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HomeMy WebLinkAbout1990/02/13-Minutes-City CouncilCouncil Met Members present Invocation Pledge of Allegiance Minutes of Februar 6, 1990 approved Mr. Costis Toregas, presented award to Fire Chief'McMillen Proclamation - Fort worth Cowtown MArathon and 10K Day Withdrew M&C Nos. G-8382, G-8455, G-8469 Withdrew M&C PZ -157 Withdrew M&C OCS-8 Consent agenda approved Nominated Mr. Mark Waldkirch to the PIC CITY COUNCIL MEETING . FEBRUARY 13, 1990 On the 13th 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: 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: The invocation was given by The Reverend Lou Ann Howard, Hospice, Inc. The Pledge of Allegiance was recited. On motion of Council Member Webber, seconded by Council Member Garrison, the minutes of the meeting of February 6, 1990, were approved. Mr. Costis Toregas, President of Public Technology, Inc., presented to Fire Chief Larry McMillen the Technology Achievement Award of Public Technology, Inc., for fire safety and emergency preparedness innovations and to Assistant to the City Manager Rod Granby the Technology Transfer Award. A proclamation for Fort Worth Cowtown Marathon and 10K Day was presented to Mr. Jim Gilliland, Dr. Stan Weiss, and Mrs. Beverly Weiss. City Manager Ivory requested that Mayor and Council Communication Nos. G-8382, G-8455, and G-8469 be withdrawn from the agenda. Council Member Granger requested that Mayor and Council Communication No. PZ -1571 be withdrawn from the consent agenda. City Manager Ivory requested that Mayor and Council Communication No. OCS-82 be withdrawn from the consent agenda. On motion of Council Member. Garrison, seconded by Council Member Webber, the consent agenda, as amended, was approved. Mayor Pro tempore Gilley nominated Mr. Mark Waldkirch as a representative of the Haltom -Richland Chamber of Commerce and made a motion, seconded by Council Member Zapata, that Mr. Waldkirch be reappointed to Seat 10 on the Private Industry Council. When the motion was put to a vote by the Mayor, it prevailed unanimously. Minutes of City Council 0-3 Page 143 144 TUESDAY, FEBRUARY 13, 1990 Congratulated Mayor Pro tempore Gilley extended the congratulations of the City Council and the Council Member City of Fort Worth to Council Member Zapata for his election as Chairman of the Zapata as Chairman Dallas/Fort Worth International Airport Board. Dallas/Fort Worth Int'l Airport Boaril Council Member Garrison introduced a resolution and made a motion that it be Introduced a adopted. The motion was seconded by Council Member Zapata. The motion, carrying with Resolution 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. 1504 1504 RESOLUTION APPROVING A RESOLUTION OF SUNBELT INDUSTRIAL DEVELOPMENT CORPORATION WITH RESPECT TO THE ISSUANCE OF BONDS TO FINANCE FACILITIES FOR USE BY PAGE AVJET CORPORATION WHEREAS, the City of Fort Worth, Texas (the "City") has authorized and approved the creation of Sunbelt Industrial Development Corporation (the "Corporation") to act on behalf of the City to further certain public purposes of the City, all in accordance with the Development Corporation Act of 1979, as amended (the "Act"); and WHEREAS, on February 13, 1990, the Corporation adopted a resolution captioned "Resolution with respect to the Issuance of Bonds to Finance Facilities for Use by Page Avjet Corporation" (the "Inducement Resolution"); and WHEREAS, the Inducement Resolution evidences the intent of the Corporation to issue bonds to finance the costs of the facilities described in the Inducement Resolution, in accordance with the terms of the Inducement Resolution; and WHEREAS, the Bylaws of the Corporation require that the City must approve the issuance of bonds in excess of $10,000,000 in aggregate principal amount; and WHEREAS, it is deemed necessary and advisable to adopt this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Section 1. That the Inducement Resolution, in the form attached hereto and made a part hereof for all purposes, is hereby approved; that the issuance of bonds at any one time in an aggregate principal amount in excess of $10,000,000, is hereby authorized; and that the facilities described in the Inducement Resolution, including specifically their location at Meacham Field, are hereby approved. Section 2. That the Corporation is authorized to proceed to effect the issuance of bonds, subject to the approval by the City of the resolution issuing the bonds, as required by the Act. Section 3. That this Resolution shall become effective immediately upon its adoption. M&C OCS-80 First There was presented Mayor and Council Communication No. OCS-80 from the Office of Reading Tally the City Secretary stating that Ordinance No. 10488 was adopted on first reading on Addition January 9, 1990, annexing 1.055 acres of Tally Addition and that said ordinance was published in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, Texas, on January 10, 1990, and, more than 30 days having elapsed since publication, recommending that the City Council adopt Ordinance No. 10488 on second and Introduced an final reading. Council Member Zapata introduced Ordinance No. 10488 and made a motion ordinance that it be adopted on second reading. 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: Minutes of City Council 0-3 Page 144 145 TUESDAY. FEBRUARY 13, 1990 Ordinance No. ORDINANCE NO. 10488 10488 AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT WORTH; PROVIDING FOR THE ANNEXATION OF A CERTAIN 1.055 ACRES (0.0016 SQUARE MILES) OF LAND, MORE OR LESS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT CORPORATE BOUNDARY LIMITS OF FORT WORTH, TEXAS; PROVIDING THAT THE TERRITORY ANNEXED SHALL BEAR ITS PRO RATA PART OF TAXES; PROVIDING THAT THE INHABITANTS THEREOF SHALL HAVE ALL THE PRIVILEGES OF ALL THE CITIZENS OF FORT WORTH, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL AMEND EVERY PRIOR ORDINANCE IN CONFLICT HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT CONFLICT; PROVIDING FOR SEVERABILITY AND NAMING AN EFFECTIVE DATE. WHEREAS, a public hearing before the City Council of the City of Fort Worth, Texas, wherein all interested persons were provided an opportunity to be heard on the proposed annexation of the territory hereinafter described, was held in the City Council Chambers, on the 5th day of December, 1989, which date was not more than forty (40) days nor less than twenty (20) days prior to institution of annexation proceedings; and WHEREAS, a second public hearing before the City Council of the City of Fort Worth, Texas, wherein all interested persons were provided an opportunity to be heard on the proposed annexation of the territory hereinafter described, was held in the City Council Chambers in the Municipal Office Building of Fort Worth, Texas, on the 19th day of December, 1989, which date was not more than forty (40) days nor less 'than twenty (20) days prior to the institution of annexation proceedings; and WHEREAS, notice of the first such public hearing was published in a newspaper having general circulation in the City of Fort Worth, Texas, and in the hereinafter described territory on the 22nd day of November, 1989, which date was not more than twenty (20) days nor less than ten (10) days prior to the date of said such public hearing; and WHEREAS, notice of the second such public hearing was published in a newspaper having general circulation in the City of Fort Worth, Texas, and in the hereinafter described territory on the 6th day of December, 1989, which date was not more than twenty (20) days nor less than ten (10) days prior to the date of said public hearing; and WHEREAS, prior to the publication of the notices of public hearings, a Service Plan providing for the extension of municipal services into the hereinafter described territory was prepared for inspection by and explanation to the inhabitants of the area to be annexed; and WHEREAS, the population of the City of Fort Worth, Texas is in excess of 100,000 inhabitants; and WHEREAS, the hereinafter described territory lies within the exclusive extraterritorial jurisdiction of the City of Fort Worth, Texas; and WHEREAS, ther hereinafter described territory lies adjacent to and adjoins the City of Fort Worth, Texas; and WHEREAS, the hereinafter described territory contains 1.055 acres (0.0016 square miles) of land, more or less; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 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: Being 1.055 acres of land located in the Thomas Walden Survey, Abstract No. 1921, Tarrant County, Texas, being a portion of the tract of land conveyed to Curtis Tally, Richard Tally and Nancy Reynolds by the deed recorded in Volume 3849, Page 322 of the Deed Records of Tarrant County, Texas. Said 1.055 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 " iron rod at the intersection of the South right-of-way line of Keller -Haslet Road (Farm -to -Market 4042) with the East right-of-way line of Interstate Highway No. 35-W; Minutes of City Council 0-3 Page 145 146 TUESDAY, FEBRUARY 13, 1990 rdinance No. THENCE S 890 50' 23" E, 200.06 feet along the South right-of-way line of said 0488 cont. Keller -Haslet Road to a 5/8 iron rod; THENCE S 000 03' 42" W, 180.94 feet departing said South right-of-way line to a 5/8" iron rod; THENCE N 840 50' 52" W, 305.04 feet generally following a fence to a 5/8" iron rod in the East right-of-way line of aforesaid Interstate Highway No. 35-W; THENCE along the East right-of-way line of said Interstate Highway No. 35-W as follows: 1. N 10° 38' 07" E, 81.88 feet to a Texas Highway Department Monument; 2. N 50° 20' 50" E, 115.38 feet to the PLACE OF BEGINNING containing 1.055 acres of land. SECTION 2. That the above described territory is shown on Map Exhibit "A" which is attached hereto and expressly incorporated herein by reference for the purpose of illustrating and depicting the location of the hereinabove described territoryd - SECTION 3. That the above described territory hereby annexed shall be part of the City of Fort Worth, Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by the City of Fort Worth, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens in accordance with the Service Plan and shall be bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth, Texas. SECTION 4. That attached hereto, marked Exhibit "X" and incorporated herein for all purposes incident hereto, is a Service Plan providing for the extension of municipal services into the area to be annexed, said Service Plan having been prepared prior to publication of the notices of hearings prescribed under Section 43.056 of the Texas Local Government Code, and having been made available at said hearings for inspection by and explanation to the inhabitants of the area to be annexed. SECTION 5. That this ordinance shall and does amend every prior ordinance in conflict herewith, but as to all other ordinances or sections of ordinances not in direct conflict, this ordinance shall be, and the same is hereby made cumulative. SECTION 6. That it is hereby declared to be the intent of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. That this ordinance shall be in full force and effect from and after the date of its passage on second reading as provided for in Section 35 of Chapter XXVII of the Charter of the City of Fort Worth, Texas, and it is so ordained. EXHIBIT X CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Name and Acreage Annexed: Tally Addition 1.055 Acres Location: Southeast corner of I -35W (North) & Keller -Haslet Road (Co.Rd. #4042) County: Tarrant Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Fort Worth, Texas, at the following levels and in accordance with the following schedule: Minutes of City Council 0-3 Page 146 14'7 TUESDAY. FEBRUARY 13 1990 Ordinance No. A. Police Protection Service 10488 cont. (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. (3) The City's zoning, subdivision, sign, mobile home, junk yard and other ordinances shall be enforced in this area beginning on the effective date of the annexation ordinance. (4) All inspection services furnished by the City of Fort Worth, but not mentioned above, will be provided to this area beginning on the effective date of the annexation ordinance. (5) As development and construction commence within this area, sufficient personnel will be provided to furnish this area the same level of environmental health and code enforcement services as are furnished throughout the City. D. Planning and Zoning Services The planning and zoning jurisdiction of the City will extend to this area on the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and General Plan. E. Recreation and Leisure Services (1) Residents of this property may utilize all existing recreational and leisure service facilities and sites throughout the City, beginning with the effective date of this ordinance. (2) Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans, policies and programs and decisions of the City of Fort Minutes of City Council 0-3 Page 147 118 TUESDAY, FEBRUARY 13, 1990 Ordinance No. Worth. This property will be included in all plans for providing recreation 10488 cont. 