW
STREET TO HAWTHORNE AVENUE, AND MULKEY STREET
FROM HEMPHILL STREET TO 115 EAST OF MAY STREET
AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES
AND PUBLIC PLACES IN THE CITY OF FORT WORTH,
TEXAS; FIXING CHARGES AND LIENS AGAINST
ABUTTING PROPERTY THEREON, AND AGAINST THE
OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF
SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE
CERTIFICATES IN EVIDENCE THEREOF; RESERVING
UNTO THE CITY COUNCIL THE RIGHT TO ALLOW
CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE
ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED;
DIRECTING THE CITY SECRETARY TO ENGROSS AND
ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF
SAME IN THE MINUTES OF THE CITY COUNCIL OF FORT
WORTH, AND BY FILING THE ORDINANCE IN THE
ORDINANCE RECORDS OF SAID CITY; AND PROVIDING
AN EFFECTIVE DATE.
M&C G-8312 re There was presented Mayor and Council Communication No. G-8312 from the City
refund of tax Manager stating that the Texas Property Tax Code requires that a taxpayer must request
overpayments 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 exceed $500.00; that
the Revenue Collection Division of the Finance Department has verified that erroneous
payments or overpayments were made and recommends refund, as follows:
ACCOUNT NO. LEGAL DESCRIPTION NAME AMOUNT
0299-52-47 Lt 33, Blk 25, Carteret Mortgage Co. $ 565.12
1988 Taxes Summerfields
(City ONLY)
Taxes Paid Twice
0443-89-83 Lt 28, Blk 34, Carteret Mortgage Co. 504.18
1988 Taxes Summerfields
(City ONLY)
Taxes Paid Twice
Account Totals $1,069.30
M&C G-8312 adoptedij It was the consensus of the City Council that refunds totalling $1,069.30 be approved.
M&C G-8313 re There was presented Mayor and Council Communication No. G-8313 from the City
18th Annual Public Manager stating that the Hyatt Regency Fort Worth is hosting the State Department of
Transportation Public Transportation's 18th Annual Public Transportation Conference; that the Hyatt
Conference Regency is requesting approval of the temporary closure of Main Street from 8th to 9th
Street from 9:00 a.m. Wednesday, May 2, until noon Friday, May 4, 1990; that the closed
street will serve as the display area for buses and other types of public
transportation; and recommending that the request of Hyatt Regency Fort Worth for the
temporary closure of Main Street between 8th and 9th Streets from 9:00 a.m. Wednesday,
May 2, 1990, to noon Friday, May 4, 1990, be approved. It was the consensus of the
City Council that the recommendation be adopted.
M&C G-8314 re There was presented Mayor and Council Communication No. G-8314 from the City
Downtown Fort WortManager stating that the Fort Worth Jaycees is sponsoring the Downtown Fort Worth
Christmas Tree Christmas Tree Lighting ceremony for the 33rd consecutive year; that the tree has been
Lighting ceremony erected, decorated, and displayed in the middle of Main Street between 8th and 9th
Street for the past several years during the holiday season; that, in order to have
sufficient time in which to erect and decorate the tree prior to lighting ceremony
(November 24th), the Jaycees must begin work on Saturday, November 18, 1989; that,
because the stage for lighting ceremony will be located at the intersection of Main and
9th Street, traffic must by blocked during this setup and staging of the tree lighting
ceremony; that the Fort Worth Jaycees is requesting the temporary closure of 9th Street
between Houston and Commerce Street from 1:00 a.m. Friday, November 24 until 5:00 p.m.
Saturday, November 25, 1989, and also the closure of Main Street from 8th to 9th Street
at 6:00 a.m. Saturday, January 6, 1990; and recommending that the City Council approve
the temporary closure of Main Street between 8th and 9th Street from 6:00 a.m.
Saturday, November 18, 1989, until Saturday, January 6, 1990, and 9th Street between
Houston and Commerce Street from 1:00 a.m. Friday, November 24, until 5:00 p.m.
Saturday, November 25, 1989, for the Downtown Fort Worth Christmas Tree Lighting
Ceremony. It was the consensus of the City Council that the recommendation be adopted.
Minutes of City Council N-3 Page 334
335
&C G-8315 re There was presented Mayor and Council Communication No. G-8315 from the City
mending Chapter Manager requesting that an ordinance be adopted amending Chapter 2, Section 2-9(b) of
"Administration" The Code of the City of Fort Worth (1986), as amended by providing for administrative
approval of change orders in the amount of $15,000.00 or less. It was the -consensus of
the City Council that the recommendation be adopted.
n troc duce d an Council Member Garrison introduced an ordinance and made a motion that it be
rdinance 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:
rdinance No. ORDINANCE NO. 10437
0437
AN ORDINANCE AMENDING CHAPTER 2
"ADMINISTRATION" OF THE CODE OF THE CITY OF
FORT WORTH (1986), AS AMENDED, BY AMENDING
SECTION 2-9(b) BY PROVIDING FOR THE APPROVAL OF
CHANGE ORDERS ADMINISTRATIVELY; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
That Section 2-9(b) of Chapter 2 of the Code of the City
of Fort Worth (1986), as amended, is hereby further amended to read
as follows:
"(b) Where any individual change order
pertaining to a public works contract involves
an increase or decrease in cost of $15,000 or
less, the change order may be approved and
executed by the city manager upon the written
recommendation of the director of the
department responsible for such work; provided
that sufficient funds have previously been
appropriated for payment of such added cost."
M&C G-8316 re There was presented Mayor and Council Communication No. G-8316 from the City
creation of three-- Manager stating that Mrs. Yelda Battat, owner of property located at 5936-38 Curzon
head -in parking Avenue, requested City Council approval to build new head -in parking at this location
spaces on September 26, 1989; that all other properties on the north side of this block of
Curzon Avenue have head -in parking; that Council instructed the staff to prepare an
ordinance that would allow the new parking space at this location only; and
recommending that the City Council adopted the proposed ordinance for the creation of
three head -in parking spaces at the property located at 5936-38 Curzon Avenue. It was
the consensus of the City Council that the recommendation be adopted.
Introduced an Council Member Garrison introduced an ordinance and made a motion that it be
ordinance 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. ORDINANCE NO. 10438
10438 AN ORDINANCE ALLOWING THE CREATION OF THREE (3)
HEAD -IN PARKING SPACES AT THE PROPERTY LOCATED
AT 5936-38 CU
RZON AVENUE SUBJECT TO CERTAIN
CONDITIONS AND REQUIREMENTS AS PROVIDED HEREIN;
MAKING THIS ORDINANCE CUMULATIVE OF OTHER
ORDINANCES; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
Minutes of City Council N-3 Page 335
336
Ordinance No.
SECTION 5.
10438
This ordinance shall be effective from and after the date
acceptance of In-
of its passage, and it is so ordained.
M&C G-8317 re
There was presented Mayor and Council Communication No. G-8317 from the City
Hudson Interna-
Manager stating that Mr. and Mrs. Victor Miller filed suit against the City of Fort
tional Consultants
Worth and seven other defendants for damages due to an automobile accident which
inc.
resulted in the death of their son in August 1987; that the Risk Management Department
gift from Mc-
and Department of Law engaged the consulting firm, Hudson International, to do an
Donnell Douglas
intense investigation and reconstruction of the factors contributing to the accident in
Training Systems,
order to prepare for the anticipated trial of this lawsuit; that the Department of Law
Inc.
and Risk Management Department recommend payment in the amount specified as being
legitimate and necessary expenses incurred in the defense of said lawsuit; that funds
are available in Fund 71, Account No. 15-71-20, Index Code 399196; and recommending
that payment in the amount of $10,906.33 to Hudson International Consultants, Inc., be
authorized for professional consulting services rendered in connection with the lawsuit
of Victor and Shirley Miller, as representatives of the Estate of Jeffrey Miller,
deceased, versus the City of Fort Worth, Motorola, Inc., et al, Cause No. 48-107002-87.
It was the consensus of the City Council that the recommendation be adopted.
M&C G-8319 re
There was presented Mayor and Council Communication No. G-8318 from the City
M&C G-8318 re
Manager stating that the endangered Dumeril's ground boa has been the subject of a
acceptance of In-
highly successful captive breeding program at the Fort Worth Zoo and currently is
s titute of Museum
managed under the auspices of the AAZPA's long-range conservation program, the Species
Science Grant
Survival Plan; that, in order to evaluate the success of this program and to assess its
Electrical Board
value in fulfilling a long-term conservation goal, the Zoo applied for an IMS
M&C G-8320 re
conservation grant to conduct a comprehensive genetic analysis of the captive Dumeril's
gift from Mc-
boa population; that a $16,218.00 IMS grant was awarded to the Fort Wort Zoo in August
Donnell Douglas
1989 and will be conducted in conjunction with the Animal Science Department at Texas
Training Systems,
A&M University; and recommending that the City Manager be authorized to accept the
Inc.
Institute of Museum Science Grant in behalf of research at the Zoological Park in
cooperation with Texas A&M University; and that the Accounting Division be authorized
to accept and disperse funds in accordance with normal grant procedures upon execution
of a written contract, with the City's in-kind match for the Institute of Museum
Sciences grant to be used for salary and fringe benefits for existing staff and other
researchers responsible for the program in an amount of $17,784.00. It was the
consensus of the City Council that the recommendations be adopted.
M&C G-8319 re
There was presented Mayor and Council Communication No. G-8319 from the City
appointment of Mr.
Manager recommending that his appointment of Mr. Bobby R. Ford to Place 5 and
harry H. Huston,
Mr. Harry H. Huston, Jr., to Place 9 on the Electrical Board be approved, confirmed,
Jr. and Mr. Bobby
and ratified, with a term of office expiring October 1, 1991. It was the consensus of
R. Ford on the
the City Council that the recommendation be adopted.
Electrical Board
M&C G-8320 re
There was presented Mayor and Council Communication No. G-8320 from the City
gift from Mc-
Manager stating that the McDonnell Douglas Foundation has matched the contribution from
Donnell Douglas
the employees of McDonnell Douglas Training Systems, Inc., to the Fort Worth Zoo; that
Training Systems,
they request the donations be designated for use by the Zoo veterinarian; and
Inc.
recommending that the City Council accept a gift of $1,000.00 from McDonnell Douglas
Training Systems, Inc., in Special Trust Fund 72 for the purpose of purchasing supplies
and equipment for the Fort Worth Zoo Veterinarian; and adopt an appropriations
ordinance increasing estimated receipts and appropriations in Special Trust Fund 72,
Project No. 502102-11, Zoo Veterinarian, by $1,000.00 from increased revenues. On
motion of Council Member Chappell, seconded by Council Member Zapata, the
recommendations were adopted.
introduced an Council Member Chappell introduced an ordinance and made a motion that it be
Ordinance 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. ORDINANCE NO. 10439
10439
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS
IN THE SPECIAL TRUST FUND 72, PROJECT
NO. 502102-11, ZOO VETERINARIAN BY $1,000, AND
APPROPRIATING SAID AMOUNT TO THE SPECIAL TRUST
FUND 72, PROJECT NO. 502102-11, ZOO
VETERINARIAN FOR THE PURPOSE OF PURCHASING
SUPPLIES AND EQUIPMENT FOR THE FORT WORTH ZOO
VETERINARIAN; PROVIDING FOR A SEVERABILITY
CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF
PRIOR ORDINANCES AND REPEALING ALL PRIOR
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
Minutes of City Council N-3 Page 336
33`7
Tuesday, November 14, 1989
Ordinance No. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
10439 cont. WORTH, TEXAS:
SECTION 5.
Mr. Eugene A. Mr. Eugene A. Wathey, Divisional President of Empire of America Federal
Wa they re M&C G- Savings Bank, appeared before the City Council and presented to the City Council checks
8321 in the amount of $1,000.00 for the Homeless Program. Mayor Pro tempore Gilley made a
motion, seconded by Council Member Zapata, that the recommendation be adopted and, 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, Garrison,
Granger, McCray, Murrin, Webber, and Chappell
NOES: None
ABSENT: None
NOT VOTING: Mayor Bolen
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 Zapata. The motion, carrying. with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Pro tempore Gilley; Council Members Zapata, Garrison,
Granger, McCray, Murrin, Webber, and Chappell
NOES:
ABSENT:
NOT VOTING:
None
None
Mayor Bolen
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10440
10440
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS
IN THE SPECIAL TRUST FUND 72, PROJECT
NO. 515200-00, HOMELESS PROGRAM CONTRIBUTIONS,
OF THE CITY OF FORT WORTH FOR THE FISCAL YEAR
1990 BY THE SUM OF $1,000 AND APPROPRIATING
SAID $1,000 TO THE SPECIAL TRUST FUND 72,
PROJECT NO. 515200-00, HOMELESS PROGRAM
CONTRIBUTIONS, FOR THE PURPOSE OF PROVIDING
SUPPORT ACTIVITIES AND SERVICES TO MEET THE
NEEDS OF THE HOMELESS; PROVIDING FOR A
SEVERABILITY CLAUSE; MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR ORDINANCES AND REPEALING
ALL PRIOR ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
Minutes of City Council N-3 Page 337
This ordinance shall take effect and be in full force and
effect from and after the date of its passage, and it is so
ordained.
