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HomeMy WebLinkAbout1990/01/09-Minutes-City CouncilCouncil Met Members Present Invocation Pledge of Allegian ce Minutes of January 2, 1990 Introduced a Resolution CITY COUNCIL MEETING JANUARY 9,'1990 On the 9th day of January, A.D., 1990, 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, Virginia Nell Webber, and David Chappell; City Manager David Ivory; City Attorney Wade Adkins; City Secretary Ruth Howard; Council Member Steve Murrin absent; with more than a quorum present, at which time the following business was transacted: The Reverend Clyde Zellers, Associate Pastor of Polytechnic United Methodist Church, gave the invocation. The Pledge of Allegiance was recited. On motion of Mayor Pro tempore Gilley, seconded by Council Member Webber, the minutes of the meeting of January 2, 1990, were approved. Council Member Zapata introduced a resolution and made a motion that it be adopted. The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: Council Member Murrin The resolution, as adopted, is as follows: Minutes of City Council N-3 Page 544 5-5 TUESDAY JANUARY 9 1990 Resolution No. RESOLUTION NO. 1495 1495 COMMENDING THE SERVICE OF MORRIS C. MATSON TARRANT APPRAISAL DISTRICT BOARD OF DIRECTORS WHEREAS, Morris C. Matson has served as the City of Fort Worth representative on ;the Tarrant Appraisal District Board of Directors for two consecutive terms from 1986 through 1989; and WHEREAS, in October 1989 Mr. Matson informed the City Council that he would not be able to serve as a Director of Tarrant Appraisal District beyond the expiration of his current term on December 31, 1989; and WHEREAS, Mr. Matson has provided invaluable representation to the elected officials of the City of Fort Worth; and WHEREAS, Mr. Matson further has rendered outstanding service to the citizens of Fort Worth; Appointed Gloria Narvaez and oriva It appearing to the City Council that Gloria Narvaez was appointed as Saenz to the Neigh -representative to Seat 13 of the Neighborhood Resources Development Council and Otiva borhood Resources Saenz was appointed as alternate to Seat 13 on the Neighborhood Resources Development Development Council Council as representatives of the Hispanic Chamber of Commerce, Council Member Webber made a motion, seconded by Mayor Pro tempore Gilley, that the appointment of Mesdames Narvaez and Saenz as representatives of the Hispanic Chamber of Commerce to the Neighborhood Resources Development Council be approved, confirmed, and ratified. When the motion was put to vote by the Mayor, it prevailed with seven affirmative votes; Council Member Murrin absent; and Council Member Zapata "Not Voting". Appt. Council Mem- Mayor Pro tempore Gilley nominated Council Member Virginia Nell Webber as the ber Virginia Nell Webber to the Crime City of Fort Worth representative on the Crime District Committee and made a motion, District Committee seconded by Council Member Chappell, that Council Member Webber be appointed to the Crime District Committee. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C OCS-65 re There was presented Mayor and Council Communication No. OCS-65 from the City Tally Addition Secretary stating that public hearings were held on December 5, 1989, and December 19, annexing 1989, in connection with the City Council consideration of the annexation of 1.055 acres of land in Tally Addition, and that the hearings were closed not more than 20 days nor less than 10 days prior to this date, Council Member Garrison introduced an ordinance and made a motion that it be adopted on first reading and that the ordinance be published in the official newspaper of the City of Fort Worth in accordance with Minutes of City Council N-3 Page 545 NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL of the CITY OF FORT WORTH that Morris C. Matson is greatly appreciated for his outstanding service to Fort Worth and Tarrant County. Removed Item XVI City Manager Ivory removed agenda Item XVI, Hearing on the Petition for Hearing on the Establishment of Fort Worth Improvement District No. 3, from the agenda. Petition from the agenda Council Member Garrison requested that Mayor and Council Communication M&C G-8398 removed No. G-8398 be removed from the consent agenda. from agenda M&C G-8399 and G- Mayor Pro tempore Gilley requested that Mayor and Council Communication 8400 removed from Nos. G-8399 and G-8400 be removed from the consent agenda. agenda Consent agenda On motion of Mayor Pro tempore Gilley, seconded by Council Member Webber, the approved consent agenda, as amended, was approved. Consent agenda re- considered Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that the consent agenda be reconsidered. When the motion was put to a vote by the Mayor, it prevailed unanimously. Removed M&C G-8397 Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, from agenda that Mayor and Council Communication No. G-8397 be removed from the consent agenda. When the motion was put to a vote by the Mayor, it prevailed unanimously. Consent agenda approved Council Member Chappell made a motion, seconded by Council Member Garrison, that the consent agenda, as amended, be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Garrison requested permission to abstain from voting on confirmation of appointment of Gloria Narvaez and Otiva Saenz as representatives to the Neighborhood Resources Development Council. Council Member Chappell made a motion, seconded by Council Member Granger, that Council Member Zapata be permitted to abstain from voting on the appointment of Gloria Narvaez and Otiva Saenz as representative to Seat 13 on the Neighborhood Resources Development Council. When the motion was put to a vote by the Mayor, it prevailed unanimously. Appointed Gloria Narvaez and oriva It appearing to the City Council that Gloria Narvaez was appointed as Saenz to the Neigh -representative to Seat 13 of the Neighborhood Resources Development Council and Otiva borhood Resources Saenz was appointed as alternate to Seat 13 on the Neighborhood Resources Development Development Council Council as representatives of the Hispanic Chamber of Commerce, Council Member Webber made a motion, seconded by Mayor Pro tempore Gilley, that the appointment of Mesdames Narvaez and Saenz as representatives of the Hispanic Chamber of Commerce to the Neighborhood Resources Development Council be approved, confirmed, and ratified. When the motion was put to vote by the Mayor, it prevailed with seven affirmative votes; Council Member Murrin absent; and Council Member Zapata "Not Voting". Appt. Council Mem- Mayor Pro tempore Gilley nominated Council Member Virginia Nell Webber as the ber Virginia Nell Webber to the Crime City of Fort Worth representative on the Crime District Committee and made a motion, District Committee seconded by Council Member Chappell, that Council Member Webber be appointed to the Crime District Committee. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C OCS-65 re There was presented Mayor and Council Communication No. OCS-65 from the City Tally Addition Secretary stating that public hearings were held on December 5, 1989, and December 19, annexing 1989, in connection with the City Council consideration of the annexation of 1.055 acres of land in Tally Addition, and that the hearings were closed not more than 20 days nor less than 10 days prior to this date, Council Member Garrison introduced an ordinance and made a motion that it be adopted on first reading and that the ordinance be published in the official newspaper of the City of Fort Worth in accordance with Minutes of City Council N-3 Page 545 546 TUESDAY, JANUARY 9, 1990 M&C OCS-65 cont. provisions of State law. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: Council Member Murrin The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10488 10488 AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT WORTH; PROVIDING FOR THE ANNEXATION OF A CERTAIN 1.055 ACRES (0.0016 SQUARE MILES) OF LAND, MORE OR LESS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT CORPORATE BOUNDARY LIMITS OF FORT WORTH, TEXAS; PROVIDING THAT THE TERRITORY ANNEXED SHALL BEAR ITS PRO RATA PART OF TAXES; PROVIDING THAT THE INHABITANTS THEREOF SHALL HAVE ALL THE PRIVILEGES OF ALL THE CITIZENS 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. WHEREAS, a public hearing before the City Council of the City of Fort Worth, Texas, wherein all interested persons were provided an opportunity to be heard on the proposed annexation of the territory hereinafter described, was held in the City Council Chambers, on the 5th day of December, 1989, which date was not more than forty (40) days nor less than twenty (20) days prior to institution of annexation proceedings; and WHEREAS, a second public hearing before the City Council of the City of Fort Worth, Texas, wherein all interested persons were provided an opportunity to be heard on the proposed annexation of the territory hereinafter described, was held in the City Council Chambers in the Municipal Office Building of Fort Worth, Texas, on the 19th day of December, 1989, which date was not more than forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings; and WHEREAS, notice of the first such public hearing was published in a newspaper having general circulation in the City of Fort Worth, Texas, and in the hereinafter described territory on the 22nd day of November, 1989, which date was not more than twenty (20) days nor less than ten (10) days prior to the date of said such public hearing; and WHEREAS, notice of the second such public hearing was published in a newspaper having general circulation in the City of Fort Worth, Texas, and in the hereinafter described territory on the 6th day of December, 1989, which date was not more than twenty (20) days nor less than ten (10) days prior to the date of said public hearing; and WHEREAS, prior to the publication of the notices of public hearings, a Service Plan providing for the extension of municipal services into the hereinafter described territory was prepared for inspection by and explanation to the inhabitants of the area to be annexed; and WHEREAS, the population of the City of Fort Worth, Texas is in excess of 100,000 inhabitants; and WHEREAS, the hereinafter described territory lies within the exclusive extraterritorial jurisdiction of the City of Fort Worth, Texas; and WHEREAS, the hereinafter described territory lies adjacent to and adjoins the City of Fort Worth, Texas; and WHEREAS, the hereinafter described territory contains 1.055 acres (0.0016 square miles) of land, more or less; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Minutes of City Council N-3 Page 546 547 TUESDAY JANUARY 9 1990 Ordinance No. SECTION 1. 10488 cont. That the following described land and territory lying adjacent to and adjoining the City of Fort Worth, Texas is hereby added to and annexed to the City of Fort Worth, Texas, and said territory hereinafter described shall hereafter be included within the boundary limits of the City of Fort Worth, Texas, and the present corporate boundary limits of said City, at the various points contiguous to the area hereinafter described, are altered and amended so as to include said area within the corporate limits of the City of Fort Worth, Texas, to -wit: Being 1.055 acres of land located in the Thomas Walden Survey, Abstract No. 1921, Tarrant County, Texas, being a portion of the tract of land conveyed to Curtis Tally, Richard Tally and Nancy Reynolds by the deed recorded in Volume 3849, Page 322 of the Deed Records of Tarrant County, Texas. Said 1.055 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 " iron rod at the intersection of the South right-of-way line of Keller -Haslet Road (Farm -to -Market 4042) with the East right-of-way line of Interstate Highway No. 35-W; THENCE S 890 50' 23" E, 200.06 feet along the South right-of-way line of said Keller -Haslet Road to a 5/8" iron rod; THENCE S 000 03' 42" W, 180.94 feet departing said South right-of-way line to a 5/8" iron rod; THENCE N 840 50' 52" W, 305.04 feet generally following a fence to a 5/8" iron rod in the East right-of-way line of aforesaid Interstate Highway No. 35-W; THENCE along the East right-of-way line of said Interstate Highway No. 35-W as follows: 1. N 100 38' 07" E, 81.88 feet to a Texas Highway Department Monument; 2. N 500 20' 50" E, 115.38 feet to the PLACE OF BEGINNING containing 1.055 acres of land. SECTION 2. That the above described territory is shown on Map Exhibit "A" which is attached hereto and expressly incorporated herein by reference for the purpose of illustrating and depicting the location of the hereinabove described territory. SECTION 3. That the above described territory hereby annexed shall be part of the City of Fort Worth, Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by the City of Fort Worth, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens in accordance with the Service Plan and shall be bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth, Texas. SECTION 4. That attached hereto, marked Exhibit "X" and incorporated herein for all purposes incident hereto, is a Service Plan providing for the extension of municipal services into the area to be annexed, said Service Plan having been prepared prior to publication of the notices of hearings prescribed under Section 43.056 of the Texas Local Government Code, and having been made available at said hearings for inspection by and explanation to the inhabitants of the area to be annexed. SECTION 5. 