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. H. Water Services (1) Connection to existing City water mains for domestic water service to serve residential, commercial, and industrial use within this property will be provided in accordance with existing City ordinances and policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service at the normal rates charged throughout the city. (2) As development and construction of subdivisions commence within this property, water mains of the City will be extended by the property owner in accordance with provisions of the Subdivision Ordinance and other applicable policies, ordinances, and regulations. City participation in the costs of these extensions shall be in accordance with applicable City policies, ordinances, and regulations. Such extensions will commence within two and one-half (2-1/2) years from the effective date of the annexation ordinance, and/or upon commencement of development of a subdivision within this property, whichever occurs later. I. Sanitary Sewer Services (1) Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City ordinances and policies. Upon connection, to existing sanitary sewer mains, sanitary sewage service will be provided at rates established by City ordinances for such service at the normal rates charged throughout the City. (2) As development and construction of subdivisions commence within this property, sanitary sewer mains of the City will be extended by the property owners in accordance with provisions of the Subdivision Ordinance and other applicable policies, ordinances, and regulations. City participation in the Minutes of City Council 0-3 Page 148 149 TUESDAY, FEBRUARY 13, 1990 Ordinance No. costs of these extensions shall be in accordance with applicable City 10 488 cont. 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-81 Claims There was presented Mayor and Council Communication No. OCS-81 from the Office of the City Secretary submitting notice of claims for alleged damages and/or injuries and recommending that the claims be referred to the Risk Management Department, as follows: Dale Wayne Jones 1. Claimant: Dale Wayne Jones Date Received: February 1, 1990 Date of Incident: August 8, 1989 Attorney: Bishop, Payne, Lamsens, Williams & Werley (S. Gary Werley) Location of Incident: Intersection of 4800 Golden Triangle Boulevard and 10900 Alta Vista Road Estimate of Damages/ Injuries: $500,000.00 Nature of Incident: Claimant alleges damages and injuries as the David W. Bonner result of tall uncut weeds and grass obstructing view of intersection and failure of City to maintain stop sign causing a collision. Devany John Blan" 2. Claimant: Devany Jahn Blankenship kenshi p Date Received: February 5, 1990 Date of Incident: January 3, 1990 Location of Incident: Polywebb & Little Road Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages and injuries as the result of an accident involving a City -owned vehicle (truck). William 0. Coats 3. Claimant: William 0. Coats Date Received: February 6, 1990 Date of Incident: November 12, 1989 Location of Incident: 3201 Chaparral Lane Estimate of Damages/ Injuries: $1,046.68 - $1,391.68 Nature of Incident: Claimant alleges damages as the result of a water main break. Wanda Faye Malone 4. Claimant: Wanda. Faye Malone Date Received: February 2, 1990 Date of Incident: August 16,.1989 Attorney: Joe W. Byrd (Jan Trautmann) Location of Incident: 300 Eads, Dallas, Texas Estimate of Damages/ Injuries: $500,000.00 Nature of Incident: Claimant alleges damages to her automobile as the result of an accident involving a vehicle. David W. Bonner 5. Claimant: David W. Bonner Date Received: February 10, 1990 Date of Incident: January 10, 1990 Location of Incident: 632 Wichita St. Estimate of Damages/ Injuries: $283.41 - $327.66 Nature of Incident: Claimant alleges damages to his automobile as the result of street conditions. Mr. '& Mrs. Frank 6. Claimant: Mr. & Mrs. Frank M. Sylvester M. Sylvester Date Received: February 2, 1990 Date of Incident: December 10, 1989 Location of Incident: 3509 Park Hollow Estimate of Damages/ Injuries: $2,161.40 Nature of Incident: Claimants allege damages to their home as the result of a water main break. Minutes of City Council 0-3 Page 149 150 TUESDAY, FEBRUARY 13, 1990 Wade Scarbrough 7. Claimant: Wade Scarbrough Date Received: February 1, 1990 Date of Incident: Undeclared Location of Incident: Intersection Seminary and Campus Estimate of Damages/ Injuries: -$838.11 - $963.58 Nature of Incident: Claimant alleges damages to his automobile as the result of an accident involving a City -owned vehicle (truck). Ruth E. Schumann 8. Claimant: Ruth E. Schumann Date Received: February 1, 1990 Date of Incident: December 31, 1989 Location of Incident: A few feet from the door of the Convention Center Estimate of Damages/ - Injuries: $180.40 - $280.70 Nature of Incident: Claimant alleges injuries as the result of a fall. Duane young 9. Claimant: Duane Young Date Received: February 1, 1990 Date of Incident: January 18, 1990 Location of Incident: 500 block of Flint St. Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages to his automobile as the result of street conditions. M&C OCS-81 adopted It was the consensus of the City Counci 1 that the recommendation be adopted. M&C OCS-82 re There was presented Mayor and Council Communication No. OCS-82 from the Office of Liability Bonds the City Secretary submitting liability bonds and recommending that the City Council authorize acceptance or cancellation of liability bonds, as follows: CONTRACTOR'S BOND INSURANCE COMPANY The Craftsmen, Inc. Gulf Insurance Company CEMENT BONDS Big D Construction Western Surety Company Ellis Horn dba E & K General Western Surety Company Contractors, Inc. Karl Koch dba Koch Construction Lawyers Surety Corporation Bart Conteras dba Bartco Concrete Lawyers Surety Corporation Dario C. Villarreal dba D.V. Concrete Lawyers Surety Corporation CANCELLATIONS CEMENT BOND CANCELLATION DATE INSURANCE COMPANY Reyes Hernandez 2-7-90 Merchants Bonding Company #TX 310206 (Mutual) Council Member Webber requested permission to abstain from voting on OCS-82, Liability Bond Approval or Cancellation, inasmuch as she has a relative associated with The Craftsmen, Inc. Council Member Garrison made a motion, seconded by Council Member Granger, that Council Member Webber be permitted to abstain from voting on OCS-82. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Council Member Garrison made a motion, seconded by Council Member McCray, that the recommendation, as contained in OCS-82, be approved. When the motion was put to a vote by the Mayor Pro tempore, it prevailed by the following vote: AYES: Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, and McCray NOES: None ABSENT: Mayor Bolen and Council Member Chappell NOT VOTING: Council Member Webber Benefit Hearing It appearing to the City Council that the City Council on January 16, 1990, set M&C G-8455 with- today as the date for the benefit hearing in connection with the assessment paving of drawn I Calmont Avenue from La Palma Drive to Las Vegas Trail and that notice of the hearing has been given by publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, Texas, on January 22, 23, and 24, 1990, Mayor Pro tempore Gilley asked if there was anyone present desiring to be heard. Minutes of City Council 0-3 Page 150 151 TUESDAY, FEBRUARY 13, 1990 &C G-8455 cont. At the request of City Manager Ivory, the benefit hearing on the assessment paving of Calmont Avenue from La Palma Drive to Las Vegas Trail and Mayor and Council Communication No. G-8455 were withdrawn from the agenda. Benefit Hearing It appearing to the City Council that the City Council on January 16, 1990, set M&C G-8458 today as the date for the benefit hearing in connection with the assessment paving of Weiler Boulevard from Norma Street to Meadowbrook Drive and that notice of the hearing has been given by publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, Texas, on January 22, 23, and 24, 1990, Mayor Pro tempore Gilley asked if there was anyone present desiring to be heard. Mrs. Martha Lunday re M&C G-8458 Mrs. Martha Lunday, representing the Department of Transportation and Public Works, appeared before the City Council and called attention of the City Council to Mayor and Council Communication No. G-8458, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF WEILER BOULEVARD FROM NORMA STREET TO MEADOWBROOK DRIVE, PROJECT NO. 67-040132-00 RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abutting property is specially benefited in enhanced value in excess of the amount assessed for the improvement of Weiler Boulevard from Norma Street to Meadowbrook Drive. Ai.M M11to] kiC The 1986 Capital Improvement Program approved in March, 1986, included funds for the improvement of Weiler Boulevard from Norma Street to Meadowbrook Dri ve. On January 16, 1990 (M&C G-8421), the City Council established February 13, 1990, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. The project is located in Council District 4. PROPOSED IMPROVEMENTS: It is proposed to improve this segment of Weiler Boulevard by constructing six-inch thick reinforced concrete pavement with seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade so that the finished roadway will be thirty feet wide on a fifty foot right-of-way. Six-inch thick concrete driveway approaches will be constructed where shown on the plans. ASSESSMENTS: This street has previously been constructed to City standards; therefore, in accordance with the Assessment Paving Policy, properties zoned and used for one and two-family residences are not being assessed. An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. Based on standard City policy, the City Engineer's estimate, and the advice of the independent appraiser, the cost of the construction has been computed at $16,917.87 (13%) for the property owners and $110,462.13 (87%) for the City of Fort Worth at large. Addition be assessed $1,310.00; Lot 4, Block 1, Wildwood Estates Addition be assessed Granger, McCray, and Webber NOES: None Minutes of City Council 0-3 Page 151 The independent appraisal substantiates that, as a result of the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment. Mrs. Lunday advised Mrs. Lunday advised the City Council that the report of Mr. Robert Martin regarding Council of a report enhancements to property adjacent to Weiler Boulevard from Norma Street to Meadowbrook from Mr. Robert Drive has been presented to the City Council. Martin M&C G-8458 There being no one present- desiring to be heard, Council Member Granger made a motion, seconded by Council Member McCray, that the hearing be closed and the assessment be levied as recommended except that Lots 2 and 3, Block 1, Wildwood Estates Addition be assessed $1,310.00; Lot 4, Block 1, Wildwood Estates Addition be assessed $1,200.00; and Lot J, Block 4, Forty Oaks Addition be assessed $6,810.00. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Introduced an i. Council Member Granger introduced an ordinance and made a motion that it be ordinance adopted. The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, and Webber NOES: None Minutes of City Council 0-3 Page 151 152 TUESDAY, FEBRUARY 13, 1990 ABSENT: Mayor Bolen and Council Member Chappell The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10513 10513 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF WEILER BOULEVARD, FROM NORMA STREET TO MEADOWBROOK DRIVE, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF; RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Benefit hearing It appearing to the City Council that the City Council on January 16, 1990, set M&C G-8454 today as the date for the benefit hearing in connection with the assessment paving of Bryant Irvin Road from 292 feet north of Bellaire Drive South to the Trinity River and that notice of the hearing has been given by publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, Texas, on January 22, 23, and 24, 1990, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public re M&C G-8454 Works, appeared before the City Council and called attention of the City Council to Mayor and Council Communication No. G-8454, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF BRYANT IRVIN ROAD FROM 292' N. OF BELLAIRE DRIVE SOUTH TO THE TRINITY RIVER (PROJECT NO. 67-023205-00) RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abutting property is specially benefited in enhanced value in excess of the amount assessed for the improvement of Bryant Irvin Road from 262' N. of Bellaire Drive South to the Trinity River. - DISCUSSION: The 1986 Capital Improvement Program approved in March, 1986, included funds for the improvement of Bryant Irvin Road from Bellaire Drive South to the Trinity River. This project consists of the southbound lane only; the northbound lane was completed under a previous project. This project will complete a divided boulevard from I-20 to the Trinity River. On January 16, 1990 (M&C G-8422), the City Council established February 13, 1990, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. The project is located in Council District 3. PROPOSED IMPROVEMENTS: It is proposed to improve this segment of Bryant Irvin Road by constructing a seven-inch thick reinforced concrete pavement with seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade so that the finished southbound roadway will be twenty-six feet wide within the overall one -hundred and twenty foot right-of-way. Six-inch thick concrete driveway approaches and four -inch thick concrete sidewalks will be constructed where shown on the plans. Drainage structures will be installed where necessary. ASSFSSMFNTS! An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. Based on standard City policy, the low bid price, and the advice of the independent appraiser, the cost of the construction has been computed at $236,568.67 (57%) for the property owners, $30,250.00 (7%) for the Developer, and $148,122.27 (36%) for the City of Fort Worth at large. The independent appraisal substantiates that, as a result of the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment. Minutes of City Council 0-3 Page 152 153 TUESDAY, FEBRUARY 13, 1990 Mrs. Lunday advised Mrs. Lunday advised the City Council that the report of Mr. Robert Martin regarding Council of the enhancements to property adjacent to Bryant Irvin Road from 262 feet north of Bellaire report from Mr. Robert Martin M&C G- Drive South to the Trinity River has been presented to the City Council. G-8454 There being no one present desiring to be heard, Council Member Garrison made a motion, seconded by Council Member McCray, that the hearing -be closed and assessments levied. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member Garrison introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor 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. 10514 10514 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF BRYANT IRVIN ROAD, THE SOUTH BOUND LANE, FROM TWO HUNDRED NINETY TWO FEET NORTH OF BELL IRE DRIVE SOUTH APPROXIMATELY TWO HUNDRED FEET SOUTH OF THE TRINITY RIVER, AND PORTIONS OF OTHER STREETS, AVENUES AND PUBLIC PL CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING TO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. Benefit Hearing It appearing to the City Council that the City Council on January 16, 1990, set re M&C G-8457 today as the date for the benefit hearing in connection with the assessment paving of Meadowbrook Drive from Watson Road to Emily Drive and from Maryel Drive to East Loop 820 and that notice of the hearing has been given by publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, Texas, on January 22, 23, and 24, 1990, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public re M&C G-8457 Works, appeared before the City Council and called attention of the City Council to Mayor and Council Communication No. G-8457, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF MEADOWBROOK DRIVE FROM WATSON ROAD TO EMILY DRIVE AND FROM MARYEL DRIVE TO EAST LOOP 820 (PROJECT NO. 67-040132-00) RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abutting property is specially benefited in enhanced value in excess of the amount assessed for the improvement of Meadowbrook Drive from Watson Road to Emily Drive and from Maryel Drive to East Loop 820. DISCUSSION: The 1986 Capital Improvement Program approved in March, 1986, included funds for the improvement of Meadowbrook Drive from Watson Road to East Loop 820. The section between Emily Drive and Maryel Drive was recently constructed under a separate contract. On January 16, 1990 (M&C G-8423), the City Council established February 13, 1990, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. The project is located in Council District 4. PROPOSED IMPROVEMENTS: It is proposed to improve this segment of Meadowbrook Drive by constructing an eight -inch thick reinforced concrete pavement with seven-inch high attached concrete curb on a six-inch thick lime -stabilized subgrade so that the finished roadway width will vary from thirty-six to fifty-two feet on a Minutes of City Council 0-3 Page 153 151 TUESDAY, FEBRUARY 13, 1990 &C, G-8457 cont. variable width right-of-way. Six-inch thick concrete driveway approaches and four -inch thick concrete sidewalks will be constructed where shown on the plans. ASSFSSMFNTSt This street has previously been constructed to City standards; therefore, in accordance with the Assessment Paving Policy, properties zoned and used for one and two-family residences are not being assessed. An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. Based on standard City policy, the City Engineer's estimate, and the advice of the independent appraiser, the cost of the construction has been computed at $251,413.07 (16%) for the property owners and $1,293,052.93 (84%) for the City of Fort Worth at large. The independent appraisal substantiates that, as a result of the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment. Mrs. Lunday advised Mrs. Lunday advised the City Council that the report of Mr. Robert Martin regarding Council of the re- port from Mr. enhancements to property adjacent to Meadowbrook Drive from Watson Road to Emily Drive Robert MartinM&C and from Maryel Drive to East Loop 820 has been presented to the City Council. 57 Mr. Wallace Mr. N.B. Wallace,.920 Lockspur, franchisee of the McDonald's at Meadowbrook and Mr. N.B.N. re M&C G-8457 Interstate 820, appeared before the City Council and expressed opposition to the assessments proposed to be levied for the paving of Meadowbrook Drive from Maryel Drive to East Loop 820 and requested that the paving project be delayed for six months to one year. r. Gary Santerre Mr. Gary Santerre, Director of the Transportation and Public Works Department, e M&C G-8457 appeared before the City Council and advised the City Council that the construction of Meadowbrook Drive from Maryel Drive to East Loop 820 will not take place until summer or late summer and that the project will be divided into segments with each segment being completed before the next part of the street is paved in order to reduce inconvenience to the users of the street. r. Larry Hoffman Mr. Larry Hoffman, 1705 Rockview Court, owner of Tract Al, James B. Martin Survey, e M&C G-8457 appeared before the City Council and expressed opposition to the assessment paving of Meadowbrook Drive from Maryel Street to I-820. There being no one else present desiring to be heard, Council Member Granger made a motion, seconded by Council Member McCray, that the hearing be closed and that the assessments be levied as recommended except that no assessments be levied against Tract 24A, 25B, 26A, 26A-1, and 26A-2, Garrison Mitchell Survey, and Lot 2R, Blackburn Terrace Addition; that the assessment against Lot J, Block 4, Forty Oaks Addition be levied at $4,790.00; that the assessment against Lot 4, Block 1, Wildwood Estates Addition be levied at $5,950.00; that assessment against Lot 5R, Block 1, Wildwood Estates Addition be levied at $1,640.00; that the assessment against Lot A, W.E. Riley Addition be set at $8,000.00; and the assessments against Lot B1, W.F. Howell Survey be levied at $2,350.00. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Introduced an Council Member Granger introduced an ordinance and made a motion that it be ordinance adopted. The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor 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. 10515 ORDINANCE N0. 10515 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF MEADOWBROOK DRIVE, FROM WATSON ROAD TO EMILY DRIVE, AND FROM MARYEL DRIVE TO EAST LOOP 820, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF; RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Minutes of City Council 0-3 Page 154 155 TUESDAY, FEBRUARY 13. 1990 Benefit Hearing It appearing to the City Council that the City Council on January 16, 1990, set M&C G-8456 today as the date for the benefit hearing in connection with the assessment paving of East 1st/4th Street from Riverside Drive to Beach Street and that notice of the hearing has been given by publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, Texas, on January 22, 23, and 24, 1990, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Lunday re M&C G-8456 Mrs. Martha Lunday, representing the Department of Transportation and Public Works, appeared before the City Council and called attention of the City Council to Mayor and Council Communication No. G-8456, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF EAST 1ST/4TH STREET FROM RIVERSIDE DRIVE TO BEACH STREET (PROJECT NO. 67-023144-00) RECOMMENDATION: . It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abutting property is specially benefited in enhanced value in excess of the amount assessed for the improvement of East 1st/4th Street from Riverside Drive to Beach Street. DISCUSSION: The 1986 Capital Improvement Program approved in March, 1986, included funds for the improvement of East 1st/4th Street, from Riverside Drive to Beach Street. On October 25, 1983 (M&C G-5794), the City Council approved State Department of Highway and Public Transportation's Minute Order No. 8116900025 dated August 15, 1983, providing for the construction of this project. Under the terms of the Minute Order, the City agreed: 1. To furnish all required right-of-way clear of obstruction with acquisition procedures in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property; 2. To provide for the adjustment of utilities as required; and 3. To provide for the construction of continuous curbs and gutters, storm sewers, driveways and sidewalks, all as required and all in accordance with governing policies and regulations of the State Department of Highways and Public Transportation for a fixed amount of $363,029.35, not to be adjusted to actual bid prices. This project is part of the State Department of Highways and Public Transportation's Urban System Program. The SDHPT will pay for the cost of the roadway and will administer and inspect the construction of the improvements. On January 16, 1990 (M&C G-8424), the City Council established February 139 1990, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. The project is located in Council District 8. PROPOSED IMPROVEMENTS: It is proposed to improve this segment of East 1st/4th Street by constructing a seven-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb all on a two-inch thick asphaltic concrete base over an eight -inch thick lime stabilized subgrade so that the finished roadway will vary from forty-eight to sixty -feet wide on a variable width right-of-way. Six-inch thick concrete driveway approaches will be constructed where specified on the plans. Drainage facilities will be constructed as necessary. ASSESSMENTS: This street has not previously been constructed to City standards and is located in a CDBG Target Area; therefore, in accordance with the Assessment Paving Policy, properties zoned and used for one- and two-family residences are not being assessed. An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. Based on standard City policy, the City Engineer's estimate, and the advice of the independent appraiser, the cost of the construction has been computed at $76,956.45 (22%) for the property owners and $286,072.90 (78%) for the City of Fort Worth at large. Minutes of City Council 0-3 Page 155 156 TUESDAY, FEBRUARY 13, 1990 M&C G-8456 cont. The independent appraisal substantiates that, as a result of the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment. Mrs. Lunday ad Mrs. Lunday advised the City Council that the report of Mr. Robert Martin regarding vi sed Council of enhancements to property adjacent to East 1st/4th Street from Riverside Drive to Beach the report from Street has been presented to the City Council. Mr. Robert Martin M&C G-8456 Mr. Gary McDowell, 3828 East 1st Street, appeared before the City Council and Mr. Gary McDowell expressed opposition to the assessment for curbs and gutters of property adjacent to re M&C G-8456 East 1st/4th Street from Riverside Drive to Beach Street. Mr. Gary Santerre Mr. Gary Santerre, representing the Department of Transportation and Public Works, re M&C G-8456 appeared before the City Council regarding the City of Fort Worth's policy for the levying of assessments for curbs and gutters. Mr. Orville 1. Mr. Orville L. Neystel, 3820 East 1st Street, owner of Lots 14D, 14E, and 14F, Neystel re M&C Block 1, Page's Eastside Addition, which property is adjacent to East 1st/4th Street G-8456 from Riverside Drive to Beach Street, appeared before the City Council and expressed opposition to the assessments being levied for the paving. There being no one else present desiring to be heard, Council Member Garrison made a motion, seconded by Council Member Webber, that the hearing be closed and that the assessments be levied as recommended. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. 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. 10516 . 10516 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF EAST 1ST/ 4TH STREET, FROM RIVERSIDE DRIVE TO BEACH STREET, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING TO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. M&C G-8382 re There was presented Mayor and Council Communication No. G-8382, dated January 2, Withdrew from 1990, from the City Manager stating that the 1986-88 Capital Improvement Program agenda approved by the voters March 25, 1986, included $105,000.00 for the City's share of cost of improving Fairway Drive from High Point to dead end, in Council District 8; that the street has never been constructed to City standards and is not located in a CDBG Target Area; therefore, assessments would be levied against property zoned and used for single family and duplex residences; that, in accordance with the provisions of the Assessment Paving Policy, the staff has conducted a poll of the property owners of the street, with the following results: FOR NO RESPONSE AGAINST (FRONT FEET) (FRONT FEET) (FRONT FEET) Fairway Drive 0 (0%) 1350 (50%) 1350 (50%) That the policy provides that it will be assumed that owners who do not respond to a poll do not oppose the project and staff is reluctant to pursue an assessment project that has no positive support among the property owners; that, "The Council shall have the right to abandon or modify a project if, in the Council's opinion, conditions materially change so that the project as originally proposed is unwise or unnecessary, and that in that event, the Council may direct that the bond proceeds be expended for other projects within the voted purpose of the bonds"; and recommending that the City Council approve the deletion of Fairway Drive from High Point to dead end from the 1986-88 Capital Improvement Program and the reallocation of the project funding of $105,000.00 to the Council District 8 Undesignated Account. It was the consensus of the City Council that Mayor and Council Communication No. G-8382 be withdrawn from the agenda. Minutes of City Council 0-3 Page 156 157 TUESDAY, FEBRUARY 13, 1990 M&C G-8459 re There was presented Mayor and Council Communication No. G-8459 from the City reduction of Manager stating that, for many years, the Fort Worth Chamber of Commerce, the Fort rental for the Worth Farm and Ranch Club, and the Tarrant County Junior Livestock Association have Tarrant County sponsored the Tarrant County Junior Livestock Show and Sale at Will Rogers Memorial Junior Livestock Center; that this event has been held in the Swine Barn with one move -in day and two Show and Sale show days; that, over the years, their rate has increased from $30.00 to $550.00 for the three-day period; that the normal rental for the space is $850; and recommending that the City Council approve the reduction rental of $550.00 for the named organizations to hold the Tarrant County Junior Livestock Show and Sale at Will Rogers Memorial Center in the Swine Barn, with the understanding by both parties that these rates will continue to increase until they equal the normal rental. It was the consensus of the City Council that the recommendation be adopted. M&C G-8460 re retention of Gandy There was presented Mayor and Council Communication No. G-8460 from the City Michener, Swindle, Manager stating that the City of Fort -Worth has various suits pending in which City Whitaker and Pratt employees seek to recover money damages for loss of hearing ability alleged to be the as outside counsel result of employment activities experienced while employed by the City; that the nature of litigation is very complex, and it is of extraordinary importance that the City retain outside legal counsel; that the members of the law firm of Gandy, Michener, Swindle, Whitaker and Pratt are recognized as having the knowledge and expertise in the field of medical litigation; that the firm has agreed to assist the City Attorney with the City's representation in these cases on an interim basis for a total estimated cost not to exceed $65,000.00; that funds are available in Workers' Compensation Insurance Fund 73, Account No. 15-73-10, Index Code 395004; and recommending that the City Council retain the law firm of Gandy, Michener, Swindle, Whitaker and Pratt, as outside counsel, pursuant to Section 3, Chapter VI, of the City Charter, to assist the City Attorney on an interim basis in the preparation and presentation of the City's interests in certain Workers' Compensation hearing loss cases; and that a resolution be adopted fixing in advance, as far as practicable, the compensation to be paid to Gandy, Michener, Swindle, Whitaker and Pratt for their services, in an amount not to exceed $65,000.00. It was the consensus of the City Council that the recommendations be 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. 1505 1505 WHEREAS, the City of Fort Worth has become involved in litigation under the Workers' Compensation laws of the State of Texas; and WHEREAS, the said litigation concerns lawsuits filed by City employees who are seeking to recover money damages for alleged loss of hearing ability alleged to be the result of employment activities experienced while employed by the City; and WHEREAS, the nature of the litigation is extremely complex and it is of extraordinary importance that the City retain outside legal counsel with specialized knowledge and expertise in medical related litigation to assist the City Attorney on an interim basis in these disputes; and WHEREAS, the members of the law firm of Gandy, Michener, Swindle, Whitaker and Pratt are well recognized as having the knowledge and expertise in the field of medical litigation; and WHEREAS, the law firm of Gandy, Michener, Swindle, Whitaker and Pratt have agreed to assist and consult with the City Attorney in the preparation and trial of said suits as needed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the law firm of Gandy, Michener, Swindle, Whitaker and Pratt be retained as outside counsel pursuant to Chapter VI, Section 3, of the City's Charter to assist the City Attorney on an interim basis in the preparation and representation of the City's interests in said Workers' Compensation litigation; and Minutes of City Council 0-3 Page 157 V0i TUESDAY, FEBRUARY 13, 1990 Resolution No. I SECTION 2. 1505 cont. That, as far as is practicable, the compensation to be paid to said law firm for said legal services shall be initially fixed at an amount not to Mayor and Council exceed $65,000.00. M&C G-8461 re There was presented Mayor and Council Communication No. G-8461 from the City contract with Manager stating that Mayfest has been a popular and successful annual event in Trinity Mayfest, Inc. Park since 1973; that Mayfest '90 is planned for May 3, 4, 5, and 6, 1990; that the lease dates would be April 20 through May 11, 1990; that Mayfest proceeds are used for Information Systems river beautification projects, community improvement programs, and for the Park and Recreation Department programs and improvements; that Mayfest, Inc., will pay the Park and Recreation Department 20 percent of the net operating profits from the Mayfest '90 04 celebration, to be spent for the Park and Recreation Department purposes; that it is expected that Mayfest, Inc., will pay the Park and Recreation Department approximately Internal Audit $50,000.00 from the 1990 festival; stating that revenues will be recorded in Special 2,850 Trust Fund 72, Project No. 502110-03, Index Code 088880; and recommending that the City Manager be authorized to execute an agreement leasing a portion of Trinity Park to 12 Mayfest, Inc., from April 20 through May 11, 1990, for the purpose of the annual Mayfest festival for a fee equal to 20 percent of the net operating profits of the Planning Mayfest '90 festival; and that record of the receipt of this money be entered into 6,400 Special Trust Fund 72, Project No. 502110-03, General Park Improvements. It was the consensus of the City Council that the recommendations be adopted. M&C G-8462 re There was presented Mayor and Council Communication No. G-8462 from the City year end budget Manager, as follows: adjustments 25 203,800 SUBJECT:, ADOPTION OF SUPPLEMENTAL APPROPRIATIONS ORDINANCE FOR YEAR-END BUDGET ADJUSTMENTS RECOMMENDATION: It is recommended that the City Council adopt the attached supplemental appropriations ordinance increasing appropriations as follows: 1. General Fund 01 departments by $432,460 and decreasing General Fund 01 unreserved, undesignated fund balance by a like amount; 2. Temporary Labor Fund 17, Personnel Department by $104,200 and decreasing Temporary Labor Fund 17 unreserved, undesignated fund balance by a like amount; 3. Airport Debt Service Fund 41 by $200 and decreasing the Airport Debt Service Fund 41 reserved fund balance by a like amount; and 4. Group Health Insurance Fund 85 by $1,071,420 and decreasing the Group Health Insurance Fund 85 unreserved, undesignated fund balance by a like amount. RArk,r.p iIND. The City's annual operating budget is formally enacted into law by the City Council adopting an appropriations ordinance which establishes spending limits for each department's operation. Each year as the City's September 30th fiscal year-end approaches some departments will have spent their entire annual appropriation prior to the recording of all applicable expenditures for the year. To avoid delay in the critical timing of closing out the fiscal year, additional appropriations are entered into the Finance/Accounting system which allows all charges to be posted. These appropriations must then be officially approved by the City Council. The list below shows the final department adjustments required for the year ended September 30, 1989. FUND DEPARTMENT AMOUNT General Fund 01 Mayor and Council 01 $ 5,200 City Manager 02 37,500 Information Systems and Services 04 174,200 Internal Audit 10 2,850 Legal 12 2,410 Planning 22 6,400 Culture and Tourism 24 100 Public Events - 25 203,800 Total General Fund $ 432,460 Temporary Labor Fund 17 Personnel 14 104,200 Airport Debt Service Fund 41 Aviation 55 200 Group Health Insurance Fund 85 Risk Management 15 1,071,500 Total $1,608,360 Minutes of City Council 0-3 Page 158 &C G-8462 cont. M&C G-8462 adopted Introduced an ordinance Ordinance no. 10517 M&C G-8463 re water main replace- ment TUESDAY, FEBRUARY 13, 1990 FINANCING: Sufficient funds are available in the unreserved, undesignated fund balances of the General Fund 01 and the Temporary Labor Fund 17 and the reserved fund balance of the Airport Debt Service Fund 41 for the adoption of the recommended supplemental appropriations ordinance. Increasing the deficit in the unreserved, undesignated fund balance of the Health Insurance Fund 85 will provide for the adoption of the recommended supplemental appropriations in this fund. The September 30, 1989 unreserved, undesignated and reserved fund balances after this action are listed below: FUND BALANCES 159 General Fund 01 $28,387,917 Temporary Labor Fund 17 $ 104,317 Airport Debt Service Fund 41 $ 1,731,813 Group Health Insurance Fund 85 ($ 2,257,092) It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. G-8462, be adopted. Council Member Garrison introduced an ordinance and made a motion that it be 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. 