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HomeMy WebLinkAbout1990/02/01-Minutes-City Council119 CITY COUNCIL MEETING FEBRUARY 6, 1990 Council Met On the 6th day of February, 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 Pro tempore Garey W. Gilley; Council Members Louis J. Zapata, William N. Garrison, Kay Granger, Eugene McCray, and Virginia Nell Webber; City Manager David Ivory; City Attorney Wade Adkins; City Secretary Ruth Howard; Mayor Bob Bolen and Council Member David Chappell absent; with more than a quorum present, at which time the following business was transacted: Invocation The invocation was given by Father Richard McHenry, Canon Pastor of All Saints' Episcopal Cathedral in Fort Worth. Pledge of Allegiance The Pledge of Allegiance was recited. January 30, 1990 On motion of Council Member McCray, seconded by Council Member Granger, the was approved minutes of the meeting of January 30, 1990, were approved. Proclamation - A proclamation for American History Month was presented to Mrs. R. Brien Koehler, American History Mrs. T.C. Searcy, and Mrs. Perry Vestal. Month Proclamation - A proclamation for Como Police/Youth Community Group Day was presented to Carol Como Police/Youth Brown, Viola Pitts, Michelle Allen, and Tommie Henton•and the Foot Patrol Officers; and Community Group Day a check in the amount of,$250.00 was presented for the groups nomination for the Golden Rule Awards, sponsored by J.C. Penny Stores. Withdrew M&C P-4025 1-10020, and P- City Manager Ivory requested that Mayor and Council Communication Nos. P-4025 and 4018 from agenda L-10020 be withdrawn from the agenda and that Mayor and Council Communication No. P-4018 be withdrawn from the consent agenda. Consent agenda On motion of Council Member Zapata, seconded by Council Member Garrison, the approved consent agenda, as amended, was approved. Resignation of On motion of Council Member Zapata, seconded by Council Member McCray, the Mr. Harrison _ resignati'on of Mr. Harrison Shannon, Jr., from the Fort Worth Human Relations Shannon, : Jr. Commission was accepted with regrets. Mayor Pro tempore Gilley announced that Mayor Bolen and Council Member Chappell were not in attendance because of their Fort Worth Sister Cities International visit to Budapest, Hungary. Visitors from Nest- Council Member Garrison called attention of the City Council to visitors in the side boy Scouts audience from the Westside Boy Scouts Troup No. 26, and Scout Leaders Jerry Pace, Leon Troup No. 26 Griffin, and Cecil Curtis. M&C OCS-78 Park 35 There was presented Mayor and Council Communication No. OCS-78 from the City Commerce Center Secretary stating that public hearings were held on January 2, 1990, and January 16, Addi i ton, Phase I 1990, in the Council Chambers at the City Hall of the City of Fort Worth in connection annexation with Council consideration of the annexation of 67.543 acres of Park 35 Commerce Center Addition, Phase I, and that hearings were closed not more than 20 days nor less than ten days prior to this date; and recommending that a motion be adopted annexing the Introduced an ordinance on first reading. Council Member Zapata introduced an ordinance and made a Ordinance motion that it be adopted on first reading and that the ordinance be published in the official newspaper of the City of Fort Worth. 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 Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, and Webber NOES: None ABSENT: Mayor Bolen and Council Member Chappell The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE N0. 10511 10511 AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT WORTH; PROVIDING FOR THE ANNEXATION OF A CERTAIN 67.543 ACRES (0.105 SQUARE MILES) OF LAND, MORE OR LESS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT CORPORATE BOUNDARY LIMITS OF FORT WORTH, TEXAS; PROVIDING THAT THE TERRITORY ANNEXED SHALL BEAR ITS PRO RATA PART OF TAXES; PROVIDING THAT THE INHABITANTS THEREOF SHALL HAVE ALL THE PRIVILEGES OF ALL THE CITIZENS OF FORT WORTH, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL AMEND EVERY PRIOR ORDINANCE IN CONFLICT HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT CONFLICT; PROVIDING FOR SEVERABILITY AND NAMING AN EFFECTIVE DATE. Minutes of City Council 0-3 Page 119 120 TUESDAY, FEBRUARY 6, 1990 Ordinance No. WHEREAS, a public hearing before the City Council of the City of Fort 10511 cont. Worth, Texas, wherein all interested persons were provided an opportunity to be heard on the proposed annexation of the territory hereinafter described, was held in the City Council Chambers, on the 2nd day of January, 1990, which date was not more than forty (40) days nor less than twenty (20) days prior to institution of annexation proceedings; and WHEREAS, a second public hearing before the City Council of the City of Fort Worth, Texas, wherein all interested persons were provided an opportunity to be heard on the proposed annexation of the territory hereinafter described, was held in the City Council Chambers in the Municipal Office Building of Fort Worth, Texas, on the 16th day of January, 1990, which date was not more than forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings; and WHEREAS, notice of the first such public hearing was published in a newspaper having general circulation in the City of Fort Worth, Texas, and in the hereinafter described territory on the 22nd day of December, 1989, which date was not more than twenty (20) days nor less than ten (10) days prior to the date of said such public hearing; and WHEREAS, notice of the second such public hearing was published in a newspaper having general circulation in the City of Fort Worth, Texas, and in the hereinafter described territory on the 3rd day of January, 1990, which date was not more than twenty (20) days nor less than ten (10) days prior to the date of said public hearing; and WHEREAS, prior to the publication of the notices of public hearings, a Service Plan providing for the extension of municipal services into the hereinafter described territory was prepared for inspection by and explanation to the inhabitants of the area to be annexed; and WHEREAS, the population of the City of Fort Worth, Texas is in excess of 100,000 inhabitants; and WHEREAS, the hereinafter described territory lies 'within the exclusive extraterritorial jurisdiction of the City of Fort Worth, Texas; and WHEREAS, the hereinafter described territory lies adjacent to and adjoins the City of Fort Worth, Texas; and - WHEREAS, the hereinafter described territory contains 67.543 acres (0.105 square miles) of land, more or less; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the following described land and territory lying adjacent to and adjoining the City of Fort Worth, Texas is hereby added to and annexed to the City of Fort Worth, Texas, and said territory hereinafter described shall hereafter be included within the boundary limits of the City of Fort Worth, Texas, and the present corporate boundary limits of said City, at the various points contiguous to the area hereinafter described, are altered and amended so as to include said area within the corporate limits of the City of Fort Worth, Texas, to -wit: Parts of the James Eads Survey, Abstract No. 410, the T. J. Bates Survey, Abstract No. 206, and the Thomas S. Reyburn Survey, Abstract No. 1130, situated about 17 1/3 miles south 30 degrees west from the courthouse in Denton, the county seat of Denton County, Texas; and embracing a portion of the 165-50/100 acres tract and all of the 16-84/100 acres tract described in the deed to Frederick Brodsky recorded in Volume 1648, Page 842 of the Denton County Deed Records and Parcel 6, Part 1 described in the deed to the State of Texas recorded in Volume 517, Page 204 of the said Deed Records for Interstate Highway 35W. Beginning at 7/8" iron rod for the northwest corner of the said 16-84/100 acres tract in the north line of the said James Eads Survey in the existing City limit line of Fort Worth. Thence south 89 degrees -38 minutes -30 seconds east, along the north line of said 16-84/100 acres tract and the north line of James Eads Survey to and along the north line of said Parcel 6, Part 1 and north line of said 165-50/100 acres tract and the north line of said T. J. Bates Survey, at 926-65/100 feet pass a 7/8" iron rod the northeast corner of said 16-84/100 acres tract and the northwest corner of said Parcel 6, Part 1, and being 150 feet left of center line station 80+40-22/100 of I -35W, at 1277-64/100 feet past a 7/8" iron rod for the northeast corner of said Parcel 6, Part 1 and the northwest corner of said 165-50/100 acres tract and being 150 feet right of centerline station 82+18-65/100, in all 1912-24/100 feet. Minutes of City Council 0-3 Page 120 121_ TUESDAY, FEBRUARY 6, 1990 r diva nce No. Thence south 9 degrees -48 minutes -30 seconds west, 410 feet. 0511 cont. Thence north 89 degrees -38 minutes -30 seconds west, 4-05/100 feet to the beginning of a curve to the left having a radius of 490 feet. Thence southwesterly along said curve to the left an arc length of 528-80/100 feet to its end, the long chord of said 528-80/100 feet arc is south 59 degrees -26 minutes -30 seconds west, 503-51/100 feet. Thence south 28 degrees -31 minutes -30 seconds west, 1418-20/100 feet to the beginning of a curve to the left having a radius of 926-91/100 feet. Thence southwesterly along said curve to the left an arc length of 453-85/100 feet to its end, the long chord of said 453-85/100 feet arc is south 14 degrees -29 minutes -53 seconds west, 449-33/100 feet. Thence south no degrees -28 minutes -15 seconds west, 234-85/100 feet to the existing Fort Worth City Limit line. Thence north 89 degrees -32 minutes -36 seconds west, along said Fort Worth City limit line, 412-92/100 feet. Thence north no degrees -25 minutes -50 seconds east, continuing along said City limit line, 25 feet. Thence north 78 degrees -22 minutes -27 seconds west, continuing along said City limit line, 232-96/100 feet to a 7/8" iron rod for the southwest corner of said 165-50/100 acres tract and northwest corner of Parcel 6, Part 2 described in the deed to the State of Texas recorded in Volume 517, Page 204 of the said Deed Records. Thence north no degrees -35 minutes -58 seconds east, continuing along the said City limit line, along the west line of said 165-50/100 acres tract, 277-31/100 feet to a 7/8" iron rod for the southeast corner of said Parcel 6, Part 1, and being 180 feet right of centerline station 56+41-22/100. Thence north no degrees -38 minutes -52 seconds east, continuing along the said City limit line, 652-23/100 feet to a concrete Highway Department right-of-way monument for the south corner of said 16-84/100 acres tract, and being 150 feet left of centerline station 62+01-82/100. Thence north no degrees -38 minutes -08 seconds east, continuing along the said City limit line and the west line of said 16-84/100 acres tract, 1583-20/100 feet to the place of beginning and containing 67-543/1000 acres. SECTION 2. That the above described territory is shown on Map Exhibit "A" which is attached hereto and expressly incorporated herein by reference for the purpose of illustrating and depicting the location of the hereinabove described territory. SECTION 3. That the above described territory hereby annexed shall be part of the City of Fort Worth, Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by the City of Fort Worth, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens in accordance with the Service Plan and shall be bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth, Texas. SECTION 4. That attached hereto, marked Exhibit "X" and incorporated herein for all purposes incident hereto, is a Service Plan providing for the extension of municipal services into the area to be annexed, said Service Plan having been prepared prior to publication of the notices of hearings prescribed under Section 43.056 of the Texas Local Government Code, and having been made available at said hearings for inspection by and explanation to the inhabitants of the area to be annexed. SECTION 5. That this ordinance shall and does amend every prior ordinance in conflict herewith, but as to all other ordinances or sections of ordinances not in direct conflict, this ordinance shall be, and the same is hereby made cumulative. SECTION 6. That it is hereby declared to be the intent of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Minutes of City Council 0-3 Page 121 122 TUESDAY, FEBRUARY 6, 1990 Ordinance No. ordinance shall be declared unconstitutional by the valid judgment or decree 10511 cont. of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. That this ordinance shall be in full force and effect from and after the date of its passage on second reading as provided for in Section 35 of Chapter XXVII of the Charter of the City of Fort Worth, Texas, and it is so ordained. EXHIBIT X CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Name and Acreage Annexed: PARK 35 COMMERCE CENTER ADDN. PHASE I (67.543 Acres) Location: Northeast corner of I -35W (North) and Elizabethtown Cemetery Road (Co.Rd.