M&C G-8321 re
There was presented Mayor and Council Communication No. G-8321 from the City
donation from
Manager stating that funding and support services are always needed to prevent
Empire Federal
homelessness and to address the needs of those who are now homeless; that during
Savings
Pioneer Days (October 23-24, 1989), Empire Federal Savings held a fund raiser at four
of its locations; that, through this effort, Empire Federal Savings was able to raise
$1,000.00; that Empire Federal Savings wishes to contribute this $1,000.00 to the City
to be placed in a Special Trust Fund for Programs for the Homeless; that such funds and
any additional funds to be contributed would be used to provide for the prevention of
homelessness and/or to support programs and services that meet the needs of the
homeless in the City of Fort Worth; that these funds would be held until the City
Council receives and approves a recommendation regarding a specific use; and
recommending that the City Council accept and record in Special Trust Fund 72, Project
No. 515200-00, Homeless Program Contributions, a donation from Empire Federal Savings
of $1,000.00; adopt an appropriations ordinance increasing estimated receipts and
appropriations by $1,000.00 in Special Trust Fund 72, Project No. 515200-00, Homeless
Program Contributions; and authorize expenditure of $1,000.00 in Special Trust Fund 72,
Project No. 515200-00, Homeless Program Contributions, to support activities and
services to meet the needs of the homeless.
Mayor Bolen requested permission to abstain from voting on Mayor and Council
Communication No. G-8321 and, on motion of Mayor Pro tempore Gilley, seconded by
Council Member Murrin, Mayor Bolen was permitted to abstain from voting on Mayor and
Council Communication No. G-8321.
Mr. Eugene A. Mr. Eugene A. Wathey, Divisional President of Empire of America Federal
Wa they re M&C G- Savings Bank, appeared before the City Council and presented to the City Council checks
8321 in the amount of $1,000.00 for the Homeless Program. Mayor Pro tempore Gilley made a
motion, seconded by Council Member Zapata, that the recommendation be adopted and, 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, Garrison,
Granger, McCray, Murrin, Webber, and Chappell
NOES: None
ABSENT: None
NOT VOTING: Mayor Bolen
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 Zapata. The motion, carrying. with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Pro tempore Gilley; Council Members Zapata, Garrison,
Granger, McCray, Murrin, Webber, and Chappell
NOES:
ABSENT:
NOT VOTING:
None
None
Mayor Bolen
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10440
10440
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS
IN THE SPECIAL TRUST FUND 72, PROJECT
NO. 515200-00, HOMELESS PROGRAM CONTRIBUTIONS,
OF THE CITY OF FORT WORTH FOR THE FISCAL YEAR
1990 BY THE SUM OF $1,000 AND APPROPRIATING
SAID $1,000 TO THE SPECIAL TRUST FUND 72,
PROJECT NO. 515200-00, HOMELESS PROGRAM
CONTRIBUTIONS, FOR THE PURPOSE OF PROVIDING
SUPPORT ACTIVITIES AND SERVICES TO MEET THE
NEEDS OF THE HOMELESS; PROVIDING FOR A
SEVERABILITY CLAUSE; MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR ORDINANCES AND REPEALING
ALL PRIOR ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
Minutes of City Council N-3 Page 337
338
Ordinance No. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
10440 cont. WORTH, TEXAS:
SECTION 5.
This ordinance shall take effect and be in full force and
effect from and after the date of its passage, and it is so
ordained.
M&C P-3821 re There was presented Mayor and Council Communication No. P-3821 from the City
purchase of con- Manager submitting a tabulation of bids received for the purchase of continuous forms
tinuous forms for Information Systems and Services Department; stating that funds are available in
General Fund 01, Account No. 04-20-00, Index Code 228072; and recommending that the
purchase be made from Uarco, Inc., on its low bid meeting City specifications of $8.53
per thousand for a total of $5,118.00, f.o.b. Fort Worth. It was the consensus of the
City Council that the recommendation be adopted.
M&C P-3822 re There was presented Mayor and Council Communication No. P-3822 from the City
purchase agreemefit, Manager stating that the one-year purchase agreement for laboratory gases for the Water
to furnish labora- De artment with tion to renew for two additional
p �ih o p years, was authorized by Mayor and
tory gases
Council Communication No. P-2900 on September 6, 1988; that, on October 24, 1989, by
Mayor and Council Communication No. P-3781, the City Council authorized the first
option to renew which incorrectly contained shop grade gases and unit prices; that the
laboratory gases and unit prices have been correctly stated on this amendment that
budgeted funds are sufficient to cover the anticipated expenditure by each department
participating in this agreement; and recommending that the City Council:
1. Rescind the approval of M&C P-3781 dated October 24, 1989;
2. Authorize the renewal of a one-year purchase agreement to
furnish laboratory gases for the Water Department with
Amerigas Industrial Gases on the low bid of unit prices; and
3. Authorize this agreement to be effective September 6, 1989 and
end September 5, 1990.
ORIGINAL BID TABULATION:
Item
#1
Acetylene
$ 98.00
P/Cyl.
Item
#2
Air (Zero Grade)
$ 31.00
P/Cyl.
Item
#3
Argon
$ 20.00
P/Cyl.
Item
#4
Liquid Argon
$165.00
P/Cyl.
Item
#5
Helium
$ 36.00
P/Cyl.
Item
#6
Hydrogen
$ 28.00
P/Cyl.
Item
#7
Nitrogen
$ 14.00
P/Cyl.
Item
#8
Nitrous Oxide
$ 50.00
P/Cyl.
Item
#9
Oxygen
$ 54.00
P/Cyl.
Item
#10
Liquid Oxygen
$ 50.00
P/Cyl.
Item
#11
Methane in Argon
$ 54.00
P/Cyl.
Item
#12
Gas Mixture
$160.00
P/Cyl.
Item
#13
Demurrage
$ 2.75
P/Cyl.
(High Pressure)
$ 15.00
P/Cyl.
(Liquid
Cylinder)
M&C P-3822 adopted'I It was the consensus of the City Council that the recommendations be adopted.
M&C P-3823 re -
There was
presented Mayor and Council Communication No. P-3823 from the City
purchase of 42,300
Manager
submitting a
tabulation of bids received for the purchase of 42,300 pounds of
pounds of frozen
frozen
meat for the
Park and Recreation Department; stating that funds are available in
meat
General
Fund 01, Account Nos. 80-50-40, 80-50-30, and 80-50-35, Index Codes 309427,
308973,
and 309138,
respectively; and recommending that the purchase be made from
Animal Spectrum, Inc.,
on its low bid meeting City specifications of $18,172.00 net,
f.o.b.
Fort Worth.
It was the consensus of the City Council that the recommendation be
adopted.
M&C P-3824 re There was presented Mayor and Council Communication No. P-3824 from the City
purchase agreement Manager stating that various types of food are required to feed a variety of animals at
with Texas Cold the Fort Worth Zoo; that this food, requiring refrigeration, is stored when purchased
Storage, Inc. by the City and picked up at the storage facility as needed; that Texas Cold Storage,
Inc., is a sole source frozen product storage facility in Fort Worth; that budgeted
funds are sufficient to cover the anticipated expenditure by each department
participating in the agreement; and recommending that the City Council authorize a
purchase agreement with Texas Cold Storage, Inc., to provide cold storage services for
the Park and Recreation Department with storage charges based on total weight of each
product in storage at time of billing for a total estimated amount not to exceed
$9,000.00; with agreement to become effective October 1, 1989, and expire September 30,
j 1990. It was the consensus of the City Council that the recommendation be adopted.
Minutes of City Council N-3 Page 338
339
Tuesday, November 14, 1989
&C P-3825
greement to pro-
There was presented Mayor and Council Communication No. P-3825 from the City
ide maintenance on
Manager stating that the purchase of the National Advanced Central Processing Unit and
he disk storage
a 24 -month maintenance agreement was authorized by City Council in November of 1985 by
ystem
Mayor and Council Communication No. P-1834; that the City Council authorized the
Hospital District and the City for professional
ten-month agreement beginning December 13, 1988, and ending September 30, 1989; that
ospi tal District
the agreement will provide maintenance throughout the budget year of 1989-90; that
Smith Hospital
funds are available in General Fund 01, Account No. 04-20-00, Index Codes 228247 and
with the agreement to begin November 9, 1989,
226118; and recommending that the renewal for an additional year to the agreement to
later. Council
provide maintenance of a disk storage system for the Information Systems and Services
Member Granger made a motion, seconded by Council
Department be authorized with National Advanced Systems for an amount not to exceed
consideration
$16,282.00 net, f.o.b. Fort Worth; that the renewal for an additional year to the
of Mayor and Council Communication No. P-3826
agreement to provide maintenance of the Central Processing Unit for the Information
week. When the
Systems and Services Department would be authorized with National Advanced Systems for
motion was put to a vote by the Mayor, it prevailed unanimously.
an amount not to exceed $33,500.00 net, f.o.b. Fort Worth; and that the agreements be
effective from October 1, 1989, through September 30, 1990. It was the consensus of
the City Council that the recommendations be adopted.
&C P-3826 re
ont. for one week
There was presented Mayor and Council
Communication No. P-3826 from the City
greement to
Manager recommending that the City Council award
an agreement between
Tarrant County
arrant County
Hospital District and the City for professional
services in an estimated amount not to
ospi tal District
exceed $20,000.00 for the performance of rape examinations at John Peter
Smith Hospital
department head, with approval by the Assistant City Manager, has, since that time,
with the agreement to begin November 9, 1989,
and expire one year
later. Council
location of 1314 Lake Street is available in Grant Fund 76, Index Code 510206; and
Member Granger made a motion, seconded by Council
Member Chappell, that
consideration
with Excel Maintenance Service based on a monthly rate to add the building at 1314 Lake
of Mayor and Council Communication No. P-3826
be continued for one
week. When the
440 South Main Street 5,500 square feet $400.00/month
motion was put to a vote by the Mayor, it prevailed unanimously.
712 West Magnolia Avenue 2,914 square feet $250.00/month
&C P-3827 re There was presented Mayor and Council Communication No. P-3827 from the City
greement to pro- Manager submitting a tabulation of bids received for a purchase agreement with one-year
ide vehicle loop renewal option to provide vehicle loop wire sealant for all City departments; stating
ire sealant with that budgeted funds are sufficient to cover the anticipated expenditure by each
i -Tech Signals, department participating in the agreement; and recommending that the purchase agreement
nc. be authorized with Hi -Tech Signals, Inc., on low bid, meeting City specifications, of
$8.75 per quart, f.o.b. Fort Worth; authorize all City departments to participate in
this agreement, if needed, effective from date of approval until one year later. It
was the consensus of the City Council that the recommendations be adopted.
&C P-3828 re There was presented Mayor and Council Communication No. P-3828 from the City
urchase agreement Manager stating that the City Council authorized a purchase agreement with Waukesha
ith Waukesha Pearc Pearce Industries, Inc., on January 17, 1989, by Mayor and Council Communication
ndustries, Inc. No. P-3159, to furnish genuine White engine parts to the City Services Department; that
Waukesha Pearce Industries, Inc., has performed well and the City Services Department,
Equipment Services Division, has requested the option to renew be exercised; that
purchases will be charged to Equipment Services Fund 61, Subsidiary Inventory Account
No. 141-000270; and recommending that the City Council exercise the option to renew the
purchase agreement with Waukesha Pearce Industries, Inc., to furnish genuine White
engine parts to the City Services Department for one additional year on bid of dealer's
list price; and that the new agreement begin January 17, 1990, and end one year later.
It was the consensus of the City Council that the recommendations be adopted.
&C P-3829 re
uthori zed janitor-
There was presented Mayor and Council Communication No. P-3829 from the City
al services
Manager stating that a one-year purchase agreement to begin date of authorization of
Mayor and Council Communication No. P-3389 was authorized in April 1989 and amended by
Mayor and Council Communication No. P-3498 on May 30, 1989, for the provision of
janitorial service for Employment and Training Department; that the services provided
by Excel Maintenance Service have been excellent at a reasonable rate and the
department head, with approval by the Assistant City Manager, has, since that time,
requested annual renewal with waiver of competitive bids; that funds for the additional
location of 1314 Lake Street is available in Grant Fund 76, Index Code 510206; and
recommending that the City Council authorize amending the one-year purchase agreement
with Excel Maintenance Service based on a monthly rate to add the building at 1314 Lake
Street and to read as follows:
440 South Main Street 5,500 square feet $400.00/month
712 West Magnolia Avenue 2,914 square feet $250.00/month
801 West Cannon Street 11,000 square feet $550.00/month
1314 Lake Street 8,246 square feet $475.00/month
&C P-3829 adopted
It was the consensus of the City Council that the recommendation be adopted.