10517 AN ORDINANCE INCREASING THE APPROPRIATIONS IN THE GENERAL FUND AND IN VARIOUS ENTERPRISE AND INTERNAL SERVICE FUNDS OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1988-89 BY THE AMOUNTS INDICATED BELOW, THEREBY DECREASING THE UNRESERVED, UNDESIGNATED FUND BALANCES AND UNRESERVED, UNDESIGNATED RETAINED EARNINGS OF THE RESPECTIVE FUNDS BY THE AMOUNTS INDICATED, FOR THE PURPOSE OF FUNDING DEPARTMENTAL EXPENDITURES NECESSARY TO CLOSE THE FISCAL YEAR; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5 This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. There was presented Mayor and Council Communication No. G-8463 from the City Manager recommending that a work authorization be authorized in accordance with AR3-3 for the water main replacement in Dakar Road from Ridgmar Boulevard to Taxco Road for a total estimated project cost of $48,265.21, with funds available in Water and Sewer Operating Fund 45, Account No. 60-70-04, Index Code 377390. It was the consensus of the City Council that the recommendation be adopted. M&C G-8465 re There was presented Mayor and Council Communication No. G-8465 from the City improvements to Manager stating that the 1986 Capital Improvement Program approved in March 1986 Biddison Streetincluded funds for the improvement of Ripy Street from Alice Street to Cole Street; from Hemphill Street to to I35W Minutes of City Council 0-3 Page 159 M&C G-8464 There was presented Mayor and Council Communication No. G-8464 from the City re 4th Annual St. Manager stating that Sundance Square and Downtown Fort Worth, Inc., are sponsoring the Patrick's Street 4th Annual St. Patrick's Street dance in conjunction with "Cowtown Goes Green"; that dance the dance will benefit the Fort Worth Girls Club; that the street dance will be held Friday, March 16, 1990; that, to ensure the safety of the spectators and participants and to allow time for the set-up and tear down of the stage, Sundance Square is requesting the temporary street closure of Main Street between 2nd and 3rd Street on March 16, from 3:00 p.m. until midnight and Main Street between 3rd and 4th Street on March 16, from 10:00 a.m. until 10:00 p.m. to display giant inflatables to promote this • event and the Fort Worth Girls Club; that Sundance Square has provided a certificate of liability insurance and will secure the necessary barricades; and recommending that the City Council approve the request of Sundance Square to temporarily close Main Street between 2nd and 3rd Street from 3:00 p.m. until midnight and Main Street between 3rd and 4th Street from 10:00 a.m. until 10:00 p.m. on Friday, March 16, 1990. It was the consensus of the City Council that the recommendation be adopted. M&C G-8465 re There was presented Mayor and Council Communication No. G-8465 from the City improvements to Manager stating that the 1986 Capital Improvement Program approved in March 1986 Biddison Streetincluded funds for the improvement of Ripy Street from Alice Street to Cole Street; from Hemphill Street to to I35W Minutes of City Council 0-3 Page 159 160 TUESDAY FEBRUARY 13 1990 M&C G-84651 cont. that Community Development Block Grant funds will provide 15 percent of the construction cost; that the project is located in Council District 8; and recommending that the City Council: 1. Declare the necessity for and order the improvements to Ripy Street from Alice Street to Cole Street; 2. Authorize the assessment of a portion of the cost of the improvements to Ripy Street against the owners of the abutting property; 3. Approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate; 4. Establish March 8, 1990, as the date of the benefit hearing; and 5. Authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes. M&C G-8465 adopted On motion' of Council Member Garrison, seconded by Council Member Webber, the recommendations were adopted. M&C G-8466 re improvements from There was presented Mayor and Council Communication No. G-8466 from the City Biddison Street Manager stating that the 1986 Capital Improvement Program approved in March 1986 from Hemphill included funds for the improvement of Biddison Street from Hemphill Street to Street to I35 W Interstate 35W; that Community Development Block Grant funds will provide 15 percent of the construction cost; that the project is located in Council District 9; and recommending that the City Council: 1. Declare the necessity for and order the improvements to Biddison Street from Hemphill Street to Interstate 35W; 2. Authorize the assessment of a portion of the cost of the improvements to Biddison Street against the owners of the abutting property; 3. Approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate; 4. Establish March 8, 1990, as the date of the benefit hearing; and 5., Authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of .Vernon's Annotated Civil Statutes. M&C G-8466 adopted) On motion of Council Member Webber, seconded by Council Member Garrison, the recommendations were adopted. M&C G-8467 re There was presented Mayor and Council Communication No. G-8467 from the City lawsuit against Manager stating that the Code Enforcement Division has received citizen complaints and Carmyn Collier pursued correction of code violations at 815 Grove Street since May 1988, and at Sparks 7300 Trimble Drive since July 1988; that Code Enforcement has identified health and safety violations at each property which endanger the safety of any person at or near the property; that, pursuant to Chapter 54 of the Local Government Code, the City is authorized to file suit in District Court for civil penalties and/or a temporary or permanent injunction of these violations; and recommending that the City Council authorize the Department of Law to file a lawsuit against Carmyn Collier Sparks because of uncorrected code violations on property at 815 Grove Street and against Richard Marks, Frances Marks, and Hallmark Pool Management, Inc., because of uncorrected code violations at 7300 Trimble Drive, which threaten the health and safety of citizens. Mr. Randy Agnew Mr. Randy Agnew, 100 Main Street, representing Richard Marks, Frances Marks, and re M&C G-8467 Hallmark Pool Management, Inc., appeared before the City Council and requested a two week delay in the consideration of the authorization to file a lawsuit. Mr. Hal Sparks Mr. Hal Sparks, representing Carmyn Collier Sparks, appeared before the City re M&C G-8467 Council and advised the City Council that, in his opinion, the building at 815 Grove Street does not represent a danger to the public at large but only to those individuals who are trespassing on the property and requested that he be allowed to secure the property and cooperate with the City in any way that he could. Council Member Garrison made a motion, seconded by Council Member Zapata, that the staff be authorized to file the lawsuit but withhold initiating action for a couple of weeks to give Carmyn Collier Sparks, Richard Marks, Frances Marks, and Hallmark Pool Management, Inc., time to make improvements before the lawsuits are actually filed. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. M&C G-8468 re gift from Fort There was presented Mayor and Council Communication No. G-8468 from the City Worth Botanical Manager stating that the Fort Worth.Botanical Society, Inc., has funded the salary and Society, Inc. benefits of a Gardener II position at the Japanese Garden since 1985; that the Botanical Society has contributed $34,464.65 to the Park and Recreation Department to continue funding the salary and benefits of this position for 18 months; and recommending that the City Council accept a gift from the Fort Worth Botanical Society, Inc., in the amount of $34,464.65 for the purpose of funding the salary and benefits of a Gardener II position at the Fort Worth Botanic Garden for a period of 18 months; and Minutes of City Council 0-3 Page 160 161- TUESDAY, 61 TUESDAY, FEBRUARY 13, 1990 &C G-8468 cont. that a supplemental appropriations ordinance be adopted increasing estimated receipts and appropriations by $34,464.65 in the Special Revenue Fund 72, Project No. 502101-05, Gardener for Japanese Garden from increased revenues. On motion of Council Member Granger, seconded by Council Member Garrison, the recommendations were adopted. ntroduced an Council Member Granger introduced an ordinance -'and made a motion that it be rdinance adopted. The motion was seconded by Council Member Garrison. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, and Webber NOES: None ABSENT Mayor Bolen and Council Member Chappel l The ordinance, as adopted, is as follows: rdi nance No. ORDINANCE NO. 10518 0518 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE SPECIAL REVENUE FUND, FUND 72, PROJECT NO. 502101-05, GARDENER FOR JAPANESE GARDEN, OF THE CITY OF FORT WORTH FOR THE FISCAL YEAR 1989-90 BY THE SUM OF $34,464.65 AND APPROPRIATING SAID $34,464.65 TO THE SPECIAL REVENUE FUND, FUND 72, PROJECT 502101-05, GARDENER FOR THE JAPANESE GARDEN, FOR THE PURPOSE OF FUNDING THE SALARY AND BENEFITS OF A GARDENER II POSITION; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. &C G-8470 re There was presented Mayor and Council Communication No. G-8470 from the City ending case of Manager stating that litigation regarding Morris Steinberg and Theodore C. Steinberg teinberg vs City versus City of Dallas and City of Fort Worth, Cause No. 89-13171 298th District Court, f Fort Worth and Da as,Texas) have alleged that certain railroad right-of-way easements which were nd Dallas granted to the Cities' predecessor in title and located adjacent to the Railtran Corridor have been abandoned and should be released; that the right-of-way easements in question are located in Dallas County along and across Lots 1 and 2, Block A-6472, Highland Industrial Park Addition (also known as 2604 and 2606 Freewood; that the City's Railtran staff has investigated this matter and has determined that the easements in question are not needed for Railtran purposes; that Railtran staff, with concurrence of City Attorney's office of both Cities, recommends that the Cities release whatever interest they may have in regard to the above -reference easements; and recommending that the City Manager be authorized to execute and deliver the necessary Releases of Easements in order to settle the pending case of Steinberg v. City of Dallas and City of Fort Worth. On motion of Council Member arrison, seconded by Council Member Zapata, the recommendation was adopted. &C G-8471 re &imbursement from There was presented Mayor and Council Communication No. G-8471 from the City he Federal Emer- Manager, as follows: ency Management SUBJECT: FEDERAL EMERGENCY MANAGEMENT AGENCY REIMBURSEMENT FOR MAY, 1989 gency STORM DAMAGE RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to accept $774,727.97 as reimbursement from the Federal Emergency Management Agency to the Solid Waste Fund for the additional costs incurred for cleanup and disposal of waste produced by the May, 1989 storm; 2. Adopt the attached supplemental appropriations ordinance increasing estimated receipts in the Solid Waste Fund 64 by $774,727.97 and appropriations in the Solid Waste Fund 64, Collections Account No. 21-10-01 by $242,729.64 from increased revenues; and 3. Authorize the City Manager to make payments of $150,325.41 to Waste Management of Fort Worth, Inc. and $92,404.23 to BFI Waste Systems in recognition of the additional costs they incurred for the collection and disposal of waste generated by the May, 1989 storm, and the reimbursement for those costs provided by the Federal Emergency Management Agency. Minutes of City Council 0-3 Page 161 162 TUESDAY, FEBRUARY 13, 1990 &C G-8471 cont. II DISCUSSION: On May 4, 1989, the City of Fort Worth was struck by winds and heavy rains that knocked down and damaged many trees throughout the city. As a result of that storm it was necessary for City solid waste collection crews and contractor crews to work extensive amounts of overtime from May through August 1989 in order to complete the cleanup and disposal of storm related debris. The Federal Emergency Management Agency (FEMA) determined that the City of Fort Worth was eligible for reimbursement for costs incurred for the cleanup by the City of Fort Worth as well as its contract waste haulers. An application for reimbursement was submitted to FEMA. Following their review and audit of City records and contractor records, FEMA approved eligibility of costs and reimbursement in the following amounts: City of Fort Worth Waste Management BFI ELIGIBLE COSTS $ 790,240.98 150,325.41 92,404.23 $1,032,970.62 REIMBURSEMENT $531,998.33 150,325.41 92,404.23 $774,727.97 Seventy-five percent of the costs submitted by the City were determined by FEMA to be eligible for reimbursement. FEMA requires that the private contractors be reimbursed 100 percent of their eligible costs. Our check for reimbursement from FEMA for $603,054.00 has been received and another for $171,673.97 is expected. FINANCING: Upon adoption of the attached appropriations ordinance, sufficient funds will be available in Solid Waste Fund 64, Collections Account No. 21-10-01 to pay the additional costs in storm damage cleanup. Expenditures will be made from Index Code 236190. M&C G-8471 adopted On motion of Council Member Garrison, seconded by Council Member Granger, the recommendations, as contained in Mayor and Council Communication No. G-8471, were adopted. Introduced an Council Member Garrison introduced an ordinance and made a motion that it be ordinance adopted. The motion was seconded by Council Member Granger. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor 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: rdinance no. ORDINANCE NO. 10519 0519 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE SOLID WASTE FUND 64, OF THE CITY OF FORT WORTH FOR THE FISCAL YEAR 1989-90 BY THE SUM OF $774,727.97 AND APPROPRIATING $242,729.64 FROM THE INCREASED REVENUES TO THE SOLID WASTE FUND 64, COLLECTIONS ACCOUNT NO. 21-10-01 FOR THE PURPOSE OF PAYING ADDITIONAL COSTS INCURRED FOR THE COLLECTION AND DISPOSAL OF WASTE; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5 This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. i &C G-8472 re There was presented Mayor and Council Communication No. G-8472 from the City ort worth Police/ I Manager, as follows: warded Assets SUBJECT: FORT WORTH POLICE/AWARDED ASSETS SPECIAL TRUST FUND Minutes of City Council 0-3 Page 162 163 TUESDAY, FEBRUARY 13, 1990 M&C G-8472 cont. RECOMMENDATION: It is recommended that the City Council: 1. A. Adopt the attached supplemental appropriation ordinance establishing the Fort Worth Police/Awarded Assets as a separate project in Special Trust Fund 72, Project 535000-00; establish $1,205,314.18 as the estimated receipts for the account; and appropriate $788,495 for the purpose of establishing a separate account where the revenues are generated from seizures from narcotics, felonies or any other acts as defined by state law. B. Monies deposited will include both state and federal awards. C. Interest earned on this account must be redeposited into this account. 2. A. Adopt the attached supplement appropriations ordinance establishing the Fort Worth Police/Litigated Assets as a separate project in the Special Trust Fund 72, Project 535001-00 and establish $131,926.89 as the estimated receipts for the account for the purpose of establishing a separate account for the monies confiscated by members of the Fort Worth Police Department as a result of investigations involving illegal narcotics trafficking. B. These funds are held in trust while cases are pending before the courts. When a final Court decree is made, the Police Department will direct the Accounting Division by memo to disperse monies accordingly. C. Interest earned on this account must be deposited into the Fort Worth Police/Awarded Assets Account. 3. A. Adopt the attached supplemental appropriation ordinance establishing the Fort Worth Police/Generated Revenue as a separate project in Special Trust Fund 72, Project 535002-00 and establish $206,123.45 as the estimated receipts for the account for the purpose of establishing a separate account in which the revenues from sale of property, restitution payments, utility refunds and etc., and the expenditures of the monies will be recorded. B. Proposed expenditures will be brought before the Council on an as -needed basis after approval is gained from the Texas Criminal Justice Division. C. Interest earned on this account must be redeposited into this account. 4. A. Adopt the attached ordinance establishing the Fort Worth Police/Enhanced Asset Forfeiture as a separate project in Special Trust Fund 72, Project 535003-00 thereby establishing a separate account where assets confiscated by members of the Fort Worth Police Department, as a result of investigations and subsequent awards made under the Enhanced Asset Forfeiture law, may be deposited. B. Monies deposited will be awarded and/or administered by the attorney representing the state. C. Interest earned on this account must be redeposited into this account. DISCUSSION: The approval of this request will establish designated project accounts for the Police Department in which the monies that have been confiscated by the department may be deposited and maintained on the financial account system of the City. These accounts have been maintained at Summit National Bank by the Police Department. Based upon the expressed desire of the Chief of Police and a recommendation by the Internal Audit Department, this cash is being transferred to the City and will be maintained/reconciled as any other City funds. A district bank account under the City's banking services contract, administered by the City Treasurer, has been created. FINANCING: Sufficient funds will be available pending transfer of monies from Summit National Bank. M&C G-8472 adopted On motion of Council Member Granger, seconded by Council Member Garrison, the recommendations, as contained in Mayor and Council Communication No. G-8472, were adopted. Introduced an Council Member Granger introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Garrison. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: Minutes of City Council 0-3 Page 163 164 TUESDAY, FEBRUARY 13, 1990 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. 10520 10520 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE SPECIAL TRUST FUND 72, PROJECT NO. 535000-00, FTW POLICE/AWARDED ASSETS, OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1989-90 BY THE SUM OF $1,205,314.18 AND APPROPRIATING $788,495 TO THE SPECIAL TRUST FUND 72, PROJECT 535000-00, FTW POLICE/AWARDED ASSETS FOR THE PURPOSE OF ESTABLISHING A SEPARATE ACCOUNT WHERE THE REVENUES GENERATED FROM SEIZURES FROM NARCOTICS, FELONIES OR ANY OTHER ACTS AS DEFINED BY STATE LAW ARE DEPOSITED; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. Introduced an Council Member Granger introduced an ordinance and made a motion that it be ordinance adopted. The motion was seconded by Council Member Garrison. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor 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. 10521 10521 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE SPECIAL TRUST FUND 72, PROJECT NO. 535001-00, FTW POLICE/LITIGATED ASSETS, OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1989-90 BY THE SUM OF $131,926.89 FOR THE PURPOSE OF ESTABLISHING A SEPARATE ACCOUNT WHERE THE REVENUES GENERATED FROM MONIES CONFISCATED BY MEMBERS OF THE FORT WORTH POLICE DEPARTMENT AS A RESULT OF INVESTIGATIONS INVOLVING ILLEGAL NARCOTICS TRAFFICKING ARE DEPOSITED; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL.OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. Introduced an Council Member Granger introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Garrison. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor 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: Minutes of City Council 0-3 Page 164 165 TUESDAY. FEBRUARY 13 1990 rdinance No.I ORDINANCE NO. 10522 0522 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE SPECIAL TRUST FUND 72, PROJECT NO. 535002-00, FTW POLICE/GENERATED REVENUE, OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1989-90 BY THE SUM OF $206,123.45 FOR THE PURPOSE OF ESTABLISHING A SEPARATE ACCOUNT WHERE THE REVENUES GENERATED FROM SALE OF PROPERTY, RESTITUTION PAYMENTS, UTILITY REFUNDS, ETC. ARE DEPOSITED AND THE EXPENDITURES OF SAID MONIES ARE RECORDED; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. ntroduced an Council Member Granger introduced an ordinance and made a motion that it be rdinance adopted. The motion was seconded by Council Member Garrison. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor 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: rdinance No. ORDINANCE NO. 10523 0523 AN ORDINANCE ESTABLISHING IN THE SPECIAL TRUST FUND 72, PROJECT NO. 535003-00, FTW POLICE/ENHANCED ASSET FORFEITURE, OF THE CITY OF FORT WORTH FOR THE FISCAL YEAR 1989-90 FOR THE PURPOSE OF ESTABLISHING A SEPARATE ACCOUNT WHERE ASSETS CONFISCATED BY MEMBERS OF THE FORT WORTH POLICE DEPARTMENT AS A RESULT OF INVESTIGATIONS AND SUBSEQUENT AWARDS MADE UNDER THE ENHANCED ASSET FORFEITURE LAW MAY BE DEPOSITED; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. &C P-4031 re There was presented Mayor and Council Communication No. P-4031 from the City urch as a of land- Manager stating that the City Council approved a purchase agreement with Laidlaw Waste ill services Systems, Inc., for landfill services for Village Creek Wastewater Treatment Plant on January 31, 1989, by Mayor and Council Communication No. P-3185; that the Water Department evaluation of the agreement concluded that it would better serve the City if the agreement required the vendor to containerize, transport, and dispose of waste rather than use City employees and equipment; that the new agreement approved by Council on Mayor and Council Communication No. P-3701; required the vendor, Waste Management of Fort Worth, to supply the containers for the waste, transport the containers or waste and dispose of in a properly licensed landfill; that the agreement with Laidlaw Waste Systems, Inc., was cancelled in accordance with City regulations after the award of the new agreement to Waste Management of Fort Worth; that Waste Management of Fort Worth does not have construction completed on the specialized containers and services have not begun; that staff request authorization to continue the services provided by Laidlaw Waste Systems, Inc., until that time; that funds are available in Water and Sewer Operating Fund 45, Account No. 70-50-02, Index Code 384461; and recommending that the purchase of landfill services from Laidlaw Waste Systems, Inc., for the Village Creek Wastewater Treatment Plant at a cost of $4.50 per cubic yard plus $0.10 per cubic yard state added fee. It was the consensus of the City Council that the recommendation be adopted. M&C P-4032 re There was presented Mayor and Council Communication No. P-4032 from the City purchase of Manager submitting a tabulation of bids received for the purchase of collision repair collision repair parts and services for the City Services Department; stating that purchases will be parts and service charged to City Services Fund 61, Inventory Subsidiary Account No. 141-000400; and recommending that the purchase be made from Read's Auto Collision Specialists on its low most responsive bid for an amount not to exceed $5,960.79 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council 0-3 Page 165 166 TUESDAY, FEBRUARY 13, 1990 &C P-4036 re There was presented Mayor and Council Communication No. P-4036 from the City urchase agreement Manager submitting a tabulation of bids received for remote site fuel system ith Stovall Elec- maintenance for the City Services Department; stating that budgeted funds are ric sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that the City Council authorize: 1. A purchase agreement with Stovall Electric to provide remote site fuel system maintenance for the City Services Department on the low bid of the following unit prices: a. Travel $ .35 mile b. Labor rate $32.25 hour C. After hours labor $42.50 hour d. Parts At cost plus 15% 2. The agreement to begin February 27, 1990, and end one year later with option to renew for one additional year. &C P-4036 adopted It was the consensus of the City Council that the recommendations be adopted. &C P-4037 re There was presented Mayor and Council Communication No. P-4037 from the City urchase agreement Manager stating that a purchase agreement was authorized with Parts Washer, Inc., on o provide washer March 7, 1989, by Mayor and Council Communication No. P-3303 to provide washer parts, arts, solvent, solvent, and service; that the service rendered has been satisfactory; that the staff nd service has requested the last year's option to renew be exercised; that Parts Washer, Inc., has agreed to maintain unit prices as originally bid; that no guarantee has been made that a specific quantity of goods or service will be purchased; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that the City Council: i 1. Authorize exercising the option for renewal to the purchase agreement to provide washer parts, solvent, and service with Parts Washer, Inc., on the low bid of unit prices net, f.o.b. Fort Worth as follows: ITEM 1 ITEM 2 (1) Parts Washer, Inc. $432.00/service $216.00/service Cedar Hill, TX Minutes of City Council 0-3 Page 166 There was presented Mayor and Council Communication No. P-4033 from the City &C P-4033 re Manager submitting a tabulation of bids received for the purchase of a 3208 Caterpiller urchase of 3208 diesel engine for the City Services Department; stating that purchases will be charged a tepiller to Equipment Services Operating Fund 61, Inventory Subsidiary Account No. 141-000270; and recommending that the purchase be made from Southwest International on its low bid of $5,658.