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HomeMy WebLinkAbout1989/12/05-Minutes-City Council33'7 CITY COUNCIL MEETING DECEMBER 5, 1989 ounci 1 Met On the 5th day of December, 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: ouncil Member. Council Member Zapata expressed the congratulations of the City Council to apata expressed Mayor Bolen upon his assumption of the presidency of the National League of Cities. ongratulations of he City Council to Mayor Bolen nominated Ms. Guadalupe Arriola to Seat No. 5 on the Private ayor-Bolen Industry Council, representing the Hispanic Chamber of Commerce, and made a motion, ominated Ms. seconded by Mayor Pro tempore Gilley, that Ms. Guadelupe Arriola be appointed to Seat uadalupe Arriola No. 5 on the Private Industry Council for a term of office expiring October 1, 1991, n the Private In- and, when the motion was put to a vote by the Mayor, it prevailed unanimously. ustry Council ominated Mr. Council Member Chappell nominated Mr. George Pepper for membership on the eorge Pepper on the Aviation Advisory Board and made a motion, seconded by Council Member Zapata, that vi ati on Advisory Mr. George Pepper be appointed Place 9 on the Aviation Advisory Board for a term of oard office expiring October 1, 1991, and, when the motion was put to a vote by the Mayor, it prevailed unanimously. ominated Mr. Rober artin on the ommunity Develop- ent Council Council Member Garrison nominated Mr. Robert Martin for membership on the Community Development Council and made a motion, seconded by Council Member Chappell, that Mr. Martin be reappointed to Place No. 3 on the Community Development Council for a term of office expiring October 1, 1991, and, when the motion was put to a vote by the Mayor, it prevailed unanimously. nominated Ms. Council Member Zapata nominated Ms. Rosalind Haggerty, The Reverend William Rosalyn Haggerty, Langham, William Mann, Jr., Harrison Shannon, Jr., Harriet Griffin, Morrison Wong, The Reverend William Verma Russell, Willie Paul Johnson, Pauline Valenciano, Clemente De La Cruz, Juanita Langha, William Silva, Chris Miller, Ray Bell, Cora Mosley, Jack Tollett, Bill Baird, Al Jara, Thomas Mann, jr. Harrison Bruner, and Victoria Bargas for membership on the Fort Worth Human Relations Commission Shannon, jr. Harriet and made a motion, seconded by Council Member McCray, that Rosalind Haggerty be Griffin, Morrison reappointed to Place 1; The Reverend William Langham be reappointed to Place 2; William Wong, Verma Russelll. Mann, Jr., be reappointed to Place 3; Harrison Shannon, Jr., be reappointed to Place 4; Willie Paul Johnson, Harriet Griffin be reappointed to Place 5; Morrison Wong be reappointed to Place 8; Pauline Valenciano,j Verma Russell be reappointed to Place 9; Willie Paul Johnson be reappointed to Clemente DeLa Cruz, Place 13; Pauline Valenciano be reappointed to Place 15; Clemente De La Cruz be Juanita Silva, Chri reappointed to Place 16; Juanita Silva be reappointed to Place 17; Chris Miller be Miller, Ray Bell, reappointed to Place 18; Ray Bell be reappointed to Place 19; Cora L. Mosley be Cora Moseley, Jack appointed to Place 6; Jack Tollett be appointed to Place 7; Bill Baird be appointed to toile tt, Bill Baird Place 10; Al Jara be appointed to Place 11; Thomas Bruner be appointed to Place 12; and Al jara, Thomas Bruner and Victoria Bargas to the Fort Worth Human Rela- tions Commission Minutes of City Council N-3 Page 387 embers Present Mayor Bob Bolen; Mayor Pro tempore Garey W. Gilley; Council Members Louis J. Zapata, William N. Garrison, Kay Granger, Eugene McCray, Steve Murrin, Jr., Virginia Nell Webber, and David Chappell; City Manager David Ivory; City Attorney Wade Adkins; City Secretary Ruth Howard; with more than a quorum present, at which time the following business was transacted: Invocation The invocation was given by The Reverend Elizabeth Lamberth, Chaplain, Ministry with the Ageing, Tarrant Area Community of Churches. Pledge of The Pledge of Allegiance was recited. Allegiance Minutes of November On motion of Council Member Chappell, seconded by Mayor Pro tempore Gilley, 21, 1989 approved the minutes of the meeting of November 21, 1989, were approved. Presented plaques of appr6caton to Mayor Pro tempore Gilley presented plaques of appreciation to members of the embers of the Zer- Zeriscape Steering Committee. iscape Introduced the Mrs. Mary Palko introduced the delegation from Budapest, Hungary, in Fort delegation from Worth to investigate the possibility of establishing a Sister -City relationship. Budapes, Hungary Withdrew from agend City Manager Ivory requested that Mayor and Council Communication &C Nos. G-8345, Nos. G-8345, C-12008, C-12011, and C-12028 be withdrawn from the agenda. C-12008, C-12011, and C-12028 Council Member Webber requested that Mayor and Council Communication Withdrew M&C G-8329 No. G-8329 be withdrawn from the consent agenda. fron consent agenda ithdrew M&C Council Member Chappell requested that Mayor and Council Communication C-12009 from consen No. C-12009 be withdrawn from the consent agenda. agenda Withdrew M&C G-8322 Council Member Zapata requested that Mayor and Council Communication fron consent agenda No. G-8322 be withdrawn from the consent agenda. Consent agenda was On motion of Council Member Murrin, seconded by Council Member Zapata, the approved consent agenda was approved. Approved ceremonial It was the consensus of the City Council that the ceremonial travel of travel several members of the City Council and City staff be approved for the travel on an American Airlines plane from one city to another in commemoration of the opening of Alliance Airport on December 14, 1989. ouncil Member. Council Member Zapata expressed the congratulations of the City Council to apata expressed Mayor Bolen upon his assumption of the presidency of the National League of Cities. ongratulations of he City Council to Mayor Bolen nominated Ms. Guadalupe Arriola to Seat No. 5 on the Private ayor-Bolen Industry Council, representing the Hispanic Chamber of Commerce, and made a motion, ominated Ms. seconded by Mayor Pro tempore Gilley, that Ms. Guadelupe Arriola be appointed to Seat uadalupe Arriola No. 5 on the Private Industry Council for a term of office expiring October 1, 1991, n the Private In- and, when the motion was put to a vote by the Mayor, it prevailed unanimously. ustry Council ominated Mr. Council Member Chappell nominated Mr. George Pepper for membership on the eorge Pepper on the Aviation Advisory Board and made a motion, seconded by Council Member Zapata, that vi ati on Advisory Mr. George Pepper be appointed Place 9 on the Aviation Advisory Board for a term of oard office expiring October 1, 1991, and, when the motion was put to a vote by the Mayor, it prevailed unanimously. ominated Mr. Rober artin on the ommunity Develop- ent Council Council Member Garrison nominated Mr. Robert Martin for membership on the Community Development Council and made a motion, seconded by Council Member Chappell, that Mr. Martin be reappointed to Place No. 3 on the Community Development Council for a term of office expiring October 1, 1991, and, when the motion was put to a vote by the Mayor, it prevailed unanimously. nominated Ms. Council Member Zapata nominated Ms. Rosalind Haggerty, The Reverend William Rosalyn Haggerty, Langham, William Mann, Jr., Harrison Shannon, Jr., Harriet Griffin, Morrison Wong, The Reverend William Verma Russell, Willie Paul Johnson, Pauline Valenciano, Clemente De La Cruz, Juanita Langha, William Silva, Chris Miller, Ray Bell, Cora Mosley, Jack Tollett, Bill Baird, Al Jara, Thomas Mann, jr. Harrison Bruner, and Victoria Bargas for membership on the Fort Worth Human Relations Commission Shannon, jr. Harriet and made a motion, seconded by Council Member McCray, that Rosalind Haggerty be Griffin, Morrison reappointed to Place 1; The Reverend William Langham be reappointed to Place 2; William Wong, Verma Russelll. Mann, Jr., be reappointed to Place 3; Harrison Shannon, Jr., be reappointed to Place 4; Willie Paul Johnson, Harriet Griffin be reappointed to Place 5; Morrison Wong be reappointed to Place 8; Pauline Valenciano,j Verma Russell be reappointed to Place 9; Willie Paul Johnson be reappointed to Clemente DeLa Cruz, Place 13; Pauline Valenciano be reappointed to Place 15; Clemente De La Cruz be Juanita Silva, Chri reappointed to Place 16; Juanita Silva be reappointed to Place 17; Chris Miller be Miller, Ray Bell, reappointed to Place 18; Ray Bell be reappointed to Place 19; Cora L. Mosley be Cora Moseley, Jack appointed to Place 6; Jack Tollett be appointed to Place 7; Bill Baird be appointed to toile tt, Bill Baird Place 10; Al Jara be appointed to Place 11; Thomas Bruner be appointed to Place 12; and Al jara, Thomas Bruner and Victoria Bargas to the Fort Worth Human Rela- tions Commission Minutes of City Council N-3 Page 387 338 Tuesday, December 5, 1989 NOES: None ABSENT: None The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1487 1 487 A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A CAPITAL IMPROVEMENTS PLAN ADVISORY COMMITTEE FOR THE CITY OF FORT WORTH, TEXAS, AND APPOINTING MEMBERSHIP, COMMENCEMENT AND EXPIRATION DATES OF TERMS AS RECENTLY PASSED BY THE TEXAS LEGISLATURE WHEREAS, the City of Fort Worth Texas, is considering the adoption of certain impact fees as provided for by Chapter 395 of the Texas Local Government Code; and WHEREAS, Chapter 395 of the Texas Local Government Code requires the establishment of a Capital Improvements Plan Advisory Committee. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: I. That pursuant to the Texas Local Government Code, Chapter 395, hereinafter referred to as Senate Bill 336, passed by the 1987 Legislature and amended by the 1989 Legislature, an Advisory Committee for development of a Capital Improvements Plan (CIP) and impact fees based thereon for the City of Fort Worth, Texas is hereby established. The Committee shall consist of five (5) members. One member shall be from the City's extraterritorial jurisdiction. A minimum of two members shall be representative of the real estate, development or building industries who are not employees or officials of a political subdivision or governmental entity. II. When carrying out its duties under Senate Bill 336, the Advisory Committee shall perform the following functions: 1. advise and assist the City in adopting land use assumptions; 2. review the capital improvements plan and file written comments; 3. monitor and evaluate implementation of the capital improvements plan; Minutes of City Council N-3 Page 388 Victoria Bargas be appointed to Place 20 on the Fort Worth Human Relations Commission with the terms of office of Place Nos. 1, 3, 5, 7, 9, 11, 13, 15, 17, and 19, expiring October 1, 1991, and terms of office of Place Nos. 2, 4, 6, 8, 10, 12, 16, 18, and 20 expiring October 1, 1990. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Council Member Murrin expressed his appreciation to the out -going Chairman of Murrin expressed the Fort Worth Commission on the Status of Women, Ms. Nancy Marchant. appreciation to the out -going Council Member Murrin nominated Ms. Leslie MacLean for membership on the Chairman of the Fort Worth Commission on the Status of Women and made a motion, seconded by Council Fort Worth Comm- Member Chappell, that Ms. Leslie MacLean be appointed to Place No. 7 on the Fort Worth ission on the Status of Women Commission on the Status of Women for a term of office expiring October 1, 1991, and, Nominated Ms. when the motion was put to a vote by the Mayor, it prevailed unanimously. Leslie MacLean for Mayor Bolen nominated Elaine Klos for membership on the Fort Worth Commission to the Fort Worth on the Status of Women and made a motion, seconded by Council Member Murrin, that Commission on the Elaine Klos be reappointed to Place No. 1 on the Fort Worth Commission on the Status of Status of Women Nominated Elaine Women for a term of office expiring October 1, 1991, and, when the motion was put to a Klos on the Fort vote by the Mayor, it prevailed unanimously. Worth Commission on Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, the Status of Wome that consideration of appointment of the Impact Fee Citizens Advisory Committee be Appointment of the denied. When the motion was put to a vote by the Mayor, it prevailed unanimously. Impact t ctFee Citizen Advisory Committee Mayor Pro tempore Gilley introduced a resolution and made a motion that it be denied Introduced adopted. The motion was seconded by Council Member Zapata. The motion, carrying with a it the adoption of said resolution, prevailed by the following vote: Resolution 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. 1487 1 487 A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A CAPITAL IMPROVEMENTS PLAN ADVISORY COMMITTEE FOR THE CITY OF FORT WORTH, TEXAS, AND APPOINTING MEMBERSHIP, COMMENCEMENT AND EXPIRATION DATES OF TERMS AS RECENTLY PASSED BY THE TEXAS LEGISLATURE WHEREAS, the City of Fort Worth Texas, is considering the adoption of certain impact fees as provided for by Chapter 395 of the Texas Local Government Code; and WHEREAS, Chapter 395 of the Texas Local Government Code requires the establishment of a Capital Improvements Plan Advisory Committee. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: I. That pursuant to the Texas Local Government Code, Chapter 395, hereinafter referred to as Senate Bill 336, passed by the 1987 Legislature and amended by the 1989 Legislature, an Advisory Committee for development of a Capital Improvements Plan (CIP) and impact fees based thereon for the City of Fort Worth, Texas is hereby established. The Committee shall consist of five (5) members. One member shall be from the City's extraterritorial jurisdiction. A minimum of two members shall be representative of the real estate, development or building industries who are not employees or officials of a political subdivision or governmental entity. II. When carrying out its duties under Senate Bill 336, the Advisory Committee shall perform the following functions: 1. advise and assist the City in adopting land use assumptions; 2. review the capital improvements plan and file written comments; 3. monitor and evaluate implementation of the capital improvements plan; Minutes of City Council N-3 Page 388 389 esolution No. 4. file semi-annual reports with respect to the progress of the 487 cont. capital improvements plan and report to the City any perceived inequities in implementing the plan or imposing the impact fee; and 5. advise the City of the need to update or revise the land use assumptions, capital improvements plan and impact fee. Reference to "land use assumptions" and to "capital improvements plan" are as those terms are used and defined in Senate Bill 336. III. The City shall make available to the Capital Improvements Plan Advisory Committee any professional reports with respect to developing and implementing the capital improvements plan. IV. The Capital Improvements Plan Advisory Committee shall be appointed to terms and shall serve at the will and pleasure of the City Council. Vacancies occurring for any reason shall be filled by the City Council for the unexpired term. All members shall serve without pay and until their successor is duly appointed and qualified. Members of the Committee shall organize and elect their own officers and shall hold meetings upon the call of the Chair or at the direction of the City Council. The time and place of such meetings shall be designated, but meetings shall be held within the corporate limits of the City of Fort Worth. The Committee shall recommend for Council's approval its rules and procedure insofar as same are consistent with the statutes of the State of Texas and the ordinances of the City of Fort Worth, and the Committee shall keep a written record of all of its proceedings. The Director of the Water Department shall have the duty of care, custody and control of all records of the Committee. Nominated Mr. Kelly Thompson, Mayor Pro tempore Gilley nominated Mr. Kelly Thompson, as recommended by the Mr. Pob Madeja, National Association of Industry Office Park Developers; Mr. Bob Madeja; Mr. Carl Mr. Carl Wilson, Wilson, citizen at large; and Mr. Aly Knox, citizen at large, to serve as members of and Mr. Aly Knox the Capital Improvements Plan Advisory Committee and made a motion, seconded by Council to the Capital Member Chappell, that Messrs. Thompson, Madeja, Wilson, and Knox be appointed to the Improvements Plan Capital Improvement Plan Advisory Committee, with appointment of the fifth member of Advisory Committee the Capital Improvement Plan Advisory Committee to be recommended at the next regularly scheduled City Council meeting. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member Chappell introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member Murrin. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, Webber, and Chappell Resolution No. 1488 NOES: None ABSENT: None The resolution, as adopted, is as follows: RESOLUTION NO. 1488 WHEREAS, the presence of drugs and narcotics in our society has resulted in innumerable problems of human, community, social and economic dimensions; and WHEREAS, the consequences of drug-related problems are witnessed in the loss of human lives, the loss of economic productivity, the diversion of public resources to address these problems on all fronts and are threats to the health of our people; and WHEREAS, the dissolution of the family, and inadequate education system, poverty, unemployment and greed all contribute to illegal drug use; and WHEREAS, illegal drugs plague urban, suburban and rural communities of all sizes and regions; and WHEREAS, a national war on drugs has been declared to combat the importation, trafficking, sale and abuse of drugs; and Minutes of City Council N-3 Page 389 390 Tuesday December s„ 1QAQ Resolurion No. WHEREAS, our nation's cities and towns are on the 1488 cont. frontlines of our war on drugs; and WHEREAS, hundreds of America's dedicated public servants have died and thousands of others risk their lives daily to fight our cities' individual battles against illegal drugs and the criminal activities stemming from illegal drugs; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS that December 3 to 9 shall be known as "Cities Fight Back Against Drugs Week;" and BE IT FURTHER RESOLVED that the citizens of Fort Worth will go on record urging community groups, schools, and business and civic organizations to support and participate in special activities during this week to draw community attention to this issue. Introduced a Council Member Murrin introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1489 1489 WHEREAS, the Texas Property Tax Code requires the creation of tax appraisal district in each county in the State of Texas; and WHEREAS, the Texas Property Tax Code provides for the nomination and election of directors to the appraisal district board of directors; and WHEREAS, the Chief Appraiser has provided an Official Ballot, a listing of nominees and a voting entitlement for the selection of directors of the Tax Appraisal District of Tarrant County for a term commencing January 1, 1990; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That the City Council of the City of Fort Worth officially ratifies the casting of 930 votes for Mr. Bob Kolba to fill a position on the Board of Directors of the Tax Appraisal District of Tarrant County. Mrs. Elaine Klos Mrs. Elaine Klos, Chairperson of the Fort Worth Commission on the Status of re report on the Women, appeared before the City Council and presented to the Cty Council the public Commission's report on its hearing conducted on November 1, 1989. Mrs. Klos was advised that a meeting is to be held with City Manager Ivory regarding the recommended legislative actions. Z-89-80 Council Member Webber made a motion, seconded by Council Member Murrin, that Zoning Docket No. Z-89-80: Ryan Mortgage Company, be moved forward on the agenda. When the motion was put to a vote by the Mayor, it prevailed unanimously. It appearing to the City Council that on November 14, 1989, the City Council continued the hearing in connection with the application of Ryan Mortgage Company for a change in zoning of property located at the southeast corner of I -35W South and I-820, 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, and disallowing certain itemized uses, Zoning Docket No. Z-89-80, from day to day and from time to time and especially until the meeting of December 5, 1989, to give every interested person or citizen opportunity to be heard, Mayor Bolen asked if there was anyone present desiring to be heard. Mr. Joe Caddell Mr. Joe Caddell, 837 Havenwood Lane South, representing Ryan Mortgage re Z-89-80 Company, applicant for a change in zoning of property located at the southeast corner of I -35W South and I-820 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, Minutes of City Council N-3 Page 390 391 Tuesday, December 5, 1989 Mr. Joe Caddell disallowing certain itemized uses, Zoning Docket No. Z-89-80, appeared before the City cont. Council and requested a 60 -day postponement. Mr. Horace Butler Mr. Horace Butler, 5428 Conroy, representing the homeowners, appeared before re Z-89-80 the City Council and expressed opposition to the application of Ryan Mortgage Company for a change in zoning of property located at the southeast corner of I -35W South and I-820 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, and disallowing certain itemized uses, Zoning Docket No. Z-89-80, and expressed opposition to a 60 -day continuance of Zoning Docket No. Z-89-80. Ms. Jennie Ellis Ms. Jennie Ellis, 5352 Conroy, appeared before the City Council and expressed re Z-89-80 opposition to the application of Ryan Mortgage Company for a change in zoning of property located at the southeast corner of I -35W South and I-820 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, and disallowing certain itemized uses, Zoning Docket No. Z-89-80. Mr. Ivory Roberts Mr. Ivory Roberts, 1433 Glasgow Road, appeared before the City Council and re Z-89-80 expressed opposition to the application of Ryan Mortgage Company for a change in zoning of property located at the southeast corner of I -35W South and I-820 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, and disallowing certain itemized uses, Zoning Docket No. Z-89-80. The Reverend Hoise The Reverend Hoise Bell, 5600 Oak Grove Road, appeared before the City Bell re Z-89-80 Council and expressed opposition to the application of Ryan Mortgage Company for a change in zoning of property located at the southeast corner of I -35W South and I-820 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, and disallowing certain itemized uses, Zoning Docket No. Z-89-80. Council Member Webber made a motion, seconded by Council Member Granger, that the application of Ryan Mortgage Company for a change in zoning of property located at the southeast corner of I -35W South and I-820 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, and disallowing certain itemized uses, Zoning Docket No. Z-89-80, be denied with prejudice. Mr. Don P. Worth- Mr. Don P. Worthington, 5505 Stafford Drive, appeared before the City Council ington re and expressed opposition to the application of Ryan Mortgage Company for a change in Z-89-80 zoning of property located at the southeast corner of I -35W South and I-820 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 Minutes of City Council N-3 Page 391 Ms. Ida Cain, 1405 Oak Grove Road, appeared before the City Council and Ms. Ida Cain expressed opposition to the application of Ryan Mortgage Company for a change in zoning re Z-89-80 of property located at the southeast corner of I -35W South and I-820 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, and disallowing certain itemized uses, Zoning Docket No. Z-89-80. Mr. Lehman Span, Sr., 1501 Glasco Road, appeared before the City Council and Mr. Lehman Span, expressed opposition to the AIDS testing at a new recreation center and trucks Sr. re Z-89-80 traveling through the neighborhood. The Reverend Tom Franklin, 5633 Oak Grove Road, appeared before the City The Reverend Tom Council and expressed opposition to the application of Ryan Mortgage Company for a Franklin re Z-89-811 change in zoning of property located at the southeast corner of I -35W South and I-820 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, and disallowing certain itemized uses, Zoning Docket No. Z-89-80. The Reverend Hoise The Reverend Hoise Bell, 5600 Oak Grove Road, appeared before the City Bell re Z-89-80 Council and expressed opposition to the application of Ryan Mortgage Company for a change in zoning of property located at the southeast corner of I -35W South and I-820 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, and disallowing certain itemized uses, Zoning Docket No. Z-89-80. Council Member Webber made a motion, seconded by Council Member Granger, that the application of Ryan Mortgage Company for a change in zoning of property located at the southeast corner of I -35W South and I-820 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, and disallowing certain itemized uses, Zoning Docket No. Z-89-80, be denied with prejudice. Mr. Don P. Worth- Mr. Don P. Worthington, 5505 Stafford Drive, appeared before the City Council ington re and expressed opposition to the application of Ryan Mortgage Company for a change in Z-89-80 zoning of property located at the southeast corner of I -35W South and I-820 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 Minutes of City Council N-3 Page 391 392 Mr. Don Worth- and abutting Lot 16, Block 17, Westview Park Addition, Lots 4 through 9, Block 18, ington cont. Westview Park Addition, and property owned by E. Cloer, and disallowing certain itemized uses, Zoning Docket No. Z-89-80. Ms. Marilyn E. Ms. Marylyn E. Miles, 5609 Hensley Drive, appeared before the City Council Miles re and expressed opposition to the application of Ryan Mortgage Company for a change in Z-89-80 zoning of property located at the southeast corner of I -35W South and I-820 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, and disallowing certain itemized uses, Zoning Docket No. Z-89-80. When the motion, that the application of Ryan Mortgage Company for a change in zoning of property located at the southeast corner of I -35W South and I-820 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, disallowing certain itemized uses, be denied with prejudice, was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Granger, McCray, Webber, and Chappell NOES: Council Members Garrison and Murrin ABSENT: None At this time Council Member Granger excused herself from the Council table. Mr. Jerry Starnes Mr. Jerry Starnes appeared before the City Council and expressed appreciation re lease at Casino to the City Council for the lease at Casino Beach. Beach M&C OCS-47 Lia- There was presented Mayor and Council Communication No. OCS-47 from the bility Bonds Office of the City Secretary recommending that the City Council authorize acceptance or cancellation of liability bonds, as follows: CONTRACTOR'S BONDS INSURANCE COMPANY V.A. Construction L.H. Lacy Company Walt Williams Construction CEMENT BONDS Coyote Constructors, Inc. Payne Construction ITINERANT VENDORS BOND Frederick J. Resch CONTRACTOR'S BOND Lawyers Surety Corporation The Fidelity and Casualty Company MCA Insurance Co. Western Surety Company The Ohio Casualty Insur- ance Company Universal Surety of America CANCELLATIONS CANCELLATION DATE INSURANCE COMPANY Eagle Pipeline Con- 2/8/90 United States Fidelity struction & Guaranty Company #18-0130-10073-86-5 It was the consensus of the City Council that the recommendation be adopted and that the canceled bonds remain in full force and effect for all work performed prior to date of cancellation. M&C OCS-48 Claims There was presented Mayor and Council Communication No. OCS-48 from the Office of the City Secretary recommending that notices of claims for alleged damages and/or injuries be referred to the Risk Management Department, as follows: Nancy K. Foster 1. Claimant: Nancy K. Foster. Date Received: November 29, 1989 Date of Incident: November 14, 1989 Location of Incident: 4920 Birchman Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages to her property as the result of a City employee falling through ceiling j while making an inspection. Minutes of City Council N-3 Page 392 393 Tuesday, December 5, 1989 General Motors 2. Claimant: General Motors Acceptance Acceptance (GMAC) Corporation (GMAC) Date Received: November 29, 1989 Date of Incident: sold February 22, 1989 Location of Incident: 600 E. Freeway Estimate of Damages/ Injuries: $3,199.26 Nature of Incident: Claimant alleges damages to its property as the result of its car being sold at a Police Auction without notification to the lien holder. Raul Lopez 3. Claimant: Raul Lopez Date Received: November 29, 1989 Date of Incident: Car stolen on March 25, 1989 Location of Incident: Auto Pound - City of Fort Worth Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages to his property as the result of his car being stolen and subsequently sold at Police Auction without notification of recovery. Scott Allen Miller 4. Cl aimant: Scott Allen Miller Date Received: November 29, 1989 Date of Incident: Undeclared Location of Incident: City of Fort Worth Auto Pound Estimate of Damages/ Injuries: $754.64 - $757.66 Nature of Incident: Claimant alleges damages to his property as the result of tools being stolen from his car while in the Fort Worth Auto Pound. Connell Spain 5. Claimant: Connell Spain Date Received: November 28, 1989 Date of Incident: November 18, 1989 Location of Incident: 3451 Alta Mesa Boulevard (Sack -n -Save Food Store) Estimate of Damages/ Injuries: $200,000,000.00 Nature of Incident: Claimant alleges damages as the result of actions taken by Fort Worth Police Officers. Rex Sanford Meeks 6. Claimant: Rex Sanford Meeks Date Received: November 27, 1989 Date of Incident: October 11, 1989 Location of Incident: City Park (corner of Westcreek & Woodmont) Estimate of Damages/ Injuries: $1,164.40 Nature of Incident: Claimant alleges damages and injuries as the result of falling through a loose storm drain cover. Wilma J. Fortin 7. Claimant: Wilma J. Fortin Date Received: November 27, 1989 Date of Incident: Stolen October 6, 1989 Location of Incident: Auto Pound Estimate of Damages/ Injuries: $110.00 Nature of Incident: Claimant alleges damages as the result of the non -notification by City Pound of recovery of his vehicle. Anita Anthony 8. Claimant: Anita Anthony Date Received: November 27, 1989 Date of Incident: October 12, 1989 Attorney: Joe W. Byrd Location of Incident: 1401 Pennsylvania Ave. & 550 S. Ballinger St. Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages and injuries as the result of an accident involving a City -owned vehicle (police). Minutes of City Council N-3 Page 393 Z394 Tuesday, December 5, 1989 9. Claimant: William H. Bowles William H. Bowles Date Received: November 27, 1989 Date of Incident: July 29, 1989 Attorney: Craig P. Dickson Location of Incident: 6200 Hatchery Road, Lake Worth Dam Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages and injuries as the result of the absence of warning signs on lake to inform boaters of spillway. Mark Kevin Miller 10. Claimant: Mark Kevin Miller Date Received: November 22, 1989 Date of Incident: November 17, 1989 Location of Incident: 6300 E. Lancaster Estimate of Damages/ Injuries: $95.00 Nature of Incident: Claimant alleges damages to his automobile resulting from towing. Ronald B., Steven 11. Claimant: Ronald B., Steven B. Midgley and B. Mi dgl ey and Potomac Ins. Co. November 21, 1989 Potomac Ins. Co. Date Received: November 22, 1989 October 24, 1989 Date of Incident: May 22, 1989 Segers & Lemons (Keith D. Lemons) Attorney: Kern and Wooley (Charles L. Hoedebeck) Location of Incident: Summit Avenue & West Vickery Boulevard Claimant alleges injuries as the Estimate of Damages/ result of pavement cave-in. Harry Griffin Injuries: $2,353.92 Harry Griffin Nature of Incident: Claimants allege damages and injuries as the result of an accident involving a City -owned Between Winified and Trail Lake on vehicle (Water Department). Keith Collins 12. Claimant: Keith Collins Date Received: November 21, 1989 Date of Incident: October 24, 1989 Attorney: Segers & Lemons (Keith D. Lemons) Location of Incident: E. Arlington St. Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges injuries as the result of pavement cave-in. Harry Griffin 13. Claimant: Harry Griffin Date Received: November 20, 1989 Date of Incident: October 17, 1989 Location of Incident: Between Winified and Trail Lake on Walton Estimate of Damages/ Injuries: $3,273.78 Nature of Incident: Claimant alleges damages to his property as the result of a broken water line. Virginia Kay 14. Claimant: Virginia Kay Millsap Mill sap Date Received: November 16, 1989 Date of Incident: October 6, 1989 Location of Incident: Fort Worth City Hall (south entrance automatic door) Estimate of Damages/ Injuries: $184.24 Nature of Incident: Claimant alleges injuries as the result of the automatic door malfunctioning. Rhonette Marie 15. Claimant: Rhonette Marie Jones Jones Date Received: November 16, 1989 Date of Incident: September 20, 1989 Location of Incident: Limerick Drive Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages as the result of an accident involving a vehicle (truck) and his. Bettye J. Hall 16. Claimant: Bettye J. Hall Date Received: November 17, 1989 Date of Incident: November 6, 1989 Attorney: Greenspan and Sands (Ronald L. Sands) Location of Incident: Wilbarger St. and Village Creek Rd. Estimate of Damages/ Injuries: $1,200.00 Minutes of City Council N-3 Page 394 Bettye J. Hall claim cont. Wade W. Robbins, Sr. William L. Austin, II M&C OCS-48 adopted M&C OCS-49 Correspondence re from Mrs. Vera Sharp, daughter of Flora Hodge re- garding Medstar Ambulance service, corr from Mr. R. W. Decker about installation of sidewalks adjacent to Crestline, Mrs. James Skelton re tha a lease law fo cats be adopted, corr from Mr. Ralp T. Leith denial of Z-89-067, corr fro Jerence Luim tele- phone swithboard number back in City Hall Benefit Hearing M&C G-8346 39J Tuesday, December 5, 1989 Nature of Incident: 17. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 18. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Claimant alleges damages as the result of an accident involving a City -owned vehicle (truck). Wade W. Robbins, Sr. November 16, 1989 November 15, 1989 400 S. Riverside Drive $21.40 Claimant alleges damages resulting from a split tire. William L. Austin, II November 16, 1989 September 15, 1989 University Drive at Cullen $370.00 Claimant alleges damages to his automobile as the result of an accident. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. OCS-49 from the City Secretary transmitting correspondence from Mrs. Vera Sharp, daughter of Flora Hodge, regarding the billing of Ms. Flora Hodge for ambulance services provided by MedStar; correspondence from Mr. Ralph T. Leith, representing homeowners of Hanover and surrounding area, expressing appreciation to the City Council for the denial of the zoning change request of Z-89-067; correspondence from Mr. R.W. Decker submitting photocopies of two letters of individuals who own property on Crestline and signed by neighbors urging the City Council to oppose the installation of sidewalks along Crestline Road; correspondence from Mr. Jerence Luim expressing appreciation to the City Council for placing the City Hall switchboard back into City Hall replacing the electronic system; and correspondence from Mrs. James Skelton requesting that a leash law for cats be put into place. It was the consensus of the City Council that correspondences be referred to the Office of the City Manager. It appearing to the City Council that Ordinance No. 10425, was adopted on October 31, 1989, setting today as the date for benefit hearing in connection with the assessment paving of West Bolt Street from Sixth Avenue to Hemphill Street and that notice of the hearing has been given by publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, Texas, on November 9, 10, and 13, 1989, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Lunday, representing the Department of Transportation and Public Works, appeared before the City Council and called attention of the City Council to Mayor and Council Communication No. G-8346, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF W. BOLT STREET FROM 6TH AVENUE TO HEMPHILL STREET RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing, levying assessments as proposed, and finding that the abutting property is specially benefited in enhanced value in an amount equal to or greater than the amount assessed for the improvement of W. Bolt Street from 6th Avenue to Hemphill Street. niScusSTON: The 1986-88 Capital Improvement Program approved in March, 1986, included funds for the improvement of W. Bolt Street from 6th Avenue to Hemphill Street. The project is located in the Worth Heights Target Area. CDBG funds will provide 15% of the construction cost. On October 31, 1989 (M&C G-8302), the City Council established December 5, 1989, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, V.A.C.S. This project is located in Council District No. 9. PROPOSED IMPROVEMENTS: West Bolt Street from 6th Avenue to Hemphill Street is proposed to be reconstructed with six-inch thick reinforced concrete pavement and seven-inch high concrete curbs on a six-inch thick lime stabilized subgrade so that the finished roadway will be thirty feet wide on a fifty -foot right-of-way. Six-inch thick concrete driveway approaches will be constructed where shown on the plans. Minutes of City Council N-3 Page 395 396 Tuesday, December 5, 1989 M&C G-8346 cont. 11 ASSESSMENTS: Based on standard City, policy, the City Engineer's cost estimate, and the advice of the independent appraiser, the cost sharing for the construction has been computed at $38,305.40 (10%) for adjacent property owners and $343,237.85 (90%) for Fort Worth City. An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the improvements. The independent appraisal substantiates that, as a result of the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment. Mr. Robert Martin Mr. Robert Martin, independent appraiser, appeared before the City Council re M&C G-8346 and advised the City Council of the enhancement by an amount equal to or in access of the actual cost of construction of the project. There being no one present desiring to be heard, Council Member Chappell made a motion, seconded by Council Member McCray, that the hearing be closed and assessments levied as proposed with the following exceptions: the vacant lots with residential zoning be assessed at the current residential rate and the owners of residences on properties which have commercial zoning be permitted to file for rezoning to A or B Residential for a fee of $100.00. 