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HomeMy WebLinkAbout1989/12/19-Minutes-City Councilouncil Met lembers present CITY COUNCIL MEETING DECEMBER 19, 1989 On the 19th 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 Louis J. Zapata, William N. Garrison, Kay Granger, Eugene McCray, Steve Murrin, Jr., Virginia Nell Webber, and David Chappell; City Manager David Ivory; City Attorney Wade Adkins; City Secretary Ruth Howard; with more than a quorum present, at which time the following business was transacted: Minutes of City Council N-3 Page 458 459. TUESDAY, DECEMBER 19, 1989 Invocation Council Member Garrison nominated Mr. Rabbi Ralph Mecklenberger of Temple Beth E1 gave the invocation. Pledge of Appt. of Allegiance The Pledge of Allegiance was recited. Minutes of December On motion of Mayor Pro tempore Gilley, seconded by Council Member Murrin, the 12, 1989 approved minutes of the meeting of December 12, 1989, were approved. AHC for Mr. Billy An Honorary Citizenship Certificate was presented to Mr. Billy Drewnianka, Drewnianka from Foreign Exchange Student from New South Wales, Australia. New South Wales, Aviation (Australia Messrs. Wayne Pinkerton and Benny Simpson, representing the Honorable John Wayne Pinkerton and Benny Simpson Beaty, Jr., Mayor of Comanche, Texas, presented a proclamation to Mayor Bob Bolen in pre- honor and in recognition of his contributions to the cities of Texas and as President sented a proclama- of the National League of Cities. tion to Mayor Bob Bolen A Certificate of Achievement for Excellence in Financial Reporting from the Certificate of Government Finance Officers Association was presented to Mr. Judson Bailiff, Finance Achievement for Director. Etcellence in of Finance give to _ -The Honorable Garfield Thompson, representing the Texas House of Mr. Judson Bailiff Representatives, Tarrant County Legislators, presented a resolution adopted in honor of The Honorable Gar- Mayor Bolen. field Thompson pre- put to a sented a resolution City Manager Ivory requested that Mayor and Council Communication Withdrew M&C L-9991 Nos. L-9991 and P-3915 be withdrawn from the agenda and that Mayor and Council and P-3915 from Communication No. G-8363 be continued until after executive session. agenda and M&C G- 8363 be cont. until Council Member Chappell requested that Mayor and Council Communication after executive No. P-3901 be withdrawn from the agenda. session M&C P-3901 with- City Manager Ivory requested that Mayor and Council Communication drawn from agenda Nos. P-3888, P-3901, and P-3884 be withdrawn from the consent agenda and that Council M&C P-3888, P- consider Item No. 1 on P-3884 and delay action on Item No. 2 on P-3884 until January 2 3901, and P-3884 or January 9, 1990. withdrawn from con- sent agenda and Council Member Zapata requested that Mayor and Council Communication Item No. 1 on P- No. G-8361 be withdrawn from the consent agenda. - 3884 consider and delay action on Mayor Pro tempore Gilley requested that Mayor and Council Communication Item No. 2 on M&C No. C-12053 be withdrawn from the consent agenda. P-3884 until 1-2-9 or 1-9-90 Council Member Chappell requested that Mayor and Council Communication Withdrew M&C No. Nos. P-3898 and P-3910 be withdrawn from the consent agenda. G-8361 from consent agenda City Secretary Howard advised City Council of addendum placing Items 3, 4, Withdrew M&C C- and 5 under Presentation by the City Secretary on the consent agenda. 12053 from consent agenda On motion of Council Member Murrin, seconded by Council Member Zapata, the Withdrew M&C P- revised consent agenda was approved. 3898 and P-3910 from consent agenda Mayor Bolen nominated Mr. Bill Warren to serve on the Private Industry Revised consent Council and made a motion, seconded by Council .Member Garrison, that Mr. Bill Warren be agenda approved appointed to Seat No. 9 on the Private Industry Council, representing Hurst-Euless- Appt. of Bill Bedford Chamber of Commerce. When the motion was put to a vote by the Mayor, it Warren to PIC prevailed unanimously. Mayor Bolen nominated Mr. James Lattimore and Mr. Julius Carter to serve on Appt. of James the Housing Authority of the City of Fort Worth and made a motion, seconded by Mayor Lattimore and Pro tempore Gilley, that Mr. James Lattimore and Julius Carter be reappointed to the Julius Carter to Housing Authority of the City of Fort Worth with a term of office expiring January 31, Housing Authority 1992. When the motion was put to a vote by the Mayor, it prevailed unanimously. No council meeting Mayor Bolen announced that there is no regularly scheduled City Council December 26, 1989 meeting to be held on December 26, 1989. M&C OC S-5 6 There was presented Mayor and Council Communication No. OCS-56 recommending Resolution adoption" - zoning hearing for that a resolution be adopted setting the regularly scheduled g g January 9, 1990. On motion of Mayor Pro tempore Gilley, seconded by Council Member Chappell, the recommendation was adopted. Introduced a Mayor Pro tempore Gilley introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: Minutes of City Council N-3 Page 459 Council Member Garrison nominated Mr. Neil Anderson for membership on the Appt. of Neil Aviation Advisory Board and made a motion, seconded by Council Member Chappell, that Anderson to Mr. Neil Anderson be reappointed to the Aviation Advisory Board in Place 3 for a term Aviation Advisory of office expiring October 1, 1991. When the motion was put to a vote by the Mayor, it Board prevailed unanimously. :a Council Member Chappell made a motion, seconded by Council Member Murrin, Resignation Resignation of that the resignation of Mr. Earl Goez from the Private Industry Council be accepted Earl Goez from PIC with regrets. When the motion was put to a vote by the Mayor, it prevailed unanimously. No council meeting Mayor Bolen announced that there is no regularly scheduled City Council December 26, 1989 meeting to be held on December 26, 1989. M&C OC S-5 6 There was presented Mayor and Council Communication No. OCS-56 recommending Resolution adoption" - zoning hearing for that a resolution be adopted setting the regularly scheduled g g January 9, 1990. On motion of Mayor Pro tempore Gilley, seconded by Council Member Chappell, the recommendation was adopted. Introduced a Mayor Pro tempore Gilley introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: Minutes of City Council N-3 Page 459 460 AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: RESOLUTION NO. 1493 Resolution No. A RESOLUTION PROVIDING FOR A PUBLIC HEARING TO 1493 BE HELD IN THE CITY COUNCIL CHAMBERS AT THE MUNICIPAL BUILDING IN THE CITY OF FORT WORTH, TEXAS, ON JANUARY 9, 1990, AT 10:00 A.M., FOR THE PURPOSE OF CONSIDERING THE PROPOSED CHANGES AND AMENDMENTS TO ORDINANCE NO. 3011, AS AMENDED, WHICH IS THE COMPREHENSIVE ZONING ORDINANCE OF SAID CITY, AND PROVIDING THAT SAID HEARING MAY CONTINUE FROM DAY TO DAY UNTIL EVERY INTERESTED PARTY AND CITIZEN HAS HAD A FULL OPPORTUNITY TO BE HEARD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That at 10:00 O'clock A.M., Tuesday, January 9, 1990, the City Council of the City of Fort Worth, which is the legislative body of said City, will hold a public hearing in the Council Chambers at the Municipal Building for the purpose of considering changes and amendments to Ordinance No. 3011, as amended, the Comprehensive Zoning Ordinance of said City. The purpose of said hearing is to determine whether or not said Ordinance No. 3011, as amended, should be amended so that the zoning classification of the following areas shall be changed as hereinafter described. Z-89-116 BEING a tract of land in the Perry Anderson Survey, Abstract No. 32, situated in Tarrant County, Texas, as described in Volume 7393, Page 1281, D.R.T.C.T., and being more particularly described by metes and bounds as follows; BEGINNING at the intersection of the north line of East Rosedale Street and the west line of Wallace Street in the City of Fort Worth, Texas; THENCE S 89051'17" W, 305.38 feet along the north line of said East Rosedale Street to a nail in same; THENCE N 83022'06" W, 52.79 feet to an iron pin in said north line at its intersection with the east line of Ayers Street; THENCE N 00004'35" W, 17.00 feet along said east line to an iron pin in same, said point being in a curve to the left having a radius of 1,282.08 feet; THENCE northerly with said east line and with said curve whose long chord bears N 02019'35" W, 100.67 feet a distance of 100.69 feet to an iron pin in same; THENCE N 04029'16" W, 132.40 feet along said east line to a "Y" cut in concrete in same, said point being the PC of a curve to the right having a radius of 1,263.08 feet; THENCE with said east line and said curve whose long chord bears N 00°12'18" E, 12.41 feet, a distance of 12.41 feet to a "Y" cut in concrete in the south line of Lot 5 of Joe Booth Subdivision, as shown in Volume 388-D, Page 81, P.R.T.C.T.; THENCE S 89056'56" E, 246.49 feet to an iron pin at the southeast corner of said Lot 5 of said Subdivision; THENCE N 00002'04" W, 149.00 feet to an iron pin in the east line of Lot 3 of said Subdivision; THENCE N 89056'27" E, 125.61 feet to an iron pin in the west line of Wallace Street; THENCE S 00001'54" E, along said west line 416.22 feet to the POINT OF BEGINNING. Minutes of City Council N-3 Page 460 461 TUESDAY, DECEMBER 19, 1989 Resolution No. (3705, 3709 and 3713 East Rosedale Street) 1493 Recommended from "E" Commercial and "I" and "J" Light Industrial to "E" Commercial Z-89-117 Lot 1, Block 12, Home Acres Addition (5,000 Eastland Street) "E" Commercial to "B" Two -Family Z-89-119 Lot 6C, Block 18, Tidball's Subdivision (2156 South Jennings Avenue) Recommended from "F" Commercial to "B" Two -Family Z-89-120 Lots 5 and 6, Block 62, Morgan Heights Subdivision (2900 and 2902 Schadt Street) Recommended from "E" Commercial to "B" Two -Family Z-89-121 Lots 1 and 2, Block 65, Morgan Heights Subdivision 11 (2814 and 2816 Schadt Street) Recommended from "E" Commercial to "B" Two -Family Z-89-122 BEING the easterly 326 feet of Tract 10, Burton Heirs Partition, in the C. T. Hilliard Survey, Abstract No. 715, in the City of Fort Worth, Tarrant County, Texas, and being part of Lot B of said Burton Heirs, deed dated January 17, 1935, recorded in Volume 1244, Page 46, D.R.T.C.T. and also being that same tract of land conveyed to Eula Smith by deed recorded in Volume 5087, Page 173, and Volume 9095, Page 284, D.R.T.C.T., and described by metes and bounds as follows; BEGINNING at a point in the center of San Rose Drive, said point being 25 feet west of the southwest corner of Lot 6, Block 8, Guy E. Vance Addition, as shown by plat recorded in Volume 388-M, Page 307, P.R.T.C.T.; THENCE easterly with the south line of said Lot 6 and Lot 5, 310 feet past the southeast corner of said Lot 5, in all, 326 feet to the northeast corner of said Smith Tract, a point in the west line of Miller Avenue; THENCE southerly with said west line, 221.57 feet to the southeast corner of said Smith Tract; THENCE west with the south line of said Smith Tract, and the north line of a 25 foot wide strip of land reserved for a street as shown by plat of Marler Addition, as recorded in Volume 388-M, Page 269, D.R.T.C.T., for a total distance of 326 feet to a point on the north line of Lot 5, said Marler Addition; THENCE northerly with the southerly extension of the centerline of said San Rose Drive, for a distance of approximately 225 feet to the PLACE OF BEGINNING and containing 1.7 acres of land, more or less. (4,000 Miller Avenue) Recommended from "B" Two -Family to "E" Commercial Z-89-123 Lot 5, Block 4, P. R. Weatherford Addition (3225 South University Drive) Recommended from "C" Multi -Family to "PD -SU" Planned Development/Specific Use for Insurance Office; maintaining the existing architecture; providing for parking in the rear yard only. Waiver of site plan recommended. Z-89-125 Lot 61, Block L, Bellevue Hill Addition (1909 Alston Avenue) Recommended from "B" Two -Family to "B" Two-Family/"HC" Historic and Cultural Subdivision Minutes of City Council N-3 Page 461 462 TUESDAY, DECEMBER 19, 1989 Resolution No. Z-89-126 TRACT 1 1493 BEING a 6,047 square foot tract situated in the S.A. & M.G. Railroad Survey, Abstract No. 1463, Tarrant County, Texas, and being a portion of Block 10, South Creek Addition, an Addition to the City of Fort Worth, Texas, as described by plat recorded in Volume 388-157, Page 66, D.R.T.C.T., and being a portion of a building, said portion being known as 6639 McCart Street, said 6,047 square foot tract being more particularly described as follows; COMMENCING at the southwest corner of said Block 10, South Creek Addition, said corner being in the easterly right-of-way line of McCart Street; THENCE departing the easterly right-of-way line of said McCart Street and along the southerly line of said Block 10, S 88°57'05" E, a distance of 420.00 feet to a point for corner; THENCE along a southerly line of said Block 10, N 45002'00" E, a distance of 147.41 feet to a point for corner; THENCE along the easterly line of said Block 10, N 00°02'00" E, a distance of 62.94 feet to a point for corner; THENCE departing said easterly line N 89058'00" W, a distance of 44.00 feet to the POINT OF BEGINNING; THENCE S 00002'00" W, a distance of 57.79 feet to a point for corner; THENCE S 45002'00" W, a distance of 48.44 feet to a point for corner; THENCE N 44058'00" W, a distance of 91.31 feet to a point for corner; THENCE N 45002'00" E, a distance of 38.86 feet to a point for corner; THENCE S 89058'00" E, a distance of 71.33 feet to the POINT OF BEGINNING and containing a computed area of 6,047 square feet. (6639 McCart Street [Lone Star Shopping Center]) Recommended from "E" Commercial to "PD -SU" Planned Development/Specific Use, permitting all uses in the "E" Commercial District and a Bingo Parlor, prohibiting the sale or service of alcoholic beverages in connection with the Bingo Parlor. Waiver of site plan recommended. TRACT 2 BEING a 15,092 square foot parcel situated in the S.A. & M. G. Railroad Survey, Abstract No. 1463, Tarrant County, Texas, and being a portion of Block 10, South Creek Addition, an addition to the City of Fort Worth, Texas, as described by plat recorded in Volume 388-157, Page 66, D.R.T.C.T., and being a portion of a building, said portion being known as 6635 McCart Street, said 15,093 square foot tract being more particularly described as follows; COMMENCING at the southwest corner of said Block 10, South Creek Addition, said corner being in the easterly right-of-way line of McCart Street; THENCE departing the easterly right-of-way line of said McCart Street and along the southerly line of Block 10, S 88°57'05" E, a distance of 420.00 feet to a point for corner; THENCE along a southerly line of said Block 10, N 45°02'-00" E, a distance of 147.41 feet to a point for corner; Minutes of City Council N-3 Page 462 463 TUESDAY, DECEMBER 19, 1989 THENCE along the easterly line of said Block 10, N Resolution No. 00°02'00" E, a distance of 405.33 feet to a point for 1493 cont. corner; THENCE departing said easterly line, N 89°58'00" W, a distance of 44.00 feet to the POINT OF BEGINNING; THENCE S 00002'00" W, a distance of 121.00 feet to a point for corner; THENCE N 89058'00" W, a distance of 71.33 feet to a point for corner; THENCE N 44048'22" W, a distance of 113.46 feet to a point for corner; THENCE N 00002'00" E, a distance of 40.45 feet to a point for corner; THENCE S 89058'00" E, a distance of 151.33 feet to the POINT OF BEGINNING and containing a computed area of 15,093 square feet. (6635 McCart Street [Lone Star Shopping Center]) Recommended from "PD -SU" Planned Development/Specific Use #PD -64 to "E" Commercial Z-89-128 Lots 35, 36, 37, 38A, 38B and 38C, Block 27, Lake Worth Leases; and including metes and bounds as follows; BEING 2.214 acres of land situated in the Jacob Wilcox Survey, Abstract No. 1729, Tarrant County, Texas and being adjacent to Lot 38C and Lot 41, Block 27 of the Lake Worth Leases, as shown on Page 27 of the Book of said Leases on file in the Department of Transportation and Public Works Vault of the City of Fort Worth, said 2.214 acres of land being more particularly described by metes and bounds as follows; BEGINNING at the southeast corner of said Lot 38C, Block 27, a City of Fort Worth Monument #5668 coordinates X=2,006,903.3 and Y=410,206.8, as shown on Page 27 of the Book of said Leases. THENCE N 00055'28" E, along the east line of said Lot 38C, 425.96 feet to a point on the bank of the south shore of Lake Worth; THENCE with the meanders of said Lake, the following courses and distances; S 69°42'38" E, 76.34 feet to a point; S 12039'27" W, 140.02 feet to a point; S 51°32'12" E, 60.01 feet to a point; S 43022'21" E, 88.80 feet to a point; S 84002'22" E, 119.47 feet to a point; S 83047'09" E, 82.10 feet to a point; N 79°18'22" E, 55.51 feet to a point; THENCE S 02012'00" E, leaving said Lake and with a west line of Lot 41, Block 27 of said Lake Worth Leases, 175.56 feet to a point; THENCE S 87048'00 W, along a northerly line of said Lot 41, 412.17 feet to the most westerly northwest corner of said Lot. THENCE N 07045'35" W, 41.69 feet to the POINT OF BEGINNING and containing 2.214 acres of land. (9204 Heron Drive) Recommended from "A" One -Family to "A" One-Family/"HC" Historic and Cultural Subdistrict. Lot 41, Block 27, Lake Worth Leases Minutes of City Council N-3 Page 463 4.64 Resolution No. (9204 Heron Drive) 1493 cont. Recommended from "E" Commercial to "E" Commercial/"HC" Historic and Cultural Subdistrict That the proposed amendments and changes at this hearing will be considered in accordance with the provisions of Chapter 211 of the Texas Local Government Code. BE IT FURTHER RESOLVED that this Resolution, when published in the official newspaper of the City of Fort Worth, which is a paper of general circulation, one (1) time, shall constitute a notice of hearing, which publication shall be made at least fifteen (15) days prior to such hearing, and all interested parties are urgently requested to be in the Council Chambers at the Municipal Building at the time hereinabove set forth to make any protest or suggestion that may occur to them, and this hearing may continue from day to day until every interested party and citizen has had a full opportunity to be heard. M&C OCS-57 There was presented Mayor and Council Communication No. OCS-57 from the City Liability bonds Secretary recommending that liability bonds be accepted or cancelled, as follows: CONTRACTOR'S BOND INSURANCE COMPANY L.D. Conatser, Contractors, Inc. Safeco Insurance Company of America CEMENT BOND Reyes Hernandez Merchants Bonding Co -Mutual CANCELLATIONS CONTRACTOR'S BOND CANCELLATION DATE INSURANCE COMPANY Architectural Utilities 3/11/90 Commercial Union Insurance Co. M&C OCS-57 adopted It was the consensus of the City Council that the bonds be approved or cancelled