# 4042) County: Denton Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Fort Worth, Texas, at the following levels and in accordance with the following schedule: A. Police Protection Service (1) Patrolling, responses to calls, and other routine police protection services, within the limits of existing personnel and equipment, will be provided on the effective date of annexation. (2) As development and construction commence within this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization, and population density within the area as determined by the City Council within two and one-half (2-1/2) years from the date of adoption of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. (3) Upon ultimate development of the area, the same level of police protection services will be provided to this area as are furnished throughout the City. B. Fire and Emergency Protection Service (1) Fire protection services by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, will be provided to this area on the effective date of the annexation ordinances. (2) As development and construction of subdivisions commence within this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire and emergency ambulance services consistent with the characteristics of topography, land utilization, and population density of the area, as determined by the City Council, within two and one-half (2-1/2) years from the date of adoption of the annexation ordinance, or upon commencement of development within this area, whichever occurs later. (3) Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the city. C. Environmental Health and Code Enforcement Services ( 1 ) Enforcement of the City's environmental health ordinances and regulations, including but not limited to weed and brush ordinances, junked and abandoned vehicle ordinances, food handlers ordinances and animal control ordinances, shall be provided within this area on the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated by existing personnel beginning with the effective date of the annexation ordinance. (2) The City's building, plumbing, mechanical, electrical, and all other construction codes will be enforced within this area beginning with the effective date of the annexation ordinance. Existing personnel will be used to provide these services. Minutes of City Council 0-3 Page 122 12.3 TUESDAY, FEBRUARY 6, 1990 rdinance No. (3) The City's zoning, subdivision, sign, mobile home, junk yard and other 0511 cont. ordinances shall be enforced in this area beginning on the effective date of the annexation ordinance. (4) All inspection services furnished by the City of Fort Worth, but not mentioned above, will be provided to this area beginning on the effective date of the annexation ordinance. (5) As development and construction commence within this area, sufficient personnel will be provided to furnish this area the same level of environmental health and code enforcement services as are furnished throughout the City. D. Planning and Zoning Services ' The planning and zoning jurisdiction of the City will extend to this area on the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and General Plan. E. Recreation and Leisure Services (1) Residents of this property may utilize all existing recreational and leisure service facilities and sites throughout the City, beginning with the effective date of this ordinance. (2) Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans, policies and programs and decisions of the City of Fort Worth. .This property will be included in all plans for providing recreation and leisure services to the City. The same level of recreation and leisure services shall be furnished to this property as is furnished throughout the City. (3) Existing parks, playgrounds, swimming pools and other recreation and leisure facilities within this property shall, upon deeding to and acceptance by the City, be maintained and operated by the City of Fort Worth; but not otherwise. F. Solid Waste Collection (1) Solid waste collection shall be provided to the property in accordance with existing City policies, beginning with the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until notified by the Director of Transportation and Public Works. (2) As development and construction commence within this property, and population density increases to the proper level, solid waste collection shall be provided to this property in accordance with then current policies of the City as to frequency, charges and so forth. G. Street, Storm Drainage and Street Lights ( 1 ) The City of Fort Worth's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning with the effective date of the annexation ordinance. The City will maintain improved roadway sections dedicated to the public consistent with maintenance performed on other roadways of similar construction and classification within the City of Fort Worth. (2) As development, improvement or construction of streets to City standards commences within this property, the policies of the City, of Fort Worth with regard to participation in the costs thereof, acceptance upon completion, and maintenance after completion, shall apply. (3) The same level of maintenance shall be provided to streets within this property which have been accepted by the City of Fort Worth as is provided to City streets throughout the City. (4) The City will maintain storm drainage facilities, within a drainage easement when constructed, to current City of Fort Worth standards applicable throughout the City. As development, improvement or construction of storm drainage facilities to City standards commences within this property, the policies of the City of Fort Worth with regard to participation in the costs thereof, acceptance upon completion, and maintenance after completion, shall apply. (5) Street lights installed on improved public streets shall be maintained by the City of Fort Worth in accordance with current City policies. Other street lighting shall not be maintained by the City of Fort Worth. Minutes of City Council 0-3 Page 123 124 TUESDAY, FEBRUARY 6 1990 Ordinance No. N. Water Services 10511 cont. (1) Connection to existing City water mains for domestic water service to serve residential, commercial, and industrial use within this property will be provided in accordance with existing City ordinances and policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service at the normal rates charged throughout the City. (2) As development and construction of subdivisions commence within this property, water mains of the City will be extended by the property owner in accordance with provisions of the Subdivision Ordinance and other applicable policies, ordinances, and regulations. City participation in the costs of these extensions shall be in accordance with applicable City policies, ordinances, and regulations. Such extensions will commence within two and one-half (2-1/2) years from the effective date of the annexation ordinance, and/or upon commencement of development of a subdivision within this property, whichever occurs later. I. Sanitary Sewer Services (1) Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City ordinances and policies. Upon connection, to existing sanitary sewer mains, sanitary sewage service will be provided at rates established by City ordinances for such service at the normal rates charged throughout the City. (2) As development and construction of subdivisions commence within this property, sanitary sewer mains of the City will be extended by the property owners in accordance with provisions of the Subdivision Ordinance and other applicable policies, ordinances, and regulations. City participation in the costs of these extensions shall be in accordance with applicable City policies, ordinances, and regulations. Such extensions will commence within two and one-half (2-1/2) years from the effective date of the annexation ordinance, and/or upon commencement of development of a subdivision within the property, whichever occurs later. J. Miscellaneous (1) Any facility or building located within the annexed area and acquired by the City of Fort Worth to provide service to the area will be'maintained by the City commencing upon the date of use or the effective date of the annexation ordinance, whichever occurs later. (2) General municipal administration and administrative service of the City shall be available to the annexed area beginning with the effective date of the annexation ordinance. M&C OCS-79 Claims There was presented Mayor and Council Communication No. OCS-79 from the City Secretary- recommending that notices of claims for alleged damages and/or injuries be referred to the Risk Management Department, as follows: General Motors 1. Claimant: Acceptance Corp. Date Received: (Pat Sharp) Date of Incident: Attorney: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Jane A. Narvaez 2. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Peggy Ann Brazel- 3. Claimant: ton Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: General Motors Acceptance Corp. (Pat Sharp) January 30, 1990 October 4, 1989 McDonald, Sanders, Ginsburg, Newkirk, Gibson, & Webb (Randyl Meigs) Fort Worth, Texas $5,830.09 Claimant alleges damages as the result of its vehicle being sold, while in the possession of the City of Fort Worth, without proper notification of owner. Jane A. Narvaez January 30, 1990 January 11, 1990 Bentree Apartment Parking Lot $190.00 - $222.00 Claimant alleges damages to her automobile as the result of street conditions. Peggy Ann Brazelton January 26, 1990 October 1989 - November 1989 3824 S. Timberline Drive $5,227.00 - $5,631.00 Claimant alleges damages to her property as the result of City -owned vehicle (trash truck) backing up into her driveway. Minutes of City Council 0-3 Page 124 state of Ronald C. orin, Sandra L., aul C., and ichelle L. Morin uvenia Steward 4. Claimant: Date Received: Date of Incident: Attorney: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 5. Claimant: Date Received: Date of Incident: Attorney: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Estate of Ronald C. Morin Sandra L., Paul C., and Michelle L. Morin January 26, 1990 August 8, 1989 Baker & McKenzie (Mark D. Taylor) 10900 Alta Vista Road at 4800 Golden Triangle Blvd. $350,000.00 Claimants allege damages and injuries as the result of tall uncut weeds and grass obstructing view of intersection and failure of City to maintain stop sign causing a collision resulting in death of Ronald C. Morin. Luvenia Steward January 31, 1990 November 18, 1989 Wallace Craig and Associates (Robert L. Schimmel) Intersection of Vaughn Boulevard and Avenue N Undeclared Claimant alleges damages and injuries as the result of an accident involving a City -owned vehicle (police). 