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, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: Council Member Granger The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10455 10455 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF WEST BOLT STREET, FROM SIXTH AVENUE TO HEMPHILL 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. It appearing to the City Council that Ordinance No. 10426, was adopted on October 31, 1989, setting today as the date for benefit hearing in connection with the assessment paving of West Jessamine Street from 6th Avenue to 8th Avenue and that notice of the hearing has been given by publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, Texas, on November 9, 10, and 13, 1989, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Lunday" Mrs. Martha Lunday, representing the Department of Transportation and Public re M&C G-8343 Works, appeared before the City Council and called attention of the City Council to Mayor and Council Communication No. G-8343, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF WEST JESSAMINE STREET FROM 6TH AVENUE TO 8TH AVENUE (PROJECT NO. 67-040140) RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abutting property is specially Minutes of City Council N-3 Page 396 39`7 1&C G-8343 cont. benefited in enhanced value in excess of the amount assessed for the improvement of West Jessamine Street from 6th Avenue to 8th Avenue. DISCUSSION: The 1986-88 Capital Improvement Program approved in March, 1986, included funds for the improvement of West Jessamine Street from 6th Avenue to 8th Avenue. This street is located in the Midsouth Target Area, and CDBG funds will provide 15 percent of the construction cost. On October 31, 1989 (M&C C-11967), the City Council awarded the construction contract for this project and established December 5, 1989, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. The project is located in Council District 9. PROPOSED IMPROVEMENTS: It is proposed to improve this segment of West Jessamine by constructing six-inch thick reinforced concrete pavement with seven-inch high attached concrete curb on a five -inch thick hot -mix asphaltic concrete base course so that the finished roadway will be thirty feet wide on a sixty foot right-of-way. Six-inch thick concrete driveway approaches will be constructed where shown on the plans. ASSFSSMFNTS: This street has previously been constructed to City standards and is located in a CDBG Target Area; therefore, in accordance with the Assessment Paving Policy, properties zoned and used for one- and two-family residences are not being assessed. 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 low bid prices, and the advice of the independent appraiser, the cost of the construction has been computed at $9,675.30 (6%) for the property owners and $146,986.07 (94%) for the City of Fort Worth at large. Council Member Chappell made a motion, seconded by Council Member Murrin, that the hearing be closed and assessments levied as proposed with the following exceptions: the vacant lots with residential zoning be assessed at the current residential rate and the owners of residences on properties which have commercial zoning be permitted to file for rezoning to A or B Residential for a fee of $100.00. When the motion was put to a vote by the Mayor, it prevailed unanimously. n trod uced an ICouncil Member Chappell introduced an ordinance and made a motion that it be r diva nce adopted. The motion was seconded by Council Member Murrin. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: Council Member Granger Minutes of City Council N-3 Page 397 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-8343 and advised the City Council of the enhancement by an amount equal to or in access of the actual cost of construction of the project. r. Eddie Stivers Mr. Eddie Stivers, 2301 8th Avenue, owner of Lot 10, Block 1, Ryan Place e M&C G-8343 Addition, which property is adjacent to West Jessamine, Unit III, from Sixth Avenue to Eighth Avenue, appeared before the City Council and expressed opposition to the assessment paving of West Jessamine, Unit III, from Sixth Avenue to Eighth Avenue. r. Kerry Moseley Mr. Kerry Moseley, 2263 8th Avenue, owner of Lot 32, Block 28, Fairmount e M&C G-8343 Addition, which property is adjacent to West Jessamine, Unit III, from Sixth Avenue to Eighth Avenue, appeared before the City Council and expressed opposition to the assessment paving of West Jessamine, Unit III, from Sixth Avenue to Eighth Avenue. ed Gorski re M&C Assistant City Attorney Ted Gorski appeared before the Council and advised -8343 the City Council that the burden would be on the property owners to submit their own appraisals of improvements to the property for consideration of lowering the assessments. Council Member Chappell made a motion, seconded by Council Member Murrin, that the hearing be closed and assessments levied as proposed with the following exceptions: the vacant lots with residential zoning be assessed at the current residential rate and the owners of residences on properties which have commercial zoning be permitted to file for rezoning to A or B Residential for a fee of $100.00. When the motion was put to a vote by the Mayor, it prevailed unanimously. n trod uced an ICouncil Member Chappell introduced an ordinance and made a motion that it be r diva nce adopted. The motion was seconded by Council Member Murrin. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: Council Member Granger Minutes of City Council N-3 Page 397 398 Tuesday, December 5, 1989 The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10453 10453 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF WEST JESSAMINE STREET FROM SIXTH AVENUE TO EIGHTH AVENUE, 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. It appearing to the City Council that Ordinance No. 10426 was adopted on October 31, 1989, setting today as the date for benefit hearing in connection with the assessment paving of Byers Avenue from Margaret Street to Belle Place and that notice of the hearing has been given by publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, Texas, on November 9, 10, and 13, 1989, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Lunda y Mrs. Martha Lunday, representing the Department of Transportation and Public re M&C G-8344 Works, appeared before the City Council and called attention of the City Council to Mayor and Council Communication No. G-8344, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF BYERS AVENUE FROM MARGARET STREET TO BELLE PLACE (PROJECT NO. 67-040140) RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abutting property is specially benefited in enhanced value in excess of the amount assessed for the improvement of Byers Avenue from Margaret Street to Belle Place. DISCUSSION: The 1986-88 Capital Improvement Program approved in March, 1986, included funds for the improvement of Byers Avenue from Margaret Street to Belle Place. On October 31, 1989 (M&C C-11967), the City Council awarded the construction contract for this project and established December 5, 1989, as the date of the benefit hearing. Notices have been given in accordance with Article 11O5b, Vernon's Annotated Civil Statutes. The project is located in Council District 7. PROPOSED IMPROVEMENTS: It is proposed to improve this segment of Byers by constructing six-inch thick reinforced concrete pavement with seven-inch high attached concrete curb on a six-inch thick cement stabilized subgrade so that the finished roadway will be thirty to forty feet wide on a sixty foot right-of-way. Six-inch thick concrete driveway approaches will be constructed where shown on the plans. ASSESSMENTS: This street has previously been constructed to City standards; therefore, in accordance with the Assessment Paving Policy, properties zoned and used for one- and two-family residences are not being assessed. 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 low bid prices, Minutes of City Council N-3 Page 398 899 Tuesday, December 5, 1989 and the advice of the independent appraiser, the cost of the M&C G-8344 cont. construction has been computed at $2,449.80 (1%) for the property owners and $185,339.13 (99%) for the City of Fort Worth at large. 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. Mr. Robert Martin Mr. Robert Martin, independent appraiser, appeared before the City Council re M&C G-8344 and advised the City Council of the enhancement by an amount equal to or in access of the actual cost of construction of the project. There being no one else present desiring to be heard, Council Member Murrin made a motion, seconded by Council Member Chappell, that the hearing be closed and assessments levied as proposed with the exception that vacant lots with residential zoning be assessed at the current residential rate. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member Murrin introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: Council Member Granger The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10454 10454 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF BYERS AVENUE FROM MARGARET STREET TO BELLE PLACE, 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-8345 was withdrawn It was the consensus of the City Council that the hearing on the assessment paving of Washington Avenue from Jessamine Street to Richmond Avenue (Mayor and Council Communication No. G-8345) be withdrawn from the agenda inasmuch as the notice of the hearing was not published. M&C G-8322 re There was presented Mayor and Council Communication No. G-8322 from the City reimbursement to Manager stating that an agreement with the City of Arlington was approved on May 5, the City of 1988, by Mayor and Council Communication No. C-10955 which included provisions for cost Arlington sharing of the design and construction of Green Oaks Boulevard/Cooks Lane Interchange; that the agreement requires that Arlington be responsible for 70 percent of the design and construction of the interchange and Fort Worth will be responsible for the remaining 30 percent; that a concept of the interchange was described in the agreement which called for the interchange to be braided "Y" intersection with grade separations; that Arlington's consultant engineer, Schrickel, Rollins and Associates, Inc., has completed a preliminary geometric Plan on the interchange which was submitted to the Fort Worth staff for review; that staff has reviewed the plan and have significant concerns about how the proposed plan would best serve future traffic needs in the City of Fort Worth; that staff recommends that Schrickel, Rollins and Associates, Inc., examine alternative solutions which will properly address the concerns of the City of Fort Worth and recommending that the City Manager be authorized to reimburse the City of Arlington in amount not to exceed $18,000.00 for additional design services required for Green Oaks Boulevard/Cooks Lane Interchange and approve a bond fund transfer in the amount of $18,000.00 from 90-095701-00, City's Share of Design Engineer New Development, to 90-136117-00, Green Oaks Boulevard Interchange, to fund the estimated cost of design services for the Green Oaks Boulevard/Cooks Lane Interchange. On motion of Council Member Zapata, seconded by Council Member Chappell, the recommendation were adopted. M&C G-8322 adoptedlii It was the consensus of the City Council that the recommendations be adopted. Minutes of City Council N-3 Page 399 Tuesday, December 5, 1989 There was presented Mayor and Council Communication No. G-8329 from the City M&C G-8329 re Manager recommending that the City Council authorize release of collateral pledged by release of Summit National Bank and held in safekeeping by NCNB Fort Worth, as follows: collateral pledge become a major intersection for east -west traffic traveling between East Loop 820 and Woodhaven Boulevard; that it is recommended that traffic signals be installed at this by Summit National PAR SECURITY RATE MATURITY Bank indications, and WALK -DONT WALK pedestrian indications; and recommending that the installation of a new traffic signal at the intersection of Highwoods Trail and Randol $1,000,000 FNMA 8.50 5/.11/92 Mayor Bolen; Council Members Garrison and Webber advised City Council of a conflict of interest in voting on Mayor and Council Communication No. G-8329 and stated that they will not be voting. Council Member Chappell made a motion, seconded by Mayor Pro tempore Gilley, that the recommendation as contained in Mayor and Council Communication No. G-8329, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Pro tempore Gilley; Council Members Zapata, McCray, Murrin, and Chappell NOES: None ABSENT: Council Member Granger NOT VOTING: Mayor Bolen; Council Members Garrison and Webber M&C G-8330 re There was presented Mayor and Council Communication No. G-8330 from the City submission grant Manager stating that a contract with the Fort Worth Adolescent Pregnancy Board was application from authorized on January 3, 1989, by Mayor and Council Communication No. G-7881 providing the Fort Worth for the establishment of a prevention educational program for two adolescent male groups and initiating a case management intervention for the subgroup of fathers; that Adolescent Preg- AdoleBoard for the the grant was awarded for an initial seven-month project period beginning February 1, nancy Adolescent Male 1989, through August 31, 1989; that, early September of 1989, we were notified of a Outreach Program continuation grant award for a 12 -month budget period beginning October 19 1989, through September 30, 1990; that it has been necessary to prepare and submit a continuation grant application, contract, and recommended Mayor and Council Communication; that the program provides for ongoing educational and counseling sessions for male adolescents who are at a high risk of paternity and need very much to improve their capacities to become more sexually responsible and enjoy more mature dating relationships; and recommending that the City Manager be authorized to: 1. Submit, and accept if offered, the grant application from the Fort Worth Adolescent Pregnancy Board (FWAPB) for the Adolescent Male Outreach Program for the program year from October 1, 1989 - September 30, 1990, in the amount of $31,744; 2. Authorize the Accounting Division of the Finance Department, subject to funding agency approval and the City Manager's acceptance of the grant, to establish the grant project account(s) in the City of Fort Worth financial accounting system upon receipt of an executed contract; 3. Approve the waiver of $6,374 in indirect costs, which is not an allowable cost category in this grant; and 4. Accept such additional funds from the Fort Worth Adolescent Pregnancy Board as may become available. M&C G-8330 adopted 11 It was the consensus of the City Council that the recommendation be adopted. M&C G-8331 re installation of There was presented Mayor and Council Communication No. G-8331 from the City new traffic signal Manager stating that the reconstruction of Randol Mill Road between East Loop 820 and Woodhaven Boulevard includes the intersection of Highwoods Trail and Randol Mill Road; that, when the reconstruction of Randol Mill Road is completed, this location will become a major intersection for east -west traffic traveling between East Loop 820 and Woodhaven Boulevard; that it is recommended that traffic signals be installed at this location; that the Department of Transportation and Public Works proposes to install a fully actuated traffic signal controller, red -amber -green mastarm mounted signal indications, and WALK -DONT WALK pedestrian indications; and recommending that the installation of a new traffic signal at the intersection of Highwoods Trail and Randol Mill Road be approved and that a bond fund transfer in the amount of $35,000.00 be authorized from 89-031901-00, Unspecified Traffic Signals, to 89-031091-00, Highwoods Trail and Randol Mill Road, to provide funds for construction. It was the consensus of the City Council that the recommendations be adopted. M&C G-8332 re There was presented Mayor and Council Communication No. G-8332 from the City installation of new Manager stating that the reconstruction of Randol Mill Road between East Loop 820 and traffic signal Woodhaven Boulevard includes the intersection of Bridgewood Drive, Handley Ederville Road and Randol Mill Road; that, when the reconstruction of Randol Mill Road is Minutes of City Council N-3 Page 400 401. completed, this location will become a major intersection for north -south traffic M&C. G-8332 cont. traveling between I-30 and the Airport Freeway, and east -west traffic traveling between East Loop 820 and Woodhaven Boulevard; that it is recommended that traffic signals be installed at this intersection; that the Department of Transportation and Public Works proposes to install a fully actuated traffic signal controller, red -amber -green mastarm mounted signal indications, and WALK -DONT WALK pedestrian indications; and recommending that the installation of a new traffic signal at the intersection of Bridgewood Drive, Handley Ederville Road, and Randol Mill Road be authorized and that a bond fund transfer in the amount of $40,000.00 be authorized from 89-031901-00, Unspecified Traffic Signals, to 89-031092-00, Bridgewood Drive, Handley Ederville Road, and Randol Mill Road, to provide funds for construction. It was the consensus of the City Council that the recommendations be adopted. M&C G-8333 re There was presented Mayor and Council Communication No. G-8333 from the City settlement of Manager stating that on November 8, 1985, Carmelina Valderas was killed when struck by lawsuit filed by an automobile driven by Elizabeth Eckert while attempting to cross the street at Louis and Shirley 2300 Clover Lane; that plaintiffs allege that the City failed to extend a school zone Valderas to the point where the accident occurred; that, while admitting no liability in this matter, the Department of Law and Risk Management Department negotiated with the plaintiffs through their attorney and have agreed to a settlement of this lawsuit for $5,000.00 and taxable court costs; that funds are available in Commercial/City Self Insurance Fund 71, Account No. 15-71-20, Index Code 399188; and recommending that the City Council approve the settlement of lawsuit filed by plaintiffs, Louis and Shirley Valderas, individually and as next friend of Carmelina Valderas and that the City Council authorize City Manager to expend the sum of $5,000.00 plus taxable court costs for the settlement agreed to by plaintiffs, their attorney, and the City of Fort Worth, Cause No. 141-108705-87. It was the consensus of the City Council that the recommendation be adopted. M&C G-8334 re There was presented Mayor and Council Communication No. G-8334 from the City fund transfer Manager stating that the 1978-81 CIP allocated funds for the acuisition of several park sites; that, to supplement these funds, the Park and Recreation Department obtained 50-50 reimbursement grant through the Texas Parks and Wildlife Department; that the total amount of the grant was $802,070.00 and it became known as the Ten City Park Acquisition Grant; that the City of Fort Worth has satisfied all of the requirements of the grant and has been reimbursed by Texas Park and Wildlife for the full share of 50 percent of the grant amount; that, while all of the requirements of the grant agreement have been satisfied, due to unusual circumstances in both cases, two parks remain to be acquired; that the two parks, identified by planning districts, are Southeast 0-2 in the Polytechnic area and Sector One F-3 west of Hulen Street along the Clear Fork of the Trinity River; that funds are set aside in the original bond funds for the eventual acquisition of these park sites; that substantial gifts of land were received during the acquisition process which permitted the City of Fort Worth to use this land as a portion of the local share in the matching grant; that, as a result, there are several project accounts in the grant that have a remaining balance; and recommending that the City Council approve the fund transfer of revenue from Grant Fund 76, Project No. 306649-00, Ten City Parks, in the amount of $230,799.65, to