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HomeMy WebLinkAbout1989/12/12-Minutes-City CouncilCouncil met Members present Invocation Pledge of Allegiance Minutes of December 5, 1989 approved Ms. Francie Allen mad a presentation M&C G-8358 with- drawn from agenda M&C G-8347 removed from consent agend Consent agenda approved Consent agenda reconsidered M&C P-3870 with- drawn from con- sent agenda Revised consent agenda be approved Nominated Renee Brooks to the Community Develop- ment Council Nominated Mrs. Walter Barbour to the Capital Im- provements Plan Advisory Committee Introduced a Resolution Resolution No. 149 425 CITY COUNCIL MEETING DECEMBER 12, 1989 On the 12th 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: Mayor Bob Bolen; Mayor Pro tempore Garey W. Gilley; Council Members William N. Garrison, Kay Granger, Eugene McCray, Steve Murrin, Jr., and Virginia Nell Webber; City Manager David Ivory; City Attorney Wade Adkins; City Secretary Ruth Howard; Council Members Louis J. Zapata and David Chappell absent; with more than a quorum present, at which time the following business was transacted: The invocation was given by The Reverend Dale Waser, Pastor of Everman United Methodist Church. The Pledge of Allegiance was recited. On motion of Council Member Garrison, seconded by Mayor Pro tempore Gilley, the minutes of the meeting of December 5, 1989, were approved. Ms. Francie Allen, Historic Preservation Council, made a presentation of Tarrant County Historic Resources Survey Book. City Manager Ivory requested that Mayor and Council Communication No. G-8358 be withdrawn from the agenda. Council Member Garrison requested that Mayor and Council Communication No. G-8347 be removed from the consent agenda. On motion of Council Member Murrin, seconded by Mayor Pro tempore Gilley, the consent agenda was approved. Council Member Murrin made a motion, seconded by McCray, that the consent agenda be reconsidered. When the motion was put to vote by the Mayor, it prevailed unanimously. Council Member Webber requested that Mayor and Council Communication No. P-3870 be withdrawn from the consent agenda. Council Member Murrin made a motion, seconded by Council Member McCray, that the revised consent agenda be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Granger nominated Renee Brooks for membership on the Community Development Council and made a motion, seconded by Mayor Pro tempore Gilley, that Renee Brooks be appointed to the Community Development Council to Place 4 for a term of office expiring October 1, 1990. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member McCray nominated Mrs. Walter Barbour for membership on the Capital Improvements Plan Advisory Committee and made a motion, seconded by Mayor Pro tempore Gilley, that Mrs. Walter Barbour be appointed to the Capital Improvements Plan Advisory Committee. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mayor Pro tempore Gilley introduced a resolution 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 resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Members Zapata and Chappell The resolution, as adopted, is as follows: RESOLUTION NO. 1490 A RESOLUTION CALLING FOR A PUBLIC HEARING TO CONSIDER LAND USE ASSUMPTIONS THAT WILL BE USED TO DEVELOP A CAPITAL IMPROVEMENTS PLAN PURSUANT TO WHICH AN IMPACT FEE OR FEES MAY BE IMPOSED 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 a public hearing to be held for the purpose of considering Minutes of City Council N-3 Page 425 426 TUESDAY, DECEMBER 12, 1989 Resolution No. land use assumptions to be used to develop a Capital Improvement 1490 cont. Plan pursuant to which impact fees may be imposed. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: A public hearing will be held at 10:00 a.m. on Tuesday, January 23, 1990, in the Council Chambers of the City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas, for the purpose of considering the land use assumptions that will be used to develop a Capital Improvements Plan pursuant to which an impact fee or fees may be imposed. Land use assumptions are projections of changes in land uses, densities, intensities and population which may occur within the City of Fort Worth, and within its extraterritorial jurisdiction from the present until the year 2000. Any member of the public may appear at the public hearing and present evidence for or against the approval of the land use assumptions. M&C OCS-51 There was presented Mayor and Council Communication No. OCS-51 from the Petition for dis- Office of the City Secretary, as follows: annexation of 7800 and 7900 blocks of SUBJECT: REPORT ON PETITION FOR DISANNEXATION OF 7800 AND 7900 Eagle Mountain BLOCKS OF EAGLE MOUNTAIN CIRCLE Circle OPTIONS OF THE CITY COUNCIL: 1. Take no action at all on the petition, in which event one or more of the signers of the petition may bring a lawsuit against the City to request that the area be disannexed; or 2. The City Council may make a determination as to the sufficiency or insufficiency of the petition. (a) If the City Council finds that the petition is insufficient, the City Council should deny the petition on the grounds of insufficiency. (b) If the City Council finds that the petition is sufficient, then the City Council may adopt an ordinance disannexing the subject property. (c) If the City Council finds that the petition is sufficient, but the City Council desires not to disannex the property, then it may vote to deny the petition. 3. If the City Council desires to consider the sufficiency of the petition and desires to disannex the property, then it should instruct the City staff to prepare an ordinance and a Mayor and Council Communication for consideration at the City Council meeting of December 19. BACKGROUND INFORMATION AND 'FINDINGS: On November 7, 1989, a petition was presented to this office for the disannexation of the 7800 and 7900 Blocks of Eagle Mountain Circle. This property was annexed as the result of a Charter Amendment election held on December 11, 1924, and is located north of Ten Mile Bridge Road and west and north of the Fort Worth Nature Center and is a part of District 7. The petition (Attachment A) alleges that the City of Fort Worth has failed to provide services as provided under Section 43.141 of the Local Government Code. ITEMS TO BE VERIFIED The Texas Local Government Code prescribes that petitions for disannexation for failure to provide services can be made by a majority of the qualified voters of the annexed area and must: (1) be written; (2) request the disannexation; (3) be signed in ink or indelible pencil by the appropriate voters; (4) be signed by each voter as that person's name appears on the most recent official list of registered voters; (5) contain a note made by each voter stating the person's residence address, precinct number, and voter registration number that appears on the person's voter registration certificate; (6) describe the area to be disannexed and have a plat or other likeness of the area attached; (7) be presented to the secretary of the municipality; Minutes of City Council N-3 Page 426 427 TUESDAY, DECEMBER 12, 1989 &C OCS-51 cont. (8) notice of the petition must be given by posting a copy of the petition for 10 days in three public places in the annexed area; and (9) a copy of the petition must be published once in a newspaper of general circulation serving the area before the 15th day before the day the petition is first circulated and proof of the posting and publication must be made by attaching the following to the petition presented to the City Secretary: (a) the sworn affidavit of any voter who signed the petition, stating the places and dates of the posting; and, (b) the sworn affidavit of the publisher of the newspaper in which the notice was published, stating the name of the newspaper and the issue and date of publication. FINDINGS The findings of the City Secretary regarding the petition for disannexation presented on November 7, 1989, are as follows: 1. The petition contains 15 signatures (Attachment A) 2. There are 20 registered voters in the 7800 and 7900 Blocks of Eagle Mountain Circle (Attachment B) 3. 15 registered voters signed the petition (Attachment C) 4. 4 registered voters did not sign the petition (Attachment D) (one registered voter is deceased (notarized statement of fact furnished)); one registered voter allegedly has not lived in Precinct 4373 for eight years and his voter's registration was cancelled on November 11, 1989, five days after the petition was submitted, and certified correspondence to him at this address was returned to this office; two registered voters are either students living away from the their family-owned residences in the precinct or recently moved from the precinct to an out -of -the -city location; and one registered voter lives in the precinct and did not sign the petition) 5. All signed names on the petition are as they appear on the most recent list of registered voters 6. All addresses on the petition are as they appear on the list of registered voters 7. The petition requests disannexation 8. The petition is in writing 9. The petition was signed in ink by the appropriate voters 10. The petition contains the person's precinct number and voter registration number 11. The petition describes the area to be disannexed and has a plat of the area The petition was presented to the secretary of the 12. municipality 13. The petition contains a certified affidavit of the publication of the petition on September 13, 1989, which was more than 15 days before the date the petition was first circulated 14. The petition contains a notarized statement of the posting of the petition for 18 days in three public places in the annexed area. HISTORY OF ANNEXATION Until 1959, the city limits were described by metes and bounds in the Charter and amending the City Charter was the method by which land was annexed. The land requested for disannexation was added to the City of Fort Worth upon the adoption of a new charter in 1924. Ordinance No. 1034 was adopted on November 4, 1924, calling a Charter Amendment election for December 11, 1924. Included in the Charter Amendments were the annexations of the area being requested for disannexation, the Centennial grounds and adjacent area, a sewage disposal plant area (East Fort Worth), and parts of Meadowbrook, the Monticello area, Fostepco Heights, Worth Heights, Cobb Park, the North Jarvis Heights area, Rivercrest, land between Hemphill and Jennings, and a municipal golf course (Worth Hills). This was the same Charter Amendment election which changed the City of Fort Worth's form of government from a Commission form to the present-day City Council -City Manager form of government. "History of Annexation" maps dating back to 1966 on file in the Office of the City Secretary clearly define the area being requested for disannexation as an area within the corporate boundaries of the City of Fort Worth. Minutes of City Council N-3 Page 427 TUESDAY, DECEMBER 12, 1989 &C OCS-51 cont. The petitioners assert they were unaware of the inclusion of this land within the corporate boundaries of the City of Fort Worth until 1988 when they received their first tax bill. TAXES Tax histories on properties within Fort Worth are retained for no more than 10 years. There is no evidence that taxes were levied on properties in the 7800 and 7900 blocks of Eagle Mountain Circle until 1988. The 1989 taxes and valuations are as follows: REPORT OF DEVELOPMENT DEPARTMENT The staff report of the Development Department is attached. CONCLUSION As City Secretary of the City of Fort Worth, I certify that a majority of the registered voters of the 7800 and 7900 Blocks of Eagle Mountain Circle signed the petition for disannexation and that all technical aspects of the petition for disannexation of the 7800 and 7900 Blocks of Eagle Mountain Circle are in compliance with Section 43.141 of the Local Government Code. As City Secretary, I am not in a position to determine whether or not the City of Fort Worth has failed or refuses to provide services to the area described in the petition for disannexation. ATTACHMENT "A" NAMES OF PETITIONERS 1. Robert Eugene Bradberry 2. Peggy Lawler Matthews 3. Robert Lee Matthews 4. John Darrell Chailer 5. Wilma Stephens Chailer 6. Jacklyne Painter Spitzer 7. David Harold Tackel 8. Lela Brimmage Chappell 9. Joseph Scott Spitzer 10. Lisa Renae Jones 11. Marie Marsden Jones 12. Carol McClendon Tackel 13. Juanita Hemphill Smith 14. Michaella Thorpe Bradberry 15. Chester Joel Smith ATTACHMENT "B" REGISTERED VOTERS IN PRECINCT 4373 IN THE 7800 AND 7900 BLOCKS OF EAGLE MOUNTAIN CIRCLE 1. Michaella Thorpe Bradberry 2. Robert Eugene Bradberry 3. John Darrell Chailer 4. Wilma Stephens Chailer 5. Lela Brimmage Chappell 6. Lisa Renae Jones 7. Marie Marsden Jones 8. Robert F. Jones (Deceased 12-10-88) 9. Peggy Lawler Matthews 10. Robert Lee Matthews 11. Christi Lynn Mills 12. Margaret Sherrill Quick 13. Fredrick Lee Rynearson 14. Chester Joel Smith 15. Juanita Hemphill Smith 16. Jacklyne Painter Spitzer Minutes of City Council N-3 Page 428 Address Eagle Mountain Circle Valuation City Taxes 7870 $ 65,922 $ 114.52 7880 56,725 407.97 7890 59,444 427.53 7900 61,517 553.04 7910 64,148 576.69 7920 66,829 480.64 7930 71,435 642.20 7940 59,178 425.61 7950 7,500 67.43 7960 77,775 559.36 7990 (partial/vacant) 7,500 67.43 $597,973 $4,322.42 REPORT OF DEVELOPMENT DEPARTMENT The staff report of the Development Department is attached. CONCLUSION As City Secretary of the City of Fort Worth, I certify that a majority of the registered voters of the 7800 and 7900 Blocks of Eagle Mountain Circle signed the petition for disannexation and that all technical aspects of the petition for disannexation of the 7800 and 7900 Blocks of Eagle Mountain Circle are in compliance with Section 43.141 of the Local Government Code. As City Secretary, I am not in a position to determine whether or not the City of Fort Worth has failed or refuses to provide services to the area described in the petition for disannexation. ATTACHMENT "A" NAMES OF PETITIONERS 1. Robert Eugene Bradberry 2. Peggy Lawler Matthews 3. Robert Lee Matthews 4. John Darrell Chailer 5. Wilma Stephens Chailer 6. Jacklyne Painter Spitzer 7. David Harold Tackel 8. Lela Brimmage Chappell 9. Joseph Scott Spitzer 10. Lisa Renae Jones 11. Marie Marsden Jones 12. Carol McClendon Tackel 13. Juanita Hemphill Smith 14. Michaella Thorpe Bradberry 15. Chester Joel Smith ATTACHMENT "B" REGISTERED VOTERS IN PRECINCT 4373 IN THE 7800 AND 7900 BLOCKS OF EAGLE MOUNTAIN CIRCLE 1. Michaella Thorpe Bradberry 2. Robert Eugene Bradberry 3. John Darrell Chailer 4. Wilma Stephens Chailer 5. Lela Brimmage Chappell 6. Lisa Renae Jones 7. Marie Marsden Jones 8. Robert F. Jones (Deceased 12-10-88) 9. Peggy Lawler Matthews 10. Robert Lee Matthews 11. Christi Lynn Mills 12. Margaret Sherrill Quick 13. Fredrick Lee Rynearson 14. Chester Joel Smith 15. Juanita Hemphill Smith 16. Jacklyne Painter Spitzer Minutes of City Council N-3 Page 428 429 TUESDAY, DECEMBER 12, 1989 M&C OCS-51 cont. 17. Joseph Scott Spitzer 18. Carol McClendon Tackel 19. David Harold Tackel 20. Rebeckah Lynn Taylor ATTACHMENT "C" REGISTERED VOTERS WHO SIGNED PETITION 1. Robert Eugene Bradberry 2. Peggy Lawler Matthews 3. Robert Lee Matthews 4. John Darrell Chailer 5. Wilma Stephens Chailer 6. Jacklyne Painter Spitzer 7. David Harold Tackel 8. Lela Brimmage Chappell 9. Joseph Scott Spitzer 10. Lisa Renae Jones 11. Marie Marsden Jones 12. Carol McClendon Tackel 13. Juanita Hemphill Smith 14. Michaella Thorpe Bradberry 15. Chester Joel Smith ATTACHMENT "D" REGISTERED VOTERS WHO DID NOT SIGN PETITION Robert F. Jones - deceased 12/10/88; notarized affidavit of fact submitted Christi Lynn Mills -certified correspondence from this office not returned Margaret Sherrill Quick Fredrick Lee Rynearson - certified correspondence returned to this office marked "moved left no address unable to forward" Rebeckah Lynn Taylor - certified correspondence from this office not returned M&C OCS-51 adopted On motion of Council Member Murrin, seconded by Mayor Pro tempore Gilley, the recommendation, as contained in Option 3 in Mayor and Council Communication No. OCS-51, was adopted. Mrs. Carol Tackel re M&C Carol OCS Mrs. Carol Tackel appeared before the City Council and requested clarification of the City Council action regarding the petition for disannexation of the 7800 and 7900 blocks of Eagle Mountain Circle and Mrs. Tackel was advised that the City Council has accepted the report of the City Secretary, has declared the petition sufficient, and has instructed the City staff to prepare an ordinance and Mayor and Council Communication for consideration of the City Council meeting of December 19, 1989, and that the area will be disannexed at that time. M&C OCS-52 Liability Bonds There was presented Mayor and Council Communication No. OCS-52 from the Office of the City Secretary recommending that the City Council authorize the acceptance of liability bonds, as follows: CONTRACTOR'S BONDS INSURANCE COMPANY James W. Jackson, Inc. Gulf Insurance Company Thomas Excavating, Inc., MCA Insurance Company CEMENT BONDS Terry J. Fricks, Inc. Western Surety Company C & W Utility Contracting Company Trinity Universal Insurance Company Windell F. Carter Buildings & Concrete Lawyers Surety Corp. M&C OCS-52 adopted M&C OCS-53 Claims ae Pearl Loving It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. OCS-53 from the Office of the City Secretary recommending that the City Council refer notices of claims for alleged damages and/or injuries to the Risk Management Department, as follows: 1. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Mae Pearl Loving December 6, 1989 October 3, 1989 I-30 $220.71 - $235.00 Claimant alleges damages to her automobile as the result of rocks falling from a City -owned vehicle (truck). Minutes of City Council N-3 Page 429 430 TUESDAY, DECEMBER 12, 1989 George Evans 2. Claimant: George Evans Date Received: December 6, 1989 Date of Incident: November 1989 Location of Incident: 3531 E. Lancaster Estimate of Damages/ Injuries: $530.00 - $554.50 Nature of Incident: Claimant alleges damages to his property as the result of City crew removing fence while repairing sewer line. Edison J. Rowland 3. Claimant: Edison J. Rowland Date Received: December 6, 1989 Date of Incident: November 13 or 14, 1989 Location of Incident: 4070 Modlin Estimate of Damages/ Injuries: $71.00 Nature of Incident: Claimant alleges damages to his property as the result of a broken water main. Connell Spain 4. Claimant: Connell Spain Date Received: December 4, 1989 Date of Incident: November 29, 1989 Location of Incident: 4720 Bryant Irvin Road (Tom Thumb Page 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. Ethal Polk 5. Claimant: Ethal Polk Date Received: December 4, 1989 Date of Incident: November 183, 1989 Attorney: Joe W. Byrd Location of Incident: Undeclared Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages and injuries as the result of an automobile accident involving a City employee. Cheryl Gatewood 6. Claimant: Cheryl Gatewood Date Received: December 4, 1989 Date of Incident: November 189 1989 Attorney: Joe W. Byrd Location of Incident: Undeclared Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages and injuries as the result of an automobile accident involving a City employee. James Kirk Manuel 7. Claimant: James Kirk Manuel Date Received: December 4, 1989 Date of Incident: Undeclared Location of Incident: 8100 Highway 80 West Estimate of Damages/ Injuries: $180.00 Nature of Incident: Claimant alleges damages to his automobile as the result of rock being thrown from a mower while mowing median. Mitchell Wilton 8. Claimant: Mitchell Wilton Sapp, Jr. Sapp, Jr. Date Recei ved: December 4, 1989 Date of Incident: September 30, 1989 Location of Incident: Parking Lot (Steak and Ale) Estimate of Damages/ Injuries: $450,400.00 Nature of Incident: Claimant alleges injuries as the result of actions taken by Fort Worth Police Officers. Betty J. Hall 9. Claimant: Bettye J. Hall I Date Received: November 30, 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 430 431 TUESDAY, DECEMBER 12, 1989 etty J. Hall claim Nature of Incident: Claimant alleges damages to her ont. automobile as the result of an accident involving a City -owned vehicle (truck). uzanne M. Lawrence 10. Claimant: Suzanne M. Lawrence Date Received: November 30, 1989 Date of Incident: Undeclared Location of Incident: West Freeway at Cherry St. Estimate of Damages/ Injuries: $285.97 - $291.93 Nature of Incident: Claimant alleges damages to her automobile as the result of gravel falling from a City -truck. ichael Dwayne 11. Claimant: Michael Dwayne Coleman oleman Date Received: November 30, 1989 Date of Incident: Undeclared Location of Incident: North Side Pound Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages to his automobile as the result of being released in error to the wrong person and vehicle was damaged while out of the pound. ack Dean Killion 12. Claimant: Jack Dean Killion Date Received: November 30, 1989 Date of Incident: Undeclared Location of Incident: 5905 Wonder Drive Estimate of Damages/ Injuries: $3,106.37 - $3,336.02 Nature of Incident: Claimant alleges damages to his automobile as the result of an accident involving a City -owned vehicle (garbage truck). ammy Callahan 13. Claimant: Tammy Callahan Date Received: December 1, 1989 Date of Incident: August 23, 1989 Attorney: Robert L. Crill Location of Incident: 1800 block of Riverside Drive Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages and injuries as the result of an accident involving another vehicle in which driver had lost control. illiam Joseph 14. Claimant: William Joseph Miller iller Date Received: December 1, 1989 Date of Incident: October 1, 1989 Corner of 5000 Pershing and Location of Incident: 2400 Neville Estimate of Damages/ Injuries: $550.09 - $877.81 Nature of Incident: Claimant alleges damages to his automobile as the result of street conditions. &C OCS-52 adopted It was the consensus of the City Council that the recommendation be adopted. &C OCS-54 There was presented Mayor and Council Communication No. OCS-54 from the orresondence from Office of the City Secretary recommending that correspondences from Mr. and Mrs. Tim r. and Mrs. Tim Guler, 6004 Harrison Way, Watauga, Texas; Jack C. Provine, Jr., 6589 Old Mill Circle, uler, Jack C. Pro- Fort Worth, Texas; and Beth Phillips, 5013 Roxie, Fort Worth, Texas, requesting ine, Jr. Beth favorable consideration for the DARE curriculum in the schools. It was the consensus hillips re DARE of the City Council that the correspondences be referred to the Office of the City urri cul um in the Manager. chools &C G-8347 re There was presented Mayor and Council Communication No. G-8347 from the City urchase of library Manager stating that the Fort Worth Public Library was named as one of six institutions aterials entitled to receive, either directly or in trust, one-sixth of one-half of the net residuary of Mr. Levy's estate on June 15, 1956; that the share was place in Trust with the MBank of Fort Worth; that the provisions of Mr. Levy's will requires interest earned from the Trust be used for the purchase of technological, business and scientific books, and periodicals in memory of his mother, Addie Levy; that the amount received was $12,003.72 in 1989; and recommending that the City Council adopt a supplemental appropriations ordinance increasing estimated receipts by $12,000.00 in General Fund 01 and appropriations by like amount in the General Fund 01, Library Department Support Service Account No. 84-20-01 from increased revenue; transfer $12,000.00 from Special Trust Fund 72, Project No. 504000-00, Addie Levy Trust, to the Minutes of City Council N-3 Page 431 432 TUESDAY, DECEMBER 12, 1989 M&C G-8347 cont. General Fund 01; and approve the expenditure of $12,000.00 for the purchase of library materials under the guidelines of the trust. Council Member Garrison advised the City Council that he has a conflict of interest with Mayor and Council Communication No. G-8347. Mayor Pro tempore Gilley made a motion, seconded by Council Member McCray, that the recommendation, as contained in Mayor and Council Communication No. G-8347, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Members Zapata and Chappell NOT VOTING: Council Member Garrison Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member 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 Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Members Zapata and Chappell NOT VOTING: Council Member Garrison The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10457 10457 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE GENERAL FUND 01, OF THE CITY OF FORT WORTH FOR THE FISCAL YEAR 1989-90 BY TRANSFERRING THE SUM OF $12,000 FROM THE SPECIAL TRUST FUND 72, PROJECT NO. 504000-00, ADDIE LEVY TRUST, AND APPROPRIATING SAID $12,000 TO THE GENERAL FUND 01, LIBRARY DEPARTMENT, SUPPORT SERVICES ACCOUNT NO. 84-20-01, FOR THE PURPOSE OF PURCHASING LIBRARY MATERIALS UNDER THE GUIDELINES OF THE TRUST; 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-8348 re There was presented Mayor and Council Communication No. G-8348 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 M-44 by City forces for construction in Arlington M-44 Street from Jennings Street to Galveston Street, for a total estimated project cost of $74,746.63, with funds available in Water and Sanitary Sewer 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-8349 re ! There was presented Mayor and Council Communication No. G-8349 from the City continuation of I Manager stating that an amendment to the City's Sidewalk Policy was approved on Sidewalk Reimburse,January2, 1979, by Mayor and Council Communication No. G-4027 providing for ment Program j reimbursement to individual property owners for one-half the cost of sidewalk replacement, up to a maximum rate based on average bid prices paid on City projects over the preceding six-month period, updated quarterly; that, in order to simplify the reimbursement process, the City Council, in the same action, authorized the City Manager to make sidewalk reimbursements in accordance with the policy without further Council action and establishment of an account in the amount of $100,000.00 to finance the reimbursements; that, since the original authorization, the City Council has Minutes of City Council N-3 Page 432 433 M&C G-8349 cont. supplemented the account on 14 occasions with a total of $1,216,274.28; and recommending that the City Council authorize the continuation of a Sidewalk Reimbursement Program and approve a bond fund transfer in the amount of $80,000.00 from 30-038901-00, Sidewalks Unspecified, to 30-038109-00, Sidewalk Contractual Program, to provide funds for the City's share of sidewalk construction. It was the consensus of the City Council that the recommendations be adopted. M&C G-8350 re changing Construe- There was presented Mayor and Council Communication No. G-8350 from the City and Fire Pre- Manager recommending that an ordinance be adopted amending Ordinance No. 10165, thus tion and n Board of changing the Construction and Fire Prevention Board of Appeals for the Dallas/Fort ventAppeals Worth International Airport tenure and further providing for the selection of board members by certain organizations with final approval by the Dallas -Fort Worth International Airport Board. It was the consensus of the City Council that the recommendation be adopted. Introduced an Ordinance Council Member Murrin introduced an ordinance and made a motion that it be 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 Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Members Zapata and Chappell The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10458 10458 AN ORDINANCE ADOPTED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, PURSUANT TO ARTICLE 45d-14, REVISED CIVIL STATUTES OF TEXAS, APPROVING RESOLUTION NO. 89-226 OF THE DALLAS -FORT WORTH INTERNATIONAL AIRPORT CONSTRUCTION AND FIRE PREVENTION STANDARDS, JUNE, 1988 EDITION [AND THEREBY PROVIDES TWO-YEAR TERMS OF OFFICE FOR MEMBERS OF THE BOARD OF APPEALS OF THE DALLAS -FORT WORTH INTERNATIONAL AIRPORT; PROVIDES FOR EXTENSION OF THE INITIAL TERMS OF OFFICE IN SUCH MANNER AS TO CREATE AN OVERLAP IN TERMS OF OFFICE AMONG ITS MEMBERS; PROVIDES THAT AND TERM SCHEDULED TO END ON DECEMBER 31, SHALL BE AUTOMATICALLY EXTENDED UNTIL A SUCCESSOR FOR THAT PLACE IS SELECTED, CONFIRMED AND SWORN IN; PROVIDES THAT THERE IS NO LIMIT ON THE NUMBER OF TERMS AN INDIVIDUAL MAY SERVE ON THE BOARD OF APPEALS]; AND PROVIDING THAT SAID RESOLUTION NO. 89-226 OF THE DALLAS -FORT WORTH INTERNATIONAL AIRPORT BOARD SHALL HAVE THE SAME FORCE AND EFFECT WITHIN THE BOUNDARIES OF THE DALLAS -FORT WORTH INTERNATIONAL AIRPORT AS AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF FORT WORTH WOULD HAVE IN THE CITY OF FORT WORTH; DECLARING AN EMERGENCY IN PROVIDING AN EFFECTIVE DATE. M&C G-8351 re There was presented Mayor and Council Communication No. G-8351 from the City spending limits Manager stating that the City's annual operating budget is enacted formally into law by for each depart- passage of an appropriations ordinance which establishes spending limits for each ment departmental operation of the City; that, as annual appropriations expire on 328088 September 30, the amounts encumbered on that date must be re -appropriated in the new 10,000 fiscal year so that the City may honor outstanding purchase orders and contracts Health Insur. without affecting the current year operating budget program; that the Office of Management Services and the City Manager's Office recommended against allowing 20,000 "rollovers" of appropriations from FY 1988-89 for General Fund departments; that the Plnng. & Zoning City's Non -Departmental account primarily consists of annual contracts; and submitting an itemized list of the outstanding contracts and purchase orders in Non -Departmental 15,000 accounts recommended for re -appropriation; as follows: sulting NON -DEPARTMENTAL INDEX ACCT NOS ACCOUNT DESCRIPTION AMOUNT CODE 90-45-00 Intergovernmental State Affairs $ 40,000 327882 Participation Consultation 90-55-00 Consultant Fees Cost of Services 43,500 328005 Study Ted Roos Associates 1,309 328088 Legal Counsel- 10,000 328005 Health Insur. Legal Counsel- 20,000 328088 Plnng. & Zoning Air Quality Con- 15,000 328088 sulting Minutes of City Council N-3 Page 433 434 TUESDAY, DECEMBER 12, 1989 TOTAL 310 809 It was recommended that the City Council approve a supplemental appropriations ordinance appropriating funds to the 1989-90 annual budget for Non -Departmental accounts in the amounts shown. It was the consensus of the City Council that the recommendation be adopted. Introduced an Council Member Murrin 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 Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Members Zapata and Chappell The ordinance, as adopted, is as follows: Ordinance No. 10459 ORDINANCE N0. 