&C P-3830 re
There was presented Mayor and Council Communication No. P-3830 from the City
urchase agreement
Manager stating that a purchase agreement with Phoenix Envirosystems Corporation was
ith Peoenix En-
authorized on May 9, 1989, by Mayor and Council Communication No. P-3444 to supply
irosystems Corpora
Brown Bear parts; that on October 24, 1989, the City was informed by Brown Bear
ion - cancclI ed
Corporation that the distributor agreement with Phoenix Envirosystems Corporation had
been terminated as of September 13, 1989; that Brown Bear Corporation has no other
distributors and, therefore, will sell directly to the City; that budgeted funds are
sufficient to cover the anticipated expenditure by each department participating in the
agreement; and recommending that the City Council authorize cancellation of the
purchase agreement with Phoenix Envirosystems Corporation to supply Brown Bear parts;
award a purchase agreement to Brown Bear Corporation, as sole source, to supply Brown
Bear parts to the City Services Department on bid of dealer's list prices; and that the
Minutes of City Council N-3 Page 339
340
Tuesday, November 14, 1989
1. Authorize a purchase agreement with Spartan Reproduction,
Inc., to provide blueline reproduction on the low bid of unit
prices:
Item
agreement begin with the date of authorization by City Council and end one year later,
M&C P-3830 cont.
with option to renew for one additional year. It was the consensus of the City Council
and adopted
that the recommendations be adopted.
M&C P-3831 re
There was presented Mayor and Council Communication No. P-3831 from the City
purchase of stack-
Manager submitting a tabulation of bids received for the purchase of stacking chairs
ing chairs
for the Transportation and Public Works Department; stating that funds are available in
Line
Public Safety Improvement Fund 07, Project No. 011200-00, Index Code 616201; and
$4.50
recommending that the purchase be made from Royer & Schutts/Commercial Interior on its
4
low bid of $7,039.00 net, f.o.b. Fort Worth. It was the consensus of the City Council
Negative Positive/sq. ft.
that the recommendation be adopted.
M&C P-3832 re
There was presented Mayor and Council Communication No. P-3832 from the City
purchase agreement
Manager submitting a tabulation of bids received for a purchase agreement for blueline
with Spartan Re-
reproduction for all City departments; stating that budgeted funds are sufficient to
production, Inc.
cover the anticipated expenditure by each department participating in the agreement;
Frame Burns, each
and recommending that the City Council:
1. Authorize a purchase agreement with Spartan Reproduction,
Inc., to provide blueline reproduction on the low bid of unit
prices:
Item
1
B.L.
Direct Prints/sq. ft.
$ .045
Item
2
Auto
Positive Film/sq. ft.
$4.50
Item
3
Line
Film Negative/sq. ft.
$4.50
Item
4
Film
Negative Positive/sq. ft.
$4.50
Item
5
Erasable
Mylar Sepia/sq. ft.
$ .75
Item
6
Vacuum
Frame Burns, each
$ .75
Item
7
Xerox
2080 Vellum Prints/sq. ft.
$ .90
Item
8
Xerox
2080 Bond Print/sq. ft.
$ .65
Item
9
Paper
Sepia/sq. ft.
$ .27
2. Allow all
City
departments to participate
in this agreement,
if needed;
and
3. This agreement to begin the date of authorization by the City
Council and end one year later.
M&C P-3832 adopted It was the consensus of the City Council that the recommendations be adopted.
M&C P-3833 re There was presented Mayor and Council Communication No. P-3833 from the City
purchase agreement Manager stating that a one-year purchase agreement was authorized with two one-year
to provide library options for renewal on September 27, 1989, by Mayor and Council Communication
No. P-2930 with.Turner Subscriptions for magazines, newsletters, and pamphlets for the
library patrons; that service has been satisfactory and the department has requested to
exercise the first renewal option; that funds are available in Library Department
General Fund 01, Account No. 84-20-01, Index Code 321034; and recommending that the
City Council exercise the first option for renewal to the purchase agreement to provide
library periodicals for the Fort Worth Public Library with Turner Subscription on low
bid of publisher's retail price less three percent discount, for an amount not to
exceed $90,000.00, and that the agreement be effective from September 27, 1989, through
September 26, 1990. It was the consensus of the City Council that the
recommendationsbe adopted.
M&C P-3834 re There was presented Mayor and Council Communication No. P-3834 from the City
purchase agreement Manager stating that a one-year purchase agreement, with two one-year options for
for computer main- renewal, was authorized on February 17, 1987, by Mayor and Council Communication
tenance service No. P-1985 to provide maintenance service for the Leeds and Northrop LN 4500 computer
system at Village Creek Wastewater Treatment Plant; that the vendor has agreed to renew
the purchase agreement at the same unit rate; stating that funds are available in Water
and Sewer Operating Fund 45, Wastewater Treatment Account No. 70-50-02, Index Code
384594; and recommending that the City Council exercise final option to renew for one
year the purchase agreement for computer maintenance service for the Water Department
with Moncon, Inc., for the period beginning October 1, 1989, and ending September 30,
1990, for an amount not to exceed $40,000.00. It was the consensus of the City Council
that the recommendation be adopted.
M&C P-3835 re There was- presented Mayor and Council Communication No. P-3835 from the City
purchase agreement Manager submitting a tabulation of bids received for a purchase agreement for fine
for finest tock a a stock paper for the non -departmental Reprographics Division; stating that funds are
paper p�p`. available in Reprographics Fund 63, Account No. 90-13-10, Index Code 226522; and
recommending that a purchase agreement be authorized with Western Paper Company on low
bid of unit prices of $4.94 per thousand for 8 1/2" x 11" 20 pound White Xerographic;
and that the agreement begin with the date of authorization by City Council and end one
year later from that date. It was the consensus of the City Council that the
recommendations be adopted.
M&C P-3836 re There was presented Mayor and Council Communication No. P-3836 from the City
purchase agreement Manager submitting a tabulation of bids received for a purchase agreement to provide
to provide parts I parts and repair services for the Fire Department; stating that funds are available in
and repair services'General Account No. 36-30-00, Fund 01, Index Code 276469; and recommending that the
purchase agreement be authorized with Dyer's Appliance Center, as follows:
Minutes of City Council N-3 Page 340
341
Tuesday, November 14, 1989
M&C P-3836 cont. 1) Minimum trip charge $24.95 (includes first 15
minutes labor)
2) Labor rate per hour $32.00
3) Parts 15% off list price
4) Delivery charge -0-
M&C P-3836 adopted It was also recommended that the term of agreement begin with the date of authorization
and end one year later, with one-year option to renew. It was the consensus of the
City Council that the recommendations be adopted.
M&C P-3837 re There was presented Mayor and Council Communication No. P-3837 from the City
purchase of 78 full Manager submitting a tabulation of bids received for the purchase of 78 full size
size police sedans police sedans for the Police and Park and Recreation Departments; stating that funds
are available in General Fund 01, Account Nos. 35-31-00, 35-34-00, and 80-10-10, Index
Codes 264358, 265785, and 311563, respectively; and recommending that the purchase be
made from Classic Chevrolet, Inc., on low bid meeting specifications for an amount not
to exceed $1,066,252.91 net, f.o.b. Fort Worth. On motion of Council Member Murrin,
seconded by Council Member Chappell, the recommendation was adopted.
M&C P-3838 re There was presented Mayor and Council Communication No. P-3838 from the City
purchase agreement Manager submitting a quotation received for a purchase agreement to provide irrigation
to provide irri- parts and repair services for all City departments; stating that budgeted funds are
ga tion parts and sufficient to cover the anticipated expenditure by each department participating in the
repair services agreement; and recommending that the City Council authorize a purchase agreement with
Controller Services, Inc., as follows:
1) Irrigation parts 10% off list price
2) Pump parts Net price list
3) Labor rate per hour $35.00
4) Minimum service call $35.00
Terms are net, f.o.b. Fort Worth, TX
It was further recommended that all City Departments be authorized to participate in
this agreement, if needed, effective from date of authorization until expiration one
year later, with option to renew annually for two years. It was the consensus of the
City Council that the recommendations be adopted.
M&C L-9960 re There was presented Mayor and Council Communication No. L-9960 from the City
leases and ease- Manager stating it is necessary that instrument landing systems be constructed for air
ments with the traffic control at Fort Worth Alliance Airport; that the City of Fort Worth will not
United States of incur any expenses in the granting of these lease; and recommending that the City
America Manager be authorized to execute land lease and easements with the United States of
America for the purpose of the construction and placement of underground cable conduits
and Medium Intensity Approach Lights with Runway Alignment Indicator Lights located on
the north and south side of Fort Worth Alliance Airport. It was the consensus of the
City Council that the recommendation be adopted.
M&C L-9961 re
There was presented Mayor and Council Communication No. L-9961 from the City
Encroachment Agree
Manager stating it is necessary that an encroachment agreement be granted to Youth
ment
Centers of America across a drainage easement granted to the City of Fort Worth,
located on Lot 1-R, Block 11 -AR, Jinkens Heights Addition; that the agreement will be
used for the construction of a pedestrian bridge; that the owner of the property will
be solely responsible for the maintenance of the encroachment; and recommending that
the City Manager be authorized to execute an Encroachment Agreement covering an
easement with Youth Centers of America on property legally described as Lot 1-R,
Block 11 -AR, Jinkens Heights Addition. It was the consensus of the City Council that
the recommendation be adopted.
M&C L-9962 re
There was presented Mayor and Council Communication No. L-9962 from the City
cancellation of 50
Manager stating that Blanch Collins entered into a lease agreement with the City
year lease with
covering Lot 25, Block 9, Lake Work Lease Survey on March 23, 1982; that the lease was
Dean Alford
assigned to Dean Alford on June 10, 1985; and that Article 12 of that Lease Agreement
states, in part, that:
"In the event the lessee (1) be in arrears in the payment of the
rents, taxes or other amounts agreed upon hereunder for a period of
forty-five (45) days, the City shall have the right to terminate
this lease without reimbursement."
It was further stated that Mr. Alford currently is in arrears 32 months with his lease
rental account for a total of $1,261.91 plus $121.77 interest; that the required notice
was mailed to the Lessee on May 16, 1989, giving notice of termination for default
unless all arrearages were paid current; that the default still exists in that the
Lessee is in arrears in the lease account; and recommending that Council approve
cancellation of the 50 -year lease with Dean Alford covering Lot 25, Block 9, Lake Worth
Lease Survey; and authorize the lease site to be cleared at least possible expense to
the City if Mr. Alford fails to remove the improvements from the premises within 90
days from the date of cancellation. It was the consensus of the City Council that the
recommendations be adopted.
M&C L-9963 re There was presented Mayor and Council Communication No. L-9963 from the City
acquisition of Manager, as follows:
permanent easement
Minutes of City Council N-3 Page 341
342
M&C L-9963 cont. SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS
FOUR (4) TRANSACTIONS
RECOMMENDATION:
It is recommended that approval be given for the acquisition of the
land and/or easements described below:
1. Project: Floodway Easement/Fin and Feather Sport Center
Type of Acquisition: Permanent Easement
Description of Land: An irregularly shaped strip of land from
Lots 1 and 2R, Block 1, Bowyer Addition, as recorded in
Volume 388-146, Page 113, and Volume 388-183, Page 41, PRTCT,
containing 64,033 square feet as required for a permanent
flood easement.
Square Feet: 64,033
Zoning: "J" Light Industrial
Description of Improvements: None in the taking
Consideration: $1.00
Location: 9300 Block South Freeway
Owner: Jim F. Poole et ux Patricia A. Poole
Financing: Sufficient funds are available in New Development
Fund 90, Project No. 136025-00, Land Acquisition. This
expenditure will be made from Index Code 698787.
Land Agent: Don Shoulders
2. Project: Rehabilitation of Sewer 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: A rectangularly shaped strip of land
from Lot 20, Bloc, Colonial Hills Addition, as described in
Volume 5104, Page 06, DRTCT, containing 4.13 square feet as
required for a permanent sanitary sewer easement.
Square Feet: 4.13
Zoning: "A" One -family
Description of Improvements: None in the taking
Parcel No.: 2
Consideration: $1.00
Location: 3508 Park Hill Drive
Owner: Robert H. LeMond and Sharon H. LeMond
Financing: Sufficient funds are available in Sewer Capital
Improvements Fund 58, Project No. 017061-00. This expenditure
will be made from Index Code 698787.
Land Agent: Don Shoulders
3. Project: East 1st -East 4th Storm Drain Relief
Type of Acquisition: Temporary Construction Easement
Description of Land: A strip of land out of Lot 16, Block 19,
Page Co. s East Side Addition Second Filing, as recorded in
Volume 309, Page 3, Plat Records, Tarrant County, Texas. This
strip of land is 15 feet in depth and 140 feet in length and
contains 2,100 square feet as required for a temporary
construction easement.
