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HomeMy WebLinkAbout1990/01/16-Minutes-City CouncilI CITY COUNCIL MEETING JANUARY 16, 1990 Council Met On the 16th 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: Members present 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: Invocation The invocation was given by City Secretary Howard. Pledge of Al l egi anc The Pledge of Allegiance was recited. January 9, 1990 On motion of Council Member Garrison, seconded by Council Member Webber, the minutes approved minutes of the meeting of January 9, 1990, were approved. Jack Tol l ett and Messrs. Jack Tol l ett and George Parker invited the City Council, on behalf of the George Parker in- Fire Education and Prevention Foundation, to attend a program at which smoke alarms for vi ted Council to the Worth Heights area will be distributed. the Fire Education and Prevention _ City Manager Ivory requested that Mayor and Council Communication No. C-12112 be Foundation withdrawn from the agenda. M&C C-12112 with- drawn from agenda Council Member Webber requested that Mayor and Council Communication No. C-12100 M&C C-12100 with- be withdrawn from the consent agenda. drawn from agenda M&C OC S-70 with City Secretary Howard requested that Mayor and Council Communication No. OCS-70 be drawn from agenda withdrawn from the consent agenda. Consent agenda On motion of Mayor Pro tempore Gilley, seconded by Council Member Zapata, the approved consent agenda, as amended, was approved. Correspondence from There was presented correspondence from Council Member Steve Murrin, as follows: Council Member Steve Murrin January 10, 1990 Mayor Bob Bolen and Members of the Fort Worth City Council 1000 Throckmorton Fort Worth, Texas 76102 Re: Resignation from Office Dear Ladies and Gentlemen: During the Council meeting on January 2, 1990, I stated that I wished to resign my office as Councilmember, District No. 7, City Council of the City of Fort Worth, Texas. I hereby tender this letter to the City Council as my written resignation and request that the Council take official action to accept my resignation as soon as possible. Let me express my gratitude for your friendship and cooperation during my. service on the City Council. It has been a pleasure to work with all of you. Very truly yours, /S/ Steve Murrin, Jr. Steve Murrin, Jr. Councilmember, District No. 7 Resignation was On motion of Mayor Pro tempore Gilley, seconded by Council Member Webber, the accepted with re- resignation of the Honorable Steve Murrin, District 7, from the City Council was luctance accepted with reluctance. M&C OC S-59 69 There was presented Mayor and Council Communication No. OCS-69 from the Office of Claims the City Secretary recommending that notices of claims for alleged damages and/or injuries be referred to the Risk Management Department, as follows: 1. Claimant: Harley J. Brannon Harley J. Brannon Date Received: January 6, 1990 Date of Incident: December 30, 1989 Location of Incident: Corner of 3500 Hartsdale and Hillside Estimate of Damages/ Injuries: $65.05 Nature of Incident: Claimant alleges damages as the result of Fort Worth Police not clearing the record +4WC�ou A i'L Minutes of City Council 0-3 Page 1 2 TUESDAY JANUARY 16, 1990 Harley J. Brannon' regarding the earlier theft of his vehicle; claim cont. the recovery of the vehicle; and the subsequent impoundment of his vehicle in Oklahoma. arol Boswell 2. Claimant: Carol Boswell Date Received: January 10, 1990 Date of Incident: December 8, 1989 Location of Incident: 8254 Langford Drive Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages as the result of a water main break. Valeria Jo Ford- 3. Claimant: Valeria Jo Fordjour jour Date Received: January 8, 1990 Date of Incident: Undeclared Location of Incident: Corner of Horne & Diaz Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages and injuries as the result of an accident involving a City -owned vehicle (police). Weldon Dean Hughes 4. Claimant: Weldon Dean Hughes Date Received: January 8, 1990 Date of Incident: December 9, 1989 Location of Incident: 7100 Calmont Estimate of Damages/ Injuries: $848.00 - $976.00 Nature of Incident: Claimant alleges damages and injuries as the result of an accident involving a City -owned vehicle (police). Martin Spence Smitli 5. Claimant: Martin Spence Smith Date Received: January 8, 1990 Date of Incident: December 25, 1989 Location of Incident: Anita Avenue & Manderly Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages to his automobile as the result of street conditions. Willie E. Thomas 6. Claimant: Willie E. Thomas Date Received: January 8, 1990 Date of Incident: September 6, 1989 Location of Incident: 2512 Vogt Estimate of Damages/ Injuries: $110.00 + service charge Nature of Incident: Claimant alleges damages to his property caused by limbs on tree on City right-of-way falling and striking fence. Amersham Corproa- 7. Claimant: Amersham Corporation (Diane Schroeder) tion (Diane Schroe Date Received: January 8, 1990 der) Date of Incident: October 27, 1989 Location of Incident: Estimate of Damages/ Injuries: $14,592.03 Nature of Incident: Claimant alleges damages as the result of vehicle being auctioned. Arnold Lee Nelson 8. Claimant: Arnold Lee Nelson Date Received: January 8, 1990 Date of Incident: December 21, 1989 Location of Incident: 2201 Daggett (Water Department Garage) Estimate of Damages/ Injuries: $5,790.36 - $6,176.63 Nature of Incident: Claimant alleges damages to his automobile as the result of an accident involving a City -owned vehicle (dump truck). Marshall Neal 9. Claimant: Marshall Neal Barnett Barnett Date Received: January 8, 1990 Date of Incident: Undeclared Location of Incident: 5237 Goodman Estimate of Damages/ Injuries: $341.63 - $498.99 Nature of Incident: Claimant alleges damages to his automobile as the result of street conditions. Elba R. Crumby 10. Claimant: Elba R. Crumby Date Received: January 8, 1990 Date of Incident: November 30, 1989 Minutes of City Council 0-3 Page 2 3 TUESDAY, JANUARY 16 1990 1 ba R. Crumby claim Location of Incident: On Cherry Lane overpass over I-30 ont. Estimate of Damages/ Injuries: $364.50 - $403.80 Nature -of Incident: Claimant alleges damages as the result of an accident. oval Insurance Gayla Poehl-West) 11. Claimant: Royal Insurance (Gayla Poehl-West) Date Received: January 5, 1990 Date of Incident: October 24, 1989 Location of Incident: 900 block West Peter Smith Estimate of Damages/ Injuries: $2,464.63 + injuries Nature of Incident: Claimant alleges subrogation rights for its insured's (Samuel and Addyn Montgomery) property; accident allegedly occurred as result of non -visibility of stop sign. &C OCS-70 oning hearing ' There was presented Mayor and Council Communication No. OCS-70 from the City Secretary recommending that a resolution be adopted setting the zoning hearing for February 13, 1990. On motion of Council Member Garrison, seconded by Council Member Chappell, the recommendation was adopted. ntroduced a Council Member Garrison introduced a resolution and made a motion that it be esolution 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: None The resolution, as adopted, is as follows: esolution No. 498 RESOLUTION N0. 1498 A RESOLUTION PROVIDING FOR A PUBLIC HEARING TO BE HELD IN THE CITY COUNCIL CHAMBERS AT THE MUNICIPAL BUILDING IN THE CITY OF FORT WORTH, TEXAS, ON FEBRUARY 13, 1990 AT 10:00 A.M., FOR THE PURPOSE OF CONSIDERING THE PROPOSED 'CHANGES AND AMENDMENTS TO ORDINANCE NO. 3011, AS AMENDED, WHICH IS THE COMPREHENSIVE ZONING ORDINANCE OF SAID CITY, AND PROVIDING THAT SAID HEARING MAY CONTINUE FROM DAY TO DAY UNTIL EVERY INTERESTED PARTY AND CITIZEN HAS HAD A FULL OPPORTUNITY TO BE HEARD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That at 10:00 O'clock A.M., Tuesday, February 13, 1990 the City Council of the City of Fort Worth, which is the legislative body of said City, will hold a public hearing in the Council Chambers at the Municipal Building for the purpose of considering changes and amendments to Ordinance No. 3011, as amended, the Comprehensive Zoning Ordinance of said City. The purpose of said hearing is to determine whether or not said Ordinance No. 3011, as amended, should be amended so that the zoning classification of the following areas shall be changed as hereinafter described. Z-89-115 Lots 11 and 12, Block 55, Factory Place Addition (3609 and 3615 Birchman Avenue) Recommended from "B" Two -Family to "PD/SU" Planned Development/Specific Use for general office, medical facility and/or auxillary parking. Z-89-118 BEING a tract of land out of the Kitty House Survey, Abstract 678, in Tarrant County, Texas, and being described as follows; BEGINNING at an iron pin situated 604.6 varas west and 232.33 varas north of the southeast corner of said survey, also being in the easterly right-of-way line of House Anderson Road; THENCE N 0°1'0" E, along said right-of-way 355.7 feet to an iron pin for corner in the south right-of-way line of Trinity Boulevard; THENCE N 88°30'0" E, along said right-of-way 208.7 feet to an iron pin for corner; THENCE S 0008'18" W, 352.16 feet to an iron pin for corner; THENCE S 87031'18" W, 208.8 feet to the PLACE OF BEGINNING and containing 73,705.8 square feet of land, or 1.692 acres of land, more or less. Minutes of City Council 0-3 Page 3 P Resolution No. (3410 House Anderson Road) 1498 cont. Recommended from "AG" Agricultural to "J" Light Industrial. Z-89-124 Lot 1, Block 19, Wedgwood Addition (5150 Trail Lake Drive) Recommended from "ER" Restricted Commercial to "PD/SU" Planned Development/Specific Use for all uses in the "E" Commercial District except pawn shops, retail sales with gasoline sales, restaurants and any sale of alcoholic beverages; waiver of site plan Z-90-007 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 of 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 89050'23" E 200.06 feet along the south right-of-way line of said Keller Haslet Road to a 5/8" iron rod; THENCE S 00003'42" W 180.94 feet departing said south right-of-way line to a 5/8" iron rod; THENCE N 84050'52" 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 10039'07" E 81.88 feet to a Texas Highway Department Monument; 2. N 50020'50" E 115.38 feet to the PLACE OF BEGINNING containing 1.055 acres of land. (Southeast Corner of I -35W & Haslet Road) Recommended from unzoned to "F" Commercial. Z-90-008 Lot 1, Block 1, St. John Addition (311 University Drive) Recommended from" PD/SU" Planned Development/Special Use, Case #PD 53 to "E" Commercial. Z-90-009 BEING 5.0 acres of land out of the L.G. Tinsley Survey, Abstract No. 1523, situated in Fort Worth, Tarrant County, Texas and being more particularly described as follows: BEGINNING at an iron rod being the southwest corner of said 5.0 acre tract, said iron rod also being in the existing centerline of Haltom Road; THENCE North, along the existing centerline of said Haltom Road, 100.00 feet to an iron rod for corner; THENCE N 89032' 0" E, along the south line of a tract of land conveyed to M. Catherine Carden according to the deed recorded in Volume 4652, Page 129, D.R.T.C.T., 665.82 feet to an iron rod for corner; THENCE N 2059'37" W, 101.97 feet to a 2" steel post for corner; THENCE N 89055'5" E, 659.72 feet to a 2" steel post for corner; THENCE N 16013'0" E, 125.00 feet to a point in the Dry Branch of the Trinity River; THENCE S 7101'28" E, along the centerline of said Dry Branch, 73.15 feet to a point; THENCE S 1300'40" W, 303.00 feet to an iron rod for corner; THENCE S 89036'38" W, along the north line of a tract of land conveyed to Harry Sarantos according to the deed recorded in Minutes of City Council 0-3 Page 4 5 TUESDAY, JANUARY 16 1990 Resolution No. I Volume 2631, Page 174, D.R.T.C.T., 1356.10 feet to the POINT OF 1498 cont. BEGINNING. (500 Haltom Road) Recommended from "AG" Agricultural to "K" Heavy Industrial. Z-90-011 BEING approximately a 2.71 acre tract of land located in the A. McLemore Survey, Abstract No. 1056, Tarrant County, Texas, and being a portion of Lot 22-R, Block 7, Blandford Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Volume 388-92, Page 17, of the Plat Records, Tarrant County, Texas, and being more particularly described as follows: COMMENCING at an iron rod at the southwest corner of said Lot 22-R; THENCE along the west line of said lot 22-R N 0°1'54" E, a distance of 310.2 feet to the POINT OF BEGINNING; THENCE along the west line of said Lot 22-R N 0°1'54" E, a distance of 267.0 feet THENCE S 89045'45" E, a distance of 443.0 feet; THENCE S 0°8'7" W, a distance of 267.0 feet; THENCE N 89058'6" W, a distance of 443.0' to the POINT OF BEGINNING, and containing approximately 118,281 square feet (2.71 acres). (109 North Chandler Avenue) Recommended from "G" Commercial to "PD/SU" Planned Development/Specific Use for all uses in the "G" Commercial District and an office warehouse (for package delivery service subject to the site plan submitted); waiver of site plan Z-90-012 Situated in the City of Fort Worth, Tarrant County, Texas, and being a portion of Lot 7, Block 136, Belmont Park Addition, as shown on plat thereof recorded in Volume 204-2, Page 83, of the Plat Records of Tarrant County, Texas, and an adjoining portion of True Street adjacent to the west side of said Lot 7, and being more fully described as follows: BEGINNING at a nail driven in a tree for the most easterly corner of said Lot 7, and the most northerly corner of Lot 8, in said Block 136, Belmont Park; THENCE S 45°0'0" W, with the common line between said Lots 7 and 8, 95.0 feet to an iron rod set for corner in the northeasterly line of Jacksboro Highway; THENCE N 45°0'0" W, with said northeasterly line of Jacksboro Highway, at 67.4 feet passing the west line of said Lot 7, continuing in all, 136.9 feet to an iron rod set for corner; THENCE N 2°2'14" E, 129.78 feet to an iron rod set for corner; THENCE S 4500'0" E, partially with the northeasterly line of said Lot 7 and the southeasterly line of a 20 foot wide public alley, in all 225.5 feet to the PLACE OF BEGINNING. (2804 Jacksboro Highway) Recommended from "E" Commercial to "I" Light Industrial. Z-90-013 Southern 397 feet of Lot 1, Block 1, Echols Addition, Lot 15, Block 9 and Lot 1, Block 12, B. Jackson Addition; and 0.157 of an acre of land situated in the J.G. Ashabranne Survey Abstract No. 7 Tarrant County, Texas, conveyed to Gilbert B. Certer and Phillip C. Schwab as recorded in Volume 7222 Page 2301 Deed Records of Tarrant County, Texas, said 0.157 of an acre of land being more particularly described by metes and bounds as follows: BEGINNING at a point in the south R.O.W. line of Bertha Avenue also being the northwest corner of Lot 1, Block 12, B. Jackson Addition to the City of Fort Worth as recorded in Volume 388-Q, Page 161, Plate Records of Tarrant County, Texas. THENCE S 0°1'0" W, along the west line of said Lot 1, 117.88 feet to a point; THENCE S 89046'27" W, 58.00 feet to a point; Minutes of City Council 0-3 Page 5 TUESDAY, JANUARY 16, 1990 Resolution No. II THENCE N 0°110" E, 117.77 feet to a point in the south R.O.W. line 1498 cont. of the aforementioned Bertha Avenue. THENCE N 89039'44" E, along said R.O.W. line, 58.00 feet to the POINT OF BEGINNING and containing 0.157 of an acre of land. (2701 Miller Avenue and 4233 ° 4232 Bertha Avenue) 11 Recommended from "A" One -Family to "CF" Community Facilities. Z-90-014 BEING 1.756 acres of land out of the J.C. McComas Survey, Abstract No. 1039, in Tarrant County, Texas and described by metes and bounds as follows; BEGINNING at an iron pin for corner in the North line of 28th Street, 27.5 feet North from the Southwest corner of said McComas Survey; THENCE S 89048'0" E, along the North line of 28th Street, 252.0 feet to an iron pin for corner; THENCE N 00110" E, 290.0 feet to an iron pin for corner; THENCE N 89048'0" W, 75.0 feet to an iron pin for corner; THENCE N 001'0" E, 10.00 feet to an iron pin for corner; THENCE N 89040'0" W, 177.0 feet to an iron pin for corner; THENCE S 0°1' W, 309.30 feet to the POINT OF BEGINNING and containing 1.756 acres or 76,496.1 square feet of land. (3001 N.E. 28th Street) Recommended from "B" Two -Family, "E" Commercial and "I" Light Industrial to "I" Light Industrial. Z-90-015 Lots 1-4, Block 96 and Lots 5-8, Block 96, Fort Worth Original Town (601-609 Main Street) Recommended from "H" Business to "H/HC" Business/Historic and Cultural Subdistrict. Z-90-017 Tract 1: Being a description of a portion of Casino Beach, said portion situated in the Jacob Wilcox Survey No. 33, Abstract No. 1716, Tarrant County Texas is part of Block 16 of the City of Fort Worth's Lake Worth Lease Land as shown by an unrecorded plat of same prepared by Hayes and Dunaway in June 1956 and is more particularly described by metes and bounds as follows: COMMENCING at a point on the centerline of Surfside Drive and the south right-of-way of State Highway No. 199 - Jacksboro Highway from which a state highway right-of-way monument bears South 74°35'00" W a distance of 31.28; THENCE N 74035'00" E, on the south right-of-way of said Jacksboro Highway, 1,687.96 feet to a point for the beginning of a curve to the right whose center bears S 15025'00" E, a distance of 970.72 feet; THENCE on said curve to the right and Jacksboro Highway right-of-way through a total central angle of 32°01'36", at 467.66 feet pass the north boundary of proposed Casino Beach Drive right-of-way, and in all 542.71 feet to the south right-of-way of same for the northeast corner and POINT OF BEGINNING of this tract; THENCE S 51045'00" E, continuing on the right-of-way of Jacksboro Highway, a distance of 236.12 feet to the 594.0 foot contour and north boundary of Lake Worth for the southeast corner of this tract; THENCE along the 594.0 foot contour and north boundary of Lake Worth the following courses and distances, Minutes of City Council 0-3 Page 6 S 41023'40" W - 100.99 feet; S 68°27'31" W - 147.82 feet; S 57022'08" W - 187.34 feet; S 5947'40" W - 318.19 feet; S 52025'41" W - 97.43 feet; S 56°05'09" W - 189.70 feet; S 57005'12" W - 192.59 feet; S 53°4352" W - 106.27 feet; S 27°57'38" W - 55.21 feet; S 35°07'43" W - 84.80 feet; S 68022'18" W - 164.57 feet; S 66°09'51" W - 189.50 feet; Minutes of City Council 0-3 Page 6 TUESDAY JANUARY 16 1990 Resolution No. S 58019'00" W - 196.31 feet; S 44'56'30" W - 93.09 feet to a point 1498 cont. on the east side of an existing pavilion patio for a corner; THENCE continuing on the 594.0 foot contour around said pavilion patio the following courses and distances, S 19°47'56" E - 22.70 feet; S 33005'04" W - 24.49 feet to the beginning of a curve to the right whose center bears N 56°54'56" W a distance of 29.31 feet; THENCE along said curve to the right continuing on the 594.0 foot contour through a central angle of 