10459 AN ORDINANCE INCREASING THE APPROPRIATIONS IN GENERAL FUND 01 OF THE CITY OF FORT WORTH FOR THE FISCAL YEAR 1989-90, BY APPROPRIATING $310,809 FROM THE UNRESERVED, UNDESIGNATED FUND BALANCE OF THE GENERAL FUND 01, AND APPROPRIATING SAID AMOUNT TO VARIOUS NON -DEPARTMENTAL ACCOUNTS FOR THE PURPOSE OF HONORING OUTSTANDING CONTRACTS AND PURCHASE ORDERS FROM FISCAL YEAR 1988-89; 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-8352 re Articles of There was presented Mayor and Council Communication No. G-8352 from the City Imcorporati on of Manager, as follows: the DFW Airport Facility Improve- SUBJECT: ADOPTION OF ORDINANCE APPROVING REVISED ARTICLES OF ment corporation INCORPORATION OF DFW AIRPORT FACILITY IMPROVEMENT CORPORATION RECOMMENDATION: It is recommended that the City Council take the following action: 1. Adopt the attached ordinance repealing Ordinance No. 10382; and 2. Adopt the attached ordinance approving the Articles of Incorporation of the DFW Airport Facility Improvement Corporation. nTCf iKc, TnN- In August of 1989, the DFW International Airport Board requested that the Cities of Fort Worth and Dallas approve the proposed Articles of Incorporation of the Dallas -Fort Worth International Airport Facility Improvement Corporation in accordance with the requirements of Article 46-d, Vernon's Civil Statutes, as amended. Minutes of City Council N-3 Page 434 90-56-01 Ambulance Contract Ambulance Loan 150,000 291716 M&C G-8351 cont. 90-66-00 Environmental Lab Analysis 12,000 323709 Compliance Hazardous Disposal 6,000 323857 Coordination Costs Environmental Site 13,000 323865 Assess. TOTAL 310 809 It was recommended that the City Council approve a supplemental appropriations ordinance appropriating funds to the 1989-90 annual budget for Non -Departmental accounts in the amounts shown. It was the consensus of the City Council that the recommendation be adopted. Introduced an Council Member Murrin 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 Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Members Zapata and Chappell The ordinance, as adopted, is as follows: Ordinance No. 10459 ORDINANCE N0. 10459 AN ORDINANCE INCREASING THE APPROPRIATIONS IN GENERAL FUND 01 OF THE CITY OF FORT WORTH FOR THE FISCAL YEAR 1989-90, BY APPROPRIATING $310,809 FROM THE UNRESERVED, UNDESIGNATED FUND BALANCE OF THE GENERAL FUND 01, AND APPROPRIATING SAID AMOUNT TO VARIOUS NON -DEPARTMENTAL ACCOUNTS FOR THE PURPOSE OF HONORING OUTSTANDING CONTRACTS AND PURCHASE ORDERS FROM FISCAL YEAR 1988-89; 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-8352 re Articles of There was presented Mayor and Council Communication No. G-8352 from the City Imcorporati on of Manager, as follows: the DFW Airport Facility Improve- SUBJECT: ADOPTION OF ORDINANCE APPROVING REVISED ARTICLES OF ment corporation INCORPORATION OF DFW AIRPORT FACILITY IMPROVEMENT CORPORATION RECOMMENDATION: It is recommended that the City Council take the following action: 1. Adopt the attached ordinance repealing Ordinance No. 10382; and 2. Adopt the attached ordinance approving the Articles of Incorporation of the DFW Airport Facility Improvement Corporation. nTCf iKc, TnN- In August of 1989, the DFW International Airport Board requested that the Cities of Fort Worth and Dallas approve the proposed Articles of Incorporation of the Dallas -Fort Worth International Airport Facility Improvement Corporation in accordance with the requirements of Article 46-d, Vernon's Civil Statutes, as amended. Minutes of City Council N-3 Page 434 435 TUESDAY, DECEMBER 12, 1989 The purpose of the requested action was to approve creation of a M&C G-8352 cont. nonprofit airport facility improvement corporation under Section 14(b) of Article 46-d. Such a corporation would have the authority to provide financing for the cost of airport facilities such as real and personal property, buildings and equipment related to servicing aircraft or for the accommodation of air travelers, which would benefit the operation, economic development or revenue requirements of DFW International Airport. The Board of Directors of the corporation would be composed of five persons appointed by the DFW International Airport Board. No agreements, bonds, debts or obligations of the corporation would ever be deemed to be obligations of the Cities of Fort Worth or Dallas or a pledge of their credit. On September 5, 1989, the Fort Worth City Council granted its approval as requested by the DFW International Airport Board (M&C G-8203; Ordinance No. 10382). On November 29, 1989, the matter was presented to the Dallas City Council. The Dallas City Council granted its approval as requested by the DFW International Airport Board (Ordinance No. 20517). Before granting such approval, however, the Dallas City Council required the following changes to be made in the Articles of Incorporation: 1. The corporation must obtain approval of the DFW International Airport Board and the City Councils of Fort Worth and Dallas prior to the sale and delivery of any bonds, notes or other form of debt instrument, or the execution of any loan, lease, trust or other agreement. 2. The Articles of Incorporation may be amended in only two ways: (a) Amendments can be proposed by the DFW International Airport Board and approved by the Councils of the two cities; or (b) The City Councils of the two cities may institute amendments by directing the Board of Directors to amend the articles in accordance with procedures in the Non -Profit Corporation Act. These changes were requested to insure that the cities would have adequate control over the corporation. The City Attorney has reviewed the changes and finds them to be satisfactory. It is recommended that the City Council adopt the two attached ordinances which will approve the Articles of Incorporation as revised by the City of Dallas. It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. G-8352, be adopted. (See subsequent withdrawal following executive session.) Introduced an Council Member Murrin 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 Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Members Zapata and Chappell The ordinance, as adopted, is as follows: (See subsequent withdrawal action following executive session.) Ordinance No. ORDINANCE NO. 10460 10460 AN ORDINANCE REPEALING ORDINANCE NO. 10382 WHICH APPROVED THE ARTICLES OF INCORPORATION OF THE DFW AIRPORT FACILITY IMPROVEMENT CORPORATION; 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 4. This ordinance shall be in full force and effect from and after its passage, and it is so ordained. Minutes of City Council N-3 Page 435 436 TUESDAY, DECEMBER 12, 1989 Introduced an Council Member Murrin 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 Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Members Zapata and Chappell The ordinance, as adopted, is as follows: (See subsequent withdrawal action following executive session.) rdi nance No. ORDINANCE NO. 10461 0461 AN ORDINANCE PASSED CONCURRENTLY BY THE CITY COUNCILS, RESPECTIVELY, OF THE CITIES OF DALLAS AND FORT WORTH, AUTHORIZING AND APPROVING THE CREATION OF A NONPROFIT AIRPORT FACILITY IMPROVEMENT CORPORATION TO ACT ON BEHALF OF THE CITIES OF DALLAS AND FORT WORTH, TEXAS WHEREAS, the Board of Directors of the Dallas -Fort Worth International Airport (the "Board") have requested the Cities of Dallas and Fort Worth, Texas (the "Cities") to approve the Articles of Incorporation of the Dallas -Fort Worth International Airport Facility Improvement Corporation (the "Corporation") in accordance with the requirements of Article 46d-14, Vernon's Texas Civil Statutes, as amended (the "Act"); and WHEREAS, the Cities are duly incorporated home rule Cities of the State of Texas and are "public agencies" under the Act that are parties to a joint action agreement executed under the Act . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS, TEXAS: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Section 1. That the Articles of Incorporation proposed to be used in organizing the Dallas -Fort Worth International Airport Facility Improvement Corporation (a copy of which is attached to this Concurrent Ordinance and made a part hereof for all purposes) are hereby approved. Section 2. This Ordinance may be executed in counterparts, and when duly passed by both Cities, and separate counterparts are duly executed by each City, the Ordinance shall be in full force and effect. M&C G-8353 re There was presented Mayor and Council Communication No. G-8353 from the City Consultant Fees Manager stating that the City Council retained Mr. Gary B. Lawson as outside counsel to for the purpose of consult with the City Council and represent the City in matters regarding compensating con- responsibility for retired City employees' health insurance and related issues on sultants for work September 19, 1989, by Mayor and Council Communication No. G-8212; that the City has related to the re- received a statement from Mr. Lawson in the amount of $35,174.21 for legal services tired City em- rendered during the months of October and November of 1989; that, in order to provide ployees' funding to pay the additional amount required for these legal services, it will be necessary for the Council to adopt a supplemental appropriations ordinance; and recommending that the City Council: 1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the General Fund 01 by $50,174.21 by appropriating said amount from the Unreserved, Undesignated Fund Balance of the General Fund and appropriating said $50,174.21 to the General Fund 01, Non -Departmental Account No. 90-55-00, Consultant Fees, for the purpose of compensating consultants for work related to the retired City employees' health insurance and other related issues; 2. Adopt a Resolution increasing to $60,174.21 the maximum total compensation to be paid to Gary B. Lawson of the firm of Godwin, Carlton and Maxwell for his legal services in the matters regarding responsibility for retired City employees' health insurance and related issues; and 3. Authorize the payment of $35,174.21 to Mr. Lawson for his legal services rendered in October and November of 1989. Minutes of City Council N-3 Page 436 437 M&C G-8353 adopted 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 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 Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Members Zapata and Chappell The ordinance, as adopted, is as follows: Ordinance No. 10462 ORDINANCE NO. 10462 AN ORDINANCE INCREASING THE APPROPRIATIONS IN THE GENERAL FUND 01 OF THE CITY OF FORT WORTH FOR THE FISCAL YEAR 1989-90 BY $50,174.21 BY APPROPRIATING SAID AMOUNT FROM THE UNRESERVED, UNDESIGNATED FUND BALANCE OF THE GENERAL FUND 01, AND APPROPRIATING THE SAID $50,174.21 TO THE GENERAL FUND 01, NON -DEPARTMENTAL ACCOUNT 90-55-00, CONSULTANT FEES, FOR THE PURPOSE OF COMPENSATING CONSULTANTS FOR WORK RELATED TO THE RETIRED CITY EMPLOYEES' HEALTH INSURANCE AND RELATED ISSUES; 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. Introduced a Council Member Murrin introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Members Zapata and Chappell The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1491 1491 WHEREAS, on September 19, 1989, the City Council approved M&C G-8212 retaining Gary B. Lawson and the law firm of Godwin, Carlton and Maxwell as outside legal counsel to consult with the City Council and represent the City in matters regarding responsibility for retired City employees' health insurance and related issues; and WHEREAS, the City Council fixed by Resolution the sum of $10,000 as estimated compensation to be paid to Mr. Lawson for his legal services, which sum has been paid to Mr. Lawson for his services; and WHEREAS, Mr. Lawson has presented to the City his statement for services rendered during the months of October and November, 1989, in the amount of $35,174.21, thereby increasing to $45,174.21 the legal fees incurred by the City through November 1989, and WHEREAS, it is necessary that the sum of $50,174.21 be authorized by Resolution so as to increase to $60,174.21 the maximum total compensation to be paid to Mr. Lawson for his services; Minutes of City Council N-3 Page 437 TUESDAY, DECEMBER 12, 1989 It is recommended that: 1. The attached ordinance be adopted, to be effective January 1, 1990, amending Section 35-58 of Chapter 35 of the Fort Worth City Code decreasing front foot charges for water service connections from $10.50 per front foot to $10.25 per front foot and decreasing front foot charges for sanitary sewer service connections from $9.00 per front foot to $8.75 per front foot; and 2. The Water and Sanitary Sewer Installation Policy be amended to incorporate these front foot charges and decrease the charge per foot of extensions constructed by City forces from $21.00 per foot to $20.50 per foot for water facilities and to decrease the charge for sanitary sewer facilities from $18.00 per foot to $17.50 per foot, such charges to become effective January 1, 1990, and to be incorporated into all developer projects on which bids have not been received by that date, and all City forces extension projects not authorized for construction by that date. nTSCIISSTnN- The proposed extension charges are the average contract cost per linear foot of six and eight inch off-site and on-site water and sanitary sewer facilities completed from December 1, 1988, through November 30, 1989. Proposed front foot charges are one-half of the proposed extension charges. These proposed charges have been compared with the current extension and front foot charges as follows: COMPUTATION OF PROPOSED CHARGES CURRENT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE Resolution No. CITY OF FORT WORTH, TEXAS: 1491 contt.. EXTENSION FRONT That the maximum total compensation to be paid to Gary B. CHARGE Lawson and the firm of Godwin, Carlton and Maxwell for legal FOOT services regarding responsibility for retired City employees' FACILITY PER FOOT health insurance and related issues is hereby increased to CHARGE $60,174.21. M&C G-8354 re There was presented Mayor and Council Communication No. G-8354 from the City North/Northwest Manager stating that the proposed North/Northwest Fort Worth District Plan is both an Fort Worth Distric update of the North District Plan and the development of a plan for the Northwest Plan cont. for District; that the geographic area of this updated and expanded plan is bordered on the one week east by U.S. 377, on the north and west by the outer limits of Fort Worth's ETJ, and on the south by Confederate Parkway and Jim Wright Freeway; that the plan reflects existing platting and zoning activities and prevailing development trends; and recommending that the City Council adopt the North/Northwest Fort Worth District Plan and incorporate it into the City's Comprehensive Plan. Mayor Pro tempore Gilley made a motion, seconded by Council Member Murrin, that consideration of Mayor and Council Communication No. G-8354 be continued for one week. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-8355 re There was presented Mayor and Council Communication No. G-8355 from the City revising certain Manager, as follows: water charges and sanitary sewer SUBJECT: PROPOSED CHANGES IN FRONT FOOT CHARGES FOR WATER AND conditions SANITARY SEWER CONNECTIONS RECOMMENDATION: It is recommended that: 1. The attached ordinance be adopted, to be effective January 1, 1990, amending Section 35-58 of Chapter 35 of the Fort Worth City Code decreasing front foot charges for water service connections from $10.50 per front foot to $10.25 per front foot and decreasing front foot charges for sanitary sewer service connections from $9.00 per front foot to $8.75 per front foot; and 2. The Water and Sanitary Sewer Installation Policy be amended to incorporate these front foot charges and decrease the charge per foot of extensions constructed by City forces from $21.00 per foot to $20.50 per foot for water facilities and to decrease the charge for sanitary sewer facilities from $18.00 per foot to $17.50 per foot, such charges to become effective January 1, 1990, and to be incorporated into all developer projects on which bids have not been received by that date, and all City forces extension projects not authorized for construction by that date. nTSCIISSTnN- The proposed extension charges are the average contract cost per linear foot of six and eight inch off-site and on-site water and sanitary sewer facilities completed from December 1, 1988, through November 30, 1989. Proposed front foot charges are one-half of the proposed extension charges. These proposed charges have been compared with the current extension and front foot charges as follows: COMPUTATION OF PROPOSED CHARGES CURRENT PROPOSED CURRENT PROPOSED EXTENSION EXTENSION FRONT FRONT CHARGE CHARGE FOOT FOOT FACILITY PER FOOT PER FOOT CHARGE CHARGE Water $21.00 $20.50 $10.50 $10.25 Sanitary Sewer $18.00 $17.50 $ 9.00 $ 8.75 Where City forces are used to construct extensions, the charge per foot of water and/or sewer extensions has been set as stated above under the "proposed extension charge." Where connections are made to existing mains, the front foot charge is calculated as one-half of the extension charge. On this basis, the Community Facilities Policy should be amended to provide water and sewer extension charges for facilities constructed by City forces as stated above. The City's participation, approximately 20 percent, is in the added costs for pipe sizes larger than eight inches. These added costs are not included in the above computation. Minutes of City Council N-3 Page 438 4" 9 TUESDAY, DECEMBER 12, 1989 M&C G-8355 cont. Similar recomputations and revisions of front foot and extension charges will be made each six months, with the next charges to be based on completed contract costs for the period of June 1, 1989, through May 31, 1990. The next revision will take effect July 1, 1990. It is necessary to provide for an orderly transition from the old front foot charges and the old extension charges to be effective January 1, 1990. The above recommendations have been prepared to meet that requirement. M&C G-8355 adopted On motion of Mayor Pro tempore Gilley, seconded by Council Member McCray, the recommendations, as contained in Mayor and Council Communication No. G-8355, were adopted. Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member 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 Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Members Zapata and Chappell The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10463 10463 AN ORDINANCE AMENDING SECTION 35-58, OF CHAPTER 35 OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY REVISING CERTAIN WATER CHARGES; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCE; REPEALING ALL ORDINANCES AND PROVISIONS OF THE CODE OF THE CITY OF FORT WORTH IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. . M&C G-8356 re There was presented Mayor and Council Communication No. G-8356 from the City changing the date Manager stating that a contract for the improvement of Washington Avenue from Jessamine of the benefit Street to Richmond Avenue was awarded on November 7, 1989, by Mayor and Council hearing for the Communication No. C-11982 and Ordinance No. 10435 was adopted establishing December 5, assessment paving 1989, as the date of the benefit hearing; that notices of this hearing required by of Washington Avenue from Jessa- Article 1105b, Vernon's Annotated Civil Statutes, inadvertently were not published; mine Street to that the hearing must be rescheduled to January 9, 1990; and recommending that the City Richmond Avenue Council approve an amendment to Ordinance No. 10435 changing the date of the benefit hearing for the Assessment Paving of Washington Avenue from Jessamine Street to Richmond Avenue, to January 9, 1990. On motion of Mayor Pro tempore Gilley, seconded by Council Member Garrison, the recommendation was adopted. Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Garrison. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Members Zapata and Chappell The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10464 10464 AN ORDINANCE AMENDING ORDINANCE NO. 10435, DEALING WITH THE IMPROVEMENT OF WASHINGTON AVENUE, FROM JESSAMINE STREET TO RICHMOND AVENUE, BY AMENDING SECTION III THEREOF TO PROVIDE FOR A NEW DATE FOR THE HEARING REQUIRED BY ART. 1105b, R.C.S., AND FOR NOTICE OF SAID HEARING TO BE GIVEN IN ACCORDANCE WITH SAID STATUTE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. M&C G-8357 re There was presented Mayor and Council Communication No. G-8357 from the City labor and material Manager recommending that the City Council authorize the transfer of $150,400.00 from for the existing Capital Projects Reserve Fund 10, Project No. 010001-00, Unspecified, to Project snack bar and to No. 400000, work phases 01 through 05, Development Consolidation Cost Project, as purchase furniture follows: and computer equip ment Minutes of City Council N-3 Page 439 440 M&C G-8357 cont. M&C G-8358 was withdrawn from agenda M&C P-3864 re purchase of one 4 x 4 utility vehicle from alan Young Buick, PROJECT NUMBER 400000-01, Fire 400000-02, Development 400000-03, Health 400000-04, T/PW 400000-05, Water TUESDAY, DECEMBER 12, 1989 AMOUNT $ 5,250 $ 26,553 $ 3,575 $101,114 $ 13,908 It was further recommended that the City Council authorize the use of these funds, upon transfer, to pay for labor and materials necessary to renovate the existing snack bar and to purchase furniture and computer equipment to furnish the area for the Consolidated Development Service Area. It was the consensus of the City Council that the recommendation be adopted. It was the consensus of the City Council that Mayor and Council Communication No. G-8358, Casino Beach/Aqua Golf Lease be withdrawn from the agenda. There was presented Mayor and Council Communication No. P-3864 from the City Manager submitting a tabulation of bids received for the purchase of one 4x4 utility vehicle and two RV utility vehicles for the Police Department; stating that funds are available in General Fund 01, Account Nos. 35-41-00 and 35-32-00, Index Codes 267039 and 274357, respectively; and recommending that the purchase be made from Alan Young Buick, GMC and Karl Klement Chrysler Plymouth for a total amount not to exceed $46,065.66 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-3865 re There was presented Mayor and Council Communication No. P-3865 from the City contract with Alan Manager submitting a tabulation of bids received for the purchase of eight light duty YduhgeBu1ck;iGMCD. trucks for the Water Department and the Health Department; stating that funds are ourdhate pfoeight available in Water and Sewer Operating Fund 45, Account Nos. 60-50-02, 60-50-04, llghtiduty trucks~ 60-50-05, and 60-70-04, Index Codes 373860, 375204, 354340, and 377424, respectively, and General Fund 01, Account No. 50-40-01, Index Code 290536; and recommending that the purchase be made from Alan Young Buick, GMC on low bid, meeting specifications, for an amount not to exceed $131,223.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-3866 re There was presented Mayor and Council Communication No. P-3866 from the City contract for vet- Manager submitting a tabulation of bids received for a contract for veterinary services erinary services for the Health Department, Animal Control Division; stating that funds are available in for the Health De- General Fund 01, Account No. 50-40-01, Index Code 290213; and recommending that the partment contract be authorized with Dr. Michael Morris, D.V.M., on his low bid of $35.00 per hour and that the contract be for a period of one year from the date of implementation with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendations be adopted. M&C P-3867 re purchase of five 4 There was presented Mayor and Council Communication No. P-3867 from the City HP agricultural Manager submitting a tabulation of bids received for the purchase of five 40 HP tractors from agricultural tractors and one 40 HP agricultural tractor; stating that funds are Chuck's Tractors available in General Fund 01, Account Nos. 80-20-32, 80-20-33, 80-20-34, 80-20-54, and 40 HP 20-80-01, Index Codes 327528, 327932, 344705, 347914, and 238683, respectively; and and one agricultural tra c- recommending that the purchase of five 40 HP agricultural tractors be made from Chuck's for from Triangle Tractor and one 40 HP agricultural tractor from Triangle Lawn & Garden for a total lawn and Garden amount not to exceed $80,362.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-3868 re There was presented Mayor and Council Communication No. P-3868 from the City purchase of labor Manager submitting a tabulation of bids received for the purchase of labor and and materials for materials for fence construction service for the Transportation and Public Works fence construction Department; stating that funds are available in Public Safety Improvements Fund 07, for the Project No. 011102-00, Index Code 616201; and recommending that the purchase be made service from Vann/Elli, Inc., in the amount of $21,359.00 net, f.o.b. Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. M&C P-3869 re nursery There was presented Mayor and Council Communication No. P-3869 from the City purchaseof stock Manager submitting a tabulation of bids received for the purchase of nursery stock for the Park and Recreation Department; stating that funds are available in Special Trust Fund 72, Project No. 502111-00, Index Code 600171; and recommending that the purchase be made on a low -bid -item basis, meeting City specifications, as follows: 1) Southwest Landscape Nursery Company $6,800.00 Item 1 - English Ivy 1 -gallon 2) Lake Winds Nursery 1,725.00 Item 2 - Dwarf Chinese Holly 5 -gallon Total amount not to exceed 8 525.00 net, f.o.b. Fort Worth M&C P-3869 adopted l! It was the consensus of the City Council that the recommendation be adopted. Council Member Webber advised the City Council she withdrew Mayor and Council Communication No. P-3870 from the consent agenda but that her questions regarding the pricing of different sizes of mice has been answered. Minutes of City Council N-3 Page 440 441 TUESDAY, DECEMBER 12, 1989 M&C P-3870 re There was presented Mayor and Council Communication No. P-3870 from the City purchase agreement Manager stating that a purchase agreement was authorized with Texas Animal Specialties with the Mouse on May 23, 1989, by Mayor and Council Communication No. P-3476 to furnish feeder mice House and rats for the Zoological Division of the Park and Recreation Department; that this vendor has requested that this agreement be terminated as it is unable to supply healthy mice and rats on a weekly basis as required; that difficulties have been experienced in shipments made from Houston and meeting the weekly deliveries to the Fort Worth Zoo; that new bids were requested and received on October 12, 1989, for these feeder mice and rats to be used as reptile food at the Fort Worth Zoo; stating that funds are sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that the City Council authorize: 1. The cancellation of the purchase agreement (M&C P-3476 on May 23, 1989) with Texas Animal Specialties to furnish feeder mice and rats for the Park and Recreation Department; 2. Removal of Texas Animal Specialties from the vendor's list for two (2) years commencing date of approval; and 3. A purchase agreement with The Mouse House to furnish feeder mice and rats for the Park and Recreation Department on the low bid, meeting City specifications, of unit prices net, f.o.b. Fort Worth, as follows: (1) Baby Mice $ .31/each (2) Small Baby Mice $ .32/each (3) Medium Mice $ .32/each (4) Large Mice $ .39/each (5) Large Rats $ .99/each (6) Medium Rats $1.09/each (7) Small (Weened) Rats $ .94/each (8) Fussies Pre-Weening Rats $ .59/each 4. The agreement to become effective upon approval by the City Council and expire one year later. M&C P-3870 adopted On motion of Council Member Webber, seconded by Council Member Murrin, the recommendations were adopted. M&C P-3871 re There was presented Mayor and Council Communication No. P-3871 from the City purchase of Manager submitting a tabulation of bids received for the purchase of D.A.R.E. booklets D.A.R.E. booklets and certificates for the Police Department; stating that funds are available in Police and-4.cer:.ti fi tate; Department Fund 01, Account No. 35-42-00, Index Code 267286; and recommending that the eltc. purchase be made from Wise Way Printing Company on low bid of $5,294.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-3872 re There was presented Mayor and Council Communication No. P-3872 from the City purchase of Manager submitting a tabulation of bids received for the purchase of D.A.R.E. pencils, D.A.R.E. pencils, buttons, rulers, etc., for the Police Department; stating that funds are available in buttons, rulers, Police Department Fund 01, Account No. 35-42-00, Index Code 267286; and recommending etc. that the purchase be made from Stetson & Associates in the amount of $5,163.96 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-3873 re There was presented Mayor and Council Communication No. P-3873 from the City purchase agreement Manager submitting a tabulation of bids received for a purchase agreement to provide with CAscade Linen linen service for the Fire Department; stating that funds are available in General Service Fund 01, Account No. 36-30-00, Index Code 276576; and recommending that the purchase agreement be authorized with Cascade Linen Service on its low bid of unit prices, as follows: Twin Bed Sheets $ .38 each Pillow Case $ .19 each Bath Towel $ .21 each Laundry Bag $ .25 each M&C P-3873 adopted It was also recommended that the effective date of the agreement begin this date and end one year later. It was the consensus of the City Council that the recommendations be adopted. M&C P-3874 re There was presented Mayor and Council Communication No. P-3874 from the City purchase of three Manager submitting a tabulation of bids received for the purchase of three 2.25 cubic 2.25 cubic yard yard 4 -wheel driven rubber tire loaders for the Water Department; stating that funds 4 -wheel driven are available in Water and Sewer Operating Fund 45, Account Nos. 60-70-03 and 70-70-06, rubber tire loaders Index Codes 376749 and 389106, respectively; and recommending that the purchase be made from AIS Continental Equipment Company on low bid, meeting specifications, not to exceed $175,200.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendations be adopted.. M&C P-3875 re There was presented Mayor and Council Communication No. P-3875 from the City purchase of a Manager, as follows: SCBA test system Minutes of City Council N-3 Page 441 442 M&C P-3875 cont. SUBJECT: SOLE SOURCE PURCHASE OF TEST SYSTEM FOR SCBA'S FROM BIO SYSTEMS, INC. SOLE SOURCE PURCHASE OF TEST SYSTEM FOR SCBA'S FROM BIO SYSTEMS, INC. RECOMMENDATION: It is recommended that the City Council authorize the sole source purchase of an SCBA test system for the Fire Department from the equipment manufacturer, Bio Systems, Inc. for an amount not to exceed $9,292.75 f.o.b. Fort Worth. nTCriICCTnN- The City of Fort Worth Fire Department must use and maintain self-contained breathing apparatus for use by fire fighters at fire scenes. The requested test system manufactured by Bio Systems, Inc., the sole source for the equipment, will include the following: A full 3 year warranty, one calibration check per year, schooling, unlimited supply of ribbons and supply of print out paper. There will be no shipping charges. 