Square Feet: 2,100
Parcel No.: 2
Consideration: $1.00
Location: 800 (Block) DeCosta Avenue
Owner: R. C. Bowen, Estate
Zoning: "B" Two-family
Minutes of City Council N-3 Page 342
13
lT3
ALI
&C L-9963 cont. Financing: Sufficient funds are available in Street
mpr� ovement Fund 67, Project No. 095106-00, Land Acquisition.
This expenditure will be made from Index Code 699884.
Land Agent: Ethel Roberts
4. Project: Western Center Boulevard from I-35 to Tandy Site
Type of Acquisition: Right-of-way and Temporary Construction
Easement
Description of Land: Right-of-way - A strip of land 42.06 to
54.05 feet in depth and 627.10 feet in length from Tract 1,
Richard Morris Survey, Abstract 1036, as described in
Volume 5160, Page 602, Deed Records, Tarrant County, Texas.
This strip of land contains .504 acres as required for street
right-of-way.
Temporary Construction_ Easement - Also a 15 foot wide strip of
land adjacent to the south side of the above described
right-of-way required for a temporary construction easement.
Square Feet: R.O.W. - .504 AC
T.C.E. - .31 AC
Parcel No.: 2
Consideration: $1.00
Supplemental Information: In return for this dedication, the
Department of Transportation and Public Works has consented to
a long term payout of the assessment paving cost.
Location: Southwest corner Western Center at I -35W
Owner: Cambridge Companies, Inc.
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10441
10441
AN ORDINANCE VACATING, ABANDONING AND CLOSING
AND EXTINGUISHING A PORTION OF DERIDDER AVENUE
LOCATED BETWEEN THE SABINE PLACE NO. 6 ADDITION
AND THE LASKO INDUSTRIAL ADDITION, A SIXTY -FOOT
WIDE DRAINAGE AND UTILITY EASEMENT, AND
FIVE-FOOT WIDE UTILITY EASEMENT, BOTH LOCATED
WITHIN THE LASKO INDUSTRIAL ADDITION, ALL IN
THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS,
AND ALL BEING MORE SPECIFICALLY DESCRIBED
HEREIN; PROVIDING FOR REVERSION OF FEE IN SAID
LAND; REPEALING ALL ORDINANCE IN CONFLICT
HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
M&C C-11983 re There was presented Mayor and Council Communication No. C-11983 from the City
amendment with Manager stating that the City Council approved a "requirements" contract with Rone
Rone Engineers
Minutes of City Council N-3 Page 343
Financing: Sufficient funds are available in New Development
Fund 90, Project No. 095106-00, Land Acquisition. This
expenditure will be made from Index Code 699900.
Land Agent: Ethel Roberts
M&C L-9963 adopted
It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. L-9963, be adopted.
M&C PZ -1563 re
There was presented Mayor and Council Communication No. PZ -1563 from the City
vacating a portion
Manager recommending that an ordinance be adopted vacating a 111.9 foot long portion of
of DeRidder Avenue
DeRidder Avenue between Lot 20, Block 35, Sabine Place No. 6 Addition, and Block 1,
Lasko Industrial Addition; a 60 -foot wide by approximately 800 -foot long drainage and
utility easement; and a 5 -foot wide by 60 -foot long utility easement located in
Block 1, Lasko Industrial Addition. It was the consensus of the City Council that the
recommendation be adopted.
Introduced an
Ordinance
Council Member Garrison 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. ORDINANCE NO. 10441
10441
AN ORDINANCE VACATING, ABANDONING AND CLOSING
AND EXTINGUISHING A PORTION OF DERIDDER AVENUE
LOCATED BETWEEN THE SABINE PLACE NO. 6 ADDITION
AND THE LASKO INDUSTRIAL ADDITION, A SIXTY -FOOT
WIDE DRAINAGE AND UTILITY EASEMENT, AND
FIVE-FOOT WIDE UTILITY EASEMENT, BOTH LOCATED
WITHIN THE LASKO INDUSTRIAL ADDITION, ALL IN
THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS,
AND ALL BEING MORE SPECIFICALLY DESCRIBED
HEREIN; PROVIDING FOR REVERSION OF FEE IN SAID
LAND; REPEALING ALL ORDINANCE IN CONFLICT
HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
M&C C-11983 re There was presented Mayor and Council Communication No. C-11983 from the City
amendment with Manager stating that the City Council approved a "requirements" contract with Rone
Rone Engineers
Minutes of City Council N-3 Page 343
344
Tuesday, November. 14, 1989
M&C C-11983 cont. Engineers on March 24, 1988, by Mayor and Council Communication No. C-10858 for geotech
services in the amount of $200,000.00 and 18 months duration; that approximately
$140,000.00 has been expended on the contract, but the 18 -month period has expired;
that the City has requested proposals for a new contract from local consultants, but
anticipates that about 90 days will be required to select a new firm, negotiate a
contract, secure city Council approval, confirm insurance coverage, and execute the
documents; that, in order to maintain service during the interim period, it is proposed
to extend the time period on the current contract for 90 days; that Rone Engineers has
agreed to maintain the current price structure and extend insurance policies to cover
this period; that no financing is required for this contract since all funds used come
from the individual project being served; and recommending that the City Manager be
authorized to execute an amendment to City Secretary Contract No. 16301 with Rone
Engineers providing for a 90 -day extension in time with no increase in the dollar
amount of the contract. It was the consensus of the City Council that the
recommendation be adopted.
M&C C-11984 re There was presented Mayor and Council Communication No. C-11984 from the City
contract with Manager stating that the North Texas Commission is a non-profit corporation established
North Texas Comm- in 1972 for the purpose of developing and implementing a comprehensive marketing
ission program for the 11 -county North Texas region; that, at present, the Commission's
operating revenue is derived from corporate, bank clearinghouse, utility, and interest
income sources; that the City of Fort Worth's 1989-90 subscription for membership is
$37,936.00, as approved in the budget; that funds are available in General Fund 01,
Account No. 90-45-00, Index Code 329433; and recommending that the City Manager be
authorized to enter into a contract with North Texas Commission for membership and
services for the period of October 1, 1989, through September 30, 1990, in an amount
not to exceed $37,936.00 per annum; with contract payments to be made monthly in
advance in 11 equal installments of $3,161.33 and one installment of $3,161.37
commencing the first day of October, 1989. It was the consensus of the City Council
that the recommendation be adopted.
M&C C-11985 re
termination of
There was presented Mayor and Council Communication No. C-11985 from the City
contract with
Manager stating that Calvert Paving Corporation was awarded a contract to construct and
Calvert Paving
install parking lot improvements and soccer field lighting at Rolling Hills Park; that,
Corporation
as required by contract documents, Calvert provided to the City a performance bond
issued by Security National Insurance; that Calvert Paving Corporation failed to
complete the project as required, and, on October 6, 1989, demand was made on Security
National, as surety, to complete the project; that Security National has tendered Sun
Electrical to complete the project; that the City will pay to Sun the sum of $44,000.00
to complete the contract; that, after assessments of liquidated damages in the amount
of $12,600.00, completion of punch list work to be performed by the City, but paid for
by the surety, the City will not suffer any loss on the project; and recommending that
City Council terminate City Secretary Contract No. 16577 with Calvert Paving
Corporation; authorize the City Manager to execute a contract with Sun Electrical
Contractors, Inc., in the amount of $44,000.00 for the completion of the construction
and installation of parking lot improvements and soccer field lighting at Rolling Hills
Park; and accept surety payment of $14,067.92 and approve a supplemental appropriations
ordinance increasing estimated receipts in Park and Recreation CIP Fund 05, Project
No. 041036-00, and appropriating $14,067.92 to Park and Recreation CIP Fund 05, Project
No. 041036-00. It was the consensus of the City Council that the recommendations be
adopted.
Introduced an
ordinance
Council Member Garrison 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. ORDINANCE NO. 10442
10442 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS
IN THE PARK AND RECREATION CIP FUND 05, PROJECT
NO. 041036-00, OF THE CITY OF FORT WORTH FOR
THE FISCAL YEAR 1990 BY THE SUM OF $14,067.92
AND APPROPRIATING SAID $14,067.92 TO THE PARK
AND RECREATION CIP FUND 05, PROJECT
NO. 041036-00, FOR THE PURPOSE OF COMPLETING
CONSTRUCTION AND INSTALLATION OF PARKING LOT
IMPROVEMENTS AND SOCCER FIELD LIGHTING AT
ROLLING HILLS PARK; PROVIDING FOR A
SEVERABILITY CLAUSE; MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR ORDINANCES AND REPEALING
j ALL PRIOR ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
Minutes of City Council N-3 Page 344
345
Tuesday, November 14, 1989
Ordinance No. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
10442 cont. WORTH, TEXAS:
SECTION 5.
This ordinance shall take effect and be in full force and
effect from and after the date of its passage, and it is so
ordained.
M&C C-11986 re There was presented Mayor and Council Communication No. C-11986 from the City
decreasing contract Manager, as follows:'
with Orval hall SUBJECT: CHANGE ORDER NO. 6 KELLER-HASLET ROAD AND HERITAGE
Excavating and PARKWAY (ALLIANCE AIRPORT)
Concho Construct-
ion Joint Venture RECOMMENDATION:
It is recommended that the City Council approve Change Order No. 6
for a credit of $30,850.00 decreasing City Secretary Contract
No. 16916 with Orval Hall Excavating and Concho Construction Joint
Venture to $3,982,638.19 to construct Keller -Haslet Road and
Heritage Parkway at Alliance Airport.
DISCUSSION:
On January 17, 1989 (M&C C-11417), the City Council awarded a
contract in the amount of $3,985,530.79 to Orval Hall Excavating &
Concho Construction Joint Venture to construct portions of
Keller -Haslet Road and Heritage Parkway at Alliance Airport. This
project was assigned City Secretary Contract No. 16916 and the
contract has been subsequently increased to $4,013,488.19 by
approval of Change Order Nos. 1 through 5.
PROPOSED CHANGE ORDER NO. 6:
It is proposed that the fifteen (15) pole assemblies and drilled
shaft foundations for the street lights on this project be deleted
from the contract and be accomplished by Transportation and Public
Works Street Light personnel. This proposal was contained in the
original award of contract M&C as a future change order. The
contractor has agreed to the deletion of the pole assemblies and
foundations in the amount of $30,850.00, which was the amount bid
to do this work.
PROJECT COST:
Original Contract Cost: $3,985,530.79
Approved Change Order Nos. 1 through 5: 27,957.40
Proposed Change Order No. 6: (30,850.00)
Proposed Contract Cost: $3,982,638.19
FINANCING:
Minutes of City Council N-3 Page 345
Approval of this Change Order and other previously approved Change
Orders would result in a net reduction of 0.1% to the original
contract price. The amount of ($30,850.00) will be a credit to
Contract No. 16916C, Project No. 89-032067-00, Keller Haslet Road
Street Lights.
M&C C-11986 adopte
It was the consensus of the City Council that the recommendation, as contained in Mayor
and Council Communication No. C-11986, be adopted.
M&C C-11987 re
There was presented Mayor and Council Communication No. C-11987 from the City
contract with
Manager stating that an agreement with Haltom City providing for reconstruction of
Carter and Burgess
North Beach Street and Western Center Boulevard was approved by City Council on
Inc.
September 18, 1984, by Mayor and Council Communication No. C-8619; that the cost of
design engineering and construction would be shared equally, and right-of-way
acquisition would be the responsibility of each City within their respective City
limits; that the City Council authorized a contract in the amount of $102,500.00 with
Carter and Burgess, Inc., (City Secretary Contract No. 14221) on November 20, 1984, by
Mayor and Council Communication No. C-8731 for design of street improvements to Western
Center Boulevard from North Beach Street to Watauga city limit; that the necessary
design work covered under this contract was completed in 1986; that, due to economic
down -turn, the City of Haltom City was not able to secure the necessary right-of-way
and its share of funding for design and construction; that the City of Watauga recently
improved a section of Western Center Boulevard within its limits to a six -lane divided
roadway just to the east of this project; that the City of Haltom City also has
expressed its desire to improve this section of Western Center Boulevard to a six -lane
divided roadway; that City staff recommends that Western Center Boulevard be improved
to a six -lane divided roadway within the project limit; that Carter and Burgess, Inc.,
has agreed to update the plans and contract documents, and also to prepare additional
plans and contract documents for a six -land divided roadway option for an amount not to
Minutes of City Council N-3 Page 345
346
Tuesday, November 14, 1989
M&C C-11987 cont. exceed $22,500.00; that funds are available in Street Improvement Fund 29, Project
No. 036824-00; and recommending that the City Manager be authorized to execute an
amendment to City Secretary Contract No. 14221 with Carter and Burgess, Inc.,
increasing the maximum engineering fee for design services for Western Center Boulevard
by $22,500.00 for a new total of $125,000.00. It was the consensus of the City Council
that the recommendation be adopted.