72°46'54" and arc distance of 37.23 feet; THENCE continuing on the 594.0 foot contour and north boundary of Lake Worth the following courses and distances, N 74°08'02" W - 19.58 feet; N 19°41'56" W - 8.35 feet; S 70°04'28" W - 230.63 feet and S 77°24'40" W - 108.45 feet to a point for the southeast corner of Lot 7 in Block 16 of said Hayes and Dunaway Plat for the southwest corner of this tract; THENCE N 23006'27" W along the easterly boundary of said Lot 7, a distance of 222.20 feet to a point for the northeast corner of said Lot 7 in the south boundary of proposed Surfside Circle, a 50.00 foot wide street, for the northwest corner of this tract; THENCE N 55045'30" E on the south boundary of said Surfside Circle, 61.24 feet to a point for a curve to the right whose center bears S 34014'30" E, 191.25 feet; THENCE on a said curve to the right through a central angle of 34°50'07" an arc distance of 116.28 feet; THENCE S 89024'23" E, continuing on the south boundary of Surfside Circle, 132.74 feet to a point for the beginning of a curve to the left whose center bears N 00035'37" E, 190.12 feet THENCE on said curve to the left continuing on the said south boundary of Surfside Circle through a central angle of 45038'30" an arc distance of 151.45 feet; THENCE N 44057'07" E, continuing on Surfside Circle boundary, 409.76 feet to a point for the beginning of a curve to the left whose center bears North 45002'53" W, 88.89 feet; THENCE on said curve to the left and Surfside Circle boundary, through a central angle of 59°17'12" an arc distance of 91.98 feet; THENCE N 14020'05" W, continuing on the boundary of Surfside Circle and through a transition to Casino Beach Drive, a proposed 60.00 foot street, a distance of 72.51 feet to the beginning of a curve to the right whose center bears N 75039'55" E a distance of 54.95 feet; THENCE on said curve to the right and transition, through a central angle of 65°38'05" an arc distance of 62.94 feet to a point on the south boundary of Casino Beach Drive; THENCE N 51018'00" E, on the south boundary of Casino Beach Drive, a distance of 1243.65 feet to the POINT OF BEGINNING and containing 20.8245 acres of land, more or less. Recommended from "A" One -Family to "PD/SU" Planned Development/Specific Use for all uses in the "F" Commercial District including the uses, related uses and complementary uses which can be associated with the recreational uses specifically called out in the Lake Worth leases for this property; shall include but not be limited to: Aqua golf practice range, miniature golf, fishing equipment and bait sales, boat rental and sales, water ski rental, skating rink, dance hall, pool hall, video arcade, bingo, batting cages, tennis, food and drink sales, souvenir sales, golf equipment rental and sales, swimming, picnic areas, marina, fish farm, beer and wine sales, restaurant, and riverboat operation, except that these amusement enterprises will specifically exclude free-standing bars, cocktail lounges, night clubs or taverns; or those alcoholic beverage sale uses not directly related to a restaurant or food service operation serving the other recreational uses. This does allow the sale of alcoholic beverages for a catered activity or for special facility rental situations. However, the uses allowed shall not include the following: Sexually oriented businesses, recording studios, furniture upholstery, theaters, automobile/motorcycle/trailer sales or rental, blood bank, bowling alley, feed stores, public garage for Minutes of City Council 0-3 Page 7 0 Resolution No. repairs of automobiles, paint and body shops, gunsmithing, 1498 cont. hotels/motels, hospitals, nursing homes, mini -warehouses, auto parts supply, saddle/harness repair and sales, car wash facilities, full-service service stations, banks, pet shops, department stores, animal hospitals, drug stores, dry goods stores, appliance sales, funeral homes, pawn shops, recreational vehicle park, radio/television sales and servicing, clothing shop, and care facilities. Waiver of site plan recommended. Tract 2: Being a description of that portion of Casino Beach proposed for a zoning change from "A" to "E", said portion situated in the Jacob Wilcox Survey No. 33, Abstract No. 1716, Tarrant County, Texas is a part of Block 16 of the City of Fort Worth's Lake Worth Lease Land as shown by an unrecorded plat of same prepared by Hayes and Dunaway in June 1956 and is more particularly described by metes and bounds as follows: COMMENCING at a point on the centerline of Surfside North Drive and the south right-of-way of State Highway No. 199 - Jacksboro Highway from which a state highway right-of-way monument bears S 74°35'00" W a distance of 31.28 feet. THENCE N 74035'00" E on the south right-of-way of said Jacksboro Highway a distance of 1641.82 feet to a point for the northerly northwest corner and POINT OF BEGINNING of this tract; THENCE N 74°35'00" E, continuing on the south right-of-way of said Jacksboro Highway, 46.14 feet to a point for the beginning of a curve to the right whose center bears S 15°25'00" E, a distance of 970.72 feet; THENCE on said curve to the right and Jacksboro Highway right-of-way through a total central angle of 32°01'36", at 467.66 feet pass the north boundary of proposed Casino Beach Drive right-of-way, and in all 542.71 feet to the south right-of-way of same for the east corner of this tract; THENCE S 51018'00" W, on the south right-of-way of proposed Casino Beach Drive a distance of 640.77 feet to a point for the southwest corner of this tract. THENCE N 11029'12" W, at 67.47 feet pass the north boundary of said Casino Beach Drive and in all a distance of 402.00 feet to the POINT OF BEGINNING and containing 3.0178 acres of land, more or less. Recommended from "A" One -Family to "E" Commercial. Z-90-018 Lot C -R-1, Block 1, Western Hills Addition (8220-8228 Highway 80 West) Recommended from "E" Commercial to "F -R" Restricted Commercial That the proposed amendments and changes at this hearing will be considered in accordance with the provisions of Chapter 211 of the Texas Local Government Code. BE IT FURTHER RESOLVED that this Resolution, when published in the official newspaper of the City of Fort Worth, which is a paper of general circulation, one (1) time, shall constitute a notice of hearing, which publication shall be made at least fifteen (15) days prior to such hearing, and all interested parties are urgently requested to be in the Council Chambers at the Municipal Building at the time hereinabove set forth to make any protest or suggestion that may occur to them, and this hearing may continue from day to day until every interested party and citizen has had a full opportunity to be heard. M&C G-8322 cont. It appearing to the City Council that on December 19, 1989, the City Council for one week continued the hearing in connection with the assessment paving of Carey Road, Unit 1A, from Wilbarger Street to East Berry Street from day to day and from time to time and particularly to the regularly scheduled meeting of January 16, 1990, to give every interested person or citizen opportunity to be heard, Mayor Bolen asked if there was anyone present desiring to be heard. I Mrs. Martha LundayMrs. Martha Lunday, representing the Department of Transportation and Public re M&C G-8322 Works, appeared before the City Council and called attention of the City Council to Mayor and Council Communication No. G-8372, as follows: Minutes of City Council 0-3 Page 8 a M&C G-8828 cont. SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF CAREY ROAD, UNIT 1A, WILBARGER STREET TO E. BERRY STREET (PROJECT NO. 67-040165) 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 improvements to Carey Road, Unit 1A, from Wilbarger Street to E. Berry Street. DISCUSSION: The 1986-88 Capital Improvement Program approved in March, 1986, included funds for the improvement of Carey Road, from E. Berry Street to US Highway 287. The Street will be constructed in two units: from E. Berry to Wilbarger and from Wilbarger to US Highway 287. Carey Road from E. Berry to Wilbarger is located in the Stop Six Target Area, and CDBG funds will finance 30 percent of construction cost. On November 7, 1989 (M&C G-8310), the City Council established December 19, 1989, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. This project is located in Council District No. 5. PROPOSED IMPROVEMENTS: It is proposed to improve this segment of Carey Road by constructing seven- inch thick reinforced concrete pavement with seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade so that the finished roadway will be forty to forty-eight feet wide on a variable width right-of-way. Six-inch thick concrete driveway approaches will be constructed where specified on the plans. ASSESSMENTS• This street has not previously been constructed to City standards and is located in a CDBG Target Area; therefore, in accordance with the Assessment Paving Policy, properties zoned and used for one- and two-family residences are not being assessed. An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. Based on standard City policy, the City Engineer's estimate, and the advice of the independent appraiser, the cost sharing for the construction of Carey Road has been computed as follows: Property Owners a $ 179,093.50 (17%) Fort Worth City 872,506.50 (83%) Total Project Cost $1,051,600.00 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. Walter Cook re Mr. Walter Cook, 1020 Macon, owner of Lot 1, Block 1, James M. Daniel Addition, M&C G-8372 which property is adjacent to Carey Road, Unit 1A, Wilbarger Street to East Berry Street, appeared before the City Council and expressed opposition to the assessment paving of Carey Road, Unit 1A, Wilbarger Street to East Berry Street and presented a copy of his appraisal to the City Council. Mr. Gary Santerre Mr. Gary Santerre, Director of Transportation and Public Works Department, re M&C G-8828 appeared before the City Council and advised the City Council that upon cancelling the project the money would be set aside but if not used within two to three years it would be difficult to get the money to apply to another project. Mr. Donald Shultz Mr. Donald Shultz, appraiser for Mr. Cook, appeared before the City Council and re M&C G-8378 advised the City Council that, based on his study and in his opinion, there is no enhancement to Mr. Cook's property. Mr. Gary Santerre Mr. Gary Santerre, Director of Transportation and Public Works Department, re M&C G-83ZB appeared before the City Council and advised the City Council of the status of the project and of the City's current cost of approximately $50,000.00. Mr. Clyde Peabody Mr. Clyde Peabody, 2601 Ludell Street, owner of Tracts 12C1, 12C1A, and 12C2, re M&C G-8322 Abstract 395, James W. Daniel Survey, which property is adjacent to Carey Road, Unit 1A, from Wilbarger Street to Berry Street, appeared before the City Council and expressed opposition to the assessment paving of Carey Road, Unit 1A, from Wilbarger Street to Berry Street, by any means other than with tax money. Minutes of City Council 0-3 Page 9 10 TUESD1990AY. JANUARY Mr. Don Morris re Mr. Don Morris, 1625 Bellechase, Granbury, Texas, appeared before the City Council M&C G-8372 and expressed opposition to the assessment paving of Carey Road, Unit 1A, from Wilbarger Street to East Berry. Council Member McCray made a motion, seconded by Council Member Zapata, that the benefit hearing for the assessment paving of Carey Road, Unit IA, Wilbarger Street to East Berry Street, be continued for two weeks and, when the motion was put to a vote by the Mayor, it prevailed unanimously. It appearing to the City Council that Ordinance No. 10475 was adopted on December 19, 1989, setting today as the date for benefit hearing in connection with assessment paving of 34th Street from Ross Avenue to North Main Street and that notice of the hearing has been given by publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, Texas, on December 22, 25, and 26, 1989, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Lunday, representing the Department of Transportation and Public Works, appeared before the City Council and called attention of the City Council to Mayor and Council Communication No. G-8425, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF 34TH STREET FROM ROSS AVENUE TO N. MAIN STREET (PROJECT NO. 67-040197-00) RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abutting property is specially benefited in enhanced value in excess of the amount assessed for the improvements of 34th Street from Ross Avenue to N. Main Street. DISCUSSION: The 1986-88 Capital Improvement Program approved in March, 1986, included funds for the improvement of 34th Street from Ross Avenue to N. Main Street. This street is located in the Far Northside Target Area, and Community Development Block Grant funds will finance 30 percent of the construction cost. On December 19, 1989 (M&C C-12062), the City Council awarded the construction contract for this project and established January 16, 1990, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. This project is located in Council District 2. PROPOSED IMPROVEMENTS: It is proposed to improve this segment of 34th Street by constructing six-inch thick reinforced concrete pavement with seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade so that the finished roadway will be thirty feet wide on a sixty foot right-of-way. Six-inch thick concrete driveway approaches and four -inch thick concrete sidewalks will be constructed where shown on the plans. ASSESSMENTS: This street has not previously been constructed to City standards, and CDBG funds will provide 30 percent 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 $20,780.38 (13%) for the property owners and $134,365.00 (87%) 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 and re M&C G-8372 submitted his summary of the enhancements by an amount equal to or in excess of the actual cost of the construction of the project for properties adjacent to 34th Street from Ross Avenue to North Main Street. There being no one present desiring to be heard, Council Member Zapata made a motion, seconded by Mayor Pro tempore Gilley, that the hearing be continued for one week. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-8382 re cont. for one There was presented Mayor and Council Communication No. G-8382, dated January 2, month 1990, from the City Manager stating that the 1986-88 Capital Improvement Program approved by the voters March 25, 1986, included $105,000.00 for the City's share of the cost of improving Fairway Drive from High Point to dead end, in Council District 8; and Minutes of City Council 0-3 Page 10 11 TUESDAY JANUARY 16. 1990 M&C G-8382 cont. that, in accordance with the provision of the Assessment Paving Policy, the staff has conducted a poll of the property owners on this street, with the following results: FOR NO RESPONSE AGAINST (FRONT FEET) (FRONT FEET) (FRONT FEET) Fairway Drive 0 (0%) 1350 (50%) 1350 (50%) It also was stated that the 1986-88 CIP provides that, "The Council shall have the right to abandon or modify a project if, in the Council's opinion, conditions materially change so that the project as originally proposed is unwise or unnecessary. In that event, the Council may direct that the bond proceeds be expended for other projects within the voted purpose of the bonds"; and recommending that the City Council approve the deletion of Fairway Drive from High Point to dead end from the 1986-88 Capital Improvement Program and that reallocation of the project funding in the amount of $105,000.00 be authorized to Council District 8, Undesignated Account. Council Member Webber made a motion, seconded by Council Member Chappell, that Mayor and Council Communication No. G-8382 be continued for one month. When the motion was put to a vote by the Mayor, it prevailed unanimously. - M&C G-8397, G-83cont. and cont. On motion of Mayor Pro tempore Gilley, seconded by Council Member Granger, until after l after consideration of Mayor and Council Communication Nos. G-8397, G-8399, and G-8400 were ex- ecutive session continued until after the executive session. M&C G-8403 re requiring fences There was presented Mayor and Council Communication No. G-8403, dated January 9, 1990, from the City Manager stating that members of the City Council directed the City around swimming pools Attorney to draft an ordinance on December 19, 1989, requiring swimming pools in the City of Fort Worth to be surrounded by fences; and recommending that an ordinance be adopted to require fences around swimming pools. Council Member Chappell made a motion, seconded by Council Member Garrison, that Section 7.1C be amended by adding "(1.) such barriers shall comply with provisions of the zoning ordinances and other applicable City codes and ordinances" and "e" dimensions of openings to the modifications that may be approved by building officials, thereby giving the building officials, especially with existing fences, the discretion to determine if there is a danger to the child if it happens to be slightly larger than the four inches prescribed in the rest of the ordinance." Mr. Doren Pulliam M&C G-8403 Mr. Doren Pulliam, representing the National Swimming Pool Association, appeared re before the City Council in support of the swimming pool ordinance and congratulated the City of Fort Worth on being the first city to pass such an ordinance. When the motion, that Mayor and Council Communication No. G-8403, be amended by adding to Section 7.1C that "(1.) such barriers shall comply with provisions of the zoning ordinances and other applicable City codes and ordinances" and "e" dimensions of openings to the modifications that may be approved by building officials, thereby giving the building officials, especially with existing fences, the discretion to determine if there is a danger to the child if it happens to be slightly larger than the four inches prescribed in the rest of the ordinance", was put to a vote by the Mayor, it prevailed unanimously. Introduced an Ordinance Council Member Chappell introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Garrison. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE N0. 10495 10495 AN ORDINANCE AMENDING CHAPTER 7, "BUILDINGS", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY ADDING SECTION 7-1 TO REQUIRE FENCES AROUND SWIMMING POOLS IN THE CITY; SPECIFYING THE MINIMUM HEIGHT AND TYPE OF CONSTRUCTION FOR SUCH FENCES; REQUIRING SELF-CLOSING AND SELF -LATCHING DEVICES ON ALL GATES AND DOORS THAT OPEN DIRECTLY INTO A SWIMMING POOL ENCLOSURE, EXCEPT ON THOSE THAT ACCESS CERTAIN NON -HABITABLE BUILDINGS; PROVIDING FOR COMPLIANCE BY EXISTING AND FUTURE INSTALLATIONS; PROVIDING A PENALTY NOT TO EXCEED $2,000; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; 1 AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Minutes of City Council 0-3 Page 11 12 TUESDAY, JANUARY 16. 