as recommended but that the cancellations remain in full force and effect for all work performed prior to date of cancellation. M&C OCS-58 There was presented Mayor and Council Communication No. OCS-58 from the City Claims Secretary transmitting to the City Council notices of claims for alleged damages and/or injuries, as follows: Jack Raymon Siefka1 1. Claimant: Jack Raymon Siefkas Date Received: December 12, 1989 Date of Incident: September 28, 1989 Attorney: Tom Hall Location of Incident: Lake Worth Marine Park Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges injuries as the result of a swing breaking, causing him to sustain head, neck, and shoulder injuries. Jeanette Jenkins 2. Claimant: Jeanette Jenkins Date Received: December 8, 1989 Date of Incident: October 13, 1989 Attorney: Branton & Hall (James L. Branton) Location of Incident: 3108 Meadowbrook Drive Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages as the result of the death of Patrick Williams caused by electrocution. Robert A. Shirley 3. Claimant: Robert A. Shirley Date Received: December 8, 1989 Date of Incident: January 1989 Location of Incident: 4316 Norwich Drive Estimate of Damages/ Injuries: $150.00 j Nature of Incident: Claimant alleges damages to his property as the result of a sewer backup. Jimmie Dale Perkins I 4. Claimant: Jimmie Dale Perkins Date Received: December 11, 1989 Date of Incident: October 3, 1989 Minutes of City Council N-3 Page 464 4G5 TUESDAY, DECEMBER 19, 1989 Jimmie Dale Perkins cont. Attorney: Sharpe, Bates & McGee (Dean Spurlock) Location of Incident: 2505 N.W. 27th St. Estimate of Damages/ Injuries: $100,000.00 Nature of Incident: Claimant alleges injuries sustained when he fell over a mound of dirt and concrete causing him to fall in hole. Randall John Barrow 5. Claimant: Randall John Barrow Date Received: December 5, 1989 Date.of Incident: July 29, 1989 Attorney: Russell, Turner, Laird, Barkholtz & Jones (Gregory Jones) Location of Incident: Lake Worth Dam Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages and injuries as the result of boat falling over dam to spillway. B.J. Cotton 6. Claimant: B.J. Cotton Date Received: December 5, 1989 Date of Incident: Undeclared Location of Incident: 6900 E. Lancaster Estimate of Damages/ Injuries: $139.95 Nature of Incident: Claimant alleges damages to his automobile as the result of street conditions. Daniel J. "Red" & 7. Claimant: Daniel J. "Red" & Suzanne W. Suzanne W. Gold- Goldstein stein Date Received: December 5, 1989 Date of Incident: October 12, 1989 Location of Incident: 3142 Westcliff Road West Estimate of Damages/ Injuries: $3,609.31 Nature of Incident: Claimants allege damages to property as the result of water being shut off, subsequently turned back on without notification, and flooding property. Sonya Allen & 8. Claimant: Sonya Allen & Janice Allen Janice Allen Date Received: December 5, 1989 Date of Incident: November 18, 1989 Attorney: Segers & Lemons (Keith D. Lemons) Location of Incident: 2200 Vaughn & 3100 Avenue N Estimate of Damages/ Injuries: Undeclared _.. Nature of Incident: Claimants allege damages and injuries as the result of an accident involving a City -owned vehicle (police). Veronia A. Hall, 9. Claimant: Veronia A. Hall, Billy R. Hall, Billy R. Hall Jr., Jr., and Robert L. Hall and Robert L. Hall Date Received: December 7, 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: $3,600.00 Nature of Incident: Claimants allege damages and injuries as the result of an accident involving a City -owned vehicle (truck). August Martin Ric- 10. Claimant: August Martin Riccono cono Date Received: December 13, 1989 Date of Incident: December 2, 1989 Location of Incident: Lackl and, north of R.D. Evans Recreation Center and Golf Course Estimate of Damages/ j Injuries: $159.51 - $186.32 Nature of Incident: Claimant alleges damages to his automobile as the result of a golf ball being knocked from the golf course off Lackland and shattering windshield. Minutes of City Council N-3 Page 465 466 TUESDAY, DECEMBER 19, 1989 Royal Insurance 11. Claimant: Royal Insurance as subrogee of as subrogee of Samuel & Addyn Montgomery Samuel & Addyn Date Received: December 13, 1989 Montgomery Date of Incident: October 24, 1989 Location of Incident: 900 block of West Peter Smith Estimate of Damages/ Injuries: Damage to Insured & Claimant vehicle totalling $2,964.63, and bodily injuries undetermined Nature of Incident: Claimants allege subrogation rights as result of its insured's (Samuel and Addyn Montgomery) automobile running a stop sign allegedly hidden from view. Waste Management 12. Claimant: Waste Management Ft. Worth, Inc. Ft. Worth, Inc. (Tom Pate) (Tom Page) Date Received: December 13, 1989 Date of Incident: Undeclared Location of Incident: Eastside Landfill (east 1st Street) Estimate of Damages/ Injuries: $3,287.50 - $3,319.63 Nature of Incident: Claimant alleges damages to its property as the result of an accident involving a City -owned vehicle (truck). Evelyn Joyce Young 13. Claimant: Evelyn Joyce Young Date Received: December 13, 1989 Date of Incident: Undeclared Location of Incident: Hampshire & Miller Intersection Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages and injuries as the result of an accident involving a City -owned vehicle (police). OCS-5 8 adopted It was the consensus of the City Council that the notices of claims for alleged damages and/or injuries be referred to the Risk Management Department. M&C OCS-59 re There was presented Mayor and Council Communication No. OCS-59 from the City Correspondnece Secretary transmitting to the City Council correspondence received from Judith Singer from Judith Singer Cohen expressing opposition to any proposed razing of the Fort Worth Public Library Cohen requesting Building for a parking lot and correspondence from Mr. Robert McDonough, Chairperson of to not allow the the Polytechnic Heights Targeted Area Plan, expressing an interest in developing the destruction of the existing Cobb Park Horse Arena into a family oriented horse facility. It was the 1938 Fort Worth consensus of the City Council that the correspondences be referred to the Office of the Public Library and City Manager. from Mr. Robert McDonough re de- There was presented Mayor and Council Communication No. OCS-60 from the City veloping the ex- Secretary recommending that payment in the amount of $5,102.25 be authorized to the isting Cobb park Municipal Code Corporation for the printing of Supplement No. 13 to The Code of the Horse Arena City of Fort Worth. It was the consensus of the City Council that the recommendation M&C OCS-60 re be adopted. payment to the Municipal Code It appearing to the City Council that Ordinance No. 10431 was adopted on Corp. November 7, 1989, setting today as the date for hearing in connection with the Benefit Hearing assessment paving of Carey Road from Wilbarger Street to U.S. Highway 287 and that M&C G-8371 notice of the hearing has been given by publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth on November 17, 20, and 21, 1989, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public re M&C G-8371 Works, appeared before the City Council and introduced into evidence Mayor and Council Communication No. G-8371 from the City Manager. Mr. Robert Martin Mr. Robert Martin, independent appraiser, appeared before the City Council re M&C G-8371 and submitted to the City Council his analysis of benefits accruing to properties adjacent to Carey Road from Wilbarger Street to U.S. Highway 287 as the result of paving. Council Member McCray made a motion, seconded by Council Member Murrin, that the hearing be closed and the assessments be levied as proposed with the exception that the vacant lot with residential zoning be accessed at the current residential rate. Mr. Craig CRask re Mr. Craig CRask, representing Ms. Iris Farcus, owner of Tract 12E2, Abstract presenting Ms. No. 395, J.W. Daniels Survey, which property is adjacent to Carey Road, Unit 1, from Iris Farcus re ! Wilbarger Street to U.S. Highway 287, appeared before the City Council and requested M&C G-8371 that the vacant lots be assessed at residential rates for the assessment paving of Carey Road, Unit I, from Wilbarger Street to U.S. Highway 287. Minutes of City Council N-3 Page 466 46'7 TUESDAY, DECEMBER 19, 1989 &C G-8371 cont. When the motion, that the hearing be closed and the assessments levied as proposed with the exception that the vacant lot with residential zoning be assessed at the current residential rate, was put to a vote by the Mayor, it prevailed unanimously. ntroduced an Council Member McCray introduced an ordinance and made a motion that it be r dinance adopted. The motion was seconded by Council Member Murrin. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: rdi nance No. ORDINANCE NO. 10469 0469 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF CAREY ROAD (UNIT I), FROM WILBARGER STREET TO US HIGHWAY 287, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF; RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Benefit Hearing It appearing to the City Council that Ordinance No. 10432 was adopted on M&C G-8372 November 7, 1989, setting today as the date for hearing in connection with the assessment paving of Carey Road from Wilbarger Street to East Berry Street and that notice of the hearing has been given by publication in the official newspaper of the City of Fort Worth in accordance with Article 1105b, Vernon's Annotated Civil Statutes, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Lunday re M&C G-8372 Mrs. Martha Lunday, representing the Department of Transportation and Public Works, appeared before the City Council and introduced into evidence Mayor and Council Communication No. G-8372 from the City Manager and advised City Council of correspondence delivered to Mr. Ed Drolet, Assessment Paving Supervisor, as follows: "CERTIFIED MAIL" December 11, 1989 Mayor Bob Boland & City Council City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Re: Project No. 67-040165-00 Carey Road, Unit 1A, From Wilbarger to Barry Street Dear Mayor Boland: We are in receipt of the attached notice concerning a Benefit Hearing for the road improvements at the above captioned project number. Red Arrow Freight Lines, a wholly owned subsidiary of Carolina Freight Corporation, is the owner of an 11 acre site at the northeast corner of Carey & Wilbarger Streets, which has been vacant and on the market for several years. No interest or inquiries from the local real estate community has been expressed in at least two (2) years. The surrounding properties and businesses in this area do not justify the major and expensive street improvements outlined in the notice of the Benefit Hearing. Due to these conditions and the fact that our property would not benefit appreciatively in value, we must advise you of our objection to the proposed assessment of $53,424 against our property. Minutes of City Council N-3 Page 467 468 TUESDAY, DECEMBER 19, 1989 M&C, G-8372 cont. We request that this letter of objection be read at the December 19 hearing, and be recorded in the minutes of said hearing, and that we be advised of any further action taken in this matter. Your cooperation and consideration is appreciated. Sincerely, 11 II /S/ Palmer E. Huffstetler PEH/da Attachment Mr. John Vincent Mr. John Vincent, District Manager for Red Arrow Freight Lines, Lot 1A, re M&C G-8372 Block 1R, Frank Collins Subdivision, which property is adjacent to Carey Road, Unit 1A, from Wilbarger Street to Berry Street, appeared before the City Council and expressed opposition to the assessment paving of Carey Road, Unit 1A, from Wilbarger Street to Berry Street. Mr. James Brown re Mr. James Brown, owner of Lots 15A, 16, and Lots 17-20, Block 7, Homeacres M&C G-8372 Addition, which property is adjacent to Carey Road, Unit 1A, from Wilbarger Street to Berry Street, appeared before the City Council and expressed opposition to the assessment paving of Carey Road, Unit 1A, Wilbarger Street to Berry Street. Mr. Clyde Peabody Mr. Clyde Peabody, owner of Tracts 12C1, 12C1A, and 12C2, Abstract 395, re M&C G-8372 James W. Daniel Survey, which property is adjacent to Carey Road, Unit 1A, from Wilbarger Street to Berry Street, appeared before the City Council and expressed opposition to the assessment paving of Carey Road, Unit 1A, from Wilbarger Street to Berry Street. Ted Gorskie re cc: Ed Drolet appeared before the City Assessment Paving Supervisor Mr. Robert Martin Mr. Robert Martin, independent appraiser, appeared before the City Council re M&C G-8372 and presented to the City Council his assessment of enhanced value of the properties adjacent to Carey Road from Wilbarger Street to East Berry Street as the result of advised City Council that paving. Council Member McCray made a motion, seconded by Council Member Murrin, that involved. the hearing be closed and that the assessment levied as proposed with the exception Mr. Gary Santerre that the vacant lots with residential zoning be assessed at the current residential Transportation and rate. Mr. D.C. Pruitt Mr. D.C. Pruitt, 3228 Camp Bowie, owner of Blocks 1 and 2R, Village Creek re M&C G-8372 Industrial Park, representing J.G. Corporation, which property is adjacent to Carey Road, Unit 1A, Wilbarger Street to East Berry Street, appeared before the City Council and requested that the City Council give favorable consideration to the assessment paving of Carey Road, Unit 1A, Wilbarger Street to East Berry Street. Mr. Hayman Wilson Mr. Hayman Wilson, representing properties at 5037 - 5047 Wilbarger, appeared re M&C G-8372 before the City Council and requested that the City Council give favorable consideration to the assessment paving of Carey Road, Unit 1A, from Wilbarger Street to East Berry Street. Mr. Walter Cook re Mr. Walter Cook, owner of Lot 1, Block 1, James M. Daniel Addition, which M&C G-8372 property is adjacent to Carey Road, Unit 1A, Wilbarger Street to East Berry Street, appeared before the City Council and expressed opposition to the assessment paving of Carey Road, Unit 1A, Wilbarger Street to East Berry Street. Mr. Gary Santerre Mr. Gary Santerre, Director of the Transportation and Public Works re M&C G-8372 Department, appeared before the City Council and advised Council that, under state law, the property owner has 14 days if he wishes to file an appeal in District Court and that, if he wishes to appeal to the City Council, he has until the time that the final assessment comes before City Council. Ted Gorski re Assistant City Attorney Ted Gorski appeared before the City Council and M&C G-8372 stated that notices were mailed out in July and that the actual time for filing a case before the District Court is 15 days. Council Member McCray made a substitute motion, seconded by Council Member Murrin, that the hearing be closed and that the assessments be levied as proposed with the exception that vacant lots either zoned other than "A" or "B" up to 300 feet in size be allowed to apply for rezoning to "A" or "B" zoning for a fee of $100.00. Mr. John Vincent Mr. John Vincent, District Manager for Red Arrow Freight Lines, Lot 1A, re M&C G-8372 Block 1R, Frank Collins Subdivision, which property is adjacent to Carey Road, Unit 1A, from Wilbarger Street to Berry Street, appeared before the City Council and expressed opposition to the assessment paving of Carey Road, Unit 1A, from Wilbarger Street to Berry Street. Mr. James Brown re Mr. James Brown, owner of Lots 15A, 16, and Lots 17-20, Block 7, Homeacres M&C G-8372 Addition, which property is adjacent to Carey Road, Unit 1A, from Wilbarger Street to Berry Street, appeared before the City Council and expressed opposition to the assessment paving of Carey Road, Unit 1A, Wilbarger Street to Berry Street. Mr. Clyde Peabody Mr. Clyde Peabody, owner of Tracts 12C1, 12C1A, and 12C2, Abstract 395, re M&C G-8372 James W. Daniel Survey, which property is adjacent to Carey Road, Unit 1A, from Wilbarger Street to Berry Street, appeared before the City Council and expressed opposition to the assessment paving of Carey Road, Unit 1A, from Wilbarger Street to Berry Street. Ted Gorskie re Assistant City Attorney Ted Gorski appeared before the City Council and M&C G-8372 advised the City Council that Mr. Martin is an expert in the area of appraising I properties involved in benefit hearings and advised City Council that a conflict of interest can exist if a Fort Worth appraiser is involved. Mr. Gary Santerre Mr. Gary Santerre, Director of the Transportation and Public Works re M&C G-8372 Department, appeared before the City Council and advised the City Council of the P construction status of this project. Minutes of City Council N-3 Page 468 469 TUESDAY, DECEMBER 19, 1989 M&C G-8372 cont. Council Member Chappell made a second substitute motion, seconded by Council Member Granger, that the benefit hearing for the assessment paving of Carey Road, Unit 1A, Wilbarger Street to East Berry Street, be continued to January 16, 1990, to give property owners an opportunity to gather additional information. Mr. Don Morris re Mr. Don Morris, 1625 Bel 1 chase, Granbury, Texas, appeared before the City M&C G-8372 Council and expressed opposition to the assessment paving Carey Road, Unit 1A, from Wilbarger Street to East Berry Street. M&C G-8372 cont. When the second substitute motion, that the benefit hearing for the until January 16, assessment paving of Carey Road, Unit 1A, Wilbarger Street to East Berry Street be 1990 continued to January 16, 1990, was put to a vote by the Mayor, it prevailed unanimously. M&C G-8373 It appearing to the City Council that Ordinance No. 10431 was adopted on November 7, 1989, setting today as the date for hearing in connection with the assessment paving of Wilbarger Street from Carey Road from the west property line of Block 5, Village Creek Industrial Park Addition, and that notice of the hearing has been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public re M&C G-8373 Works, appeared before the City Council and introduced into evidence Mayor and Council Communication No. G-8373. Mr., Robert Martin Mr. Robert Martin, independent appraiser, appeared before the City Council re M&C G-8373 and provided to the City Council his assessment of enhanced value of properties adjacent to Wilbarger Street from Carey Road to the west property line of Block 5, Village Creek Industrial Park Addition as a result of the paving. There being no one present desiring to be heard, Council Member McCray made a motion, seconded by Council Member Murrin, that the hearing be closed and that the assessments levied as proposed with the exception that the vacant lots with residential zoning be assessed at the current residential rate. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member McCray introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Murrin. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10470 10470 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF WILBARGER STREET (UNIT II), FROM CAREY ROAD TO THE WEST PROPERTY LINE OF BLOCK 5, VILLAGE CREEK INDUSTRIAL PARK ADDITION, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF; RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Benefit Hearing It appearing to the City Council that Ordinance No. 10450 was adopted on M&C G-8368 November 21, 1989, setting today as the date for hearing in connection with the assessment paving of Effie Street from Willie Street to Elgin Street and that notice of the hearing has been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public re M&C G-8368 Works, appeared before the City Council and introduced into evidence Mayor and Council Communication No. G-8368 from the City Manager. Minutes of City Council N-3 Page 469 4'70 TUESDAY, DECEMBER 19, 1989 Mr. Robert Martin M&C G-8368 Mr. Robert Martin, independent appraiser, appeared before the City Council and presented to the City Council his assessments of enhanced value of properties adjacent to Effie Street from Willie Street to Elgin Street as a result of the paving. M&C G-8368 denied There being no one else present desiring to be heard, Council Member McCray made a motion, seconded by Council Member Chappell, that the hearing be closed and that improvement of Effie Street from Willie Street to Elgin Street be denied. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-8354 re There was presented Mayor and Council Communication No. G-8354, dated North/Northwest December 12, 1989, from the City Manager stating that the proposed North/Northwest Fort Fort Worth District Worth District Plan is both an update of the North District Plan and the development of Plan cont. until a plan for the Northwest District; that the geographic area of this updated and January 9, 1990 expanded plan is bordered on the 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. Council Member Zapata made a motion, seconded by Mayor Pro tempore Gilley, that consideration of Mayor and Council Communication No. G-8354 be continued until January 9, 1990, and when the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-8359 re There was presented Mayor and Council Communication No. G-8359 from the City payment of the Manager stating that the 1990 budget allocation for the City of Fort Worth for the Tarrant Appraisal Tarrant Appraisal District is $1,427,030.00 or 16.9 percent of the total budget; that District's budget the City of Fort Worth has chosen to pay its assessed allocation on a monthly basis beginning in January 1990; that funds are available in General Fund 01, Account No. 90-57-00, Index Code 328096; and recommending that payment in the amount of $1,427,030.00 representing the assessed allocation of the Tarrant Appraisal District's 1990 budget, with $1,070,271.00 to be paid from the City's FY 89-90 annual budget in equal monthly payments, be approved. It was the consensus of the City Council that the recommendation be adopted. M&C G-8360 re There was presented Mayor and Council Communication No. G-8360 from the City submission of Manager stating that the goal of the AIDS Education program is to reduce the spread of grant application AIDS and HIV infection through education activities and outreach programs; describing to the Texas the proposed budget; and recommending that the City Manager be authorized to: Department of Health, AIDS 1. Submit a grant application to the Texas Department of Health, Division AIDS Division, for continued funding of an Acquired Immune Deficiency Syndrome (AIDS) Education program for the period January 1, 1990 to August 31, 1990, in the amount of $36,995.00; and 2. Authorize the Accounting Division of the Finance Department, subject to funding agency approval and the City Manager's acceptance of the grant, to establish the grant project account in the City of Fort Worth financial accounting system upon receipt of an executed contract; and 3. Apply indirect cost rates in accordance with the City's Administrative Regulation 3-15 (apply the 1989 rate of 22.10 percent, which represents the most recently approved rate for this department); and 4. Accept any additional funding offered for this grant for the period January 1, 1990 to August 31, 1990. M&C G-8360 adopted' It was the consensus of the City Council that the recommendation be adopted. M&C G-8361 re There was presented Mayor and Council Communication No. G-8361 from the Ci DFW Airport Faci 1 i Manager, as follows: ty Improvement Corp. SUBJECT: ADOPTION OF ORDINANCE APPROVING REVISED ARTICLES OF INCORPORATION OF DFW AIRPORT FACILITY IMPROVEMENT CORPORATION 11 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. DTSr11SSTnNt 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 Minutes of City Council N-3 Page 470 471 TUESDAY, DECEMBER 19, 1989 &C G-8361 cont. Airport Facility Improvement Corporation in accordance with the requirements of Article 46-d, Vernon's Civil Statutes, as amended. The purpose of the requested action was to approve creation of a 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. M&C G-8361 adopted On motion of Council Member Zapata, seconded by Council Member Garrison, the recommendations, as contained in Mayor and Council Communication No. G-8361, were adopted. Introduced an ordinance Council Member Zapata introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Garrison. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, Webber, and Chappell NOES: None II ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10473 10473 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: Minutes of City Council N-3 Page 471 472 TUESDAY, DECEMBER 19, 1989 Ordinance No. SECTION 4. 10473 cont. This ordinance shall be in full force and effect from and after its passage, and it is so ordained. Introduced an Council Member Zapata introduced an ordinance and made a motion that it be ordinance adopted. The motion was seconded by Council Member Garrison. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10474 10474 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-8362 re Butler Street/ATSF There was presented Mayor and Council Communication No. G-8362 from the City railroad Manager stating that Butler Street/ ATSF Railroad crossing has been selected by the State Department of Highways and Public Transportation as an area where gate arm signal protection devices are needed for improved safety; describing the project shared costs; and recommending that the City Council accept and approve the Butler Street/ATSF railroad signal project for the protection of the railroad grade crossing; authorize the City Manager to approve a certification statement; and authorize a bond fund transfer in the amount of $8,000.00 from 89-031901-00, Traffic Signals Unspecified, t 89-031094-00, Butler Street and ATSF Railroad, for the City's share for the railroad crossing signal improvement. It was the consensus of the City Council that th recommendation be adopted. M&C G-8363 re There was presented Mayor and Council Communication No. G-8363 from the Ci Lawsuit 377 -Tree, Manager, as follows: Inc. SUBJECT: PROPOSED SETTLEMENT OF LAWSUIT STYLED: 377 -TREE, INC. VS CITY OF FORT WORTH CAUSE NO. 96-103824-87 RECOMMENDATION: It is recommended that the City Council approve the settlement of the lawsuit filed by Plaintiffs, 377 -Tree, Inc., and that the City Council authorize the City Manager to expend the sum of $172,000 plus taxable court costs for the settlement agreed to by the Plaintiffs, their attorney, and the City of Fort Worth. Minutes of City Council N-3 Page 472 4 `73 &C G-8363 cont. 11 DISCUSSION: This suit was filed in May of 1987 for damages to the Plaintiff's nursery business which resulted from the City's failure to timely complete the installation of a sanitary sewer across the property. The Plaintiff also alleged additional damages to the property and plant inventory due to some work being done outside the scope of the easement. The Plaintiffs filed suit seeking $500,000 in damages. This case was tried by a jury during the week of November 27, 1989, and the jury returned their verdict in favor of the Plaintiffs in the amount of $302,000. Subsequent negotiations after the verdict have resulted in an agreement to settle the case in the amount of $172,000. While admitting no liability, but to avoid further and costly litigation, an agreement was reached to settle this lawsuit for $172,000. The Risk Management Department and the Department of Law recommend payment in the amount specified to effect settlement in this manner. FINANCING: Sufficient funds are available for this purpose in the Commercial/City Self -Insurance Fund 71, Account Number 15-71-20, Lawsuit Payments/Settlements. The expenditure will be made from Index Code number 399188. M&C G-8363 cont. until executive It was the consensus of the City Council that consideration of Mayor and Council session Communication No. G-8363, be continued until the conclusion of the executive session. (Note: see subsequent City Council action.). M&C G-8364 re There was presented Mayor and Council Communication No. G-8364 from the City Annexation of Park Manager, as follows: 35 Commerce Center SUBJECT: ANNEXATION OF PARK 35 COMMERCE CENTER INTO THE CITY OF FORT WORTH RECOMMENDATION: It is recommended that the City Council approve the attached Annexation Timetable in order to annex the subject property in compliance with the requirements of Section 43.052 of the Local Government Code of the State of Texas. OTSCl1SSION: David Farrington, of Farrington Engineering Corporation, acting on behalf of the developer, Lone Star Industries Inc., has requested annexation of this land into the corporate limits of the City of Fort Worth. The total area being considered for annexation is 67.543 acres. All of the property is currently in the exclusive ETJ of the City of Fort Worth, and is contiguous to the City of Fort Worth. There are no current residents in the area. No common boundary adjustments with other cities will be required for annexation. The Development Review Committee recommended approval of the annexation on November 22, 1989. The City Plan Commission recommended approval of the annexation on November 29, 1989. LOCATION: The site is located at the Northeast corner of I -35W (North) and Elizabethtown Cemetery Road (Co.Rd.# 4042). If annexed, it would become a part of City Council District 2. &C G-8364 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. G-8364, be adopted. Council Member Murrin presented a description of property contiguous and adjacent to the City of Fort Worth and made a motion, seconded by Council Member Zapata, that the City Council set the first hearing on January 2, 1990, and the second hearing on January 16, 1990, in the City Council Chambers to consider annexation of the property described, as follows: A parcel of land which lies adjacent to and is contiguous with the present corporate limits of the City of Fort Worth, Texas, being more particularly described as follows: Parts of the James Eads Survey, Abstract No. 410, the T. J. Bates Survey, Abstract No. 206, and the Thomas S. Reyburn Survey, Abstract No. 1130, situated about 17 1/3 miles south 30 degrees west from the courthouse in Denton, the county seat of Denton County, Texas; and embracing a portion of the 165-50/100 acres Minutes of City Council N-3 Page 473 474 TUESDAY, DECEMBER 19, 1989 &C G-8364 cont. tract and all of the 16-84/100 acres tract described in the deed to Frederick Brodsky recorded in Volume 1648, Page 842 of the Denton County Deed Records and Parcel 6, Part 1 described in the deed to the State of Texas recorded in Volume 517, Page 204 of the said Deed Records for Interstate Highway 35W. Beginning at 7/8" iron rod for the northwest corner of the said 16-84/100 acres tract in the north line of the said James Eads Survey in the existing City limit line of Fort Worth. Thence south 89 degrees -38 minutes -30 seconds east, along the north line of said 16-84/100 acres tract and the north line of James Eads Survey to and along the north line of said Parcel 6, Part 1 and north line of said 165-50/100 acres tract and the north line of said T. J. Bates Survey, at 926-65/100 feet pass a 7/8" iron rod the northeast corner of said 16-84/100 acres tract and the northwest corner of said Parcel 6, Part 1, and being 150 feet left of center line station 80+40-22/100 of I -35W, at 1277-64/100 feet pass a 7/8" iron rod for the northeast corner of said Parcel 6, Part 1 and the northwest corner of said 165-50/100 acres tract and being 150 feet right of centerline station 82+18-65/100, in all 1912-24/100 feet. Thence south 9 degrees -48 minutes -30 seconds west, 410 feet. Thence north 89 degrees -38 minutes -30 seconds west, 4-05/100 feet to the beginning of a curve to the left having a radius of 490 feet. Thence southwesterly along said curve to the left an arc length of 528-80/100 feet to its end, the long chord of said 528-80/100 feet arc is south 59 degrees -26 minutes -30 seconds west, 503-51/100 feet. Thence south 28 degrees -31 minutes -30 seconds west, 1418-20/100 feet to the beginning of a curve to the left having a radius of 926-91/100 feet. Thence southwesterly along said curve to the left an arc length of 453-85/100 feet to its end, the long chord of said 453-85/100 feet arc is south 14 degrees -29 minutes -53 seconds west, 449-33/100 feet. Thence south no degrees -28 minutes -15 seconds west, 234-85/100 feet to the existing Fort Worth City Limit line. Thence north 89 degrees -32 minutes -36 seconds west, along said Fort Worth City limit line, 412-92/100 feet. Thence north no degrees -25 minutes -50 seconds east, continuing along said City limit line, 25 feet. Thence north 78 degrees -22 minutes -27 seconds west, continuing along said City limit line, 232-96/100 feet to a 7/8" iron rod for the southwest corner of said 165-50/100 acres tract and northwest corner of Parcel 6, Part 2 described in the deed to the State of Texas recorded in Volume 517, Page 204 of the said Deed Records. Thence north no degrees -35 minutes -58 seconds east, continuing along the said City limit line, along the west line of said 165-50/100 acres tract, 277-31/100 feet to a 7/8" iron rod for the southeast corner of said Parcel 6, Part 1, and being 180 feet right of centerline station 56+41-22/100. Thence north no degrees -38 minutes -52 seconds east, continuing along the said City limit line, 652-23/100 feet to a concrete Highway Department right-of-way monument for the south corner of said 16-84/100 acres tract, and being 150 feet left of centerline station 62+01-82/100. Thence north no degrees -38 minutes -08 seconds east, continuing along the said City limit line and the west line of said 16-84/100 acres tract, 1583-20/100 feet to the place of beginning and containing 67-543/1000 acres. Upon being put to a vote by the Mayor, the motion to hold public hearings on January 2, 1990, and on January 16, 1990, to consider annexation of the above-described property prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: None Minutes of City Council N-3 Page 474 4:5 TUESDAY, DECEMBER 19, 1989 &C G-8365 re There was presented Mayor and Council Communication No. G-8365 from the City ettlement of Manager, as follows: ity-owned surplus SUBJECT: SETTLEMENT OF CLAIM ARISING FROM THE SALE OF CITY -OWNED roperty to from SURPLUS PROPERTY (LOTS 1, 2, 3 AND 21, BLOCK 43 AND A alter B. Welborn PORTION OF BLOCK 44, JOHN C. RYAN SOUTH ADDITION) RECOMMENDATION: It is recommended that Council authorize payment of $10,500.00 to Walter B. Welborn in settlement of all claims for damages resulting from the sale of the above referenced property. i1TSG1IRS TGN- On May 16, 1985, a bid opening was held for the sale of City -owned property. On June 4, 1985 (M&C L-8483), Council approval was given for the sale of 3101 6th Avenue at W. Berry (Lots 1, 2 and 3, residual of Lot 21, Block 43, residual of Block 44, John C. Ryan South Addition). Subsequent to that sale, an underground water storage tank was discovered. Neither the buyer nor the seller knew the subsurface tank existed. Although expressly denying liability for any expense incurred from the sale and in order to avoid potential litigation, the Water Department, Real Property Management and Department of Law recommend settlement of the claim. A release has been obtained in exchange for this negotiated settlement in the amount of $10,500.00. FINANCING: Sufficient funds are available in Subsidiary Account 122-400000, Real Surplus Property, Sales Revenue. The expenditure will be made from Index Code 000018. 1_AND AGENT: Brad Penn &C G-8365 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. G-8365, be adopted. &C G-8366 re There was presented Mayor and Council Communication No. G-8366 from the City oint Resolution an Manager stating that Gary Santerre, Director of the Transportation and Public Works greeme n t with the Department, acting on behalf of the City of Fort Worth, has requested the adjustment of ity of White the City's corporate limits with the City of White Settlement; that the total area ettlement being considered for disannexation and subsequent release from the City's extraterritorial jurisdiction is 0.5854 and there are no residents in the area; that the area is located on the north right-of-way of Clifford Street at Bomber Road at the southwest corner of General Dynamics and represents 0.5854 acres; and recommending that a joint resolution and agreement with the City of White Settlement be approved to adjust the corporate boundaries of the cities and that the staff be directed to prepare a Disannexation Ordinance to disannex the subject property from the corporate limits of Fort Worth. On motion of Council Member Chappell, seconded by Mayor Pro tempore Gilley, the recommendation was adopted. Introduced an Council Member Chappell introduced a resolution and made a motion that it be resolution adopted. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: Resolution No. 1492, JOINT RESOLUTION AND AGREEMENT NO. 1492 KNOW ALL MEN BY THESE PRESENTS: STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, the City of Fort Worth is a Home Rule City lying and being situated within the confines of the Counties of Denton and Tarrant, State of Texas; and Minutes of City Council N-3 Page 475 476 TUESDAY, DECEMBER 19, 1989 Resolution No. WHEREAS, the City of White Settlement is a Home Rule City 1492 cont. lying and being situated within the confines of the County of Tarrant, State of Texas; and WHEREAS, the City of Fort Worth and the City of White Settlement desire to adjust their extraterritorial jurisdiction and corporate boundary lines to facilitate the development and maintenance of property within their respective jurisdictions; NOW THEREFORE BE IT RESOLVED AND MUTUALLY AGREED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH AND THE CITY COUNCIL OF THE CITY OF WHITE SETTLEMENT: SECTION 1. That the following extraterritorial jurisdiction and corporate boundary realignment between the City of Fort Worth and the City of White Settlement, as hereby described, is in the best interests of the property owners and inhabitants of both cities and that the City of Fort Worth and the City of White Settlement will proceed with due diligence in adopting the necessary disannexation and annexation ordinances adjusting their respective corporate boundaries and all other proceedings necessary to effectuate this agreement. SECTION 2. That the City of Fort Worth and the City of White Settlement do hereby covenant and agree to protect, preserve and defend the hereinafter described realignment. SECTION 3. That the City of Fort Worth hereby agrees to discontinue from its corporate boundary and to release all its jurisdictional rights it has or may have in and to all territories embraced within the area shown on map Exhibit "A", attached hereto and made a part hereof, and described by metes and bounds as follows: BEING a tract of land out of the J.J. Reese Survey, Abstract No. 1308, Tarrant County, Texas, being a portion of that tract known as Air Force Plant No. 4, more particularly described by metes and bounds as follows: BEGINNING at the southwest corner of the said Air Force Plant No. 4 tract, said corner being in the north line of Clifford Street; THENCE N 00026'00" E, 8.50 feet along the west line of the Air Force Plant No. 4 tract to a point; THENCE N 89041'00" E, 2,866.01 feet to a point; THENCE S 88030'00" E, 268.13 feet to a point in the south line of the Air Force Plant No. 4 tract, said point being in the north line of Clifford Street; THENCE S 89041'00" W, 3134.12 feet along the south line of the Air Force Plant No. 4 tract and the north line of Clifford Street to the Point of Beginning and containing 25499.51 square feet or 0.5854 of an acre of land. SECTION 4. That the City of White Settlement hereby agrees to annex the property disannexed and released from the extraterritorial jurisdiction of the City of Fort Worth as described herein and shown on map Exhibit "A", and the City of White Settlement agrees to assume the rights and obligations appurtenant to said property. SECTION 5. That these terms and conditions set forth shall become effective and binding upon the City of Fort Worth and the City of White Settlement by the adoption of this Joint Resolution and Agreement in regular and open City Council meetings of the City of Fort Worth and the City of White Settlement, and that this Joint Resolution and Agreement, upon adoption by both cities, shall be executed in several originals and shall be spread in full on the minutes of each city. A copy of this Joint Resolution and Agreement shall be executed by the Mayor and attested by the City Secretary of each city. M&C G-8367 re Settlement regard- There was presented Mayor and Council Communication No. G-8367 from the City i ng Clara K. Brock , Manager, as follows: Minutes of City Council N-3 Page 476 477 TUESDAY. DECEMBER 19, 1989 M&C G-8367 cont. SUBJECT: SETTLEMENT OF LAWSUIT: CLARA K. BROCK VS. CITY OF FORT WORTH CAUSE NO. 96-103854-87 RECOMMENDATION: It is recommended that the City Council authorize the payment of $60,000 (either in a lump sum or in split payments) and one-half (1/2) of the taxable court costs in settlement of all claims in the referenced case. BACKGROUND: The above numbered and entitled lawsuit arose out of an October 7, 1985, incident wherein the Plaintiff, Clara K. Brock, was struck by a large portion of a tree which broke off and fell on her as she walked along a residential city street. A survey indicates that the subject tree was situated in City parkway at the time of the accident. The Plaintiff, who was 76 years old when the accident occurred, sustained serious personal injuries including an open fracture of the left leg and back injuries. She is now paralyzed from the waist down and has been living in an Austin nursing home since May 1986. A proposed $60,000 settlement of this case has been negotiated subject to City Council approval. As part of the proposed settlement the parties would each pay one-half (1/2) of the taxable court costs. FINANCING: Sufficient funds are available for this payment in the Commercial/City Self -Insurance Fund 71, Account Number 15-71-20, Lawsuit Payments/Settlements. The expenditure will be made from Index Code 399188. M&C G-8367 adopted On motion of Mayor Pro tempore Gilley, seconded by Council Member Granger, the recommendation, as contained in Mayor and Council Communication No. G-8367, was adopted. M&C G-8369 re Assessments for the There was presented Mayor and Council Communication No. G-8369 from the City Fort Worth Improve Manager stating that a public hearing was held on October 3 and 24, 1989, regarding the ment District No. assessments for the Fort Worth Improvement District No. 1; submitting a proposed supplemental assessment roll listing eight additional properties; and recommending that an ordinance be adopted: I. Approving the amounts to be assessed against an additional eight parcels for improvements and/or services more fully described in the Plan of Services for the reestablished Fort Worth Improvement District No. 1, which was approved by the City Council on September 5, 1989 (M&C C-11854); 2. Setting Tuesday, January 9, 1989, as the date for the benefit hearing for these practices; and 3. Approving the attached proposed supplemental assessment rolls and authorizing notification of the property owners in accordance with state law. On motion of Mayor Pro tempore Gilley, seconded by Council Member Garrison, the recommendations 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 Garrison. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance Nodi. 10471 ORDINANCE N0. 10471 AN ORDINANCE APPROVING AND ADOPTING A PROPOSED SUPPLEMENTAL ASSESSMENT ROLL AND COST ESTIMATES FOR THE IMPROVEMENTS AND/OR SERVICES TO BE PROVIDED IN FORT WORTH IMPROVEMENT DISTRICT NO. 1 DURING THE 1989-1990 FISCAL YEAR; FIXING THE TIME AND PLACE FOR A PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS AGAINST EIGHT PARCELS OF PROPERTY IN THE DISTRICT AND THE OWNERS THEREOF, DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF SUCH HEARING; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Minutes of City Council N-3 Page 477 478 TUESDAY, DECEMBER 19, 1989 Ordinance No. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT 10471 cont. WORTH, TEXAS: SECTION 8. CITY OF FORT WORTH RECOMMENDATION: It is recommended that the City Council: 1) Find that the petition for disannexation of the Eagle Mountain Circle area is in compliance with Section 43.141 of the Local Government Code; and 2) Adopt the attached ordinance disannexing the Eagle Mountain Circle area from the City of Fort Worth. DTSCI ISS TSN Ms. Carol Tackel, representing the homeowners fronting on Eagle Mountain Circle, has submitted a petition to the Fort Worth City Secretary, requesting that the City of Fort Worth disannex the 7800 and 7900 blocks of Eagle Mountain Circle. The total area being considered for disannexation is approximately 12.5 acres and was annexed into the City on December 17, 1924 by Ordinance No. 1034. There was approximately 20 registered voters in the area. The Development Review Committee recommended approval of the disannexation on November 22, 1989. The City Plan Commission recommended approval of the disannexation on November 29, 1989. The City staff has investigated the proposed disannexation and has submitted for the City Council's review the attached Staff Information Report. Should the City Council desire to disannex the subject property, it must first determine whether or not the petition submitted by Ms. Tackel is in compliance with Section 43.141 of the Local Government Code. At the City Council meeting of December 12, 1989 the City Secretary presented her "Report on Petition for Disannexation of 7800 and 7900 Blocks of Eagle Mountain Circle." In her report, she certified 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." A copy of the City Secretary's Report is attached hereto for the City Council's review. LOCATION: The site is located at the Northeast corner of Ten Mile -Azle Road (County Road No. 4030) and Eagle Mountain Circle. If disannexed, it would be released from City Council District 7. Attachments Council Member Murrin made a motion, seconded by Mayor Pro tempore Gilley, that the recommendations, as contained in Mayor and Council Communication No. G-8370, be adopted. Introduced an When the motion was put to a vote by the Mayor, it prevailed unanimously. Ordinance Council Member Murrin introduced an ordinance and made a motion that it be adopted. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, j Garrison, Granger, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: None Minutes of City Council N-3 Page 478 That this ordinance shall take effect and be in full force and effect from and after the date of its passage. M&C G-8370 re There was presented Mayor and Council Communication No. G-8370 from the City Di sannexi ng Eagle Manager, as follows: Mountain Circle Area SUBJECT: ORDINANCE DISANNEXING EAGLE MOUNTAIN CIRCLE AREA FROM THE CITY OF FORT WORTH RECOMMENDATION: It is recommended that the City Council: 1) Find that the petition for disannexation of the Eagle Mountain Circle area is in compliance with Section 43.141 of the Local Government Code; and 2) Adopt the attached ordinance disannexing the Eagle Mountain Circle area from the City of Fort Worth. DTSCI ISS TSN Ms. Carol Tackel, representing the homeowners fronting on Eagle Mountain Circle, has submitted a petition to the Fort Worth City Secretary, requesting that the City of Fort Worth disannex the 7800 and 7900 blocks of Eagle Mountain Circle. The total area being considered for disannexation is approximately 12.5 acres and was annexed into the City on December 17, 1924 by Ordinance No. 1034. There was approximately 20 registered voters in the area. The Development Review Committee recommended approval of the disannexation on November 22, 1989. The City Plan Commission recommended approval of the disannexation on November 29, 1989. The City staff has investigated the proposed disannexation and has submitted for the City Council's review the attached Staff Information Report. Should the City Council desire to disannex the subject property, it must first determine whether or not the petition submitted by Ms. Tackel is in compliance with Section 43.141 of the Local Government Code. At the City Council meeting of December 12, 1989 the City Secretary presented her "Report on Petition for Disannexation of 7800 and 7900 Blocks of Eagle Mountain Circle." In her report, she certified 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." A copy of the City Secretary's Report is attached hereto for the City Council's review. LOCATION: The site is located at the Northeast corner of Ten Mile -Azle Road (County Road No. 4030) and Eagle Mountain Circle. If disannexed, it would be released from City Council District 7. Attachments Council Member Murrin made a motion, seconded by Mayor Pro tempore Gilley, that the recommendations, as contained in Mayor and Council Communication No. G-8370, be adopted. Introduced an When the motion was put to a vote by the Mayor, it prevailed unanimously. Ordinance Council Member Murrin introduced an ordinance and made a motion that it be adopted. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, j Garrison, Granger, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: None Minutes of City Council N-3 Page 478 4:9 TUESDAY, DECEMBER 19, 1989 The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10472 10472 AN ORDINANCE DISANNEXING AND DISCONTINUING TERRITORY FROM WITHIN THE CORPORATE LIMITS OF THE CITY OF FORT WORTH, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL AMEND EVERY PRIOR ORDINANCE IN CONFLICT HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT CONFLICT; PROVIDING FOR SEVERABILITY AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the hereinafter territory within the corporate limits of the City of Fort Worth, Texas, be and the same is hereby disannexed and discontinued as a part of the City of Fort Worth, Texas, said territory being described as follows: Being a portion of the J. Wilcox Survey No. 47, Abstract No. 1721, of Tarrant County, Texas and being more particularly described as follows: BEGINNING at the West right-of-way line of Eagle Mountain Circle and the North line of the J. Wilcox Survey No. 47, Abstract No. 1721; THENCE East along the North line of the J. Wilcox Survey No. 47, Abstract No. 1721, 451 feet to the Northeast corner of said survey; THENCE South 1 Degree 03 Minutes West, 1208 feet to a point for corner in the South right-of-way line of Ten Mile -Azle Road; THENCE West, along the South right-of-way line of Ten Mile -Azle Road to the West right-of-way line of the easternmost access road for Eagle Mountain Circle; THENCE Northwesterly, along the West right-of-way line of the easternmost access road for Eagle Mountain Circle to the West right-of-way line of Eagle Mountain Circle; THENCE North, along the West right-of-way line of Eagle Mountain Circle to the place of BEGINNING and containing approximatley 12.5 acres, more or less. SECTION 2. That the above described territory is shown on the attached map marked Exhibit "A" on file in the office of the City Secretary of the City of Fort Worth, Texas, which map is expressly incorporated herein by reference for the purpose of illustrating and depicting the location of the hereinabove described territory. SECTION 3. That this ordinance shall and does amend every prior ordinance in conflict herewith, but as to all other ordinances or sections of ordinances not in direct conflict, this ordinance shall be, and the same is hereby made cumulative. II SECTION 4. That it is hereby declared to be the intent of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any unconsitutional phrase, clause, sentence, paragraph or section. SECTION 5. That this ordinance shall be in full force and effect from and after the date of its passage by the City Council, and it is so ordained. Minutes of City Council N-3 Page 479 • TUESDAY, DECEMBER 19, 1989 M&C�G-8374: re There was presented Mayor and Council Communication No. G-8374 from the City ShearsonvLehman Manager stating that the City Council was presented with Informal Report No. 7427 on November 14, 1989, regarding the potential benefit of developing a tax-exempt Hutton, Inc. commercial paper program to provide initial funding for the City's water and sewer capital improvement program; that requests for proposals were submitted to firms with expertise and experience in underwriting and remarking tax-exempt commercial paper; and recommending that Shearson Lehman Hutton, Inc., be approved as the dealer (senior managing underwriter and remarketing agent) for the proposed water and sewer tax-exempt commercial paper program for the City of Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-3883 re There was presented Mayor and Council Communication No. P-3883 from the City purchase of parts Manager recommending that the purchase of parts and labor be approved for the major and labor repair of a Cummins engine from Cummins Southern Plains, Inc., sole source, for the Fire Department for an amount not to exceed $7,982.00 net, f.o.b. Fort Worth, with funds available in Fund 61, Account No. 141-000400. It was the consensus of the City Council that the recommendation be adopted. M&C P-3884 re purchase of book- There was presented Mayor and Council Communication No. P-3884 from the City binding a ugipme n t Manager submitting a tabulation of bids received for the purchase of bookbinding equipment for the Reprographics Division; stating that funds are available in Fund 63, Account No. 90-13-10, Index Code 226613; and recommending that the purchase be made on low -bid -item basis, as follows: A.B. Dick $ 3,781.50 (Item 1) Bourg Collators of Texas 44,999.00 (Item 2) Total amount not to exceed $48,780.50 net, f.o.b. Fort Worth, Texas Council Member Zapata made a motion, seconded by Mayor Pro tempore Gilley, that the purchase of bookbinding equipment for the Reprographics Division, Item No. 1, (M&C P-3884) be approved, and that Item 2 (M&C P-3884) be continued until January 99 1990. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C. P-3885 re There was presented Mayor and Council Communication No. P-3885 from the City purchase of food Manager stating that on February 21, 1989, by Mayor and Council Communication and soft drinks No. P-3255, the direct order of food stuffs and supplies for the Pecan Valley Golf Course snack bar was approved for a period of one year with option to renew for one additional year; that the Park and Recreation staff requests the option to renew be exercised; that budgeted funds are sufficient to cover the anticipated expenditure; and recommending that the option to renew the purchase of food and soft drinks by purchase order for the Park and Recreation Department from various authorized vendors for a period of one year based on unit prices at current market prices be exercised for the period from date of authorization until one year later. It was the consensus of the City Council that the recommendation be adopted. M&C P-3886 re purchase agreement There was presented Mayor and Council Communication No. P-3886 from the City to provide micro- Manager submitting a tabulation of bids received for microfilm services; stating that filming services funds are available to cover anticipated expenditure; and recommending that a one-year purchase agreement with two one-year renewal options for microfilming services for various City departments be authorized from Metroplex Office Systems on its low bid of $17.76/M, f.o.b. Fort Worth, Texas; that all City departments participate in this agreement if needed; and that the agreement become effective this date and end one year later. It was the consensus of the City Council that the recommendation be adopted. M&C P-3887 re There was presented Mayor and Council Communication No. P-3887 from the City maintenance agree- Manager stating that the extension of maintenance of two payment processors for the men t for the Customer Service Division of the Water Department was approved on January 3, 1989, by Burroughs Payment Mayor and Council Communication No. P-3109, proposing that the agreement be extended to Processors cover calendar year 1990; that funds are available in Fund 45, Account No. 60-40-01 and Account No. 70-40-01, Index Codes 371823 and 382705, respectively; and recommending that an annual maintenance agreement be authorized for the Burroughs Payment Processers for one year with Unisys Corporation at a cost not to exceed $15,840.48 net. It was the consensus of the City Council that the recommendation be adopted. M&C P-3888 re Withdrawn There was presented Mayor and Council Communication No. P-3888 from the City Manager submitting a tabulation of bids received for the purchase of one articulated loader and one 14 -foot class backhoe loader; stating that funds are available in various accounts in the Water and Sewer Operating Fund 45 and General Fund 01; and recommending that the purchase be made from Hall Equipment and Supply Company for $43,103.10 and from Mega Equipment Company for $132,750.00 for a total amount not to 1 exceed $175,853.10 net, f.o.b. Fort Worth at the request of the City Manager, Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that Mayor and j Council Communication No. P-3888 be withdrawn from the agenda. When the motion was put to a vote by the Mayor, it prevailed unanimously. Minutes of City Council N-3 Page 480 TUESDAY, DECEMBER 19, 1989 M&C P-3889 re There was presented Mayor and Council Communication No. P-3889 from the City purchase agreement Manager submitting a quotation received for police uniforms and accessories for the for police uniform Police Department; stating that budgeted funds are sufficient to cover the anticipated and accessories expenditure; and recommending that the City Council authorize: 1. A one-year purchase agreement, with two one-year renewal options, to provide police uniforms and accessories with Ladd Uniform Company on the unit prices as follows: Item Number Description Chevy 350 $ 22.00 1 Men's trousers $ 43.95 per pair 2 Women's trousers $ 43.95 per pair 3 Men's long sleeve shirts $ 35.75 each 4 Women's long sleeve shirts $ 35.75 each 5 Men's short sleeve shirts $ 31.50 each 6 Women's short sleeve shirts $ 31.50 each 7 Ties $ 2.50 each 8 Caps $ 24.00 each 9 Hat covers $ 12.21 each 10 Cap straps $ 3.25 each 11 Buttons $ 1.60 each 12 Convertible jackets $116.00 each 13 Raincoats $ 36.78 each 14 Trousers - gray $ 13.50 each 15 Long sleeve shirt - gray $ 13.50 each 16 Military belt $ 8.75 each 17 Men's shoes $ 57.00 per pair 18 Women's shoes $ 54.00 per pair 2. This agreement to become effective date of authorization and expire one year later. M&C P-3889 adopted It was the consensus of the City Council that the recommendations be adopted. M&C P-3890 re There was presented Mayor and Council Communication No. P-3890 from the City purchase agreement Manager stating that a purchase agreement with Sellers Service Company was authorized with Sellers on February 7, 1989, by Mayor and Council Communication No. P-3196 for rebuilt starters Service Company and alternators for the City Services Department; that the Equipment Services Division has requested the option to renew be exercised; that purchases will be charged to Fund 61, Account No. 141-000270; and recommending that the City Council authorize: 1. Exercising the option to renew the purchase agreement with Sellers Service Company, to furnish rebuilt starters and alternators to the City Services Department for one additional year on the bid of the following unit prices: Item # Description Unit Price 1 Starter for Chevy 350 $ 22.00 2 Core Charge for Chevy 350 Starter $ 10.00 3 Starter for Ford 351 $ 22.50 4 Core Charge for Ford 351 Starter $ 15.00 5 Starter for Chevy Truck 350 $ 22.00 6 Core Charge for Chevy Truck 350 Starter $ 10.00 7 Starter for 3208 Caterpillar Engine $ 89.00 8 Core Charge for 3208 Caterpillar $100.00 9 Starter for Ford 6.9 Liter $ 95.00 10 Core Charge for Ford 6.9 Liter $100.00 11 Starter for Detroit 6171 $ 89.00 12 Core Charge for Detroit 6171 Starter $100.00 13 Starter for Dodge 225 Truck $ 18.00 14 Core Charge for Dodge 225 Truck Starter $ 8.00 15 Starter for Plymouth 2.2 Liter $ 49.00 16 Core Charge for Plymouth 2.2 Liter Starter $ 35.00 17 Starter for Cushman 2 cyl. Engine $ 89.00 18 Core Charge for Cushman 2 cyl. Engine $ 20.00 Starter 19 Starter for Ford Industrial 192 $ 29.00 20 Core Charge for Ford Industrial 192 Starter $ 5.00 21 Alternator for Chevy 350, 105 amp $ 49.00 22 Core Charge for Chevy 350, 105 amp Alter- $ 35.00 nator 23 Alternator for Ford 351, 105 amp $ 42.00 24 Core Charge for Ford 351, 105 amp Alter- $ 15.00 nator 25 Alternator for 3208 Caterpillar 80 amp $ 78.00 26 Core Charge for 3208 Caterpillar 80 amp $ 75.00 Alternator 27 Alternator for Detroit 6171, 130 amp $ 95.00 28 Core Charge for Detroit 6171, 130 amp $200.00 Alternator 29 Alternator for Dodge 225, 60 amp $ 18.00 30 Core Charge for Dodge 225, 60 amp Alter- $ 8.00 nator Minutes of City Council N-3 Page 481 x.82 TUESDAY, DECEMBER 19, 1989 M&C P-3890 cont. 31 Rotor, Ace #1584 $ 29.00 32 Rotor, Ace #1548 $ 29.00 33 Stator, Ace #7074S $ 21.00 34 Stator, Ace #7135S $ 21.00 35 Brushes, Delco #77650 $ .50 36 Brushes, Ace #RAX103 $ .50 37 Regulator, Leece Neville #77973 $ 24.00 38 Regulator, Ace #VR1772 $ 10.00 39 Diode, Leece Neville #79480 $ 5.00 40 Unspecified Rebuilt Starters and Alternators and Parts will be supplied at Jobber Net Price Less 50% Discount 2. The new agreement period to begin February 7, 1990 and end one year later. M&C P-3890 adopted It was the consensus of the City Council that the recommendations be adopted. M&C P-3891 re There was presented Mayor and Council Communication No. P-3891 from the City purchase of Manager submitting a tabulation of bids received for the purchase of ammunition for the ammunition for Police Department; stating that funds are available in Fund 01, Account No. 35-44-00, Police Department Index Code 280586; and recommending that the purchase be made on low bid, from Precision Delta Corporation for $15,750.01 and from Texas State Distributors, Inc., for $2,079.00 for a total of $17,829.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-3892 re There was presented Mayor and Council Communication No. P-3892 from the City purchase of parking Manager submitting a quotation received for the purchase of parking citations for the citations Municipal Court Division; stating that funds are available in Fund 01, Account No. 38-30-00, Index Code 215806; and recommending that the purchase be made from Wallace Computer Services on its low bid of $6,703.50 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-3893 re There was presented Mayor and Council Communication No. P-3893 from the City purchase agreement Manager submitting a quotation received for the purchase of parts on Beck actuators for for parts on Beck various City departments; stating that budgeted funds are sufficient to cover the actuators anticipated expenditure; and recommending that the City Council authorize a one-year purchase agreement for parts on Beck actuators with Harold Beck and Son, Inc., sole source, on dealer's list price, f.o.b. Newtown, Pennsylvania; and that all City departments be allowed to participate in this agreement if needed effective upon authorization by the City Council and ending one year later. It was the consensus of the City Council that the recommendations be adopted. M&C P-3894 re purchase of 26 There was presented Mayor and Council Communication No. P-3894 from the City trucks for Manager submitting a tabulation of bids received for the purchase of 26 trucks for various City departments various City departments; stating that funds are available in various accounts; and recommending that the purchase be made from Alan Young Buick, GMC, on its low bid meeting City specifications of $303,742.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-3895 re There was presented Mayor and Council Communication No. P-3895 from the City purchase of 49 Manager submitting a tabulation of bids received for the purchase of 49 sedans for sedans for various various City departments; stating that funds are available in various accounts; and City departments recommending that the purchase be made on a low -bid -item basis, as follows: 1. Longhorn Dodge $418,218.68 2. Charlie Hillard Ford 59,568.00 3. Henry Butts 19,150.00 Total amount not to exceed $496,936.68 net, f.o.b. Fort Worth. M&C P-3895 adopted It was the consensus of the City Council that the recommendation be adopted. M&C P-3896 re There was presented Mayor and Council Communication No. P-3896 from the City purchase of one Manager submitting a tabulation of bids received for the purchase of one microwave microwave digestior digestion system for the Water Department; stating that funds are available in Fund 45, system Account No. 70-30-01, Index Code 390211; and recommending that the purchase be made from CEM Corporation on its bid, meeting City specifications, of $12,050.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-3897 re There was presented Mayor and Council Communication No. P-3897 from the City purchase of two Manager submitting a tabulation of bids received for the purchase of two gas gas chromatographs chromatographs for the Water Department; stating that funds are available in Fund 45, j Account No. 70-30-01, Index Code 390211; and recommending that the purchase be made from Hewlett-Packard Company on its total bid, meeting City specifications, of $91,879.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council N-3 Page 482 483 TUESDAY. DECEMBER 19. 1989 M&C P-3898 re There was presented Mayor and Council Communication No. P-3898 from the City lease of a copier Manager submitting a tabulation of bids received for the purchase of a copier for the City Managers Office stating that funds are available in General Fund 01, Account No. 02-10-00, Index Code 200816; and recommending that the lease of a copier be made from Eastman Kodak Company on low bid, meeting specifications at a rate of $741.00 a month, f.o.b. Fort Worth. On motion of Council Member Chappell, seconded by Mayor Pro tempore Gilley, the recommendation was adopted. M&C P-3899 re There was presented Mayor and Council Communication No. P-3899 from the City purchase of D.A.R.E Manager submitting a tabulation of bids received for the purchase of D.A.R.E. "T" shirts "T" shirts for the Police Department; stating that funds are available in Fund 01, Account No. 35-42-00, Index Code 267286; and recommending that the purchase of D.A.R.E. "T" shirts be authorized from vendors as determined by the casting of lots to determine the vendor for tie bids submitting for Items 1, 2, and 3 and from Screen Visions on Item 4 on its low bid of $2.80 each, not to exceed $140.00 net, f.o.b. Fort Worth. Following the casting of lots, Items 1 and 2 were awarded to Screen Visions and Item No. 3 was awarded to Lone Star Sportswear for an amount totalling $15,262.50. Mayor Pro tempore Gilley made a motion, seconded by Council Member Zapata, that the recommendation, as contained in Mayor and Council Communication No. P-3899, be adopted, with Items 1 and 2 being awarded to Screen Visions and Item 3 being awarded to Lone Star Sportswear. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C P-3900 re There was presented Mayor and Council Communication No. P-3900 from the City purchase agreement Manager submitting a tabulation of bids received for the purchase of Suzuki OEM parts to provide Suzuki for the City Services Department; stating that funds are available in Fund 61, Account OEM parts No. 141-000270; and recommending that a one-year purchase agreement with option to renew be authorized with David McDavid Pontiac Suzuki for the purchase of Suzuki OEM parts on low bid of 15 percent discount from manufacturer's price list and unit prices and that the agreement become effective this date and end one year later. On motion of Mayor Pro tempore Gilley, seconded by Council Member Chappell, the recommendation was adopted. M&C P-3901 re There was presented Mayor and Council Communication No. P-3901 from the City purchase of the Manager stating that by Mayor and Council Communication No. G-8232 on September 26, Countermeasure Sy 1989, the City Council authorized the Special Operations Division of the Police stem cont. until Department to purchase the Countermeasure System for Special Operations Division of the January 2, 1990 Police Department to be used when investigating for the purpose of clandestine manufacturer's suggested list price less 20% eavesdropping; that funds are available in Fund 01, Account No. 35-44-00, Index Code 280768; and recommending that the purchase be made from Audio Intelligence Devices on representative parts as shown below: its bid of $7,977.90 net, f.o.b. Fort Worth. Council Member Chappell made a motion, seconded by Council Member McCray, that consideration of Mayor and Council Item 1 Communication No. P-3901 be continued to January 2, 1990. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C P-3902 re There was presented Mayor and Council Communication No. P-3902 from the City purchase agreement Manager submitting a tabulation of bids received for the purchase of Detroit Diesel OEM to provide Detroit parts for City Services Department; stating that funds are available in Fund 61, Diesel Account No. 141-000270; and recommending that the City Council authorize: Minutes of City Council N-3 Page 483 1. A one year purchase agreement to provide Detroit Diesel original equipment manufacturer's (O.E.M.) parts with Industrial Power & Transmission, Inc. on the low bid of manufacturer's suggested list price less 20% discount, unit prices for representative parts as shown below: Item 1 Manufacturer's List Price Less 20% Discount 2 Overhaul Gasket Set $ 157.10 3 Head Gasket Set $ 39.64 4 Ring Set $ 23.54 5 Exhaust Valve $ 10.34 6 Intake Valve $ 7.92 7 Injector Assembly $ 47.90 8 Fuel Pump $ 34.50 9 Water Pump $ 221.62 10 Fuel Solenoid $ 270.64 11 Pulley $ 111.26 12a 8.2 Diesel Engine, Rebuilt $ 5,169.00 12b 8.2 Diesel, _.Engine, New $ 7,067.60 13 8.2 Diesel Core Charge $ 1,500.00 14a 6.2 Diesel Engine, Rebuilt $ 3,995.00 14b 6.2 Diesel Engine, New No Bid 15 6.2 Diesel Engine Core Charge $ 750.00 16a 6V-71 Engine, Rebuilt $ 6,745.00 16b 6V-71 Engine, New $12,596.00 17 6V-71 Core Charge $ 1,500.00 18a 6V92TA Engine, Rebuilt $ 8,242.00 18b 6V92TA Engine, New $17,420.00 19 6V92TA Core Charge $ 2,100.00 20a 6-I-71 Engine, Rebuilt $ 6,745.00 20b 6-I-71 Engine, New $12,596.00 21 6-I-71 Engine Core Charge $ 1,500.00 Minutes of City Council N-3 Page 483 484 22a 8V92TA Engine, Rebuilt $10,400.00 M&C P-3902 cont. 22b 8V92TA Engine, New $20,252.00 23 8V92TA Engine Core Charge $ 2,920.00 24a 8.2 T Turbo Engine, Rebuilt $ 5,995.00 24b 8.2 T Turbo Engine, New $ 8,933.60 25 8.2 T Turbo Engine Core Charge $ 1,800.00 2. The agreement to become effective this date and end one year later, with option to renew for one additional year. M&C P-3902 adopted It was the consensus of the City Council that the recommendation be adopted. M&C P-3903 re There was presented Mayor and Council Communication No. P-3903 from the City purchase of 11 Manager submitting a tabulation of bids received for the purchase of 11 trucks for trucks various City departments; stating that funds are available in Fund 45 and General Fund 01; and recommending that the purchase be authorized on low -bid -item basis meeting specifications from Bill McDavid Pontiac, GMC, on its bid of $66,331.65 and from Alan Young Buick, GMC, on its bid of $69,035.00 for a total amount not to exceed $135,366.65 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-3904 re There was presented Mayor and Council Communication No. P-3904 from the City purchase of one Manager submitting a quotation received for the purchase of a total organic carbon total organic analyzer for the Water Department; stating that funds are available in Fund 45, Account carbon analyzer No. 70-30-01, Index Code 390211; and recommending that the purchase be made from Rosemount Analytical, Dohrmann Division, on its bid, meeting City specifications, of $24,548.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C F13905 re There was presented Mayor and Council Communication No. P-3905 from the City purchase of moving Manager stating that, as a result of unresolved issues associated with the terms, services from performance, and cost re -negotiations under City Secretary Contract No. 16747 (mowing, Rifle Island general maintenance, and collection of parking fees), a 30 -day notice of cancellation Corporation was given to Rife Island Corporation; that mowing still was required due to the season; that the Aviation Department's maintenance staff was devoted to Airshow field preparation at Meacham Field; that it was determined, in the interest of Spinks Airport operational safety, that Rife Island Corporation should continue to mow and invoice the City for the expenses; that funds are available in Fund 40, Account No. 55-20-02, Index 335554; and recommending that the purchase of mowing services be confirmed from Rife Island Corporation for the Aviation Department for an amount not to exceed $6,180.00. William Wood re Acting City Manager William Wood appeared before the City Council and advised M&C P-3905 the City Council that, after cancellation of the contract, mowing still was required due to the season and that the mowing services from Rife Island Corporation was done on a purchase basis. Council Member Garrison made a motion, seconded by Mayor Pro tempore Gilley, that the recommendation, as contained in Mayor and Council Communication No. P-3905, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C P-3906 re There was presented Mayor and Council Communication No. P-3906 from the City purchase of leak Manager submitting a quotation received for the purchase of leak repair services for repair services the Transportation and Public Works Department; stating that funds are available in General Fund 01, Account No. 20-50-02, Index Code 234401; and recommending that the purchase be made from Leak Repairs, Inc., on its bid for an amount not to exceed $28,000.00 f.o.b., Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-3907 re There was presented Mayor and Council Communication No. P-3907 from the City sole source rental Manager submitting a quotation received for the monthly rental of communication of communication facilities at the WBAP Tower for the Information Systems and Services Department; facilities at WRAP stating that funds are available in Fund 01, Account No. 04-60-01, Index Code 235168; Tower and recommending that the rental be authorized from Bell Communications for the period on October 1, 1989, through September 30, 1989, for an amount of $9,000.00 per year net. It was the consensus of the City Council that the recommendation be adopted. M&C P-3908 re There was presented Mayor and Council Communication No. P-3908 from the City purchase agreement Manager submitting a tabulation of bids received for a purchase agreement to provide to provide genuine genuine Moyno pump parts for City departments; stating that purchases will be charged Moyno pump parts to Water and Sewer Operating Fund 45, Inventory Subsidiaary Account No. 141-000280; and for City Departments recommending that the purchase agreement be authorized with Robbins and Myers, Inc., on I; low bid meeting specifications, as follows: ITEM UNIT PRICE A. Genuine Moyno Pump Parts 45% off list price B. Refurbishing of rotors 39.3% off list price Net, f.o.b. Springfield, Ohio It was also recommended that all City departments