M&C C-11988 re
There was presented Mayor and Council Communication No. C-11988 from the City
approved Central
Manager stating that the City Council approved a contract with The O'Brien Partnership
Library Expan-
to provide A/E services on the Central Library Expansion for a fee of $468,000.00 on
sion Project
January 12, 1988, by Mayor and Council Communication No. C-10738; that Amendment No. 1
to the contract, increasing the scope of the project to include water infiltration
remedial work and the cable studio facility's design, was approved on December 12,
1988, by Mayor and Council Communication No. C-11369 for an additional fee of
$200,000.00; that Amendment No. 2 was approved on April 18, 1989, by Mayor and Council
Communication No. C-11601, to add $35,000.00 for street reconstruction design for the
four streets around the Central Library; that, in January 1989, the City Council's
Subcommittee for the Central Library Expansion project gave direction to delay the
advertising for bids until such time as private fund raising efforts had occurred;
that, rather than recommend the option of seeking additional funding, the staff
recommendation is to authorize and direct the architect to rework and redesign the
project to keep the total construction budget at the previous level approved by City
Council; that it is also recommended that the Architect's contract be amended to
include selection assistance for the $980,000.00 of furnishings, fixtures, and
equipment to be purchased for the facility, and additional on-site presence by the
Architect during the construction phase of the project; that negotiations with The
O'Brien Partnership have resulted in a fee proposal for these additional services in
the amount of $200,000.00; that staff considers this to be fair and reasonable for the
work involved; and recommending that the City Council approve the Central Library
Expansion Project design and scope as detailed at the November 7, 1989, work session;
approve a bond fund transfer in the amount of $100,000.00 from 65-011400-003, East
Regional Library, to 65-011200-00, Central Library Expansion, to provide funds for
additional architectural services; and authorize the City Manager to amend City
Secretary Contract No. 16269 with The O'Brien Partnership in the amount of $200,000.00
for additional architectural services for the Central Library, increasing the total fee
to $903,000.00.
Mrs. Nancy Amos Mrs. Nancy Amos, representing the Department of Transportation and Public
re M&C C-11988 Works, appeared before the City Council regarding the need for revisions to the
architectural design of the Central Library Expansion Project.
Council Member Zapata made a motion, seconded by Mayor Pro tempore Gilley,
that the contract with The O'Brien Partnership for architectural engineering services
on the Central Library Expansion Project be amended in the amount of $127,500.00 which
is the amount necessary to go forward to finalize the design changes and allow the
project to go through to its bid stage. When the motion was put to a vote by the
Mayor, it prevailed unanimously.
M&C C-11989 re There was presented Mayor and Council Communication No. C-11989 from the City
increase contract Manager, as follows:
with Newell and
Newell, Ltd. SUBJECT: CHANGE ORDER NO. 2 RANDOL MILL ROAD (I-820 TO WOODHAVEN)
Partnership
RECOMMENDATION:
It is recommended that the City Council approve Change Order No. 2
in the amount of $77,806.47 and authorize the City Manager to
increase City Secretary Contract No. 16454 with Newell and Newell,
Ltd. Partnership, to $5,928,537.60 to construct Randol Mill Road
from I-820 to Woodhaven Boulevard.
BACKGROUND:
On April 19, 1988 (M&C C-10924), the City Council awarded a
contract in the amount of $5,901,244.43 to Newell & Newell, Ltd.
Partnership, to construct Randol Mill Road from I-820 to Woodhaven
Boulevard. This contract was assigned City Secretary Contract
No. 16454. This contract was later decreased to $5,850,731.13 by
approval of Change Order No. 1.
PROPOSED CHANGE ORDER NO. 2:
During the course of construction it has been found that certain
changes to the project were required to accommodate existing
situations at the site. This includes an additional 16,000 cubic
yards of borrow, 184 feet of hand railing, 149 L.F. of storm drain
pipe, one 5 -foot manhole, a drop inlet with landscaping, an
additional 883 L.F. of drilled shafts, 27 cubic yards of concrete
for headwalls, and 48 steel diaphrams for the bridge. This
additional cost was partially offset by a decrease of 86 L.F. of
storm drain pipe of other sizes, 111 linear feet of drilled shaft,
and 145 cubic yards of concrete for diaphram and retaining walls.
The contractor has agreed to do this additional work for a total of
Minutes of City Council N-3 Page 346
347
Tuesday, November 14, 1989
&C C-11989 cont. $77,806.47. Engineering staff has reviewed this proposal and finds
the costs to be fair and reasonable for the work to be done.
PROJECT COST AND FINANCING:
Original Contract Cost $5,901,244.43
Approved Change Order No. 1 (-50,513.30)
Proposed Change Order No. 2 77,806.47
Proposed Contract Cost $5,928,537.60
Approval of this proposed change order and the previously approved
change order would increase the original contract amount by 0.46%.
FINANCING:
4. Approve the following fund transfers:
FROM
Sufficient funds are available in Street and Related Improvement
AMOUNT
Fund 30, Project No. 036812-00, Handley Ederville/Randol Mill Road,
67-040134-00
to finance this change order. Expenditures will be made from Index
$ 31,611.67
Code 680405.
M&C C-11989 adopted
It was the consensus of the City Council that the recommendation, as contained in Mayor
and Council Communication No. C-11989, be adopted.
M&C C-11990 re
There was presented Mayor and Council Communication No. C-11990 from the City
rescinded award of
Manager, as follows:
contract to Steed,
Unspecified
Inc. water main
SUBJECT: RESCINDING AWARD OF CONTRACT FOR STREET IMPROVEMENTS TO
replacement
TRUMAN DRIVE, MYRTLE STREET, PARKWAY DRIVE, AND
$192,491.64
APPLICABLE WATER MAIN REPLACEMENT TO WALT WILLIAMS
Truman, Myrtle
CONSTRUCTION COMPANY AND STEED, INC.
RECOMMENDATION:
and Parkway
It is recommended that the City Council:
1. Rescind award of contract to Steed, Inc. for the 6 -Inch and
8 -Inch Water Main Replacement in Truman Drive from Stalcup
Road to Flemmings Drive (Unit I);
76-206080-52
2. Rescind award of contract to Walt Williams Construction
$ 39,547.64
Company for the Assessment Paving of Truman Drive, from
Truman Drive
Stalcup Road to Flemmings Drive (Unit II), Myrtle Street, from
Kuroki Lane to Dead End (Unit III), and Parkway Drive, from
Old Hemphill Road to Dead End (Unit IV);
3. Authorize the staff to readvertise for construction bids the
Assessment Paving of Myrtle Street, from Kuroki Lane to Dead
End, and Parkway Drive, from Old Hemphill Road to Dead End;
67-017078-00
and
4. Approve the following fund transfers:
FROM
TO
AMOUNT
REASON
67-040134-00
94-009905-00
$ 31,611.67
To return property
Truman, Myrtle
Special
owners' share of
and Parkway
Assessments
cancelled project
Unspecified
to revolving fund.
67-040134-00
67-040901-00
$192,491.64
To return funds
Truman, Myrtle
Inner City
for cancelled pro -
and Parkway
Streets
ject to unspeci-
Unspecified
fied account.
76-206080-52
76-206080-35
$ 39,547.64
To return funds
Truman Drive
Eleventh Year
for cancelled pro-
CDBG Inner
ject to source ac -
City Streets
count.
67-017078-00
94-009905-00
$ 93,688.00
To return funds
Truman Drive
Special :
for cancelled pro -
Water Line
Assessments
ject to revolving
Unspecified
fund.
DISCUSSION:
On August 15, 1989, the City Council (M&C C-11812) awarded a
contract to Steed, Inc., for 6 -Inch and 8 -Inch Water Main
Replacement in Truman Drive from Stalcup Road to Flemmings Drive,
in the amount of $93,688.00, and to Walt Williams Construction
Company for the Assessment Paving of Truman Drive from Stalcup Road
to Flemmings Drive, Myrtle Street from Kuroki Lane to Dead End, and
Parkway Drive from Old Hemphill Road to Dead End, in the total
amount of $410,103.70. On September 26, 1989, a benefit hearing was
Minutes of City Council N-3 Page 347
:318
Tuesday, November 14, 1989
M&C C-11990 cont. held for the purpose of levying assessments for the Truman Drive
and Myrtle Street projects. At the hearing, City Council
authorized the deletion of Truman Drive, from Stalcup Road to
Flemmings Drive (Unit II) from consideration for construction at
this time. Since the Truman Drive (Unit II) portion represented 65%
of the total contract amount, Walt Williams Construction Company
has declined to accept the Myrtle Street (Unit III and Parkway
Drive (Unit IV) portions of the contract. Under the circumstances,
staff offers no objections to his action and recommends that the
entire contract be rescinded.
With no street construction being done at this time on Truman
Drive, the Water Department no longer plans to replace the 6 inch
and 8 inch water mains in Truman Drive. Thus, the Unit I contract
awarded to Steed, Inc. also needs to be rescinded.
Staff will repackage the Myrtle Street and Parkway Drive projects
and readvertise as soon as possible so these projects can proceed.
FINANCING:
Upon approval and completion of Recommendation No. 4, the funds
previously transferred for the Truman Drive project will be
returned to the original unspecified accounts.
M&C C-11990 adopted On motion of Mayor Pro tempore Gilley, seconded by Council Member McCray, the
recommendations, as contained in Mayor and Council Communication No. C-11990, were
adopted.
M&C C-11991 re There was presented Mayor and Council Communication No. C-11991 from the City
Casino Beach/Aqua Manager, as follows:
Golf Lease SUBJECT: CASINO BEACH/AQUA GOLF LEASE
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager
to negotiate and execute a ten (10) year lease with two (2)
ten (10) year options with Aqua Golf - Lake Worth, Inc. for the use
of approximately fifteen (15) acres at Lake Worth to conduct the
activities outlined below.
nTSCIISS TnN-
On September 12, 1989, Mr. Robert Birch, Aqua Golf - Lake Worth,
Inc. presented to the City Council a proposal to develop
approximately fifty acres at Lake Worth. Phase I included the
renovation of Casino Beach and the installation and operation of an
Aqua Golf driving range on designated park land south of Casino
Beach. Phase II included future commercial development. Since the
presentation, Mr. Birch has limited his proposal to Phase I which
includes Casino Beach, Aqua Golf, miniature golf and related
activities.
The improvements and activities which are being proposed include:
1) Landscaping - Demolish all derelict buildings, remove the BMX
bike track, landscape the entire area, install underground
irrigation and electrical systems, plant new grass, rebuild
and extend the beach, provide parking spaces for 300 cars,
remove unsightly undergrowth and build a transit path between
the Aqua Golf and beach areas.
2) Aqua Golf - Install an Aqua Golf practice range, complete with
covered hitting stations and an attractive central center.
3) Miniature Golf - An 18 hole miniature golf facility will be
built adjacent to the Aqua Golf range.
4) Picnic Facilities - Covered picnic facilities will be built
either side of the main pavilion at Casino Beach.
5) Main Pavilion - The existing main building at Casino Beach
will be renovated or a completely new pavilion will be built.
6) Swimming Facilities - The swimming area will be completely
renovated, with particular emphasis on safety.
The proposal also requests consideration for these possible future
activities:
Marina Facilities Video Games
Boat Launching Facilities Bingo
Fish Farm Paddle Boats
Minutes of City Council N-3 Page 348
349
M&C C-11991 cont. Fishing Equipment & Paint Sales Batting Cages
Power Boat Rental and Sales Indoor Tennis
Water Ski Rental Food and Drink Sales
Skating Rink Alcohol Sales
Dance Hall Souvenir Sales
Pool Hall Golf Equipment Sales
The lease would be for ten (10) years with two (2) ten (10) year
options. The proposed terms of the lease would be the following:
Year 1 $1,500 per month; payable at the end of the first
year
Years 2-10 $3,000 per month
Years 11-20 7% of gross revenue for the previous year or $84,000
per year, whichever is greater
Years 21-30 10% of gross revenue for the previous year or
$150,000 per year, whichever is greater
Mr. Bruce McClendon, Planning Director, has reviewed this proposal.
He indicated that although Aqua Golf is not mentioned in the Lake
Worth Plan, it is his opinion that this proposal is not in conflict
with the overall goal of the plan.
The Park and Recreation Advisory Board met on October 26, 1989, to
consider the proposal and passed the following motion:
"It is recommended that the Park and Recreation Advisory Board
concur with the leasing of above mentioned land for the
purpose outlined in the Aqua Golf Proposal."
The Park and Recreation Board also expressed the following
concerns:
-- The boat ramp should remain accessible to the public during
normal operating hours, and be accessible from the lake for
emergencies.
-- The golf range must not prohibit boats from navigating from
one part of the lake to the other.
-- The proposer must communicate with the Neighborhood
Association to answer their questions.
-- The proposed development must comply with the overall
objective of the proposed Lake Worth Plan.
-- The Board expressed concerns about alcohol sales and request
that some restrictions be included in the lease.