1. System to include: A. Test head of soft, pliable foam with durable skin type coating. Head to include pressure probe to measure facepiece pressure extending from left eye. Head to be easily removable for cleaning and disinfecting. B. Computer controlled breathing simulator to consist of artificial lung, motor control system, position transducer, and over -range limit controls. Systems to be capable of producing minute volumes of 40 liters and 100 liters. System to be capable of changing breathing performance by changing rom chips. 2. System to be capable of performing following tests: Mask Leak Test Static Mask Pressure Test High Pressure Leak Test Breathing Resistance Test pressure) Pressure Gauge Accuracy Test Alarm Accuracy (As a function of cylinder 3. System to contain integral printer capable of recording test results and printing out graph of breathing resistance test. 4. System to be capable of identifying respirator under test, user, serial number, and date. 5. System to include integral video display with on screen test instructions and results. 6. System to autocalibrate and self test upon power -up. 7. User to be able to input data from integral keypad or detachable keyboard. 8. System to include manifold assembly to be placed between SCBA cylinder valve and first stage regulator. Manifold to be connectable to high pressure transducer. The test equipment is necessary for the maintenance and repair of the self contained breathing apparatus. Therefore it is requested that the City Council authorize the purchase of the equipment. FINANCING: Sufficient funds are available in General Fund 01, Fire Department Account Number 36-50-30, Vehicle Maintenance. This purchase will be charged to Index Code 338491, Other Equipment. M&C, P-3875 adopted, It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. P-3875, be adopted. M&C P-3876 re There was presented Mayor and Council Communication No. P-3876 from the City purchase of two Manager submitting a tabulation of bids received for the purchase of two diesel engines diesel engines Ifor the City Services Department; stating that purchases will be charged to City Services Fund 61, Inventory Subsidiary Account No. 141-000270; and recommending that Minutes of City Council N-3 Page 442 443 TUESDAY, DECEMBER 12, 1989 M&C P-3876 cont. the purchase be made from Industrial Power & Transmission, Inc., for the City Services Department on low bid not to exceed $8,935.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-3877 re There was presented Mayor and Council Communication No. P-3877 from the City purchase of one Manager submitting a tabulation of bids received for the purchase of one full-size, full-size, 4 door four -door sedan with a police performance package for the Park and Recreation sedan with a Department; stating that funds are available in General Fund 01, Account No. 80-10-10, police perfor- Index Code 311563; and recommending that the purchase be made from Classic Chevrolet, mance package Inc., on low bid meeting specifications, for an amount not to exceed $13,731.41 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-3878 re There was presented Mayor and Council Communication No. P-3878 from the City purchase of ex- Manager, as follows: cess workers' compensation in- SUBJECT: PURCHASE FROM MIDWEST EMPLOYERS CASUALTY COMPANY OF s urance EXCESS WORKERS' COMPENSATION INSURANCE FOR 1990 (BIDDING AGENCY: ALEXANDER AND ALEXANDER OF TEXAS, INC.) RECOMMENDATION: It is recommended that the City Council: 1. Approve purchase of excess workers' compensation insurance for 1990 from Midwest Employers Casualty Company (non -rated company by A. M. Best) through bids submitted by Alexander and Alexander of Texas, Inc. Insurance to be purchased will include single incident excess coverage with City retention of $350,000 and insurance coverage to no maximum limit per incident and employer's liability insurance with $1,000,000 per occurrence. Estimated and minimum premium deposit for this coverage is in the amount of $107,480; and 2. Approve purchase of excess insurance for aircraft related injuries from Midwest Employers Casualty Company since the insurance listed above does not provide coverage for aircraft related injuries. This insurance will require City retention of $250,000 per incident and provide insurance coverage of up to $5,000,000 ($1 million maximum per person) per incident. The premium for this coverage is $14,525. DISCUSSION: As part of the City's Workers' Compensation Self -Insurance Program, excess insurance has been purchased to protect the City against catastrophic losses as well as to provide employer's liability insurance against possible lawsuit for damages outside the protection of workers' compensation laws. The current insurance policy is with Midwest Employers Casualty Company and is due to expire January 1, 1990. This policy provides for single incident coverage to a statutory limit beyond the City's $250,000 per incident retention for workers' compensation claims. It also provides for employer's liability coverage for $1,000,000 per occurrence. This policy was purchased for an estimated $118,316, subject to adjustment after audit of the City's total payroll for 1989. Excess insurance for aggregate workers' compensation losses was not purchased for 1989, and it is not available for 1990 purchase. The City, through a recent competitive bid process, asked for proposals for the subject coverages for 1990 and optional bids (if available) for 1991. City bid specifications requested proposals for workers' compensation single incident coverage at three City retention levels: $250,000; $300,000; and $400,000. Specifications for each of these retentions called for statutory levels of coverage beyond City retention levels. Employer's liability bids were requested at $500,000 per occurrence and $1,000,000 per occurrence. Specifications stated aggregate stop loss coverage was not a mandatory part of the bid, but proposals would be considered. Specifications also provided responding companies to deviate and submit proposals at other levels of coverage if they could not provide insurance at requested levels. Four insurance companies were represented in responses to the City's requests for bids for 1990 coverage. No bids were received which would include quotes for 1991 coverage. These four companies provided a total of eight different proposals, some within the City's requested specifications and other proposals which are deviations, but were considered as stated in the specifications. None of the companies submitted bids for aggregate stop loss coverage. Minutes of City Council N-3 Page 443 444 M&C P-3878 cont. TUESDAY, DECEMBER 12, 1989 In several of the proposals, the basic bid excluded the requested insurance coverages for aircraft related injuries, but provided this coverage for an additional premium. None of the bidders submitted a proposal for single incident retention of $250,000 as requested in City bids. Two proposals were submitted at the $300,000 retention level and three at the $400,000 retention level. In addition, one bid provided for $350,000 City retention and two bids were submitted with $500,000 retention. All basic premium estimates were based on a percentage of the City's estimated annual payroll. One of the companies, Midwest Employers Casualty Company (the City's present insurer), is a relatively new company and cannot yet be rated by A.M. Best. However, this company has shown solid financial growth over the past three years. The insurance companies involved in this bid process, along with their Best ratings and agencies submitting the bids, are as follows: 1. Midwest Employers Casualty Company Best Rating: NA -3 V (Not available - third year) Agency: Alexander and Alexander of Texas, Inc. 2. General Reinsurance Corporation Best Rating: A+ XV Agency: Wm. Rigg Co. 3. Transamerica Insurance Company Best Rating: A XI Agency: Texas Municipal League (Johnson & Higgins) 4. American International Group, Inc. Best Rating: A+XV Agency: Key, Piskuran, & Sheeran Insurance Agency A summary of proposals to include coverages and estimated premiums submitted by each company can be found in the attached tables, A through D. FINANCING: Sufficient funds are available in the Workers' Compensation Fund 73, Account No. 15-73-10, Risk Management. The expenditure will be made from Index Code 395756. TABLE A Midwest Employers Casualty Company Agency: Alexander and Alexander of Texas, Inc. Single Incident * 350 k to No Maximum Limit X * 400 k to No Maximum Limit X * 500 k to No Maximum Limit X Employers Liability * 1 Million Per Occurrence X X X Estimated and Minimum Premium $107,480 $95,235 $76,188 *These bid estimates submitted by Midwest Employers Casualty Company do not include coverage for aircraft related injuries. Midwest Employers Casualty Company will provide insurance for aircraft related injuries with a City retention of 250,000 and maximum insurance coverage of $5 million ($1 million person) per incident for a flat rate of $14,525. TABLE B General Reinsurance Corporation Agency: Wm. Rigg Co. Minutes of City Council N-3 Page 444 M&C P-3878 cont. TUESDAY, DECEMBER 12, 1989 Single Incident * 300 k to $10 Million Limit X $346,000 * 400 k to $10 Million Limit X Employers Liability Employers *$500 k to 1 Million Per Occurrence X X Estimated Premium $240,000 $195,000 *These bid estimates submitted by General Reinsurance Corporation do not include coverage for aircraft injuries. The proposal submitted by Wm. Rigg Co. does provide for aircraft related injury coverage at the same levels shown above for a flat rate of $10,000. The bid also proposes the upper limit of insurance can be expanded from $10 million per incident to no maximum limit for an additional flat premium of $25,000. These upper limit coverages involve reinsurance coverage from the Firemans Fund, A.M. Best rated A+ VIII. TABLE C Transamerica Insurance Company Agency: Texas Municipal. League Workers' Compensation Joint Insurance Fund/Johnson and Higgins Single Incident Estimated Premium * 300 k to 10 Million $346,000 * 500 k to 10 Million $209,000 Employers Liability No Coverage Offered *Coverage for aircraft related injuries are included in the Transamerica Insurance Company bids. This bid affords no employers' liability coverage nor does it provide alternatives to the $10 million upper limit of insurance coverage. TABLE D American International Group, Inc. Agency: Key, Piskuran & Sheeran Insurance Agency Single Incident * 400 k to 25 Million Employers Liability 1 Million per Occurrence *Estimated & Minimum Premium $390,000 *This bid submitted by American International Group, Inc., does not include coverage for aircraft related injuries. This coverage is available at the levels shown above for an additional $12,605 flat premium. 445 M&C P-3878 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. P-3878, be adopted. Minutes of City Council N-3 Page 445 446 TUESDAY, DECEMBER 12, 1989 &C P-3879 re There was presented Mayor and Council Communication No. P-3879 from the City urchase of Manager recommending that the award of an order for the emergency purchase of collision ollision repair repair services from Emergency One for the City Services and Fire Departments for an ervices amount not to exceed $18,240.00 net, f.o.b. Ocala, Florida, be approved, with funds available in Fund 619 Inventory Subsidiary Account No. 141000-400 and Fund 01, Account No. 36-30-00, Index Codes 276295 and 276675. Mayor Pro tempore Gilley made a motion, seconded by Council Member Garrison, that the award of an order in the amount not to exceed $18,240.00 to Emergency One be approved, confirmed, and ratified and, when the motion was put to a vote by the Mayor, it prevailed unanimously. &C P-3880 re There was presented Mayor and Council Communication No. P-3880 from the City urchase of carpet Manager submitting a tabulation of bids received for the purchase of carpet for the or the lower lower level of the Municipal Building for the Transportation and Public Works evel of the Department; stating that funds are available in various accounts; and recommending that unicipal Building the purchase be made from Armstrong -White Floors in the amount of $91,435.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. &C P-3881 re There was presented Mayor and Council Communication No. P-3881 from the City urchase of ele- Manager submitting a tabulation of bids received for the purchase of electrical trical supplies supplies for the Transportation and Public Works Department; stating that purchases will be charged Transportation and Public Works Inventory Subsidiary Account No. 141-000273; and recommending that the purchase be made on a low -bid -item basis meeting specifications, as follows: Westinghouse Electric Supply Co. $ 7,338.00 Southwestern Electric Wire & Cable 2,710.00 $10,048.00 net, f.o.b. Fort Worth, TX &C P-3881 adopted On motion of Mayor Pro tempore Gilley, seconded by Council Member Garrison, the recommendation was adopted. &C P-3882 re There was presented Mayor and Council Communication No. P-3882 from the City greement to pro- Manager stating that the City Council approved exercising the first renewal option of a i de replacement purchase agreement with the manufacturers of radios on September 27, 1988, by Mayor and a dio parts Council Communication No. P-2949; that staff now requests to exercise the final renewal option of this agreement which originated on February 2, 1988, by Mayor and Council Communication No. P-2422; that funds are available in General Fund 01, Account No. 04-60-01, Index Code 234880; and recommending that the City Council exercise the second option for renewal to the purchase agreement to provide replacement radio parts for the Information Systems and Services Department from the sole source vendor, as follows: VENDOR ANNUAL AMOUNT 1) General Electric Company $16,000.00 Dallas, Texas 2) Motorola, Inc. 10,000.00 Dallas, Texas Total amount not to exceed $26,000.00 f.o.b. Fort Worth &C P-3882 adopted It was also recommended that the effective date of agreement begin October 1, 1989, and end September 30, 1990. It was the consensus of the City Council that the recommendations be adopted. &C L-9985 re There was presented Mayor and Council Communication No. L-9985 from the City cqui si ti on of per- Manager, as follows: anent easement SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS (2 TRANSACTIONS) RECOMMENDATION: It is recommended that approval be given for the acquisition of the land and/or easements described below: 1. Project Name: Sanitary Sewer Easement/Lots 16, 17 and 18, T.H. Conner Addition. This easement is required to replace the existing sanitary sewer line. Type of Acquisition: Permanent Sanitary Sewer Easement Description of Land: A rectangularly shaped strip of land 10 feet in width and 150 feet in length out of Lots 16, 17 and 18, T. H. Conner Addition as recorded in Volume 7029, Page 1227, Deed Records, Tarrant County, Texas. This strip of land is located 47 feet west of the northwest corner of Lot 18 and extends southerly across Lots 16, 17 and 18, a distance of Minutes of City Council N-3 Page 446 447 TUESDAY, DECEMBER 12, 1989 M&C L-9985 cont. 150 feet and contains a total of 1,552 square feet as required for a permanent sanitary sewer easement. Square Feet: 1,552 Zoning: "B" Two -Family - Residential Description of Improvements: None in the taking