125 &C G-8451 re There was presented Mayor and Council Communication No. G-8451 from the City of and of tax Manager stating that the Texas Property Tax Code requires that a taxpayer must request verpayments a refund for tax overpayment within three years of that payment; that Section 31.11 of the Property Tax Code further requires approval by the governing body before refunding overpayments or erroneous payments in instances where the refund exceeds $500.00; that the Revenue Collection Division of the Finance Department has verified that erroneous payments or overpayments were made; that funds are available in Finance Department General Fund 01, Account No. 13-40-20, Index Code 011106 for erroneous payments or overpayments, and recommending that refunds of tax overpayments be approved, as follows: ACCOUNT NO. LEGAL DESCRIPTION NAME AMOUNT 0210-73-84 Overton Woods Addition Lawyers Amer. Title $ 5,995.23 1989 Taxes Lt 3 Blk 2 Company (City & School) Taxes Paid Twice 0057-90-33 Colonial Hills Mrs. Paul L. Hill 2,483.39 1988 Taxes Lt 15 Blk 1 (City & School) Taxes Paid Twice 0110-94-64 Greenbriar Add. (Benbrook) Cram Mortgage Service 1989 Taxes Lt 7 Blk 12 Inc. (School Only) Taxes Paid Twice 0127-86-73 Hillcrest Add. (Ft. Worth) Lawyers Amer. Title 1989 Taxes Lt 25 Blk 19 Company (City & School) Taxes Paid Twice 0130-42-91 Hilltop Heights Addition 1989 Taxes Lt 16 Blk 3 (School Only) Taxes Paid Twice 0143-41-60 International Harvestor 1988 Taxes Lt 1 Blk 1 (City & School) Taxes Paid Twice 0284-99-17 South Hills Addition 1986 Taxes Lt 17 Blk 116 (City & School) Taxes Paid Twice 0287-68-33 South Ridge Addition 1989 Taxes Lt 15 Blk 6 (City & School) Taxes Paid Twice 0347-51-74 Westpark Addition 1989 Taxes Lt 9 Blk 23 (School Only) Taxes Paid Twice John R. Watts Southwest International Harvestor First Interstate Mtg. Company Trinity Western Title Company Trinity Western Title Company Minutes of City Council 0-3 Page 125 596.13 1,097.65 589.35 22,370.26 1,353.03 1,203.26 806.41 126 M&C G-8451 adopted 0361-46-97 Woodhaven Country Club Est. Savings Banc 3,365.08 M&C G-8451 cont. 1989 Taxes Lt 6 Blk 18 6th Filing Gilbert and Colvin Enterprises, Ltd., II and Briscoe Enterprises, Ltd., III, d/b/a Regalridge Apartments, had filed petitions in bankruptcy pursuant to Chapter 11; that the City is a creditor (City & School) of Briscoe Enterprises II and III; that the City is concerned about the continued operation and maintenance of the Regalridge Apartments, which were financed through the Taxes Paid Twice Corporation, and a $7 million Urban Development Action Grant; that, because this matter 0430-21-68 Hugh Munro, Jr. Survey Transamerica 1,371.74 assist the City Attorney with representation in this matter and to advise the City 1989 Taxes A 8165 Tr 1A01 for their knowledge and experience in bankruptcy law, have agreed to assist the City with this matter for an hourly rate of $200.00; that it is estimated at this time that (School Only) Gilbert and Colvin's fees in this matter should not exceed $15,000.00; and recommending that the City Council: Erroneous Payment 0446-90-53 The Gardens C. W. Seely 4,738.71 1989 Taxes Lt 2 Site 2 (City & School) Taxes Paid Twice 0490-35-87 Village Creek J. V. Leggett, Inc. 10,669.48 1988 Taxes Lt 1 Blk 1 (City & School) Taxes Paid Three Times Account Totals ($56,639.72) M&C G-8451 adopted On motion of Council Member Zapata, seconded by Council Member McCray, the accounts totalling $56,639.72 were approved for refund. M&C G-8452 re retention of the There was presented Mayor and Council Communication No. G-8452 from the City law firm of Manager stating that the City was notified on December 29, 1989, that Briscoe Gilbert and Colvin Enterprises, Ltd., II and Briscoe Enterprises, Ltd., III, d/b/a Regalridge Apartments, had filed petitions in bankruptcy pursuant to Chapter 11; that the City is a creditor of Briscoe Enterprises II and III; that the City is concerned about the continued operation and maintenance of the Regalridge Apartments, which were financed through the issuance of $18.7 million of tax exempt bonds by the Trinity Housing Finance Corporation, and a $7 million Urban Development Action Grant; that, because this matter is of extraordinary importance, it is the opinion of the City Attorney and City Manager that outside legal counsel with expertise in bankruptcy law should be retained to assist the City Attorney with representation in this matter and to advise the City concerning bankruptcy matters related thereto; that Gilbert and Colvin, well recognized for their knowledge and experience in bankruptcy law, have agreed to assist the City with this matter for an hourly rate of $200.00; that it is estimated at this time that Gilbert and Colvin's fees in this matter should not exceed $15,000.00; and recommending that the City Council: 1. Retain the law firm of Gilbert and Colvin as outside legal counsel, pursuant to Section 3, Chapter VI of the City Charter, to assist the City Attorney in representing the City in the pending bankruptcy cases concerning Briscoe Enterprises, Ltd., II and Briscoe Enterprises, Ltd., III, and to advise the City in other bankruptcy matters relating thereto; and 2. Adopt the attached resolution fixing in advance, as far as practicable, the compensation to be paid to Gilbert and Colvin for their services, in an amount not to exceed $15,000; and 3. Adopt the attached supplemental appropriations ordinance increasing appropriations in General Fund 01, Non -Departmental Account No. 90-55-00 by $15,000 and decreasing the unreserved, undesignated fund balance of the General Fund 01 by a like amount. - M&C G-8452 adopted On motion of Council Member Garrison, seconded by Council Member Webber, the recommendations were adopted. Introduced a Council Member Garrison introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member Webber. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, and Webber NOES: None ABSENT: Mayor Bolen and Council Member Chappell The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1503 1503 WHEREAS, Briscoe Enterprises, Ltd., II, and Briscoe Enterprises, Ltd., III, have filed petitions for bankruptcy under Chapter 11 in the United States Bankruptcy Court; and WHEREAS, because this matter is of extraordinary importance, it is necessary to retain outside legal counsel to assist the City Attorney with Minutes of City Council 0-3 Page 126 127 TUESDAY, FEBRUARY 6. 1990 esolution No. representation of the City in these proceedings and to advise the City on 503 cont. bankruptcy matters relating thereto; and WHEREAS, Gilbert and Colvin possess the knowledge and expertise in bankruptcy law and have agreed to assist the City in these matters; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Section 1. That Gilbert and Colvin be retained as outside legal counsel, pursuant to Section 3, Chapter VI of the City Charter, to assist the City Attorney in representation of the City in the bankruptcy proceedings concerning Brisco Enterprises, Ltd., II and III, and to advise the City on other bankruptcy matters relating thereto. Section 2. That Gilbert and Colvin be paid an hourly rate of $200.00 in these matters, and that as far as practicable, the compensation to be paid for their services be fixed in an amount not to exceed $15,000. Introduced an Council Member Garrison introduced an ordinance and made a motion that it be ordinance adopted. The motion was seconded by Council Member Webber. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, and Webber NOES: None ABSENT: Mayor Bolen and Council Member Chappell The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10512 10512 AN ORDINANCE APPROPRIATING $15,000 TO THE GENERAL FUND 01, NON -DEPARTMENTAL ACCOUNT NO. 90-55-00 AND DECREASING THE UNRESERVED, UNDESIGNATED FUND BALANCE OF THE GENERAL FUND O1 BY THE SAME AMOUNT FOR PAYMENT OF LEGAL FEES RELATED TO THE PENDING BANKRUPTCY CASES CONCERNING BRISCOE ENTERPRISES, LTD. II AND BRISCOE ENTERPRISES, LTD. III; 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. Minutes of City Council 0-3 Page 127 This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C G-8453 re There was presented Mayor and Council Communication No. G-8453 from the City donation of office Manager stating that Dunaway and Associates, Inc., has offered to donate to the City furniture various items of office furniture and equipment which it can no longer use; that the furniture includes an electric typewriter, several desks, a set of eight chairs, several large drafting tables, a light table, and numerous other items; and recommending that the City Council accept the donation of office furniture and equipment valued at $2,165.00 for use by various City departments. On motion of Council Member Zapata, seconded by Council Member McCray, the recommendation was adopted. M&C P-4013 re There was presented Mayor and Council Communication No. P-4013 from the City purchase of, Manager submitting a tabulation of bids received for the purchase of barricades for the barricades Transportation and Public Works Department; stating that funds are available in General Fund 01, Account No. 20-80-01, Index Code 238352; and recommending that the purchase be made from Lectric Lites on low bid of $7,125.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-4014 re There was presented Mayor and Council Communication No. P-4014 from the City purchase of traffic, Manager submitting a tabulation of bids received for the purchase of traffic signal signal controllers controllers for the Transportation and Public Works Department; stating that purchases will be charged to General Fund 01, Signal Inventory Subsidiary Account No. 141-000273; and recommending that the purchase be made from Hi -Tech Signals, Inc., on its low bid of $181,987.05 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-4015 re There was presented Mayor and Council Communication No. P-4015 from the City purchase agreement Manager stating that a purchase agreement was authorized on March 7, 1989, by Mayor and with Robertson Flee Equipment Minutes of City Council 0-3 Page 127 128 TUESDAY FEBRUARY 6 1990 ---- M&C P-4015 cont. Council Communication No. P-3288 with Robertson Fleet Equipment on its bid of discounted prices; that the agreement period was for one year with option to renew for one additional year; that Robertson Fleet Equipment has agreed to hold the prices and discounts firm for another year and the City Services Department, Equipment Services Division, has requested the option to renew be exercised; that purchases will be charged to Equipment Services Fund 61, Inventory Subsidiary Account No. 141-000270; and recommending that the City Council authorize: 1. Exercising the option to renew the purchase agreement with Robertson Fleet Equipment to furnish the following automotive parts to the City Services Department for one additional year on the bid as listed: (1) Category III Items 47-79 (2) Category V Items 106-123 (3) Category VIII Items 174-196 (4) Category X Items 210-215 Automobile Belts and Hoses Fuel System Suspension, Steering and Power Train Mirrors and Brackets At Jobber List Price Less 17.5% At Jobber List Price Less 17.5% At Jobber List Price Less 12.5 to 17.5% At Jobber List Price Less 17.5% 2., The new agreement period to begin March 7, 1990, and end one year later. M&C P-4015 adoptedll It was the consensus of the City Council that the recommendations be adopted. M&C P-4016 re There was presented Mayor and Council Communication No. P-4016 from the City purchase of fence Manager submitting a tabulation of bids received for the purchase of fence materials materials for the Park and Recreation Department; stating that funds are available in Special Trust Fund 72, Project No. 502110-03, Index Code 600015; and recommending that the purchase be made from Custom Fence Company on low bid of $16,135.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-4017 re There was presented Mayor and Council Communication No. P-4017 from the City purchase of --Manager submitting a tabulation of bids received for the purchase of specialized audio specialized audio equipment for the Police Department; stating that funds are available in General equipment Fund 01, Police Special Operations Division Account No. 35-44-00, Index Codes 280768 and 280743, Index Code 055012; and recommending that the purchase be made from Professional Audio Supply on low bid of $11,490.