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. SECTION 6. 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 Minutes of City Council N-3 Page 547 54R TUESDAY, JANUARY 9, 1990 unconstitutional by the valid judgment or decree of any court of Ordinance No. competent jurisdiction, such unconstitutionality shall not affect 10488 cont. 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 unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. That this ordinance shall be in full force and effect from and after the date of its passage on second reading as provided for in Section 35 of Chapter XXVII of the Charter of the City of Fort Worth, Texas, and it is so ordained. EXHIBIT X CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Name and Acreage Annexed: Tally Addition 1.055 Acres Location: Southeast corner of I -35W (North) & Keller -Haslet Road (Co.Rd. #4042) County: Tarrant Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Fort Worth, Texas, at the following levels and in accordance with the following schedule: A. Police Protection Service (1) Patrolling, responses to calls, and other routine police protection services, within the limits of existing personnel and equipment, will be provided on the effective date of annexation. (2) As development and construction commence within this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization, and population density within the area as determined by the City Council within two and one-half (2- 1/2) years from the date of adoption of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. (3) Upon ultimate development of the area, the same level of police protection services will be provided to this area as are furnished throughout the City. B. Fire and Emergency Protection Service (1) Fire protection services by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, will be provided to this area on the effective date of the annexation ordinances. (2) As development and construction of subdivisions commence within this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire and emergency ambulance services consistent with the characteristics of topography, land utilization, and population density of the area, as determined by the City Council, within two and one-half (2-1/2) years from the date of adoption of the annexation ordinance, or upon commencement of development within this area, whichever occurs later. (3) Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the city. C. Environmental Health and Code Enforcement Services (1) Enforcement of the City's environmental health ordinances and regulations, including but not limited to weed and brush ordinances, junked and abandoned vehicle ordinances, food handlers ordinances and animal control ordinances, shall be provided within this area on the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated by existing personnel beginning with the effective date of the annexation ordinance. (2) The City's building, plumbing, mechanical, electrical, and all other construction codes will be enforced within this area Minutes of City Council N-3 Page 548 549 TUESDAY, JANUARY 9, 1990 Ordinance No. beginning with the effective date of the annexation ordinance. 10 488 cont. Existing personnel will be used to provide these services. (3) The City's zoning, subdivision, sign, mobile home, junk yard and other ordinances shall be enforced in this area beginning on the effective date of the annexation ordinance. (4) All inspection services furnished by the City of Fort Worth, but not mentioned above, will be provided to this area beginning on the effective date of the annexation ordinance. (5) As development and construction commence within this area, sufficient personnel will be provided to furnish this area the same level of environmental health and code enforcement services as are furnished throughout the City. D. Planning and Zoning Services The planning and zoning jurisdiction of the City will extend to this area on the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and General Plan. E. Recreation and Leisure Services (1) Residents of this property may utilize all existing recreational and leisure service facilities and sites throughout the City, beginning with the effective date of this ordinance. (2) Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans, policies and programs and decisions of the City of Fort Worth. This property will be included in all plans for providing recreation and leisure services to the City. The same level of recreation and leisure services shall be furnished to this property as is furnished throughout the City. (3) Existing parks, playgrounds, swimming pools and other recreation and leisure facilities within this property shall, upon deeding to and acceptance by the City, be maintained and operated by the City of Fort Worth; but not otherwise. F. Solid Waste Collection (1) Solid waste collection shall be provided to the property in accordance with existing City policies, beginning with the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until notified by the Director of Transportation and Public Works. (2) As development and construction commence within this property, and population density increases to the proper level, solid waste collection shall be provided to this property in accordance with then current policies of the City as to frequency, charges and so forth. G. Street, Storm Drainage and Street Lights (1) The City of Fort Worth's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning with the effective date of the annexation ordinance. The City will maintain improved roadway sections dedicated to the public consistent with maintenance performed on other roadways of similar construction and classification within the City of Fort Worth. (2) As development, improvement or construction of streets to City standards commences within this property, the policies of the City of Fort Worth with regard to participation in the costs thereof, acceptance upon completion, and maintenance after completion, shall apply. (3) The same level of maintenance shall be provided to streets within this property which have been accepted by the City of Fort Worth as is provided to City streets throughout the City. (4) The City will maintain storm drainage facilities, within a drainage easement when constructed, to current City of Fort Worth standards applicable throughout the City. As development, improvement or construction of storm drainage facilities to City standards commences within this property, the policies of the City Minutes of City Council N-3 Page 549 550 TUESDAY, JANUARY 9, 1990 Ordinance No. of Fort Worth with regard to participation in the costs thereof, 10488 cont. acceptance upon completion, and maintenance after completion, shall apply. (5) Street lights installed on improved public streets shall be maintained by the City of Fort Worth in accordance with current City policies. Other street lighting shall not be maintained by the City of Fort Worth. H. Water Services (1) Connection to existing City water mains for domestic water service to serve residential, commercial, and industrial use within this property will be provided in accordance with existing City ordinances and policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service at the normal rates charged throughout the City. (2) As development and construction of subdivisions commence within this property, water mains of the City will be extended by the property owner in accordance with provisions of the Subdivision Ordinance and other applicable policies, ordinances, and regulations. City participation in the costs of these extensions shall be in accordance with applicable City policies, ordinances, and regulations. Such extensions will commence within two and one-half (2-1/2) years from the effective date of the annexation ordinance, and/or upon commencement of development of a subdivision within this property, whichever occurs later. I. Sanitary Sewer Services (1) Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City ordinances and policies. Upon connection, to existing sanitary sewer mains, sanitary sewage service will be provided at rates established by City ordinances for such service at the normal rates charged throughout the City. (2) As development and construction of subdivisions commence within this property, sanitary sewer mains of the City will be extended by the property owners in accordance with provisions of the Subdivision Ordinance and other applicable policies, ordinances, and regulations. City participation in the costs of these extensions shall be in accordance with applicable City policies, ordinances, and regulations. Such extensions will commence within two and one-half (2-1/2) years from the effective date of the annexation ordinance, and/or upon commencement of development of a subdivision within the property, whichever occurs later. J. Miscellaneous (1) Any facility or building located within the annexed area and acquired by the City of Fort Worth to provide service to the area will be maintained by the City commencing upon the date of use or the effective date of the annexation ordinance, whichever occurs later. (2) General municipal administration and administrative service of the City shall be available to the annexed area beginning with the effective date of the annexation ordinance. M&C OCS-66 re There was presented Mayor and Council Communication No. OCS-66 from the City Liability Bonds Secretary submitting a list of liability bonds and cancellations of liability bonds and recommending that the acceptance or cancellation of liability bonds be authorized, as follows: CEMENT BOND INSURANCE COMPANY Duffy and Duffy Builders American States Insurance Company CANCELLATIONS CEMENT BOND CANCELLATION DATE INSURANCE COMPANY W.C. Allen & Sons January 30, 1990 Western Surety Company #41324267 It was the consensus of the City Council that the recommendation be adopted but that the bond issued to W.C. Allen & Sons remain in full force and effect for all work preformed prior to date of cancellation. M&C OCS-67 Claims There was presented Mayor and Council Communication No. OCS-67 from the City Secretary transmitting to the City Council notices of claims for alleged damages and/or injuries, as follows: Minutes of City Council N-3 Page 550 551 Melvin King, Jr. 1. Claimant: Melvin King, Jr. Date Received: January 2, 1990 Date of Incident: October 20, 1989 Location of Incident: Capps and Hemphill St. Estimate of Damages/ Injuries: $464.32 - $707.74 Nature of Incident: Claimant alleges damages to his automobile as the result of an accident involving a City -owned vehicle (fire rescue truck). Donna Kay Brister 2. Claimant: Donna Kay Brister Date Received: January 2, 1990 Date of Incident: December 19, 1989 Location of Incident: Sycamore School Road Estimate of Damages/ Injuries: $100.00 Nature of Incident: Claimant alleges damages to her property as the result of striking rock dropped by tree removal equipment. Eastchase Terrace 3. Claimant: Eastchase Terrace Apartments (Kim Apartments (Kim Bennett)Date Received: January 2, 1990 Bennett) Date of Incident: September 18 & 19, 1989 Location of Incident: Eastchase Terrace Apartments Estimate of Damages/ Injuries: $1,896.06 Nature of Incident: Claimant alleges damages to its property as the result of sewage overflow. James N. Chilton, 4. Claimant: James N. Chilton, Jr., Choo Choo Jr. Choo Choo Customs, Inc. Customs, Inc. Date Received: January 2, 1990 Location of Incident: Undeclared Date of Incident: November 11, 1989 Location of Incident: Underground Garage Will Rogers Nature of Incident: Claimant alleges injuries as the Coliseum Estimate of Damages/ Valeria Fordjour 8. Claimant: Valeria Fordjour Injuries: $120.00 Nature of Incident: Claimant alleges damages to his Attorney: James Stanley (Angela Braymen) automobile caused by City -owned equipment. Sara Irazoqui Mal- 5. Claimant: Sara Irazoqui Maldonado donado Date Received: January 2, 1990 Date of Incident: November 21, 1989 Location of Incident: Martin Lydon between Lubbock and Merida Estimate of Damages/ Injuries: $1,242.80 - $1,256.52 Nature of Incident: Claimant alleges damages to her automobile as the result of an accident involving a City -owned vehicle (truck). Jerald H. Miller 6. Claimant: Jerald H. Miller Date Received: January 2, 1990 Date of Incident: October 31, 1989 Location of Incident: 3621 N. Littlejohn Estimate of Damages/ Injuries: $15,000.00 Nature of Incident: Claimant alleges damages and injuries as the result of actions taken by Fort Worth Police personnel. Elvia Pinto 7. Claimant: Elvia Pinto Date Received: January 2, 1990 Date of Incident: December 8, 1989 Attorney: James Stanley (Angela Braymen) Location of Incident: Undeclared Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges injuries as the result of an accident involving a City -owned vehicle (garbage truck). Valeria Fordjour 8. Claimant: Valeria Fordjour Date Received: January 2, 1990 Date of Incident: December 6, 1989 Attorney: James Stanley (Angela Braymen) Location of Incident: Undeclared Minutes of City Council N-3 Page 551 JJ2 Valeria Fordjour claim cont. Gary L. Kincaid, Sr. Robert L. Taylor M&C OCS-67 adopted Benefit Hearing M&C G-8406 re Washington Avenue from Jessamine Street to Rich- mond Street TUESDAY, JANUARY 9 1990 Estimate of Damages/ Injuries: Nature of Incident: 9. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 10. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Undeclared Claimant alleges injuries as the result of an accident involving a City -owned vehicle (police car). Gary L. Kincaid, Sr. December 28, 1989 Undeclared Corner of Whitman & Winifred St. Want book Value Claimant alleges damages to his automobile as the result of accident allegedly caused by absence of stop sign. Robert L. Taylor January 3, 1990 December 29, 1989 1605 Arizona Undeclared Claimant alleges damages to his automobile as the result of street conditions. It was the consensus of the City Council that the recommendation be adopted. It appearing to the City Council that Ordinance No. 10464 was adopted on December 12, 1989, setting today as the date for hearing in connection with the assessment paving of Washington Avenue from Jessamine Street to Richmond Street and that notice of the hearing was given by publication in the official newspaper of the City of Fort Worth, the Fort Worth Star -Telegram, on December 15, 18, and 19, 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-8406 Works, appeared before the City Council and called attention of the City Council to Mayor and Council Communication No. G-8406 from the City Manager regarding the assessment paving of Washington Avenue from Jessamine Street to Richmond Street, as f of l ows : SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF WASHINGTON AVENUE, JESSAMINE STREET TO RICHMOND AVENUE (PROJECT NO. 67-040147 RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, finding that in each case the abutting property is specially benefited in enhanced value in an amount equal to or greater than the amount assessed for the improvement of Washington Avenue, Jessamine Street to Richmond Avenue. DISCUSSION: The 1986-88 Capital Improvement Program approved in March, 1986, included funds for the improvement of Washington Avenue from Jessamine Street to Richmond Avenue. Washington Avenue is in the Midsouth Target Area, and CDBG funds will provide 15% of the construction cost. On November 7, 1989 (M&C C-11982), the City Council approved Ordinance No. 10435 and awarded the construction contract and established December 5, 1989, as the date of the benefit hearing. Notices were sent to the property owners in accord with Article 11O5b, V.A.C.S. However, the benefit hearing (M&C G-8345) was withdrawn from the December 5, 1989 agenda because the required notices of the hearing were not published according to law. Thereafter, on December 12, 1989 (M&C G-8356), the City Council approved an amendment to Ordinance No. 10435 changing the date of the benefit hearing from December 5, 1989, to January 9, 1990. The project is located in Council District No. 9. PROPOSED IMPROVEMENTS: Washington Avenue, from Jessamine Street to Richmond Avenue, is proposed to be improved by constructing six-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade, so that the finished roadway will be twenty-eight feet wide on a variable width Minutes of City Council N-3 Page 552 553 TUESDAY, JANUARY 9, 1990 M&C G-8406 cont. right-of-way. thick concrete on the plans. ASSESSMENTS: Four -inch thick concrete sidewalks and six-inch driveway approaches will be constructed where shown The street had previously been constructed to City Standards and CDBG funds will provide 15% of the construction cost. An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. Based on standard City policy, the low bid prices, and the advice of the independent appraiser, the cost of the construction has been computed at $2,316.15 (1%) for the property owners and $274,211.85 (99%) for the City of Fort Worth at large. The independent appraisal substantiates that as a result of the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment. Mr. Robert Martin Mr. Robert Martin, independent appraiser, appeared before the City Council re M&C G-8406 and distributed to the City Council his summary of enhancements to properties adjacent to Washington Avenue from Jessamine Street to Richmond Street insofar as the assessment paving is concerned. There being no one else present desiring to be heard in connection with the assessment paving of Washington Avenue from Jessamine Street to Richmond Street, Council Member Chappell made a motion, seconded by Council Member McCray, that the hearing be closed and that the assessment be levied as recommended with the exception that the vacant lot with residential zoning be assessed at the residential rate. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member Chappell introduced an ordinance and made a motion that it be ordinance adopted. The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell Ordinance No. 10489 NOES: None ABSENT: Council Member Murrin The ordinance, as adopted, is as follows: ORDINANCE NO. 10489 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF WASHINGTON AVENUE, UNIT II, FROM JESSAMINE STREET TO RICHMOND AVENUE, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF; RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. M&C G-8354 re There was presented Mayor and Council Communication No. G-8354 from the City North/Northwest Manager, dated December 12, 1989, submitting for City Council approval the proposed Fort Worth District North/Northwest Fort Worth District Plan, which area is bordered on the east by plan U.S. 377, and the North and West by the outerlimits of Fort Worth ETJ, and on the south by Confederate Parkway and Jim Wright Freeway; and recommending that the North/Northwest District Plan be adopted and that it be incorporated into the City's comprehensive plan. On motion of Council Member Zapata, and seconded by Mayor Pro tempore Gilley, the recommendation was adopted. M&C G-8396 re There was presented Mayor and Council Communication No. G-8396 from the City Replacement of Manager recommending that the City Manager be authorized to execute a work Sanitary sewer authorization in accordance with AR3-3 for the replacement of Sanitary Sewer L-2179 in L-2179 Lawnwood Avenue and Brandy Street, with Funds available in Fund 45, Account No. 70-70-04, Index Code 387886. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council N-3 Page 553 554 TUESDAY, JANUARY 9, 1990 M&C G-8397 re There was presented Mayor and Council Communication No. G-8397 from the City cont. for one week Manager stating that Mitchell Brown filed a claim for personal injuries allegedly sustained on December 21, 1988, at 5800 East Lancaster, as a result of being struck by a City -owned vehicle; that, while admitting no liability, the Risk Management Department has agreed to a negotiated settlement with Mr. Brown of $6,634.00 in order to avoid litigation; that funds are available in Fund 71, Account No. 15-71-10, Index Code 399154; and recommending that the settlement of the claim filed by Mitchell S. Brown be authorized and that the City Manager be authorized to expend the sum of $6,634.00 for the settlement. Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that consideration of Mayor and Council Communication No. G-8397 be continued for one week for consideration following an executive session to discuss Mayor and Council Communication No. G-8397. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-8398 re There was presented Mayor and Council Communication No. G-8398 from the City collateral Manager, as follows: pledged by Bank SUBJECT: RELEASE/SUBSTITUTION OF BANK HELD COLLATERAL One Fort Worth RECOMMENDATION: It is recommended that the City Council authorize release of the following collateral pledged by Bank One Fort Worth and held in safekeeping by the Federal Reserve Bank Dallas: PAR SECURITY RATE MATURITY $1,000,000 US Treasury Note 9.125 2/15/91 and authorize substitution of the following collateral: PAR SECURITY RATE MATURITY $1,000,000 US Treasury Note 8.625 8/31/90 nTUIICCTnN- The City of Fort Worth has a certificate of deposit from Bank One Fort Worth which is fully collateralized. The collateral is held at the Federal Reserve Bank Dallas. The bank is requesting that the following collateral be released: PAR SECURITY RATE MATURITY $1,000,000 US Treasury Note 9.125 2/15/91 and the following collateral be substituted for it: PAR SECURITY RATE MATURITY $1,000,000 US Treasury Note 8.625 8/31/90 The Treasurer has verified these securities and their market value and approves the transfer. Council Members Garrison and Chappell advised the City Council they are disqualified from voting on Mayor and Council Communication No. G-8398 involving collateral pledged by Bank One Fort Worth. Mayor Pro tempore Gilley made a motion, seconded by Council Member Zapata, that the recommendation, as contained in Mayor and Council Communication No. G-8398, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Granger, McCray, and Webber NOES: None ABSENT: Council Member Murrin NOT VOTING: Council Members Garrison and Chappell M&C G-8399 re There was presented Mayor and Council Communication No. G-8399 from the City cont. for one week Manager stating that Sarah TenBrink filed a claim for injuries allegedly sustained on February 25, 1989, at Rockwood Golf Course; that Ms. TenBrink has agreed to a settlement of $14,287.78, of which $7,500.00 will be paid to Ms. TenBrink, individually, and $6,787.78 will be paid to Sarah TenBrink and Great West Life jointly, in addition to $2,755.27 paid in advance of settlement to Ms. TenBrink, with funds available in Fund 71, Account No. 15-71-10, Index Code 399154. Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that consideration of Mayor and Council Communication No. G-8399 be continued for one week until conclusion of the Minutes of City Council N-3 Page 554 555 TUESDAY, JANUARY 9, 1990 &C G-8399 cont. executive session to discuss Mayor and Council Communication No. G-8399. When the motion was put to a vote by the Mayor, it prevailed unanimously. &C G-8400 re There was presented Mayor and Council Communication No. G-8400 from the City ont. for one week Manager saying that Angelica Rodriguez filed a claim for personal injuries allegedly sustained on December 29, 1987, in the 2700 block of Eighth Avenue due to street conditions; that the Risk Management Department has negotiated a settlement of $9,200.00 while admitting no liability and in order to avoid litigation; that funds are available in Fund 71, Account No. 15-71-10, Index Code 399154; and recommending that the settlement of the claim filed by Angelica Rodriguez be approved and that the City Manager be authorized to expend the sum of of $9,200.00 for the settlement. Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that consideration of Mayor and Council Communication No. G-8400 be continued for one week until conclusion of the executive session. When the motion was put to a vote by the Mayor, it prevailed unanimously. &C G-8401 re There was presented Mayor and Council Communication No. G-8401 from the City esi gnated ex- Manager as follows: enditures SUBJECT: SUPPLEMENTAL APPROPRIATION ORDINANCE FOR DESIGNATED EXPENDITURES RECOMMENDATION: It is recommended that the City Council adopt the attached supplemental appropriations ordinance increasing appropriations by the indicated amounts in the funds, departments and account numbers listed below for the 1989-90 annual budget and decreasing the unreserved, undesignated fund balance of the General Fund 01 and the unreserved, undesignated retained earnings of the listed funds by the same amount. DTSf'IISSTnN! At the end of the 1988-89 fiscal year, various department heads requested that unexpended appropriations in 1988-89 be approved for appropriation in the 1989-90 fiscal year. Each of these items was reviewed individually by the Office of Management Services and the City Manager's Office. The amounts below represent the staff's recommended action to accomplish priority objectives for which funds were budgeted, but unexpended or unencumbered, in 1988-89. Many are for items previously approved for expenditure but not yet formally encumbered by purchase order or approved contract. These requests are primarily for proprietary funds. Two designations are being recommended for General Fund departments. Department heads were allowed to present their most urgent needs to management for consideration for funding within the savings (appropriations less expenditures plus encumbrances) generated by the department. After careful review, the following are recommended for action. FINANCING: An itemized list of the dollar value of the designated expenditures by fund and department is listed below: FUND/DEPARTMENT General Fund 01 City Manager's Office DESIGNATED EXPENDITURES Payment of terminal leave accrued by former City Manager City Secretary's 2 -Universal PC Office workstations Golf Fund 39 Total General Fund Balance of unencum- bered supplemental appropriation made in FY 1988-89 Unencumbered funds for Meadowbrook irrigation and Pro Shop construction Unencumbered Pecan Valley Water and Sewer improvements Total Golf Fund INDEX ACCOUNT AMOUNT CODE NUMBERS $ 31,262 200568 02-10-00 8,000 207126 11-10-00 $ 39,262 $ 273,000 80-40-05 575,000 80-43-10 160,000 80-41-10 $1,008,000 317366 Minutes of City Council N-3 Page 555 556 &C G-8401 cont. &C G-8401 adopted Introduced an ordinance Ordinance No. 10490 &C G-8402 re utstanding en- umbrances TUESDAY, JANUARY 9, 1990 Water & Sewer Repairs to engine Fund 45 no. 7 at Village Creek WWTP Reprographics Desktop publishing Fund 63 hardware/software Communications Consultant for Fund 68 public safety radio system approved in FY 1988-89, but not encumbered $ 324,984 384487 20-50-02 $ 3,000 211821 90-13-20 $ 60,000 223958 04-60-02 Sufficient funds are available in the General Fund 01 Unreserved, Undesignated Fund Balance and the various unreserved, undesignated retained earnings of the funds listed above to provide a source for the supplemental appropriations. Upon adoption of the attached supplemental appropriation ordinance, sufficient funds will be available in the listed departments and funds above to accomplish priority objectives for which funds were budgeted, but unexpended or unencumbered in the FY 1988-89. The General Fund 01 unreserved, undesignated fund balance is estimated to be $24,014,004 after these appropriations. It was consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. G-8401, be adopted. Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: Council Member Murrin The ordinance, as adopted, is as follows: ORDINANCE NO. 10490 AN ORDINANCE INCREASING APPROPRIATIONS IN THE GENERAL FUND 01, VARIOUS ACCOUNTS, AND INCREASING THE APPROPRIATIONS IN VARIOUS ENTERPRISE AND INTERNAL SERVICE FUNDS OF THE CITY OF FORT WORTH THEREBY DECREASING THE UNRESERVED, UNDESIGNATED FUND BALANCE OF THE GENERAL FUND, AND THE UNRESERVED, UNDESIGANTED RETAINED EARNINGS OF THE VARIOUS ENTERPRISE AND INTERNAL SERVICE FUNDS, IN THE AMOUNTS AND FOR THE PURPOSES SET FORTH BELOW; 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. SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and is so ordained. There was presented Mayor and Council Communication No. G-8402 from the City Manager, as follows: SUBJECT: SUPPLEMENTAL APPROPRIATION ORDINANCE FOR 1988-1989 OUTSTANDING ENCUMBRANCES RECOMMENDATION: It is recommended that the City Council adopt the attached supplemental appropriations ordinance increasing appropriations by the indicated amounts in the departments and funds listed below for the 1989-90 annual budget and decreasing the unreserved, undesignated retained earnings of the funds by the same amount. Minutes of City Council N-3 Page 556 557 TUESDAY, JANUARY 9, 1990 &C G-8402 cont. 11 DISCUSSION: The City's annual operating budget is formally enacted into law by passage of an appropriations ordinance which establishes spending limits for each departmental operation of the City. The City uses encumbrance accounting to ensure that the appropriations are not exceeded. Funds are encumbered (charged against the budget) whenever the City enters into a purchase order or service contract. As goods are actually received or service rendered, the estimated encumbered amount is changed to the amount actually expended. This method assures that encumbrances plus expenditures do not exceed appropriations. As annual appropriations expire on September 30, the amounts encumbered on that date must be re -appropriated in the new fiscal year so that the City may honor outstanding purchase orders and contracts without affecting the current year operating budget programs. These supplemental appropriations are for proprietary funds only. No general "rollovers" of previous year funds are being recommended for General Fund departments. The legal commitment to pay these obligations remains in effect, but General Fund department heads are being requested to accommodate these costs with their 1989-90 original adopted appropriation to the extent possible. If it becomes necessary to provide additional funds to accomplish the 1989-90 program and prior year commitments, each occurrence will be brought before the Council for action. FINANCING: An itemized list of the dollar value of these encumbrances by fund and department is listed below: FUND AMOUNT PREVIOUSLY ENCUMBRANCED Golf Fund 39 $ 127,416.53 Aviation Fund 40 $ 87,549.74 Water and Sewer Fund 45 $1,586,506.62 Parking Facilities Fund 59 $ 9,853.44 Office Services Fund 60 $ 15,867.96 Reprographics Fund 63 $ 73,015.84 Solid Waste Fund 64 $ 923,363.29 Sufficient funds are available in the various unreserved, undesignated retained earnings of the funds listed above to provide a source for the supplemental appropriations. Upon adoption of the attached supplemental appropriations ordinance, sufficient funds will be available in the various departments and funds above to encumber in FY 1989-90 the outstanding purchase orders and purchase contracts that were carried over from the prior year. M&C G-8402 adopted It was consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. G-8402, be 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 Chappell. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: Council Member Murrin The ordinance, as adopted, is as follows: rdi nance no. ORDINANCE NO. 10491 0491 AN ORDINANCE INCREASING THE APPROPRIATIONS IN VARIOUS ENTERPRISE AND INTERNAL SERVICE FUNDS OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1989-90 BY THE AMOUNTS INDICATED BELOW, THEREBY DECREASING THE UNRESERVED, UNDESIGNATED RETAINED EARNINGS OF THE RESPECTIVE FUNDS BY THE AMOUNTS INDICATED, FOR THE PURPOSE OF FUNDING DEPARTMENTAL PROJECTS AND ACTIVITIES ENCUMBERED DURING FISCAL YEAR 1988-89; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Minutes of City Council N-3 Page 557 558 TUESDAY, JANUARY 9, 1990 There was presented Mayor and Council Communication No. G-8404 from the City M&C G-8404 re Manager, as follows: Benefit Hearing seven parcels of SUBJECT: SECOND BENEFIT HEARING AND LEVYING OF ASSESSMENTS FOR land in Fort Worth FORT WORTH IMPROVEMENT DISTRICT NO. 1 FY 1989-90 Improvement Distrit No. 1 1 RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying the proposed assessments on seven parcels of land in Fort Worth Improvement District No. 1 for FY 1989-90. DISCUSSION: The total amount proposed to be assessed at the January 9, 1990 hearing is $2,384.34, which represents assessments on seven parcels not included in the first benefit hearing held on October 3 and 24, 1989. These seven parcels were not on the tax rolls as of September 11, 1989 when the first benefit hearing was set. IMPROVEMENTS: The improvements to be provided by the District and the costs thereof are as follows: SECTION 5. Ordinance No. PROPOSED 10491 cont. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and is so ordained. M&C G-8403 re There was presented Mayor and Council Communication No. G-8403 from the City cont. for one week Manager stating that the City Attorney was directed by the City Council on December 19, 1989 to draft an ordinance requiring that swimming pools in the City of Fort Worth be TOTAL surrounded by fences; submitting the proposed ordinance to the City Council; and 10/24/89 recommending that the City Council adopt the ordinance requiring fences around swimming pools. Council Member Chappell made a motion, seconded by Mayor Pro tempore Gilley, COST that consideration of Mayor and Council Communication No. G-8403 be continued for one HEARING week. When the motion was put to a vote by the Mayor, it prevailed unanimously. (a) City Attorney Atkins advised the City Council that there are seven parcels of $445,000 land instead of eight parcels of land being considered for assessments in the Fort $325,766.00 Worth Improvement District No. 1 under Mayor and Council Communication No. G-8404 and that the costs are being revised to reflect the same figures as those contained in the proposed ordinance. There was presented Mayor and Council Communication No. G-8404 from the City M&C G-8404 re Manager, as follows: Benefit Hearing seven parcels of SUBJECT: SECOND BENEFIT HEARING AND LEVYING OF ASSESSMENTS FOR land in Fort Worth FORT WORTH IMPROVEMENT DISTRICT NO. 1 FY 1989-90 Improvement Distrit No. 1 1 RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying the proposed assessments on seven parcels of land in Fort Worth Improvement District No. 1 for FY 1989-90. DISCUSSION: The total amount proposed to be assessed at the January 9, 1990 hearing is $2,384.34, which represents assessments on seven parcels not included in the first benefit hearing held on October 3 and 24, 1989. These seven parcels were not on the tax rolls as of September 11, 1989 when the first benefit hearing was set. IMPROVEMENTS: The improvements to be provided by the District and the costs thereof are as follows: The improvements are fully described in a service, improvement and assessment plan which was adopted by the City Council on September 5, 1989, and is on file in the office of the City Secretary. The improvements will be provided by Downtown Fort Worth, Inc., under a contract dated October 1, 1989. PROJECT COST AND FINANCING: $657,635.34 of the cost of improvements shall be assessed against property located in the district and the owners of the property. The assessments shall be based on the value of each parcel on Minutes of City Council N-3 Page 558 PROPOSED ASSESSMENTS PROPOSED TOTAL APPROVED ASSESSMENTS TOTAL ASSESSMENTS 10/24/89 1/9/90 COST 1989-90 FY HEARING HEARING (a) A maintenance $445,000 $326,580.00 $325,766.00 $ 814.00 and landscaping program (b) A promotions 113,257 108,257.00 107,994.00 263.00 program (c) A marketing 56,743 56,743.00 56,612.00 131.00 program (d) A security 23,818 23,818.00 23,768.00 50.00 program (e) A transportation 4,550 4,550.00 4,539.00 11.00 & parking program (f) A management 150,073 137,687.34 136,572.00 1,115.34 program TOTALS $793,441 $657,635.34 $655,251.00 $ 2,384.34 (100%) (99.6%) (0.4%) The improvements are fully described in a service, improvement and assessment plan which was adopted by the City Council on September 5, 1989, and is on file in the office of the City Secretary. The improvements will be provided by Downtown Fort Worth, Inc., under a contract dated October 1, 1989. PROJECT COST AND FINANCING: $657,635.34 of the cost of improvements shall be assessed against property located in the district and the owners of the property. The assessments shall be based on the value of each parcel on Minutes of City Council N-3 Page 558 559 TUESDAY JANUARY 9 1990 M&C G-8404 cont. January 1, 1989, as determined by the City Council, including the value of structures or other improvements, with the assessments on each parcel to be determined by applying a rate of 8.0 cents for each $100 of property value. The City Manager has filed with the City Secretary a proposed assessment roll and an estimate of the assessments against each parcel. On October 3 and 24, 1989 (M&C G-8255), the City Council held a special benefit hearing and adopted Ordinance No. 10420. This ordinance levied assessments in the total amount of $655,251.00 against various parcels of property in the district. The values of the remaining seven parcels have been appraised and certified by TAD. On December 19, 1989 (M&C G-8369), the City Council approved the final supplemental assessment roll and estimated amounts to be assessed against the remaining parcels, setting January 9, 1990 as the date for a special benefit hearing. It is proposed that a total of $2,384.34 be assessed against these seven parcels. Based on the appraised value of the property, considering the benefits to be received from the proposed improvements, it is the opinion of the City staff that each parcel of property will be enhanced in value by an amount equal to or more than the proposed assessments upon completion of the improvements in accordance with the contract. Property owners were advised by mail and by publication of a legal notice on December 22, 1989, that a public hearing to consider the proposed assessments will be held by the City Council on January 9, 1990, at 10:00 a.m. The purpose of the hearing is to permit all persons owning property in the district to be fully heard concerning the proposed improvements, the costs thereof, the amounts to be assessed, the values of the respective parcels of property, the benefits to the property because of the improvements, the validity and adequacy of the contract, and any matter to which they are entitled to hearing under law. Following the hearing, the assessments shown on the proposed assessment roll, if approved and accepted by the City Council, will be levied against the properties shown thereon and the owners thereof. Such assessments shall constitute a first and prior lien upon such properties and a personal liability of the real and true owners thereof and shall be payable upon receipt of billing. Accounts will become delinquent if not received by February 28, 1990. The entire amount assessed against a parcel of property shall bear interest from and after the first day of March, 1990, at the rate of 10 percent per annum until paid. M&C G-8404 adopted On motion of Mayor Pro tempore Gilley, seconded by Council Member Garrison, the recommendation, as contained in Mayor and Council Communication No. G-8404, as amended, was adopted. Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Garrison. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: Council Member Murrin Fort Worth Improved, Manager, as follows: ment District No. Minutes of City Council N-3 Page 559 The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10492 10492 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PORTION OF THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES TO BE PROVIDED IN FORT WORTH IMPROVEMENT DISTRICT NO. 1 DURING FISCAL YEAR 1989-1990; FIXING CHARGES AND LIENS AGAINST 7 PARCELS OF PROPERTY IN THE DISTRICT AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS; 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; AND PROVIDING AND EFFECTIVE DATE. M&C G-8405 re petition for There was presented Mayor and Council Communication No. G-8405 from the City Fort Worth Improved, Manager, as follows: ment District No. Minutes of City Council N-3 Page 559 560 TUESDAY, JANUARY 9, 1990 M&C G-8405 cont. SUBJECT: DECLARING SUFFICIENCY OF PETITION FOR ESTABLISHMENT OF FORT WORTH IMPROVEMENT DISTRICT NO. 3 AND DIRECTING PREPARATION OF VARIOUS ITEMS RECOMMENDATION: It is recommended that the City Council adopt the attached resolution. The resolution takes the following actions regarding the proposed Fort Worth Improvement District No. 3: 1. finds that the petition for establishment of the district contains sufficient signatures and meets other requirements of Chapter 372, Subchapter A, Section 372.005 of the Local Government Code (the Public Improvement District Assessment Act); 2. directs the City Manager to prepare the following documents and information and to file the same with the City Secretary as required by Chapter 372, Subchapter A: (a) a statement of the general nature of the proposed improvements; (b) preliminary estimates of the costs of the improvements; (c) a map showing the boundaries of the proposed assessment district, property to be assessed and ownership of property; (d) the proposed method of assessment; (e) the proposed apportionment of costs between the public improvement district and the municipality as a whole; and, (f) a statement of the probable maximum benefits to be conferred on each tract. RACKGRnIIND On January 2, 1990, the City Council received a petition requesting establishment of the Fort Worth Improvement District No. 3. The City Manager and City Attorney have reviewed the petition and find that it contains sufficient signatures and meets other requirements of Chapter 372, Subchapter A, Section 372.005 of the Local Government Code. If the Council desires to institute proceedings to create the proposed district, it should take the action recommended above. Under Chapter 372, Subchapter A, creation of the district would not actually be considered by the Council until after fifteen days notice is given to property owners and a public hearing is held. This hearing would be scheduled by the Council at a future date. Mrs. Ann Diveley Mrs. Ann Diveley appeared before the City Council and advised the City re M&C G-8504 Council that some of the parcels of property in the proposed Fort Worth Improvement District No. 3 are rights-of-way and the City of Fort Worth will be required to pay its portion of the assessments. On motion of Mayor Pro tempore Gilley, seconded by Council Member Zapata, the recommendations, as contained in Mayor and Council Communication No. G-8405, were adopted. Introduced a May Pro tempore Gilley introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member Zapata. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1496 1496 WHEREAS, on January 2, 1990, the City Council of the City of Fort Worth received a Petition for Establishment of the Fort Worth Improvement District No. 3; and WHEREAS, the City Council directed the City Manager and City Attorney to determine whether the Petition includes the necessary signatures and meets other requirements of Chapter 372, Subchapter A, Section 372.005 of the Local Government Code (the "Public Improvement District Assessment Act"); and WHEREAS, the City Manager and City Attorney reported that the Petition includes the signatures of the owners of 50.11 percent Minutes of City Council N-3 Page 560 5G1 TUESDAY, JANUARY 9, 1990 Resolution No. of the area of all taxable real property that is liable for 1496 cont. assessment under the proposal and the signatures of the owners of taxable real property representing 55.58 percent of the appraised value of the taxable real property liable for assessment under the proposal within the area of the proposed public improvement district, as determined by the current roll of the Tarrant Appraisal District; and WHEREAS, the City Manager and City Attorney reported that the Petition contains sufficient signatures and meets other applicable requirements of Chapter 372, Subchapter A of the Local Government Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 1. The City Council hereby finds and determines that the aforesaid Petition for Establishment of the Fort Worth Improvement District No. 3 includes sufficient signatures and meets other requirements of Section 372.005 of the Local Government Code. 2. The City Manager is hereby directed to prepare the following documents and information concerning the proposed district and to file the same with the City Secretary: (a) A statement of the general nature of the proposed improvements; (b) Preliminary estimates of costs of the improvements; (c) A map showing boundaries of the proposed district, property to be assessed and ownership of property; (d) The proposed method of assessments; (e) The proposed apportionment of costs between the improvement district and the city as a whole; and (f) A statement of the probable maximum benefits to be conferred on each tract. M&C P-3884 re There was presented Mayor and Council Communication No. P-3884 from the City withdrawn Manager, dated December 19, 1989, submitting a tabulation of bids received for the purchase of book binding equipment for the Non -Department 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 Bourg Collators of Texas 44,999.00 Total amount not to exceed $48,780.50 net F.O.B. Fort Worth, Texas. Council Member Chappell made a motion, seconded by Council Member Garrison, that Mayor and Council Communication No. P-3884 be withdrawn from the agenda. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C P-3938 re There was presented Mayor and Council Communication No. P-3938 from the City agreement for copy Manager stating that a one-year Lease/Maintenance Agreement with four options to renew annually was approved on January 14, 1986, by Mayor and Council Communication No. P-1855; that funds are available in Fund 60, Account No. 13-91-01, Index Code 216465; and recommending that the fourth option to renew this Lease/Maintenance Agreement be authorized to provide copy machines with Copy & Litho, Inc., for an amount not to exceed $202,000.00 net f.o.b. Fort Worth, Texas, for the period from January 12, 1990, to January 12, 1991. It was the consensus of the City Council that the recommendation be adopted. M&C P-3939 re There was presented Mayor and Council Communication No. P-3939 from the City purchase of various Manager submitting a tabulation of bids received for the purchase of Trident meter Trident meter parts! parts for the Water Department; stating that funds are available in Fund 45, Account Nos. 60-70-02 and 60-70-08, Index Codes 376228 and 379222, respectively; and recommending that the purchase be made from S.L.C. Meter Parts on its low bid of unit prices for an amount not to exceed $6,787.50 net f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-3940 re purchase agreement with Conoco, Inc. There was presented Mayor and Council Communication No. P-3940 from the City Manager stating that a one-year purchase agreement with options to renew for two additional one-year periods was authorized with Conoco, Inc., for engine oil for the Village Creek Wastewater Treatment Plant on February 23, 1988; that staff recommends the second annual option to renew the agreement be exercised; that budgeted funds are sufficient to cover the anticipated expenditure; and recommending that the second option to renew the purchase agreement with Conoco, Inc., for engine oil for the Water Department on its low bid of $1.51 per gallon be exercised for the period from Minutes of City Council N-3 Page 561 562 TUESDAY, JANUARY 9, 1990 M&C P-3940 cont. February 24, 1990, through February 23, 1991. It was the consensus of the City Council and adopted that the recommendation be adopted. M&C P-3941 re There was presented Mayor and Council Communication No. P-3941 from the City agreement with Manager submitting a tabulation of bids received for the purchase of various sizes of meg-A-Lugs Meg -A -Lugs for the Water Department; stating that budgeted funds are sufficient to cover the anticipated expenditures by each department; and recommending that the City Council authorize: 1. A one-year purchase agreement to provide Meg A Lugs from Atlas Utility Supply Company on the low unit price bids less 1% 30 days, f.o.b. Fort Worth, as follows: Item 1 Meg A Lug 4" $12.15/each Item 2 Meg A Lug 6" $13.71/each Item 3 Meg A Lug 8" $21.24/each Item 4 Meg A Lug 10" $31.70/each Item 5 Meg A Lug 12" $46.36/each 2. The effective date to be date of authorization and end one year later. M&C P-3941 adopted It was the consensus of the City Council that the recommendations be adopted. M&C P-3942 re There was presented Mayor and Council Communication No. P-3942 from the City purchase of barri Manager submitting a tabulation of bids received for the purchase of barricade lights cade lights and and boards for the Street Division; stating that funds are available in Fund 01, boards Account No. 20-80-01, Index Code 238352; and recommending that the purchase be made from Lectric Lites on its low overall bid of $9,990.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-3943 re purchase of fire There was presented Mayor and Council Communication No. P-3948 from the City There was presented Mayor and Council Communication No. P-3943 from the City nozzles and re- Manager submitting a tabulation of bids received for the purchase of fire nozzles and lated supplies related supplies for the Fire Department; stating that funds are available in Fund 01, Account No. 36-30-00, Index Code 276279; and recommending that the purchase be made from Casco Industries on its low overall bid of $13,197.50 net, f.o.b. Fort Worth. It purchase for binding of was the consensus of the City Council that the recommendation be adopted. with Motter Book Binding Company with two one-year options to renew; that funds are M&C P-3944 re There was presented Mayor and Council Communication No. P-3944 from the City repairs to floor Manager submitting a quotation received for the repair to the floor at the Sycamore at Sycamore Re- Recreation Center; stating that funds are available in Fund 01, Account No. 80-60-30, creation Center Index Code 317818; and recommending that the purchase be made from Superior Floor Covering Company on its quotation of $7,282.