Fund 23, Project No. 041020-99, Park and Recreation Improvements Capital Project Fund. It was the consensus of the City Council that the recommendation be adopted. M&C G-8335 re There was presented Mayor and Council Communication No. G-8335 from the City registration fees Manager stating that Fort Worth was asked to host the 1990 Neighborhoods U.S.A. collected from the Conference which will be held in May 1990; that the Neighborhoods U.S.A. Conference is Neighborhoods U.S. designed to provide training to citizens on how to effectively work as a unit and how A. Conference to work with their cities for the betterment of their neighborhoods; private sources will be asked to assist with conference expenses; and recommending that the City Council accept and record in Special Trust Fund 72, Project No. 515300-00 Neighborhoods U.S.A. Conference, registration fees to be collected from the conference, estimated to be $55,000.00; accept and record in Special Trust Fund 72, Project No. 515300-00, Neighborhoods U.S.A. Conference, any donations received to defray the expenses of the conference; and adopt an appropriations ordinance increasing estimated receipts and appropriations by any donations received and the estimated $55,000.00 in registration fees in Special Trust Fund 72, Project No. 515300-00, Neighborhoods U.S.A. Conference; and authorize expenditure of the above estimated $55,000.00 and future donations for the May 1990 Neighborhoods U.S.A. Conference. It was the consensus of the City Council that the recommendations be adopted. Introduced an Council Member Murrin introduced an ordinance and made a motion that it be or diance 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, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: Council Member Granger The ordinance, as adopted, is as follows: Minutes of City Council N-3 Page 401 402 Tuesday, December 5, 1989 ORDINANCE NO. 10451 Ordinance No. 10451 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE SPECIAL TRUST FUND 72, PROJECT NO. 515300-00, NEIGHBORHOODS U.S.A. CONFERENCE, OF THE CITY OF FORT WORTH FOR THE FISCAL YEAR 1990 BY THE SUM OF $55,000 AND APPROPRIATING SAID $55,000 TO THE SPECIAL TRUST FUND 72, PROJECT NO. 515300-00, NEIGHBORHOODS U.S.A. CONFERENCE, FOR THE PURPOSE OF CONDUCTING THE NEIGHBORHOODS U.S.A. CONFERENCE; 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT 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 G-8336 re There was presented Mayor and Council Communication No. G-8336 from the City replacement of Manager recommending that a work authorization be authorized in accordance with AR3-3 Sanitary Sewer for the replacement of Sanitary Sewer L-615 located in an alley south of Orange Street L-615 between College Avenue and Henderson Street for a total estimated project cost of $38,495.29; with funds available in Water and Sewer Operating Fund 45, Account No. 70-70-04, Index Code 387886. It was the consensus of the City Council that the recommendation be adopted. M&C G-8337 re There was presented Mayor and Council Communication No. G-8337 from the City replacement of Manager recommending that a work authorization be authorized in accordance with AR3-3 sanitary Sewer for the replacement of Sanitary Sewer L-281 located in an alley east of St. Louis L-281 Street from Arlington Street to Jefferson Street for a total estimated project cost of $37,695.76; with funds available in Water and Sewer Operating Fund 45, Account No. 70-70-04, Index Code 387886. It was the consensus of the City Council that the recommendation be adopted. M&C G-8338 re There was presented Mayor and Council Communication No. G-8338 from the City Appointment of Manager recommending that the City Council approve, confirm, and ratify his appointment Dr. Hardy Ray of Dr. Hardy Ray Murphy to a three-year term on the Personnel Commission. It was the Murphy consensus of the City Council that the recommendation be adopted. M&C G-8339 re There was presented Mayor and Council Communication No. G-8339 from the City Proposed Deletion Manager, as follows: of DeCosta Avenue SUBJECT: PROPOSED DELETION OF DeCOSTA AVENUE FROM 1986-88 CAPITAL IMPROVEMENT PROGRAM RECOMMENDATION: It is recommended that the City Council: 1. approve the deletion of DeCosta Avenue (Lawnwood Avenue to 750 feet south) from the 1986-88 Capital Improvement Program and the reallocation of the project funding ($66,000) to the Council District 8 Undesignated Account; and 2. approve the following bond fund transfer: FROM TO AMOUNT REASON 67-040176-00 94-009905-00 $ 22,163.32 To return funds for DeCosta Avenue Special cancelled project Lawnwood and Assessments to undesignated Brandies Unspecified account. DTSf:IISSTnN! The 1986-88 Capital Improvement Program approved by the voters in March, 1986, included $66,000 for the City's share of the cost of improving DeCosta Avenue from Lawnwood to 750 feet south, in Council District 8. On September 26, 1989 (M&C G-8241), the City Council conducted a benefit hearing for assessments for the proposed project. A representative of the property owners appeared and expressed the owners' interest in the widening of the street. Accordingly, in anticipation of a revised project scope, the Council did not levy the proposed assessments. Minutes of City Council N-3 Page 402 403 Tuesday, December 5, 1989 The 1986-88 CIP provides that, "The Council shall have the right to &C G-8339 cont. abandon or modify a project if, in the Council's opinion, conditions materially change so that the project as originally proposed is unwise or unnecessary. In that event, the Council may direct that the bond proceeds be expended for other projects within the voted purpose of the bonds." The widening and paving of DeCosta should be addressed through a standard Community Facilities Agreement initiated by the adjacent property owners and funded from new development bond funds. It is therefore proposed that DeCosta be deleted from the reconstruction program. FINANCING: NOES: None ABSENT: Council Member Granger The ordinance, as adopted, is as follows: rdinance No. ORDINANCE NO. 10452 0452 AN ORDINANCE MAKING AND ADOPTING FINDINGS OF FACT CONCERNING FIREWORKS, AMENDING THE FIRST PARAGRAPH OF SECTION 78.102 OF THE 1988 UNIFORM FIRE CODE AS ADOPTED BY THE FORT WORTH CITY COUNCIL IN CITY OF FORT WORTH ORDINANCE NO. 10328 TO DECLARE THE POSSESSION, USE, MANUFACTURE, SALE, OFFERING FOR SALE, GIVING, TRANSPORTATION OR DISCHARGE OF FIREWORKS WITHIN FIVE THOUSAND FEET OF THE CORPORATE LIMITS OF THE CITY OF FORT WORTH TO BE A NUISANCE AND PROHIBITING SAME WITH AN EXCEPTION FOR SUPERVISED PUBLIC FIREWORKS DISPLAYS BY ARTISANS IN PURSUIT OF THEIR TRADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the United States Consumer Products Safety Commission reports that, in the years 1985 through 1988, an average of 10,525 fireworks -related injuries per year were treated in hospital emergency rooms in the United States; and WHEREAS, in 1988 fire departments in the State of Texas reported 699 fireworks -related fires to the Texas State Board of Insurance, with an estimated property damage amount of $632,425; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Minutes of City Council N-3 Page 403 Upon approval and completion of Recommendation No. 2, the funds previously transferred for the property owner's share of the DeCosta project will be returned to the undesignated account. &C G-8339 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. G-8339, be adopted. &C G-8340 re There was presented Mayor and Council Communication No. G-8340 from the City ireworks a Manager submitting to the City Council a proposed amendment to the Fire Code stating uisance that the proposed ordinance is made necessary by State statute which authorizes the City to enforce a ban on nuisances up to 5,000 feet outside the corporate limits; that, because of the injuries and fire loss due to fireworks, a ban on their use has been in effect for many years; that similar language was written into the latest edition of the Fort Worth Fire Code (Ordinance No. 10328), however, the State -required language needed to continue this ban was inadvertently omitted from the most recently adopted fire code; that no additional resources beyond current budgeting are required; and recommending that the City Council adopt an ordinance declaring fireworks a nuisance and banning their use within the corporate limits of the City and within 5,000 feet of the City corporate limits. On motion of Council Member Chappell, seconded by Council Member Murrin, the recommendation was adopted. ntroduced an rdina nce Council Member Chappell introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Murrin. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: Council Member Granger The ordinance, as adopted, is as follows: rdinance No. ORDINANCE NO. 10452 0452 AN ORDINANCE MAKING AND ADOPTING FINDINGS OF FACT CONCERNING FIREWORKS, AMENDING THE FIRST PARAGRAPH OF SECTION 78.102 OF THE 1988 UNIFORM FIRE CODE AS ADOPTED BY THE FORT WORTH CITY COUNCIL IN CITY OF FORT WORTH ORDINANCE NO. 10328 TO DECLARE THE POSSESSION, USE, MANUFACTURE, SALE, OFFERING FOR SALE, GIVING, TRANSPORTATION OR DISCHARGE OF FIREWORKS WITHIN FIVE THOUSAND FEET OF THE CORPORATE LIMITS OF THE CITY OF FORT WORTH TO BE A NUISANCE AND PROHIBITING SAME WITH AN EXCEPTION FOR SUPERVISED PUBLIC FIREWORKS DISPLAYS BY ARTISANS IN PURSUIT OF THEIR TRADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the United States Consumer Products Safety Commission reports that, in the years 1985 through 1988, an average of 10,525 fireworks -related injuries per year were treated in hospital emergency rooms in the United States; and WHEREAS, in 1988 fire departments in the State of Texas reported 699 fireworks -related fires to the Texas State Board of Insurance, with an estimated property damage amount of $632,425; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Minutes of City Council N-3 Page 403 404 Ordinance No. 10452 cont. M&C G-8341 re execution of Compromise and Settlement Agree- ment between the City of South - lake, the City of Keller, and the City of Fort Worth M&C G-8342 re contract amendment the City of South - lake M&C P-3847 re purchase of office furniture for the Aviation Departmen M&C P-3848 re purchaseof an 88 - inch flail mower and a 6 -foot rotar mower Tuesday, December 5, 1989 SECTION IV. PENALTY Any person, firm or corporation who omits, neglects or refuses to comply with or enforcement of any of the provisions of this not more than Two Thousand Dollars ($2,000.00) Each day that a violation is permitted to exist separate offense. SECTION IX. EFFECTIVE DATE violates, disobeys, who resists the Code shall be fined for each offense. shall constitute a This ordinance shall be in full force and effect thirty (30) days after its passage and publication, and it is so ordained. There was presented Mayor and Council Communication No. G-8341 from the City Manager stating that the City of Fort Worth sells treated water to the City of Southlake, such water being transported to the City of Southlake through a Fort Worth metered line located at the North Beach Street Reservoir; that, in August 1988, the City of Keller began to take treated water through the pipeline used by the City of Southlake for the transportation of treated water; that the City of Fort Worth billed the City of Southlake for all water which flowed through the Fort Worth meter at North Beach; that a dispute arose as to the amount of water taken by each city and whether or not the City of Fort Worth had authorized the City of Southlake to resell water to the City of Keller; and recommending that the City Manager be authorized to execute a Compromise and Settlement Agreement between the City of Southlake, the City of Keller, and the City of Fort Worth. On motion of Mayor Pro tempore Gilley, seconded by Council Member Zapata, the recommendation was adopted. There was presented Mayor and Council Communication No. G-8342 from the City Manager stating that the City of Fort Worth and the City of Southlake entered into a contract on June 24, 1987, City Secretary Contract No. 15776, whereby the City of Fort Worth agreed to sell treated water to the City of Southlake; that the contract provided that the City of Southlake would not resell treated water without the written consent of the City of Fort Worth; that the City of Southlake has requested permission from the City of Fort Worth to resell treated water to the City of Keller; and recommending that the City Manager be authorized to execute a contract amendment authorizing the City of Southlake to resell treated water to the City of Keller. On motion of Mayor Pro tempore Gilley, seconded by Council Member Chappell, the recommendation was adopted. There was presented Mayor and Council Communication No. P-3847 from the City Manager submitting a tabulation of bids received for the purchase of office furniture for the Aviation Department; stating that funds are available in Airport Fund 40, Account No. 55-10-00, Index Code 330464; and recommending that the purchase be made from T.C.R., Inc., on low bid of $5,170.57 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. P-3848 from the City Manager submitting a tabulation of bids received for the purchase of an 88 -inch flail mower and a six-foot rotary mower for the Park and Recreation Department; stating that funds are available in General Fund 01, Account Nos. 80-20-53 and 80-20-54, Index Codes 347450 and 347914, respectively; and recommending that the purchase be made from Mega Equipment Company for an amount of $2,323.00 and Zimmerer Kubota Tractor for an amount of $1,820.00, for a total amount not to exceed $4,143.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-3849 re There was presented Mayor and Council Communication No. P-3849 from the City purchase agreement Manager stating that the Park and Recreation Department is responsible for the health with Veterinary Re care of a wide variety of animals at the Fort Worth Zoo; that the Veterinary Reference ference Laboratory Laboratory and the Texas Veterinary Medical Diagnostic Laboratory provide a variety of specialty, laboratory diagnostics to support the zoo's clinical activities in the efforts to provide health care for the animals; that approval by Council to use these services when needed would facilitate health care since no other clinical laboratories are known to provide these special services; that Cardiopet, Inc., will sell the City a field recording device for recording cardiac monitoring during animal treatment by telephone transmission for a cost of $650.00; that the device will be purchased back by Cardiopet, Inc., at full purchase price when service is terminated; that the charges for services include $10.00 for routine transmissions and $15.00 for emergency transmissions; that staff feels these services will help to maintain and protect the City's investment in animals and their preservation; that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in the agreement; and recommending that a purchase agreement with Veterinary Reference Laboratory be authorized to furnish a variety of specialty laboratory diagnostics for the Fort Worth Zoo for an amount not to exceed $20,000.00; that a purchase agreement with Texas Veterinary Medical Diagnostic Laboratory be authorized to furnish a variety of specialty laboratory diagnostics for the Fort Worth Zoo for an amount not to exceed $7,500.00; that the purchase of a transtelephonic cardiac monitoring device and monitoring service for the Fort Worth Zoo from the sole source for the equipment Cardiopet, Inc., in an amount not to exceed $6,000.00 be authorized and that the agreements begin with the date of authorization by City Council and end one year later, with option to renew for one additional year. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council N-3 Page 404 405 Tuesday, December 5, 1989 There was presented Mayor and Council Communication No. P-3850 from the City M&C P-3850 re Manager stating that, when the City of Fort Worth assumed the management of Cowtown purchase of a Coliseum, there was a lease purchase agreement with Zimmerer Kubota for a Kubota tractor Model L4150 HDT tractor for coliseum maintenance; that the City assumed the agreement along with the coliseum management; that it has been determined the City would save $1,330.30 by purchasing the tractor rather than continuing the lease purchase; that the equipment can be purchased for $11,705.66 at this time, after 15 payments have been made; that funds are available in Non -departmental, General Fund 01, Account No. 90-69-00, Index Code 255927; and recommending that the purchase of a Kubota tractor be made from Zimmerer Kubota for the Cowtown Coliseum for an amount not to exceed $11,705.66. It was the consensus of the City Council that the recommendation be adopted. M&C P-3851 re There was presented Mayor and Council Communication No. P-3851 from the City purchase agreement Manager submitting a tabulation of bids received for a purchase agreement to provide a to provide centri- rental agreement for centrifugal pumps and hoses for City departments; stating that fugal pumps and budgeted funds are sufficient to cover the anticipated expenditure by each department hose participating in the agreement; and recommending that the purchase agreement be authorized with Barco on low overall bid of unit prices; and that all City departments be authorized to participate in this agreement, if needed, effective from date of authorization until expiration one year later. It was the consensus of the City Council that the recommendations be adopted. M&C P-3852 re There was presented Mayor and Council Communication No. P-3852 from the City purchase of traffic Manager submitting a tabulation of bids received for the purchase of traffic buttons buttons from Renco for the Transportation and Public Works Department; stating that funds are available in Supply, Inc. Contract Street Maintenance Fund 93, Project No. 095502-00, Index Code 693465; and recommending that the purchase be made from Renco Supply, Inc., on its low overall bid of $16,425.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-3853 re purchase agreement There was presented Mayor and Council Communication No. P-3853 from the City with D.F.M. Car- Manager stating that the City Council authorized a one-year purchase agreement with wash Sales and D.F.M. Carwash Sales and Services on January 26, 1988, by Mayor and Council Services Communication No. P-2409; that the first option was exercised on January 3, 1989, by burned truck Mayor and Council Communication No. P-3501; that the service has been satisfactory and staff recommends the second option to exercised; that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in the agreement; M&C P-3856 re and recommending that the City Council exercise the second option to renew the purchase purchase agreement agreement with D.F.M. Carwash Sales and Services for the City Services Department on to provide pro- the following unit prices: tective clothing (1) Monthly Service (2) Replace Brushes $262.50 per month $2,512.75 per set There will be no additional charges for after hours on emergency service. M&C P-3853 adopted It was also recommended that the agreement period begin January 26, 1990, and end one year later. It was the consensus of the City Council that the recommendations be adopted. M&C P-3854 re There was presented Mayor and Council Communication No. P-3854 from the City purchase of 1,300 Manager submitting a quotation received for the purchase of 1,300 baffle plates for the baffle plates Transportation and Public Works Department; stating that purchases will be charged to Transportation and Public Works, Light and Signal Inventory Subsidiary Account No. 141-000273; and recommending that the purchase be made from Klebold/Pajent on quotation of $5,780.