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-4018 re There was presented Mayor and Council Communication No. P-4018 from the City purchase of Manager stating that the City Council authorized the sole source purchase of a countermeasure system denied countermeasure system on January 2, 1990, by Mayor and Council Communication No. P-3901 Windsor, Rebuilt from Audio Intelligence Devices; that the vendor gave the original quote on September 29, 1989, with prices to be good for 90 days; that a Mayor and Council Core Communication was prepared and scheduled on the Council agenda of December 19, 1989, at (3) which time it was withdrawn; that the price quotation expired on December 29, 1989, and CID, New Engine the next scheduled agenda was January 2, 1990; that the vendor has confirmed that the (4) quoted prices must now be increased by $500.00; that funds are available in General CID, Rebuilt Fund 01, Account No. 35-44-00, Index Code 280768; and recommending that the City Council authorize amendment of Mayor and Council Communication No. P-3901, dated Core January 2, 1990, from $7,977.90 to $8,477.90 net, f.o.b. Fort Worth. On motion of Council Member Webber,_ seconded by Council Member Zapata, the recommendation was denied. M&C P-4019 re There was presented Mayor and Council Communication No. P-4019 from the City purchase of Manager submitting a tabulation of bids received for purchase agreements for heavy duty genuine Ford truck Ford parts for the City Services Department; stating that budgeted funds are sufficient manufacturer's re- to cover the anticipated expenditure by each department participating in this placement parts agreement; and recommending that the City Council authorize: and engines 1. A purchase agreement for the purchase of genuine Ford truck manufacturer's replacement parts and engines with Southwest Truck Sales on the lowest most responsive bid of unit prices at manufacturer's suggested list price less 35% discount and engines at the following unit prices: (1) 351 Windsor, New Engine $3,385.20 (2) 351 Windsor, Rebuilt $ 728.65 Core $ 185.00 (3) 302 CID, New Engine $3,514.16 (4) 302 CID, Rebuilt $ 718.58 Core $ 240.00 2. A purchase agreement with Gibson Ford for the purchase of genuine Ford automotive manufacturer's replacement parts on the low bid of unit prices at manufacturer's suggested list price less 41% discount; and 3. The agreements to begin the date of authorization by Council and end one year later with one additional year option to renew. Minutes of City Council 0-3 Page 128 129 TUESDAY, FEBRUARY 6. 1990 y�l&C P-4019 adopted II IlIt was the consensus of the City Council that the recommendations be adopted. &C P-4020 re There was presented Mayor and Council Communication No. P-4020 from the City emol i ti on contract Manager, as follows: ith Joe Adams & on, Inc. SUBJECT: AMENDMENT TO M&C P-3967 DEMOLITION CONTRACT FOR UNIT 26, 2812 ANGLE AVENUE RFf AMMFNnATTnN- It is recommended that the City Council: 1. Confirm that the structure listed herein is substandard, a nuisance, and a hazard to the public health, safety and welfare; 2. Amend M&C P-3967 to include authorization of a contract for demolition of a structure for the City Services Department on the low bid per item basis as follows: 1) Joe Adams & Son, Inc. $970.00 Unit 26 - 2812 Angle Avenue 3. Authorize a lien be filed against the property to cover the cost of demolition and administration. BID TABULATION: VENDOR AMOUNT BID 1. Joe Adams & Son $ 970.00 Fort Worth, TX 2. E. -D. Briggs d/b/a $1,080.00 Briggs and Son, Inc. Fort Worth, TX 3. West Excavation Contractors $1,368.00 Mansfield, TX 4. Wilbert L. Sugg $1,435.00 Fort Worth, TX 5. Midwest Wrecking Company of Texas $1,250.00 Fort Worth, TX 6. Berry Street Service Company d/b/a $1,250.00 Sims Excavation Company Fort Worth, TX 7. Crest Investments d/b/a $1,250.00 Dynomite Demolition Dallas, TX 8. Charles McElroy d/b/a $1,377.00 B & M Trucking Kennedale, TX 9. U. S. Excavation $2,150.00 Grapevine, TX All terms are net and bid tabulation is attached. 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. COMMENTS 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 landfill site. The bid specifications also provided that the location would be awarded based upon the low bid for that particular location. DISCUSSION: . i 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 structure listed. The Building Standards Commission has heard the case and has tried to work with the property owner toward rehabilitation, or voluntary removal, but the owner continues to delay abatement of the substandard condition. The Commission Minutes of City Council 0-3 Page 129 130 M&C P-4020 cont. 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. The property owner and lienholder was notified that the Housing Official would recommend that the City Council award a demolition contract during the regular meeting meeting on January 16, 1990 (M&C P-3967). No one appeared at the meeting of January 16, 1990 to oppose the demolition of the property. Staff has confirmed that the owner is aware of the action pending against the property. It was later determined that Unit 26 was inadvertently listed as Unit 16 in the recommendations of January 16, 1990 (M&C P-3967); although the unit price of $970.00 was included in the total amount awarded. The vendor has complied with the City's DBE Policy. FINANCING: M&C P-4022 re No additional funding is required. Sufficient funds are available in the No. P-4022 from the City General Fund 01, Account No. 21-40-02, City Services, Code Enforcement. This Manager submitting a tabulation expenditure will be made from Index Code 224964. M&C P-4020 adopted It was the consensus of the City Council that the recommendations, as contained in Spectrophotometer for the Water Mayor and Council Communication No. P-4020, be adopted. M&C P-4021 re There was presented Mayor and Council Communication No. P-4021 from the City purchase agreement Manager stating that the City Council authorized a purchase agreement with with goldthwaite's Goldthwaite's of Texas on February 14, 1989, by Mayor and Council Communication of Texas No. P-3223 to furnish Toro irrigation parts for one year with an option to renew for Inc., on low bid, meeting one additional year; that the Park and Recreation Department has requested the City City specifications, of $8,798.00, Council exercise option to renew; stating that budgeted funds are sufficient to cover charges of $45.00, for a the anticipated expenditure by each department participating in this agreement; and total amount of $8,843.00 net, recommending that the City Council exercise option to renew for one year with the consensus of the City Goldthwaite's of Texas to provide Toro irrigation parts for the Park and Recreation Council that the recommendation be Department on bid of dealer's whole goods list minus 40 percent and replacement parts minus ten percent, with term of agreement to begin February 14, 1990, and end on February 13, 1991. It was the consensus of the City Council that the recommendations be adopted. M&C P-4022 re There was presented Mayor and Council Communication No. P-4022 from the City purchaseof one UV/ Manager submitting a tabulation of bids received for the purchase of one UV/VIS VIS Spectrophoto- Spectrophotometer for the Water Department; stating that funds are available in Water meter and Sewer Operating Fund 45, Account No. 60-30-01, Index Code 380345; and recommending It was the consensus of the City Council that Mayor and Council Communication that the purchase be made from Pharmacia LKB Biotechnology, Inc., on low bid, meeting Transportation and Public Works Department, be withdrawn from the agenda. City specifications, of $8,798.00, plus approximate shipping charges of $45.00, for a Manager submitting a quotation received for a one-year sole source purchase agreement total amount of $8,843.00 net, f.o.b. Fort Worth. It was the consensus of the City to Office Services Fund 60, Subsidiary Inventory Account No. 141-000275; and Council that the recommendation be adopted. M&C P-4023 re There was presented Mayor and Council Communication No. P-4023 from the City purchase of variout Manager submitting a tabulation of bids received for the purchase of various sizes sizes of trash trash pumps for the Water Department; stating that funds are available in Water and pumps Sewer Operating Fund 45, Account Nos. 60-70-04, 60-70-07, 60-70-09, 70-70-04, 70-70-05, 70-70-06, and 70-70-07, Index Codes 377150, 378687, 379693, 387597, 388264, 388868, and 389460, respectively; and recommending that the purchase be made from Bacrac Supply on low bid, meeting City specifications, for an amount not to exceed $12,109.00 net, f.o.b. Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. M&C P-4024 re There was presented Mayor and Council Communication No. P-4024 from the City purchase of five Manager submitting a quotation received for the purchase of five truck -mounted truck -mounted spreaders for the Transportation and Public Works Department; stating that funds are spreaders available in General Fund 01, Account No. 20-80-02, Index Code 238980; and recommending that the purchase be made from Cooper Machinery Company on low bid, meeting specifications, of $13,088.50 net, f.o.b. Fort Worth. On motion of Council Member Garrison, seconded by Council Member Granger, the recommendation was adopted. M&C P-4025 re It was the consensus of the City Council that Mayor and Council Communication was withdrawn No. P-4025, Purchase of Two Utility Vehicles from Jack Williams Chevrolet for the Transportation and Public Works Department, be withdrawn from the agenda. M&C P-4026 re There was presented Mayor and Council Communication No. P-4026 from the City sole source pur- Manager submitting a quotation received for a one-year sole source purchase agreement chase agreement tol to provide Mapscos for the Finance Department; stating that purchases will be charged provide Mapscos to Office Services Fund 60, Subsidiary Inventory Account No. 141-000275; and recommending that the purchase agreement be authorized with All State Mapmakers on low bid of $13.85 each and that the term of agreement be effective the date of authorization and end one year later. On motion of Council Member Granger, seconded by Council Member McCray, the recommendation was adopted. M&C P-4027 re There was presented Mayor and Council Communication No. P-4027 from the City purchase of labor Manager submitting a tabulation of bids received for the purchase of labor and and materials to materials for fence construction at 1100 Monroe for the Transportation and Public Works construct fence Minutes of City Council 0-3 Page 130 131 TUESDAY. FEBRUARY 6. 