1990 rdi nance No. SECTION 4. 0495 cont. 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 Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. &C G-8407 re There was presented Mayor and Council Communication No. G-8407 from the City giving of Will Manager stating that a five-year contract was authorized with the National Cutting ogers Memorial Horse Association for its annual futurity to be held at the Will Rogers Complex for the enter Rental for years 1985-89 on April 23, 1985; that, while the City and the Convention and Visitors 989 National Bureau have met their contractual commitments, the Cutting Horse Heritage Foundation ut ting Horse Fu- was unsuccessful in raising its portion of funds committed to the added awards money; unity that, to meet the 1989 commitment, the final year of this contract period, the Convention and Visitors Bureau has requested that the City waive $50,000.00 in rental and that the CVB will fund the remaining $75,000.00 of the $125,000.00 shortfall; and recommending that the City Council waive $50,000.00 of Will Rogers Memorial Center rental for the 1989 National Cutting Horse Futurity as requested by the Fort Worth Convention and Visitors Bureau. It was the consensus of the City Council that the recommendation be adopted. &C G-8408 re There was presented Mayor and Council Communication No. G-8408 from the City mending Dallas/ Manager recommending that a resolution be adopted amending the Dallas/Fort Worth ort Worth Airport Airport Plan as agreed under terms of the contract and agreement executed April 15, Ian 1968, by both Cities for the addition of property to and the deletion of property from the Airport Master Plan; that the Council authorize an exchange of properties by the Cities of Dallas and Fort Worth, on behalf of the Dallas/Fort Worth International Airport Board, with the State Department of Highways and Public Transportation; with the State Department of Highways and Public Transportation to convey approximately 2.055 acres out of Highway 121 right-of-way, considered surplus to its need, but which is required by the Airport Board to resolve a property conflict with an abutting owner; and the Cities to convey to the State of Texas approximately 2.443 acres for Highway 26, approximately 0.410 acres as a drainage easement and approximately 0.607 acres as a temporary construction easement for Highway 26; and that the City Manager be authorized to execute any instruments necessary to facilitate this transaction. It was the consensus of the City Council that the recommendations be adopted. ntroduced a Mayor Pro tempore Gilley introduced a resolution and made a motion that it be e solu tio n 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: esol uti on No. RESOLUTION NO. 1497 497 WHEREAS, THE Dallas/Fort Worth International Airport Board ("Airport Board") passes Resolution #89-041 (attached) recommending approval of property exchanges between the Cities of Dallas and Fort Worth on behalf of the Airport Board and the State Department of Highways and Public Transportation ("SDHPT"); and WHEREAS, the Airport Board desires the SDHPT to abandon and quitclaim to the Cities a portion of Highway #121 right-of-way, which is surplus to the State's needs for highway purposes; and WHEREAS, the Airport Board requires this surplus area contained within Highway #121 in order to resolve a land dispute with an adjoining land owner; and WHEREAS, the SDHPT desires to acquire from the Cities and the Airport Board property for highway, drainage and temporary working space in connection with the expansion of Highway #26 bordering upon D/FW Airport property, as described in Exhibit "A", attached hereto and made a part hereof; and WHEREAS, the SDHPT has agreed to pay for the majority of the cost of removal and reconstruction of an existing fence along Airport property in connection with the expansion of Highway #26 and to allow the Airport Board a joint right of use of all drainage easements associated therewith; and Minutes of City Council 0-3 Page 12 13 - -- TUESDAY JANUARY 16. 1990 Resolution No. 1491 WHEREAS, the Airport Board has agreed to pay $15,000.00 of the cost of cont. construction of the new fence along Highway #26; and WHEREAS, the 1968 Contract and Agreement between the Cities of Dallas and Fort Worth require that all conveyances of an interest in real property at Dallas/Fort Worth International Airport be authorized and executed by the respective cities; and WHEREAS, it is recommended that the Cities of Dallas and Fort Worth on behalf of the Airport Board convey the proposed Highway #26 property interests to the SDHPT contingent upon receipt of a quitclaim deed from the State of Texas conveying the Highway #121 surplus right-of-way to the Cities; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: SECTION 1. That pursuant to the request of the Airport Board and in accordance with the conditions of this resolution, the City Manager is hereby authorized to execute a Special Warranty Deed conveying fee title in Highway improvements, drainage easements and temporary construction easements to the SDHPT in connection with Highway #26 and described in Exhibit "A", upon receipt of a quitclaim deed conveying the Cities of Dallas and Fort Worth a portion of Highway #121 right-of-way described in Exhibit "B", attached hereto and made a part hereof, and considered surplus to the needs of the SDHPT, all instruments of conveyance to be approved as to form by the City Attorney. SECTION 2. That all costs, including closing costs, to acquire the above referenced real property will be paid by the Airport Board. SECTION 3. That the Dallas/Fort Worth Airport Plan is hereby amended to include the additional property authorized to be acquired by this resolution; and to delete the property to be conveyed; and title to said property or the interest therein to be acquired; following acquisition by the Cities, shall be vested in the Cities subject to the control and jurisdiction of the Airport Board pursuant to the terms of the Contract and Agreement between the Cities, dated and effective April 15, 1968, and applicable provision of the 1968 Regional Airport Concurrent Bond Ordinance. . SECTION 4. That following approval as to form by the two Cities' City Attorneys, the City Manager is authorized to execute the necessary instruments of conveyance to the State of Texas and is authorized to accept for recording, the instrument of conveyance from the State of Texas to the Cities of Dallas and Fort Worth. Minutes of City Council 0-3 Page 13 SECTION 5. That the approvals and authorizations contained in this resolution are contingent upon approval by the Dallas City Council of the joint acquisition and conveyances of the herein described real properties. SECTION 6. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Fort Worth, and it is accordingly so resolved. M&C G-8409 re There was presented Mayor and Council Communication No. G-8409 from the City Southwestern Ex- Manager stating that, each year, the Southwestern Exposition and Livestock Show request position and Live- the temporary closing of the 3200, 3300, and 3400 blocks of Crestline Road; that stock Show and affected City departments have reviewed the 1990 request and do not object to the Annual Stock Show closing, provided that adequate access is reserved for emergencies; that the Council and Rodeo authorized the Southwestern Exposition and Livestock Show to operate the Harley Street parking lot located at the corner of Harley and Montgomery Street on behalf of the City in 1989; that the rates charged are the same as other parking fees charged during the show, with the City to receive 50 percent of the net parking revenue from the Harley Street lot; and recommending that the City Council approve closure of Crestline Road from Harley to Gendy from January 15 through February 5, 1990, as requested by the Southwestern Exposition and Livestock Show for the Annual Stock Show and Rodeo and authorize the Southwestern Exposition and Livestock Show to operate the Harley Street parking lot during the 1990 show. It was the consensus of the City Council that the recommendations be adopted. M&C G-8410 re There was presented Mayor and Council Communication No. G-8410 from the City water main replace Manager recommending that a work authorization be authorized in accordance with AR3-3 ment for the water main replacement in Sargent Avenue from Hampshire Avenue to Hawlet Street, for a total estimated project cost of $56,771.40, with funds available in Field Operations Water Construction Account No. 60-70-04, Index Code 377390. It was the consensus of the City Council that the recommendation be adopted. M&C G-8411 re There was presented Mayor and Council Communication No. G-8411 from the City water main replace Manager recommending that a work authorization be authorized in accordance with AR3-3 me n t for the water main replacement in Blackmoore Avenue from Littlepage Street to Halloran Street for a total estimated project cost of $44,936.76, with funds available in Field Operations Water Construction Account No. 60-70-04, Index Code 377390. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council 0-3 Page 13 14 TUESDAY,_JANUARY 16, 1990 It is recommended that the City Council authorize a fund transfer in the amount of $201,864.51 from Water and Sewer Operating Fund 45, Department 60, Division 90, Section 20, Work Phase 00, to Water Capital Improvement Fund 53, Project No. 017148-00, Emergency Repairs to Water Mains; and authorize the City Manager to make payment for work done by eight contractors during the water main break emergency from December 26 to 29, 1989. It was the consensus of the City Council that the recommendations be adopted. M&C G-8413 re There was presented Mayor and Council Communication No. G-8413 from the City Section 312 Re- Manager, as follows: habilitation Loan Program SUBJECT: SECTION 312 REHABILITATION LOAN PROGRAM FUNDING RECOMMENDATION: It is recommended that the City Council authorize the City Manager to participate in the Section 312 Rehabilitation Loan Program under the guidelines specified below. Funding will occur as available each fiscal year. DISCUSSION: The Fort Worth Regional Office of the U.S. Department of Housing and Urban Development anticipates that funds may be available for the Section 312 Rehabilitation Loan Program for fiscal year 1990 as early as January 1990. Once available, these funds may be obtained by Section 312 participating cities, of which Fort Worth is one, on a first -come -first-served basis. The Housing Division of the Department of Housing and Human Services will be offering this financial incentive to the public. It can be used to rehabilitate single family, multi -family and commercial properties. A summary of the Section 312 Rehabilitation Loan Program requirements are as follows: 1) The loans cannot be used for new construction. Funds can only be used for rehabilitation of an existing property which has one or more deficiencies according to the local building code. Indirect cost will not be applied to this Rehab Loan program since no personnel costs are paid from these funds. 2) 1 Properties located in the Community Development Block Grant (CDBG) Target, the Urban Development Action Grant (UDAG) "Pocket of Poverty", and Urban Homesteading areas are the only ones which are eligible for Section 312 financing. 3) The maximum loan amount is determined by the type of project, ranging from $33,500 for single family properties to $200,000 for multi -family and mixed-use properties. Loans exceeding $200,000 may not be made unless approved by HUD. 4) The term of a loan contract cannot exceed 20 years, or three-fourths of the remaining useful life of the property, whichever is less. 5) The interest rates are either three percent (3%) for owner -occupant one -to -four unit residential properties; or, for all other loans, based on the yield of U.S. Governmental securities of a comparable term. Minutes of City Council 0-3 Page 14 There was presented Mayor and Council Communication No. G-8412 from the City M&C G-8412 re Manager stating that the Water Department started sending its emergency work crews to authorized funds repair numerous water main breaks developing in the distribution system caused by the for emergency re- extremely low temperatures on December 23, 1989; that, due to the large number of pair to water breaks, Water Department crews were overwhelmed and a large backlog developed; that, to mains reduce the backlog as quickly as possible and to restore service to large areas of customers, local prequalified contractors were authorized to perform emergency repairs starting on December 26, 1989; that the backlog of repairs was 198; that the contractors worked three days and repaired 139 breaks including backfilling of the holes and temporary paving repair; and that the contractors have invoiced the Water Department for the actual cost of the work performed based on labor, materials, equipment and 15 percent overhead and profit allowance, as follows: Atkins Bros. Equipment $ 11,212.10 Architectural Utilities 23,290.00 Circle 'C' Construction 51,650.00 L. D. Conatser 43,350.00 Hall -Albert 22,800.00 Larry Jackson 16,000.00 Steed, Inc. 8,437.41 J. D. Vickers 25,125.00 $201,864.51 It is recommended that the City Council authorize a fund transfer in the amount of $201,864.51 from Water and Sewer Operating Fund 45, Department 60, Division 90, Section 20, Work Phase 00, to Water Capital Improvement Fund 53, Project No. 017148-00, Emergency Repairs to Water Mains; and authorize the City Manager to make payment for work done by eight contractors during the water main break emergency from December 26 to 29, 1989. It was the consensus of the City Council that the recommendations be adopted. M&C G-8413 re There was presented Mayor and Council Communication No. G-8413 from the City Section 312 Re- Manager, as follows: habilitation Loan Program SUBJECT: SECTION 312 REHABILITATION LOAN PROGRAM FUNDING RECOMMENDATION: It is recommended that the City Council authorize the City Manager to participate in the Section 312 Rehabilitation Loan Program under the guidelines specified below. Funding will occur as available each fiscal year. DISCUSSION: The Fort Worth Regional Office of the U.S. Department of Housing and Urban Development anticipates that funds may be available for the Section 312 Rehabilitation Loan Program for fiscal year 1990 as early as January 1990. Once available, these funds may be obtained by Section 312 participating cities, of which Fort Worth is one, on a first -come -first-served basis. The Housing Division of the Department of Housing and Human Services will be offering this financial incentive to the public. It can be used to rehabilitate single family, multi -family and commercial properties. A summary of the Section 312 Rehabilitation Loan Program requirements are as follows: 1) The loans cannot be used for new construction. Funds can only be used for rehabilitation of an existing property which has one or more deficiencies according to the local building code. Indirect cost will not be applied to this Rehab Loan program since no personnel costs are paid from these funds. 2) 1 Properties located in the Community Development Block Grant (CDBG) Target, the Urban Development Action Grant (UDAG) "Pocket of Poverty", and Urban Homesteading areas are the only ones which are eligible for Section 312 financing. 3) The maximum loan amount is determined by the type of project, ranging from $33,500 for single family properties to $200,000 for multi -family and mixed-use properties. Loans exceeding $200,000 may not be made unless approved by HUD. 4) The term of a loan contract cannot exceed 20 years, or three-fourths of the remaining useful life of the property, whichever is less. 5) The interest rates are either three percent (3%) for owner -occupant one -to -four unit residential properties; or, for all other loans, based on the yield of U.S. Governmental securities of a comparable term. Minutes of City Council 0-3 Page 14 15 &C G-8413 cont. FINANCING: urnett and Chatites There are no City funds required for this activity. Staff funded by andy Foundation Community Development Block Grant (CDBG) funds will provide assistance to loan applicants as part of their regular duties and responsibilities. Sufficient funds are available in Grant Fund No. 76, Project 206086-18 for the administrative cost. Expenditure will be made from Index Code 500017, regular. salaries. &C G-8413 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. G-8413, be adopted. &C G-8414 re ontract with There was presented Mayor and Council Communication No. G-8414 from the City Citizen Manager stating that Senior Citizen Services of Tarrant County, Inc., has offered enior ervices of Tarrant programs in activity rooms at recreation centers of the Park and Recreation Department ounty, Inc. since 1980; that the organization provides popular programs at Sycamore, Bertha ntroduced an r dina nce Collins, and Diamond Hill Recreation Centers that include lunch and organized activities; that Senior Citizen Services of Tarrant County, Inc., has requested continuation of its programs for an additional one-year period at the current rental fee of $5,388.00; that Senior Citizen Services provides the City with full indemnification and with public liability insurance; and recommending that the City Manager be authorized to execute an agreement permitting part-time use of portions of Sycamore, Bertha Collins, and Diamond Hill Recreation Centers by Senior Citizens Services of Tarrant County, Inc., for a period of one year for a total fee of $5,388.00. It was the consensus of the City Council that the recommendation be adopted. &C G-8415 re if t from Anne There was presented Mayor and Council Communication No. G-8415 from the City urnett and Chatites Manager stating that the Trustees of the Anne Burnett and Charles Tandy Foundation have andy Foundation authorized a gift to the Park and Recreation Department in the amount of $164,330.00 for the total estimated direct cost of Burnett Park operation, maintenance, and seasonal color plantings for a one-year period; and recommending that the City Council accept a gift in the Special Trust Fund 72, Project No. 502112-00, Burnett Park Improvements, from the Anne Burnett and Charles Tandy Foundation in the amount of $164,330.00 to pay the City for direct costs of Burnett Park operation, maintenance, and seasonal color plantings for a period of one year and adopt an appropriations ordinance increasing estimated receipts and appropriations by $164,330.00 in Special Trust Fund 72, Project No. 502112-00, Burnett Park Improvements, from increased revenues. On motion of Council Member Webber, seconded by Council Member Zapata, the recommendations were adopted. ntroduced an r dina nce Council Member Webber introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Zapata. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, Webber, and Chappell rdinance No. 0496 NOES: None ABSENT: None The ordinance, as adopted, is as follows: ORDINANCE NO. 10496 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE SPECIAL TRUST FUND, FUND 72, PROJECT NO. 502112-00, BURNETT PARK IMPROVEMENTS, OF THE CITY OF FORT WORTH FOR THE FISCAL YEAR 1989-90 BY THE SUM OF $164,330 AND APPROPRIATING SAID $164,330 TO THE SPECIAL TRUST FUND, FUND 72, PROJECT NO. 502112-00, BURNETT PARK IMPROVEMENTS, FOR THE PURPOSE OF OPERATION, MAINTENANCE, AND IMPROVEMENTS OF BURNETT PARK; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. &C G-8416 reG-8416 from the City ift from McDonnell There was presented Mayor and Council Communication No. raining System, Manager stating that the McDonnell Douglas Foundation has matched the contribution from nc. the employees of McDonnell Douglas Training Systems, Inc., to the Fort Worth Zoo; that they request these funds be designated for use by the Zoo Veterinarian; and recommending that the City Council accept a gift of $1,000.00 from McDonnell Douglas Training Systems, Inc., in the Special Trust Fund 72, Project No. 502102-11, Zoo Veterinarian, for the purpose of purchasing supplies and equipment for the Fort Worth Zoo Veterinarian and adopt an appropriations ordinance increasing estimated receipts Minutes of City Council 0-3 Page 15 to TUESDAY, JANUARY 16, 1990 &C G-8416 cont. and appropriations in the Special Trust Fund 72, Project No. 502102-11, Zoo Veterinarian, by $1,000.00 from increased revenues. On motion of Mayor Pro tempore Gilley, seconded by Council Member Garrison, the recommendations wereadopted. ntroduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be rdinance adopted. The motion was seconded by Council Member Garrison. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: rdi nance No. ORDINANCE NO. 10497 0497 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE SPECIAL TRUST FUND, FUND 72, PROJECT NO. 502102-11, ZOO VETERINARIAN, OF THE CITY OF FORT WORTH FOR THE FISCAL YEAR 1989-90 BY THE SUM OF $1,000 AND APPROPRIATING SAID $1,000 TO THE SPECIAL TRUST FUND, FUND 72, PROJECT NO. 502102-11, ZOO VETERINARIAN, FOR THE PURPOSE OF PURCHASING SUPPLIES AND EQUIPMENT FOR THE FORT WORTH ZOO VETERINARIAN; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. On motion of Council Member Chappell, seconded by Council Member McCray, consideration of Mayor and Council Communication No. G-8417 was continued until after the executive session. &C G-8418 re There was presented Mayor and Council Communication No. G-8418 from the City ppoi ntment of Manager recommending that the City Council confirm his appointment of Robert F. Riley obert F. Riley to to the Mechanical Board of Appeals, Place 6, to a term of office expiring October 1, echanical Board of 1990. On motion of Mayor Pro tempore Gilley, seconded by Council Member Chappell, the ppeal s recommendation was adopted. &C G-8419 re There was presented Mayor and Council Communication No. G-8419 from the City pp t. of Gary L. Manager recommending that the City Council approve, confirm, and ratify his appointment reer, Harry Warre ,of Gary L. Freer to Place 1, Harry Warren to Place 5, and Joe T. Romine to Place 6 on nd Joe t. Romine the Board of Plumbers, with a term of office expiring October 1, 1991, on Messrs. Freer o Board of Plumbe sand Warren, and October 1, 1990, on Mr. Romine. Mayor Pro tempore Gilley made a motion, seconded by Council Member Zapata, that Mayor and Council Communication No. G-8419 be continued until receipt of clarification of the spelling of Gary Freer or Gary Greer. When the motion was put to a vote by the Mayor, it prevailed unanimously. &C G-8420 re There was presented Mayor and Council Communication No. G-8420 from the City aving of Calmont Manager stating that the 1986-88 Capital Improvement Program approved in March 1986 venue from La included funds for the improvement of Calmont Avenue from La Palma Drive to Las Vegas rive to Las Vegas Trail; that the engineering staff has determined that only the street pavement and some rail deteriorated sidewalks are in need of replacement; submitting the City Engineer's estimate of cost for a total estimated cost of $146,459.50; and recommending that the City Council: 1. Declare the necessity for and order the improvements to Calmont Avenue, from La Palma Drive to Las Vegas Trail; 2. Authorize the assessment of a portion of the cost of the improvements to Calmont Avenue against the owners of the abutting property; 3. Approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate; 4. Establish February 13, 1990, as the date of the benefit hearing; and 5. Authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes. &C G-8419 adopted On motion of Council Member Garrison, seconded by Mayor Pro tempore Gilley, the recommendations were adopted. Minutes of City Council 0-3 Page 16 17 TUESDAY. JANUARY 16._1990 &C G-8421 re There was presented Mayor and Council Communication No. G-8421 from the City aving of Weiler lvd. from Norma Manager stating that the 1986-88 Capital Improvement Program approved in March 1986, t. to Meadowbrook included funds for the improvement of Weiler Boulevard from Norma Street to Meadowbrook Drive, which is located in Council District No. 4; that the City Engineer's estimate of cost of the project is $127,380.00; that, in accordance with the provisions of Article 1105b Vernon's Annotated Civil Statutes, it is proposed that the City Council declare the necessity for the project, approve the estimates of cost, conduct a benefit hearing, and levy assessments for the project; and recommending that the City Council: 1. Declare the necessity for and order the improvement to Weiler Boulevard from Norma Street to Meadowbrook Drive; 2. Authorize the assessment of a portion of the cost of the improvements to Weiler Boulevard against the owners of the abutting property; 3. Approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate. 4. Establish February 13, 1990, as the date of the benefit hearing; and 5'. Authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes. C G-8421 adopted On motion of Council Member Granger, seconded by Mayor Pro tempore Gilley, the recommendations were adopted. &C G-8422 re aving of Bryant There was presented Mayor and Council Communication No. G-8422 from the City rvin Road from 292 Manager stating that the 1986-88 Capital Improvement Program approved in March 1986 et north of included funds for the improvement of Bryant Irvin Road from Bellaire Drive South to e el norire Drive the Trinity River; that this project consist of the southbound lane only; that the outh to Trinity northbound lane was completed under a previous project; that turn lanes and median iver costs will be prepaid in the amount of $30,250.00 in accordance with the Community Facilities Agreement No. 15940; that the project is located in Council District 3; that the City Engineer's total estimated cost of the project is $638,501.60; and recommending that the City Council: 1. Declare the necessity for and order the improvements to Bryant Irvin Road from 292 feet North of Bellaire Drive South to the Trinity River; 2. Authorize the assessment of a portion of the cost of the improvements to Bryant Irvin Road against the owners of the abutting property; 3. Approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate; 4. Establish February 13, 1990, as the date of the benefit hearing; and Minutes of City Council 0-3 Page 17 5. Authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes. &C G-8422 adopted On motion of Council Member Garrison, seconded by Mayor Pro tempore Gilley, the recommendations were adopted. &C G-8423 re There was presented Mayor and Council Communication No. G-8423 from the City aving of Meadow- Manager stating that the 1986-88 Capital Improvement Program approved in March 1986 rook Drive from included funds for the improvement of Meadowbrook Drive from Watson to East IH Loop 820 atson Road to and Weiler Boulevard, located in Council District No. 4; that the City Engineer's mily Drive from estimate of cost for the project is $1,544,466.00; and recommending that the City aryel Drive to Council: ast Loop 820 1. Declare the necessity for and order the improvements to Meadowbrook Drive from Watson Road to Emily Drive and from Maryel Drive to East Loop 820; 2. Authorize the assessment of a portion of the cost of the improvements to Meadowbrook Drive against the owners of the abutting property; 3. Approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate; 4. Establish February 13, 1990, as the date of the benefit hearing; and 5. Authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes. &C G-8423 adopted On motion of Council Member Granger, seconded by Mayor Pro tempore Gilley, the recommendations were adopted. &C G-8424 re aving of East 1st/ There was presented Mayor and Council Communication No. G-8424 from the City th"Street from Manager stating that the 1986-88 Capital Improvement Program approved in March 1986 . iverside Drive to included funds for the improvement of East 1st/4th Street from Riverside Drive to Beach each Street Minutes of City Council 0-3 Page 17 M Street; that the City Council approved State Department of Highway and Public &C G-8424 cont. Transportation's Minute Order No. 8116900025 on October 25, 1983, providing for the construction of East 1st/4th Street from Riverside Drive to Beach Street; that, under the terms of the Minute Order, the City agreed to furnish all required right-of-way clear of obstruction with acquisition procedures in accordance with the applicable Federal and State laws governing the acquisition policies for acquiring real property, to provide for the adjustment of utilities as required, and to provide for the construction of continuous curbs and gutters, storm sewers, driveways and sidewalks, all as required and all in accordance with governing policies and regulations of the State Department of Highways and Public Transportation for a fixed amount of $363,029.35, not to be adjusted to actual bid prices; that the project is located in Council District 8; and recommending that the City Council: 1. Approve the following bond fund transfer: FROM TO AMOUNT . REASON 94-009905-00 67-023144-00 $76,956.45 To move property Special Assessments East 1st/4th owners' share of Unspecified Street cost from Revolv- ing Fund to Pro- ject Account. 2. Declare the necessity for and order the improvements to East 1st/4th Street from Riverside Drive to Beach Street; 3. Authorize the assessment of a portion of the cost of the improvements to East 1st/4th Street against the owners of the abutting property; 4. Approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate; 5. Establish February 13, 1990, as the date of the benefit hearing; and 6. Authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes. &C G-8424 adopted On motion of Mayor Pro tempore Gilley, seconded by Council Member Zapata, the recommendations were adopted. &C G-8426 re There was presented Mayor and Council Communication No. G-8426 from the City ubmission of Manager, as follows: .rant to the SUBJECT: NONPOINT SOURCE MANAGEMENT PROGRAM ... TWC GRANT exas Water Comm- ssi on RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Submit the grant application to the Texas Water Commission (TWC) to be utilized from March, 1990 - March, 1993 using funds in the amount of $90,000 (60%) plus $60,000 (40%) as the City of Fort Worth required cash match; 2. Accept and execute a contract, if offered, with TWC as outlined above; 3. Authorize the Accounting Division to assign the grant number and establish the grant project account in the City of Fort Worth accounting system upon receipt of contract; 4. Approve the utilization of $60,000 from the following designated monies: $25,000 from the Water Department (41.66%); $25,000 (41.66%) from the Health Department; and $10,000 (16.67%) from Non -Departmental Funds to be transferred to Project Fund 76, Nonpoint Source Management Program as the City's required match; 5. Accept additional funds from TWC as may 'become available for supplemental projects (see attached) in the amount of $16,393 (60%) TWC plus $10,928 (40%) as the City's required match;. 6. If additional funds are made available from the TWC, the 40% required match from the City of Fort Worth will be provided through an in-kind match from the Health Department; and 'i 7. Confirm that indirect cost does not apply because any added staff personnel will be temporary employees. - DISCUSSION: Since the revision of the Clean Water Act in 1977 by Congress, most major point sources of water pollution in the United States have been identified and controlled. Nonpoint source (NPS) pollution is now considered the most significant pollutant contributor, by some estimates as much as 80%, to Minutes of City Council 0-3 Page 18 wc -TUESDAY. JANUARY 16. 1990 &C G-8426 cont. surface water (lakes, river, streams and estuaries). Nonpoint sources also degrade the quality of groundwater. For the most part, these unknown or nonpoint sources of pollution have been and continue to be ignored because they cannot be easily identified, evaluated or monitored. In 1987, Congress amended the Clean Water Act and placed special emphasis on nonpoint source pollution and thus, set forth Environmental Protection Agency's (EPA's) commitment to a nonpoint source program. On November 9, 1989, the President signed an appropriation bill which included $40 million for grants to implement nonpoint source management programs in FY 90 under section 319 of the Clean Water Act. Congress has also urged that the programs be implemented as rapidly as possible. To accomplish this, the grant proposals were due at TWC, January 9, 1990. The complete Texas package is due at EPA January 16, 1990. To accommodate the time needed for our City's communication and review process prior to submittal of grant applications, TWC has agreed to hand -carry Fort Worth's application, pending final approval by City Council to EPA on January 16, 1990. Funds are to be awarded March 1, 1990. PROPOSAL: This proposal will combine joint funding from TWC and the City of Fort Worth over a three (3) year period. Activities to be addressed by this joint program effort are described below: 1. Water quality monitoring -- rapid assessment during dry weather (static) 'conditions by comparing three different techniques of monitoring. 2. Aggressive methods used to locate sewage in waterways will be compared with the results of relying upon citizen complaints and those referred from other agency sources. This will be accomplished by working with the Water and Transportation/Public Works Departments. 3. The development and presentation of a nonpoint source classroom program for primary and secondary schools. 4. Development of international "No Dumping" logo stencil for information/ warning message for curb inlets. 5. Purchase of mobile response vehicle. The proposed budget will enable the nonpoint source pollution projects to be accomplished. City staff will evaluate control measures and education efforts. Additionally, City efforts expended on these projects will be used to demonstrate management effort progress in the EPA's National Pollutant Discharge Elimination System (NPDES) permit which will be required of all cities with more than 100,000 population. PROPOSED BUDGET: $90,000.00 $60,000.00 $150,000.00 FINANCING: Funds will be provided from Water Department Fund 58, Project No. 017107-00, Special Project; Health Department 50-30-04, Environmental Quality Services; and Non -Departmental 90-55-00, Consultant Fees. Upon completion of the transfer in recommendation four (4), sufficient funds will be available in Grant Fund 76 for the Nonpoint Source Management Program. Expenditures will be made from Index Codes 658328, 299255 and 328088. TWC C;ty Total Salaries $74,014.80 $49,343.20 $123,358.00 Workman's Comp 2,161.23 1,404.82 3,602.05 Supplies 2,407.80 1,605.20 4,013.00 Capital Outlay 1,500.00 1,000.00 2,500.00 Equipment Maintenance 1,440.00 960.00 2,400.00 Travel 1,206.00 804.00 2,010.00 Other Contractual 7,270.17 4,846.78 12,116.95 $90,000.00 $60,000.00 $150,000.00 FINANCING: Funds will be provided from Water Department Fund 58, Project No. 017107-00, Special Project; Health Department 50-30-04, Environmental Quality Services; and Non -Departmental 90-55-00, Consultant Fees. Upon completion of the transfer in recommendation four (4), sufficient funds will be available in Grant Fund 76 for the Nonpoint Source Management Program. Expenditures will be made from Index Codes 658328, 299255 and 328088. Minutes of City Council 0-3 Page 19 On motion of Mayor Pro tempore Gilley, seconded by Council Member Garrison, the M&C G-8426 adopted recommendations, as contained in Mayor and Council Communication No. G-8426, were adopted. M&C P-3955 re i There was presented Mayor and Council Communication No. P-3955 from the City purchase of one Manager submitting a tabulation of bids received for the purchase of one ion ion chromatograph chromatograph for the Water Department; stating that funds are available in Water and Sewer Operating Fund 45, Account No. 60-30-01, Index Code 380345; and recommending that the purchase be made from Waters, a division of Millipore Corporation, on low bid, meeting specifications, of $97,845.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council 0-3 Page 19 20 &C P-3956 re There was presented Mayor and Council Communication No. P-3956 from the City urchase of asphalt Manager submitting a tabulation of bids received for a purchase agreement to provide rack sealer asphalt crack sealer for the Transportation and Public Works Department; stating that lectric Company budgeted funds are sufficient to cover the anticipated expenditure by each department participating in the agreement; and recommending that a purchase agreement be authorized with Molecular Chemical System on its low bid of $0.23 per pound, with the term of agreement to begin date of authorization by Council and end one year later. It was the consensus of the City Council that the recommendations be adopted. &C P-3957 re expenditure by each department participating in the agreement; and recommending that urchase of 9 de- There was presented Mayor and Council Communication No. P-3957 from the City Alk tpfistraction Manager submitting a tabulation of bids received for the purchase of sidewalk ervice construction service for the Transportation and Public Works Department; stating that funds are available in General Fund 01, Account No. 20-50-02, Index Code 234401; and recommending that the purchase be made from Thornton Asphalt Paving in the amount of $19,331.00 net, f.o.b. Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. &C P-3958 re I There was presented Mayor and Council Communication No. P-3958 from the City urchase of 300 Manager submitting a tabulation of bids received for the purchase of 300 fire hydrants ire hydrants for the Water Department; stating that purchases will be charged to Water and Sewer Operating Fund 45, Inventory Subsidiary Account No. 141-000279; and recommending that the purchase be made from Mueller Company on its low bid of $116,400.00, less two percent 30 days for a total amount of $114,072.00 f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. &C P-3959 re There was presented Mayor and Council Communication No. P-3959 from the City urchase agreement Manager stating that the City Council authorized a purchase agreement with B & L ith B & L Central Central Electric Company on April 26, 1988, by Mayor and Council Communication lectric Company No. P-2608 for repair servicesof overhead cranes and hoists; that the agreement period was for one year beginning April 27, 1988, with option to renew for two additional years; that the first option was exercised February 21, 1989, and B & L Central Electric Company has performed well and staff has requested that the second option to renew be exercised; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in the agreement; and recommending that the City Council exercise the second option to renew the purchase agreement with B & L Central Electric Company to furnish repair services on overhead cranes and hoists for one additional year on bid of labor at $20.50 per hour and parts at list price, less five percent for all City departments. It was the consensus of the City Council that the recommendations be adopted. &C P-3960 re There was presented Mayor and Council Communication No. P-3960 from the City urchase of 12 Manager submitting a quotation received for the purchase of 12 sonic level sensors and onic level sensors controllers for the Water Department; stating that funds are available in Water and nd controllers Sewer Operating Fund 45, Account No. 70-50-02, Index Code 384651; and recommending that the purchase be made from Milltronics, Inc., c/o Newberry & Associates for an amount not to exceed $22,715.00 net, f.o.b. Milwaukee, Wisconsin. It was the consensus of the City Council that the recommendation be adopted. &C P-3961 re There was presented Mayor and Council Communication No. P-3961 from the City urchase agreement Manager stating that a purchase agreement with U.E.C. Equipment Company was authorized i th U. E.C. Equip- on March 7, 1989, by Mayor and Council Communication No. P-3287 to furnish OEM Lift ent Company All, Hi -Ranger, Reach All, Mobark, and Dunham replacement parts; that the agreement period was for one year with option to renew for one additional year; that Equipment Services Division has requested that the option to renew be exercised; stating that purchases will be charged to Equipment Services Fund 61, Subsidiary Inventory Account No. 141-000270; and recommending that the City Council exercise option to renew the purchase agreement with U.E.C. Equipment Company to furnish genuine Lift All, Hi -Ranger, Reach All, Mobark, and Dunham parts to the City Services Department for one additional year for bid of dealer's list price, with the new agreement period to begin March 3, 1990, and expire one year later. It was the consensus of the City Council that the recommendations be adopted. &C P-3962 re There was presented Mayor and Council Communication No. P-3962 from the City urchase of con- Manager stating that the Fire Department require the upgrade of 25 trucks with the er to-coms hard- convert er-coms; that this conversion allows the handheld radio to function as a normal adehar vehicle mobile unit while retaining the portability of a handheld unit; that funds are available in General Fund 01, Account No. 36-30-00, Index Code 276469; and recommending that the purchase of converta-coms and hardware for Information Systems and Services Department from sole source, General Electric Corporation, in the amount of $6,397.50 net, f.o.b. Fort Worth, be authorized. It was the consensus of the City Council that the recommendation be adopted. &C P-3963 re There was presented Mayor and Council Communication No. P-3963 from the City urchase of control Manager submitting a tabulation of bids received for the out -right purchase of control ccess cash sy- access cash systems for the Park and Recreation Department; stating that funds are terns available in Golf Course Fund 39, Account Nos. 80-41-20, 80-42-20, 80-43-20, 80-44-20, and 80-45-20, Index Codes 331926, 336388, 333153, 333518, and 337790, respectively; and recommending that the purchase be made from Hussman Refrigeration, Inc., for its low bid of $8,575.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. &C P-3964 re There was presented Mayor and Council Communication No. P-3964 from the City urchase agreement Manager stating that a one-year purchase agreement, with option for renewal, to provide or janitorial janitorial services for the Transportation and Public Works Department was authorized ervices Minutes of City Council 0-3 Page 20 21 TUESDAY JANUARY 16, 1990 M&C P-3964 cont. with Acosta Cleaning Services on February 7, 1989; that the agreement will be used to provide janitorial services at Police Administration Building, 350 West Belknap; that the agreement requires the vendor to provide all paper products and cleaning supplies, as well as labor, to perform the janitorial services; stating that funds are available in General Fund 01, Account No. 20-50-01, Index Code 233924; and recommending that the City Council be authorized to exercise the option to renew the purchase agreement to provide janitorial services with Acosta Cleaning Services for the Transportation and Public Works Department on bid of $10,833.00 per month, $129,996.00 annually, with an effective date to begin on February 7, 1990, and end on February 6, 1991. It was the consensus of the City Council that the recommendations be adopted. M&C P-3965 re There was presented Mayor and Council Communication No. P-3965 from the City purchase of one Manager submitting a tabulation of bids received for the purchase of one motor grader motor grader for the Transportation and Public Works Department; stating that funds are available in General Fund 01, Account No. 20-80-02, Index Code 239046; and recommending that the purchase be made from AIS Continental on its low bid meeting City specifications of $76,300.00 net, f.o.b. Fort Worth. On motion of Council Member Garrison, seconded by Mayor Pro tempore Gilley, the recommendation was adopted. M&C P-3966 re There was presented Mayor and Council Communication No. P-3966 from the City purchase agreement Manager stating that a one-year purchase agreement was authorized on August 22, 1989, with Lectric Lites by Mayor and Council Communication No. P-3639 with Robertson Fleet Equipment to furnish Company strobe lights, tubes, and lens for the City Services Department; that Robertson Fleet Equipment has notified the City that manufacturer no longer provides them with these items, therefore, requesting cancellation without penalty; that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in the agreement; and recommending that the City Council authorize cancellation of the contract with Robertson Fleet Equipment, Inc., to furnish strobe lights, lenses, and xenon tubes for the City Services Department on low bid of unit of prices; authorize purchase agreement with one-year option to renew to furnish strobe lights, lenses, and xenon tubes for City Services Department with Lectric Lites Company on low overall bid of unit price; and authorize the term of the agreement to begin upon date of approval and terminate one year later. Mr. Ben Allen re Mr. Ben Allen, Purchasing Manager, appeared before the City Council and advised M&C P-3966 the City Council that there was a five to ten percent increase of the total amount bid between Lectric Lites Company and the contract that was cancelled with Robertson Fleet Equipment, Inc. Council Member Zapata made a motion, seconded by Mayor Pro tempore Gilley, that the recommendations, as contained in Mayor and Council Communication No. P-3966, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C P-3967 re There was presented Mayor and Council Communication No. P-3967 from the City 30 day extension Manager, as follows: at 1721 Alston SUBJECT: DEMOLITION OF SUBSTANDARD STRUCTURES AT 30 LOCATIONS BY MULTIPLE VENDORS FOR CITY SERVICES DEPARTMENT RECOMMENDATION: It is recommended that the City Council: 1. Confirm that each structure listed herein is substandard and a nuisance; 2. Authorize contracts for demolition of structures for the City Services Department on the low bid per unit basis as follows: 1) Joe Adams & Son, Inc. $ 5,750.00 Units 3, 4, 6, 14, 16 2) E.D. Briggs DBA $16,888.00 Briggs and Son Wrecking Co. Units 2, 7, 8, 10, 12, 13, 15, 16, 17, 18, 20, 21, 22, 23, 27, 28, 30 3) West Excavation Contractors $ 3,374.00 Units 19, 24, 29 4) Berry Street Service Co., DBA $ 1,900.00 Sims Excavation Company Unit 5 5) Crest Investments DBA $ 1,075.00 Dynomite Demolition Unit 9 6) Cast lots to determine the $ 1,150.00 award of Unit 25 in the amount of $1,150.00 in the tie bid between Midwest Wrecking Company of Texas and Crest Investments dba Dynomite Demolition. Minutes of City Council 0-3 Page 21 22 TUESDAY, JANUARY 16, 1990 M&C P-3967 cont. 7) Authorize rejection of bids Demolitions submitted for Unit 1 and Unit 11. Total amount not to exceed $30,137.00 f.o.b., Fort Worth, Texas. 3. Authorize a lien be filed against each property to cover the cost of demolition and administration. UNIT DESCRIPTION: 1. 1413 Baurline Street 2. 821 West Daggett Street 3. 713 Grainger Street 4. 809 Galveston Avenue and rear 5. 1320 Alston Avenue and rear 6. 1629 South Henderson Street 7. 1721 Alston Avenue 8. 3601 South Main Street 9. 4025 Stanley Avenue 10. 4366 Hemphill Street 11. 1201-05 East Daggett Street 12. 1116 East Broadway Avenue and rear 13. 851 East Magnolia Avenue 14. 927 East Magnolia Avenue and rear 15. 1433 East Elmwood Avenue and rear 16. 1469 East Elmwood Avenue 17. 1242 East Powell Avenue 18. 1236 East Richmond Avenue 19. 2011 Avenue C and rear 20. 4317 Littlejohn Avenue 21. 1704 Liberty Street 22. 4925 Ramey Street 23. 3817 Burnice Drive and rear 24. 3848 Burnice Drive and rear 25. 2815 Lee Avenue and rear 26. 2812 Angle Avenue 27. 4833 El Campo and rear 28. 5404 Geddes Avenue 29. 3220 Marquita Drive 30. 1325 South Adams Street BID TABULATION: BIDDERS 1) Joe Adams and Son, Inc. Fort Worth, Texas, 2) E. D. Briggs DBA Briggs and Son Wrecking Co. Fort Worth, Texas 3) West Excavation Contractors Mansfield, Texas 4) Wilbert L. Sugg Fort Worth, Texas 5) Midwest Wrecking Co. of Texas Fort Worth, Texas 6) Berry Street Service, Co. DBA Sims Excavation Co., Inc. Fort Worth, Texas 7) Crest Investments DBA Dynomite Demolition Dallas, Texas 8) Charles McElroy DBA B&M Trucking Kennedale, Texas 9) U.S. Excavation Grapevine, Texas All terms are net and bid tabulation is attached. AMOUNT BID $52,572.00 $52,212.00 $52,249.00 $50,988.00 $51,272.00 $46,535.00 $49,600.00 $57,487.00 $71,070.00 Bid invitations were mailed to thirty prospective bidders and twenty-one vendors did not respond. Bid was advertised in the Fort Worth Star -Telegram on December 14 and December 21, 1989. Minutes of City Council 0-3 Page 22 23 TUESDAY, JANUARY 16, 1990 C P-3967 cont. 11COMMENTS ON SPECIFICATIONS: Specifications required vendor to demolish structure and to remove all debris, trash, unsightly and objectionable matter from the demolition premises to a state licensed or properly permitted landfull site. The bid specifications also provided that each location would be awarded based upon the low bid for that particular location. DISCUSSION: The Minimum Building Standards Code (Chapter 7, Article IV, Fort Worth City Code) provides civil proceedings for the repair or demolition of substandard structures in the City of Fort Worth. The Code Enforcement Division has been unable to obtain Code compliance for the structures listed. The Building Standards Commission has heard each case and has tried to work with the property owners toward rehabilitation, or voluntary removal, but the owners continue to delay abatement of the substandard condition. The Commission has ordered that each of the structures be demolished in accordance with Section 7-122 of the Code of the City of Fort Worth. Final approval by the City Council is now required in order to demolish the structures and remove debris from the lots. Property owners and lienholders have been notified that the Housing Official will recommend that the City Council award demolition contracts during the regular meeting on January 16, 1990. FINANCING: Sufficient funds are available in the General Fund 01, Account No. 21-40-02, City Services, Code Enforcement. This expenditure will be made from Index Code 224964. Ms. Gail Baxter re Ms. Gail Baxter, representing the Code Enforcement Office, appeared before the M&C P-3967 City Council and described the existing conditions of the property at 1629 South Henderson Street and recommended abatement of the nuisance. Mr. Tom Malchow re Mr. Tom Malchow appeared before the City Council and requested that the City M&C P-3967 1629 Council grant an extension of the demolition of property located at 1629 South South henderson Henderson. r. Walt Leonard re Mr. Walt Leonard, representing the owner of property at 4833 El Campo, appeared &C P-3967 before the City Council and requested that a 30 -day extension on the demolition of property located at 4833 El Campo and rear be granted. s. Frances PietersMs. Frances Pieters, Assistant City Attorney, appeared before the City Council and e M&C P-3967 advised the City Council that sufficient legal notice regarding the demolition of property located at 4833 E1 Campo and rear has been given. s. Gail Baxter re i Ms. Gail Baxter, representing the Code Enforcement Office, appeared before the &C P-3967 i City Council and advised the City Council of the difficulty in locating the owner of the property located at 4833 E1 Campo and rear and of numerous citations received and failure to appear in court. Council Member Zapata made a motion, seconded by Council Member Chappell, that the properties described as Units 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 28, 29, and 30 be declared substandard and nuisances and that all other recommendations contained in Mayor and Council Communication No. P-3967 be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Minutes of City Council 0-3 Page 23 Council Member Chappell made a motion, seconded by Mayor Pro tempore Gilley, that the property at 1629 South Henderson Street be declared a nuisance and substandard, that the nuisance be abated, and authorize contracts for demolition. When the motion was put to a vote by the Mayor, it prevailed unanimously. Ms. Gail Baxter re Ms. Gail Baxter, representing the Code Enforcement Office, appeared before the M&C P-3967 1721 City Council and advised the City Council of existing conditions of the property at Alston 1721 Alston Avenue and recommended that a 30 -day extension be granted. Council Member Chappell made a motion, seconded by Council Member Zapata, that the property at 1721 Alston Avenue be granted a 30 -day extension. When the motion was put to a vote by the Mayor, it prevailed unanimously. Ms. Gail Baxter re Ms. Gail Baxter, representing the Code Enforcement Office, appeared before the M&C P-3967 City Council and described the existing conditions of the property located at 4925 Ramey Street 4925 Ramey Street and recommended that demolition proceedings be authorized. Mayor Pro tempore Gilley made a motion, seconded by Council Member Zapata, that the property located at 4925 Ramey Street be declared nuisances and substandard and authorized contract for demolition. When the motion was put to a vote by the Mayor, it prevailed unanimously. Ms. Gail Baxter re Ms. Gail Baxter, representing the Code Enforcement Office, appeared before the M&C P-3967 re City Council and advised the City Council of the existing conditions of the property 4833 E1 Campo located at 4833 E1 Campo and rear and recommended abatement of the nuisance. r. Walt Leonard re Mr. Walt Leonard, representing the owner of property at 4833 El Campo, appeared &C P-3967 before the City Council and requested that a 30 -day extension on the demolition of property located at 4833 El Campo and rear be granted. s. Frances PietersMs. Frances Pieters, Assistant City Attorney, appeared before the City Council and e M&C P-3967 advised the City Council that sufficient legal notice regarding the demolition of property located at 4833 E1 Campo and rear has been given. s. Gail Baxter re i Ms. Gail Baxter, representing the Code Enforcement Office, appeared before the &C P-3967 i City Council and advised the City Council of the difficulty in locating the owner of the property located at 4833 E1 Campo and rear and of numerous citations received and failure to appear in court. Council Member Zapata made a motion, seconded by Council Member Chappell, that the properties described as Units 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 28, 29, and 30 be declared substandard and nuisances and that all other recommendations contained in Mayor and Council Communication No. P-3967 be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Minutes of City Council 0-3 Page 23 24 TUESDAY, JANUARY 16, 1990 M&C P-3967 cont. City Secretary Howard announced that lots are to be cast to determine the award of Unit 25 in the amount of $1,150.00 between Midwest Wrecking Company of Texas and Crest Investments dba Dynomite Demolition and, following the casting of lots, Council Member Zapata made a motion, seconded by Council Member Chappell, that the contract for demolition of Unit 25 be awarded to Crest Investments dba Dynomite Demolition. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C P-3968 re There was presented Mayor and Council Communication No. P-3968 from the City purchase of book- Manager submitting a tabulation of bids received for the purchase of bookbinding binding equipment equipment for the Non -Departmental Reprographics Division; stating that funds are available in Reprographics Fund 63, Account No. 90-13-10, Index Code 226613; and recommending that the purchase be made from Bourg Collators of Texas on its low bid, meeting specifications, of $44,999.00 net, f.o.b. Fort Worth. Mr. Richard Peter- Mr. Richard Peterson, representing A.B. Dick Company, 2100 Southeast Loop 820, son re M&C P-3968 appeared before the City Council and expressed his appreciation to Mr. Ben Allen for allowing him the opportunity to present his case before the City Council and stated that the brochure submitted with the bid did not completely describe the product and that, in his opinion, the penalty for submission of improper brochure should not be one of disqualification and requested that the City Council award the contract to A.B. Dick Company. At this time, Mayor Bolen excused himself from the Council Chamber and Mayor Pro tempore Gilley assumed his chair. Mr. Terry Sinder- Mr. Terry Sinderson, representative of Bourg Collators of Texas, appeared before son re M&C P-3968 the City Council and requested the City Council give favorable consideration to Bourg Collators of Texas for the purchase of bookbinding equipment for the Non -Departmental Reprographics Division. Mr. Ben Allen re Mr. Ben Allen, Purchasing Director, appeared before the City Council and advised M&C P-3968 the City Council that descriptive literature was requested with the bid if there was not any equipment available to view. Mr. Pat Svacina Mr. Pat Svacina, Public Information Officer, appeared before the City Council and re M&C P-3968 advised Council that a machine that processes in one step is needed and that the City is not willing to purchase a piece of equipment without being able to view the machinery. Council Member Chappell made a motion, seconded by Council Member Garrison, that the recommendation, as contained in Mayor and Council Communication No. P-3968, be adopted. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. At this time, Mayor Bolen assumed his chair at the Council table. M&C P-3969 re There was presented Mayor and Council Communication No. P-3969 from the City emergency purchase Manager stating that Certificates of Obligation issued for the purchase of fire fo used pre-manu- apparatus and construction of a fire station to serve Alliance Airport included funds factured structure for the provision of a temporary structure to house fire crews and equipment during the period the airport became operational until a permanent fire station is completed, estimated in October 1991; that provision of quarters at this time is necessary due to the unexpected approval by the Federal Aviation Administration to provide a certificate of operation requiring fire protection during all hours of airport operations; that Ed Vaughn and Associates, architects for the Alliance fire station, and the Fire Chief have reviewed various alternatives for temporary quarters for the Alliance crews and have concluded that the purchase of a used pre -manufactured structure from A-1 Mobile Homes provides the most advantageous option considering current needs and time constraints; that the Department of Transportation and Public Works concurs with the decision and will be responsible for the installation of utilities for the temporary structure; that the purchase only involves the living quarters for the fire crews; that funds are available in Alliance Airport Fund 49, Project No. 011001-00, Index Code 611145; and recommending that the City Council authorize the emergency purchase of used pre -manufactured structure from A-1 Mobile Homes, at a cost of $16,500.00 (including delivery and set-up), to serve as a temporary living quarters for the Fire Department crew assigned to Alliance Airport. On motion of Council Member Garrison, seconded by Council Member Webber, the recommendation was adopted. M&C P-3970 re There was presented Mayor and Council Communication No. P-3970 from the City emergency purchase Manager recommending that the City Council confirm the emergency purchase of goods and of goods and ser- services from various vendors for the Aviation Department, Alliance Airport, on unit vices from various prices, as follows: vendors Commodity or Service Vendor Amount 1. Security Services J&T Security, Inc. $ 9.50/hour Fort Worth, TX 2.. Fuel Services Staci's Jet Center Fort Worth, TX A. Rental of large $1,300.00/month fuel service truck Minutes of City Council 0-3 Page 24 M&C a-3970 cont. TUESDAY, JANUARY 16, 1990 B. Rental of small fuel service truck C. Liability and collision insurance on both trucks D. Service personnel (2 people for a total of 15 hours per day, seven days a week) E. Fuel management fee 3. Portable office building, and furniture Gelco Space Fort Worth, TX $ 850.00/month $7,872.00/one year $ 6.50/hour per man $ 500.00/month A. Building rental $ 750.00/month 1. Delivery and return fee $ 595.00/each way 2. Assembly (setup) $1,650.00 3. Disassembly fee $1,200.00 4. Skirting $ 745.00 5. Modifications $ 489.00 6. Front doors (double glass $1,664.00 store front doors) 7. Porch with steps & railings $ 425.00 8. Carpet, paint & miscellaneous $ 350.00 changes B. Furniture Rental 1. One walnut conference table $ 33.25/month 2. Six executive lowback chairs $ 30.15/ea./mo. 3. Two credenzas $ 39.25/ea./mo. 4. One executive desk $ 42.25/month 5. Three lateral files $ 28.60/ea./mo. 6. Eight guest chairs $ 23.55/ea./mo. 7. One executive lowback chair $ 29.60/month 8. One secretarial desk with return $ 45.55/month 9. Two secretarial chairs $ 20.50/ea./mo. 10. Three end tables $ 12.55/ea./mo. 11. Delivery and setup $ 175.00 12. Pickup charge $ 175.00 25 M&C P-3970 adopted On motion of Council Member Garrison, seconded by Council Member Chappell, the recommendations were adopted. M&C L-9999 re release of four There was presented Mayor and Council Communication No. L-9999 from the City temporary construc Manager stating that Lawyers American Title Company, representing the owner of Block 1, tion easements Fossil Creek Phase II, has requested that the City execute the formal release of four temporary construction easements obtained to allow construction work on Western Center Boulevard; and recommending that the City Manager be authorized to execute a release of four temporary construction easements granted by Hunt Investments to the City of Fort- Worth and recorded in Volume 8049, Page 2159, County Records, Tarrant County, Texas. It was the consensus of the City Council that the recommendation be adopted. M&C L-10000 re There was presented Mayor and Council Communication No. L-10000 from the City acquisition of Manager recommending that the City pay a consideration of $1.00 for a permanent easement easement in Lot 10, Block 42, Westcliff Addition, located at 3871 Lambert, owned by Mary Jane Marshall and Gerald Marshall; and required for the installation of mid -block street lighting. It was the consensus of the City Council that the easement be acquired as recommended and that the expenditure be charged to Index Code 282483. M&C L-10001 re There was presented Mayor and Council Communication No. L-10001 from the City acquisition of Manager, as follows: easements 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: Floodway Easement Dedication - Beach Industrial District Type of Acquisition: Permanent Easement Description of Land: A rectangularly parcel of land out of the east side of Lot 2, Block 1, Beach Industrial District Addition adjacent to the west R.O.W. line of South Beach Street, 60 feet south of Ludelle Street. Square Feet: 9,594 Zoning: "J" Light Industrial Description of Improvements: None Consideration: $1.00 Minutes of City Council 0-3 Page 25 2G TUESDAY, JANUARY 16 1990 M&C L-10001 cont. Location: Beach St. at Ludelle St. Owner: Fort Worth Housing Authority Financing: Sufficient funding is available in Fund 90, New Development, Account No. 095106-00. This expenditure will be made from Index Code 699900. Negotiator: Pam Root 2. Project Name: Dedication of Right -of -Way, Slope Easement, Drainage Easement and Temporary Construction Easement for Harmon Road Type of Acquisition: Dedication of Right -of -Way, Slope Easement, Drainage Easement and Temporary Construction Easement Description of Land: Right -of -Way (Parcel 1) - A rectangularly shaped strip of land approximately 855 feet in length and approximately 52 feet in depth adjacent to portion of the westerly property lines of Tract 2A2, William McCowan Survey, Abstract No. 999, as recorded in Volume 6617, Page 99, Deed Records, Tarrant County, Texas. Slope Easement (Parcel 1A) - A rectangularly shaped strip of land approximately 5 feet in depth and approximately 863 feet in length adjacent to the easterly portion of the above right-of-way. Drainage Easement (Parcel 1B) - A rectangularly shaped strip of land 50 feet in depth and approximately 640 feet in length beginning at the southerly side of above right-of-way and continue in a southeasterly direction. Temporary Construction Easement (Parcel 1C) - A rectangularly shaped strip of land 50 feet in depth and 935 feet in length adjacent to the easterly portion of the above right-of-way. Square Feet: R.O.W. (Parcel 1) - 33,410.53 S.E. (Parcel 1A) - 4,530.24 D.E. (Parcel 1B) - 31,929.48 T.C.E. (Parcel 1C) - 48,308.04 Zoning: Agricultural Parcel No.: 1, 1A, 1B, and 1C Consideration: $1.00 Location: South of Highway No. 287 and East of Blue Mound Road Owner: Ellesmere Investment Corporation, Inc. Financing: Sufficient funds are available in New Development, Fund 90, Project No. 095106-00, Harmon Road/Blue Mound Road to 287. This expenditure will be made from Index Code 699900. Land Agent: Aleeta Hackney 3. Project Name: Sanitary Sewer Replacement Project, Main -73 Type of Acquisition: Dedication Description of Land_: A rectangularly shaped strip of land out of Lot 12, Block 15, Berkeley Addition, as recorded in Volume 8776, Page 940, Deed Records, Tarrant County, Texas. This strip of land is 10.0 feet in depth and lies adjacent to, contiguous with and to the interior side of an existing 3.0 foot utility easement located along the south property line of Lot 12, Block 15. Square Feet: 600 Zoning: "A" Parcel No.: 14 Consideration: $1.00 Location: 2205 Wilshire Boulevard Owner: Lynda L. Bach Minutes of City Council 0-3 Page 26 27 M&C L-10001 cont. Financing: Sufficient funds are available in Sewer Capital Improvements, Fund 58, Project No. 017181-00, Replacement of Main 73. This expenditure will be made from Index Code 698787. DISCUSSION: The Department of Law has prepared a contract, signed by an authorized officer of Hertz, containing the following terms and conditions: 1. The initial term of the contract shall be for one year beginning November 1, 1989 and ending October 31, 1990. 2. Lessee shall have three options to extend this lease: Option 1 - term of one year -November 1, 1990 to October 31, 1991. Option 2 - term of one year -November 1, 1991 to October 31, 1992. Option 3 - term of three years -November 1, 1992 to October 31, 1995. Each extension option shall be exercised by a written notice from Hertz to the City at least 60 days prior to expiration of the .then -current term of lease. 3. Office space leased to Hertz is a ground -level store at 917 Taylor Street containing approximately 800 square feet. Initial rental shall be $600 per month, adjusted as follows: Option I & II - $660 monthly Option III - $694 monthly 4. In addition to office rental fees, during the initial one-year term Hertz shall pay to the City a concession fee consisting of 8% of the net time and mileage charges received on car rentals executed at the garage. The City retains the right to audit the books and records of the lessee to verify the accuracy of concession fee payments. Adjustments to the concession percentage shall be as follows: Option I - 8% Option II - 8-1/4% Option III 8-1/2% 5. Hertz shall lease parking spaces within the garage consisting of six contiguous spaces on level 1-A at $40 per space monthly and 15 Minutes of City Council 0-3 Page 27 Land Agent: Jerry Chalker M&C L-10001 adopteil It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. L-10001, be adopted. M&C C-12094 re There was presented Mayor and Council Communication No. C-12094 from the City amend contract Manager stating that a contract with Day & Zimmermann, Inc., was authorized on with Day & Zimmer- December 13, 1988, by Mayor and Council Communication No. C-11363 for construction mann, Inc. inspection and engineering support services for Phase II paving and lighting construction at Fort Worth Alliance Airport; that, during the construction of Phase II, there has been an unusually high number of proposed change orders, extensive review of shop drawings, approval of materials, and requests for information due to numerous changes and improvements in the original design; that additional work now is required for construction inspection and engineering support services as a result of the added review, evaluation, and inspection for lighting and electrical charges; that a new contract is being awarded for construction of the perimeter road around the airport in addition to the contract amendment that extended the length of the runway and taxiways; that this additional professional work and services are needed to adequately monitor construction activities resulting in a fee increase of $118,741.00 with a revised maximum fee of $829,571.00; that funds are available in Grant Fund 76, Project No. 218600-06, Project No. 218603-03, Project No. 218600-05, and Project No. 218600-06, Index Code 400390; and recommending that the City Manager be authorized to execute an amendment to Contract No. 16825 with Day & Zimmermann, Inc., increasing the maximum not -to -exceed amount by $118,741.00 for a total fee of $829,571.00 for construction inspection and engineering support services for Phase II, paving and lighting construction at Fort Worth Alliance Airport. It was the consensus of the City Council that the recommendation be adopted. M&C C-12095 re There was presented Mayor and Council Communication No. C-12095 from the City contract extension Manager, as follows: with Hertz Corp. SUBJECT: APPROVAL OF CONTRACT EXTENSION WITH THE HERTZ CORPORATION RECOMMENDATION: It is recommended that City Council approve a contract to extend an agreement with the Hertz Corporation to lease office and parking space in the Municipal Parking Garage for its car rental operation. DISCUSSION: The Department of Law has prepared a contract, signed by an authorized officer of Hertz, containing the following terms and conditions: 1. The initial term of the contract shall be for one year beginning November 1, 1989 and ending October 31, 1990. 2. Lessee shall have three options to extend this lease: Option 1 - term of one year -November 1, 1990 to October 31, 1991. Option 2 - term of one year -November 1, 1991 to October 31, 1992. Option 3 - term of three years -November 1, 1992 to October 31, 1995. Each extension option shall be exercised by a written notice from Hertz to the City at least 60 days prior to expiration of the .then -current term of lease. 3. Office space leased to Hertz is a ground -level store at 917 Taylor Street containing approximately 800 square feet. Initial rental shall be $600 per month, adjusted as follows: Option I & II - $660 monthly Option III - $694 monthly 4. In addition to office rental fees, during the initial one-year term Hertz shall pay to the City a concession fee consisting of 8% of the net time and mileage charges received on car rentals executed at the garage. The City retains the right to audit the books and records of the lessee to verify the accuracy of concession fee payments. Adjustments to the concession percentage shall be as follows: Option I - 8% Option II - 8-1/4% Option III 8-1/2% 5. Hertz shall lease parking spaces within the garage consisting of six contiguous spaces on level 1-A at $40 per space monthly and 15 Minutes of City Council 0-3 Page 27 28 TUESDAY, JANUARY 16, 1990 M&C C-12095 cont. Il spaces on the roof at $25 p per month. Rate modifications shall be as follows: Option I - Level 1A $45, Roof - $25 Option II & III - Level 1A $45, Roof $30 6. All other aspects of the contract remain unchanged from those existing in prior agreements approved by the City Council. 2. Authorize a fund transfer in the amount of $23,725* from Water and Sewer Operating Fund 45, Account No. 70-90-20 to Sewer Capital Improvement Fund 58, Project No. 022018-00, Sewer Replacement, Martin Avenue; and 3. Authorize the City Manager to execute an engineering agreement with Dunaway Associates, Inc., for plans and specifications for the Water and/or Sanitary Sewer Replacements in Martin Avenue for a total fee not to exceed $41,975. M&C, C-12096 It was the consensus of the City Council that the recommendations be adopted. adopted M&C C-12097 re There was presented Mayor and Council Communication No. C-12097 from the City contract with Manager stating that the Transportation and Public Works Department selected Dunaway Dunaway Associates Associates, Inc., to design the reconstruction of East Berry Street from Miller to inc.