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-3855 re There was presented Mayor and Council Communication No. P-3855 from the City purchase parts Manager submitting a tabulation of bids received for the purchase of parts and services. and services for for the repair of a burned truck for the City Services Department; stating that funds the repair of a are available in Equipment Services Operating Fund 61, Account No. 21-20-92, Index Code burned truck 244251; and recommending that the purchase be made from Buck's Collision Center for an amount not to exceed $8,849.59 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-3856 re There was presented Mayor and Council Communication No. P-3856 from the City purchase agreement Manager submitting a tabulation of bids received for a purchase agreement to provide to provide pro- protective clothing for the Fire Department; stating that funds are available in tective clothing General Fund 01, Account No. 36-30-00, Index Code 276170; and recommending that the City Council authorize: 1) A purchase agreement to provide protective clothing on the low bid; based on unit prices, as follows: i Casco Industries - Bunker Coats $234.70 ea. - Bunker Pants $148.20 ea. - Hoods $ 9.75 ea. - Short Boots $ 59.00 ea. Chief Fire & - Suspenders $ 5.29 ea. Safety - Gloves $ 19.00 ea. Minutes of City Council N-3 Page 405 IM&C P-3856 cont. IM&C P-3856 adopted M&C P-3857 re purchase agreement to provide blue - line reproduction materials IM&C P-3857 adopted M&C P-3858 re purchase of elec- trical supplies M&C P-3859 re expenditure for sole source Libr- ary Material Pur- chases Tuesday, December 5, 1989 Neel Associates, - Helmets $ 49.15 ea. Inc. - Long Boots $ 71.90 ea. All prices shown f.o.b. Fort Worth; and 2) Effective date of agreement to begin date of authorization and end one year later. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. P-3857 from the City Manager submitting a tabulation of bids received for a purchase agreement, with one year option for renewal, to provide Blueline reproduction materials for the Print Shop; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in the agreement; and recommending that the City Council: 1. Authorize a purchase agreement, with one year option for renewal, with Bruning, to provide blueline reproduction materials for the Print Shop on the low bid as follows: ITEM 1. Blueline 42" x 50 yd. rolls $12.04 per roll 2. Blueline 36" x 50 yd. rolls $10.32 per roll 3. Blueline 12" x 19" sheets $10.14 per pack 4. Blueline 24" x 36" sheets $35.25 per pack 5. Blueline 24" x 38 1/2" sheets $41.12 per pack 6. Blueline 11" x 18" sheets $10.55 per pack 7. Sepia 36" x 50 yd. rolls $35.89 per roll 8. Mylar Sepia 36 x 50 yd. rolls $98.83 per pack 9. Blackline Paper 42" x 50 yd. rolls $13.31 per roll 10. Blackline Paper 36" x 50 yd. rolls $11.41 per roll 11. Brownline 24" x 36" sheets $36.16 per pack 2. Allow all City departments to participate in this agreement, if needed, effective date of authorization until expiration one year later. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. P-3858 from the City Manager submitting a tabulation of bids received for the purchase of electrical supplies for the Transportation and Public Works Department; stating that purchases will be charged to Transportation and Public Works Inventory Subsidiary Account No. 141-000273; and recommending that the purchase be made from Summers Electric on low bid of $7,928.24, less one percent 30 days, net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. P-3859 from the City Manager, as follows: SUBJECT: SOLE SOURCE LIBRARY MATERIAL PURCHASES OVER $5,000.00 RECOMMENDATION: It is recommended that the City Council authorize the expenditure by the Library Department to purchase the library materials listed below, for the amounts specified. nTCrIICCTnN- The following is a list of vendors from which the Library will purchase materials in excess of $5,000 over the course of the fiscal year, based on experience. Each vendor holds copyrights or exclusive distribution rights to the materials it sells. Therefore, in each case an estimated amount of total purchases has been given and will not be exceeded without further notification of the City Council. These items are purchased as sole source items. VENDOR/PUBLICATION AMOUNT NOT TO EXCEED Standard & Poor's $ 5,000.00 Data Pro 13,500.00 Information Access 60,000.00 Disclosure 7,000.00 Gale Research 65,000.00 R. R. Bowker 17,000.00 H. W. Wilson 9,000.00 University Microfilms 60,000.00 Research Institute 8,000.00 Dun's Marketing Services 15,300.00 Moody's Investment Services 10,000.00 Commerce Clearing House 10,000.00 Minutes of City Council N-3 Page 406 IM&C P-3859 cont. M&C P-3859 adopted M&C P-3860 re purchase of a Detroit engine M&C P-3861 re purchase of paint and reflective beads M&C P-3862 re purchase agreement with the Texas Legislative Servici M&C P-3863 re purchase of a heat- ing/air condition- ing unit M&C L-9974 re acquisition of permanent easement M&C L-9975 re acquisition of permanent easement I " Tuesday, December 5, 1989 Congressional Information Service 47,000.00 Ambrose Video Publishing 6,500.00 American National Standards 9,000.00 Books on Tape 10,000.00 Chadwyck-Healey (Murls) 10,000.00 University Publications of America 7,000.00 Prentice -Hall Information Service 5,500.00 TOTAL $374,800.00 FINANCING: Sufficient funds are available in the Library Department General Fund 01, Account No. 84-20-01, Support Services. Expenditures will be made from Index Code 321034. It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. P-3859, be adopted. There was presented Mayor and Council Communication No. P-3860 from the City Manager stating that a 1982 Duplex FIRST LINE fire unit truck stationed at Fire Station No. 33 was placed out of service due to a defective engine; that the need to expedite the purchase of an engine for this unit was crucial as the station was running a reserve piece of equipment, not the equipment that is needed in this area of Fort Worth; that, due to the critical nature of this equipment, staff requested an Assistant City Manager declare this an EMERGENCY and WAIVE competitive bidding; that purchases will be charged to Equipment Services Operating Fund 61, Inventory Subsidiary Account No. 141-000270; and recommending that the City Council confirm the emergency purchase of a Detroit engine from Industrial Power and Transmission, Inc., for the City Services Department for an amount not to exceed $7,950.00 net, f.o.b. Fort Worth. On motion of Council Member Garrison, seconded by Council Member Murrin, the recommendation was adopted. There was presented Mayor and Council Communication No. P-3861 from the City Manager stating that the Federal Aviation Administration made an inspection of Meacham Airport on September 28, 1989, and determined that the runways markings had deteriorated; that the FAA set a deadline of October 13, 1989, to be in compliance or lose certification on the runways; that this deadline would not allow time for the normal purchasing procedure of advertisement for bids and Council approval; that the Aviation Department contacted the Purchasing Division on October 13, 1989, for an emergency purchase order; that the Department of Law was notified on the emergency purchase October 17, 1989; stating that funds are available in Airports Fund 40, Account No. 55-20-01, Index Code 330811; and recommending that the City Council confirm the emergency purchase of paint and reflective beads for the Aviation Department from Lectric Lites on the price of $17,700.00 net, f.o.b. Fort Worth, Texas. On motion of Council Member Chappell, seconded by Council Member Murrin,'the recommendation was adopted. There was presented Mayor and Council Communication No. P-3862 from the City Manager submitting a proposal for a purchase agreement with the Texas Legislative Service, and stating that the Office of Management Services, Intergovernmental Affairs Sections, will use this purchase agreement to monitor state legislative and regulatory activities throughout the year; that TLS provides copies of bills filed and also provides access to its computer database concerning legislative matters; that funds area available in General Fund 01, Account No. 03-40-01, Account No. 03-40-01, Index Code 206441; and recommending that the City Council authorize a one-year purchase agreement, effective December 1, 1989, through November 30, 1990, with option to renew for one year, with the Texas Legislative Service on a sole source basis, for an amount not to exceed $388.25 per month, in addition, services for special sessions will be billed separately, following each session, at an agreed cost of $850.00 per 30 -day session, billed on a pro rata basis on actual days used, for a total amount of contract not to exceed $6,359.00. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. P-3863 from the City Manager stating that the air conditioning unit at Wedgwood Branch Library failed on August 30, 1989, requiring the purchase of a new unit; that expeditious handling of this request was required due to the closing of the facility until repairs were made; stating that funds are available in Library Department General Fund 01, Account No. 84-30-01, Index Code 322446; and recommending that the City Council confirm the emergency purchase of a heating/air conditioning unit for the Transportation and Public Works Department with Carrier Bock for an amount not to exceed $5,633.00. On motion of Mayor Pro tempore Gilley, seconded by Council Member Garrison, the recommendation was adopted. There was presented Mayor and Council Communication No. L-9974 from the City Manager recommending that the City pay a consideration of $1.00 for a permanent easement in Lot 1, Block 2, Painted Oak Addition; located at 1720 Provine; owned by David Straiton and Patricia Straiton; and required for installation of mid -block streetlighting. It was the consensus of the City Council that the easement be acquired as recommended and that the expenditure be charged to Index Code 282483. There was presented Mayor and Council Communication No. L-9975 from the City Manager, as follows: Minutes of City Council N-3 Page 407 SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS M&C L-9975 cont. ( 2 TRANSACTIONS) RECOMMENDATION: It is recommended that approval be given for the acquisition of the land and/or easements described below: 1. Project: Trinity Industrial Park Type of Acquisition: Permanent Sanitary Sewer Easement Description of Land: A rectangularly shaped strip of land, 90 feet in length and 20 feet in depth from the south line of Tract 2, J. W. Calloway Survey, Abstract 336, as recorded in Volume 9315, Page 2220, D.R.T.C.T., required for a permanent utility easement. Square Feet: 1,799.03 Zoning: "K" Heavy Industrial Description of Improvements: None in the taking Parcel No.: 4 Consideration: $1.00 Location: Northeast corner Trinity Blvd. and Highway 157 Owner: Amarillo National Bank Financing: Sufficient funds are available in Fund 08, Project No. 013086-00, Easement Acquisition Sewer. This expenditure will be made from Index Code 699785. Land Agent: Don Shoulders 2. Project: Western Center 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 28.12 feet in depth and 137 feet in length out of the north end of Tract 1, A. Smith Survey, Abstract 1419 as described in Volume 8717, Page 1825, Deed Records, Tarrant County, Texas. This strip of land contains .74 AC 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. - .74 AC T.C.E. - 2,065 square feet Zoning: "G" Commercial Parcel No.: 1 Consideration: $1.00 Location: Highway 35 and Western Center Blvd. Owner: Remington Savings Association 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-9975 adopted! It was the consensus of the City Council that the recommendations, as contained in �, Mayor and Council Communication No. L-9975, be adopted. M&C L-9976 re IThere was presented Mayor and Council Communication No. L-9976 from the City acquisition of Manager recommending that the City pay a total consideration of $275.00 for a strip of land and a tempor- land ten feet in depth located parallel and adjacent to the east line of Lot C, Wilkes ary construction ! Subdivision as recorded in Volume 6479, Page 302, D.R.T.C.T.; and a temporary easement construction easement ten feet in depth adjacent to the west line of the above-described right-of-way; and a strip of land four feet in depth parallel and adjacent to the east line of the south half of Lot 21, Block 3, Homeacres Addition, as recorded in Volume 8990, Page 2267, D.R.T.C.T. and a temporary construction easement Minutes of City Council N-3 Page 408 409 Tuesday, December 5, 1989 ten feet in depth adjacent to the west line of the above-described right-of-way; &C L-9976 cont. located at 4424 and 4318 Village Creek Road; owned by Isaias and Alice Garcia; and required for Village Creek Road Improvement from Wilbarger to Richardson. It was the consensus of the City Council that the land and easements be acquired as recommended and that the expenditure be charged to Street Improvements Fund 67, Project No. 040115-00, Index Code 699884. M&C L-9977 re There was presented Mayor and Council Communication No. L-9977 from the City acquisition of 1 an Manager recommending that the City pay a total consideration of $13,000.00 for a strip and temporary con- of land adjacent to the north property line of Tract 1D, David Cook Survey, struction easement Abstract 345, as described in Volume 2542, Page 90, and Volume 2555, Page 567, Deed Records, Tarrant County, Texas; same being zero feet on the west side to 33.50 feet in depth on the east side; and a temporary construction easement 15 feet in depth adjacent to the south line of the above-described right-of-way; located at 1960 Western Center Boulevard; owned by Robert E. Parham, Estate and Laxine Parham; and required for Western Center Boulevard, Phase I, Tandy Off -Site Storm Drain. It was the consensus of the City Council that the land and easement be acquired as recommended and that the expenditure be charged to New Development Fund 90, Project No. 136046-00, Index Code 699900. M&C L-9978 re There was presented Mayor and Council Communication No. L-9978 from the City bond fund transfer Manager, as follows: permanent utility and temporary con- SUBJECT: ACQUISITION OF PERMANENT UTILITY AND TEMPORARY structi on easements CONSTRUCTION EASEMENTS/I-20 UTILITY RELOCATION PROJECT RECOMMENDATION: It is recommended that the City Council: (1) Authorize a bond fund transfer in the amount of $275,112 from Water Capital Improvement Fund 09, Project No. 015901-00, Unspecified to Water Capital Improvement Fund 09, Project No. 019003-00, Water Main Adjustments, I-20; (2) Authorize a bond fund transfer in the amount of $24,888 from Sewer Capital Projects Fund 54, Project No. 014901-00, Unspecified to Sewer Capital Projects Fund 54, Project No. 019001-00, Sewer Main Adjustments, I-20; (3) Approval be given for the acquisition of the property described below: 1. Name of Project I-20 Water and Sewer Main Adjustments 2. Type of Acquisition Permanent Utility and Temporary Construction Easements 3. Description of Land Permanent Utility Easement #1 - An irregularly shaped strip of land out of Block A, Westcliff Addition, 30 feet in width and containing approximately 25,329 square feet as required for a permanent utility easement. Permanent Utility Easement #2 - A 15 foot strip of land out of Block A, Westcliff Addition, as recorded in Volume 8787, Page 2233, Deed Records, Tarrant County, Texas. This strip is adjacent to a portion of the northwest property line of Block A and contains approximately 7110 square feet as required for a permanent utility easement. Temporary Construction Easement - Two additional strips of land adjacent to both sides of the above described permanent easement, containing 16,850 square feet as required for a temporary construction easement. Square Feet: Perm. #1 - 25,329.68 sq. ft. Perm. #2 - 7,110.81 sq. ft. T.C.E. - 16,850 sq. ft. Zoning: "E" Commercial Description of Improvements: None in the taking Parcel No.: 5 4. Consideration Payment for Easements - $300,000 Total Consideration - 300,000 Minutes of City Council N-3 Page 409 410 Tuesday, December 5, 1989 &C L-9978 cont. Supplemental Information On September 5, 1989 (M&C L-9898), the City Council approved this property for condemnation; however, prior to a hearing before the Special Commission, this negotiated settlement was reached. 5. Location I-20 @ Old Granbury Rd. 6. Owner Southcliff Shopping Center Associates 7. Financing Sufficient funds are available to transfer from Water Capital Improvement Fund 09, Project No. 015901-00, Unspecified. Upon approval and completion of Recommendation No. 1 in the amount of $275,112, sufficient funds will be available in Water Capital Improvement Fund 09, Project No. 019003-00, Water Main Adjustments, I-20. Expenditure will be made from Index Code 699793. Sufficient funds are available to transfer from Sewer Capital Improvement Fund 54, Project No. 014901-00, Unspecified Major Mains. Upon approval and completion of Recommendation No. 2 in the amount of $24,888, sufficient funds will be available in Sewer Capital Improvement Fund 54, Project No. 019001-00, Sewer Main Adjustments, I-20. Expenditure will be made from Index Code 699710. 