be authorized to participate in this agreement, if needed, effective from date of authorization until expiration one year later, with option to renew annually for two years. It was the consensus of the City Council that the recommendations be adopted. Minutes of City Council N-3 Page 484 435 TUESDAY DECEMBER 19, 1989 &C P-3909 re There was presented Mayor and Council Communication No. P-3909 from the City urchase agreement Manager submitting a quotation received for a one-year purchase agreement for Fisher or Fischer and and Porter chlorinator parts for City departments; stating that funds are sufficient to orter chlorinator cover the anticipated expenditure by each department participating in this agreement; arts and recommending that the purchase agreement be authorized with Fisher and Porter Company on sole source quotation of list price, f.o.b. Warminster, Pennsylvania; and authorize all City departments to participate in this agreement, if needed, effective upon authorization by City Council and end one year later. It was the consensus of the City Council that the recommendations be adopted. &C P-3910 re There was presented Mayor and Council Communication No. P-3910 from the City urchase of con- Manager submitting a tabulation of bids received for the purchase of continuous forms inuous forms for Information Systems and Services Department; stating that funds are available in General Fund 011, Account No. 04-20-00, Index Codes 228825, 228833, 228817, and 228098; and recommending that the purchase be made, as follows: VENDOR AMOUNT BID # 1. Uarco, Inc. $ 9,814.00 89-0940 quipme n t for the Park and Recreation Department and City Services Department; stating that funds 8,260.00 89-0941 2. Moore Business Forms 13,808.00 89-0941 3. Vanier Graphics 2,164.00 89-0941 4. Mastercraft 1,746.00 89-0941 Total $35,792.00 + 10% allowed overage (Total not to exceed $39,371.20 net, f.o.b. Fort Worth) r. Judson Bailiff Mr. Judson Bailiff, Director of Finance, appeared before the City Council and e M&C P-3910 advised Council that the recommended low bidder in each instance is the low bidder for items bid, but the support documentation was not attached to the Mayor and Council Communication, which only shows total amounts bid. Council Member Chappell made a motion, seconded by Council Member Murrin, that the recommendation, as contained in Mayor and Council Communication No. P-3910, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. &C P-3911 re There was presented Mayor and Council Communication No. P-3911 from the City urchase of four Manager submitting a tabulation of bids received for the purchase of four greens reens mowers, five mowers, five 72 -inch outfront mowers, one sandtrap rake, one riding aerifier, and one 2 -inch outfront core harvester assembly for the Park and Recreation Department; stating that funds are owers, one sandtrap available in Golf Fund 39, Account Nos. 80-42-10, 80-41-10, 80-44-10, and 80-43-10, ake, one riding Index Codes 313122, 312322, 314625, and 313924, respectively and General Fund 01, erifier, and one Account Nos. 80-20-34, 80-20-32, and 80-20-33, Index Codes 344705, 327528, and 327676, ore harvester assem-respectively; and recommending that the purchase be made from Jacobson Turf and ly Commercial, Goldthwaite's of Texas, and Watson Distributing Company for a total amount not to exceed $99,160.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. &C P-3912 re There was presented Mayor and Council Communication No. P-3912 from the City urchase of mowing Manager submitting a tabulation of bids received for the purchase of mowing equipment quipme n t for the Park and Recreation Department and City Services Department; stating that funds are available in General Fund 01, Account Nos. 80-20-33, 80-20-34, and 80-20-32, Index Codes 327676, 344705, and 327528, respectively, and City Services Solid Waste Fund 64, Account No. 21-10-04, Index Code 237750; and recommending that the purchase be made from Goldthwaite's of Texas, Jacobsen Turf & Commercial, and Zimmerer Kubota for a total amount not to exceed $57,096.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. &C P-3913 re urchase of six air There was presented Mayor and Council Communication No. P-3913 from the City ompressors Manager submitting a tabulation of bids received for the purchase of six air compressors for the Transportation and Public Works Department and the Water Department; stating that funds are available in Water and Sewer Operating Fund 45, Account Nos. 60-70-11 and 60-70-07, Index Codes 391185 and 378927, respectively, and General Fund 01, Account Nos. 20-80-03 and 20-45-01, Index Codes 239632 and 282590, respectively; and recommending that the purchase be made from Moody Day, Inc., on low bid, meeting City specifications, of $60,580.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. &C P-3914 re There was presented Mayor and Council Communication No. P-3914 from the City urchase of 100 Manager submitting a tabulation of bids received for the purchase of 100 sections of ections of 3/4 3/4 -inch red line booster hose for the Fire Department; stating that funds are nch red line boost available in General Fund 01, Account No. 36-30-00, Index Code 276204; and recommending r hose that the purchase be made from Casco Industries in the amount of $9,850.00 net, f.o.b. j Fort Worth. It was the consensus of the City Council that the recommendation be adopted. 'i thdrew M&C P-3915 Council Member Zapata made a motion, seconded by Council Member Granger, that Mayor and Council Communication No. P-3915, 1. Cancel the Purchase Agreement with Leon's Tire Service and Leonard Tire Service for Tire Repair for the City Services Minutes of City Council N-3 Page 485 486 TUESDAY, DECEMBER 19, 1989 &C P-3915 cont. Department; 2. Remove Leon's Tire Service and Leonard Tire Service from the Vendor List for One Year, be withdrawn from the agenda. When the motion was put to a vote by the Mayor, it prevailed unanimously. &C P-3916 re There was presented Mayor and Council Communication No. P-3916 from the City urchaseof crack Manager recommending that City Council confirm the award of an order in the amount of Baling material $16,759.62 to C raf co Texas, Inc., for emergency purchase of crack sealing material for the Transportation and Public Works Department, with funds available in General Fund 01, Account No. 20-80-03, Index Code 239442. Mayor Pro tempore Gilley made a motion, seconded by Council Member Garrison, that the award of an order in the amount of $16,759.62 to Crafco Texas, Inc., be approved, confirmed, and ratified and, when the motion was put to a vote by the Mayor, it prevailed unanimously. &C P-3917 re aintenance cover- There was presented Mayor and Council Communication No. P-3917 from the City S.E. (P -4B) Manager submitting a tabulation of bids received for maintenance of City -owned ge Memorex -Telex computer equipment for Information Systems and Services Department; T.C.E. (P -4D) stating that funds are available in General Fund 01, Inventory Subsidiary Account T.C.E. (P -4E) Nos. 159-001100 and 159-001900; and recommending that additional maintenance coverage be authorized with Sorbus from November 1, 1989, through January 1, 1989, for the flat rate of $20,000.00 net, f.o.b. Fort Worth; annual maintenance coverage of computer equipment effective January 2, 1990, through January 1, 1991, with option to renew for one year from Data Application Corporation for its low bid of $61,950.00 net, f.o.b. Fort Worth; with no other department authorized to use this agreement for a total amount not to exceed $81,950.00 net, f.o.b. Fort Worth. On motion of Council Member Garrison, seconded by Council Member Zapata, the recommendations were adopted. &C L-9987 re cqui si ti on of There was presented Mayor and Council Communication No. L-9987 from the City ight-of-way Manager, as follows: 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: Dedication of Right -of -Way, Slope Easements, Drainage Easement and Temporary Construction Easements for Harmon Road Type of Acquisition: Dedication of Right -of -Way, Slope Easements, Drainage Easement and Temporary Construction Easements Description of Land: Right -of -Way (Parcel 4) - A rectangularly shaped strip of land irregularly in depth and approximately 8,484.15 feet in length adjacent to the south and east property lines of Tract 2A, Josiah Walker Survey, Abstract No. 1600, as recorded in Volume 9381, Page 1821, Deed Records, Tarrant County, Texas. Slope Easement (Parcel 4A) - A rectangularly shaped strip of land 5 feet in depth and 400 feet in length adjacent to the southwesterly portion of the above right-of-way. Slope Easement (Parcel 4B) - A rectangularly shaped strip of land irregularly in depth and approximately 1,977 feet in length adjacent to the southeasterly portion of the above ri ght-of-way. Drainage Easement (Parcel 4C) - A rectangularly shaped strip of land 150 feet in depth and 120 feet in length adjacent to the southeasterly portion of the above right-of-way. Temporary Construction Easement (Parcel 4D) - A rectangularly shaped strip of land 50 feet in depth and approximately 898 feet in length adjacent to the southwesterly portion of the above right-of-way. Temporary Construction Easement (Parcel 4E) - A rectangularly shaped strip of land 50 feet in depth and approximately 2,525 feet in length adjacent to the southeasterly and easterly portions of the above right- of -way. Square Feet: R.O.W. (P-4) - 137,867.40 S.E. (P -4A) - 2,003.76 S.E. (P -4B) - 7,753.68 D.E. (P -4C) - 17,380.44 T.C.E. (P -4D) - 44,910.36 T.C.E. (P -4E) - 140,916.60 Zoning: Agricultural Minutes of City Council N-3 Page 486 &C L-9987 cont. M&C L-9987 adopted M&C L-9988 re acquisition of permanent sanitary sewer easement M&C L-9989 re cancellation of thf 50 -year lease with Bill E. Smith M&C L-9990 re letter of agreement with Texas Utilitie Electric Company 48`7 TUESDAY, DECEMBER 19, 1989 Parcel Nos.: 4, 4A, 4B, 4C, 4D and 4E Consideration: $1.00 Location: South of Highway No. 287 and East of Blue Mound Road Owner: James Olen Payton and wife, Faith Carrie Payton Financing: Sufficient funds are available in New Development, Fund 90, Project No. 095106-00, Harmon Road/Blue Mound Road to 287. This expenditure will be made from Index Code 699900. Land Agent: Aleeta Hackney 2. Project Name: Dedication of Right -of -Way and Temporary Construction Easement for Harmon Road Type of Acquisition: Dedication of Right -of -Way and Temporary Construction Easement Description of Land: Right -of -Way - A rectangularly shaped strip of land approximately 36 feet in depth and approximately 300 feet in length adjacent to the south property line of Tract 2A1, Josiah Walker Survey, Abstract No. 1600, as recorded in Volume 9385, Page 1813, Deed Records, Tarrant County, Texas. Temporary Construction Easement - A rectangularly shaped strip of land 50 feet in depth and approximately 300 feet in length adjacent to the above right-of-way. Square Feet: R.O.W. - 10,846.44 T.C.E. - 15,028.20 Zoning: Agricultural Parcel Nos.: 5 and 5A Consideration: $1.00 Location: South of Highway No. 287 and East of Blue Mound Road Owner: Frances Sue Payton Financing: Sufficient funds are available in New Development, Fund 90, Project No. 095106-00, Harmon Road/Blue Mound Road to 287. This expenditure will be made from Index Code 699900. Land Agent: Aleeta Hackney It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. L-9987, be adopted. There was presented Mayor and Council Communication No. L-9988 from the City Manager recommending that the City pay a total consideration of $600.00 for a permanent easement 10 feet in width and 50.75 feet in length out of Lot 15, T.H. Conner Addition, as recorded in Volume 9453, Page 480, Deed Records, Tarrant County, Texas; same being located 41.94 feet west of the northeast corner and extending southerly for a total distance of 50.75 feet; located at 509 Conner; owned by K. Logan Swords II; and required for Sanitary Sewer Easement, Lot 15, T.H. Conner Addition. It was the consensus of the City Council that easement be acquired as recommended and that the expenditure be charged to Sewer Capital Improvement Fund 08, Project No. 013086-00, Index Code 699785. There was presented Mayor and Council Communication No. L-9989 from the City Manager stating that Carter R. Smith entered into a lease agreement on June 11, 1982, for Lot 31, Block 31, Lake Worth Lease Survey; that the lease was assigned to Bill E. Smith on January 22, 1986; that Mr. Smith currently is in arrears 33 months with his lease rental account for a total of $1,905.75 plus $403.42 interest; that the required notice was mailed to the Lessee on July 19, 1988, giving notice of termination for default unless all arrearages were paid current; and recommending that the cancellation of the 50 -year lease with Bill E. Smith covering Lot 31, Block 31, Lake Worth Lease Survey be authorized. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. L-9990 from the City Manager stating that the Water Department has requested permission to install a 14 -inch sanitary sewer on Texas Electric Company's easement and right-of-way; that, to accomplish this, an agreement has been submitted to the City by T.U.; and recommending that the City Manager be authorized to execute a letter of agreement with Texas Minutes of City Council N-3 Page 487 TUESDAY, DECEMBER 19, 1989 M&C L-9990 cont. Utilities Electric Company. It was the consensus of the City Council that the and adopted recommendation be adopted. Withdrew M&C L-999On motion of Council Member Murrin, seconded by Council Member Chappell, Mayor and Council Communication No. L-9991, Purchase of Property - Park Subdivision of Field Welch Addition located at the northeast corner of Hemphill and Rosedale, was withdrawn from the agenda. M&C C-12049 re There was presented Mayor and Council Communication No. C-12049 from the City contract with Manager submitting a proposed contract for the installation of community facilities to Tandy Corporation serve Tandy Technology Center; describing the project costs and financing; and recommending that: 1. The following bond fund transfer be approved: FROM TO AMOUNT REASON 90-136901-00 90-136119-00 $16,401 To provide New Development Tandy Technology funds for Unspecified Center -City's cost Engineering Access Road of street 90-037901-00 90-136060-00 $86,507.41 construction. 90-095701-00 90-136119-00 $ 984 To provide City Share Tandy Technology funds for of Design Center City's cost Engineering of design in New engineering. Development 2. The City Manager be authorized to reimburse the developer for the City's share of cost for street and storm drainage improvements upon satisfactory completion of the same; and 3. The City Manager be authorized to execute the Community Facilities Agreement with the developer, Tandy Corporation. M&C C-12049 adopte It was the consensus of the City Council that the recommendations be adopted. M&C C-12050 re There was presented Mayor and Council Communication No. C-12050 from the City amendment to cover Manager stating that the installation of community facilities for Northport Engineering Con- Addition/South Airport Access Road and Keller -Haslet Road Upgrade was approved on tract Amendments February 9, 1988, by Mayor and Council Communication No. C-10792; that the contract was with Albert H. executed by the City Manager on June 17, 1988; that, under the contract, provisions Halff Associates, were made for the installation of streets, storm drains, street lights, and street name Inc. signs in accordance with the development policy in effect at that time; that, subsequent to the approval of the subject agreement, additional engineering special services were found to be necessary to complete the improvements on the south entrance of the airport; and recommending that: 1. the following bond fund transfer be approved: FROM TO AMOUNT REASON 90-095701-00 90-136060-00 $36,205.91 To provide funds City Share of Northport Addn. for amendment to of Design South Airport CFA for special Engineering Access Road services. 90-037901-00 90-136060-00 $86,507.41 To cover right - Development Northport Addn. of -way acquisi- Adjacent to South Airport tion costs. Parks Access Road 2. the City Manager be authorized to execute an amendment to Community Facilities Agreement No. 16477 to cover Engineering Contract Amendments No. 2 and 3 with Albert H. Halff Associates, Inc., which provide for additional engineering special services required to complete improvements on the south entrance of Alliance Airport. M&C C-12050 adopted It was the consensus of the City Council that the recommendations be adopted. M&C C-12051 re There was presented Mayor and Council Communication No. C-12051 from the City Underwriters Ad- Manager stating that workers' compensation claims adjusting services have been provided justing Company to the City by Underwriters Adjusting Company since January 1, 1984; that, during 1988, the City conducted a competitive bid process for this service and Underwriters Adjusting Company was awarded the contract for the period of January 1, 1989, to January 1, 1990; that the bid submitted by Underwriters Adjusting Company, per City specifications, provided not only terms for the period of January 1, 1989, to January 1, 1990, but also provided terms for two separate subsequent one-year renewal periods; that the contract with Underwriters Adjusting Company was amended to add the additional service of computerized audit of medical bills by Mayor and Council j Communication No. C-11883; that this contract amendment states the cost of this Minutes of City Council N-3 Page 488 TUESDAY, DECEMBER 19, 1989 M&C C-12051 cont. additional service will not change during either of the optional one-year renewal periods; that the performance of Underwriters Adjusting Company has been excellent; stating that funds are available in Insurance Fund 73, Account No. 15-73-10, Index Code 395004; and recommending that the City Council approve Underwriters Adjusting Company as the provider for claims adjusting service for the City's Workers' Compensation Program for the period beginning January 1, 1990, and ending January 1, 1991; and authorize the City Manager to execute the first of two optional one-year renewal contracts with this firm for the period of January 1, 1990, to January 1, 1991, at an estimated cost for 1990, based on Underwriters Adjusting Company bids, of approximately $220,000.00. It was the consensus of the City Council that the recommendation be adopted. M&C C-12052 re There was presented Mayor and Council Communication No. C-12052 from the City lease renewal with Manager stating that Acme School of Aeronautics, Inc., assumed the lease in the Meacham Acme School of Airport Terminal Building, City Secretary Contract No. 17178, for space formerly leased Aeronautics, Inc. by AeroPhysics Services, Inc.; that the term of the primary contract will expire on December 31, 1989, and Acme seeks to renew the lease; that the term of the extended lease will begin on January 1, 1990, and end on December 31, 1990; that the total annual revenue is $9,612.60; and recommending that the City Manager be authorized to enter into a lease renewal with Acme School of Aeronautics, Inc., for space in the Meacham Airport Terminal Building. It was the consensus of the City Council that the recommendation be adopted. Murrin, Webber, and Chappell NOES: None ABSENT: None NOT VOTING: Mayor Pro tempore Gilley M&C C-12054 re There was presented Mayor and Council Communication No. C-12054 from the City amendment to Manager stating that City Secretary Contract No. 17246 was executed by the City Manager Community Facili- on July 28, 1989, for the installation of community facilities to serve Trinity ties Agreement Industrial Park Addition, Lot 4; that, subsequent to the approval of the subject agreement, the Water Department decided that a 16 -inch water main would be necessary to serve the area; and recommending that the City Manager be authorized to execute an amendment to the Community Facilities Agreement No. 17246 to include the cost difference between a 16 -inch and 12 -inch water line and two percent construction inspection fee, and that a bond fund transfer in the amount of $32,088.00 be authorized from 83-015901-00, Unspecified, to 83-015046-00, Trinity Industrial Park Addition, Lot 4, to provide funds for City's cost of water construction. It was the consensus of the City Council that the recommendations be adopted. M&C C-12055 re There was presented Mayor and Council Communication No. C-12055 from the City Approved change Manager, as follows: order No. 2 with SUBJECT: PROPOSED CHANGE ORDER NO. 2 FOR IMPROVEMENTS AT THE Architectural CENTRAL BUSINESS DISTRICT ENTRANCE AT 4TH/6TH STREETS Utilities, Inc. (ARCHITECTURAL UTILITIES, INC.) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Approve proposed Change Order No. 2 to City #17368 with Architectural Utilities, Inc. $3,015, which increases the contract price to Minutes of City Council N-3 Page 489 Secretary Contract in the amount of $293,905; and There was presented Mayor and Council Communication No. C-12053 from the City M&C C-12053 re Manager submitting a proposed contract for the installation of community facilities to contract with The serve Elm Crest Addition, Phase I; describing the proposed project cost and financing; Bellaire Company and recommending that the City Manager be authorized to execute Community Facilities Joint Venture Agreement with The Bellaire Company Joint Venture and that the City Manager be authorized to reimburse the developer for the City's share of cost for storm drain and street improvements upon satisfactory completion of the same. It was the consensus of the City Council that the recommendation be adopted. Mayor Pro tempore Gilley requested that he be allowed to abstain from voting on Mayor and Council Communication No. C-12053. Council Member Murrin made a motion, seconded by Council Member Chappell, that Mayor Pro tempore Gilley be allowed to abstain from voting on Mayor and Council Communication No. C-12053. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Zapata made a motion, seconded by Council Member McCray, that the recommendation, as contained in Mayor and Council Communication No. C-12053, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Council Members Zapata, Garrison, Granger, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: None NOT VOTING: Mayor Pro tempore Gilley M&C C-12054 re There was presented Mayor and Council Communication No. C-12054 from the City amendment to Manager stating that City Secretary Contract No. 17246 was executed by the City Manager Community Facili- on July 28, 1989, for the installation of community facilities to serve Trinity ties Agreement Industrial Park Addition, Lot 4; that, subsequent to the approval of the subject agreement, the Water Department decided that a 16 -inch water main would be necessary to serve the area; and recommending that the City Manager be authorized to execute an amendment to the Community Facilities Agreement No. 17246 to include the cost difference between a 16 -inch and 12 -inch water line and two percent construction inspection fee, and that a bond fund transfer in the amount of $32,088.00 be authorized from 83-015901-00, Unspecified, to 83-015046-00, Trinity Industrial Park Addition, Lot 4, to provide funds for City's cost of water construction. It was the consensus of the City Council that the recommendations be adopted. M&C C-12055 re There was presented Mayor and Council Communication No. C-12055 from the City Approved change Manager, as follows: order No. 2 with SUBJECT: PROPOSED CHANGE ORDER NO. 2 FOR IMPROVEMENTS AT THE Architectural CENTRAL BUSINESS DISTRICT ENTRANCE AT 4TH/6TH STREETS Utilities, Inc. (ARCHITECTURAL UTILITIES, INC.) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Approve proposed Change Order No. 2 to City #17368 with Architectural Utilities, Inc. $3,015, which increases the contract price to Minutes of City Council N-3 Page 489 Secretary Contract in the amount of $293,905; and 490 TUESDAY, DECEMBER 19, 1989 M&C C-12055 cont. I 2. Approve the addition of 6 working days to the contract for a total of 69 working days. DTrCITON- On August 29, 1989 (M&C C-11843), the City Council authorized the City Manager to execute a contract (Contract No. 17368) with Architectural Utilities, Inc. to construct improvements in the Central Business District Entrance at 4th/6th Streets. The original contract price was $288,900. Project Change Order No. 1 was for the installation of 104 LF of 9 -inch wide level -up curb at the concrete rip -rap under the bridge at the west side of the 6th Street entrance. The existing conditions uncovered during demolition would have caused a drainage problem. The work included saw cutting and removal of existing rip -rap and installation of a concrete band dowelled into the rip -rap. The Change Order added $1,990 and 3 additional working days to the contract. Change Order No. 1 was approved administratively. PROPOSED CHANGE ORDER NO. 2: After on-site review of the plans with the contractor and the existing site conditions during demolition, it is proposed to make the following changes: 1. Install 110 LF of 9 -inch wide level -up curb at the concrete rip -rap under the bridge at the east side of the 6th Street entrance. Existing conditions uncovered during demolition will cause drainage problems. The work includes saw cutting and removal of existing concrete rip -rap and installation of a concrete band dowelled into the rip -rap. This work will alleviate potential drainage problems. Additional Cost: $ 1,870 2. Install new concrete curb and pavers at the 7th Street island at Grove Street. Existing conditions discovered during demolition included an asphalt curb and paving used to direct traffic into the 7th Street exit. The work includes removal of existing asphalt curb and pavement, including concrete curb within the pavement, and installation of new concrete curb, concrete sub -base and concrete pavers. Additional Cost: $ 1,670 3. Reduce the size of the 21 Live Oak trees from 4 -inch caliper to 2-3/4 - 3-1/4 inch caliper. This will provide a savings of $25 per tree and reduce project costs. Reduction in Cost: $ 525 Total of the above items is $3,015 (net). The contractor will need an additional 6 working days to perform these items, thus revising the contract time to 69 working days. PROJECT COSTS: Original Contract Price $288,900 Change Order No. 1 1,990 Proposed Change Order No. 2 3,015 Proposed Revised Contract Price $293,905 FINANCING: Sufficient funds are available in Park and Recreation Improvement Fund 36, Project No. 041035-00, C.B.D. Entrances. Expenditures will be made from Index Code 675348. &C C-12055 adopted; It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12055, be adopted. &C C-12056 re There was presented Mayor and Council Communication No. C-12056 from the City ontract with Manager stating that Proposition No. 2 of the Capital Improvement Program approved by lbe r t R. Spence, the voters on March 22, 1986, included the development of a Demonstration Garden in the rchitect/Landscape! Botanic Garden totaling $350,000.00; that the architectural/engineering firm short list r chitec t was recommended July 28, 1989; that the final ranking of the firms and consensus of the selection committee was based upon the strongest presentations, relevant experience, and responses to the questions of the committee; that negotiations with Elbert Spence resulted in a proposal to provide professional services for the project for a fee not to exceed $55,230.00; that the first stage will involve the master planning of the entire Demonstration Garden site for a fee not to exceed $28,860.00 and the second segment of the consultant contract will formulate plans and specifications for a fee Minutes of City Council N-3 Page 490 491 M&C C-12056 cont. not to exceed $26,370.00 which will address the first phase implementation of the Demonstration Garden with a construction budget of $260,000.00; stating that funds are available in Park and Recreation Improvement Fund 05, Project No. 045001-00, Index Code 625368; and recommending that the City Manager be authorized to execute a contract with Elbert R. Spence, Architect/Landscape Architect, in an amount not to exceed $55,230.00, for the Master Plan Development and Phase I Construction Plans for the Demonstration Garden in the Botanic Garden. It was the consensus of the City Council that the recommendation be adopted. M&C C-12057 re submission of There was presented Mayor and Council Communication No. C-12057 from the City grant to the Manager stating that the goal of the AIDS Services program is to perform health Texas Department services which may minimize the need for more costly medical services later; that of Health,aADS Sub -component objectives include providing timely, low cost initial and follow-up Division physical exams to HIV positive non -symptomatic persons and their partners and the maintenance of an ongoing collaboration between Health Department staff and target community based organizations, to involve them in AIDS Services activities; that there is no City match required for this grant; and recommending that the City Manager be authorized to: 1. Submit a grant amendment to contract C0000529, Attachment 12, to the Texas Department of Health, AIDS Division, for additional funding of an Acquired Immune Deficiency Syndrome (AIDS) Services program for the period January 1, 1990 to August 31, 1990, in the amount of $23,882.00, which increases the total amount of Attachment 12 to $79,886.00; and 2. Authorize the Accounting Division of the Finance Department, subject to funding agency approval and the City Manager's acceptance of the grant, to establish the grant project account in the City of Fort Worth financial accounting system upon receipt of an executed contract; and 3. Accept any additional funding offered for this grant for the period January 1, 1990 to August 31, 1990; and M&C C-12059 re There was presented Mayor and Council Communication No. C-12059 from the City lease renewal with Manager stating that, under City Secretary Contract No. 16221, as extended by City Laurent and Bobbie Secretary Contract No. 17102, Pegasus Flight Center, Inc., leases 544 square feet of Jo Jacquelin, as second floor office space in the Fort Worth Meacham Airport Terminal Building; that the individuals contract with expire December 31, 1989, and the tenant seeks a one-year renewal; that the term of the lease renewal will begin January 1, 1990, and end December 31, 1990; that the total annual revenue is $4,536.96; 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 second floor office space at Fort Worth Meacham Airport. It was the consensus of the City Council that the recommendation be adopted. M&C C-12060 re There was presented Mayor and Council Communication No. C-12060 from the City approved change Manager, as follows: order no. 5 with Hall Albert Ex- SUBJECT: CHANGE ORDER NO. 5 - KELLER-HASLET ROAD AND HERITAGE cavati ng-Concho PARKWAY (ALLIANCE AIRPORT) Construction Com- pany Joint Venter RECOMMENDATION: It is recommended that the City Council approve Change Order No. 5 for a credit of $11,983.17 decreasing City Secretary Contract No. 16916 with Hall Albert Excavating-Concho Construction Company Joint Venture to $4,013,488.19 to construct Keller -Haslet Road and Heritage Parkway at Alliance Airport. Minutes of City Council N-3 Page 491 4. Apply indirect cost rates in accordance with the City's Administrative Regulation 3-15 (apply the 1989 rate of 22.10 percent, which represents the most recently approved rate for this department). M&C C-12057 adopted It was the consensus of the City Council that the recommendations be adopted. M&C C-12058 re There was presented Mayor and Council Communication No. C-12058 from the City extension of the Manager stating that under City Secretary Contract No. 15820, as extended by City auto rental con- Secretary Contract Nos. 16230 and 16950, Budget Rent-A-Car Systems, Inc., operates an session agreement auto rental concession at Fort Worth Meacham Airport; that the agreement will expire on December 31, 1989, and the tenant seeks to again renew the contract; that the term of the concession agreement will be for six months, beginning January 1, 1990, and ending June 30, 1990; that Budget Rent-A-Car Systems, Inc., will continue to pay to the City of Fort Worth ten percent of its gross revenues derived from sales attributable to its operations at Meacham Airport; and recommending that the City Manager be authorized to execute extension of the auto rental concession agreement with Budget Rent-A-Car Systems, Inc. It was the consensus of the City Council that the recommendation be adopted. M&C C-12059 re There was presented Mayor and Council Communication No. C-12059 from the City lease renewal with Manager stating that, under City Secretary Contract No. 16221, as extended by City Laurent and Bobbie Secretary Contract No. 17102, Pegasus Flight Center, Inc., leases 544 square feet of Jo Jacquelin, as second floor office space in the Fort Worth Meacham Airport Terminal Building; that the individuals contract with expire December 31, 1989, and the tenant seeks a one-year renewal; that the term of the lease renewal will begin January 1, 1990, and end December 31, 1990; that the total annual revenue is $4,536.96; 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 second floor office space at Fort Worth Meacham Airport. It was the consensus of the City Council that the recommendation be adopted. M&C C-12060 re There was presented Mayor and Council Communication No. C-12060 from the City approved change Manager, as follows: order no. 5 with Hall Albert Ex- SUBJECT: CHANGE ORDER NO. 5 - KELLER-HASLET ROAD AND HERITAGE cavati ng-Concho PARKWAY (ALLIANCE AIRPORT) Construction Com- pany Joint Venter RECOMMENDATION: It is recommended that the City Council approve Change Order No. 5 for a credit of $11,983.17 decreasing City Secretary Contract No. 16916 with Hall Albert Excavating-Concho Construction Company Joint Venture to $4,013,488.19 to construct Keller -Haslet Road and Heritage Parkway at Alliance Airport. Minutes of City Council N-3 Page 491 192 TUESDAY DECEMBER 19. 1989 M&C C-12060 cont. BACKGROUND: On January 1, 1989 (M&C C-11417), the City Council awarded a contract in the amount of $3,985,530.79 to Hall Albert Excavating- Concho Construction Company, Joint Venture, to construct Keller - Haslet Rd. and Heritage Parkway adjacent to Alliance Airport. This was assigned City Secretary Contract No. 16916 and was subsequently increased to $4,025,471.36 by approval of Change Orders 1 through 4. DISCUSSION: The contract provided for this contractor to construct a small wedge shaped section of pavement just north of the bridge across Henrietta Creek. This section 75 foot length ends at the beginning of the contract awarded to APAC-Texas, Inc. to construct Heritage Parkway to the north. City Council has approved a change order to add this short section to the APAC-Texas contract and thereby eliminate the need for this contractor to move all his equipment to complete this short section. Hall Albert Excavation-Concho Construction Joint Venture agree to the deduction of 462 square yards of pavement with associated base and curb from their contract. This amounts to a reduction of $11,983.17. Staff has reviewed this proposal and concurs in the change between contractors for this small amount of work. PROJECT COST AND FINANCING: Original Contract Cost: $3,985,530.79 Approved Change Order No. 1 through 4: 39,940.57 Proposed Change Order No. 5: 11,983.17 Proposed Contract Cost: 4,013,488.19 FINANCING: No additional funds are required since this Change Order reduces the overall contract amount. M&C C-12060 adopte4 It was the consensus of the City Council that the recommendation, as contained in Mayor Minutes of City Council N-3 Page 492 and Council Communication No. C-12060, be adopted. M&C C-12061 re There was presented Mayor and Council Communication No. C-12061 from the City amendment with Manager stating that a contract was authorized with Southwestern Laboratories on Southwestern Lab- January 3, 1989, by Mayor and Council Communication No. C-11396, for an amount not to oratories exceed $172,000.00 for material testing and geotechnical services during the construction of Phase II of the Fort Worth Alliance Airport improvements; that this contract was assigned City Secretary Contract No. 16920 and that the contract was increased to $247,000.00 to cover unanticipated overtime work resulting from a contractor working double shifts and six day work weeks; that a great many changes have been made to the original airport construction contract since the date of award of this contract which have had a significant impact on the material testing requirements; that the desire to complete this road expeditiously will require Southwestern Laboratories to provide a full time Material Testing Technician while work is in progress; that Southwestern Laboratories' request for increasing the contract limits by $38,000.00 has been closely reviewed by the Engineering staff and is felt that this request is necessary and proper; that funds are available in Grant Fund 76, Project No. 218601-04, Index Code 400440; and recommending that the City Manager by authorized to amend City Secretary Contract No. 16920 with Southwestern Laboratories for geotechnical services at Fort Worth Alliance Airport in the amount of $38,000.00. It was the consensus of the City Council that the recommendation be adopted. M&C C-12062 re There was presented Mayor and Council Communication No. C-12062 from the City contract with L.D. Manager submitting a tabulation of bids received for construction of 34th Street from Conatser Contrac- Ross Avenue to North Main Street; and recommending that the City Council: tors 1. Approve the following fund transfers: FROM TO AMOUNT REASON 94-009905-00 67-040197-00 $20,780.38 To move property Special 34th Street, owners' share of Assessments Ross to N. cost from Re - Unspecified Main volving Fund to Project Account. 