1990 &C P-4027 cont. Department; that vandalism created an immediate need to proceed with installation of the fence; stating that funds are available in Parking Building Fund 59, Account No. 16-20-05; Index Code 334680; and recommending that the City Council confirm the purchase from Philips Contracting, Inc., on low bid of $19,972.00. On motion of Council Member Zapata, seconded by Council Member Garrison, the recommendation was adopted. &C P-4028 re There was presented Mayor and Council Communication No. P-4028 from the City urchase agreement Manager submitting a tabulation of bids received for publication of personnel and ith Commercial ecorder display advertisements for various departments; stating that funds are available in Account Nos. 14-10-00, 13-40-00, 50-30-01, 84-10-00, and 35-55-01; and recommending that the City Council authorize purchase agreement with the Commercial Recorder for publication of personnel and display advertisements for various departments on its low bid of $3.90 per column inch, with the agreement to begin the date of authorization and end September 30, 1990. &C P-4028 denied Council Member Garrison made a motion, seconded by Council Member Granger, that Mayor and Council Communication No. P-4028 be denied. r. Arthur Petersen Mr. Arthur Petersen, representing the Commercial Recorder, appeared before the e M&C P-4028 City Council and asked for clarification regarding the motion of Council Member Garrison and spoke to the issue of Mayor and Council Communication Nos. P-4028, P-4029, and P-4030; and commended staff for consideration of the Commercial Recorder for publication of legal advertisements. r. John Bondurant Mr. John Bondurant, 3032 South Jones, Director of Marketing for the Commercial &C P-4028 Recorder, appeared before the City Council and advised Council of the new news racks to be installed throughout the City and requested permission to install a news rack in City Hall if permissible and advised Council of the subscription orders of the Commercial Recorder and cost of the newspaper. Ir. Mac Tully re Mr. Mac Tully, 4603 Brentgate Drive, representing the Fort Worth Star -Telegram, 1&C P-4028 appeared before the City Council and expressed opposition to the proposed purchase agreements for publication of advertisements, legal advertisements, and Council agendas being awarded to the Commercial Recorder and called attention of the Council to the coverage of the Fort Worth Star -Telegram to various minority groups in Fort Worth; overall coverage of 55 percent of people in Fort Worth; and the alleged actual savings that the Fort Worth Star -Telegram would save the City if it receives the bid. When the motion, that Mayor and Council Communication No. P-4028 be denied, was put to a vote by the Mayor Pro tempore, it prevailed unanimously. I&C P-4029 re There was presented Mayor and Council Communication No. P-4029 from the City purchase agreement Manager submitting a tabulation of bids received for a purchase agreement for ii th Commercial publication of legal advertisements for various City departments; stating that funds to corder are available in Account Nos. 11-50-00, 16-10-00, 21-40-02, 25-10-00, and 90-40-00; and recommending that the purchase agreement be authorized with the Commercial Recorder on its lowest responsive bid of $0.22 per agate line for a 1 1/4 inch column, with the agreement to begin the date of authorization and end September 30, 1990. On motion of Council Member Garrison, seconded by Council Member McCray, the recommendations were adopted. I&C P-4030 re There was presented Mayor and Council Communication No. P-4030 from the City lenied Manager submitting a tabulation of bids received for publication of the City Council agenda for the City Secretary's office; stating that no specific funds were budgeted for publication of the City Council agenda and that expenditures will be made from Non -Departmental Account No. 90-40-00, Index Code 327601; and recommending that, if the City Council should desire to begin newspaper publishing of the Council agenda, it should authorize: 1. A purchase agreement with the Commercial Recorder for the publication of the City Council agenda on the low bid of $0.22 per agate line for the 1-1/4 inch column for the City Secretary's office; and 2. This agreement to begin the date of authorization and end September 30, 1990. Mayor Pro tempore Gilley advised the audience that the publication of the City Council agenda was not funded in the last budget year and stated that the -Council agendas will be made available in all libraries and multi-purpose centers. Council Member Garrison made a motion, seconded by Council Member Webber, that Mayor and Council Communication No. P-4030 be denied. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. I&C L-10020 was It was the consensus of the City Council that Mayor and Council Communication iithdrawn No. L-10020, Gift from Dunaway Associates, Inc., of Office Furniture and Equipment, be withdrawn from the agenda. I I&C L-10021 re There was presented Mayor and Council Communication No. L-10021 from the City Lcqui si ti on of Manager, as follows: :emporary con- ;truction easement Minutes of City Council 0-3 Page 131 132 TUESDAY, FEBRUARY 6, 1990 M&C L-10021 cont. SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS (7 TRANSACTIONS) RECOMMENDATION: It is recommended that approval be given for the acquisition of the land and/or easements described below: 1. Project Name: Welch Avenue (Granbury Road to Wedgworth Road South) 2. 3. 4. Type of Acquisition: Temporary Construction Easement Description of Land: A rectangularly shaped parcel of land 15 feet in depth and 26 feet in length adjacent to the northwesterly property line of Lot 1, Block 79, Wedgwood Addition, as recorded in Volume 388-11, Page 61, Deed Records, Tarrant County, Texas. Square Feet: 379 Zoning: "A-1" Family Parcel No.: 11 Consideration: $1.00 Location: 5801 Wessex Avenue Owner: David B. Dowell and wife, Julie D. Dowell Financing: Sufficient funds are available in Street Improvement, Fund 67, Project No. 095106-00 Land Acquisition. This expenditure will be made from Index Code 699884. Land Agent: Aleeta Hackney Project Name: Welch Avenue (Granbury Road to Wedgworth Road South) Type of Acquisition: Temporary Construction Easement Description of Land: A rectangularly shaped parcel of land 20 feet in depth and 28 feet in length adjacent to the northwesterly property line of Lot 20, Block 79, Wedgwood Addition, as recorded in Volume 388-13, Page 35, Deed Records, Tarrant County, Texas. Square Feet: 545 Parcel No.: 12 Consideration: $1.00 Location: 5800 Wedgworth Road Zoning: "A-1" Family Owner: Marion J. Hilburn and Katie S. Hilburn Financing: Sufficient funds are available in Street Improvement, Fund 67, Project No. 095106-00 Land Acquisition. This expenditure will be made from Index Code 699884. Land Agent: Aleeta Hackney Project Name: Welch Avenue (Granbury Road to Wedgworth Road South) Type of Acquisition: Temporary Construction Easement Description of Land: A rectangularly shaped parcel of land 7.5 feet in depth and 27 feet in length adjacent to the northwesterly property line of Lot 10, Block 149, Wedgwood Addition, as recorded in Volume 388-20, Page 67, Deed Records, Tarrant County, Texas. Square Feet: 203 Parcel No. 22 Consideration: $1.00 Location: 6016 Welch Avenue Zoning: "A-1" Family Owner: Lurline Philbeck and Mary Ann Philbeck Financing: Sufficient funds are available in Street Improvement, Fund 67, Project No. 095106-00 Land Acquisition. This expenditure will be made from Index Code 699884. Land Agent: Aleeta Hackney Project Name: Welch Avenue (Granbury Road to Wedgworth Road South) Minutes of City Council 0-3 Page 132 133 TUESDAY, FEBRUARY 6, 1990 M&C L-10021 cont. Type of Acquisition: Temporary Construction Easement Description of Land: A rectangularly shaped parcel of land 20 feet in depth and 27 feet in length adjacent to the northwesterly property line of Lot 8, Block 83, Wedgwood Addition, as recorded in Volume 388-13, Page 35, Deed Records, Tarrant County, Texas. Square Feet: 541 Zoning: "A-1" Family Parcel No.: 14 Consideration: $1.00 Location: 4017 Welch Avenue Owner Charles T. Conner and wife, Rosalie J. Conner Financing: Sufficient funds are available in Street Improvement, Fund 67, Project No. 095106-00 Land Acquisition. This expenditure will be made from Index Code 699884. Land Agent: Aleeta Hackney 5. Project Name: Welch Avenue (Granbury Road to Wedgworth Road South) Type of Acquisition: Temporary Construction Easement Description of Land: A rectangularly shaped parcel of land 15 feet in depth and 27.5 feet in length adjacent to the northwesterly property line of Lot 2, Block 13, Wedgwood Addition, as recorded in Volume 388-3, Page 93, Deed Records, Tarrant County, Texas. Square Feet: 413 Zoning: "A-1" Family Parcel No.: 7 Consideration: $1.00 Location: 5801 Trail Lake Drive Owner: C. B. McCullar and wife, Alcie M. McCullar Financing: Sufficient funds are available in Street Improvement, Fund 67, Project No. 095106-00 Land Acquisition. This expenditure will be made from Index Code 699884. Land Agent: Aleeta Hackney, 6. Project Name: Welch Avenue (Granbury Road to Wedgworth Road South) Type of Acquisition: Temporary Construction Easement Description of Land: A rectangularly shaped parcel of land 10 feet in depth and 26 feet in length adjacent to the property line of Lot 1, Block 148, Wedgwood Addition, as recorded in Volume 388-20, Page 67, Deed Records, Tarrant County, Texas.. Square Feet: 263 Zoning: "A-1" Family Parcel No.: 4 •Consideration: $1.00 Location: 5733 Wonder Drive Owner: David L. Bailiff and wife, Rachel C. -Bailiff Financing: Sufficient funds are available in Street Improvement, Fund 67, Project No. 095106-00 Land Acquisition. This expenditure will be made from Index Code 699884. Land Agent: Aleeta Hackney 7. Project Name: Welch Avenue (Granbury Road to Wedgworth Road South) Type of Acquisition: Temporary Construction Easement Description of Land: A rectangularly shaped parcel of land 10 feet in depth and 22 feet in length adjacent to the northwesterly property line of Lot 11, Block 82, Wedgwood Addition, as recorded in Volume 388-20, Page 67, Deed Records, Tarrant County, Texas. Square Feet: 220 Zoning: "A-1" Family Minutes of City Council 0-3 Page 133 134 TUESDAY FEBRUARY'6 1990 M&C L-10021 cont. 11 Parcel No.: 19 Consideration: $1.00 Location: 5800 Wimbleton Way Owner: Albert L. Mulder, Jr. and wife, Rosemary Mulder Financing: Sufficient funds are available in Street Improvement, Fund 67, Project No. 095106-00 Land Acquisition. This expenditure will be made from Index Code 699884. Land Agent: Aleeta Hackney M&C L-10021 It was the consensus of the City Council that the recommendations, as contained in adopted Mayor and Council Communication No. L-10021, be adopted. M&C L-10022 re There was presented Mayor and Council Communication No. L-10022 from the City eminent domain Manager recommending that the City Attorney be authorized to institute eminent domain proceedings Proceedings to acquire an irregularly-shaped parcel of land 74.90 feet in depth on the north boundary and 73.30 feet in depth on the south boundary out of W.S. Britain Survey, Abstract No. 2038, Tract 1A, as recorded in Volume 8441, Page 840, Deed Records, Tarrant County, Texas, said land being on the west side of I -35W and commencing at the southwestern property line and being 306.60 feet in length on the west and 410.18 feet in length on the east; located north of Keller Hicks Road and south of Haslet Road adjacent to the west side of I -35W; owned by Veterans' Land Board and Richard Korman; and required for State Highway 170 and I -35W. It was the consensus of the City Council that the recommendation be adopted. M&C L-10023 re There was presented Mayor and Council Communication No. L-10023 from the City eminent domain Manager recommending that the City Attorney be authorized to institute eminent domain proceedings proceedings to acquire an irregularly-shaped parcel of land approximately 69.63 feet in depth on the south boundary and 170.08 feet in depth on the north boundary line out of James A. Ashford Survey, Abstract No. 1776, Tract I, as recorded in Volume 8305, Page 1086, Deed Records, Tarrant County, Texas; same being on the west side of I -35W and being 723.36 feet in length on the west side and 731.43 feet in length on the east side; and an irregularly-shaped easement approximately 100 feet in width and 656.03 feet in length on the west boundary line and 707.55 feet in length on the east boundary line, parallel and adjacent to the above-described right-of-way; located north of Keller Hicks Road and south of Haslet Road adjacent to the west side of I -35W; owned by Marvin Daily, Jr., Trustee; and required for State Highway 170 and I -35W. It was the consensus of the City Council that the recommendation be adopted. M&C L-10024 re There was presented Mayor and Council Communication No. L-10024 from the City eminent domain Manager recommending that the City Attorney be authorized to institute eminent domain proceedings proceedings to acquire an irregularly-shaped parcel of land 170.08 feet in depth on the north boundary line and 186.53 feet in depth on the south boundary line out of James A. Ashford Survey, Abstract No. 1776, Tract No. 1, as recorded in Volume 7776, Page 1132, Deed Records, Tarrant County, Texas; same being on the west side of I -35W and commencing at the northwest corner of this tract and being 241.34 feet in length on the east side and 