-- Land currently designated for parks would continue to be used
for recreational purposes and accessible to the general
public.
-- The length of the lease was a concern.
-- The Board desires that the revenue from this lease go into the
Lake Worth Trust Fund.
M&C C-11991 adopteCouncil Member Zapata made a motion, seconded by Council Member Murrin, that the
recommendation, as contained in Mayor and Council Communication No. C-11991, be
adopted.
Council Member Chappell made a substitute motion, seconded by Council Member
Granger, that the recommendations, as contained in Mayor and Council Communication
No. C-11991, be approved in concept subject to negotiations that Mr. Garrison and Mayor
Bolen raised this morning. When the substitute motion was put to a vote by the Mayor,
it prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison,
Granger, McCray, Murrin, Webber, and Chappell
i
NOES: Council Member Zapata
ABSENT: None
Mr. Tom Reed re Mr. Tom Reed appeared before the City Council and advised the City Council
M&C C-11991 that the Lake Worth Civic League endorses the Aqua Golf Program and improvements to
Casino Beach.
M&C FP -2632 re There was presented Mayor and Council Communication No. FP -2632 from the City
complete miscell- Manager stating that Miscellaneous Curb and Gutter, Driveway, and Pavement Base Repair
aneous curb and
gutter, driveway
and pavement base
repair
Minutes of City Council N-3 Page 349
350
Tuesday, November 14, 1989
M&C FP -2632 cont. (89-2) Street Improvements have been completed in accordance with plans and
specifications under Contract No. 17088 awarded to Circle "C" Construction on April 18,
1989; and recommending that the City Council accept as complete Miscellaneous Curb and
Gutter, Driveway and Pavement Base Repair (89-2) Street Improvements and authorize
final payment in the amount of $12,287.33 to Circle "C" Construction, with funds
available in Contract Street Maintenance Fund 93, Retainage Account No. 205-017088;
Street Improvement Fund 67, Retainage Account No. 205-017088; and Contract Encumbrance
No. 17088A. It was the consensus of the City Council that the recommendations be
adopted.
Proposed Zoning It appearing to the City Council that on October 10, 1989, the City Council
Ordinance and continued the hearing in connection with recommended change in zoning by proposed
approving Z-89-90 Zoning Ordinance Text Amendment providing that Parole and Probation Offices shall be
permitted in "ER" Restricted Commercial Districts and less restricted zoning districts
by providing that parole and probation offices be located more than 500 feet from one
or two-family residential districts and that non -conforming parole or probation offices
located in lease facilities shall be permitted to continue in operation only during the
term of the existing lease and, upon expiration of the lease, the non -conforming use
shall no longer be a permitted use, Zoning Docket No. Z-89-90, be continued from day to
day and from time to time and especially to the meeting of November 14, 1989, Mayor
Bolen asked if there was anyone present desiring to be heard.
It appearing to the City Council that Resolution No. 1477 was adopted by the
City Council of the City of Fort Worth, Texas, on October 17, 1989, setting today as
the date for hearing in connection with recommended changes and amendments to Zoning
Ordinance No. 3011, and that due notice of the hearing has been given by publication in
the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, Mayor
Bolen asked if there was anyone present desiring to be heard.
Council Member Granger made a motion, seconded by Council Member Chappell,
that Section A.15.a. of the proposed Zoning Ordinance Text Amendment covered by Zoning
Docket No. Z-89-90 be amended to read as follows:
"Unless located in a building, other structure, or land under the
control, administration or jurisdiction of a state or federal
agency, parole or probation offices shall be permitted only in the
"FR" Restricted Commercial District and less restricted Zoning
Districts"
that Section A.15.c be amended to read as follows:
Mrs. Bonnie Siddons Mrs. Bonnie Siddons appeared before the City Council and stated that, if the
re Z-89-93 City decides to license group homes, the Mental Health Association will assist the City
in putting something in place.
Mr. Rob Hood re Mr. Rob Hood, 2525 Ryan Place Drive, President of the Ryan Place Improvement
Z-89-93 Association, appeared before the City Council and expressed opposition to the Zoning
Ordinance Text Amendment covered by Zoning Docket No. Z-89-93 providing for an
additional class of family home called "Family Home II".
Minutes of City Council N-3 Page 350
"Nonconforming parole or probation offices located in lease
facilities shall be permitted to continue in operation only during
the term of the existing lease. Upon expiration of the existing
lease, the nonconforming use shall no longer be permitted."
Z-89-90 adopted
and that Zoning Docket No. Z-89-90, as amended, be approved. 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 the proposed Zoning Ordinance Text Amendment covered by Zoning Docket No. Z-89-93
be approved subject to setting out verbatim in the ordinance Sections 4.32 to 4.47 of
the Texas Department on Mental Health Community Standards for Residential Programs
Settings.
Mrs. Shirley Gandy
Mrs. Shirley Gandy, representing the Mental Health Association, appeared
re Z-89-93
before the City Council and expressed appreciation for the City Council in proposing
the proposed amendment to the Zoning Ordinance Text Amendment providing for a "Family
Home II" for disabled persons.
Mrs. Gwen Neal
Mrs. Gwen Neal, 309 Crestwood, representing members of the Fort Worth League
re Z-89-93
of Neighborhoods Association who are opposed to Zoning Docket No. Z-89-93, and the
Oakhurst, West Meadowbrook, Arlington, Belmont Terrace, and JMSL neighborhood
associations, appeared before the City Council and expressed opposition to the proposed
Zoning Ordinance Text Amendment providing for a "Family Home II" for disabled persons.
Mr. Dan Tartaglia
Mr. Dan Tartaglia, Assistant City Attorney, appeared before the City Council
re Z-89-93
and advised the City Council that State law sets a minimum requirement; that cities can
go beyond that but not less than State requirement; and that, under the State law, the
proposed ordinance is legal but that, if additional language is going to be added at
this time, he would like to have time to research for legality of the proposed new
language.
Mrs. Bonnie Siddons Mrs. Bonnie Siddons appeared before the City Council and stated that, if the
re Z-89-93 City decides to license group homes, the Mental Health Association will assist the City
in putting something in place.
Mr. Rob Hood re Mr. Rob Hood, 2525 Ryan Place Drive, President of the Ryan Place Improvement
Z-89-93 Association, appeared before the City Council and expressed opposition to the Zoning
Ordinance Text Amendment covered by Zoning Docket No. Z-89-93 providing for an
additional class of family home called "Family Home II".
Minutes of City Council N-3 Page 350
351
Z-89-93 adopted When the motion, that Zoning Docket No. Z-89-93 be approved subject to
setting out verbatim in the ordinance Section 4.32 to 4.47 of the Texas Department of
Mental Health Community Standards for Residential Program Setting, was put to a vote by
the Mayor, it prevailed unanimously.
Z-89-94 approved Council Member McCray made a motion, seconded by Council Member Granger, that
the application of James Lemons for a change in zoning of property located at
3129 Halbert Street from "E" Commercial and "I" Light Industrial to "I" Light
Industrial, Zoning Docket No. Z-89-94, be approved. When the motion was put to a vote
by the Mayor, it prevailed unanimously.
Z-89-95 approved Mayor Pro tempore Gilley made a motion, seconded by Council Member Murrin,
that the Zoning Ordinance Text Amendment amending Section 2-G, "HC" Historic and
Cultural Subdistrict to read "HC" Historic and Cultural Landmark Suddistrict and by
changing the name of the Historic and Cultural Advisory Board to the Historic and
Cultural Landlmark Commission, Zoning Docket No. Z-89-95, be approved. When the motion
was put to a vote by the Mayor, it prevailed unanimously.
Z-89-96 approved Mayor Pro tempore Gilley made a motion, seconded by Council Member Garrison,
that the proposed Zoning Ordinance Text Amendment amending Section 16 -Accessory Uses,
to clarify the restrictions governing fences in front yards, Zoning Docket No. Z-89-96,
be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously.
Council Member Webber made a motion, seconded by Council Member Murrin, that
Z-89-97 approved the application of Newton-Carb Company, Inc., for a change in zoning of property
located at 5301, 5305, and 5309 Erath Street (3501 Mansfield Highway) from "E"
Commercial to "PD -SU" Planned Development/Specific Use for all uses allowed in the "E"
Commercial District and the sale of feed from trucks with overnight storage with waiver
of site plan recommended, Zoning Docket No. Z-89-97, be approved. When the motion was
put to a vote by the Mayor, it prevailed unanimously.
Z-89-98 approved Council Member Granger made a motion, seconded by Council Member McCray, that
the application of Joe H. Crain for a change in zoning of property located at
4301-4375 South Hulen Street from "CF" Community Facilities to "PD -SU" Planned
Development/Specific Use for office and accessory uses with waiver of site plan
recommended, Zoning Docket No. Z-89-98, be approved. When the motion was put to a vote
by the Mayor, it prevailed unanimously.
Mayor Bolen requested that the following correspondence be made a part of the
record:
November 14, 1989
City Council
CITY OF FORT WORTH
1000 Throckmorton Street
Fort Worth, Texas 76102
Subject: City Council Review of Z-89-98
Lots 3, 4, & 5, Block E
Overton West Addition
Gentlemen:
The owner of the subject property, WILLOWLAKE PROFESSIONAL CENTER,
and WESTCLIFF NEIGHBORHOOD ASSOCIATION, in whose area the property
is located, have agreed to the following limitations or
restrictions regarding approval of the zoning request for the
subject property:
* Zoning will be PDSU-Professional Office and accessory uses and
by agreement of Westcliff Neighborhood Association, the site
plan will be waived.
* The professional office facility will not exceed 20,000 square
feet of floor area.
* The professional office facilities will not exceed the maximum
35 foot height of a single story structure.
* The professional office facility shall be constructed of
masonry materials and glass openings.
* The additional office structure will be of the same design and
appearance and utilize the same materials as the currently
existing office structure to ensure an aesthetically pleasing
end -product and coordinated design.
* The subject property shall incorporate an aesthetically
pleasing landscape design into the over all development. The
northern greenbelt fronting on Westdale Drive will where
Minutes of City Council N-3 Page 351
352
Tuesday, November 14, 1989
-89-98 cont. possible incorporate berming, evergreen ground cover or grass,
and an attractive planting plan.
These terms and conditions were agreed upon after a full discussion
and presentation to a Town Hall Meeting of the WESTCLIFF
NEIGHBORHOOD ASSOCIATION on the evening of October 30, 1989 at
7:00 P.M.
Your favorable consideration and approval of the subject zoning
application as applied for and recommended by the Planning & Zoning
Commission and as conditioned in this letter, will be greatly
appreciated.
Respectfully submitted,
WILLOWLAKE PROFESSIONAL CENTER
/S/ Everett A. Roberts
/S/ Joe H. Crain
Agreed to by:
WESTCLIFF NEIGHBORHOOD ASSOCIATION
By: /S/ Ben Robinson, President
Date: November 10, 1989
-89-99 approved 11Council Member Granger made a motion, seconded by Mayor Pro tempore Gilley,
that the application of Nickel Pender Eden Joint Venture for change in zoning of
property located at 1211 Fairmount Avenue from "D" Multi -Family to "F -R" Restricted
Commercial, Zoning Docket No. Z-89-99, be approved. When the motion was put to a vote
by the Mayor, it prevailed unanimously.
-89-100 approved Council Member Webber made a motion, seconded by Mayor Pro tempore Gilley,
that the application of Earl Campbell for a change in zoning of property located at
1628 and 1670 East Hattie Drive from "C" Multi -Family, "E" and "F" Commercial to
"PD -SU" Planned Development/Specific Use to allow all uses in the "E" Commercial
District, floral delivery pool, floral wholesale and indoor storage or flowers, with
waiver of site plan approved, Zoning Docket No. Z-89-100, be approved. When the motion
was put to a vote by the Mayor, it prevailed unanimously.