Parcel No.: 2 Consideration: $1.00 Location: 2714 Camilla Owner: Roy G. Proffer Financing: Sufficient funds are available in Sewer Capital Improvements, Fund 08, Project No. 013086-00, Easement Acquisition Sewer. This expenditure will be made from Index Code 699785. Land Agent: Frances Sargeant 2. Project Name: Water Line Easements for Projects 8911-11 and 8911-08/Fort Worth Independent School District (1) Dunbar Middle School, and (2) Oakhurst Elementary School Type of Acquisition: Permanent Water Line Easements Description of Land: (1) An irregularly shaped strip of land 15 feet in width and 324 feet in length from Lot 2, Block 1, Dunbar Addition, as described in Volume 388-153, Page 87, P.R.T.C.T., required for a permanent water line easement. (2) An irregularly shaped strip of land 15 feet in width and 195.2 feet in length and extends from the front of Lots 7 and 8 in a southerly direction adjacent and parallel to the common property line of Lots 7 and 8, a distance of 195.2 feet to a point in Tract 1AC1 of the Franklin Woods Survey, Abstract No. 1624, P.R.T.C.T., Volume 204, Page 89, required for a permanent water line easement. Square Feet: (1) 5,274 (2) 2,928 Zoning: "CF" Description of Improvements: None in the taking Parcel No.: 1 and 2 Consideration: $1.00 Location: (1) Corner Fitzhugh Street and Stalcup Road (2) Corner Yucca Avenue and Sylvania Avenue Owner: Fort Worth Independent School District Financing: Sufficient funds are available in Land Acquisition Sewer, Fund 58, Project No. 017100-00, Sanitary Sewer Main 126. This expenditure will be made from Index Code 699787. Land Agent: Don Shoulders M&C L-9985 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. L-9985, be adopted. M&C L-9986 re There was presented Mayor and Council Communication No. L-9986 from the City acquisition of Manager recommending that the City pay a total consideration of $10.00 for a permanent permanent easement easement 18 feet in depth out of Tract 2, H.T. Boydston Survey, Abstract No. 170, as recorded in Volume 2076, Page 189, Deed Records, Tarrant County, Texas; same being 116.5 feet in length; located at Silver Creek Road at 820; owned by Texas Utilities Electric Company; and required for Live Oak Creek Sanitary Sewer Collector Main. It was the consensus of the City Council that the easement be acquired as recommended and that the expenditure be charged to Sewer Capital Improvements Fund 56, Project No. 014007-00, Index Code 699736. M&C PZ -1565 re vacating all There was presented Mayor and Council Communication No. PZ -1565 from the City street and ease- Manager recommending that an ordinance be adopted vacating all streets, utility me n is easements, and public open space easements within Blocks 18, 19, 20, 21, 22, 23, and 24 Minutes of City Council N-3 Page 447 TUESDAY, DECEMBER 12, 1989 M&C PZ -1565 cont. (all located northwest of the drainage right-of-way) Park Glen Addition. It was the consensus of the City Council that the recommendation be adopted. Introduce an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Garrison. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Members Zapata and Chappell The ordinance, as adopted, is as follows: Ordinance N. ORDINANCE NO. 10465 10465 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING ALL STREETS, UTILITY EASEMENTS AND PUBLIC OPEN SPACE EASEMENTS, AS FURTHER DESCRIBED HEREIN, LOCATED IN THE PARK GLEN ADDITION TO THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR REVERSION OF FEE IN THE STREET RIGHTS-OF-WAY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. M&C PZ -1566 re There was presented Mayor and Council Communication No. PZ -1566 from the City vacating alley Manager recommending that an ordinance be adopted vacating a 193.5 foot long by 16 foot wide alley right-of-way located between Lots 10 through 12 and 22 through 25, Block 27, Factory Place Addition, as recorded in Volume 204-A, Page 100, P.R.T.C.T. It was the consensus of the City Council that the recommendation be adopted. Introduced an Council Member Murrin 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 Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Members Zapata and Chappell M&C C-12033 re The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10466 10466 AN ORDINANCE VACATING, ABANDONING AND CLOSING Acme School AND EXTINGUISHING AN ALLEY RIGHT-OF-WAY LOCATED of Aeronautics, WITHIN THE FACTORY PLACE ADDITION TO THE CITY the basement OF FORT WORTH, TEXAS, SAID ALLEY RIGHT-OF-WAY of the Meacham BEING MORE SPECIFICALLY DESCRIBED HEREIN; expire on PROVIDING FOR REVERSION OF FEE IN SAID LAND; January 31, 1990, and Acme seeks to renew the leases for an additional one-year REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. M&C C-12032 re revenue on contract with There was presented Mayor and Council Communication No. C-12032 from the City Teague, Nall and Manager stating that a contract in the amount of $77,239.00 was awarded to Teague, Nall Perkins and Perkins on April 11, 1989, by Mayor and Council Communication No. C-11586 to design the reconstruction of Trinity Boulevard east of State Highway 360; that the contract was assigned City Secretary Contract No. 17076; that the scope of the project was to provide plans for reconstruction of Trinity Boulevard - East of State Highway 360 which would restore failed areas of pavement and reestablish the ride quality of the road; that research and base testing conducted by the engineering firm has revealed that the base failures exist far beyond areas now evident on the surface and it would be more practical and economical to reconstruct the entire boulevard at this time rather than do a "patch job" to the present damaged areas; that the engineering firm has agreed to do the additional testing and design work necessary to provide for full reconstruction at an additional cost of $13,200.00; stating that funds are available in Street Improvements Fund 67, Project No. 023207-00, Index Code 630202; and recommending that the City Manager be authorized to increase City Secretary Contract No. 17076 with Teague, Nall and Perkins by an amount of $13,200.00, for design services for reconstruction of Trinity Boulevard east of State Highway 360. It was the consensus of the City Council that the recommendation be adopted. M&C C-12033 re i i There was presented Mayor and Council Communication No. C-12033 from the City lease renewals Manager stating that, under City Secretary Contract Nos. 17081 and 17082, Acme School with Acme School of Aeronautics, Inc., leases 846 and 611 square feet of classroom space in the basement of Aeronautics, of the Meacham Airport Terminal; that the term of the two leases will expire on Inc. January 31, 1990, and Acme seeks to renew the leases for an additional one-year term; that the annual revenue on 846 square feet will be $4,585.32 and the annual revenue on 611 square feet will be $3,311.62 for a total amount of $7,896.94; and recommending Minutes of City Council N-3 Page 448 M&C C-12033 cont. M&C C-12034 re lease with Federal Aviation Administration M&C C-12034 adopte M&C C-12035 re lease renewal with Laurent and Bobbie Joe Jacquelin, as individuals M&C C-12036 re lease renewal with Imad T. Hage, an individual 449 that the City Manager be authorized to execute two lease renewals with Acme School of Aeronautics, Inc., for basement space in the Meacham Airport Terminal Building. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. C-12034 from the City Manager, as follows: SUBJECT: NEW LEASE - FEDERAL AVIATION ADMINISTRATION - AIR NAVIGATION AIDS - FORT WORTH SPINKS AIRPORT RECOMMENDATION: It is recommended that City Council authorize the City Manager to enter into a new lease with the Federal Aviation Administration for land, access, and utility easements at Fort Worth Spinks Airport for the purpose of installation of air navigation aids under the terms outlined below. DTSCIISSTON_ The Federal Aviation Administration (FAA) proposes to enter into an agreement with the City of Fort Worth for facility sites, access roads, and utility routes in order to install the air navigation aids for Runway 35L at Fort Worth Spinks Airport. Aids to be installed include a medium intensity approach lighting system with runway alignment indicator lights (MALSR), glide slope (GS) and middle marker (MM) facilities. Under the terms of the agreement, FAA will be granted land, access road easements, and utility route easements for the facilities. The area to be leased includes a 3,600 square feet glide slope site, a 480,000 square feet MALSR site, and a 44,000 square feet middle marker and RAIL site. FAA will pay no monetary consideration as it is mutually agreed that the rights extended to the Government are in consideration of the obligation assumed by the Government in its establishment, installation, operation, and maintenance of the facilities proposed upon the premises. Term of the contract will begin November 1, 1989 and end September 30, 1990; however, the lease may, at the option of the Government, be renewed from year to year, without notice, until September 30, 2010. The Government may, however, cancel the lease upon 30 days notice. FAA will pay for all costs associated with installation of the facilities, including the access routes, gates, and roads. The City of Fort Worth must pledge that no obstructions will be allowed to be constructed which will interfere with the installation, operation, or transmission of the equipment installed. Funding responsibility, in case of relocation, replacement, or modification of the facilities made necessary by airport improvements or changes which impair or interrupt the technical and/or operational characteristics of the facilities, will be at the expense of the City of Fort Worth. The terms and conditions of this proposed lease are routine and consistent with other contracts with FAA for air navigation aids at other airports, including Meacham Airport. At its meeting on November 16, 1989, the Aviation Advisory Board unanimously recommended City Council approval of the lease renewal. It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12034, be adopted. There was presented Mayor and Council Communication No. C-12035 from the City Manager stating that Pegasus Flight Center, Inc., assumed the lease on basement office space in the Meacham Airport Terminal Building from Horus Aircraft Leasing and Charter, Inc., City Secretary Contract No. 17089; that the lease will expire on January 31, 1990, and Pegasus seeks to renew the contract for an additional year; that the term of the lease renewal will begin on February 1, 1990, and end January 31, 1991; that the total annual revenue will be $3,138.18; and recommending that the City Manager be authorized to enter into a lease renewal with Laurent and Bobbie Jo Jacquelin, as individuals, and Pegasus Flight Center, Inc., for basement space at Fort Worth Meacham Airport. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. C-12036 from the City Manager stating that Imad T. Hage d/b/a Eagle International leases 430 square feet of carpeted office space located on the first floor of the Meacham Airport Terminal Building, City Secretary Contract No. 15695, as amended and extended by City Secretary Contract No. 16922; that the area is used as office and classroom for a flight training school; that the contract will expire on January 31, 1990, and the tenant seeks a one-year renewal; that term of the renewal will begin February 1, 1990, and end January 31, 1991; that the revenue for the 430 square feet of space will be $4,816.00; Minutes of City Council N-3 Page 449 450 TUESDAY, DECEMBER 12, 1989 M&C C-12036 cont. and recommending that the City Manager be authorized to enter into a lease renewal with Imad T. Hage, an individual, d/b/a/ Eagle International for first floor office space at Fort Worth Meacham Airport. It was the consensus of the City Council that the recommendation be adopted. M&C C-12037 re There was presented Mayor and Council. Communication No. C-12037 from the City contract with Manager submitting a proposed contract for the installation of community facilities to Ridglea Plaza Shopping Centre, serve Ridglea Plaza Shopping Centre; describing the proposed project cost and Ltd. financing; and recommending that the City Manager be authorized to execute a contract with Ridglea Plaza Shopping Centre, Ltd.; that the City Manager be authorized to reimburse the developer for the City's share of cost for storm draim improvements upon satisfactory completion of the same; and that a bond fund transfer in the amount of $5,000.00 be authorized from 90-136901-00, New Development Unspecified, to 90-136120-00, Ridglea Plaza Shopping Centre, to provide funds for right-of-way. It was the consensus of the City Council that the recommendations be adopted. M&C C-12038 re There was presented Mayor and Council Communication No. C-12038 from the City contract with Ablaze Construction Manager submitting a tabulation of bids received for construction of repairs and Company of Euless addition to the Yordanoff Building (Saddle and Sirloin Restaurant); and recommending that the City Manager be authorized to execute a contract with Ablaze Construction Company of Euless for construction of repairs and additions to the Yordanoff Building for $14,700.00, and approve the transfer of funds from Capital Projects Reserve Fund 10, Unspecified, Project No. 010001-00 to the Specially Funded Capital Project Fund 35, Project No. 161000-00, Yordanoff Building Addition in the amount of $18,000.00 to provide funds for the project. It was the consensus of the City Council that the recommendations be adopted. M&C C-12039 re approved change order No. 1 con- tract with Larry H. Jackson Con- struction Company, Inc. There was presented Mayor and Council Communication No. C-12039 from the City Manager, as follows: SUBJECT: PROPOSED CHANGE ORDER NO. 1 TO WHITE SETTLEMENT EAST OUTFALL SEWER RECOMMENDATION: It is recommended that the City Council: 1. Authorize a fund transfer in the amount of $4,873 from Water and Sewer Operating Fund 45, Account No. 70-90-20 to Sewer Capital Improvement Fund 58, Project No. 017060-00, White Settlement East Outfall Sewer; and 2. Authorize Change Order No. 1 in the amount of $4,872.80 to the contract for construction of the White Settlement East Outfall Sewer, revising the total contract cost to $134,419.90. RArvnpnimn- On August 15, 1989 (M&C C-11805), the City Council authorized the award of a contract to Larry H. Jackson Construction Company, Inc., for construction of the White Settlement East Outfall Sewer. During construction, it was discovered that two 24 -inch cast iron bends would be necessary to meet the design grade. Also, certain items were omitted from the contract document that are necessary to address actual field conditions. The contractor, Larry H. Jackson Construction Company, Inc., has agreed to perform this additional work for $4,872.80. The proposed changes are as follows: 2 Ea. 24 -inch MJ bends @ $1,485.40/EA. $2,970.80 30 L.F. Curb and gutter @ $25.00/L.F. 750.00 15 S.Y. Concrete paving @ $60.00/SY 900.00 42 S.F. Concrete Parking lot @ $6.00/S.F. 252.00 Total Change Order $4,872.80 The net effect of the proposed change order is as follows: Original Contract Cost $129,547.10 Proposed Change Order No. 1 4,872.80 Revised Contract Cost $134,419.90 The staff engineers of the Water Department have reviewed the proposed charges and found them reasonable for similar work. Minutes of City Council N-3 Page 450 451 TUESDAY, DECEMBER 12, 1989 M&C C-12039 cont. FINANCING: Sufficient funds are available to transfer from Water and Sewer