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-3945 re�I There was presented Mayor and Council Communication No. P-3945 from the City purchase of vario sManager submitting a quotation received for the purchase of parts for Cyclone 2000CA parts for a 11 for the Water Department; stating that purchases will be charged to Fund 45, Inventory cyclone 2000CA Subsidiary Account No. 141-000280; and recommending that the purchase be made from Wemco on its quotation for an amount not to exceed $8,046.00 net, f.o.b. Sacramento, California. It was the consensus of the City Council that the recommendation be adopted. M&C P-3946 re There was presented Mayor and Council Communication No. P-3946 from the City purchase of de- Manager submitting a tabulation of bids received for the demolition of an old Water de- molition services Department warehouse for the Real Property Management Division; stating that funds are available in Fund 45, Account No. 60-50-05, Index Code 365712; and recommending that the purchase be made from Burly Corporation on its low bid not to exceed $11,120.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-3947 re There was presented Mayor and Council Communication No. P-3947 from the City purchase of wooder Manager submitting a tabulation of bids received for the purchase of traffic poles for traffic poles the Transportation and Public Works Department; stating that purchases will be charged to Fund 01, Light and Signal Inventory Subsidiary Account No. 141-000273; and recommending that the purchase be made from Conroe Creosoting Company on its low bid of $12,780.00 net, f.o.b. Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. M&C P-3948 re agreemeni, There was presented Mayor and Council Communication No. P-3948 from the City purchase with Captain's Manager stating that a purchase agreement with a one-year option to renew was approved Security Service, on January 31, 1989, with Captain's Security Service, Inc., for security service for Inc. City departments; that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in the agreement; and recommending that the option to renew the purchase agreement with Captain's Security Service, Inc., for security guard service on low bid of $6.09 per hour be exercised for the period from January 31, 1990, and end one year later. It was the consensus of the City Council .that the recommendation be adopted. M&C P-3949 re agreemen I There was presented Mayor and Council Communication No. P-3949 from the City purchase for binding of Manager stating that a one-year purchase agreement was authorized on December 13, 1988, library material with Motter Book Binding Company with two one-year options to renew; that funds are available in Fund 01, Account No. 84-20-01, Index Code 321190; and recommending that the first option to renew the purchase agreement for binding of library material for Minutes of City Council N-3 Page 562 563 TUESDAY, JANUARY 9, 1990 M&C P-3949 cont. the Fort Worth Public Library with Motter Book Binding Company on its low bid of $20,000.00 net, f.o.b. Fort Worth, be exercised for the period from November 29, 1989, to November 28, 1990. It was the consensus of the City Council that the recommendation be adopted. M&C P-3950 re There was presented Mayor and Council Communication No. P-3950 from the City purchase agreement Manager submitting a tabulation of bids received for the purchase of heating and air with K&M Service conditioning service for all City departments; stating that budgeted funds are Company sufficient to cover the anticipated expenditure by each department participating in the agreement; and recommending that a one-year purchase agreement with a one-year option to renew be authorized with K&M Service Company on its low bid of $32.00 per hour and cost plus 15 percent for parts for the period from the date of authorization through one year later or date renewal option is authorized. It was the consensus of the City Council that the recommendation be adopted. M&C P-3951 re There was presented Mayor and Council Communication No. P-3951 from the City purchase of de- Manager submitting a tabulation of bids received for the demolition of properties at molition services 1501, 1504, and 1508 South Henderson and 1501, 1503, and 1509 5th Avenue; stating that cavation funds are available in Fund 05, Project No. 041002-00, Index Code 625509; and recommending that the purchase be made from C.A. McClumey Company on its low bid of $7,890.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-3952 re purchase of 20 self There was presented Mayor and Council Communication No. P-3952 from the City contained breathing Manager submitting a tabulation of bids received for the purchase of 20 self-contained apparatus breathing apparatus for the Fire Department; stating that funds are available in Fund 01, Account No. 36-50-30, Index Code 338491; and recommending that the purchase be made from Vallen Supply Company on its low bid, meeting City specifications, of M&C L-9997 re acquisition of $1,254.80 each for a total amount not to exceed $25,096.00 net, f.o.b. Fort Worth. It permanent easement was the consensus of the City Council that the recommendation be adopted. M&C P-3953 re There was presented Mayor and Council Communication No. P-3953 from the City purchase of floor Manager stating that the purchase of janitorial supplies were awarded by categories pads and containers based on unit prices to four vendors on September 12, 1989, by Mayor and Council Communication No. P-3694; that the order subsequently was amended on November 7, 1989, by Mayor and Council Communication No. P-3819 to include floor pads; that it was overlooked that Pollock Paper Company had included a foot note on a separate page that the minimum order would be $200.00; that very seldom does a City department need to order $200.00 worth of floor stripper pads, mop buckets, or garbage cans at one time; that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in the agreement; and recommending that the award of lines 28 through 45, BQN 89-0508V (floor pads and containers) to Pollock Paper Company be rescinded; that all items be awarded to L & D Supply; and that the awarding is to run concurrently with all other items on Mayor and Council Communication No. P-3694 from September 12, 1989, through September 11, 1990, with option to renew for one year. On motion of Mayor Pro tempore Gilley, seconded by Council Member Webber, the recommendation was adopted. M&C P-3954 re There was presented Mayor and Council Communication No. P-3954 from the City purchase agreement Manager stating that a purchase agreement was authorized to D.F.W. Excavation on with D.F.W. Ex- August 22, 1989, by Mayor and Council Communication No. P-3664 for crushed limestone cavation for the Water Department; that the vendor has defaulted and has ceased to deliver to the City; that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in the agreement; and recommending that the purchase agreement with D.F.W. Excavation for crushed limestone for the Water Department be cancelled; that D.F.W. Excavation be removed from the vendor list; and that a purchase agreement be authorized with Beall Transportation on its low bid of $7.45 per ton with the agreement to begin with the date of authorization and end one year later. On motion of Mayor Pro tempore Gilley, seconded by Council Member Zapata, the recommendation was adopted. M&C L-9997 re acquisition of There was presented Mayor and Council Communication No. L-9997 from the City permanent easement Manager, as follows: SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS (3 TRANSACTIONS) RECOMMENDATION: It is recommended that approval be given for the acquisition of the land and/or easements described below: 1. Project Name: Sanitary Sewer Rehabilitation Project XVI/ Masonic Home Addition Type of Acquisition: Permanent Sanitary Sewer Easement Description of Land: A rectangularly shaped strip of land 5 feet in width and 50 feet in length from the rear of the west 50 feet of Lot 9, Block 4, Masonic Home Addition, as recorded in Volume 7569, Page 1040, Deed Records, Tarrant County, Texas. This strip lies adjacent to the north property line of subject lot and contains 250 square feet of land as required for a permanent sanitary sewer easement. Minutes of City Council N-3 Page 563 564 &C L-9997 cont. 2. 3. TUESDAY, JANUARY 9, 1990 Square Feet: 250 Zoning: "B" Two Family Description of Improvements: None in the taking Parcel No.: 8 Consideration: $1.00 Location: 3323 Grayson Street Owner: James R. Stepp Financing: Sufficient funds are available in Water Capital Improvements, Fund 58, Project No. 017100-00, Land Acquisition Sewer. This expenditure will be made from Index Code 698787. Land Agent: Frances Sargeant Project Name: Sanitary Sewer Rehabilitation Project XVI/ Masonic Home Addition Type of Acquisition: Permanent Sanitary Sewer Description of Land: A rectangularly shaped strip of land 5 feet in width and 100 feet in length from the rear of Lot 12, Block 4, Masonic Home Addition, as recorded in Volume 9026, Page 680, Deed Records, Tarrant County, Texas. This strip lies adjacent to the north property line of Lot 12, and contains 500 square feet of land as required for a permanent sanitary sewer easement. Square Feet: 500 Zoning: "B" Two Family Description of Improvements: None in the taking Parcel No.: 10 Consideration: $1.00 Location: 3301 Grayson Street Owner: First Texas Savings Association Financing: Sufficient funds are available in Sewer Capital Improvements, Fund 58, Project No. 017100-00, Land Acquisition Sewer. This expenditure will be made from Index Code 698787. Land Agent: Frances Sargeant Project Name: Sanitary Sewer Rehabilitation Project XVI/Masonic Home Addition Type of Acquisition: Permanent Sanitary Sewer Easement Description of Land: A rectangularly shaped strip of land 5 feet in width and 50 feet in length from the rear of west 50 feet of Lot 1, Block 5, Masonic Home Addition, as recorded in Volume 8399, Page 1431, Deed Records, Tarrant County, Texas. This strip lies adjacent to the south property line of Lot 1, and contains 250 square feet of land as required for a permanent sanitary sewer easement. Square Feet: 250 Zoning: "B" Two Family Description of Improvements: None in the taking Parcel No.: 12 Consideration: $1.00 Location: 3800 Vaughn Boulevard Owner: Carlos Torres Financing: Sufficient funds are available in Sewer Capital Improvements, Fund 58, Project No. 017100-00, Land Acquisition Sewer. This expenditure will be made from Index Code 698787. Land Agent: Frances Sargeant &C L-9997 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor , and Council Communication No. L-9997, be adopted, as corrected. Minutes of City Council N-3 Page 564 565 TUESDAY, JANUARY 9, 1990 &C L-9998 re There was presented Mayor and Council Communication No. L-9998 from the City cqui si ti on of Manager, as follows: ermanent easements SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS (7 TRANSACTIONS) RECOMMENDATION: It is recommended that approval be given for the acquisition of the land and/or easements described below: 1. Project Name: Sanitary Sewer Rehabilitation Project XVI/Masonic Home Addition Type of Acquisition: Permanent Easement Description of Land: A rectangularly shaped strip of land 5 feet in width and 45 feet in length, from the rear and south end of the west 45 feet of Lot 5, Block 4, Masonic Home Addition, as recorded in Volume 4925, Page 142, Deed Records, Tarrant County, Texas. This strip of land lies adjacent to the south property line of Lot 5 and contains 225 square feet of land as required for a permanent sanitary easement. Square Feet: 225 Zoning: "B" Two -Family Description of Improvements: None in the taking Parcel No.: 4 Consideration: $1.00 Location: 3334 Eastland Street Owner: Betty Howard Financing: Sufficient funds are available in Sewer Capital Improvements, Fund 58, Project No. 017100-00, Land Acquisition Sewer. This expenditure will be made from Index Code 698787. Land Agent: Frances Sargeant 2. Project Name: Sanitary Sewer Rehabilitation Project XVI/ Masonic Home Addition Type of Acquisition: Permanent Sanitary Easement Description of Land: A rectangularly shaped strip of land 5 feet in width and 100 feet in length from the rear of Lot 11, Block 4, Masonic Home Addition, as recorded in Volume 9566, Page 92, Deed Records, Tarrant County, Texas. This strip of land lies adjacent to the north property line of Lot 11 and contains 500 square feet of land as required for a permanent sanitary sewer easement. Square Feet: 500 Zoning: "B" Two -Family Description of Improvements: None in the taking Parcel No.: 9 Consideration: $1.00 Location: 3311 Grayson Street Owner: Tom Bradford dba Equity Properties Financing: Sufficient