There being no other persons present desiring to be heard in connection with
recommended changes and amendments, it was the consensus of the City Council that the
zoning hearing be closed.
pheld Z-89-92 Mayor Pro tempore Gilley made a motion, seconded by Council Member Murrin,
that the recommendation of the City Zoning Commission for the denial of the application
of David Shelton for change in zoning of property located at 5821 Wedgwood Drive from
"A" One -Family to "PD -SU" Planned Development/Specific Use for a residence and
photography studio, Zoning Docket No. Z-89-92, be upheld. When the motion was put to a
vote by the Mayor, it prevailed unanimously.
enied without It appearing to the City Council that Resolution No. 1475 was adopted on
rejudice Z-89-89 October 10, 1989, setting today as the date for special hearing in connection with the
application of Craig Cartwright for a change in zoning of property located on Airport
Freeway (U.S. No. 121) and Riverside Drive from "E" Commercial to "E" Commercial /"S"
Sign Subdistrict, Zoning Docket No. Z-89-89, Mayor Bolen asked if there was anyone
present desiring to be heard.
orrespondence re- City Secretary Howard advised the City Council of correspondence received
eived from Mr. from Mr. Craig Cartwright dated November 7, 1989, requesting that Zoning Docket
raig Cartwright No. Z-89-89 be dismissed without prejudice. Mayor Pro tempore Gilley made a motion,
e Z-89-89 seconded by Council Member Murrin, that the application of Craig Cartwright for a
change in zoning of property located on Airport Freeway (U.S. No. 121) at Riverside
Drive from "E" Commercial to "E" Commercial /"S" Sign Subdistrict, Zoning Docket
No. Z-89-89, be denied without prejudice. When the motion was put to a vote by the
Mayor, it prevailed unanimously.
ntroduced an
rdinance Council Member Granger introduced an ordinance 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 ordinance, prevailed by the following vote:
I
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:
Minutes of City Council N-3 Page 352
353
Tuesday, November 14, 1989
Ordinance No. ORDINANCE NO. 10446
10446 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 "FR" RESTRICTED COMMERCIAL
DISTRICT AND LESS RESTRICTED ZONING DISTRICTS;
BY PROVIDING THAT PAROLE AND PROBATION OFFICES
BE LOCATED MORE THAN 500 FEET (500') FROM ONE
OR TWO FAMILY RESIDENTIAL DISTRICTS; PROVIDING
FOR NONCONFORMING PAROLE AND PROBATION OFFICER
LOCATED IN LEASED FACILITIES; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING FOR PUBLICATION IN
PAMPHLET FORM; PROVIDING FOR A PENALTY;
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 18, MODIFICATIONS TO DISTRICT REGULATIONS"
of the Comprehensive Zoning Ordinance, being Ordinance No. 3011, as
amended, codified as Appendix A of the Code of the City of Fort
Worth, Texas, (1986), as amended, is hereby amended by adding the
following regulation concerning parole or probation offices as
No. 15 to Subsection A so that it reads as follows:
A.
15. Parole or probation offices
a. Unless located in a building, other structure,
or land under the control, administration or
jurisdiction of a state or federal agency,
parole or probation offices shall be permitted
only in the "FR" restricted commercial district
and less restricted zoning districts.
b. Regardless of the zoning, parole or probation
offices shall not be located within five
hundred feet (500') of any one or two family
residential district, measured from the nearest
property line of the parole or probation office
to the nearest property line of any one or two
family residential district.
C. Nonconforming parole or probation offices
located in leased facilities shall be permitted
to continue in operation only during the term
of the existing lease. Upon expiration of the
existing lease, the nonconforming use shall no
longer be permitted.
SECTION 4.
Any person, firm or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the
enforcement of any of the provisions of this ordinance shall be
fined not more than one thousand Dollars ($1,000.00) for each
offense. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 9.
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.
Introduced an
Ordinance Council Member Zapata 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:
Minutes of City Council N-3 Page 353
354
Tuesday, November 14, 1989
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. 10443
10443 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE, ORDINANCE NO. 3011, AS AMENDED, SAME
BEING AN ORDINANCE REGULATING AND RESTRICTING
THE LOCATION AND USE OF BUILDINGS, STRUCTURES,
AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR
OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES
AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE
SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET
PARKING AND LOADING, AND THE DENSITY OF
POPULATION, AND FOR SUCH PURPOSES DIVIDING THE
MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER,
SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO
CARRY OUT THESE REGULATIONS AND SHOWING SUCH
DISTRICTS AND THE BOUNDARIES THEREOF UPON
"DISTRICT MAPS"; PROVIDING FOR INTERPRETATION,
PURPOSE AND CONFLICT; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENAL CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING FOR PUBLICATION AND
NAMING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 9.
That this ordinance shall be in full force and effect
from and after the date of its passage and publication as required
by law, and it is so ordained.
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. 11 ORDINANCE NO. 10445
10445
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, (1986), AS AMENDED, BY AMENDING
SECTION 16 -ACCESSORY USES, TO CLARIFY THE
RESTRICTIONS GOVERNING FENCES IN FRONT YARDS;
PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING FOR PUBLICATION IN
PAMPHLET FORM; PROVIDING FOR A PENALTY;
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 4.
Any person, firm or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the
enforcement of any of the provisions of this ordinance shall be
Minutes of City Council N-3 Page 354
355
rdinance No. fined not more than one thousand Dollars ($1,000.00) for each
0445 cont. offense. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 9.
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.
Introduced an Council Member Chappell introduced an ordinance and made a motion that it be
Ordinance adopted. The motion was seconded by Mayor Pro tempore Gilley. 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. 10447
10447
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
FOR AN ADDITIONAL CLASS OF FAMILY HOME CALLED
"FAMILY HOME II" TO ALLOW UP TO EIGHT (8)
DISABLED PERSONS BUT EXCLUDING CHEMICAL
DEPENDENCY REHABILITATION; BY PROVIDING
REGULATIONS GOVERNING FAMILY HOME II, BY
PROVIDING FOR THE REGISTRATION OF ALL TYPES OF
FAMILY HOMES, GROUP HOMES AND HALFWAY HOUSES;
BY PROVIDING FOR THE LOCATION OF FAMILY
HOME II; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING FOR
PUBLICATION IN PAMPHLET FORM; PROVIDING FOR A
PENALTY; 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 7.
Any person, firm or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the
enforcement of any of the provisions of this ordinance shall be
fined not more than one thousand Dollars ($1,000.00) for each
offense. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 12.
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.
Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
Ordinance adopted. The motion was seconded by Council Member Murrin. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Murrin, Webber, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Minutes of City Council N-3 Page 355
356
Tuesday, November 14, 1989
rdi nance No.
ORDINANCE NO. 10444
0444
AN ORDINANCE AMENDING ORDINANCE NO. 3011, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF FORT WORTH, TEXAS, CODIFIED AS
APPENDIX "A" OF THE CODE OF THE CITY OF FORT
WORTH, (1986), AS AMENDED, BY AMENDING
SECTION 2-G "HC" HISTORIC AND CULTURAL
SUBDISTRICT TO READ "HC" HISTORIC AND CULTURAL
LANDMARK SUBDISTRICT; BY CHANGING THE NAME OF
THE HISTORIC AND CULTURAL ADVISORY BOARD TO THE
HISTORIC AND CULTURAL LANDMARK COMMISSION;
PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING FOR
PUBLICATION IN PAMPHLET FORM; 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 Ordinance 3011, as amended, be amended by changing
the name of the Historic and Cultural Subdistrict to the Historic
and Cultural Landmark Subdistrict and changing the name of the
Historic and Cultural Advisory Board to the Historic and Cultural
Landmark Commission so that Section 2-G will read as follows:
Sec. 2-G "HC" HISTORIC AND CULTURAL LANDMARK SUBDISTRICT
The Historic and Cultural Landmark Subdistrict is created as a
subdistrict to provide for the protection and preservation of
places and areas of historic and cultural importance and
significance. Any such place or area may be designated as
"HC" Landmark Subdistrict by the City Council. The
application for "HC" Landmark zoning is submitted by the
Historic and Cultural to the Zoning Commission who in turn
recommends to the City Council. Such designation would
foster: (1) the safeguarding of the heritage of the City of
Fort Worth by the preservation of a place or area which
reflects elements of the City's cultural, social, economic,
political or architectural history; (2) the protection and
improvement of property values; (3) the encouragement of civic
beauty; and (4) the promotion of the use of such a place or
area for the education, pleasure and welfare of the public.
Any zoning district may be followed by the suffix "HC",
indicating that such zoning district is subject to the use
regulations of both the designated district and the Historic
and Cultural Landmark Subdistrict.
There is also created the Historic and Cultural Landmark
Commission and the Commission's subordinate Permit Committee.
The Commission's jurisdiction shall extend to and include the
adoption of a preservation plan (in cooperation with the Pian
Commission), the initiation and/or review of Historic and
Cultural Landmark Subdistrict zoning applications, the
preparation and/or review of guidelines therefore, and the
hearing and deciding of applications and appeals from the
Permit Committee.
A. ORGANIZATION OF THE BOARD
1. Creation and Appointment:
There is hereby created an Historic and Cultural
Landmark Commission of the City of Fort Worth,
Texas, to be composed of nine (9) members who shall
be qualified electors of the City of Fort Worth. It
is declared policy that the City Council will
consider for appointment to the Historic and
Cultural Landmark Commission only those persons who
have demonstrated their civic interest, general
knowledge of the community, independent judgment,
understanding of historic preservation and planning
and availability to prepare for and attend meetings.
Whenever feasible, five appointees should be
practicing professionals from the fields of
architecture, landscape architecture or urban
planning.
2. Membership; Terms of Office:
The City Council shall appoint the Commission, which
shall consist of nine (9) members, and who shall
Minutes of City Council N-3 Page 356
357
Tuesday, November 14, 1989
rdinance No. serve in places numbered 1 through 9. Members
0444 cont. appointed to odd -numbered places shall serve terms
which expire October 1, 1985. Members appointed to
even -numbered places shall serve terms which expire
on October 1, 1984. Thereafter, members shall serve
two-year terms. No member shall serve more than
three consecutive two-year terms, and the terms of
current members of the Commission shall be counted
toward the limit of terms to be served for purposes
of this ordinance. The Development Director, the
Planning Director and the Building Official shall be
ex officio non-voting members of the Commission.
3. Organization:
The Commission shall hold an organizational meeting
within thirty (30) days of appointment in October of
each year and shall elect a chairman and vice
chairman from among its members before proceeding to
any other matters of business. The Planning
Director of the City of Fort Worth, or his
designated representative shall serve as local
historic preservation officer. The Commission shall
meet regularly and shall designate the time and
place of its meetings. The Commission shall adopt
its own rules of procedure and keep a record of its
proceedings in accordance with the state statutes
and this ordinance and the charter of the City of
Fort Worth. Newly appointed members shall be
installed at the first regular meeting after their
appointment.
4. Meetings and Quorum:
Five (5) members of the Commission shall constitute
a quorum for the conduct of business; how -ever, five
(5) affirmative votes shall be required to decide
any issue before the Commission. The members of the
Commission shall regularly attend meetings and
public hearings of the Commission and shall serve
without compensation, except for reimbursement for
authorized expenses attendant to the performance of
their duties.
5. Review of Historic and Cultural Needs:
The Commission shall keep itself informed with
respect to the historic and cultural heritage of the
City of Fort Worth as it occurs in the physical
environment and shall recommend to the City Plan
Commission and Zoning Commission when, in its
opinion, conditions indicate a need for changes
through the established legislative procedure in
accordance with the rules and policies of the City
of Fort Worth.
6. Historic and Cultural Needs:
The Commission shall designate a Permit Committee
composed of three (3) appointed Commission members,
the Building Official and the Planning Director.
The Permit Committee shall review all applications
for permits to construct, alter, reconstruct,
modify, remove or demolish any structure or site for
conformance to guidelines and other provisions of
this ordinance and instruct the Building Official to
grant or deny the applications according to their
findings.
Instructions to grant an application shall only be
made upon affirmative vote of three (3) members of
the Committee.
The decisions of the Permit Committee shall be the
same as if made by the Commission.
7. Attendance:
When a member of the Commission is absent from three
(3) consecutive meetings of the Commission, or
misses twenty-five (25%) percent or more of the
meetings of the Commission in a twelve (12) month
period, the Chairman, Vice -Chairman or Secretary of
Minutes of City Council N-3 Page 357
358
Tuesday, November 14, 1989
Ordinance No. the Commission shall report this fact to the City
10444 Secretary in writing, within ten (10) days of the
third missed meeting in accordance with the "absence
rule" Section 2-82 of the Fort Worth City Code.
B. DUTIES AND POWERS OF THE COMMISSION
The Historic and Cultural Landmark Commission shall have
the powers and exercise the duties of a Commission in
accordance with the provisions of this Ordinance, the
City Charter and article 1011g, Revised Civil Statutes of
Texas. Commission members or representatives of the
City, when given written permission by the property
owner, shall have the option of inspection of premises
where required in the discharge of their responsibility
under the laws of the State of Texas and the ordinances
of the City of Fort Worth. The Commission's jurisdiction
shall extend to and include preparation and/or review of
Historic and Cultural Landmark Subdistrict Zoning
Applications, the preparation and/or review of guidelines
therefore, and the hearing and deciding of applications
and appeals from the Permit Committee.
1. Preparation of a Preservation Plan:
The Historic and Cultural Landmark Commission shall
adopt, in cooperation with the Plan Commission, a
Preservation Plan to be incorporated into the City
of Fort Worth Comprehensive Plan.
The Preservation Plan shall include: (1) a survey of
structures and environmental features, (2) criteria
used in identifying and prioritizing sites and (3)
general description of forms and styles found in
Fort Worth.
The Plan will also include criteria for selecting
and preserving sites and districts. The plan will
recommend the coordination required with other
departments and other public and private groups to
implement preservation.
The Historic and Cultural
Landmark
Commission shall
review the preservation plan
every
five (5)
years.