242.65 feet in length on the west side; and an irregularly-shaped easement located parallel and adjacent to the above-described right-of-way, being 104.86 feet in width on the north boundary, 88.40 feet in width on the south boundary, 171.82 feet in length on the east boundary, and 241.34 feet in length on the west boundary; located north of Keller Hicks Road and south of Haslet Road adjacent to the west side of I -35W; and required for State Highway 170 and I -35W. It was the consensus of the City Council that the recommendation be adopted. M&C L-10025 re There was presented Mayor and Council Communication No. L-10025 from the City eminent domain Manager recommending that the City Attorney be authorized to institute eminent domain proceedings proceedings to acquire a rectangularly -shaped parcel of land approximately 122.05 feet in depth out of the James A. Ashford Survey, Abstract No. 1776, and the Juan Armendaris Survey, Abstract No. 1764, Tracts 1 and II, as recorded in Volume 7977, Page 2283, Deed Records, Tarrant County, Texas; same being at the northwest property line of said tract and lying on the west side of I -35W and being approximately 241.44 feet in length; and easement 99.91 feet in width on the north boundary line, 141.19 feet in width on the south boundary line, 187.40 feet in length on the west boundary, and 192.38 feet on the east boundary; same being parallel to the above-described right-of-way; located north of Keller Hicks Road and south of Haslet Road adjacent to the west side of I -35W; and required for State Highway 170 and I -35W. It was the consensus of the City Council that the recommendation be adopted. M&C L-10026 re There was presented Mayor and Council Communication No. L-10026 from the City eminent domain Manager recommending that the City Attorney be authorized to institute eminent domain proceedings proceedings to acquire an irregularly-shaped parcel of land 186.53 feet in depth on the north boundary line and 174.93 feet in depth on the south boundary line out of the James A. Ashford Survey, Abstract No. 1776, Tract No. 26, as recorded in Volume 8289, Page 1891, Deed Records, Tarrant County, Texas; same being adjacent to I -35W and commencing in the northwest corner of said tract and being 241.61 feet in length on the west and 241.39 feet in length on the east; and an irregularly-shaped easement 88.40 feet in width on the north boundary line, 99.99 feet in width on the south boundary line, 241.61 feet in length on the east, and 241.39 feet in length on the west, same being parallel and adjacent to the above-described right-of-way; located south of Keller Hicks Road and north of Haslet Road adjacent to the west side of I -35W; and Minutes of City Council 0-3 Page 134 135 TUESDAY, FEBRUARY 6, 1990 M&C L-10026 cont. and adopted required for State Highway 170 and I -35W. It was the consensus of the City Council deposit of award that the recommendation be adopted. M&C L-10027 re eminent domain There was presented Mayor and Council Communication No. L-10027 from the City proceedings Manager recommending that the City Attorney be authorized to institute eminent domain proceedings to acquire an irregularly-shaped Parcel of land approximately 122.05 feet in depth on the north side and 74.90 feet in depth on the south side out of the Juan Armendaris Survey, Abstract No. 1764, and the W.D. Britain Estate Survey, Abstract No. 2038, Tracts I and II, as recorded in Volume 6870, Page 929, Deed Records, Tarrant M&C L-10032 re County, Texas; same being on the west side of I -35W and commencing at the northwest deposit of award property line and being 488.31 feet in length on the east and 490.99 feet in length on in condemnation the west side; located north of Keller Hicks Road and south of Haslet Road adjacent to proceedings the west side of I -35W; owned by J.R. Deavers, Jr., aka Joseph Robert Deavers, Jr., and Barbara J. Deavers; and required for State Highway 170 and I -35W. It was the consensus of the City Council that the recommendation be adopted. M&C L-10028 re There was presented Mayor and Council Communication No. L-10028 from the City eminent domain Manager recommending that the City Attorney be authorized to institute eminent domain proceedings proceedings to acquire a rectangularly -shaped parcel of land 50 feet in depth out of the H. Davidson Survey, Abstract No. 437, Tract No. 2A, as recorded in Volume 9028, Page 744, Deed Records, Tarrant County, Texas; same being adjacent to I -35W and commencing out of the northeastern corner of this tract and being 298.11 feet in length; located north of Keller Hicks Road adjacent to the east side of I -35W; owned by Sunbelt Savings, FSF; and required for State Highway 170 and I -35W. It was the consensus of the City Council that the recommendation be adopted. M&C L-10029 re There was presented Mayor and Council Communication No. L-10029 from the City deposit of award Manager recommending that authority be granted to deposit the award of $225.00 allowed in condemnation by Special Commissioners in eminent domain proceedings, Cause No. 153-124034-89, for proceedings for the acquisition of the front west 50 feet of Lots 19 and 20, Block 3, Evans South acquisition of lanol Addition, required for Reconstruction of Oleander Street from Evans Avenue to Mansfield Road. It was the consensus of the City Council that authority be granted to deposit the award allowed by Special Commissioners and that the expenditure be charged to Street Improvements Fund 67, Project No. 040130-00, Index Code 699884. M&C L-10030 re There was presented Mayor and Council Communication No. L-10030 from the City deposit of award Manager recommending that authority be granted to deposit the award of $495.00 allowed in condemnation by Special Commissioners in eminent domain proceedings, Cause No. 153-124030-89, for proceedings the acquisition of land from the front of Lot 20, Block 3, White's Subdivision of Evans South Addition, required for the reconstruction of Oleander Street from Evans Avenue to Mansfield Road. It was the consensus of the City Council that authority be granted to deposit the award allowed by Special Commissioners and that the expenditure be charged to Street Improvements Fund 67, Project No. 040130-00, Index Code 699884. M&C L-10031 re There was presented Mayor and -Council Communication No. L-10031 from the City deposit of award Manager recommending that authority be granted to deposit the award of $10.00 allowed in condemnation by Special Commissioners in eminent domain proceedings, Cause No. 153-124033-89, for proceedings the acquisition of land from Lot 14, Block 1, Mansfield Road Addition, required for reconstruction of Oleander Street from Evans Avenue to Mansfield Road. It was the consensus of the City Council that authority be granted to deposit the award allowed by Special Commissioners and that the expenditure be charged to Street Improvements Fund 67, Project No. 040130-00, Index Code 699884. M&C L-10032 re There was presented Mayor and Council Communication No. L-10032 from the City deposit of award Manager recommending that authority be granted to deposit the award of $125.00 allowed in condemnation by Special Commissioners in eminent domain proceedings, Cause No. 153-124035-89, for proceedings the acquisition of land from Lot 8, Block 7, Tyler's Lake Park Place Addition, required for reconstruction of Oleander Street from Evans Avenue to Mansfield Road. It was the consensus of the City Council that authority be granted to deposit the award allowed by Special Commissioners and that expenditures be charged to Street Improvements Fund 67, Project No 040130-00, Index Code 699884. M&C L-10033 re r There was presented Mayor and Council Communication No. L-10033 from the City deposit of award Manager recommending that authority be granted to deposit the award of $103.00 allowed in condemnation by Special Commissioners in eminent domain proceedings, Cause No. 153-124028-89, for proceedings the acquisition of a parcel of land out of Lot 32, Block 1, Graves & McDaniel Subdivision, Block 8, of Evans South Addition, required for reconstruction of Oleander Street from -Evans Avenue to Mansfield Road. It was the consensus of the City Council that authority be granted to deposit the award allowed by Special Commissioners and that expenditures be charged to Street Improvements Fund 67, Project No. 040130-00, Index Code 699884. M&C L-10034 re There was presented Mayor and Council Communication No. L-10034 from the City acquisition of Manager recommending that the City pay a total consideration of $500.00 for a land triangularly -shaped parcel of land out of the front side of Lot 1, Block 1, Crow and Pruitt Subdivision, as described in Volume 4643, Page 562, Deed Records, Tarrant County, Texas; same being on the south side of the existing Oleander Street and commencing at the northwest corner of this parcel and extending 23.38 feet in length on the north side and 26.62 feet in length on the south side; located at 1062 East Oleander Street; owned by Co -Executors of -the Estate of Varnell Allen, Maurice Barksdale, and Roger Hughes, Jr., Independent; and required for reconstruction of Oleander Street from Evans Avenue to Mansfield Road. It was the consensus of the City Council that the land be acquired as recommended and that the expenditure be charged to Street Improvements Fund 67, Project No. 040130-00, Index Code 699884. Minutes of City Council 0-3 Page 135 1.36 TUESDAY, FEBRUARY 6. 1990 M&C L-10035 re There was presented Mayor and Council Communication No. L-10035 from the City deposit of award Manager recommending that authority be granted to deposit the award of $125.00 allowed in condemnation by Special Commissioners in eminent domain proceedings to acquire a parcel of land out proceedings of Lot 2, Block 9, Spencer's Subdivision of Tyler's Lake Park Place Addition, required for reconstruction of Oleander Street from Evans Avenue to Mansfield Road. It was the consensus of the City Council that authority be granted to deposit the award allowed by Special Commissioners and that the expenditure be charged to Street Improvements Fund 67, Project No. 040130-00, Index Code 699884. M&C 6 re There was presented Mayor and Council Communication No. L-10036 from the City depositsit ofof award Manager recommending that authority be granted to deposit the award of $125.00 allowed in condemnation by Special Commissioners in eminent domain proceedings, Cause No. 153-124031-89, for proceedings the acquisition.of a parcel of land out of Lot 4, Block 9, Spencer's Subdivision, required for reconstruction of Oleander Street from Evans Avenue to Mansfield Road. It was the consensus of the City Council that authority be granted to deposit the award allowed by Special Commissioners and that the expenditure be charged to Street Improvements Fund 67, Project No. 040130-00, Index Code 699884. M&C L-10037 re There was presented Mayor and Council Communication No. L-10037 from the City acquisition of 1 and Manager, as follows: SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS (7 TRANSACTIONS) RECOMMENDATION: It is recommended that approval be given for the acquisition of the land and/or easements described below: 1. Project Name: Sanitary Sewer Replacement Project, Main 73 Type of Acquisition: Dedication Description of Land: A rectangularly shaped strip of land out of Lot 18, Block 15, Berkley Addition, as recorded in Volume 8177, Page 1503, 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 north property line of Lot 18, Block 15. Square Feet: 600 Zoning: "A" Parcel No.: 20 Consideration: $1.00 Location: 2216 Glenco Terrace Owner: Michael Handy Financing: Sufficient funds are available in Sewer Capital Improvements Fund 58, Project No. 017081-00, Replacement of Main 73. This expenditure will be made from Index Code 698787. Land Agent: Jerry Chalker 2. Project Name: Sanitary Sewer Rehabilitation Project, Lateral 2550 Type of Acquisition: Dedication Description of Land: A rectangularly shaped strip of land out of Lot 10, Block 9, Masonic Home Addition, Second Filing, as recorded in Volume 5412, Page 280, Deed