funds are available in Sewer Capital Improvements, Fund 58, Project No. 017100-00, Land Acquisition Sewer. This expenditure will be made from Index Code 698787. Land Agent: Frances Sargeant 3. Project Name: Sanitary Sewer Rehabilitation Project XVI/ Masonic Home Addition Type of Acquisition: Permanent Easement Description of Land: A rectangularly shaped strip of land 5 feet in width and 100 feet in length from the rear of Lot 3, Minutes of City Council N-3 Page 565 566 TUESDAY, JANUARY 9, 1990 &C L-9998 cont. Block 4, Masonic Home Addition, Second Filing, as recorded in Volume 309, Page 37, Deed Records, Tarrant County, Texas. This strip of land lies adjacent to south of the property line of Lot 3, and contains 500 square feet of land as required for a permanent sanitary sewer easement. Square Feet: 500 Zoning: "B" Two -Family Description of Improvements: None in the taking Parcel No.: 1 Consideration: $1.00 Location: 3320 Eastland Street Owner: George W. Savage Financing: Sufficient funds are available in Sewer Capital Improvements, Fund 58, Project No. 017100-00, Land Acquisition Sewer. This expenditure will be made from Index Code 698787. Land Agent: Frances Sargeant 4. Project Name: Sanitary Sewer Rehabilitation Project XVI/ Masonic Home Addition Type of Acquisition: Permanent Sanitary Sewer Easement Description of Land: A rectangularly shaped strip of land 5 feet in width and 50 feet in length from the rear of the west 50 feet of Lot 9, Block 4, Masonic Home Addition, as recorded in Volume 5532, Page 115, Deed Records, Tarrant County, Texas. This strip of land lies adjacent and parallel to the north property line of Lot 9, and contains 250 square feet of land as required for a permanent sanitary sewer easement. Square Feet: 250 Zoning: "B" Two -Family Description of Improvements: None in the taking Parcel No.: 7 Consideration: $1.00 Location: 3325 Grayson Owner: Barry K. Kuhn and Dena R. Eanes Financing: Sufficient funds are available in Sewer Capital Improvements, Fund 58, Project No. 017100-00, Land Acquisition Sewer. This expenditure will be made from Index Code 698787. Land Agent: Frances Sargeant 5. Project Name: Sanitary Sewer Rehabilitation Project XVI/ Masonic Home Addition Type of Acquisition: Permanent Sanitary Sewer Easement Description of Land: A rectangularly shaped strip of land 5 feet in width and 89 feet in length from the north side (rear) of the west 89 feet of Lot 2, Block 5, Masonic Home Addition, as recorded in Volume 9026, Page 680, Deed Records, Tarrant County, Texas. This strip of land is located adjacent to the north property line of of the west 89 feet of Lot 2, and contains 445 square feet of land as required for a permanent sanitary sewer easement. . Square Feet: 445 Zoning: "B" Two -Family Description of Improvements: None in the taking Parcel No.: 13 Consideration: $1.00 Location: 3401 Grayson Minutes of City Council N-3 Page 566 567 TUESDAY, JANUARY 9, 1990 M&C L-9998 cont. Owner: Mrs. Crawford Wyatt, Executor to Zach E. Wilkinson Financing: Sufficient funds are available in Sewer Capital Improvements, Fund 58, Project No. 017100-00, Land Acquisition Sewer. This expenditure will be made from Index Code 698787. Land Agent: Frances Sargeant 6. Project Name: Sanitary Sewer Rehabilitation Project XVI/ Masonic Home Addition Type of Acquisition: Permanent Sanitary Sewer Easement Description of Land: A rectangularly shaped strip of land 5 feet in width and 39 feet in length from the rear and south side of the east 50 feet of Lot 1, Block 5, Masonic Home Addition, Second Filing, as recorded in Volume 9486, Page 1000, Deed Records, Tarrant County, Texas. This strip of land is adjacent and parallel to the south property line of subject lot and contains 195 square feet of land as required for a permanent sanitary sewer easement. Square Feet: 195 Zoning: "B" Two -Family Description of Improvements: None in the taking Parcel No.: 11 Consideration: $1.00 Location: 3804 Vaughan Boulevard Owner: Jeffrey L. Keith Financing: Sufficient funds are available in Sewer Capital Improvements, Fund 58, Project No. 017100-00, Land Acquisition Sewer. This expenditure will be made from Index Code 698787. Land Agent: Frances Sargeant 7. Project Name: Sanitary Sewer Rehabilitation Project/ Lateral 2550 Type of Acquisition: Dedication Description of Land: A rectangularly shaped strip of land out of Lot 7, Block 9, Masonic Home Addition, Second Filing, as recorded in Volume 3398, Page 350, Deed Records, Tarrant County, Texas. This strip of land is 5.0 feet in depth and 100.0 feet in width and lies parallel and contiguous with the north property line of Lot 7, Block 9. Square Feet: 500 Zoning: "A" Parcel No.: 7 Consideration: $1.00 Location: 3912 Foard Owner: Florence M. Brown Financing: Sufficient funds are available in Sewer Capital Improvements, Fund 58, Project No. 017100-00, Sanitary Sewer Rehabilitation, L-2550. This expenditure will be made from Index Code 698787. Land Agent: Jerry Chalker M&C L-9998 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. L-9998, be adopted. M&C PZ -1569 re There was presented Mayor and Council Communication No. PZ -1569 from the City vacating South j Manager recommending that an ordinance be adopted vacating South Grove Street between Grove Street I Ripy Street and Butler Street and alleys between Lots 1-22, Block 10, and Lots 1-22, Block 11, Worth Heights Addition. It was the consensus of the City Council that the recommendation be adopted. (See subsequent reconsideration.) Minutes of City Council N-3 Page 567 568 TUESDAY, JANUARY 9, 1990 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 Chappell. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell (see sugsequent reconsideration.) NOES: None ABSENT: Council Member Murrin The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10493 10493 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING A PORTION OF SOUTH GROVE STREET, BETWEEN RIPY STREET AND BUTLER STREET, AND TWO ALLEYS LOCATED IN WORTH HEIGHTS ADDITION; PROVIDING FOR REVERSION OF FEE IN SAID LAND; REPEALING ALL ORDINANCE IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. M&C C-12088 re contract with There was presented Mayor and Council Communication No. C-12088 from the City Pitt -Des Moines Manager submitting a tabulation of bids received for the construction of the 2 MG Sun Country Elevated Tank; stating that funds are available in Fund 83, Project No. 018001-00, Index Code 683391; and recommending that the contract be authorized with Pitt -Des Moines on its low bid of $1,419,800.00. It was the consensus of the City Council that the recommendation be adopted. M&C C-12089 re There was presented Mayor and Council Communication No. C-12089 from the City contract with Manager submitting a tabulation of bids received for Sanitary Sewer Rehabilitation at Architectural Four Locations, Contract XVI; and recommending that the City Manager be authorized to Utilities, Inc. execute a contract with Architectural Utilities, Inc., on its low bid of $587,314.90 and that a fund transfer in the amount of $627,315.00 be authorized from Water and Sewer Operating Fund 45, Account No. 70-90-20, to Sewer Capital Improvement Fund 58, Project No. 017061-00, Sewer Rehabilitation Contract XVI, which includes $25,000.00 for possible change orders as established by City Ordinance No. 10437 and $15,000.00 for inspection and administration of the project. It was the consensus of the City Council that the recommendation be adopted. M&C C-12090 re There was presented Mayor and Council Communication No. C-12090 from the City contract with Manager recommending that the City Manager be authorized to execute a contract with AMIGOS Biblio- AMIGOS Bibliographic Council, Inc., for an amount not to exceed $15,868.00 for the graphic Council, interlibrary loan network services from September 1, 1989, to August 31, 1990, with Inc. funds available in Grant Fund 76, Project No. 308476-01, Index Code 505636. It was the consensus of the City Council that the recommendation be adopted. M&C C-12091 re There was presented Mayor and Council Communication No. C-12091 from the City amendment for in- Manager stating that City Secretary Contract No. 17002 was approved by the City Council stallation of co- on February 7, 1989, by Mayor and Council Communication No. C-11440 for the mmunity facilities installation of community facilities to serve Sycamore Creek Addition, Lot B, Block 1; proposing an amendment to the contract to upgrade the storm drain system and submitting revised estimated cost of the storm drain improvements; and recommending that the City Manager be authorized to execute an amendment to Contract No. 17002 for the installation of community facilities for Sycamore Creek Addition, Block 1, Lot B, to include an amended "Agreement to Indemnify and Provide Insurance to the City of Fort Worth" and revisions to the storm drain improvements. It was the consensus of the City Council that the recommendation be adopted. M&C C-12092 re There was presented Mayor and Council Communication No. C-12092 from the City extension of Manager stating that lease of system software packages for the Information Systems and lease of system Services Department was approved by Mayor and Council Communication No. P-1767 on software June 11, 1985, and by Mayor and Council Communication No. P-1789 on July 13, 1985; that continuation of the leases was approved by Mayor and Council Communication No. C-10592 on October 20, 1987, and by Mayor and Council Communication No. C-11243 on October 18, 1988; that, in order to maintain good response time for remote users such as Fire and Police, it is necessary to lease three addition products from IBM since they must be compatible with the existing software; that funds are available in Fund 01, Account No. 04-40-00, Index Codes 242412 and 242420; and recommending that the extension of the lease of system software for Information Systems and Services be authorized for fiscal year 1990 from the sole source, IBM Corporation, for an amount not to exceed $173,580.00. It was the consensus of the City Council that the recommendation be adopted. M&C C-12093 re There was presented Mayor and Council Communication No. C-12093 from the City contract with j Manager stating that the Water Department conducts a monitoring program to determine Gutierrez, Smouse the strength of wastewater discharged to the City sewer collection system from Wilmut and Associ wastewater wholesale customers for the purposes of charging for service; that 23 ates, Inc. wholesale customers are monitored at pre -determined intervals during the year; that there are numerous complications associated with the monitoring wastewater flows, with the major problems being because of the nature of the wastewaters being monitored; that a review of the present wholesale wastewater customer monitoring program is necessary; Minutes of City Council N-3 Page 568 569 M&C C-12093 cont. that the firm of Gutierrez, Smouse, Wilmut and Associates, Inc., proposes to perform the requested review in conjunction with Davis L. Ford and Associates; that funds are available in Fund 45, Sewer Department 70-90-10, Index Code 390500; and recommending that the City Manager be authorized to execute a contract with Gutierrez, Smouse, Wilmut and Associates, Inc., for a study to review the wholesale wastewater customer monitoring program and to provide recommendations for a fee not to exceed $39,998.00. It was the consensus of the City Council that the recommendation be adopted. M&C FP -2648 re There was presented Mayor and Council Communication No. FP -2648 from the City payment to Circle Manager stating that the Rehabilitation of Sanitary Sewer Lateral 249 has been C Construction completed in accordance with plans and specifications under Contract No. 17362 awarded Co. to Circle C Construction Company on September 5, 1989; that funds for the final payment are available in Fund 58, Contract Encumbrance No. 17362A, Index Code 658815; and recommending that the project be accepted as complete and that final payment in the amount of $17,337.76 to authorized to Circle C Construction Company, Inc. It was the consensus of the City Council that the recommendation be adopted. Zoning Hearing It appearing to the City Council that the hearing in connection with the Z-89-112 application of Lois Jeane Davis for a change in zoning of property located at 1807 Tremont Avenue from "B" Two -Family to "PD -SU" Planned Development/Specific Use/General Offices; to retain the existing residential structure and character; requiring that all parking be placed in the rear yard; and to retain the landscaped front yard, Zoning Docket No. Z-89-112, was continued by the City Council on December 13, 1989, from day to day and time to time and especially to the City Council meeting of January 9, 1990, to give