Operating Fund 45, Account No. 70-90-20, Sewer Capital Project, Sewer Department. Upon approval and completion of Recommendation No. 1 in the amount of $4,873.00, sufficient funds will be available in Sewer Capital Improvement Fund 58, Project No. 017060-00, White Settlement East Outfall Sewer. Expenditures will be made from Index Code 658815. M&C C-12039 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12039, be adopted. M&C C-12040 re There was presented Mayor and Council Communication No. C-12040 from the City approved change Manager, as follows: order no. 2 con- tract with Larry SUBJECT: PROPOSED CHANGE ORDER NO. 2 TO WATER AND SEWER H. Jackson, Inc. REPLACEMENTS IN LILAC STREET, COLLEGE AVENUE, GRAINGER STREET AND SOUTH JENNINGS AVENUE RECOMMENDATION: 11 It is recommended that the City Council: 1. Authorize a fund transfer in the amount of $2,000 from Water Capital Improvement Fund 53, Project No. 015901-00, Unspecified to Water Capital Improvement Fund 53, Project No. 017075-00, Water Replacement Lilac, College, Grainger and South Jennings; and 2. Authorize Change Order No. 2 in the amount of $1,919 to the contract for construction of water and sewer replacements in Lilac Street, College Avenue, Grainger Street and South Jennings Avenue revising the total contract cost to $283,014.80. RACKGRnl1Nn- On May 16, 1989 (M&C C-11645), the City Council authorized the award of a contract to Larry H. Jackson Construction, Inc., for water and sewer line replacements in Lilac Street, College Avenue, Grainger Street and South Jennings Avenue. PROJECT NOS.: 53-017075-00 58-017048-00 PROPOSED CHANGE ORDER: During construction it was discovered that the elevation for the 16 -inch concrete cylinder pipe was too shallow to set the 16 -inch gate valve. After redesign of the pipe, it was determined that two (2) 11-1/4 degree bends and pipe fittings would be necessary to complete the project. The contractor, Larry H. Jackson Construction, Inc., has agreed to perform this additional work for $1,919. The proposed change is as follows: Add (2) 11-1/4 degree bends and Necessary concrete pipe fittings @ Lump Sum $1,919.00 The net effect of the proposed change order is as follows: Original Contract Cost $279,595.80 Change Order No. 1 1,500.00 Proposed Change Order No. 2 1,919.00 Revised Contract Cost $283,014.80 The staff engineers of the Water Department have reviewed the proposed charge and found it reasonable for similar work. FINANCING: Sufficient funds are available to transfer from Water Capital Projects Fund 53, Project No. 015901-00, Unspecified. Upon approval and completion of Recommendation No. 1, in the amount of $2,000.00, sufficient funds will be available in Water Capital Projects Fund 53, Project No. 017075-00, Water Replacement Lilac, College, Grainger and South Jennings. Expenditures will be made from Index Code 620153. M&C C-12040 adopte It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12040, be adopted. M&C C-12041 re There was presented Mayor and Council Communication No. C-12041 from the City approved change Manager, as follows: order no. 2 con- tract with Hall - Albert Constructio Company Minutes of City Council N-3 Page 451 452 TUESDAY, DECEMBER 12, 1989 M&C C-12041 cont. SUBJECT: PROPOSED CHANGE ORDER NO. 2 TO 8 -INCH AND 16 -INCH WATER MAIN REPLACEMENT IN HARTWOOD DRIVE RECOMMENDATION: M&C C-12041 adoptee M&C C-12042 re contract with Huitt-Zollars, Inc. It is recommended that the City Council: 1. Authorize a fund transfer in the amount of $811 from Water Capital Projects Fund 53, Project No. 015901-00, Unspecified to Water Capital Projects Fund 53, Project No. 017084-00, Water Main Replacement in Hartwood Drive; and 2. Authorize Change Order No. 2 in the amount of $811 to the contract for construction of 8 -inch and 16 -inch water main replacement in Hartwood Drive, revising the total contract cost to $273,551.50 and adding 29 working days to the time for completion. RACKGROUND On March 21, 1989 (M&C C-11523), the City Council authorized the award of a contract to Hall -Albert Construction Company for construction of 8 -inch and 16 -inch water main replacements in Hartwood Drive. PROJECT NO.: 53-017084-00 PROPOSED CHANGE ORDER: During construction it was discovered that an existing 24 -inch by 16 -inch reducer will have to be removed in order to connect to the existing 16 -inch pipe. Also, numerous delays not due to the contractor caused a time extension to be requested. The contractor, Hall -Albert Construction Company, has agreed to perform this additional work for $811.00 and 29 additional working days. The proposed change is as follows: Remove 24 -inch x 16 -inch Reducer and add extra closure section @ Lump Sum $811.00 The net effect of the proposed change order is as follows: Original Contract Cost $270,460.50 Change Order No. 1 2,280.00 Proposed Change Order No. 2 811.00 Revised Contract Cost 273,551.50 The staff engineers of the Water Department have reviewed the proposed change and found it reasonable for similar work. FINANCING: Sufficient funds are available to transfer from Water Capital Projects Fund 53, Project No. 015901-00, Unspecified. Upon approval and completion of Recommendation No. 1 in the amount of $811.00, sufficient funds will be available in Water Capital Projects Fund 53, Project No. 017084-00, Water Main Replacement in Hartwood Drive. Expenditures will be made from Index Code 620153. It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12041, be adopted. There was presented Mayor and Council Communication No. C-12042 from the City Manager stating that a low water crossing on Northwest 19th Street, between Lydon and Macie Street, was washed out causing flooding of adjacent properties; that, on December 16, 1986, the City Manager was authorized to execute a contract with Huitt-Zollars, Inc., City Secretary No. 15504, for design of street and storm drain improvements to Northwest 19th Street; that it was determined improvements also would have to be done to Macie Street; that the design of the street and channel improvements now has been completed; that, on October 17, 1989, by Mayor and Council Communication No. C-11941, the City Manager was authorized to execute a construction contract for street improvements and a portion of the proposed channel improvements within this project; that, however, in order for the proposed storm drain system to function properly, an upstream detention pond will have to be designed and ultimately constructed; that some related street and storm drain improvements also need to be designed to complement the detention pond; that Huitt-Zollars, Inc., has agreed to do the necessary work for a total amount of $21,700.00; and recommending that the City Manager be authorized to execute a contract with Huitt-Zollars, Inc., 6500 West Freeway, Suite 706, Fort Worth, Texas 76116, in the amount of $21,700.00 for the design of Northwest 19th and Macie Street Drainage Improvements Phase II, and for the design of a detention pond for the Northwest 19th and Macie Street drainage area; and authorize a bond fund transfer in the amount of $21,700.00 from 67-095901-00, Minutes of City Council N-3 Page 452 453 TUESDAY, DECEMBER 12, 1989 M&C C-12042 cont. Engineering Unspecified, to 67-028843-00, Northwest 19th and Macie Street Drainage and adopted Improvements Phase II, to provide funds for additional engineering work. It was the Sansom k consensus of the City Council that the recommendations be adopted. M&C C-12043 re agreement with There was presented Mayor and Council Communication No. C-12043 from the City Freese and Nichols, Manager stating that the Village Creek Wastewater Treatment Plant currently is Inc. undergoing expansion and modifications to increase the plant treatment capacity and to upgrade treatment capabilities to meet more stringent requirements; that included in current construction projects are the additions of two primary clarifiers, bar screens, and parallel influent line in accordance with the Phase IIC Expansion outlined in the 1983 Facility Plan; that Phase IIC Expansion included the addition of a primary effluent pump to lift the flows to the aeration basins; that the 'Water Department recommends an engineering predesign evaluation be performed in order to determine the M&C C-12045 re contract with CDC scope of the project required to provide adequate capacity in the primary area and thus Contractors avoid potential flooding of the area; and recommending that the City Manager be authorized to execute an agreement with Freese and Nichols, Inc., for the performance of an engineering analysis of primary effluent storm water pumping improvements at Village Creek Wastewater Treatment Plant and that a bond fund transfer in the amount of $75,000.00 be authorized from Sewer Capital Project Fund 56, Project No. 014901-00, Miscellaneous Mains to Sewer Capital Improvement Fund 56, Project No. 022004-00, Investigation of Primary and Storm Pumping Improvements at Village Creek Wastewater M&C C-12046 re contract with the with Treatment Plant. It was the consensus of the City Council that the recommendations be firm of Hwi firmo adopted. M&C C-12044 re lease agreement t There was presented Mayor and Council Communication No. C-12044 from the City with the City the Manager stating that the City of Sansom Park is in need of a fire pump apparatus to Sansom k protect property and improvements in the community as well as the immediate surrounding area; that the City of Fort Worth Fire Department owns a 1969 American LaFrance pumper which has been declared surplus relative to the department's day-to-day operations and which meets the needs of Sansom Park; that Sansom Park has agreed to lease this pumper from the City of Fort Worth for a five-year period, at an annual cost of $500.00; that no expenditure of City funds will be required; and recommending that the City Manager be authorized to enter into a five-year lease agreement with the City of Sansom Park for the purpose of leasing one American LaFrance fire department pumper at a cost of $500.00 per year. It was the consensus of the City Council that the recommendation be adopted. M&C C-12045 re contract with CDC There was presented Mayor and Council Communication No. C-12045 from the City Contractors Manager submitting a tabulation of bids received for the construction of Greenbriar Recreation Center addition; stating that funds are available in Park and Recreation Fund 05, Project No. 042002-00, Index Code 625517; and recommending that the City Manager be authorized to execute a contract with CDC Contractors for construction of the addition to Greenbriar Recreation Center for $162,340.00, including base bid and Alternate Nos. 1 and 2. It was the consensus of the City Council that the recommendation be adopted. M&C C-12046 re contract with the with There was presented Mayor and Council Communication No. C-12046 from the City firm of Hwi firmo Manager stating that a contract with the firm of Heard, Goggan, Blair, Williams and Goggan, Blair, Harrison was authorized on December 2, 1987, by Mayor and Council Communication and Williams No. C-10725 for the performance of collection services for the City for two years with a City option to renew for two subsequent two-year periods under the same terms and conditions; that, under this contract, the firm collects delinquent tax accounts, paving, weeds, demolition, sales tax, improvement district and hotel occupancy accounts; that the firm also files bankruptcy claims; that all costs of the operation are borne by the firm and the firm is paid on a percent -of -collection basis as set by State Code (tax accounts) or the contract (other accounts); that, since the City has contracted with Heard, Goggan, Blair and Williams, the firm has established and maintained an aggressive delinquent collection program which is well coordinated with City staff efforts; that delinquent collections have increased each year of the contract; and recommending that the City Manager be authorized to exercise option on a two-year renewal of City Secretary Contract No. 16174 with the firm of Heard, Goggan, Blair and Williams for the collection of delinquent taxes and certain other accounts. On motion of Council Member Murrin, seconded by Mayor Pro tempore Gilley, the recommendation was adopted. M&C C-12047 re There was presented Mayor and Council Communication No. C-12047 from the City engineering agree- Manager, as follows: ment with Freese SUBJECT: ENGINEERING AGREEMENT FOR THE VILLAGE CREEK WASTEWATER and Nichols, Inc. TREATMENT PLANT 24 MGD EXPANSION, PHASE II -B, CONSTRUCTION MANAGEMENT (FREESE AND NICHOLS, INC.) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering agreement with Freese and Nichols, Inc., for the construction management of the 24 MGD Expansion, Phase IIB for a total fee not to exceed $1,134,806. PROJECT NO.: 42-022001-00 Minutes of City Council N-3 Page 453 454 TUESDAY, DECEMBER 12, 1989 M&C C-12047 cont. DESCRIPTION: On May 13, 1986 (M&C C-9651), the City Council authorized the execution of an engineering agreement with Freese and Nichols, Inc., to design the 24 MGD, Phase II Expansion of the Village Creek Wastewater Treatment Plant. This expansion is divided into three phases: Phase II -A Effluent Filter Area Phase II -B Aeration Area Phase II -C Primary Area Phase II -A, consisting of filters, chlorine contact basins, final effluent pump station, chlorine feed binding, and expansion of the existing chlorine contact basin is presently under construction. Phase II -B consists of: Three Final Clarifiers Two Aeration Basins Return Sludge Pump Station Dechlorination Facilities The design of the Phase II -B facilities is complete. The estimated construction cost for Phase II -B is $19,917,000. The bid opening for Phase II -B is scheduled for December 14, 1989. NEED FOR A CONSULTANT: Freese and Nichols, Inc., proposes to provide construction management services during the construction phase of the project as follows: I. Construction Representation Provide an on-site construction management team to administer the contract, including the provision of a full-time registered professional engineer on the jobsite. The services include establishing contract administration procedures, surveying, schedule preparation and updates, construction observation and a final report.** II. Office Engineering The services to be provided include bid assistance, project management, review of contractor submittals, preparation of change orders, record drawings and 0&M manual. Freese and Nichols, Inc., has complied with the City's MBE/WBE Policy. FINANCING: This project will be financed through the State Revolving Fund 42, Project No. 016901-00, Unspecified State Revolving Fund and transferred to Project No. 022001-00, VCWWTP 24 MGD Expansion, Phase IIB, Construction Management. Expenditures will be made from Index Code 677856. ** This contract does not include geotechnical testing services which will also be required for Phase II -B construction. Mayor Pro tempore Gilley advised the City Council he has a conflict with voting on Mayor and Council Communication No. C-12047 and, on motion of Council Member Murrin, seconded by Council Member Webber, Mayor Pro tempore Gilley was permitted to abstain from voting on Mayor and Council Communication No. C-12047. Council Member Murrin made a motion, seconded by Council Member McCray, that the recommendations, as contained in Mayor and Council Communication No. C-12047, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Council Members Garrison, Granger, McCray, and Webber NOES: None ABSENT: Council Members Zapata and Chappell NOT VOTING: Mayor Pro tempore Gilley &C C-12048 re ontract with There was presented Mayor and Council Communication No. C-12048 from the City alt Williams ! Manager submitting a tabulation of bids received for the water main replacement and onstruction, Inc. street improvements to Main Street from West Berry Street to Mulkey Street; submitting the proposed financing for the project; and recommending that the City Council: Minutes of City Council N-3 Page 454 M&C C-12048 cont. TUESDAY, DECEMBER 12, 1989 1. Approve the following bond fund and fund transfers: FROM TO 67-040901-00 67-040163-00 Inner City May Street, West Streets Berry Street to Unspecified Mulkey Street 94-009905-00 67-017120-00 Special May Street, Assessments Water Main Unspecified 45-60-90-20 53-017120-00 Water and May Street, Sewer Water Main Operating 76-206081-35 76-206081-41 Twelfth Year May Street, West CDBG Inner Berry Street to City Streets Mulkey Street AMOUNT REASON $304,870.44 To provide funds for the City's share of const- ruction cost. $103,670.00 To provide funds for Water Main Replacement. $ 10,000.00 To provide funds for inspection and survey. $ 55,270.19 To provide funds for street im- provements. 