8. Land Agent Brad Penn &C L-9978 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. L-9978, be adopted. &C L-9979 re There was presented Mayor and Council Communication No. L-9979 from the City xecution of Letter Manager stating that a Pipeline License between the City and M.K.T. Railroad was f Agreement with approved on February 13, 1979, by Mayor and Council Communication No. L-6605 for a term pion Pacific Rail_of ten years; that, subsequent to that expiration, Union Pacific (formerly M.K.T.) now oa d requests a onetime payment of $750.00 and execution of a Letter Agreement to renew for an indefinite term the original license; that funds are available in Sewer Capital Improvement Fund 08, Project No. 013086-00, Index Code 699785; and recommending that the City Manager be authorized to execute a Letter Agreement with Union Pacific Railroad and that Union Pacific be paid a total consideration of $750.00. It was the consensus of the City Council that the recommendations be adopted. &C L-9980 re There was presented Mayor and Council Communication No. L-9980 from the City cquisition of Manager recommending that the City pay a total consideration of $1,138.00 for Lot 31, ig h t -of -way Block 1, Graves and McDaniel Subdivision of Block 8, Evans South Addition, as recorded in Volume 7165, Page 2229, Deed Records, Tarrant County, Texas; located at 914 East Oleander Street; owned by Harry L. Cure, Trustee in Bankruptcy; and required for reconstruction of Oleander Street from Evans Avenue to Mansfield. It was the consensus of the City Council that the land be acquired as recommended and that the expenditure be charged to Street Improvements Fund 67, Project No. 040130-00, Index Code 699884. M&C L-9981 re There was presented Mayor and Council Communication No. L-9981 from the City cancellation of lease with JBS Manager stating that Council approved leasing of 21 parking spaces in the Fire and Enterprises, Inc. Police Training Center lot on April 19, 1988, by Mayor and Council Communication No. L-9439 to JBS Enterprises, Inc., (J&J Blues Bar) on Friday and Saturday nights after 9:00 p.m.; that the lease was for one year to be renewed by Lessee with 90 -days written notice; that JBS Enterprises, Inc., has breached the lease by failing to make a monthly lease payment for seven months, failing to file certification of insurance coverage with the City since May 1989, failure to provide written notice to the City of intent to renew the lease, and failure to cure the breaches within 30 days after notices was given; and recommending that the lease between the City of Fort Worth and JBS Enterprises, Inc., for 21 parking parking spaces at the Fire and Police Training Center be cancelled effective today. On motion of Council Member Garrison, seconded by Council Member Chappell, the recommendation was adopted. &C L-9982 re There was presented Mayor and Council Communication No. L-9982 from the City minent domain Manager recommending that the City Attorney be authorized to institute eminent domain roceedings to proceedings to acquire a permanent drainage easement out of Lot G, James E. Petty's cquire a permanen Subdivision, as described in Volume 388-E, Page 13, Plat Records, Tarrant County, rainage easement Texas; same land varies from 16 to 21 feet in depth and is 60 feet in length along the nd temporary con- rear of Lot G, and a temporary construction easement 15 feet in depth adjacent to the truction easement above-described land; located at 5158 Norma Street; owned by Harold Hall etux Linda; and required for Forty Oaks Storm Drain Relief and Detention Basin No. 2 and No. 3. On Minutes of City Council N-3 Page 410 411 Tuesday, December 5, 1989 M&C L-9982 cont. and adopted motion of Council Member Chappell, seconded by Mayor Pro tempore Gilley, -the lease with recommendation was adopted. M&C L-9983 re There was presented Mayor and Council Communication No. L-9983 from the City cancellation of Manager stating that Mr. Kenneth Humphreys bid for the demolition of City -owned the contract with property on Lake Worth Leases was received in the Purchasing Department on August 24, Kenneth Humphreys 1989; that it was revealed that Mr. Humphreys' bid was lowest when the bids were opened; that Mr. Humphreys' bid was in the amount of $5,450.00 and the second lowest bid was Critical Response, Inc., of Arlington; that each bid stipulated that whoever was awarded the contract would have 60 calendar days to perform the work; that the low bid was approved by Council on September 19, 1989, by Mayor and Council Communication No. L-9912; that Mr. Humphreys submitted a performance bond in the amount of $500.00 dated August 28, 1989; that Mr. Humphreys has not performed the work and, upon checking with the bank upon which bond was drafted, it was discovered that Mr. Humphreys no M&C C-12006 re longer had an active account; and recommending that Council approve the cancellation of bond fund transfer reconstruction of the contract with Kenneth Humphreys for the demolition of City -owned property located Baurline Avenue on Lake Worth leases; approve removal of Mr. Humphreys from the Vendor List permanently; and award the contract to the next lowest bidder, Critical Response, Inc., of Arlington on bid of $7,199.00. It was the consensus of the City Council that the recommendations be adopted. M&C L-9984 re cancellation of th There was presented Mayor and Council Communication No. L-9984 from the City lease with Manager stating that Floyd Rogers et ux Mary L. Rogers entered into a lease agreement Debra Kay Hambry Debra with the City covering Lot 25, Block 27, Lake Worth Lease Survey on March 3, 1982; that Administration of the lease was assigned to Debra Kay Hamby on September 2, 1988; that Ms. Hamby is the U.S. Dep ar tmen currently 15 months in arrears with her lease rental account for a total of $851.12 of Justice plus $60.09 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 Lessee is in arrears in the lease account; and recommending that City Council authorize cancellation of the 50 -year lease with Debra Kay Hamby covering Lot 25, Block 27, Lake Worth Lease Survey and authorize clearing of the lease site at least possible expense to the City if Ms. Hamby fails to remove the improvements from the premises within 90 days. It was the consensus of the City Council that the recommendations be adopted. M&C C-12006 re There was presented Mayor and Council Communication No. C-12006 from the City bond fund transfer reconstruction of Manager stating that the Transportation and Public Works Department selected McDonald Baurline Avenue and Associates to design the reconstruction of Baurline Avenue (1st Street to Lawnwood), Lomo Street (Evans to New York), and South Retta Street (Fisher to Ennis); that it is necessary to replace the existing water main and analyze the condition of the existing sanitary sewer under the proposed street reconstruction; that, in order to advertise the water and sewer replacement with the street reconstruction project, McDonald and Associates will provide plans and specifications for Water and/or Sewer Replacements in Baurline Avenue (1st Street to Lawnwood), Lomo Street (Evans to New York), and South Retta Street (Fisher to Ennis); that the proposed cost is less than $25,000.00 minimum for MBE/WBE participation; and recommending that the City Council authorize a bond fund transfer in the amount of $15,000.00 from Special Assessment Fund 94, Project No. 009905-00, Special Assessments Unspecified to Street Improvements Fund 67, Project No. 019015-00, Water Replacement Baurline, Lomo, and South Retta; authorize a fund transfer in the amount of $7,000.00 from Water and Sewer Operating Fund 45, Account No. 70-90-20 to Sewer Capital Improvement Fund 58, Project No. 022015-00, Sewer Replacement Baurline, Lomo, and South Retta; and authorize the City Manager to execute an engineering agreement with McDonald and Associates for plans and specifications for the Water and/or Sanitary Sewer Replacements in Baurline Avenue, Lomo Street, South Retta Street for a total fee not to exceed $21,000.00. It was the consensus of the City Council that the recommendations be adopted. M&C C-12007 re There was presented Mayor and Council Communication No. C-12007 from the City agreement with Manager stating that the City of Fort Worth joined with the Drug Enforcement Drug Enforcement Administration of the United States Department of Justice and six other Tarrant County Administration of jurisdictions in early 1985 for prosecuting drug offenders in both the United States the U.S. Dep ar tmen Courts and the State of Texas District Courts; that this drug enforcement program since of Justice has expanded to include operations at Dallas/Fort Worth Airport; that the new agreement will cover both the Tarrant County and Dallas/Fort Worth Airport Task Force for the period of October 1, 1989, to September 30, 1990; that the City will provide seven police officers to the Task Force during the 1989-90 fiscal year; that the DEA will provide for overtime reimbursement up to $6,565.25 for each officer; that the City also has two clerical personnel assigned to the Task Force and DEA will reimburse their salaries and fringe benefits in an amount not to exceed $40,515.00, the total budgeted cost for these two employees; that funds will be available in General Fund 01, Account No. 35-44-00, Index Codes 280388, 280321, 280339, 280453, and 280479; and recommending that the City Manager be authorized to execute an agreement with the Drug Enforcement Administration of the U.S. Department of Justice for the continuation of the DEA/Fort Worth Multi -Agency Task Force, with an effective date of October 1, 1989, to September 30, 1990. It was the consensus of the City Council that the recommendation be adopted. Withdrawn It was the consensus of the City Council that Mayor and Council Communication No. C-12008, Contract with Beltex Corporation for the installation of Community Facilities - Fostepco Heights Addition, Lot C, Block 19, be withdrawn from the agenda. M&C C-12009 re There was presented Mayor and Council Communication No. C-12009 from the City contract with Fort Manager stating that the City Council approved Ordinance No. 10193 on October 25, 1988, Worth Independent as an amendment to the cable television franchise; that the City of Fort Worth began School District Minutes of City Council N-3 Page 411 412 Tuesday, December 5, 1989 programming two channels with three additional channels set aside for other local M&C C-12009 cont. programming; that one channel is utilized by Tarrant County Junior College and, in May 1989, the City Council authorized the Tarrant Area Community of Churches to assume the role of facilitator for religious programming; that members of the Citizens' Cable Board have been working with the school district to devise the best plan to facilitate educational programming; stating that funds are available in Special Trust Fund 72, Project No. 500100-00, Index Code 672212; and recommending that the City Manager be authorized to execute a three-year contract with the Fort Worth Independent School District for services and consideration, as follows: 1. An amount not to exceed $10,000 per year for preparing, cataloguing, delivering, picking up and scheduling all videotapes and handling all aspects of the programming for the Cable Channel 50; 2. A one-time payment of $10,000 for the purpose of upgrading its teleproduction facility or purchase equipment; and 3. An increase in the annual contract amount of 20 percent of revenue received by the City for each 10 percent increase in the number of cable television subscribers above the current subscriber base of 50,000 should an increase occur. M&C C-12009 adopted Council Member Chappell requested that he be allowed to abstain from voting �l on Mayor and Council Communication No. C-12009. On motion of Mayor Pro tempore Gilley, seconded by Council Member Webber, the request of Council Member Chappell to abstain from voting on Mayor and Council Communication No. C-12009 was adopted. Mayor Pro tempore Gilley made a motion, seconded by Council Member Garrison, that the recommendation, as contained in Mayor and Council Communication No. C-12009, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C C-12010 re There was presented Mayor and Council Communication No. C-12010 from the City contract with Hill'. Manager, as follows: wood Development Corporation SUBJECT: CONTRACT WITH HILLWOOD DEVELOPMENT CORPORATION FOR THE INSTALLATION OF COMMUNITY FACILITIES - PARK GLEN ADDITION PHASE IV RECOMMENDATION: It is recommended that: 1. The following bond fund transfer be approved: FROM TO AMOUNT REASON 83-014008-00 83-015011-00 $20,000 To provide funds Fort Worth Park Glen for City's cost Alliance Addition of water main Airport Phase IV construction. 56-013901-00 56-013016-00 $ 500 To provide funds Unspecified Park Glen for City's cost Addition of sewer main Phase IV construction. 90-037901-00 90-136123-00 $87,698 To provide funds Development Park Glen for City's cost Adjacent to Addition of street and City Parks Phase IV storm drain con- struction. 90-095701-00 90-136123-00 $ 5,262 To provide funds City's Share Park Glen for City's cost of Design Addition of design engi- Engineering Phase IV neering fee. in New Development 2. The City Manager be authorized to reimburse the developer for the City's share of cost for water, sanitary sewer, storm drain and street improvements upon satisfactory completion of the same; and 3. The City Manager be authorized to execute the Community Facilities Agreement with the developer, Hillwood Development Corporation. Minutes of City Council N-3 Page 412 M&C C-12010 cont Tuesday, December 5, 1989 r,Tcruccrnni. Hillwood Development Corporation, acting by and through Larry J. Cain, its duly authorized President, the developer of Park Glen Addition Phase IV, has executed a proposed contract of community facilities to serve the area shown on the attached maps. The estimated cost of the community facilities is as follows and subject to actual bid price: PROJECT COST DEVELOPER CITY TOTAL Water $ 224,740 $ 19,400 $ 244,140 Sanitary Sewers 198,450 250 198,700 Street Improvements Construction 758,945 64,130 823,075 Design Engineering -0- 3,848 3,848 Engineering and 15,179 42,436 57,615 Administration Storm Drains Construction 321,535 23,568 345,103 Design Engineering -0- 1,414 1,414 Engineering and 6,431 17,726 24,157 Administration 013016-00 Park Glen Addition $ 500 Street Lights 83,600 -0- 83,600 Street Name Signs 1,280 -0- 1,280 Total $1,6103160 $172,772 $1,782,932 Water facilities, sanitary sewers, street paving with curb and gutter, storm drainage, street lighting, and street name signs will be installed in accordance with standard policies for the installation of community facilities. The contract includes City participation in the cost of water, sewer, streets, and storm drains. PROJECT FINANCING: Sufficient funds are available in funds and project numbers as follows for transfers: FUND Water Fund 83 Sewer Fund 56 PROJECT NO. PROJECT NAME AMOUNT 014008-00 Fort Worth Alliance $20,000 Airport 013901-00 Unspecified $ 500 New Development Fund 90 037901-00 New Development Fund 90 095701-00 Development adjacent $87,698 to City Parks City's share of $ 5,262 Design Engineering in New Development Upon approval and completion of Recommendation No. 1, sufficient funds will be available as follows: FUND PROJECT NO. PROJECT NAME AMOUNT Water Fund 83 015011-00 Park Glen Addition $20,000 Phase IV Sewer Fund 56 013016-00 Park Glen Addition $ 500 Phase IV New Development Fund 90 136123-00 Park Glen Addition $92,960 Phase IV Expenditures will be made from Index Code 683367, 656454, 621458, 621375 and 621227. Sufficient funds are available in New Development Fund 90, Project No. 095106-00, Engineering Salaries, to finance engineering and administrative costs. SPECIAL CONDITIONS: Standard policy states that Performance and Payment Bond, Letters of Credit, Certificates of Deposit, or cash deposits shall be furnished for the purpose of guaranteeing the performance and Minutes of City Council N-3 Page 413 413 414 Tuesday, December 5, 1989 payment of the work. The developer has requested that in lieu of M&C C-12010 cont. standard policy requirements, it be allowed to pledge Securities in the form of Municipal Bonds rated "AAA" and has submitted a Pledge Agreement which has been reviewed and approved by the Department of Law. 11 PLAN COMMISSION APPROVAL: On May 24, 1989, the City Plan Commission approved the preliminary plat (P -89-17R) Park Glen Addition, Phase IV, formerly Park Glen Addition, Phase IV (P-88-18) and formerly part of Hillwood Addition (P-85-30). Final plats (F-89-14 Park Glen Addition Phase IV, Section I and F-89-15, Park Glen Addition, Phase IV, Section II) has been submitted to City staff for review. M&C C-12010 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12010, be adopted. Withdrawn It was the consensus of the City Council that Mayor and Council Communication No. C-12011, Contract with Centre Development Company, Inc., for the installation of Community Facilities - Ridglea Plaza Shopping Centre, be withdrawn from the agenda. M&C C-12012 re There was presented Mayor and Council Communication No. C-12012 from the City Increase contract Manager stating that a contract in an amount not to exceed $171,950.00 was awarded to with J.B. Davies, J.B. Davies, Inc., Engineering and Surveyors, on January 3, 1989, by Mayor and Council Inc. Communication No. C-11395, to provide survey services for Phase II - Construction of Fort Worth Alliance Airport; that this professional services contract was assigned City Secretary Contract No. 16919; that, since the initiation of the contract, the scope of the survey work has increased substantially as the construction contract has been amended to include extending the runway and adjacent taxiways an additional 1,400 feet; that City Council soon will consider the award of contract to construct a perimeter road encircling the airport runway and taxiways; that J.B. Davies, Inc., will be required to furnish all manpower, material, and equipment required for field staking of control points and excavation, embankment construction, pipe installation, concrete construction, and other survey services as required to complete the project; that J.B. Davies, Inc., proposes to provide these services for an additional fee not to exceed $65,800.00; stating that funds are available in Grant Fund 76, Project No. 218601-04, Index Code 502633; and recommending that the City Manager be authorized to increase City Secretary Contract No. 16919 with J.B. Davies, Inc., Engineering and Surveyors, by $65,800.00 to a total amount of $237,750.00 to provide survey services for Phase II - Construction of Fort Worth Alliance Airport. It was the consensus of the City Council that the recommendation be adopted. M&C C-12013 re There was presented Mayor and Council Communication No. C-12013 from the City proposed change Manager, as follows: order Nos. 3 and 4 to VCWWTP SUBJECT: PROPOSED CHANGE ORDER NOS. 3 AND 4 TO VCWWTP, SLUDGE MANAGEMENT PROJECT, PHASE 1-B-2, DIGESTERS AND THICKENERS RECOMMENDATION: It is recommended that the City Council: 1. Authorize a transfer of funds in the amount of $60,499 from Sewer Capital Projects (Bond) Fund 82, Project No. 016901-00, Unspecified Village Creek to Grant Fund 76, Project No. 214698-00, Village Creek Sludge Management Project, Phase 1-B-2, Digesters and Thickeners; 2. Authorize Change Order No. 3 for a time extension of 27 calendar days revising the time of completion to 567 calendar days; and 3. Authorize Change Order No. 4 in the amount of $60,499 to the contract for construction of the Village Creek Wastewater Treatment Plant Sludge Management Project, Phase 1-B-2, Digesters and Thickeners revising the total contract cost to $14,889,434.81. BACKGROUND: On November 22, 1988 (M&C C-11320), the City Council authorized the award of a contract to Martin K. Eby, Inc., for construction of the Village Creek Wastewater Treatment Plant Sludge Management Project, Phase 1-B-2, Digesters and Thickeners. PROJECT NO.: 54-016001-00 (76-214698-00) PROPOSED CHANGE ORDER NO. 3: Change Order No. 3 was initiated for time extension only due to excessively heavy rains and flooding at the plant in May and June, 1989. Minutes of City Council N-3 Page 414 415 Tuesday, December 5, 1989 &C C-12013 cont. 11 PROPOSED CHANGE ORDER NO. 4: During construction certain changes and/or modifications were determined to be necessary to comply with actual field conditions. These items are listed below: 1. Lower Existing 4 -Inch cast iron pipe to install 5 -feet by 2 -feet box cul- vert @ Lump Sum $ 7,314.00 2. Replace 4,050 feet of 36 pair cable with 24 pair cable and 1,000 feet of 24 pair cable with 36 pair cable @ Lump Sum 29,457.00 3. Relocate variable speed controller for pumps to remote site @ Lump Sum 23,728.00 Total Change Order $60,499.00 The contractor, Martin K. Eby, Inc., will perform this additional work for $60,499 and 27 additional calendar days. The net effect of the proposed change orders is as follows: Original Contract Cost $15,250,000.00 Extras to Date 9,999.00 Credits to Date (431,063.19) Proposed Change Order No. 3 -0- Proposed Change Order No. 4 60,499.00 Revised Contract Cost X14,889,434.81 The Construction Manager, Brown and Caldwell/Freese and Nichols, and the staff engineers of the Water Department have reviewed the proposed charges and found them reasonable for similar work. FINANCING: Sufficient funds are available to transfer from Sewer Capital Project (Bond) Fund 82, Project No. 016901-00, Unspecified Village Creek. Upon approval and completion of Recommendation No. 1 in the amount of $60,499.00, sufficient funds will be available in Grant Fund 76, Project No. 214698-05, Village Creek Sludge Management Project, Phase 1-B-2, Digesters and Thickeners, Construction - Ineligible. Expenditures will be made from Index Code 511642. M&C C-12013 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12013, be adopted. M&C C-12014 re There was presented Mayor and Council Communication No. C-12014 from the City