Revision to the plan may
be made
at any
time in
accordance with rules and
policies
of the
City of
Fort Worth, when such
is the
review
of the
Commission.
2. Recommendations for Historic and Cultural Landmark
Subdistrict Changes:
The Commission shall recommend the establishment or
modification of Historical and Cultural Landmark
Subdistricts when, in its opinion, preservation of
Fort Worth's cultural heritage requires or justifies
the extension of protection afforded by that
designation or conditions require the deletion of
that protection. In making such recommendations,
the Commission shall consider, but shall not be
limited to one or more of the following criteria:
(a) Character, interest or value as part of the
development, heritage or cultural
characteristics of the City of Fort Worth,
State of Texas or the United States;
(b) Embodiment of distinguishing characteristics of
an architectural type or specimen;
(c) Identification as the work of an architect or
master builder whose individual work has
contributed to the development of the City;
(d) Embodiment of elements of architectural design,
detail, materials or craftsmanship which
represent a significant architectural
innovation; .
(e) Relationship to other distinctive buildings,
sites or areas which are eligible for
preservation according to a plan based on
architectural, historic or cultural motif;
Minutes of City Council N-3 Page 358
Ordinance No.
10444 cont.
Tuesday, November 14, 1989
(f) Archeological value in that it has produced or
can be expected to produce data affecting
theories of historic or prehistoric interest;
(f) Exemplification of the cultural, economic,
social, ethnic or historical heritage of the
City, State or the United States;
(h) Location as the site of a significant historic
event;
(i) Identification with a person or persons who
significantly contributed to the culture and
development of the City, State or the United
States;
(j) A building or structure that, because of its
location, has become of particular significance
to a neighborhood, community area or the City;
(k) Resources, whether natural or manmade,
contributing to the character or image of a
defined neighborhood or community area;
(1) Recognition as a recorded Texas historic
landmark, a national historic landmark or
entered into the national register of historic
places.
In making the determination for need of an Historic
and Cultural Landmark Subdistrict, the Commission
shall be empowered to hold public hearings and
collect evidence and testimony from whatever sources
they deem necessary.
Upon determination of the need for an Historic and
Cultural Landmark Subdistrict change, the Commission
shall initiate the zoning change and shall testify
through its appointed spokesman as to the
justification therefore before the City Council and
City Zoning Commission.
No changes in the Historic and Cultural Landmark
Subdistrict Zoning Ordinance and Preservation Plan
shall be considered without the recommendation of
the Historic and Cultural Landmark Commission first
being entered at the required public hearings.
No change of zoning on property within an Historic
and Cultural Landmark Subdistrict shall be
considered without the recommendations of the
Commission being entered at the required public
hearings or the Zoning Commission and the City
Council. Consideration for changes in Historic and
Cultural Landmark Subdistricts shall not depend on
questions relating to possible guidelines but shall
only consider the merits and needs for historic and
cultural preservation.
3. Promulgation of Guidelines:
Upon designation by the City Council of a Historic
and Cultural Landmark Subdistrict, and following
submission of a set of guidelines meeting minimum
standards of the [Secretary of the Interior's
Standards for Rehabilitation] by the applicant, the
Commission shall within sixty (60) days review for
approval such guidelines prepared by the applicant
specifically for that subdistrict for use by
property owners and the administrative staff in
implementing the intent of this ordinance. A copy
of these guidelines shall be on file in the office
of the Building Official. The guidelines will
classify all structures and sites within the
district as one of the following:
Landmark - A building or site of immeasurable value
in preserving the cultural heritage, or an
outstanding example of design or a site closely
related to an important personage, act
history. Such designation marks
preservation and restoration to it
character and is intended to
Minutes of City Council N-3 Page 359
or event in
the site for
s historical
discourage
359
1100
Tuesday, November 14, 1989
Ordinance No. modifications which detract from historical
10444 cont. significance.
Contributing Elements - A building or site which in
its historical character contributes to the
subdistrict purpose. Such designation is intended
to encourage restoration and preservation, but also
allow and encourage adaptive reuses and encourage
continued economic and social vitality of the
subdistrict shall be considered a contributing
element.
Non -Essential Elements - A building or site which,
though within the physical boundaries of the
subdistrict, does not contribute to the cultural and
historic value thereof. Such designation is meant
to provide greater latitude for utilization of the
site or structure, but all modifications shall
conform to the guidelines.
The guidelines shall establish acceptable physical
characteristics of structure and sites and
modifications thereto including layout and location
on site, size, shape, materials and textures,
fenestration and interiors where applicable.
The guidelines so established shall apply to all
additions, deletions, alterations and modifications
to structures and sites within a subdistrict but
shall not be imposed on those buildings or sites or
portions thereof not subjected to change.
In reviewing guidelines for approval, the Commission
shall avail themselves of all information necessary
from staff and other sources and shall be empowered
to hold public hearings if needed.
The Commission may suspend action on any requests
affecting any Historic and Cultural Landmark
Subdistrict pending the preparation of these
guidelines. Subdistrict guidelines may be reviewed
and modified by the Commission when requested by
property owners, staff or other interested party.
Modifications to guidelines for any district may be
promulgated by the Commission following the same
procedures used during promulgation of the original
guidelines.
Guidelines shall have the validity of any Commission
ruling and shall be so enforced by the enforcing
authority.
Invalidation of any portion of the guidelines shall
not affect the validity of any other portion.
4. Approval for Demolition or Removal:
Upon the receipt of a demolition or removal
application affecting structures within an Historic
and Cultural Landmark Subdistrict, the Building
Official shall submit the request directly to the
Permit Committee for its consideration.
(a) Should the Committee determine that the
application involves improvements to existing
buildings not historically and culturally
significant and not contributing to the
integrity of the district, it may approve the
application for permit, subject to the owner
complying with the established guidelines for
the subdistrict.
(b) Should the Committee determine that the
demolition or removal may be detrimental to the
integrity of the subdistrict, the application
shall be referred to the Commission, where
restrictions or conditions may be imposed.
(c) Should the application involve significant
elements of the historic and cultural Landmark
subdistrict or elements contributing to the
integrity of the subdistrict, then the
Committee shall refer to application to the
Commission. The Commission's decision on the
Minutes of City Council N-3 Page 360
361
Tuesday, November 14, 1989
Ordinance No. application shall be subject to a minimum delay
10444 cont. of sixty (60) days or to as much as one hundred
eighty (180) days during which time staff and
Commission shall endeavor to explore with the
owner alternatives to demolition or removal
which may provide viable uses for the subject
of the application. Should an accommodation be
reached, then the application is to be remanded
to the Permit Committee and the provisions of
Subparagraph (b) above shall prevail; should no
alternative be satisfactory to both the owner
and the Commission within this period, then the
Commission shall deny or honor the application
subject to an additional ninety (90) day delay
during which time alternative strategies of
ownership and use may be explored with the
owner, including use of other remedies
available to the City of Fort Worth.
(d) In addition to the requirements above, those
structures identified as primary resources
potentially eligible for listing in the
National Register of Historic Places by the
City of Fort Worth's survey of historic
resources, referred to in B.1. herein or listed
in the National Register of Historic Places,
may not be demolished, moved or removed for
ninety (90) days after an application for
demolition move or removal has been made. The
Chairman of the Historic and Cultural Landmark
Commission shall immediately be notified by the
Building Official in order that the
preservation of the structure may be pursued
with the property owner, within the ninety -day
grace period. If such plans cannot be made
within this specified time, then a permit for
demolition, move or removal may be issued. A
list of the designated primary and National
Register of Historic Places resources shall be
maintained in the office of the Building
Official. The application shall include both
photographic documentation of the structure to
be demolished, exterior and architecturally
significant interiors, as well as written
documentation or the architecture of the
structure, the significant Historical
background or the structure, its past and
present occupants, and any significant events
that occurred on the premises.
5. Approval of Modification and New Construction:
A permit and certificate of compliance shall be
required for any work which involves new
construc tion, alterations, additions or
modifications of any structure or portion of a
structure on any site, including paint and signs,
within an Historic and Cultural Landmark Subdistrict.
Permit fees shall be as established in the Building
Code. To insure that all properties are reviewed
under the same set of rules with respect to
potential rehabilitation work, the Secretary of
Interior's Standards for Rehabilitation are hereby
adopted as the minimum standard for review of all
work applications filed for properties within an
Historic and Cultural Landmark subdistrict.
Applications shall be reviewed by the Permit
Committee in accordance with the above standards
prior to issuance of permits.
(a) The Committee may determine that the
application does not significantly affect
landmark or contributing structures or sites of
the overall character of the subdistrict and
direct that the permit be issued subject to the
above standards and the guidelines established
for the subdistrict;
(b) The Committee may determine that the
application is harmful to the historical and
cultural character and integrity of the
district and, therefore, deny the application,
or alternatively may approve the issuance of
Minutes of City Council N-3 Page 361
362
rdinance Nod. the permit, subject to whatever provisions it
0444 cont. determines should be imposed in accordance with
the established standards and guidelines;
(c) All new construction in any historic and
cultural Landmark subdistrict shall be
forwarded to the Commission to determine that
it conforms to the "Secretary of Interior's
Standards for Rehabilitation", Historic and
Cultural Zoning Subdistrict guidelines, and
shall be required to conform to all other
municipal codes and ordinances;
(d) Ordinary maintenance which does not alter or
affect the historic value or character of a
structure or site is exempt from the provisions
of this section;
(e) Public Works and Public Utility Projects
constructed above ground within A Historic and
Cultural Landmark Subdistrict shall be reviewed
by the Board and found to be appropriate to the
character of the subdistrict before approval.
6. Historical and Cultural Landmark Subdistrict
Markers:
Subdistrict markers shall be fabricated, allocated,
erected, relocated and removed according to the
guidelines approved by the Commission.
7. Interpretation:
The Commission is empowered to interpret or amplify
its policies, guidelines and other procedures and
rules for benefit of municipal staff, property
owners or other interested parties.
Any party may appeal to the Commission any decision
of the Permit Committee or enforcing authority, or
their interpretation of Commission policy,
procedural rules or subdistrict guidelines.
Any applicant or interested person aggrieved by a
ruling of the Historic and Cultural Landmark
Commission, under the provision of this section may,
within ten (10) days after the ruling, appeal to the
City Council.
8. Re -designation of an Historic and Cultural Landmark
Subdistrict:
A Historic and Cultural Landmark Subdistrict
designation may be removed if the reasons for its
designation no longer exists, or if an economic
hardship is being perpetrated on the owner by the
designation.
If structure(s) or site(s) within an Historic and
Cultural Landmark Subdistrict is destroyed by fire,
flood, windstorm or other catastrophe; or if a
structure is demolished, removed or improperly
modified, the justification for its designation may
also be destroyed as a result. In this case, the
zoning will revert back to the zone on which the
Historic and Cultural Landmark Subdistrict affix was
applied.
Economic hardship may also be a reason for
redesignation. If the maintenance of a structure
within an Historic and Cultural Landmark subdistrict
imposes an undue financial burden upon the owner, he
may apply for relief by requesting redesignation.
In this case the zoning will revert back to the zone
on which the Historic and Cultural Landmark
Subdistrict affix was applied.
Request for redesignation will be made in writing to
the Historic and Cultural Landmark Subdistrict
according to the provisions of this ordinance by
requesting rezoning of the property to remove the
Subdistrict; provided, however, any such
redesignation shall first be heard by the Commission
and the Commission shall prepare a record and a
Minutes of City Council N-3 Page 362
Ordinance No.
10444 cont.
Met in closed or
executive session
Reconvened into
regular session
363
Tuesday, November 14, 1989
written recommendation to accompany the
redesignation request.
SECTION 4.
Any person, firm or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the
enforcement of any of the provisions of this ordinance shall be
fined not more than One Thousand Dollars ($1,000) for each offense.
Each day that a violation is permitted to exist shall constitute a
separate offense.
SECTION 7.
The City Secretary of the City of Fort Worth is hereby
directed to engross and enroll this ordinance by copying the
caption and Sections 1, 4 and 9 in the minutes of the City Council
and by filing the ordinance in the ordinance records of the City.
SECTION 9.
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.
It was the consensus of the City Council that that City Council meet in
closed or executive session to seek the advice of its attorney concerning pending or
contemplated litigation: (a) Litigation concerning the Tarrant County Jail;
(b) Valderas versus Eckert and the City of Fort Worth, No. 141-108705-87; as authorized
by Section 2(e), Article 6252-17, V.A.C.S., the Texas Open Meeting Act; and to discuss
the purchase of lease of real property for a Police Department facility, as authorized
by Section 2(f), Article 6252-17, V.A.C.S., with public discussion of such item to have
a detrimental effect on the negotiating position of the City as between the City and a
third person, firm, or corporation.
The City Council reconvened into regular session, with all members present.
Adjourned There being no further business, the
A:1�
CITY SECRETARY
Minutes of City Council N-3 Page 363