Records, Tarrant County, Texas. This strip of land is 5.0 feet in depth and 90.0 feet in width and lies parallel, contiguous and within the north property line, required for a permanent easement. Square Feet: 450.0 Zoning: "A" Parcel No.: 10 Consideration: $1.00 Location: 3217 Montague Street Owner: Geraldine A. Drury Financing: Sufficient funds are available in Sewer Capital Improvements Fund 58, Project No. 017100-00, S.S. Rehabilitation, L-2550. This expenditure will be made from Index Code 698787. Land Agent: Jerry Chalker Minutes of City Council 0-3 Page 136 137 TUESDAY, FEBRUARY 6, 1990 M&C L-10037 cont. 3. Project Name: Sanitary Sewer Rehabilitation Project, Lateral 2550 Type of Acquisition: Dedication Description of Land: A rectangularly shaped strip of land out of Lot 11B, Block 9, Masonic Home Addition, Second Filing, as recorded in Volume 7770, Page 58, Deed Records, Tarrant County, Texas. This strip of land is 5.0 feet in depth and 60.0 feet in width and lies parallel, contiguous and within the north property line, required for a permanent easement. Square Feet: 300.0 Zoning: "A" Parcel No.: 12 Consideration: $1.00 Location: 3215 Montague Street Owner: Ezekiel R. Rodriguez and wife, Mary 0. Rodriguez Financing: Sufficient funds are available in Sewer Capital Improvements Fund 58, Project No. 017100-00, S.S. Rehabilitation, L-2550. This expenditure will be made from Index Code 698787. Land Agent: Jerry Chalker 4. Project Name: Sanitary Sewer Replacement Project, Main 73 Type of Acquisition: Dedication - Temporary Construction Easement Description of Land: A rectangularly shaped strip of land out of Lot 15, Berkley Addition, -as recorded in Volume 204, Page 79, Deed Records, Tarrant County, Texas. This strip of land is 10.0 feet in depth and 60.0 feet in length and lies contiguous with, parallel to and south of an existing 3.0 permanent easement along and within the north property line, required for a temporary easement. Square Feet: 600.0 Zoning: "A" Parcel No.: 17 Consideration: $1.00 Location: 2204 Glenco Terrace Owner: Mrs. Marvin N. Wheat Financing: Sufficient funds are available in Sewer Capital Improvements Fund 58, Project No. 017081-00, Replacement of Main 73. This expenditure will be made from Index Code 698787. Land Agent: Jerry Chalker 5. Project Name: Sanitary Sewer Replacement Project, Main 73 Type of Acquisition Dedication - Temporary Construction Easement Description of Land: A rectangularly shaped strip of land out of Lot 17, Berkley Addition, as recorded in Volume 4987, Page 486, Deed Records, Tarrant County, Texas. This strip of land is 10.0 feet in depth and 60.0 feet in length and.lies contiguous with, parallel to and south of an existing 3.0 permanent easement along and within the north property line, required for a temporary easement. Square Feet: 600.0 Zoning: "A" Parcel No.: 19 Consideration: $1.00 Location: 2212 Glenco Terrace Owner: Rosemary L. Oliver and Gwendolyn Oliver Sharpe Financing: Sufficient funds are available in Sewer Capital Improvements Fund 58, Project No. 017081-00, Replacement of Main 73. This expenditure will be made from Index Code 698787. Land Agent: Jerry Chalker 6. Project Name: Sanitary Sewer Rehabilitation, Lateral 2550 Type of Acquisition: Dedication - Permanent Easement Minutes of City Council 0-3 Page 137 138. TUESDAY, FEBRUARY 6, 1990 M&C L-10037 cont. Description of Land: A rectangularly shaped strip of land out of Lot 11A, Block 9, Masonic Home Addition, Second Filing, as recorded in Volume 7345, Page 1105, Deed Records, Tarrant County, Texas. This strip of land is 5.0 feet in depth and 50.0 feet in length and lies parallel to, contiguous with and within the north property line, required for a permanent easement. Square Feet: 250.0 Zoning: "A" Parcel No.: 11 Consideration: $1.00 Location: 3211 Montague Street Owner: Mrs. Ngoan Thi Haidle Financing: Sufficient funds are available in Sewer Capital Improvements Fund 58, Project No. 017081-00, S.S. Rehabilitation, L-2550. This expenditure will be made from Index Code 698787. Land Agent: Jerry Chalker 7. Project Name:. Sanitary Sewer Rehabilitation, Lateral 2550 Type of Acquisition: Dedication - Permanent Easement Description of Land: A rectangularly shaped strip of land out of Lot 3A, Block 9, Masonic Home Addition, Second Filing, as recorded in Volume 6015, Page 351, Deed Records, Tarrant County, Texas. This strip of land is 10.0 feet in depth and 50.0 feet in length and lies parallel to, contiguous with and within the south property line, required for a permanent easement. Square Feet: 500.0 Zoning: "A" . Parcel No.: 4 , Consideration: $1.00 Location: 3218 Grayson Street Owner: Harold L. Davis Financing: Sufficient funds are available in Sewer Capital Improvements Fund 58, Project No. 017081-00, S.S. Rehabilitation, L-2550. This expenditure will be made from Index Code 698787. Land Agent: Jerry Chalker M&C L-10037 On motion of Council Member Granger, seconded by Council Member Webber, the adopted recommendations, as contained in Mayor and Council Communication No. L-10037, were adopted. M&C C-12139 re There was presented Mayor and Council Communication No. C-12139 from the City contract with Manager submitting a tabulation of bids received for the 36 -inch Water Main Crossing Larry H. Jackson FM -1220 (Boat Club Road); and recommending that the City Council: Construction, Inc. 1. Authorize a fund transfer in the amount of $114,000* from Water Capital Improvement Fund 83, Project No. 011000-00, Water Interest to Water Capital Improvement Fund 83, Project No. 014003-00, 36 -Inch Water Crossing FM -1220; and 2. Authorize the City Manager to execute a construction contract with Larry H. Jackson Construction, Inc., for the 36 -Inch Water Main Crossing FM -1220 (Boat Club Road) on the low bid of $97,725.00. *Includes $6,000 for possible change orders as established by City Ordinance No. 10437 and funds for inspection and survey. M&C, C-12139 It was the consensus of the City Council that the recommendations be adopted. adopted M&C C-12140 re There was presented Mayor and Council Communication No. C-12140 from the City Joint Funding Manager stating that an agreement providing that the City of Fort Worth join with the Agreement City of Dallas, the North Texas Municipal Utility District, and the Trinity River Authority of Texas in the formation and operation of the Upper Trinity River Basin Water Quality Compact was authorized on October 25, 1975, by Mayor and Council Communication No. C-3219; that the City of Fort Worth has participated in the Compact since the group's inception; that the Compact agreement was renewed in 1986 to allow for continued participation for an additional ten-year period; that prior agreements with the USGS have been handled by staff of the TRA as representatives for the Compact; that for the second year, at the request of City of Dallas, individual agreements have been prepared for each Compact member; that the City's share of cost pertaining to Minutes of City Council 0-3 Page 138 139 TUESDAY, FEBRUARY.6, 1990 &C C-12140 cont. gathering of water quality data by USGS for the fiscal year, October 1, 1989, to September 30, 1990, is $25,935.00; that funds are available in Water and Sewer Operating Fund 45, Account No. 70-10-00, Index Code 390518; and recommending that the City Manager be authorized to exercise a Joint Funding Agreement for Water Resources Investigations with the Department of Interior Geological Survey and that the Water Director be authorized to pay the City's share of Compact's cost in the amount of $25,935.00 for 1989-90 USGS monitoring and monitors, with the check payable to the Department of Interior-USGS. It was the consensus of the City Council that the recommendations be adopted. &C C-12141 re There was presented Mayor and Council Communication No. C-12141 from the City ngi neeri ng agree- Manager, as follows: ent SUBJECT: ENGINEERING AGREEMENT FOR THE CONSTRUCTION MANAGEMENT OF ELECTRICAL SYSTEM IMPROVEMENTS AT VILLAGE CREEK WASTEWATER TREATMENT PLANT (YANDELL AND HILLER, INC.) II RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Engineering Agreement with Yandell and Hiller, Inc., for Construction Management Services in conjunction with the improvements to the electrical distribution system at the Village Creek Wastewater Treatment Plant for $552,517*. PROJECT NO.: 42-022002-00 DISCUSSION: The existing 2,400 volt electrical distribution system and load distribution centers were installed between 1954 and 1975. Plant expansions and corrosion of the conductors and equipment have resulted in overloading, equipment failures, and loss of flexibility. The present system also is inefficient in the use of existing engine blowers and generators, resulting in high energy costs. *Proposed fee of $526,207 plus 5% or $26,310 for charging coordination of consultant services by the Engineering Division, Water Department. The final design includes synchronization with Texas Utilities Power Company to allow efficient use of engine generators, construction of a new generator and distribution system control room, and replacement of the 2,400 volt primary distribution system. Project will be funded through bonds from the Texas State Revolving Fund. NEED FOR CONSULTANT: The specialized expertise required to provide resident inspection and management is unavailable within the Water Department. Yandell and Hiller, Inc., was selected due to familiarity with the project and for their documentation of competence as a construction manager on similar projects. SCOPE OF SERVICES: Construction Management: Provide an on-site construction management team to administer the contract. The services include establishing contract administration procedures, surveying, schedule preparation, coordination with other projects, construction observation and a final report. Electrical Inspection: Provide electrical field observation for conformance of contractors work with plans and specifications. Office Engineering: The services to be provided include bid assistance, project management, review of contractor submittals, preparation of change orders, record drawings and Operation and Maintenance Manual. Material Testing: Concrete quality and soil compaction testing by an independent testing lab. TIME OF COMPLETION: Services will be completed within 180 days of construction completion or by November 8, 1991. COMPENSATION: Maximum $526,207 fee for monthly payments based on invoices. The consultant has complied with the City's DBE Policy. Minutes of City Council 0-3 Page 139 140 TUESDAY, FEBRUARY 6 1990 ' M&C C-12141 cont. PROJECT FINANCING: Sufficient funds are available in State Revolving Fund 42, Project No. 022002-00, VCWWTP Electrical Modifications Construction Management. Expenditures will be made from Index Code 642868. It was the consensus of the City Council that the recommendation, as contained in Mayor M&C C-12141 and Council Communication No. C-12141, be adopted. adopted M&C C-12142 re There was presented Mayor and Council Communication No. C-12142 from the City contract with Manager submitting a proposed contract for the installation of community facilities to Overton Park Plaza serve Overton West Addition, Block F, Lots 2-7; and recommending that: Associates 1. The following bond fund transfers be approved: FROM TO AMOUNT REASON 83-015901-00 83-015064-00 $ 5,789 To provide funds Unspecified Overton West Addn. for City's cost Block F, Lots 2-7 of water main construction. 89-032901-00 89-032087-00 $ 7,000 To provide funds Street Lights Overton West Addn. for City's cost Unspecified Block F, Lots 2-7 of street light installation. 