approved change Manager, as follows: order No. 4 AlliancIle Airport SUBJECT: CHANGE ORDER NO. 4 ALLIANCE AIRPORT (HERITAGE PARKWAY AND ALLIANCE BOULEVARD) RECOMMENDATION: It is recommended that the City Council approve Change Order No. 4 in the amount of $39,378.70 and five (5) additional calendar days, and authorize the City Manager to increase City Secretary Contract No. 17090 with APAC-Texas, Inc. to $3,090,995.84 and 255 calendar days to construct Heritage Parkway and Alliance Boulevard at Alliance Airport. RACKGROtIND : On May 9, 1989 (M&C C-11630), the City Council awarded a contract in the amount of $2,815,881.49 to APAC-Texas, Inc. to construct Heritage Parkway and Alliance Boulevard at Alliance Airport. This contract was assigned City Secretary Contract No. 17090 and was subsequently increased to $3,051,617.14 by approval of Change Order Nos. 1 through 3. PROPOSED CHANGE ORDER NO. 4: To forestall delaying the contractor in the construction of Heritage Parkway and Alliance Boulevard because utility companies cannot install their laterals before subgrade preparation, it is proposed that all necessary PVC conduit and gas casing for utility and irrigation use be installed by the street contractor. The contractor has agreed to install all additional conduit at contract bid prices, except for the required 16" gas casing, which is a new item. The total cost for this additional work amounts to $39,378.70, which the Perot Group has agreed to fund. Engineering Minutes of City Council N-3 Page 415 416 Tuesday, December 5, 1989 staff has reviewed this proposed change and concurs in the M&C C-12014 cont. desirability of doing this work before the subgrade preparation. PROJECT COST: Original Contract Cost: $2,815,881.49 Approved Change Orders No. 1 through 3: 235,735.65 Proposed Change Order No. 4: 39,378.70 Proposed Contract Cost: $3,090,995.84 The cumulative effect of Change Orders 1 through 4 is to increase the contract price by 9.77 percent. FINANCING: M&C C-12016 re There was presented Mayor and Council Communication No. C-12016 from the City contract with Manager submitting a tabulation of bids received for construction of the Ridglea Brown & Blakney, Country Club Golf Course Detention Pond; and recommending that the City Manager be Inc. authorized to execute a contract with the firm of Brown & Blakney, Inc., for construction of the Ridglea Country Club Golf Course Detention Pond based on its lowest responsive bid of $328,689.65 and that a bond fund transfer in the amount of $328,689.65 be authorized from 67-035901-00, Miscellaneous Streets and Drainage Unspecified, to 67-028855-00, Ridglea Country Club Golf Course Detention Pond, to provide funds for construction. It was the consensus of the City Council that the recommendations be adopted. M&C C-12017 re contract with Payment of the full cost of this Change Order, $39,378.70, has been Arthur Anderson received from the Perot Group and deposited in New Development and Company Fund 90, Project No. 136079-00, Northport Addition, to finance this change order. Expenditures will be made from Index Code 621458. M&C C-12014 adopte It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-12014, be adopted. M&C C-12015 re agreement with There was presented Mayor and Council Communication No. C-12015 from the City Ridglea Country Manager stating that flooding at West Vickery Boulevard/Bryant Irvin road has been a Club recurring problem for many years; that the City Council approved the employment of Teague, Nall and Perkins, Inc., on March 19, 1985, by Mayor and Council Communication No. C-8910 to conduct a drainage study of the West Vickery Boulevard/Bryant Irvin Road area; that the study confirmed the existence of a serious area -wide flooding problem and offered solutions, including construction of a storm water detention pond within the Ridglea Country Club Golf Course (North Course) to temporarily detain the water on the golf course and discharge it at a much slower rate into the downstream storm drain system; that, in consideration for permitting the City to perform this work on club property, the City has agreed to pay the club the sum of $14,775.00, which the club will use to resod and reseed grass and turf in areas damaged during construction and to replace a portion of the sprinkler system after construction is completed; the bid price for the construction of the detention price is $328,689.65; and recommending that the City Manager be authorized to execute an agreement with Ridglea Country Club, a nonprofit corporation, for the construction of a storm water detention pond on the Ridglea Country Club property and approve a bond fund transfer in the amount of $14,775.00 from 67-035901-00, Miscellaneous Streets and Drainage Unspecified, to 67-028855-00, Ridglea Country Club Golf Course Detention Pond, providing funding for landscape repair. It was the consensus of the City Council that the recommendations be adopted. M&C C-12016 re There was presented Mayor and Council Communication No. C-12016 from the City contract with Manager submitting a tabulation of bids received for construction of the Ridglea Brown & Blakney, Country Club Golf Course Detention Pond; and recommending that the City Manager be Inc. authorized to execute a contract with the firm of Brown & Blakney, Inc., for construction of the Ridglea Country Club Golf Course Detention Pond based on its lowest responsive bid of $328,689.65 and that a bond fund transfer in the amount of $328,689.65 be authorized from 67-035901-00, Miscellaneous Streets and Drainage Unspecified, to 67-028855-00, Ridglea Country Club Golf Course Detention Pond, to provide funds for construction. It was the consensus of the City Council that the recommendations be adopted. M&C C-12017 re contract with There was presented Mayor and Council Communication No. C-12017 from the City Arthur Anderson Manager stating that, at the City Council Court Committee meeting of November 21, 1989, and Company the Committee voted to recommend for Council approval a contract with the consulting firm of Arthur Andersen and Company for an operational and organizational review of selected aspects of the Municipal Court system; that Arthur Andersen and Company has agreed to perform the review for a fee not to exceed $34,000.00; that the areas for review include: the warrant process, the partial pay and plea bargaining systems, alternatives to fines or incarceration, and cooperation and communication between the judicial and administrative branches; that the recommendation to pursue the consultant study is the result of several months consideration and careful analysis of the areas where consulting expertise would prove most beneficial; that it is anticipated the consultant's review would lead to improved efficiency and working relationships in the Municipal Court, as well as enhanced revenue collections; stating that funds are available in General Fund 01, Account No. 90-55-00, Index Code 328088; and recommending that the City Manager be authorized to enter into a contract with Arthur Andersen and Company to perform an operational and organizational review of the Municipal Court system for a cost not to exceed $34,000.00. It was the consensus of the City Council that the recommendation be adopted. M&C C-12018 re There was presented Mayor and Council Communication No. C-12018 from the City contract with the Manager stating that the City's annual contract with the National Center for Municipal National Center Development expired September 30, 1989; that the services to be performed under the for Municipal De- proposed contract for the 1989-90 fiscal year are identical to those contained in the velopment previous agreement, and the contract amount is the same as the previous year; that the cost of the basic contract will be $85,000.00 payable in advance in four equal installments of $21,250.00 each on October 1, 1989, January 1, April 1, and July 1, 1990; that the total reimbursable costs will not exceed $3,000.00; stating that funds Minutes of City Council N-3 Page 416 417 M&C C-12018 cont. are available in General Fund 01, Account No. 90-45-00, Index Code 329409; 'and recommending that the City Manager execute a proposed contract with the National Center for Municipal Development in the amount of $85,000.00 for basic services and authorize up to $3,000.00 for approved reimbursable expenses, for a total of $88,000.00 to cover the contract period beginning October 1, 1989, through September 30, 1990. It was the consensus of the City Council that the recommendation be adopted. M&C C-12019 re There was presented Mayor and Council Communication No. C-12019 from the City approved change Manager, as follows: order No. 3 to supervisory control SUBJECT: PROPOSED CHANGE ORDER NO. 3 TO SUPERVISORY CONTROL AND and data acqui si - DATA ACQUISITION SYSTEM, CONTRACT I tion system RECOMMENDATION: It is recommended that the City Council authorize Change Order No. 3 in the amount of $37,216.40 to the contract for the manufacture and delivery of equipment for the Supervisory Control and Data Acquisition (SCADA) system,revising the total contract cost to $569,113.40, and adding 309 calendar days to the completion time. RACKGROUND On May 19, 1987 (M&C C-10300), the award of a contract to HSQ Technology of equipment for the Supervisory system. PROJECT NO.: 09-016003-00 PROPOSED CHANGE ORDER: City Council authorized the for manufacture and delivery Control and Data Acquisition During installation of the equipment, additional work was discovered to be necessary in order for the system to be functional. These items are described below. 1. 2 Trips to the jobsite by manufacture for training purposes @ $550.00/trip $ 1,100.00 2. 52.75 Days to transfer from old tele- metry system to new computer system @ $600.00/day $31,650.00 3. Repair remote terminal unit Radios @ Lump Sum $ 1,017.40 4. Repair remote terminal unit components @ Lump Sum $ 3,045.00 5. Repair remote terminal boards @ Lump Sum $ 280.00 6. Replace two (2) Lightning Arrestors @ Lump Sum $ 124.00 7. Add 309 calendar days to coincide with construction contract $ -0- Total Change Order $37,216.40 This change order includes an additional 309 calendar days for the purpose of coordinating with Contract No. 2 construction contractor, Mission Construction Contractor. The coordination is to include the computer installation, start-up and check-out and the remote site equipment installation. The delay in meeting this coordination requirement is at no fault to H.S.Q. Contract No. 2 has not been completed as of this date. The additional 309 calendar days is for the period from January 16, 1989 to November 21, 1989. The net effect of the proposed change order is as follows: Original Contract Cost $495,400.00 Extras to Date $ 36,497.00 Proposed Change Order No. 3 $ 37,216.40 Revised Contract Cost $569,113.40 The staff engineers of the Water Department have reviewed the proposed charges and found them reasonable for similar work. Portions of this change order will be reimbursed to the City by the construction contractor. The total amount to be reimbursed is $4,433.52. Minutes of City Council N-3 Page 417 418 FINANCING: M&C C-12019 cont. Sufficient funds are available in Water Capital Projects Fund 09, Project No. 016003-00, North Holly Control Center. Expenditures will be made from Index Code 653527. M&C C-12019 cont. It was the consensus of the City Council that the recommendation, as contained in Mayor and adopted and Council Communication No. C-12019, be adopted. M&C C-12020 re There was presented Mayor and Council Communication No. C-12020 from the City contract with Manager submitting a tabulation of bids received for the miscellaneous water main Architectural extensions are various locations; and recommending that the City Manager be authorized Utilities, Inc. to execute a construction contract with Architectural Utilities, Inc., for miscellaneous water main extensions at various locations on low bid of $441,485.00, and authorize a bond fund transfer in the amount of $485,500.00 from Water Capital Projects Fund 57, Project No. 015901-00, Unspecified to Water Capital Projects Fund 57, Project No. 015159-00, Miscellaneous Water Main Extensions. It was the consensus of the City Council that the recommendations be adopted. M&C C-12021 re There was presented Mayor and Council Communication No. C-12021 from the City contract with Manager, as follows: Garcia and Associa SUBJECT: ENGINEERING CONTRACT WITH GARCIA AND ASSOCIATES FOR tes DESIGN OF BESSIE STREET AND LUXTON STREET RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Approve the following bond fund transfer: FROM TO AMOUNT REASON 67-095901-00 67-040199-00 $40,000 To finance Engineering Bessie Street Engineering Unspecified and Luxton Design Ser - Street vices. 2. Authorize the City Manager to execute a contract with Garcia and Associates, 675 N. Henderson, Suite 400, Fort Worth, Texas 76102, for the design of Bessie and Luxton Streets on an hourly rate basis, with a not -to -exceed maximum fee of $40,000. DISCUSSION: The 1986-88 Capital Improvement Program included funds for the reconstruction of Bessie Street from Kentucky to E. Vickery and Luxton Street from E. Vickery to Hattie. In July, 1987, the Transportation and Public Works Department received an assessment paving petition signed by 57% of the property owners on Bessie Street from E. Vickery to Riverside Drive. It is proposed that this section of Bessie be financed with 1986-88 CIP Undesignated Street Reconstruction Funds earmarked for Council District No. 8. DESCRIPTION OF PROJECT: This project consists of study, design, and preparation of construction plans, specifications and contract documents for the reconstruction of Bessie Street from Kentucky to E. Vickery, Bessie from E. Vickery to Riverside, and Luxton from E. Vickery to Hattie. New pavement, curb and gutter, driveway approaches, and storm drainage inlets are planned. In addition, a storm drainage evaluation of the watershed intercepted by the Bessie and Luxton Street alignment will be conducted. The hourly rates and total fee have been reviewed by staff, and they compare favorably to those listed in the Manual for Professional Practices for General Engineering Services published by the Texas Society of Professional Engineers, 1982 Edition. Any authorized subcontract work will be charged at the actual cost of the work plus a ten percent (10%) service charge. Staff is proposing to utilize the firm of Garcia and Associates for necessary engineering design services. Garcia and Associates has proposed to perform the engineering, design, and plan preparation necessary for construction of Bessie and Luxton Streets for a fee based on hourly rates, with a maximum not -to -exceed fee of $40,000. The estimated probable cost of construction is $529,000. Minutes of City Council N-3 Page 418 419 Tuesday, December 5, 1989 Garcia and Associates is a Disadvantaged Business Enterprise (DBE) &C C-12021 cont. and satisfies the City's requirements for DBE participation. The consultant has agreed to the following schedule for completion of this project. Phase I - to include concept design, alternatives, studies, and reports to indicate solutions, right-of-way needs, cost estimates, and drainage evaluation; and the Engineer's recommendation will be delivered within fifty-five (55) calendar days after "Notice to Proceed" is issued by the City. Phase II - Preliminary construction plans and detailed right-of-way requirements for review by the City and utilities will be delivered within forty-five (45) calendar days after approval of Phase I. Phase III - Final construction plans and specifications will be submitted for final review within ten (10) calendar days after receipt of Phase II comments. Phase IV - Final construction plans and specifications will be submitted for advertising within ten (10) days after receipt of Phase III review comments. FINANCING: Sufficient funds are available for transfer in Street Improvements Fund 67, Project No. 095901-00, Engineering Unspecified. Upon approval and completion of Recommendation No. 1, sufficient funds will be available in Street Improvements Fund 67, Project No. 040199-00, Bessie Street and Luxton Street. Expenditures will be made from Index Code 630202. M&C C-12021 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12021, be adopted. M&C C-12022 re There was presented Mayor and Council Communication No. C-12022 from the City contract with Manager submitting a tabulation of bids received for a construction contract for Quail Pipe Corp. rehabilitation of Sanitary Sewer Main 127; and recommending that the City Manager be Riddle Architects, authorized to execute a construction contract with Quail Pipe Corporation for I rehabilitation of Sanitary Sewer Main 127 on its low bid of $24,992.00, and authorize a fund transfer in the amount of $28,000.00 from Water and Sewer Operating Fund 45, Account No. 70-90-20 to Sewer Capital Project Fund 58, Project No. 017090-00, M-127 Rehabilitation. It was the consensus of the City Council that the recommendations be adopted. M&C C-12023 re There was presented Mayor and Council Communication No. C-12023 from the City contract with Ned Manager stating that the Cities of Fort Worth and Dallas purchased the RAILTRAN K. burleson & Corridor (formerly known as the Chicago, Rock Island and Pacific line) with aid of an Associates Urban Mass Transportation Administration grant to preserve the Corridor for future mass transit commuter service as well as to assure continued freight service; that an Environmental Assessment of the Corridor needs to be undertaken at this time in order to proceed in a timely manner with plans for commuter rail; that RAILTRAN Policy Committee decided that the assessment work should address environmental issues in the entire Corridor; that the Committee directed the RAILTRAN staff to seek proposals for this work and to be sure that the firm recommended was capable of complying with the requirements of the Urban Mass Transportation Administration; that a three person evaluation team evaluated and scored the six proposals and as a result, this selection committee recommended the award of contract to the firm of Ned K. Burleson & Associates; that the 1989 and 1990 RAILTRAN budgets included $300,000 for this expenditure; stating that funds are available in Special Trust Fund 72, Project No. 514000-00, Index Code 405068; and recommending that the City Manager be authorized to execute a contract with Ned K. Burleson & Associates for the Environmental Assessment of the RAILTRAN Corridor for an amount not to exceed $293,560.00. It was the consensus of the City Council that the recommendation be adopted. M&C C-12024 re There was presented Mayor and Council Communication No. C-12024 from the City contract with Manager stating that the City Council approved the purchase of property previously used Schutts, Magee & as a post office on March 21, 1989, by Mayor and Council Communication No. L-9749 for Riddle Architects, use by the Police Department as a Sector Headquarters; that, at that time, the Council I was informed that the cost estimate for renovation of the facility was between $250,000.00 and $300,000.00; that the total budget has been refined to $268,500.00 to include design, construction, inspection, and advertising, etc.; that a screening committee selected three firms from a list of 37 architects indicating interest in designing City facilities; that the selection committee judged Schutts, Magee & Riddle, Architects, Inc., 5201 West Freeway, Fort Worth, Texas, to have the highest ranking of the firms interviewed; that negotiations with Schutts, Magee & Riddle resulted in a proposal to provide professional services for the project for a fee of $20,500.00; and recommending that the City