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. &C P-4034 re There was presented Mayor and Council Communication No. P-4034 from the City urchase of pro- Manager stating that the purchase of 25 sets of dentures for homeless individuals essional services identified by the physicians, nurses, and social workers in the Homeless Health Care ervic es Program of the Fort Worth Health Department was approved on September 12, 1989, by Mayor and Council Communication No. P-3693; that additional funding is available through a grant to provide for the purchase of approximately 37 sets of dentures in an amount not to exceed $18,315.00; stating that funds are available to cover the anticipated expenditure by the department participating in this agreement; and recommending that the City Council amend the recommendation of Mayor and Council Communication No. P-3693, approved on September 12, 1989, for the purchase of professional services required by the Health Department to construct and completely finish upper and/or lower dentures from John P. Murphy, D.D.S./Texas Denture Service to increase the total purchase in an amount not to exceed $30,690.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. &C P-4035 re There was presented Mayor and Council Communication No. P-4035 from the City urchase of play- Manager submitting a tabulation of bids received for the purchase of playground round apparatus apparatus for the Park and Recreation Department; stating that funds are available in General Fund 01, Account No. 80-20-31, Index Code 345728; and recommending that the City Council authorize the purchase from multiple vendors on a low -bid -item basis, meeting City specifications, as follows: 1) American Swing Products $ 3,762.00 Items 1, 3, 4 and 5 2% 30 days 3,686.76 2) Paul E. Allen, Inc. 870.00 Item 2 3) Iron Mountain Forge 2682.00 Items 6 and 8 4) Hunter-Knepshield Company 1,322.40 Item 7 $8,561.16 net, f.o.b. Fort Worth. &C P-4035 adopted It was the consensus of the City Council that the recommendation be adopted. &C P-4036 re There was presented Mayor and Council Communication No. P-4036 from the City urchase agreement Manager submitting a tabulation of bids received for remote site fuel system ith Stovall Elec- maintenance for the City Services Department; stating that budgeted funds are ric sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that the City Council authorize: 1. A purchase agreement with Stovall Electric to provide remote site fuel system maintenance for the City Services Department on the low bid of the following unit prices: a. Travel $ .35 mile b. Labor rate $32.25 hour C. After hours labor $42.50 hour d. Parts At cost plus 15% 2. The agreement to begin February 27, 1990, and end one year later with option to renew for one additional year. &C P-4036 adopted It was the consensus of the City Council that the recommendations be adopted. &C P-4037 re There was presented Mayor and Council Communication No. P-4037 from the City urchase agreement Manager stating that a purchase agreement was authorized with Parts Washer, Inc., on o provide washer March 7, 1989, by Mayor and Council Communication No. P-3303 to provide washer parts, arts, solvent, solvent, and service; that the service rendered has been satisfactory; that the staff nd service has requested the last year's option to renew be exercised; that Parts Washer, Inc., has agreed to maintain unit prices as originally bid; that no guarantee has been made that a specific quantity of goods or service will be purchased; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that the City Council: i 1. Authorize exercising the option for renewal to the purchase agreement to provide washer parts, solvent, and service with Parts Washer, Inc., on the low bid of unit prices net, f.o.b. Fort Worth as follows: ITEM 1 ITEM 2 (1) Parts Washer, Inc. $432.00/service $216.00/service Cedar Hill, TX Minutes of City Council 0-3 Page 166 16'7 TUESDAY, FEBRUARY 13, 1990 &C P-4037 cont. 2. Allow all City departments to participate in this agreement, if needed, nd adopted effective upon authorization by City Council and end one year later. It was the consensus of the City Council that the recommendations be adopted. &C P-4038 re There was presented Mayor and Council Communication No. P-4038 from the City Manager stating that the purchase agreement for oil sample analysis from Analysts mendment with Services, Inc., has been satisfactory; that staff requested that last year's option to nalysts Services, renew be exercised; that no guarantee has been made that a specific quantity of goods nc. or service will be purchased; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that the City Council: 1. Authorize exercising the option to renew the purchase agreement for one year, to provide oil sample analysis with Analysts Services, Inc., on the low bid of unit prices net, f.o.b. Fort Worth, Texas, as follows: Analysts Service, Inc. Item No. and Description Houston, Texas 1. Analysis of hydraulic $ 6.75 each oil samples 2. Analysis of engine oil $ 6.75 each samples 3. Analysis of automatic $ 6.75 each transmission oil samples 4. Analysis of differential $ 6.75 each oil samples 5. Analysis of transfer $ 6.75 each case oil samples 6. Analysis of auxiliary $ 6.75 each engine oil samples 7. Analysis of a combination $13.50 each of any two tests on the same vehicle 8. Analysis of a combination $20.25 each of any three tests on the same vehicle 9. Analysis of a combination $27.00 each of any four tests on the same vehicle 10. Analysis of a combination $33.75 each of any five tests 2. Allow all City departments to participate in this agreement, if needed, effective upon authorization by City Council and end one year later. M&C P-4038 adopted It was the consensus of the City Council that the. recommendations be adopted. M&C P-4039 re purchase of labor- There was presented Mayor and Council Communication No. P-4039 from the City atory furniture Manager submitting a tabulation of bids received for the purchase of laboratory furniture for the Police Department; stating that funds are available in Grant Fund 76, Project No. 202482-01, Index Code 501775; and recommending that the purchase be made from VWR Scientific, Inc., on its bid of option No. 2, meeting City specifications, of $19,359.38 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-4040 re ` se of ocn- There was presented Mayor and Council Communication No. P-4040 from the City purchase urchas forms Manager submitting a tabulation of bids received for the purchase of continuous forms tinuoufor the Information Systems and Services Department; stating that funds are available in General Fund 01, Account No. 04-20-00, Index Code 228833; and recommending that the purchase be made from Vanier Graphics Corporation on its low bid of $28,920.00 plus ten percent allowed average overrun, for a total not to exceed $31,812.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-4041 re postright purchase There was presented Mayor and Council Communication No. P-4041 from the City of two television Manager stating that the Water Department will use sewer inspection television cables cables as replacement for the present worn cables; that the cables are attached to the inspection camera that is pulled through the sewer lines to locate present and future problems areas; that funds are available in Water and Sewer Department Operating Fund 45, Account No. 70-70-02, Index Code 386797; and recommending that the purchase of two television cables for the Water Department be made from Cyclops Electronics Company on quotation of $5,900.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council 0-3 Page 167 168 TUESDAY, FEBRUARY 13, 1990 M&C P-4042 re There was presented Mayor and Council Communication No. P-4042 from the City purchase of one Manager submitting a tabulation of bids received for the purchase of one 36 foot line 36 -foot line body body and aerial bucket for the Transportation and Public Works Department; stating that and aerial bucket funds are available in General Fund 01, Account No. 20-45-02, Index Code 283143; and recommending that the purchase be made from Commercial Body Corporation on low bid, meeting specifications, of $32,869.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-4043 re There was presented Mayor and Council Communication No. P-4043 from the City purchase of one Manager submitting a tabulation of bids received for the purchase of one 4-6 ton tandem 4-6 ton tandem drum roller for the Water Department and one 10-12 ton tandem drum roller for the drum roller Transportation and Public Works Department; stating that funds are available in General Fund 01, Account No. 20-80-03, Index Code 239590, and Water Operating Fund 45, Account No. 60-70-11, Index Code 391185; and recommending that the City Council authorize the purchase of one 4-6 ton tandem drum roller from Ferguson Mfg. and Equipment Company, Inc., for the Water Department and one 10-12 ton tandem drum roller from Romco Equipment Company for the Transportation and Public Works Department on low bid, meeting City specifications, as follows: 1. Romco Equipment, Inc. $66,022.00 Dallas, TX Item No. 1 2.- Ferguson Mfg. & Equipment Co., Inc. 23,891.03 Dallas, Tx Item No. 2 Total amount not to exceed 189,913.03 net, f.o.b. Fort Worth M&C P-4043 adopted It was the consensus of the City Council that the recommendation be adopted. M&C P-4044 re There was presented Mayor and Council Communication No. P-4044 from the City purchase agreement Manager submitting a tabulation of bids received for a purchase agreement for the for the pur hcas a purchase of drafting supplies for all City departments; stating that budgeted funds are of drafting sufficient to cover the anticipated expenditure by each department participating in supplies this agreement; and recommending that the purchase agreement be authorized with Asel Art Supply of Fort Worth on low overall bid of unit prices, f.o.b. Fort Worth, Texas; with the agreement to begin the date of authorization by City Council and end one year later, with one additional year option to renew. It was the consensus of the City Council that the recommendations be adopted. M&C P-4045 re There was presented Mayor and Council Communication No. P-4045 from the City purchase of books Manager stating that contracts with Texas Department of Commerce for implementation of and tools Job Training Partnership Act Title IIA and III was authorized on June 27, 1989, through Mayor and Council Communication Nos. C-11741 and and C-11743, and on October 17, 1989, through Mayor and Council Communication No. C-11744; that, as described in these communications, academic and vocational classroom training is essential to JTPA programs; that, because of the demand for classroom training, it is anticipated that invoices for books and tools for participants in excess of $5,000.00 per month will be received from several local educational institutions; that the institutions and the total invoices expected between now and the end of this program year, are as follows: INSTITUTION ANTICIPATED INVOICES PY89 Tarrant County Junior College $41,000 Automotive Service & Repair Program Tarrant County Junior College $ 7,000 All Other Programs Texas Court Reporting College $22,800 Career Education Diesel Truck $14,400 It was further stated that funds are available in Grant Fund 76, Project No. 405472-01 and Project No. 405460-19, Index Code 510446; and recommending that the purchase of books and tools to be used by participants attending the following colleges or vocational technical schools under Job Training Partnership Act funded programs be authorized with Tarrant County Junior College, Texas Court Reporting College, and Career Education Diesel Truck School for a total amount not to exceed $85,200.00. It was the consensus of the City Council that the recommendation be adopted. M&C P-4046 re There was presented Mayor and Council Communication No. P-4046 from the City purchases for the Manager stating that, during the severe weather in December 1989, several purchases restoration of were made on emergency basis to restore water service throughout the City; that these water services i purchases included pipe saws and various pipe fittings and gaskets, barricades to close streets from traffic, and hot mix/cold lay asphalt to make emergency repairs to streets; that purchases will be charged to Water and Sewer Operating Fund 45, Inventory Subsidiary Account No. 141-000279; and recommending that the City Council confirm the emergency purchases made by the Water Department, as follows: 1. Atlas Utility Supply $ 5,226.92 Water Connections Minutes of City Council 0-3 Page 168 M&C P-4046 cont. M&C P-4046 adopted M&C P-4047 re purchase of two compact RV utility vehicles M&C P-4048 re purchase agreement to provide genuine B.I.F. repair and replacement parts 169 TUESDAY, FEBRUARY 13, 1990 2. Lectric Lites Company 1,379.06 Barricade rentals 3. Texas Contractors Supply 4,213.10 Pipe saws - 4. Ray -Lin Enterprises 1,368.00 Welding rods 5. KMS Supply, Inc. 1,341.50 Hand tools 6. Whites Mines 19,580.00 Hot