• Crouch and Hardeman Street from M.L.K. Freeway to Edgewood Terrace; that it is necessary to replace the existing water main and analyze the condition of the existing sanitary sewer under the proposed street reconstruction; that, in order to advertise the water and sewer replacement with the street reconstruction project, Dunaway Associates, Inc., will provide plans and specifications for Water and/or Sewer Replacements in East Berry Street and Hardeman Street; that the sanitary sewer pipe will be televised to determine if replacement is necessary; that Dunaway Associates, Inc., has proposed to design this project for a fee not to exceed $46,850.00; that staff engineers have reviewed the proposal and found that it is in line with the TSPE curves for projects of this type; that the total estimated construction cost is $417,800.00; and recommending that the City Council: 1. Authorize a bond fund transfer in the amount of $22,600* from Special Assessments Fund 94, Project No. 009905-00, Special Assessments Unspecified to Street Improvements Fund 67, Project No. 019019-00, Water Replacement, East Berry and Hardeman; 2. Authorize a fund transfer in the amount of $26,250* from Water and Sewer Operating Fund 45, Account No. 70-90-20 to Sewer Capital Improvement Fund 58, Project No. 022019-00, Sewer Replacement, East Berry and Hardeman; and 3. Authorize the City Manager to execute an engineering agreement with Dunaway Associates, Inc., for the Water and/or Sanitary Sewer Replacements in East Berry Street and Hardeman Street for a total fee not to exceed $46,850. M&C C-12096 It was the consensus of the City Council that the recommendations be adopted. adopted - M&C C-12098 re There was presented Mayor and Council Communication No. C-12098 from the City contract with Manager stating that the Federal Aviation Administration proposes to enter into an Federal Aviation agreement with the City of Fort Worth for localizer antenna array site, localizer Administration equipment building site, and utility route, together with access road, parking area, and walkway in order to install the air navigation aids for Runway 35L at Fort Worth Minutes of City Council 0-3 Page 28 FINANCING: Revenues received will be posted to Fund 59, Parking Facilities Account No. 16-20-03. M&C C-12095 It was the consensus of the City Council that the recommendation, as contained in Mayor adopted and Council Communication No. C-12095, be adopted. M&C C-12096 re There was presented Mayor and Council Communication No. C-12096 from the City contract with Manager stating that the Transportation and Public Works Department selected Dunaway Dunaway Assocaites,Associates, Inc., to design the reconstruction of Martin Avenue from Wichita to Inc. Shackleford, Trentman to Miller, and Miller to Tahoe; that it is necessary to replace the existing water main and analyze the condition of the existing sanitary sewer under the proposed street reconstruction; that, in order to advertise the water and sewer replacement with the street reconstruction project, Dunaway Associates, Inc., will provide plans and -specifications for Water and/or Sewer Replacements in Martin Avenue; that the sanitary sewer pipe will be televised to determine if replacement is necessary; that Dunaway Associates, Inc., has proposed to design this project for a fee not to exceed $41,975.00; that staff engineers have reviewed the proposal and found that it is in line with the TSPE curves for projects of this type; that the total estimated construction cost is $395,500.00; and recommending that the City Council: 1. Authorize a bond fund transfer in the amount of $20,250* from Special Assessments Fund 94, Project No. 009905-00, Special Assessments Unspecified to Street Improvements Fund 67, Project No. 019018-00, Water Replacement, Martin Avenue; 2. Authorize a fund transfer in the amount of $23,725* from Water and Sewer Operating Fund 45, Account No. 70-90-20 to Sewer Capital Improvement Fund 58, Project No. 022018-00, Sewer Replacement, Martin Avenue; and 3. Authorize the City Manager to execute an engineering agreement with Dunaway Associates, Inc., for plans and specifications for the Water and/or Sanitary Sewer Replacements in Martin Avenue for a total fee not to exceed $41,975. M&C, C-12096 It was the consensus of the City Council that the recommendations be adopted. adopted M&C C-12097 re There was presented Mayor and Council Communication No. C-12097 from the City contract with Manager stating that the Transportation and Public Works Department selected Dunaway Dunaway Associates Associates, Inc., to design the reconstruction of East Berry Street from Miller to inc.• Crouch and Hardeman Street from M.L.K. Freeway to Edgewood Terrace; that it is necessary to replace the existing water main and analyze the condition of the existing sanitary sewer under the proposed street reconstruction; that, in order to advertise the water and sewer replacement with the street reconstruction project, Dunaway Associates, Inc., will provide plans and specifications for Water and/or Sewer Replacements in East Berry Street and Hardeman Street; that the sanitary sewer pipe will be televised to determine if replacement is necessary; that Dunaway Associates, Inc., has proposed to design this project for a fee not to exceed $46,850.00; that staff engineers have reviewed the proposal and found that it is in line with the TSPE curves for projects of this type; that the total estimated construction cost is $417,800.00; and recommending that the City Council: 1. Authorize a bond fund transfer in the amount of $22,600* from Special Assessments Fund 94, Project No. 009905-00, Special Assessments Unspecified to Street Improvements Fund 67, Project No. 019019-00, Water Replacement, East Berry and Hardeman; 2. Authorize a fund transfer in the amount of $26,250* from Water and Sewer Operating Fund 45, Account No. 70-90-20 to Sewer Capital Improvement Fund 58, Project No. 022019-00, Sewer Replacement, East Berry and Hardeman; and 3. Authorize the City Manager to execute an engineering agreement with Dunaway Associates, Inc., for the Water and/or Sanitary Sewer Replacements in East Berry Street and Hardeman Street for a total fee not to exceed $46,850. M&C C-12096 It was the consensus of the City Council that the recommendations be adopted. adopted - M&C C-12098 re There was presented Mayor and Council Communication No. C-12098 from the City contract with Manager stating that the Federal Aviation Administration proposes to enter into an Federal Aviation agreement with the City of Fort Worth for localizer antenna array site, localizer Administration equipment building site, and utility route, together with access road, parking area, and walkway in order to install the air navigation aids for Runway 35L at Fort Worth Minutes of City Council 0-3 Page 28 29 M&C C-12096 cont. Spinks Airport; that the navigational aid to be installed is a localizer, a component of the instrument landing system; that the area to be leased includes a 16.52 acres area; that FAA will pay no monetary consideration as it is mutually agreed that the rights extended to the Government are in consideration of the obligation assumed by the Government in its establishment, installation, operation, and maintenance of facilities proposed upon the premises; that the term of the contract will begin January 1990 and will end September 30, 1990; that the lease may, at the option of the Government, be renewed from year to year, without notice, until September 30, 2010; that the Government may cancel the lease upon 60 days notice; that FAA will pay for all costs associated with installation of the facilities including the access roads and utility routes; that the City of Fort Worth must pledge that no obstruction, including grass and weeds, will be allowed to exist which will interfere with the installation, operation, or transmission of the equipment installed; and recommending that the City Manager be authorized to enter into a new lease with the Federal Aviation Administration for a localizer antenna array site, localizer equipment building site, and utility route, together with access road, parking area, and walkway at Fort Worth Spinks Airport. It was, the consensus of the City Council that the recommendation be adopted. M&C C-12099 re There was presented Mayor and Council Communication No. C-12099 from the City purchase of educa- Manager stating that the City Council authorized the City Manager to enter into a tional services contract with the Texas Department of Commerce for implementation of Job Training Partnership Act Titles IIA and III for the contract period July 1, 1989, through June 30, 1990; that, through these services, participants are provided with "specific occupational/educational classroom training"; that the City Council authorized that these services be "purchased on a buy -in basis"; that funds are available in Grant Fund 76, Project No. 405472-01 and Project No. 405460-19, Index Code 510214; and recommending that the City Manager be authorized to purchase educational services from Tarrant County Junior College, Texas Aero Tech, American Trades Institute, VTI - Business Computer School, and Lincoln Technical Institute for a total of all services not to exceed $342,400.00. It was the consensus of the City Council that the recommendation be adopted. M&C C-12100 re There was presented Mayor and Council Communication No. C-12100 from the City amendment to con- Manager stating that Proposition No. 1 of the 1986-88 Capital Improvement Program tract with Yandell approved by the voters on March 22, 1986, included the reconstruction of Eastland & Hiller, Inc. Street from Miller Avenue to Carey Street; that the existing roadway currently requires a high level of maintenance and existing drainage facilities are inadequate; that the City Manager was authorized to enter into a contract with Yandell & Hiller, Inc., on February 21, 1989, by Mayor and Council Communication No. C-11461 to provide engineering design for this project for an amount of $70,000.00; that, during the review of the concept report and plans submitted by Yandell & Hiller, Inc., it became apparent that a backwater drainage study would be required; that Yandell & Hiller, Inc., Consulting Engineers, a Fort Worth firm, has proposed to do the study for an amount not to exceed $3,500.00; and recommending that the City Council: 1. Authorize the City Manager to execute an amendment to City Secretary Contract No. 16975 with Yandell & Hiller, Inc. in the amount of $3,500, increasing the fee to a maximum of $73,500 for engineering services for Eastland Street from Miller Avenue to Carey Street; and 2. . Authorize the following bond fund transfer: FROM TO AMOUNT REASON 67-095901-00 67-040190-00 $3,500.00 To provide additional Engineering Eastland, funds for consultant Unspecified Miller to Carey fee. Council Member Webber requested permission to abstain from voting on Mayor and Council Communication No. C-12100. Council Member Chappell made a motion, seconded by Council Member Zapata, that Council Member Webber be allowed to abstain from voting on Mayor and Council Communication No. C-12100. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Zapata made a motion, seconded by Council Member Granger, that Mayor and Council Communication No. C-12100 be approved. 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, Garrison, Granger, McCray, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Webber M&C C-12101 re There was presented Mayor and Council Communication No. C-12101 from the City contract with Orval Manager stating that a contract in the amount of $3,985,530.79 was awarded to Orval hall and Concho Hall-Concho Construction JV to construct Keller -Haslet Road and Heritage Boulevard at Construction ,point Alliance Airport on January 17, 1989, by Mayor and Council Communication No. C-11417; Venture Minutes of City Council 0-3 Page 29 30 TUESDAY, JANUARY 16, 1990 C C-12101 cdna d that the Perot Group desires to have the railing on the box culvert under Keller -Haslet Road repainted in a color of its choosing that they feel is more compatible to the area; that the contractor has agreed to perform this additional work for a total of $2,155.00, which sum has been received from the Perot Group and deposited to the project account; and recommending that City Council approve Change Order No. 7 in the additive amount of $2,155.00 and authorize the City Manager to increase City Secretary Contract No. 16916 with Orval Hall and Concho Construction Joint Venture to $3,984,793.19 for construction of Keller -Haslet Road and Heritage Parkway at Alliance Airport. It was the consensus of the City Council that the recommendation be adopted. &C C-12102 re There was presented Mayor and Council Communication No. C-12102 from the City retract withManager stating that tree removal often is necessary prior to the beginning to a rees Incorporated Transportation and Public Works street construction project; proposing to award a tree removal contract to a tree specialist who has routing equipment that can remove the trees, rout the stumps, and repair the scars in a manner that will ease the disruption that typically occurs with construction projects; that bids were sought for 5,000 diameter inches of tree removal and 5,000 diameter inches of stump routing from tree removal specialist who work within Fort Worth area; that advertising also was done stating the City requirements and stipulation relating to worker's compensation insurance, public liability insurance, and performance standards; that the average has been approximately $17,875.00; that no specific funding is required for this contract as funds will come from authorized construction funding of individual projects; and recommending that the City Manager be authorized to execute a contract for a period of one year for tree removal and stump routing with Trees Incorporated for an amount not to exceed $48,000.00. It was the consensus of the City Council that the recommendation be adopted. &C C-12103 re There was presented Mayor and Council Communication No. C-12103 from the City ontract with Manager stating that the Transportation and Public Works Department has entered into aker-Shiflett, In .periodic contracts with local firms to perform geotechnical services and construction materials testing for various City of Fort Worth projects; that funding is provided from each individual project; that the Park and Recreation Department also uses this contract; that the current contract is expiring, and the Transportation and Public Works Department solicited unpriced proposals from seven firms operating within our City; that, based on selection criteria, the staff recommends that the contract be awarded to Baker -Shiflett, Inc.; that no financing is required for this contract since funding comes from the individual project being served; and recommending that the City Manager be authorized to execute a contract with Baker -Shiflett, Inc., for Geotechnical Engineering Materials services for a period of 18 months with a dollar limitation of $300,000.00. It was the consensus of the City Council that the recommendation be adopted. &C C-12104 re There was presented Mayor and Council Communication No. C-12104 from the City 11 i ance Airport Manager, as follows: hase II contract ith T.L. James & SUBJECT: ALLIANCE AIRPORT PHASE II - CHANGE ORDERS 21, 22 AND 23 (T.L. JAMES & COMPANY) ompany RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute the following change orders to the contract with T. L. James & Company for Phase II improvements at Alliance Airport: 1. Change Order No. 21 providing for the extension of the main runway by 300 feet inclusive of approach lights and paving at a cost of $94,536.13; 2. Change Order No. 22 providing for the addition of an electrical duct manhole near the lighting vault, revised duct sizes and locations, and additional painting and marking of the main runway at a cost of $10,278.21; and 3. Change Order No. 23 providing for curving crossover centerline lights on runways and taxiways at a cost of $261,310.28. DISCUSSION: On October 25, 1988 (M&C C-11265), the City Council awarded a construction contract to T. L. James & Company, Inc. for Phase II paving, lighting, and drainage improvements at Alliance Airport in the amount of $19,820,408.70. This contract has been subsequently amended by Change Orders 1 through 20 so that the contract amount currently stands at $23,019,253.81. PROPOSED CHANGE ORDER NO. 21: Shortly after award of the original contract, the Federal Aviation Administration recognized that an extension of the 8,200 foot runway would add substantial capability to the airport. Although approval of the full 1,400 foot extension was delayed pending appropriate environmental studies and public hearings, F.A.A. did approve and agree to fund a 300 foot extension as an over -run area. This pavement will allow a buffer between construction activity on the runway extension and air operations on the original runway. Major cost items involve the placement of threshold lights Minutes of City Council 0-3 Page 30 31 TUESDAY, JANUARY 16, 1990 M&C C-12104 cont. and approach lights in the pavement, and higher paving costs resulting from the location of the light fixtures. New work items amount to $135,533.12 adjusted for credits of $40,996.99 for a net of $94,536.13. PROPOSED CHANGE ORDER NO. 22: During the course of the contract, F.A.A. personnel requested extensive additions to the duct bank system which necessitated larger manholes. The addition of duct bank to serve the future control tower required an additional manhole. After adjustment for deleted manholes and duct, the net charge for additional work is $2,278.21. In addition, it was decided to upgrade the airfield paint scheme to provide greater visibility to key control points. The lump sum cost for this was $8,000.00. The total for the change order was $10,278.21. PROPOSED CHANGE ORDER NO. 23: During the course of the project, F.A.A. agreed with the Perot Group and the City to upgrade the airfield lighting to provide curving crossover centerline lights on both the runway and the taxiways. The net effect of these additional lights is to allow landing and taxi of aircraft under very low visibility conditions. In addition to the cost of the fixtures, compensation for lost time during paving operations is included in the amount of $115,000.00. The total cost of the change order is $261,310.28. PROJECT COST: Original Contract Amount $19,820,408.70 Approved Change Orders 1-20 3,198,845.11 Proposed Change Order No. 21 94,536.13 Proposed Change Order No. 22 10,278.21 Proposed Change Order No. 23 261,310.28 Proposed Contract Amount $23,385,378.43 Approval of change orders 21, 22 and 23 along with previously approved change orders will amount to an 18.0% increase in the contract amount. 