90-037901-00 90-136126-00 $38,407 To provide funds Development Overton West Addn. for City's cost of Adjacent to Block F, Lots 2-7 street and storm City Park drain construction. Unspecified 90-095701-00 90-136126-00 $ 2,305 To provide funds City Share Overton West Addn. for City's cost of of Design Block F, Lots 2-7 design engineering. Engineering in New Development Unspecified 2. The City Manager be authorized to reimburse the developer for the City's share of cost for water, streets, storm drainage and street light improvements upon satisfactory completion of the same; and 3. The City Manager be authorized to execute the community facilities agreement with the developer, Overton Park Plaza Associates. M&C C-12142 It was the consensus of the City Council that the recommendations be adopted. adopted There was presented Mayor and Council Communication No. C-12143 from the City M&C C-12143 re Manager, as follows: approved change order no. 24 to SUBJECT: ALLIANCE AIRPORT, PHASE II - CHANGE ORDER NO. 24 T.L. James and Company's contractIl RECOMMENDATION: It is recommended that the City Manager be authorized to execute Change Order No. 24 to T.L. James and Company's contract for Alliance Airport, Phase II improvements in the amount of $79,572.05 providing for those items necessary to convert Taxiway "B" to an alternate runway. DISCUSSION: On October 25, 1988 (M&C C-11265), the City Council awarded a construction contract to T.L. James and Company for 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 23 so that it currently stands at $23,385,378.43. PROPOSED CHANGE ORDER NO. 24: During the course of construction, it was decided to configure Taxiway "B" so that it might serve as an alternate runway in the event that the main runway was shut down. This arrangement offers great versatility in that maintenance operations on the airfield can be more easily scheduled and reduces down-time due to accident or incident. Major work items involve the addition of threshold light fixtures, runway lights, and Runway End Indicator Lights (REILS). The circuitry controls for the lights also requires redesign and installation. The total cost of all the items covered in this proposed change order is $79,572.05. PROJECT COST: Original Contract Amount: $19,820,408.70 Approved Change Orders #1 through #23: 3,564,969.73 Proposed Change Order #24: 79,572.05 Proposed Contract Amount: $23,464,950.48 Minutes of City Council 0-3 Page 140 141 TUESDAY, FEBRUARY 6, 1990 M&C C-12143 cont. Approval of proposed Change Order No. 24, along with previously approved change orders, will amount to an 18.4% increase in the original contract amount. IIM&C C-12143 adopted M&C C-12144 re amendments with Texas Jet, Inc. M&C C-12144 adopted M&C C-12145 re contract with Everage, Smith, Farrington and Associates, Inc. FINANCING: Sufficient funds are available in Grant fund 76, Project No. 218603-04, Alliance Airport, Phase II Construction, to finance this change order. The expenditure will be made from Index Code 400481. It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-12143, be adopted. There was presented Mayor and Council Communication No. C-12144 from the City Manager, as follows: SUBJECT: PROPOSED REVISIONS TO CITY SECRETARY CONTRACT NOS. 10048, 10824, 11813, AND 12168, WITH TEXAS JET, INC., AT MEACHAM AIRPORT RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute amendments to City Secretary Contract Nos. 10048, 10824, 11813, and 12168, with Texas Jet, Inc., under the terms described below: DISCUSSION: Under the terms of various contracts, Texas, Jet, Inc., leases land and improvements at Fort Worth Meacham Airport. Agreement has been reached with Texas Jet, Inc., to amend these contracts, under the following terms: City Secretary Contract No. 10048, Ground Lease with FBO privileges, FBO privileges, 10-1-78 - 9-30-2004, with one, 5 year option to renew 10824, Public Fueling and Tank Farm Agreement, 12-01-79 - 11-30-84, with two, 5 year op- tions to renew 11813, Ground Lease with FBO privileges, 7-27-81 - 7-26-2011, with two, 5 year options to renew 12168, Ground Lease for Sites C and D; 11-1-81 - 10-31-2011 r Terms of Amendment 1. Ground rental rate during the one, five year option period will be at the then -prevailing rate for unimproved property at the Airport. 1. Grant two, additional 5 year options to renew. 2. Change Fuel Flowage Fee: -Up to 1,000,000 gal. $0.07 per gal. -1,000,000 to 1,500,000 = $0.05 -1,500,000 to 2,000,000 = $0.03 -In excess of 2,000,000 = $0.02 1. Ground rental rate during each of the two, 5 year renewal periods would remain at the then -prevailing rate for unimproved property at the time first option is exercised. 1. Cancel lease and credit the amount of $210,000 against fees and rentals owed by Texas Jet, Inc., at approximately $70,000 annually, for 3 years; credit will be made on a monthly basis in the amount of $5,833, against fuel flowage fees; if these fees are insufficient, credit will be made against rentals owed under various contracts. FINANCING: No expenditure of city funds is required. It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-12144, be adopted. There was presented Mayor and Council Communication No. C-12145 from the City Manager stating that, in order for the City's new lessees, Aqua Golf and Queen Maria River Boat, to make needed improvements to the property they are leasing, the property must be platted and rezoned; that Everage, Smith, Farrington and Associates, Inc., will perform these services for an amount not to exceed $14,300.00; stating that funds are available in Lake Worth Trust Fund 70, Project No. 001002-00, Index Code 213603; and recommending that the City Manager be authorized to execute a contract with Everage, Smith, Farrington and Associates, Inc., for the surveying, platting, and zoning of the Casino Beach area of Lake Worth for an amount not to exceed $14,300.00. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council 0-3 Page 141 142 TUESDAY, FEBRUARY 6, 1990 r. Charlie Hillard Mr. Charlie Hillard, representing the Chamber of Commerce, appeared beforla the e F).ying3=Antiaque City Council regarding the concerns of the Chamber of Commerce as to whether or not viatiopz�Muteuw aviation services would be provided through the museum facility at Meacham Fie1j and stated that, if the Hospers satisfy the 501C3 status of the IRS, the Chamber of Commerce would see no reason not to grant such an attraction in the City of Fort Worth. City Manager Ivory advised the City Council of the request for the pro osed "through the fence operation" at Meacham Field will be given consideration. r. Elvin Bennett Mr. Elvin Bennett, 6208 Yolanda Drive, appeared before the City Counci and e leasing of golf expressed opposition to the leasing of golf courses. ourses r. Glenn Bradbury . There was presented Mayor and Council Communication No. FP -2655 from the City &C FP -2655 re Manager stating that the installation of Concrete Valley Gutters (89-1) Street his inal payment to Improvements has been completed in accordance with plans and specifications inder arrod Paving Contract No. 17124 awarded to Harrod Paving Company, Inc., on May 2, 1989 and ompany, Inc. recommending that the City Council accept as complete Concrete Valley Gutters 1 39-1) e bar ordinance Street Improvements and authorize final payment in the amount of $5,055.06 to H rrod Paving Company, Inc., with funds available in Street Improvements Fund 67, Retainage and Account No. 205-017124. It was the consensus of the City Council that the recommendations be adopted. s. Ch uckie Hospers Ms. Chuckie Hospers, Lieutenant Colonel Jim Zoeller, and Messrs. Bud Klint, orge e through the Savage, William Williamson, Colonel Randy Wilson and Dr. W.E. Hospers appeared b fore ence operation the City Council and requested that the City Council change the City of Fort W( rth's "through the fence operation" policy for the proposed establishment of a Flying Ani,ique Aviation Museum at Meacham Field. r. Charlie Hillard Mr. Charlie Hillard, representing the Chamber of Commerce, appeared beforla the e F).ying3=Antiaque City Council regarding the concerns of the Chamber of Commerce as to whether or not viatiopz�Muteuw aviation services would be provided through the museum facility at Meacham Fie1j and stated that, if the Hospers satisfy the 501C3 status of the IRS, the Chamber of Commerce would see no reason not to grant such an attraction in the City of Fort Worth. City Manager Ivory advised the City Council of the request for the pro osed "through the fence operation" at Meacham Field will be given consideration. r. Elvin Bennett Mr. Elvin Bennett, 6208 Yolanda Drive, appeared before the City Counci and e leasing of golf expressed opposition to the leasing of golf courses. ourses r. Glenn Bradbury Mr. Glenn Bradbury, 3825 Clayton Road West, appeared before the City Counci and e leasing of City expressed opposition to the leasing;of City golf courses and stated that, ii his olf courses opinion, he failed to see the ration of turning the golf course operatioll and maintenance over to an outside agency. r. Robert Snoke Mr. Robert Snoke, 3826 6th Avenue, Chairman of the Rosemont Neighborhood e bar ordinance Association, appeared before the City Council regarding the bar ordinance and requested that the ordinance be brought out of committee and brought before the City Council and requested that the zoning ordinance contain the following issues: 1. that the ordinance contain a 1,000 feet away from neighborhoo proximity; 2. that the way the distance is measured is from property line to propert line rather than door to door; and 3. that the City Council did not allow any grandfathering of any of th bars. Mr. Mick Grady, 1409 Laguna, representing Mothers Against Drunk Drivers, app ared r. Mick Grady re before the City Council and expressed his concerns regarding bars in the Hemphill ars along Corridor and the number of bars that have an alleged direct adverse effect the emphill neighborhood in this area and requested that the proposed ordinance regulat the proximity of the bars, regulate the measurement of the distance between bars and neighborhoods, and regulate how the non -confirmed establishments will be handled So as not to penalize the owners. r. Carlos Puente Mr. Carlos Puente, President of the Northside Neighborhood Association, appeared e bars on the before the City Council and expressed his concerns about the bars located i the or thside Northside area and advised the City Council of three incidents that has occurred since the Bar Committee was formed and of the closing of two bars and the reopening the bars, and requested the adoption of a curfew ordinance. City Manager Ivory informed the audience that the ordinance is ready o be presented to the City Council but that Council Member Chappell requested that lie be present at the time the ordinance is presented. City Attorney Adkins advised the City Council that some of the committee mil,mbers had requested additional information and that the ordinance could be presented to the City Council at the next meeting. City Attorney Adkins advised Mr. Puente that the matter regarding the curfew has been researched and that there are some court decisions regarding curfew ordinancet. et in closed or It was the consensus of the City Council that the City Council meet in clo ed or xecutive session executive session for the following purposes: 1. To discuss the following matter involving the purchase, exchange, leas or value of real property: Proposed Revision to City Secretary Contract No. 16588 with Rif Island Corporation for Fixed Base Operator Lease at Fort Wort Spinks Airport Minutes of City Council 0-3 Page 142 Met in closed or executive session. cont. Reconvened into regular session Adjourned Proposed Revision to City Secretary Contract No. 16589 with Rife Island Corporation for Public Fueling and Tank Farm Agreement at Fort Worth Spinks Airport as authorized by Section 2(f), Article 6252-17, V.A.C.S. The public discussion of such item would have a detrimental effect on the negotiating position of the City as between the City and a third person, firm or corporation. 2. To receive the advice of its attorney concerning the following matter which is protected from public disclosure by Canon 4, Code of Professional Responsibility of the State Bar of Texas, and Section 2(e), Article 6252-17, V.A.C.S.: legal issues concerning Southeast Landfill The City Council reconvened into regular session with all members present. There being no further business, the meeting was adjourned. CITY SECRETARY 1, x3 Minutes of City Council 0-3 Page 143