Manager be authorized to execute a contract with Schutts, Magee & Riddle Architects, Inc., to provide professional services for design of the Sector Headquarters for the Police Department for a lump sum fee of $20,500.00 and approve the transfer of funds from Capital Projects Reserve Fund 10, Unspecified, Project No. 010001-00 to the Public Safety Improvement Fund 07, Project No. 011500-00, Minutes of City Council N-3 Page 419 420 Tuesday, December 5, 1989 M&C C-12024 cont. West Police Sector Building Renovation in the amount of $268,500.00. It was -the and adopted consensus of the City Council that the recommendation be adopted. M&C C-12025 re There was presented Mayor and Council Communication No. C-12025 from the City authorized communi Manager submitting a proposed contract for the installation of Community Facilities to ty facilities con- serve Park Glen Addition Phase II, Sections II and III; submitting proposed project tract with Hill- cost and project financing; and recommending that: wood Development Corporation 1. The following bond fund transfers be approved: FROM TO AMOUNT REASON 90-037901-00 90-136121-00 $ 22,771 To provide funds Development Park Glen Underground Storage for City's cost of adjacent to Addition property to the State of Texas for the I-30 project with the remainder of the property street and storm City Parks Ph. II, Sec. II drain construc- Unspecified and III 6.5 feet below the ground surface; that, to provide further information on the extent tion. of the problem, Council approved Mayor and Council Communication No. C-11789 90-037901-00 90-136121-00 $ 1,366 To provide funds Development Park Glen established by the Texas Water Commission; that the underground storage tank for City's cost of adjacent to Addition street and storm City Parks Ph. II, Sec. II drain construc- requested proposals from five firms knowledgeable in UST remediation; that Watkins Unspecified and III tion. 05-050012-00 05-041085-00 $ 2,316 To provide funds Developing Park Glen for City's cost of Areas Addition water and sewer Ph. II, Sec. II adjacent to park. and III 05-050012-00 05-041085-00 $120,000 To provide funds Developing Park Glen for City's cost of Areas Addition sidewalk construc- Ph. II, Sec. II tion associated and III with park. 83-014008-00 83-015062-00 $ 40,000 To provide funds Fort Worth Park Glen for City's cost of Alliance Addition water main con - Airport Ph. II, Sec. II struction. and III 80-013901-00 80-013025-00 $ 2,000 To provide funds Unspecified Park Glen for City's cost of Addition sewer main con - Ph. II, Sec. II struction. and III 2. The City Manager be authorized to reimburse the developer for the City's share of cost for water, sanitary sewer, storm drainage and street improvements upon satisfactory completion of the same; and Minutes of City Council N-3 Page 420 3. The City Manager be authorized to execute the Community Facilities Agreement with the developer, Hillwood Development Corporation. M&C C-12025 adopted It was the consensus of the City Council that the recommendations be adopted. M&C C-12026 re There was presented Mayor and Council Communication No. C-12026 from the City execution of Manager stating that the purchase of Lot 1-R, Block 25, Hyde Jennings Subdivision from Underground Storage Paul L. Bolinger was authorized on June 13, 1989, by Mayor and Council Communication Tank No. L-9826; that the City Council also authorized the sale of a portion of this property to the State of Texas for the I-30 project with the remainder of the property being sold to Dannon Company Incorporated; that, prior to the State of Texas purchasing the portion needed for the south exit ramp of the I-30 project, an environmental assessment was performed by Baker-Shiflitt, Inc., and the investigation revealed the property contained underground storage tanks and soil containing methanol at depths of 6.5 feet below the ground surface; that, to provide further information on the extent of the problem, Council approved Mayor and Council Communication No. C-11789 authorizing the City to contract with Southwestern Laboratories to perform a detailed environmental assessment at the site; that its investigation revealed the soil contained methanol and total petroleum hydrocarbons above the acceptable level as established by the Texas Water Commission; that the underground storage tank regulations adopted by the Texas Water Commission require the property owner to remediate UST's which are leaking or abandoned; that, based on the Southwestern Laboratory report, staff has worked for the past two months with the TWC to establish an acceptable remediation plan for removing the six UST's and associated soil; that, based on the TWC acceptance of the remediation plan and the compliance schedule, staff requested proposals from five firms knowledgeable in UST remediation; that Watkins Construction, Inc., provided the lowest cost proposal based on the information provided in the remediation plan and Southwestern Laboratory's report; that the Texas Water Commission has indicated that City could be eligible for reimbursement of costs above $10,000.00 and below $1,000,000.00; that the TWC currently is in the process of Minutes of City Council N-3 Page 420 421 Tuesday, December 5, 1989 M&C C-12026 cont. 11establishing regulations outlining the reimbursement criteria; that staff is recommending that any money received from the TWC remediation fund be placed into the Specially Funded Capital Project Fund for future tank remediation projects on City property; and recommending that the City Manager be authorized to execute an Underground Storage Tank remediation contract with Watkins Construction Company, Inc., for the removal of underground storage tanks and related soils located at 300 South Lake Street for a cost not to exceed $373,300.00, and approve the transfer of $373,300.00 from the Capital Projects Reserve Fund 10, Project No. 010001-00, Unspecified, to Specially Funded Capital Project Fund 35, No. 081003-00, Underground Storage Tank Remediation. On motion of Council Member Zapata, seconded by Mayor Pro tempore Gilley, the recommendations were adopted. M&C C-12027 re There was presented Mayor and Council Communication No. C-12027 from the City contract with Manager, as follows: Harrod Paving Com- SUBJECT: AWARD OF CONTRACT TO HARROD PAVING COMPANY FOR THE pany ASSESSMENT PAVING OF NORTHSIDE DRIVE FROM JACKSBORO HIGHWAY TO GRAND AVENUE RECOMMENDATION: It is recommended that the City Council: 1. approve the following bond fund transfers: FROM TO AMOUNT REASON 94-009905-00 67-023208-00 $ 25,992.11 To provide funds Special Northside for the property Assessments Drive owners' share of Unspecified the construction cost. 67-035901-00 67-023208-00 $150,087.89 To provide funds Miscellaneous Northside for the City's Streets and Drive share of street Drainage construction cost. Unspecified 2. authorize the City Manager to execute a contract with Harrod Paving Company in the amount of $176,080.00 based on their low bid for the reconstruction of Northside Drive; 3. declare the necessity for and order the improvements to Northside Drive; 4. authorize the assessment of a portion of the cost of the improvements against the owners of the abutting property; 5. approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate; 6. establish January 2, 1990, as the date of the benefit hearing; 7. authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Texas Civil Statutes; and 8. adopt an ordinance reflecting the City Council's authorization and approval of Items 2 through 7 above, and other applicable requirements of Article 1105b, Vernon's Texas Civil Statutes. nTgrIICCTnN- On July 12, 1988 (M&C G-7641), the City Council authorized the design of improvements to Northside Drive, Jacksboro Highway to Grand Avenue. Staff determined that this section of Northside Drive was in need of reconstruction and not suitable for maintenance practices. Necessary improvements to this pavement section, coupled with a recent resurfacing project, will provide the Northside Area with a substantially enhanced thoroughfare extending from Jacksboro Highway to Cold Springs Road. The reconstruction of Northside Drive from Cold Springs Road to I -35W is currently under design. This project is located in Council District No. 2. PROJECT DESCRIPTION: STREET LIMITS WIDTH/FEET ROW WIDTH/FEET Northside Drive Jacksboro Highway 2-36' Variable to Grand Avenue Minutes of City Council N-3 Page 421 422 &C C-12027 cont. M&C C-12027 adoptec Introduced an Ordinance Tuesday, December 5, 1989 PROJECT DESCRIPTION: Northside Drive, from Jacksboro Highway to Grand Avenue, is proposed to be improved by constructing an eight -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 double thirty-six foot wide with a seven foot wide median in a variable width right-of-way. Six-inch thick concrete driveway approaches will be constructed where shown on the plans. RECEIPT OF BIDS: Bids for the project were received on October 5, 1989, after being advertised on September 14 and 21, 1989, with 35 working days allotted to complete the project. BIDDER AMOUNT Harrod Paving Company $176,080.00 Centerline Constructors $201,423.80 S. Hakim Concrete Construction $210,593.60 Walt Williams Construction, Inc. $214,676.90 Thomco Construction, Inc. $221,135.10 J.L. Bertram Const. & Engr., Inc. $230,461.80 Austin Paving Company $238,140.40 The low bidder is in compliance with the City's DBE Policy. ENGINEER'S ESTIMATE OF COST FOR STREET IMPROVEMENTS: Based on standard City policy and the low bid prices, the following assessment rates have been established for Northside Drive. 8 inch thick reinforced concrete pavement $64.15/L.F. 7 inch high attached concrete curb $ 2.87/L.F. 6 inch thick concrete driveway approaches $ 2.68/S.F. The total cost for street improvements to Northside Drive is distributed as follows: Property Owners' share of cost $ 25,992.11 (14%) City's share of the cost $158,891.89 (86%) Total estimated cost $184,884.00 FINANCING: Sufficient funds are available as follows for transfer: FUND PROJECT NO. PROJECT NAME AMOUNT 67 035901-00 Miscellaneous Streets $150,087.89 and Drainage Unspecified 94 009905-00 Special Assessments $ 25,992.11 Unspecified Total 176,080.00 Upon approval and completion of Recommendation No. 1, sufficient funds will be available as follows: FUND PROJECT NO. PROJECT NAME AMOUNT 67 023208-00 Northside Drive $176,080.00 Total Expenditures will be made from Index Code 630335. $176,080.00 Sufficient funds are available in Street Improvements Fund 67, Project No. 095106-00, Engineering Salaries, to finance engineering inspection and administrative costs. On motion of Council Member Zapata, seconded by Mayor Pro tempore Gilley, the recommendations, as contained in Mayor and Council Communication No. C-12027, were adopted. Council Member Zapata introduced an ordinance and made a motion that it be adopted. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: Minutes of City Council N-3 Page 422 423 Tuesday, December 5, 1989 11 AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: Council Member Granger The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10456 10456 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF NORTHSIDE DRIVE FROM JACKSBORO HIGHWAY TO GRAND AVENUE, AS HEREINAFTER SET FORTH; APPROVING PROJECT PLANS AND SPECIFICATIONS; ORDERING AND APPROVING ESTIMATE OF COSTS; LETTING CONTRACT TO HARROD PAVING COMPANY IN THE AMOUNT OF $176,080.00, FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED; MAKING PROVISIONS FOR THE LEVY OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE COSTS OF SUCH IMPROVEMENTS; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET IMPROVEMENTS ARE AND SHALL BE IN ACCORDANCE WITH ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES; AND DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOKS OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY; AND PROVIDING AN EFFECTIVE DATE. Withdrew M&C C- 12028 It was the consensus of the City Council that Mayor and Council Communication No. C•12028, Casino Beach/Aqua Golf Lease, be withdrawn from the agenda. M&C C-12029 re There was presented Mayor and Council Communication No. C-12029 from the City contract with Manager stating that the Bureau of Engraving an Printing selected the City of Fort Thos S. Byrne, Inc Worth as the location for the Western Currency Production Facility on November 24, 1986; -that, under the terms of the Working Agreement between the City and the Bureau, the City provided the land and constructed the shell building for the new facility; that final payments were approved for both the Shell Building and Storm Drain on June 7, 1989; that, subsequently, it was discovered that the soil within the shell building did not comply with the specifications as set forth in the Working Agreement between the City and the Bureau, and water injection procedures were necessary to correct the deficiency; that Thos. S. Byrne, Inc., coordinated this remedial work; that, as a result of this work, the amount of reimbursements due Thos. S. Byrne, Inc., exceeds the previously approved reimbursable amount by $87,189.07; that it is proposed to amend the management contract to cover these additional expenditures; that approval of this amendment would increase the management contract to $1,617,699.07; that funds are available in Capital Projects Reserve Fund 10, Project No. 020001-00, U.S. Treasury Facility, to finance this amendment; and recommending that the City Manager be authorized to execute Amendment No. 5 to the contract with Thos. S. Byrne, Inc., for construction management services for the Western Currency Facility Shell Building, increasing the contract reimbursable amount by $87,189.07, for a total revised fee of $1,617,699.07, and that final payment in the amount of $60,847.16 be authorized to Thos. S. Byrne, Inc. On motion of Council Member Garrison, seconded by Mayor Pro tempore Gilley, the recommendations were adopted. M&C C-12030 re There was presented Mayor and Council Communication No. C-12030 from the City contract for Manager submitting a tabulation of bids received for a construction contract for reroofing Pecan reroofing of Pecan Valley and Rockwood Golf Pro -Shop; stating that funds are available Valley and Rock- in Golf Fund 39, Account No. 80-40-05, Index Code 317362; and recommending that the wood Golf Pro- contract for reroofing of Pecan Valley and Rockwood Golf Pro -Shop be authorized with Shop Freeman Roof and Construction Company of Azle for a sum of $37,210.00. On -motion of Council Member Zapata, seconded by Mayor Pro tempore Gilley, the recommendation was adopted. M&C C-12031 re. There was presented Mayor and Council Communication No. C-12031 from the City demolition of Manager submitting a tabulation of bids received for demolition of structures for City structures Services Department; stating that funds are available in City Services General Fund 01, Account No. 21-40-02, Index Code 224964; and recommending that the City Council confirm the structure located at 1414 Jones Street aka 1401 Calhoun Street to be dangerous to human health and a nuisance; authorize a contract for demolition of the structure for City Services Department on low bid per item basis with Joe Adams and Son, Inc., for a total amount not to exceed $43,441.00, f.o.b. Fort Worth, Texas; and authorize a lien to be filed against the property to cover the cost of demolition and administration. Minutes of City Council N-3 Page 423 424 Tuesday, December 5, 1989 M&C C-12031 cont. On motion of Council Member Zapata, seconded by Mayor Pro tempore Gilley, the and adopted recommendations were adopted. M&C FP -2636 re There was presented Mayor and Council Communication No. FP -2636 from the City Oak Grove Road Manager stating that Oak Grove Road Street Improvements from Mansel to Engblad have Street Improvements been completed in accordance with plans and specifications under Contract No. 16709 repair awarded to J.L. Bertram Construction & Engineering, Inc., on October 4, 1988; and recommending that the City Council accept as complete Oak Grove Road Street Improvements from Mansel to Engblad and authorize final payment in the amount of $36,411.73 to J.L. Bertram Construction & Engineering, Inc. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2637 re There was presented Mayor and Council Communication No. FP -2637 from the City complete sanitary Manager stating that Sanitary Sewer M-37 replacement has been completed in accordance sewer m-37 replace' with plans and specifications under Contract No. 17039 awarded to L.D. Conatser ment Contractors on April 18, 1989; and recommending that the City Council accept as complete contract for Sanitary Sewer M-37 replacement and authorize final payment in the amount of $33,087.53 to L.D. Conatser Contractors, with funds available in Sewer Capital Projects Fund 58, Retainage No. 205-017039, Index Code 000588. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2638 re There was presented Mayor and Council Communication No. FP -2638 from the City complete miscell- Manager stating that Miscellaneous Curb and Gutter, Driveway and Pavement Base Repair aneous curb and (89-3) Street Improvements have been completed in accordance with plans and gutter, driveway, specifications under Contract No. 17125 awarded to S. Hakim Concrete Construction on and pavement base May 9, 1989; and recommending that the City Council accept as complete Miscellaneous repair Curb and Gutter, Driveway and Pavement Base Repair (89-3) Street Improvements and authorize final payment in the amount of $1,923.05 to American Bank of Arlington and S. Hakim Concrete Construction jointly; with funds available in Contract Street Maintenance Fund 93, Retainage Account No. 205-017125 and Street Improvement Fund 67, Retainage Account No. 205-017125. It was the consensus of the City Council that the recommendations be adopted. M&C OCS-50 re There was presented Mayor and Council Communication No. OCS-50 from the Annexation in the Office of the City Secretary stating that the timetable was approved on November 21, Tally Addition 1989, by Mayor and Council Communication No. G-8323 for contemplated annexation of 1.055 acres in the Tally Addition; that notice of the first public hearing was published in the Fort Worth Star -Telegram, the official newspaper, the City of Fort Worth, on November 22, 1989; that the property is located at the southeast corner of I -35W (North) and Keller -Haslet Road (Country Road No. 4042); and that, if annexed, it would become a part of City Council District 2. Mayor Bolen asked if there was anyone present desiring to be heard. Met in closed or executive session Reconvened into regular session Adjourned There being no one present desiring to be heard in connection with the annexation of approximately 1.055 acres of land in the Tally Addition, Mayor Pro tempore Gilley made a motion, seconded by Council Member Zapata, that the hearing be closed. When the motion was put to a vote by the Mayor, it prevailed unanimously. It was the consensus of the City Council that City Council meet in closed or executive session for the following purposes: 1. To receive the advice of its attorney concerning the following pending litigation: Clara R. Brock versus City of Fort Worth, No. 96-103854-87, 96th District Court as authorized by Section 2(e), Article 6252-17, V.A.C.S. 2. Report of the City Manager: Award of contract, Mayor and Council Communication No. C-12031, Award of Contract to Joe Adams and Son, Inc., for Emergency Nuisance Abatement - Property Located at 1414 Jones aka 1401 Calhoun The City Council reconvened into regular session with eight members present, and Council Member Granger absent. There being no further business, the CrTI(SURIETARY Minutes of City Council N-3 Page 424