90-095701-00 90-136127-00 $ 1,045 To provide funds City's Share Assessment Paving for City's share of Design Randol Mill, design engineering. Engineering Village Creek in New Subdivision Development Block 1, Lots 2-4 Unspecified Minutes of City Council 0-3 Page 31 FINANCING: Sufficient funds are available in Grant Fund 76, Project No. 218603-04, Alliance Airport Phase II Construction to finance these change orders. The expenditure will be made from Index Code 400481. M&C C-12104 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12104, be adopted. M&C C-12105 re There was presented Mayor and Council Communication No. C-12105 from the City contract with Manager submitting a tabulation of bids received for construction of Sanitary Circle C Construc- Sewer M-211 replacement and rehabilitation; M-211 serves an enlarged Ridglea South tion Company Addition, a portion of Ridglea Country Club Estates, as well as, a portion of Allen Farm Addition, a total of approximately 520 acres; that, in order to provide relief for the surcharging problem, the line is designed to be divided to eliminate the deep portion under Southwest Boulevard and sized to provide adequate capacity for the increased population; and recommending that the City Manager be authorized to execute a construction contract with Circle C Construction Company for the construction of Sanitary Sewer M-211 replacement and rehabilitation on low bid of $208,395.00; and that a fund transfer in the amount of $224,000.00 be authorized from Water and Water Operating Fund 45, Account No. 70-90-20 to Sewer Capital Improvement Fund 58, Project No. 017074-00, M-211 Sewer Replacement. It was the consensus of the City Council that the recommendations be adopted. M&C C-12106 re There was presented Mayor and Council Communication No. C-12106 from the City contract with J.V. Manager submitting a proposed contract for the installation of community facilities to Leggett, Inc. serve Village Creek Subdivision, Block 1, Lots 2, 3, and 4; submitting the proposed project cost and financing; and recommending that: 1. The following bond fund transfers be approved: FROM TO AMOUNT REASON 90-136901-00 90-136127-00 $17,424 To provide funds New Development Assessment Paving for City's share of Unspecified Randol Mill, street construction. Village Creek Subdivision Block 1, Lots 2-4 90-095701-00 90-136127-00 $ 1,045 To provide funds City's Share Assessment Paving for City's share of Design Randol Mill, design engineering. Engineering Village Creek in New Subdivision Development Block 1, Lots 2-4 Unspecified Minutes of City Council 0-3 Page 31 32 TUESDAY, JANUARY 16, 1990 M&C C-12106 cont. 2• The City Manager be authorized to reimburse the developer for the City's share of cost for street improvements upon satisfactory completion of the same; and 3. The City Manager be authorized to execute the Community Facilities Agreement with the developer, J. V. Leggett, Inc. M&C C-12106 adoptet It was the consensus of the City Council that the recommendations be adopted. M&C C-12107 re There was presented Mayor and Council Communication No. C-12107 from the City contract with Manager stating that the City Manager was authorized to execute a professional services Traffic Consul- contract with Traffic Consultants, Inc., on January 8, 1989, by Mayor and Council tants, Inc. Communication No. C-11405 to coordinate the City's efforts to implement improvements along IH 35W between State Highway 114 and North Loop 820; that the work involves coordinating several City projects between Tarrant and Denton Counties, several State Highway Department offices as well as the State Highway Commissions, communities in Tarrant County, various highway -related offices at the State and Federal levels, and property owners along IH 35W; and recommending that the City Council: 1. Authorize the following bond fund transfers: FROM TO AMOUNT REASON 90-095701-00 90-136095-00 $35,000.00 To provide funds City Share of Design IH 35W for consultant's Engineering in New Coordination fee. Development Unspecified 2. Authorize the City Manager to execute an amendment to City Secretary Contract No. 16899 with Traffic Consultants, Inc., for additional work in connection with coordinating the City's efforts to implement improvements along IH 35W between SH 114 and North Loop 820, increasing the maximum allowable fee by $35,000.00, from $98,159.00 to $133,159.00 M&C C-12107 adopteil It was the consensus of the City Council that the recommendations be adopted. M&C C-12108 re There was presented Mayor and Council Communication No. C-12108 from the City contract with Manager submitting a tabulation of bids received for the construction of a six-inch Circe C Construc- water main replacement in Eisenhower Drive and for storm drain improvements in tion, Inc. Eisenhower Drive from Carverly Avenue to Ransom Terrace; and recommending that the City Council: 1. Authorize a bond fund transfer in the amount of $24,772* from Special Assessment Fund 94, Project No. 009905-00, Special Assessments, Unspecified, to Street Improvement Fund 67, Project No. 017122-00, Water Main Replacement in Eisenhower Drive; 2. Authorize a fund transfer in the amount of $2,500 from Water and Sewer Operating Fund 45, Account No. 60-90-20, to Water Capital Improvement Fund 53, Project No. 017122-00, Water Main Replacement in Eisenhower .Drive (Inspection and Survey); 3. Authorize the City Manager to execute a construction contract with Circle "C" Construction, Inc., for the 6 -Inch Water Main Replacement in Eisenhower Drive, based on the low bid of $22,520.00; and 4. Authorize the City Manager to execute a contract with APAC-Texas, Inc., for Storm Drain Improvements in Eisenhower Drive, from Carverly Avenue to Ransom Terrace, in the amount of $106,863.00 and 30 working days. *Includes 10% of bid for possible change orders as established by City Ordinance No. 10437. M&C C-12108 adopted It was the consensus of the City Council that the recommendations be adopted. M&C C-12109 re There was presented Mayor and Council Communication No. C-12109 from the City contract with Manager submitting a tabulation of bids received for reconstruction of Belle Place from Larry H. Jackson Bunting Avenue to Mattison Avenue; and recommending that the City Council: 1.. Authorize the City Manager to approve the following bond fund transfer: FROM TO AMOUNT REASON 67-035901-00 67-025378-00 $86,011.15 To provide funds Miscellaneous Belle Place, for construction Streets and Drainage Bunting to plus funds for Unspecified Mattison change orders. 2. Authorize the City Manager to execute a contract with Larry H. Jackson Construction, Inc., for Reconstruction of Belle Place, from Bunting Minutes of City Council 0-3 Page 32 33 M&C C-12109 cont. Avenue to Mattison Avenue, in the amount of $80,011.15 and 18 working and adopted days. It was the consensus of the City Council that the recommendations be adopted. M&C C-12110 re There was presented Mayor and Council Communication No. C-12110 from the City contract with U.S. Manager submitting a tabulation of bids received for construction of the 24 MGD Martin1_'l6rp6by tCon- Expansion, Phase IIB, Aeration Basin Area at the Village Creek Wastewater Treatment struction Company, Plant; and recommending that the City Council: Inc. 1. Authorize a fund transfer in the amount of $13,276,185* from State Revolving Fund 42, Project No. 016901-00, Unspecified Plants to State Revolving Fund 42, Project No. 016001-00, 24 MGD Expansion, Phase IIB, Aeration Basin Area (VCWWTP); and 2. Authorize the City Manager to execute a construction contract with Martin K. Eby Construction Company, Inc., for construction of the 24 MGD M&C OCS-68 -re ---:- Expansion, Phase IIB, Aeration Basin Area at the Village Creek Closed hearing Wastewater Treatment Plant on the low bid of $12,889,500*. M&C C-12110 adopte4i On motion of Council Member McCray, seconded by Mayor Pro tempore Gilley, the 35 Commerce Center recommendations were adopted. M&C C-12111 re that notice of the second public hearing was published in the Fort Worth Star -Telegram contract with U.S. There was presented Mayor and Council Communication No. C-12111 from the City Homes Corporation Manager submitting a proposed contract for the installation of Community Facilities to serve Huntington Village, Phase III -B; describing the proposed project costs and financing; and recommending that the City Manager be authorized to execute a contract with U.S. Homes Corporation and be authorized to reimburse the developer for the City's share of the cost for street improvements upon satisfactory completion of the same. It was the consensus of the City Council that the recommendations be adopted. M&C C-12112 was It was the consensus of the City Council that Mayor and Council Communication withdrawn No. C-12112, Management Agreement and Ground Lease Agreement with Pinnacle Air Services, Inc., for Management and Operation of Fort Worth Alliance Airport, be withdrawn from the agenda. M&C FP -2649 re There was presented Mayor and Council Communication No. FP -2649 from the City improvements to Manager stating that improvements to Foard Street from Moberly to Martin have been Foard Street from completed in accordance with plans and specifications under Contract No. 17116 awarded Moberly to Martin to APAC-Texas, Inc., on May 16, 1989; and recommending that the City Council accept as Street complete the improvements to Foard Street from Moberly to Martin and authorize final payment in the amount of $5,614.06 to APAC-Texas, Inc., with funds available in Street Improvement Fund 67, Retainage Account No. 205-017116. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2650 re There waspresentedMayor and Council Communication No. FP -2650 from the City complete Fort Worth Manager stating that Fort Worth Spinks Airport Lot 1A, Block 1, Apron Paving has been Spinks Airport completed in accordance with plans and specifications under Contract No. 17165 awarded to Walt Williams Construction Company on June 6, 1989; and recommending that the City Council accept as complete Fort Worth Spinks Airport Lot 1A, Block 1, Apron Paving; and authorize final payment in the amount of $14,876.08 to Walt Williams Construction Company with funds available in Grant Fund 76, Retainage Account No. 205-017165, and Contract Encumbrance No. 17165A. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2651 re There was presented Mayor and Council Communication No. FP -2651 from the City complete replace- Manager stating that construction of the eight -inch and 16 -inch water main replacement ment of eight -inch in Hartwood Drive from Overton Park East to Mockingbird Lane has been completed in and 16 -inch water accordance with plans and specifications under Contract No. 17004 awarded to main Hall -Albert Construction Company on March 21, 1989; and recommending that the City Council accept as complete the contract for eight -inch and 16 -inch water main replacement in Hartwood Drive from Overton Park East to Mockingbird Lane and authorize final payment in the amount of $29,283.18 to Hall -Albert Construction Company, with funds available in Water Capital Improvement Fund 53, Project No. 017084-00, Retainage No. 205-017004, and Contract Encumbrance No. 017004A, Index Codes 000539 and 620153, respectively. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2652 re There was presented Mayor and Council Communication No. FP -2652 from the City complete assessmenl Manager stating that the paving of Broadmoor Addition Assessment Paving has been paving in Broad- completed in accordance with plans and specifications under Contract No. 17128 awarded moor Addition to Walt Williams Construction, Inc., on May 23, 1989; and recommending that the City Council accept as complete the paving of Broadmoor Addition Assessment Paving; authorize final payment in the amount of $32,958.58 to Walt Williams Construction, Inc.; and approve final assessment rolls and authorize issuance of certificates in evident of this special assessments levied against the abutting property owners of Broadmoor Addition. On motion of Mayor Pro tempore Gilley, seconded by Council Member Zapata, the recommendations were adopted. M&C OCS-68 -re ---:- There was presented Mayor and Council Communication No. OCS-68 from the Office of Closed hearing the City Secretary stating that Mayor and Council Communication No. G-8364 was approved annexation of Park by the City Council on December 19, 1989, approving the timetable for the contemplated 35 Commerce Center annexation of 67.543 acres in the Park 35 Commerce Center into the City of Fort Worth; that notice of the second public hearing was published in the Fort Worth Star -Telegram Minutes of City Council 0-3 Page 33 34 M&C OCS-68 cont, on January 3, 1990; that the property is located at the northeast corner I -35W (North) Elizabethtown Cemetery Road (County Road 14042); and that, if annexed, it would become a part of City Council District 2. Mayor Bolen asked if there was anyone present desiring to be heard. There being on one present desiring to be heard in connection with the annexation of 67.543 acres in the Park 35 Commerce Center, Council Member Chappell made a motion, seconded by Council Member Zapata, that the hearing be closed and that the administrative staff be authorized to institute proceedings to annex the area into the City of Fort Worth, and, when the motion was put to a vote by the Mayor, it prevailed unanimously. opinions of Chief support of Police Chief Thomas Windham. Windham Ms. !Viola Pitts Mr. David Manning Mr. David Manning, President of Fort Worth Police Officers Association, appeared re vote of non- before the City Council regarding the adoption of motion by the Association for a vote confidence for of nonconfidence for Chief Windham. Chief Windham Mr. W.D. Todd re Mr. W.D. Todd, 5601 Byers, appeared before the City Council in support of Police support of Chief Chief Thomas Windham. Thomas Windham The Reverend R.L. The Reverend R.L. Livingston, 4616 East Lancaster, representing the Better Livingston reInfluence Association, appeared before the City Council and advised the City Council of Support of Chief polls taken and the receipt of over 1,000 calls in support of Chief Windham and Windham expressed support of Chief Windham. The Reverend J.W. The Reverend J.W. Briscoe, 5312 Libby, appeared before the City Council and Briscoe re support expressed support of Police Chief Windham. of Chief Windham Ms. Wilba Alaman Ms. Wilba Alaman, 5929 Goodman, appeared before the City Council and expressed re support of support for Chief Windham. Chief Windham Mr. Luther Perry Mr. Luther Perry, 1513 Carol Oaks Trail, appeared before the City Council on re improvements behalf of improvements for black police officers under the direction of Police Chief for black police Windham, and requested that City Council investigate and get the opinions of others in officers under the Police Department that are not associated with the Fort Worth Police Officers Chief Windham and Association. requested investi- gation of other Ms. Viola Pitts, 5505 Kilpatrick, appeared before the City Council and spoke in opinions of Chief support of Police Chief Thomas Windham. Windham Ms. !Viola Pitts Ms. Irene Phifer, 5207 Goodman, appeared before the City Council in support of re support Chief Chief Windham. Windham Ms. Irene Phif er Ms. Ballard appeared before the City Council in support of Chief Windham. re support Chief Windham City Manager Ivory advised the City Council that the Charter is the correct Ms. Ballard re procedure that needs to be followed and that it is incumbent upon City management to support of Chief follow procedures outlined in the Charter with regard to Department heads. Windham M&C G-8419 re There was presented Mayor and Council Communication No. G-8419 from the City app t. of Gary L. Manager recommending that the City Council approve, confirm, and ratify his appointment Freer, Harry of Gary L. Freer to Place 1, Harry Warren to Place 5, and Joe T. Romine to Place 6 on Warren, and Joe the Board of Plumbers, with a term of office expiring October 1, 1991, for T. Romine to the Messrs. Freer and Warren and October 1, 1990, for Mr. Romine. On motion of Council Board of Plumbers Member Zapata, seconded by Council Member Chappell, the recommendation was adopted. Met in closed or It was the consensus of the City Council that the City Council meet in closed or executive session for the following purposes: 1. To discuss the following matters involving the purchase, exchange, lease or value of real property: a) proposed lease to Page Avjet; b) proposed purchase of property in Fort Worth Improvement District No. 3; c) proposed ground lease and management agreement with Pinnacle Air Services, Inc. as authorized by Section 2(f), Article 6252-17, V.A.C.S. The public discussion of such items would have a detrimental effect on the negotiating position of the City as between the City and a third person, firm or corporation. 2. To receive the advise of its attorney concerning the following matters as authorized by Section 2(e), Article 6252-17, V.A.C.S., which matters are protected from public disclosure by Canon 4, Code of Professional Responsibility.of the State Bar of Texas: a) proposed ground lease and management agreement with Pinnacle Air Services, Inc.; b) the following pending or contemplated litigation: Minutes of City Council 0-3 Page 34 35 TUESDAY, JANUARY 16, 1990 etiincta9eddoar 1) In re: Briscoe Enterprises, Ltd., II, d/b/a Regalridge xecuti ve cont. Apartments, Debtor, Case No. 489-4447; 2) In re: Briscoe Enterprises, Ltd., III, Debtor, Case No. 489-4448; 3) Claim of Mitchell S. Brown (M&C G-8397) 4) Claim of Sarah TenBrink (M&C G-8399)- 5) -8399)5) Claim of Angelica Rodriguez (M&C G-8400) 6) City of Fort Worth v. Daon-Texas, Cause No. 342-109118-87 c) utility rate cases with Texas Electric Company and Lone Star Gas Company econvened into The City Council reconvened into regular session with seven members present, and egular session Mayor Bolen absent. &C G-8397 re There was presented Mayor and Council Communication No. G-8397, dated January 9, ettlement of 1990, from the City Manager stating that Mitchell Brown filed a claim for personal laims by Hitahell injuries allegedly sustained on December 21, 1988, at 5800 East Lancaster, as a result eoiini nk 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. On motion of Council Member Zapata, seconded by Council Member Chappell, the recommendation was adopted. &C G-8399 re ettlem399ent of There was presented Mayor and Council Communication No. G-8399, dated January 9, laims by &agaBica 1990, from the City Manager stating that Sarah TenBrink filed a claim for injuries edBtjgkez 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. On motion of Council Member Chappell, seconded by Council Member Zapata, the recommendation was adopted. M&C G-8400 re settlement of There was presented Mayor and Council Communication No. G-8400, dated January 9, 1990, from the City Manager saying that Angelica Rodriguez filed a claim for personal claims Angelica claims injuries allegedly sustained on December 29, 1987, in the 2700 block of Eighth Avenue Rodrqudue 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. On motion of Council Member Zapata, seconded by Council Member Chappell, the recommendation was adopted. M&C G-8417 re There was presented Mayor and Council Communication No. G-8417 from the City settlement of Manager stating that the City instituted a condemnation case after it and the landowner claims City of were unable to agree on fair compensation for the landowner's property needed for Fort Worth vs. improvement and widening of Randol Mill Road; that the special commissioners assessed Daon-Texas the damages to the landowner's property and awarded $107,000.00; that, after lengthy negotiations, the landowner has agreed to settle all claims against the City and to join in the City's dismissal of the case in return for $50,000.00; that the Transportation and Public Works Department and the Department of Law recommended settlement of the case for $50,000.00; that the $57,000.00 balance of the funds deposited with the court will be returned to the City; that the deposit with the court was made from Index Code No. 680512 for Project No. 036812-00 and from Fund No. 30-036812-00; and recommending that the City Council approve settlement of all claims arising from this case. On motion of Council Member Zapata, seconded by Council Member Chappell, the recommendation was adopted. ljourned There being no further business, the meeti CITY SECRETARY Minutes of City Council 0-3 Page 35