67-040901-00 67-040197-00 $82,649.87 To provide funds Inner City 34th Street, for the City's � Streets Ross to N. share of con - Unspecified Main struction cost. 76-206081-35 76-206081-42 $44,327.25 To provide funds Twelfth Year 34th Street, for street im- CDBG Inner Ross to N. provements. City Streets Main Minutes of City Council N-3 Page 492 493 TUESDAY, DECEMBER 19, 1989 M&C C-12062 cont. 2. Authorize the City Manager to execute a contract with L.D. Conatser Contractors, in the amount of $147,757.50 and 45 working days for the construction of 34th Street, Ross Avenue to North Main Street; 3. Declare the necessity for and order the improvements to 34th Street from Ross Avenue to North Main Street; 4. Authorize the assessment of a portion of the cost of the improvements against the owners of the abutting property; 5. Approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate; 6. Establish January 16, 1990, as the date of the benefit hearing; 7. Authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes; and 8. Adopt an ordinance reflecting the City Council's authorization and approval of Items 2 through 7 above, and other applicable requirements of Article 1105b, Vernon's Annotated Civil Statutes. Ms. Rachel Tobin re M&C C-12062 Ms. Rachel Tobin, representative of the Allied Community of Tarrant, appeared before the City Council and requested that City Council give favorable consideration for the assessment paving of 34th Street from Ross Avenue to North Main Street. Council Member Zapata made a motion, seconded by Council Member Murrin, that the recommendations be adopted and, when the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Ordinance Council Member Zapata introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Murrin. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10475 10475 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF THIRTY-FOURTH STREET, FROM ROSS AVENUE TO NORTH MAIN STREET, AS HEREINAFTER SET FORTH; APPROVING PROJECT PLANS AND SPECIFICATIONS; ORDERING AND APPROVING ESTIMATE OF COSTS; LETTING CONTRACT TO L.D. CONATSER CONTRACTORS IN THE AMOUNT OF $147,757.50, FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED; MAKING PROVISIONS FOR THE LEVY OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE COSTS OF SUCH IMPROVEMENTS; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET IMPROVEMENTS ARE AND SHALL BE IN ACCORDANCE WITH ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES; AND DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOKS OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY; AND PROVIDING AN EFFECTIVE DATE. M&C C-12063 re There was presented Mayor and Council Communication No. C-12063 from the City lease agreement Manager, as follows: with Aqua Golf/ SUBJECT: CASINO BEACH/AQUA GOLF LEASE Lake Worth, Inc. Minutes of City Council N-3 Page 493 494 M&C C-12063 cont. TUESDAY. DECEMBER 19. 1989 RECOMMENDATION: 1. The City Manager be authorized to enter into a lease agreement with Aqua Golf/Lake Worth, Inc. for the use of approximately fifteen (15) acres of land at Lake Worth; and 2. Primary term of the lease will be for ten (10) years with two (2) ten (10) year extension options. nTCrIICCTnN- On November 14, 1989, Council approved M&C C-11991 which authorized the lease of approximately fifteen (15) acres of land to Aqua Golf/Lake Worth, Inc. While the option year lease terms were acceptable, Council had concerns with lease amounts during the primary term of the proposed lease. After extended negotiations, Aqua Golf/Lake Worth, Inc. has agreed to a primary term which would provide a minimum rate of return of 9% to the City over the ten (10) year period based on a land value of $25,000 per acre. A provision has also been included which would protect the City against any potential revenue loss by inserting a 3% gross revenue factor for the previous year's receipts. The following schedule outlines the City's revenue potential: Year 1 $ 18,000 per year, payable at end of first year. There was presented Mayor and Council Communication No. C-12064 from the City Year 2 $ 24,000 per year, or 3% of gross for previous year, percent; the City of Arlington pay 20 percent; and the City of Fort Worth, as the city with the largest population in the county, shall pay 40 percent; that, if the district whichever is greater. the County and the cities for actual expenses incurred in the creation of the district; that the City of Fort Worth's share of these anticipated expenditures totals Year 3 $ 27,000 per year, or 3% of gross for previous year, whichever is greater. Year 4 $ 30,000 per year, or 3% of gross for previous year, whichever is greater. Year 5 $ 33,000 per year, or 3% of gross for previous year, whichever is greater. Year 6 $ 36,000 per year, or 3% of gross for previous year, whichever is greater Year 7 $ 39,000 per year, or 3% of gross for previous year, whichever is greater. Year 8 $ 42,000 per year, or 3% of gross for previous year, whichever is greater. Year 9 $ 45,000 per year, or 3% of gross for previous year, whichever is greater. Year 10 $ 48,000 per year, or 3% of gross for previous year, whichever is greater. Year 11-20 $ 84,000 per year, or 7% of gross for previous year, whichever is greater. Year 21-30 $150,000 per year, or 10% of gross for previous year, whichever is greater. In the event the lease is cancelled during the first year, Aqua Golf guarantees the payment of the prorated amount of the first year's lease payment. The lease will have a 90 day cancellation clause for cause. M&C C-12063 adoptee On motion of Council Member Murrin, seconded by Mayor Pro tempore Gilley, the recommendations, as contained in Mayor and Council Communication No. C-12063, were adopted. M & C C-12064 re agreement with There was presented Mayor and Council Communication No. C-12064 from the City Tarrant County Manager stating that the Tarrant County Crime Control and Prevention District was and the City of created by legislation passed in the 1989 Regular Session of the Texas Legislation; Arlington that the legislation stipulates any expenses incurred in the creation of the district shall be allocated along the following percentages: Tarrant County shall pay 40 percent; the City of Arlington pay 20 percent; and the City of Fort Worth, as the city with the largest population in the county, shall pay 40 percent; that, if the district is created by voter approval, according to legislation, the district shall reimburse the County and the cities for actual expenses incurred in the creation of the district; that the City of Fort Worth's share of these anticipated expenditures totals $40,000.00; that this money will be used for the purpose of paying for consultant services (approximately $70,000.00) and for administrative costs at local level, such as the staff for research, and for public information about the district; and recommending the following: 1. That the City Manager be authorized to establish in General Fund 01, Non -Departmental, Intergovernmental Participation Minutes of City Council N-3 Page 494 495 TUESDAY, DECEMBER 19, 1989 M&C C-12064 cont. Division, a section entitled, "Crime Control District - Participation", with Account Number 90-45-01; and 2. That a supplemental appropriations ordinance be adopted increasing appropriations by $40,000 in the General Fund 01, Non -Departmental Account No. 90-45-01 from the unreserved, undesignated fund balance of the General Fund 01 fund balance for the purpose of providing funds for expenses incurred in the process of creating of the Tarrant County Crime Control and Prevention District through May 1990; and 3. That the City Manager be authorized to execute a memorandum of agreement with Tarrant County and the City of Arlington establishing procedures for providing interim financing for the Tarrant County Crime Control and Prevention District prior to voter consideration. M&C C-12064 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 Zapata. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10476 10476 AN ORDINANCE APPROPRIATING $40,000 TO THE GENERAL FUND 01, NON -DEPARTMENTAL, ACCOUNT NO. 90-45-01, AND DECREASING THE UNRESERVED, UNDESIGNATED FUND BALANCE OF THE GENERAL FUND 01 BY THE SAME AMOUNT FOR THE PURPOSE OF PROVIDING FUNDS FOR EXPENSES INCURRED IN THE PROCESS OF CREATING THE TARRANT COUNTY CRIME CONTROL AND PREVENTION DISTRICT THROUGH MAY 1990; 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 FP -2641 re There was presented Mayor and Council Communication No. FP -2641 from the City contract for 16- Manager stating that the contract for 16 -inch water main replacement, Ridgmar inch Water Main Boulevard, has been completed in accordance with plans and specifications under Replacement Contract No. 17300 awarded to J.D. Vickers, Inc., on August 15, 1989; and recommending that the City Council accept as complete contract for 16 -inch water main replacement, Ridgmar Boulevard and authorize final payment in the amount of $60,293.57 to J.D. Vickers, Inc., with funds available in Water Capital Project Fund 53, Retainage No. 205-017300, Contract Encumbrance No. 017300A and Sewer Capital Project Fund 58, Retainage No. 205-017068, Contract Encumbrance No. 017068B, Index Codes 620153, 000539, 658815, and 000588, respectively. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2642 re complete Kenrick, There was presented Mayor and Council Communication No. FP -2642 from the City Locke, Lyndon, and Manager stating that Kenwick, Locke, Lyndon and Royal Street Improvements have been Royal Street Ima completed in accordance with plans and specifications under Contract No. 16907 awarded Royal Street ents to Centerline Constructors, Inc., on December 8, 1988; and recommending that the City proveCouncil accept as complete Kenwick, Locke, Lyndon and Royal Street Improvements and authorize final payment in the amount of $25,313.49 to Centerline Constructors, Inc., with funds available in Street Improvement Fund 67, Retainage Account No. 205-016907, Contract Encumbrance No. 16907A. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2643 re complete Slocum There was presented Mayor and Council Communication No. FP -2643 from the City Avenue assessment Manager stating that Slocum Avenue Assessment Paving from Joyce to Bonnie has been paving from Joyce to Bonnie Minutes of City Council N-3 Page 495 496 TUESDAY, DECEMBER 19, 1989 &C FP -2643 cont. completed in accordance with plans and specifications under Contract No. 16908 awarded to Centerline Constructors, Inc., on December 8, 1988; and recommending that the City Council accept as complete the paving of Slocum Avenue assessment paving from Joyce to Bonnie and authorize final payment in the amount of $14,860.64 to Centerline Constructors, Inc., and approve final assessment rolls and authorize the issuance of certificates in evidence of special assessments levied against the abutting property owners of Slocum Avenue from Joyce to Bonnie, with funds available in Street Improvements Fund 67, Retainage Account No. 205-016908, Contract Encumbrance No. 16908A. It was the consensus of the City Council that the recommendations be adopted. &C FP -2644 re There was presented Mayor and Council Communication No. FP -2644 from the City inal payment to Manager stating that Miscellaneous Curb and Gutter, Driveway and Pavement Base Repair arrod Paving Co- (89-4) Street Improvements have been completed in accordance with plans and pany specifications under Contract No. 17123 awarded to Harrod Paving Company, Inc., on May 2, 1989; and recommending that the City Council accept as complete Miscellaneous Curb and Gutter, Driveway and Pavement Base Repair (89-4) Street Improvements; authorize final payment in the amount of $13,340.73 to Harrod Paving Company, Inc.; and authorize the City Manager to approve a bond fund in the amount of $296.79 from 67-035901-00, Miscellaneous Streets and Drainage Unspecified, to 67-053116-00, Curb, Gutters, Driveways 89-4, to provide additional funds for construction. It was the consensus of the City Council that the recommendations be adopted. Denial of Z-89-102 It appearing to the City Council that on December 12, 1989, the City Council continued the hearing in connection with Pedro R. Rodriguez for property located at 904 West Northside Drive from "E" Commercial to "F -R" Restricted Commercial, Zoning Docket No. Z-89-102, which application was denied by the Zoning Commission, continued the hearing from day to day and from time to time to give every interested person or citizen opportunity to be hear, Mayor Bolen asked if there was anyone present desiring to be heard. Mr. Pedro Rod- Mr. Pedro Rodriguez, applicant for a change in zoning of property located at riquez re Z-89-102 904 West Northside Drive from "E" Commercial to "F -R" Restricted Commercial, Zoning Docket No. Z-89-102, appeared before the City Council and requested that City Council give favorable consideration for the change in zoning. There being no one else present desiring to be heard, Council Member Murrin made a motion, seconded by Council Member Zapata, that the hearing in connection with the recommended change in zoning from "E" Commercial to "F -R" Restricted Commercial of the property located at 904 West Northside Drive, Zoning Docket No. Z-89-102, be closed and that the recommendation of the City Zoning Commission for denial be upheld. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C OCS-55 There was presented Mayor and Council Communication No. OCS-55 from the Second Public Office of the City Secretary stating that the time table was approved on November 21, Hearing of Tally 1989, by Mayor and Council Communication No. G-8323 for contemplated annexation of Addiiton 1.055 Acres in the Tally Addition; that notice of the second public hearing was published in the Fort Worth Star -Telegram, on December 6, 1989; that the property is located at the southeast corner of I -35W (North) and Keller-Haslett Road (County Road No. 4042); and that, if annexed, it would become a part of City Council District 2. Mayor Bolen asked if there was anyone present desiring to be heard. There being no one else present desiring to be heard in connection with the annexation of approximately 1.055 acres of land in the Tally Addition, Mayor Pro tempore Gilley made a motion, seconded by Council Member Murrin, that the hearing be closed and that the staff be authorized to institute annexation proceedings. When the motion was put to a vote by the Mayor, it prevailed unanimously. Ms. Rose Lee Ms. Rose Lee Garrett, 2774 South Adams, appeared before the City Council and Garrett re advised the City Council that she cannot get an attorney at this time to take the case foundation problem against the City for alleged foundation problems occurring after the reconstruction of at 2774 South Adams South Adams, but advised the City Council that she intends to pursue the case. Ms. Garrett was advised by Council Member Chappell to seek the help of the West Texas Legal Services and to seek help from Legal Referral Services. Met in closed or It was the consensus of the City Council that the City Council meet in closed executive session or executive session for the following purposes: 1. To discuss the following leases of real property: a) proposed ground lease and management agreement at Alliance Airport with Pinnacle Air Services, Inc.; b) proposed pipeline agreement with Koch Refining Company; as authorized by Section 2(f), Article 6252-17, V.A.C.S. The public discussion of such items would have a detrimental effect on the negotiating position of the City as between the City and a third person, firm or corporation. 2. To receive the advice of its attorney concerning the following matters which are protected from public disclosure by Canon 4, Texas Code of Professional Responsibility and Section 2(e), Article 6252-17, V.A.C.S.: Minutes of City Council N-3 Page 496 497 TUESDAY, `DECEMB:ER:19, 1989 et in closed or a) proposed ground lease and management agreement at xecutive session Alliance Airport with Pinnacle Air Services, Inc.; on t. b) the following pending litigation: 1) Briscoe Enterprises, Ltd. II et al v. Heartland Savings and Loan Association et al, Cause No. 141-121970-89; 2) 377 -Tree, Inc. v. City of Fort Worth Cause No. 96-103824-87 Reconvened into The City Council reconvened into regular session with seven members present, regular session and Council Members Webber and Garrison absent. &C G-8363 re There was presented Mayor and Council Communication No. G-8363 from the City pproved settle- Manager, as follows: ent lawsuit of 77 -Tree, Inc. SUBJECT: PROPOSED SETTLEMENT OF LAWSUIT STYLED: 377 -TREE, INC. VS CITY OF FORT WORTH CAUSE NO. 96-103824-87 RECOMMENDATION: It is recommended that the City Council approve the settlement of the lawsuit filed by Plaintiffs, 377 -Tree, Inc., and that the City Council authorize the City Manager to expend the sum of $172,000 plus taxable court costs for the settlement agreed to by the Plaintiffs, their attorney, and the City of Fort Worth. nTCrlICCTnN This suit was filed in May of 1987 for damages to the Plaintiff's nursery business which resulted from the City's failure to timely complete the installation of a sanitary sewer across the property. The Plaintiff also alleged additional damages to the property and plant inventory due to some work being done outside the scope of the easement. The Plaintiffs filed suit seeking $500,000 in damages. This case was tried by a jury during the week of November 27, 1989, and the jury returned their verdict in favor of the Plaintiffs in the amount of $302,000. Subsequent negotiations after the verdict have resulted in an agreement to settle the case in the amount of $172,000. While admitting no liability, but to avoid further and costly litigation, an agreement was reached to settle this lawsuit for $172,000. The Risk Management Department and the Department of Law recommend payment in the amount specified to effect settlement in this manner. FINANCING: Sufficient funds are available for this purpose in the Commercial/City Self -Insurance Fund 71, Account Number 15-71-20, Lawsuit Payments/Settlements. The expenditure will be made from Index Code number 399188. Mayor Pro tempore Gilley made --a motion, seconded by Council Member Zapata, that the recommendation, as contained in Mayor and Council Communication No. G-8363, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Granger, McCray, Murrin, and Chappell NOES: None ABSENT: Council Members Garrison and Webber djour ned There being no further business, the meeting was adjourned. i CITY SECRETARY MAYOR Minutes of City Council N-3 Page 497