every interested person or citizen opportunity to be heard, Mayor Bolen asked if there was anyone present desiring to be heard. Mr. H. Dennis Mr. H. Dennis Hopkins, representing Lois Jeane Davis, applicant for a change Hopkins re in zoning of property located at 1807 Tremont Avenue from "B" Two -Family to "PD -SU" Z-89-112 Planned Development/Specific Use/General Offices, to retain the existing residential structure and character, requiring that all parking be placed in the rear yard, and to retain the landscaped front yard, Zoning Docket No. Z-89-112, appeared before the City Council and requested that the City Council give favorable consideration to the recommended change in zoning. Mr. Hopkins requested clarification of the number of votes required for passage of Zoning Docket No. Z-89-112 inasmuch as Zoning Docket No. Z-89-112 requires a 3/4th affirmative vote for passage because of the percentage of residents within 200 feet of the property in opposition to the requested change in zoning and to the vacancy in District No. 7 on the City Council. City Attorney Atkins advised Mr. Hopkins that he has advised the City Council that Council Member Murrin's resignation is not effective until such time as the resignation is tendered and accepted; that the tendering and acceptance of the resignation has not occurred; and that Mr. Murrin is considered to be a member of the City Council until such time as that occurs. Mr. Raymond Arm- Mr. Raymond Armstrong, 1828 Tremont, appeared before the City Council and strong re Z-89-112 expressed opposition to the application of Lois Jeane Davis for a change in zoning of property located at 1807 Tremont Avenue from "B" Two -Family to "PD -SU" Planned Development/Specific Use/General Offices, to retain the existing residential structure and character, requiring that all parking be placed in the rear yard, and to retain the landscaped front yard, Zoning Docket No. Z-89-112, and submitted a petition and correspondences in opposition to the proposed change in zoning. Mr. Armstrong questioned the City Council regarding requirements for paving the rear yard for the parking and to the run-off of water from the paved parking lot. Mr. Joe Bilardi re Z-89-112 Mr. Joe Bilardi, Director of the Development Department, appeared before the City Council and advised the City Council that there are no permits required for the paving of existing rear yards but that the City Council can require a site drainage study and grading plan prior to any certificate of occupancy being issued. Z-89112 There being no one else present desiring to be heard in connection with the application of Lois Jeane Davis for a change in zoning of property located at 1807 Tremont Avenue from "B" Two -Family to "PD -SU" Planned Development/Specific Use/General Offices, to retain the existing residential structure and character, requiring that all parking be placed in the rear yard, and to retain the landscaped front yard, Zoning Docket No. Z-89-112, Mayor Pro tempore Gilley made a motion, seconded by Council Member Zapata, that the recommendation of the City Zoning Commission on Zoning Docket No. Z-89-112 be adopted subject to the requirement that, before any certificate of occupancy is issued for use other than residential that a site drainage study be submitted and approved as part of the site plan review process. When the motion was put to a vote by the Mayor, it prevailed unanimously. It appearing to the City Council that Resolution No. 1493 was adopted on December 19, 1989, setting today as the date for hearing in connection with recommended changes and amendments to Zoning Ordinance No. 3011, and that said notice of hearing was given by publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, on December 22, 1989, Mayor Bolen asked if there was anyone present desiring to be heard. Mr. Joe Bilardi Mr. Joe Bilardi, Director of the Development Department, appeared before the re Z-89-117, Z-89- City Council and advised the City Council that the submission of applications for 119, Z-89-120, and changes in zoning covered by Zoning Docket Nos. Z-89-117, Z-89-119, Z-89-120, and Z-89-121 cont. for Z-89-121 were submitted in response to recent assessment paving projects in the one month neighborhoods of the properties requested for a change in zoning. Minutes of City Council N-3 Page 569 570 TUESDAY, JANUARY 9, 1990 Mr. Gary Santerre Mr. Gary Santerre, Director of the Transportation and Public Works re Policy Assess- Department, appeared before the City Council regarding the City's policy on the ment paving pro- assessment paving projects and subsequent rezoning of properties. jects.Council Member Granger made a motion, seconded by Council Member Zapata, that Z-89-11 consideration of the applications of A.W. Phelps for a change in zoning of property Z-89-119 located at 5000 Eastland Street from "E" Commercial to "B" Two -Family, Zoning Docket Z-89-120 No. Z-89-117; of A.J. Walker for a change in zoning of property located at 2156 South Z-89-121 Jennings Avenue from "F" Commercial to "B" Two -Family, Zoning Docket No. Z-89-119; of Nellie Little for a change in zoning of property located at 2900 and 2902 Schadt Street from "E" Commercial to "B" Two -Family, Zoning Docket No. Z-89-120; and of Nellie Little for a change in zoning of property located at 2814 and 2816 Schadt Street from "E" Commercial to "B" Two -Family, Zoning Docket No. Z-89-121, be continued until the next regularly scheduled City Council zoning hearing. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mr. Bruce Mc- Mr. Bruce McClendon, Director of the Planning Department, appeared before the Clendon re City Council and advised the City Council that the Historic and Cultural Landmark Z-89-128 cont. Commission of the City of Fort Worth is of the opinion that, when it finds a historical for one month research, it is their responsibility to identify the property as a historical resource and that the property at 9204 Heron Drive is considered by the Historic and Cultural Landmark Commission of the City of Fort Worth as a historic resource. Mr. Emil Moncivais Mr. Emil Moncivais, Assistant Planning Director, appeared before the City re Z-89-128 Council and advised the City Council that there are addition properties around Lake Worth which need to come under the "HC" Historic and Cultural Subdistrict classification and that the Historic and Cultural Landmark Commission of the City of Fort Worth wanted some protection of the property at 9204 Heron Drive before the property is sold and requested that the Council give favorable consideration to approving Zoning Docket No. Z-89-128. Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that the hearing in connection with the application of the City of Fort Worth for a change in zoning of property located at 9204 Heron Drive from "A" One -Family to "A" One-Family/"HC" Historic and Cultural Subdistrict and "E" Commercial to "E" Commercial /"HC" Historic and Cultural Subdistrict, Zoning Docket No. Z-89-128, be continued until the next regularly scheduled City Council zoning hearing. When the motion was put to a vote by the Mayor, it prevailed unanimously. There being no one else present desiring to be heard in connection with recommended changes and amendments to Zoning Ordinance No. 3011, Mayor Pro tempore Gilley made a motion, seconded by Council Member Granger, that the hearing be closed and that the recommended changes in zoning as recommended by the City Zoning Commission be approved, as follows: Z-89-116 Z-89-116 SAM BLINDERMAN 3705, 3709 and 3713 East Rosedale Street "E" Commercial and "I" and "J" Light Industrial to "E" Commercial Z-89-122 Z-89-122 GREGORY W. SPENCER East Portion of 4000 Miller Avenue "B" Two -Family to "E" Commercial Z-89-123 Z-89-123 VIOLA C. DAVIS 3225 South University Drive "C" Multi -Family to "PD -SU" Planned Development/Specific Use for Insurance Office Z-89-125 Z-89-125 PHIL BORDELEAU 1909 Alston Avenue "B" Two -Family to "B" Two-Family/"HC" Historic and Cultural Subdistrict Z-89-126 FIRST FEDERAL SAVINGS AND LOAN OF ROCKFORD AND FSLIC, Z-89-126 by James W. Schell 6635 and 6639 McCart Street (Lone Star Shopping Center) "PD -SU" Planned Development/Specific Use #PD -64 to "E" Commercial, and "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 requested. When the motion was put to a vote by the Mayor, it prevailed unanimously. Minutes of City Council N-3 Page 570 5'71 TUESDAY. JANUARY 9. 1990 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 Granger. 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, Webber, and Chappell NOES: None ABSENT: Council Member Murrin The ordinance, as adopted, is as follows: Ordinance no. ORDINANCE NO. 10494 10494 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 3011, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS AND SHOWING SUCH DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 6. That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than One Thousand Dollars ($1,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Reconsidered Council Member Chappell made a motion, seconded by Mayor Pro tempore Gilley, consent agenda that the consent agenda be reconsidered. When the motion was put to a vote by the Mayor, it prevailed unanimously. Remove M&C PZ- Council Member Chappell requested that Mayor and Council Communication 1569 from consent No. PZ -1569 be removed from the consent agenda. agenda Council Member Chappell made a motion, seconded by Mayor Pro tempore Gilley, Consent agenda that the consent agenda, as amended, be adopted. When the motion was put to a vote by adopted the Mayor, it prevailed unanimously. Council Member Chappell requested permission to abstain from voting on Mayor and Council Communication No. PZ -1569. Council Member Webber made a motion, seconded by Mayor Pro tempore Gilley, that Council Member Chappell be permitted to abstain from voting on Mayor and Council Communication No. PZ -1569. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mayor Pro tempore Gilley made a motion, seconded by Council Member Zapata, that the recommendation, as contained in Mayor and Council Communication No. PZ -1569, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, j Garrison, Granger, McCray, and Webber NOES: None ABSENT: Council Member Murrin NOT VOTING: Council Member Chappell Minutes of City Council N-3 Page 571 5W TUESDAY, JANUARY 9, 1990 Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Zapata. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, and Webber Ordinance No. 10493 Mr. Joseph Dalton re cab service Mrs. Nancy Runyon regarding problems involving the Police Department Met in closed or exexecutive sessio t f Reconvened into regular session Adjourned NOES: None ABSENT: Council Member Murrin NOT VOTING: Council Member Chappell The ordinance, as adopted, is as follows: Ordinance No. 10493 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING A PORTION OF SOUTH GROVE STREET, BETWEEN RIPY STREET AND BUTLER STREET, AND TWO ALLEYS LOCATED IN WORTH HEIGHTS ADDITION; PROVIDING FOR REVERSION OF FEE IN SAID LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Council Member Zapata excused himself from the Council table at this time. Mr. Joseph Dalton, 4401 Quail Trail, Apartment 116, appeared before the City Council and advised the City Council that, in his opinion, decent cab service is needed in Fort Worth and registered his complaint regarding the cab service in Fort Worth. Mrs. Nancy Runyon, 368 Foch Street, appeared before the City Council and regarding treatment by the Police Department and Animal Control personnel. Mrs. Runyon was referred to Assistant City Manager Ramon Guajardo. It was the consensus of the City Council that the City Council meet in closed or execute session for the following purposes: 1. To discuss the following leases of real property: a) proposed lease to Page Avjet; and 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 third person, firm or corporation. 2. To receive the advice of its attorney concerning the following pending or contemplated litigation: a) In Re: Briscoe Enterprises, Ltd., II, d/b/a Regalridge Apartments Debtor, Case No. 489-4447; b) In Re: Briscoe Enterprises, Ltd., III, Debtor, Case No. 489-4448; c) contemplated litigation concerning ordinance regulating truck traffic on Dick Price Road; and d) contemplated litigation pursuant to Chapter 54, Texas Local Government Code; as authorized by Section 2(e), Article 6252-17, V.A.C.S. The City Council reconvened into regular session with eight members present and Council Member Murrin absent. There being no further business, the i G /CITY SECRETARY Minutes of City Council N-3 Page 572 ,1 G-; k -, I W U 4 Minutes of City Council N-3 Page 573 573 574 Minutes of City Council N-3 Page 574 5`75 Minutes of City Council N-3 Page 575 576 Minutes of City Council N-3 Page 576