2. Authorize the City Manager to execute a contract with Walt Williams Construction, Inc., in the amount of $472,137.93 based on its low bid for the water main replacement and street improvements to May Street, West Berry Street to Mulkey Street. 455 M&C C-12048 adopte On motion of Mayor Pro tempore Gilley, seconded by Council Member Garrison, the Eastwood re recommendations were adopted. M&C FP -2639 re final payment to There was presented Mayor and Council Communication No. FP -2639 from the City Tex-Struct, Inc. Manager stating that the contract with Village Creek Wastewater Treatment Plant, Sludge Management Project, Phase I -B-3, Intermediate Pipelines (CIP 1985-86) has been Z-89-112 cont. completed in accordance with plans and specifications under Contract No. 17027 awarded until January 92 to Tex-Struct, Inc., on March 16, 1989; and recommending that the City Council accept 1990 as complete the contract for Village Creek Wastewater Treatment Plant, Sludge Management Project, Phase I -B-3, Intermediate Pipelines and authorize final payment in the amount of $64,891.09 to Tex-Struct, Inc., with funds available in Grant Fund 76, Retainage No. 205-017027, Index Code 000760. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2640 re final payment to There was presented Mayor and Council Communication No. FP -2640 from the City Austin Paving Manager stating that the contract for Street Paving Repair of Utility Cuts, Company Contract VIII has been completed in accordance with plans and specifications under Contract No. 17091 awarded to Austin Paving Company on May 16, 1989; and recommending that the City Council accept as complete the contract for Street Paving Repair of Utility Cuts, Contract VIII and authorize final payment in the amount of $44,048.60 to Austin Paving Company, with funds available in Water and Sewer Operating Fund 45, Retainage No. 205-017091 and Contract Encumbrance No. 017091, Index Codes 000455 and 391177, respectively. It was the consensus of the City Council that the recommendations be adopted. Zoning Hearing It appearing to the City Council that Resolution No. 1485 was adopted on November 21, 1989, setting today as the date for hearing in connection with recommended changes and amendments to Zoning Ordinance No. 3011 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 24, 1989, Mayor Bolen asked if there was anyone present desiring to be heard. Mr. Willie H. Mr. Willie H. Eastwood, applicant for a change in zoning of property located Eastwood re at 800-812 North Sylvania Avenue from "E" Commercial to "F -R", Zoning Docket Z-89-101 No. Z-89-101, appeared before the City Council and requested that the City Council give favorable consideration to the recommended change in zoning. Council Member Murrin made a motion, seconded by Council Member Garrison, Z-89-112 cont. that the hearing in connection with the application of Lois Jeane Davis for change in until January 92 zoning of property located at 1807 Tremont Avenue from "B" Two -Family to "PD -SU" 1990 Planned Development/Specific Use/General Offices; to retain the existing residential structure and character; requiring that all parking be placed in the rear yard; and to retain the landscaped front yard, Zoning Docket No. Z-89-112, be continued from day to day and time to time and especially to the City Council meeting of January 9, 1990, to give every interested person or citizen opportunity to be heard. When the motion was put to a vote by the Mayor, it prevailed unanimously. jThere being no one else present desiring to be heard in connection with recommended changes and amendments to Zoning Ordinance No. 3011, Mayor Pro tempore Gilley made a motion, seconded by Council Member McCray, that the hearing be closed and that the recommended changes in zoning be approved, as follows: Minutes of City Council N-3 Page 455 456 TUESDAY, DECEMBER 12, 1989 Z-89-091 Z-89-091 NATIONAL ADVERTISING CO., by Woody A. Barnes for. Riverside Electronics D/B/A Sign Company 2351 North Freeway I.H. #35W "K" Heavy Industrial to "K" Heavy Industrial/"S" Sign Subdistrict Z-89-101 Z-89-101 WILLIE H. EASTWOOD 800-812 North Sylvania Avenue "E" Commercial to "F -R" Restricted Commercial Z-89-103 Z-89-103 JIMMY H. MURRAY 2614 Azle Avenue "E" Commercikal to "F -R" Restricted Commercial Z-89-104 Z-89-104 MARTHA McPHERSON 1609 Harrington Avenue "B" Two -Family to "B" Two-Family/"HC" Historic and Cultural Subdistrict Z-89-105 Z-89-105 MRS. J.L. TANGNEY 2425 North Edgewood Terrace "A" One -Family to a "A" One-Family/"HC" Historic and Cultural Subdistrict Z-89-106 Z-89-106 MR. AND MRS. CHARLES R. DeBOLT 2214 Fairmount Avenue "B" Two -Family to "B" Two-Family/"HC" Historic and Cultural Subdistrict Z-89-107 Z-89-107 CHEREE' L. SMITH 1800 Sixth Avenue "B" Two -Family to "B" Two-Family/"HC" Historic and Cultural Subdistrict Z-89-108 Z-89-108 BETTY JUNE SHELVEY 2235 Fifth Avenue "B" Two -Family to "B" Two-Family/"HC" Historic and Cultural Subdistrict Z-89-111 Z-89-111 URCARCO, by Rickey Strickland 3236 Alta Mere Drive "E" Commercial to "F -R" Restricted Commercial Z-89-113 Z-89-113 WEDGWOOD VILLAGE ASSOCIATES, LTD., by Jeff Noebel 5264 Trail Lake Drive "E" Commercial to "PD -SU" Planned Development/Specific Use to permit all uses allowed in the "E" Commercial District, plus the sale of used furniture, furniture warehousing, and minor auto repairs, with no outdoor storage or display. Waiver of site plan recommended. Z-89-114 Z-89-114 THE RYAN COMPANIES, by Dunaway Associates, Inc. River Park Drive, east of Southwest Boulevard S.H. #183) "G" Commercial to "D" Multi -Family At this time, Mayor Bolen excused himself from the council table and Mayor Pro tempore Gilley assumed to the chair. Mr. Pedro Rodriguez! Mr. Pedro Rodriguez, applicant for a change in zoning located at 904 West re Z-89-102 Northside Drive from E Commercial to F -R Restricted Commercial, Zoning Docket No. Z-89-102, which application was recommended by the City Zoning Commission for denial, appeared before the City Council and requested another hearing on Zoning Docket No. Z-89-102. -89-102 cont. for ne week enial of Z-89-109 nd Z-89-110 Council Member Murrin made a motion, seconded by Council Member Webber, that consideration of the request of Mr. Pedro Rodriguez for another hearing on Zoning Docket No. Z-89-102 be continued for one week. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Council Member Murrin made a motion, second by Council Member Garrison, that the recommendations of the City Zoning Commission for denial of the application of Haydn and Cutter for a change in zoning of property located at 2524 Oakland Blvd. (2525 Sargent Street) from "E" Commercial to "PD/SU" Plan Development/Specific Use to permit Minutes of City Council N-3 Page 456 45'7 TUESDAY, DECEMBER 12, 1989 Council Member Webber made a motion, seconded by Council Member Garrison, that the recommendation of the City Zoning Commission for the denial of the application of Joe W. Teal for a change in zoning of property located at 1503-1517 East Vickery Boulevard from "F" Commercial to "I" Light Industrial, Zoning Docket No. Z-89-110, be upheld. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Council Member. Webber requested that Assistant City Manager Ramon Guajardo investigate the possibility of using federal funds for relocation of the business of Mr. Joe W. Teal in an industrial zoned area. Introduced an Ordinance Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be 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 Pro tempore Gilley; Council Members Garrison, Granger McCray, Murrin, and Webber NOES: None ABSENT: Mayor Bolen; Council Members Zapata and Chappell The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10468 10468 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 3011, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS AND SHOWING SUCH DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 6. That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than One Thousand Dollars ($1,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Mr. John Bailey Mr. John Bailey Cook, 7108 Serrano Drive, appeared before the City Council Cook re Appointmen regarding the appointment of Mr. David Ivory as City Manager and stated that, in his of Mr. David Ivory Minutes of City Council N-3 Page 457 all uses allowed in the E Commercial district and the sale of used furniture with Denial of Z-89-109 waiver of site plan recommended, Zoning Docket No. Z-89-109, and the application of Joe and Z-89-110 cont. W. Teal for a change in zoning of property located at 1503-1517 East Vickery Blvd. from F Commercial to "I" Light Industrial, Zoning Docket No. Z-89-110, be upheld. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Denial of Z-89-110 Council Member Murrin made a motion, seconded by Council Member Granger, that the vote on Zoning Docket No. Z-89-110 on the application of Joe W. Teal for a change in zoning of property located at 1503-1517 East Vickery Blvd. from "F" Commercial to "I" Light Industrial be reconsidered. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Mr. James Lee, Mr. Mr. James Lee, 4001 Pate Drive; Mr. Henry Jenkins, 1528 East Vickery; and Mr. Henry Jenkins, Lawrence Slack, 1507 East Vickery, appeared before the City Council and expressed and Mr. Lawrence support of the application of Joe W. Teal for a change in zoning of property located at Slack re Z-8 9-110 1503-1517 East Vickery Blvd. from "F" Commercial to "I" Light Industrial, Zoning Docket No. Z-89-110. Council Member Webber made a motion, seconded by Council Member Garrison, that the recommendation of the City Zoning Commission for the denial of the application of Joe W. Teal for a change in zoning of property located at 1503-1517 East Vickery Boulevard from "F" Commercial to "I" Light Industrial, Zoning Docket No. Z-89-110, be upheld. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Council Member. Webber requested that Assistant City Manager Ramon Guajardo investigate the possibility of using federal funds for relocation of the business of Mr. Joe W. Teal in an industrial zoned area. Introduced an Ordinance Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be 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 Pro tempore Gilley; Council Members Garrison, Granger McCray, Murrin, and Webber NOES: None ABSENT: Mayor Bolen; Council Members Zapata and Chappell The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10468 10468 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 3011, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS AND SHOWING SUCH DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 6. That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than One Thousand Dollars ($1,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Mr. John Bailey Mr. John Bailey Cook, 7108 Serrano Drive, appeared before the City Council Cook re Appointmen regarding the appointment of Mr. David Ivory as City Manager and stated that, in his of Mr. David Ivory Minutes of City Council N-3 Page 457 458 r. John Bailey ook cont. r. Robert Snoke e Appointment of r. David Ivory r. Will Williamsor e Appointment of r. David Ivory r. Paul Austin e Appointment of r. David Ivory r. James Toal re ppointment of Mr. avid Ivory r. Ed McLaughlin e Appointmentof r. David Ivory rs. Nancy Runyon e requesting a oan to pay her tility bill et in closed r executive ession econvened into egular session onsent agenda re- onsidered &C G-8252 be re- oved from consent genda &C G-8352 be ithdrawn from the genda evised consent genda approved djourned Tuesday, December 12, 1989 opinion, the City Council's approval of Mr. Ivory as City Manager is perceived as almost being unethical. Mr. Robert Snoke, Chairman of the Rosemont Neighborhood Association, 3826 6th Avenue, appeared before the City Council and expressed support of Mr. David Ivory as City Manager. . Mr. Will Williamson, 5424 Odom Avenue, appeared before the City Council and expressed his support of Mr. David Ivory as City Manager. Mr. Paul Austin, 4141 6th Avenue, appeared before the City Council and expressed his support of Mr. David Ivory as City Manager. Mr. James Toal, 902 South Jennings, appeared before the City Council and expressed his support of Mr. David Ivory as City Manager. Mr. Ed McLaughlin, 5516 Full Moon Drive, appeared before the City Council regarding his perception of the objectivity of a local newspaper regarding the appointment of Mr. David Ivory as City Manager. Mrs. Nancy Runyon, 368 Foch, appeared before the City Council and requested the loan of $415.00 to pay her utility bills. It was the consensus of the City Council that the City Council meet in closed or executive session to discuss the lease and value of real property which the Koch Refining Company desires to utilize for a products pipeline, as authorized by Section 2(f), Article 6252-17, V.A.C.S., which public discussion of such item would have a detrimental effect on negotiating positions of the City as between a third person, firm, or corporation, and to receive the advice of its attorney concerning the pending or contemplated litigation of R. B. Williams et al v. City of Fort Worth, No. 2 -87 -249 -CV as authorized by Section 2(e) Article 6252-17, V.A.C.S. The City Council reconvened into regular session with seven members present and Council Members Zapata and Chappell absent, at which time the following business was transacted. Mayor Pro tempore Gilley made a motion, seconded by Council Member Murrin, that the consent agenda be reconsidered. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mayor Pro tempore Gilley made a motion, seconded by Council Member Murrin, that Mayor and Council Communication No. G-8252, Adoption of Ordinance Approving Revised Articles of Incorporation of DFW Airport Facility Improvement Corporation, be withdrawn from the consent agenda. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mayor Pro tempore Gilley made a motion, seconded by Council Member Murrin, that Mayor and Council Communication No. G-8352, Adoption of Ordinance Approving Revised Articles of Incorporation of DFW Airport Facility Improvement Corporation, be withdrawn from the agenda. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mayor Pro tempore Gilley made a motion, seconded by Council Member Murrin, that the revised consent agenda be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. There being no further business, the CITY SECRETARY Minutes of City Council N-3 Page 458