mix/cold lay asphalt TOTAL 113,108.58 On motion of Council Member Garrison, seconded by Council Member Zapata, the recommendation was adopted. There was presented Mayor and Council Communication No. P-4047 from the City Manager stating that specifications call for two 2.9 GVWR 4 x 4 utility vehicles with 5 -speed manual transmissions; that the units to be purchased will replace older models that can no longer be economically maintained; that Equipment Services has determined that the selected vendors' vehicles meet all specification requirements; that funds are available in General Fund 01, Account No. 20-40-01, Index Code 281352; and recommending that the City Council authorize purchase of two compact RV utility vehicles from Jack Williams Chevrolet for the Transportation and Public Works Department on quotation for an amount not to exceed $21,990.00 net, f.o.b. Fort Worth. On motion of Council Member Zapata, seconded by Council Member Granger, the recommendation was adopted. There was presented Mayor and Council Communication No. P-4048 from the City Manager stating that Mayor and Council Communication No. P-2473, dated February 2, 1988, has been amended to allow all City departments to participate in this purchase agreement for genuine B.I.F. repair and replacement parts; that the agreement was established to provide the lowest unit price available based on catalog dealer's list plus ten percent; that the service rendered has been satisfactory, therefore, the staff has requested that the last year's option to renew be exercised; that Hastik & Associates has agreed to maintain unit prices as originally bid and no guarantee has been made that a specific quantity of goods or service will be purchased; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that the City Council authorize exercising the option for renewal for the final year on the purchase agreement to provide genuine B.I.F. repair and replacement parts with Hastik & Associates, Inc., on low unit bid of dealer's list price plus ten percent, f.o.b. factory; that all City departments be allowed to participate in this agreement, if needed, effective upon authorization by City Council and expiration of one year later. It was the consensus of the City Council that the recommendation be adopted. M&C P-4049 re There was presented Mayor and Council Communication No. P-4049 from the City outright purchase Manager submitting a tabulation of bids received for the outright purchase of mobile of mobile radios radios for the Information Systems and Services Department; stating that funds are available in General Fund 01, Account No. 21-40-02, and Operating Fund 64, Account Nos. 21-10-02 and 21-10-08, Index Codes 224766, 236729, and 243717, respectively; and recommending that the purchase be made from Russ Miller Communications for its bid of $7,356.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C L-10038 re acquisition of There was presented Mayor and Council Communication No. L-10038 from the City temporary construc- Manager, as follows: tion easement SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS (6 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) Type of Acquisition: Temporary Construction Easement Description of Land: A rectangularly shaped parcel of land 26 feet in depth and 27 feet in length adjacent to the northeasterly property line of Lot 9, Block 83, Wedgwood Addition, as recorded in Volume 388-139 Page 35, Deed Records, Tarrant County, Texas. Square Feet: 704 Zoning: A-1 Family Parcel No.: 15 Consideration:- $1.00 Minutes of City Council 0-3 Page 169 170 M&C L-10038 cont. TUESDAY, FEBRUARY 13, 1990 Location: 4013 Welch Avenue Owner: David Sanders and wife, Emma L. Sanders 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 2. Project Name: Welch Avenue (Granbury Road to Wedgworth Road South) 3. 4. Type of Acquisition: Temporary Construction Easement Description of Land: A rectangularly shaped parcel of land approximately 23 feet in depth and approximately 29 feet in length adjacent to the southwesterly property line of Lot 27, Block 71, Wedgwood Addition, as recorded in Volume 388-13, Page 35, Deed Records, Tarrant County, Texas. Square Feet: 615 Parcel No.: 3 Consideration: $1.00 Location: 5732 Wharton Zoning: A-1 Family Owner: Nedra Black Sims and husband, Robert C. Sims 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 25 feet in depth and 27 feet in length adjacent to the northeasterly property line of Lot 10, Block 83, Wedgwood Addition, as recorded in Volume 388-13, Page 35, Deed Records, Tarrant County, Texas. Square Feet: 676 Parcel No.: 16 Consideration: $1.00 Location: 4009 Welch Avenue Zoning: A-1 Family Owner: Robert Garbarino and wife, Maureen M. Garbarino 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 feet in depth and 28 feet in length adjacent to the northeasterly property line of Lot 1, Block 6, Wedgwood Addition, as recorded in Volume 388-3, Page 93, Deed Records, Tarrant County, Texas. Square Feet: 196 Zoning: A-1 Family Parcel No.: 6 Consideration: $1.00 Location: 5800 Trail Lake Drive Owner: Howard Stump and wife, Anna Stump 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. Minutes of City Council 0-3 Page 170 M&C L-10038 cont. "TUESDAY. FEBRUARY 13. 1990 Land Agent: Aleeta Hackney 5. Project Name: Welch Avenue (Granbury Road to Wedgworth Road South) Type of Acquisition: Temporary Construction Easement Description of Land: An irregularly shaped parcel of land adjacent to the northeasterly property line of Lot 21, Block 76, Wedgwood Addition, as recorded in Volume 388-11, Page 67, Deed Records, Tarrant County, Texas. Square Feet: 920 Zoning: A-1 Family Parcel No.: 10 Consideration: $1.00 Location: 5800 Wessex Avenue Owner: Genevieve Hendrick, Individually F i n a n c i n q Sufficient funds are available in Street Improvement, and 67, Project No. 095106-00 Land Acquisition. This expenditure will be made from Index Code 699884. -Land Agent: Aleeta Hackney 6. Project Name: Drainage Easement for Sycamore Creek Addition Type of Acquisition: Drainage Easement Description of Land: A rectangularly shaped strip of land approximately 15 feet in width and approximately 81 feet in length adjacent to the north property line of Lot A, Block 1, Sycamore Creek Addition, as recorded in Volume 388-116, Page 62, Deed Records, Tarrant County, Texas. This strip of land contains approximately 1,036 square feet as required for a drainage easement. Square Feet: 1,036 Parcel No.: 1 Consideration: $1.00 Location: South of Seminary Drive Owner: Aaron Rashti, Trustee Zoning: "E" Commercial 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. Minutes of City Council 0-3 Page 171 Land Agent: Aleeta Hackney M&C L-10038 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. L-10038, be adopted. M&C L-10039 re acquisition of There was presented Mayor and Council Communication No. L-10039 from the City temporary cont � - Manager, as follows: ' struction easement SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS (8 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: An irregularly shaped strip of land out of Lot 11B, Block 4 and Lot 12, Block 4, Park Hill Addition, as recorded in Volume 3997, Page 428, Deed Records, Tarrant County, Texas. This strip of land is 10.0 feet in depth and 150.0 feet in length and lies parallel to, contiguous with and within the north property line, required for a temporary construction easement. Square Feet: 1,500.0 Zoning: "A" Parcel No.: 4 Minutes of City Council 0-3 Page 171 TUESDAY, FEBRUARY 13, 1990 M&C L-10039 cont. 11 Consideration: $1.00 Location: 2200 Winton Terrace West Owner:. David B. Knapp and wife, Margaret C. Knapp 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, Lateral 2550 Type of Acquisition: Dedication - Permanent Easement Description of Land: A rectangularly shaped strip of land out of of 12, Block 9, Masonic Home Addition, 2nd Filing, as recorded in Volume 7530, Page 1336, 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.: 13 Consideration: $1.00 Location: 3205 Montague :. Owner: Gary Barnoski and wife, Gayle Barnoski Financing: Sufficient funds are available in Sewer Capital Improvement Fund 58, Project No. 017081-00 S.S. Rehabilitation, L-2550. This expenditure will be made from Index Code 698787. Land Agent: Jerry Chalker 3. Project Name: Sanitary Sewer Rehabilitation Project, Lateral 2550 Type of Acquisition: Dedication - Permanent Easement Description of Land: A rectangularly shaped strip of land out of Lot 4, Block 8, Masonic Home Addition, Second Filing, as recorded in Volume 7874, Page 1315, Deed Records; Tarrant County, Texas. This strip of land is 10.0 feet in depth and 100.0 feet in length and lies parallel to, contiguous with and within the south property line, required for a permanent easement. Square Feet: 1,000.0 Zoning: "A" Parcel No.: 19 Consideration: $1.00 Location: 3328 Grayson Owner: Guadalupe Baldazo and wife,.Estefana Baldazo Financing: Sufficient funds are available in Sewer Capital Improvement Fund 58, Project No. 017081-00 S.S. Rehab, L-2550. This expenditure will be made from Index Code 698787. 11 Land Agent: Jerry Chalker 4. Project Name: Storm Drain Improvements/William Green Elementary School Type of Acquisition: Permanent and Temporary Construction Easements Description of Land: Drainage Easement - A strip of land out of the west side of Tract 2A, E.P. Parris Survey, Abstract #1223, as described in Volume 8243, Page 1508, Deed Records, Tarrant County, Texas. This strip of land is 20 feet in depth and 50 feet in length containing 1,000 square feet of land as required for a drainage easement. Temporary Construction Easement - A strip of land out of the above described tract, containing 8,843 square feet of land for a temporary construction easement. Square Feet: D.E. - 1,000 Zoning: "AG" Agriculture T.C.E. - 8,843 Minutes of City Council 0-3 Page 172 173 TUESDAY, FEBRUARY 13, 1990 M&C L-10039 cont. Consideration: $1.00 Location: 5401 Parker Henderson Road Owner: W. T. Parker - Estate by DeRema Parker McCulley ro�Financin : Sufficient funds are available in New Development, Fund 90, . 095106-00 Land Acquisition. Expenditure will be made from Index Code 699900. Land Agent: Ethel Roberts 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 21, Block 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 to the south of an existing 3.0 permanent easement along and within the north property line, required for a permanent easement. Square Feet: 600 Zoning: "A" Parcel No.: 23 Consideration: $1.00 Location: 2230 Glenco Terrace Owner: Mrs. Myrtie N. Joseph 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 Project, Lateral 2550 Type of Acquisition: Dedication - Permanent Easement Description of Land: A rectangularly shaped strip of land out of Lot 5, Block 8, Masonic Home Addition, Second Filing, as recorded in Volume 7453, Page 2060, Deed Records, Tarrant County, Texas. This strip of land is 10.0 feet in depth and 100.0 feet in length and lies parallel to, contiguous with and within the south property line, required for a permanent easement. Square Feet: .1,000.0 Zoning: "A" Parcel No.: 20 Consideration: $1.00 Location: 3336 Grayson Street Owner: Dennis C. Moore and wife, Jacquelin G. Moore Financin : Sufficient funds are available in Sewer Capital Improvement and 58, Project No. 017081-00 S.S. Rehab, L-2550. This expenditure will be made from Index Code 698787. Land Agent: Jerry Chalker 7. Project Name: Forty Oaks Detention Basin No. 2 and No. 3 Type of Acquisition: Temporary Construction Easement Description of Land: A strip of land 7.04 feet on the south, 14.83 feet on the north and 106 feet in length out of Lot 1281, Block 1, Eastland First Filing Addition as described in Volume 7640, Page 615, Deed Records, Tarrant County, Texas. This easement contains 1,159 square feet as required for a temporary construction easement. i Square Feet: 1,159 Zoning: "B" Two -Family Consideration: $1.00 Location: 5116 Norma Owner: James B. et ux Deborah Benner Minutes of City Council 0-3 Page 173 1'74 M&C L-10039 cont. M&C L-10039 adopted M&C L-10040 re lease of surplus right-of-way M&C PZ -1571 re waiver of stand- ard filing fee Nominated Council Member Zapata as tempor Mayor Pro tempore during M&C PZ -1571 TUESDAY, FEBRUARY 13, 1990 F i n a n c i n g : Sufficient funds are available in Street Improvement, Fund roject No. 095106-00 Land Acquisition. This expenditure will be made from Index Code 699884. Land Agent: Ethel Roberts 8. Project Name: Welch Avenue (Granbury Road to Wedgworth Road South) Type of Acquisition: Temporary Construction Easements Description of Land: A rectangularly shaped parcel of land 22 feet in depth and 37 feet in length adjacent to the northeasterly property line of Lot 1, Block 76, Wedgwood Addition, as recorded in Volume 388-8, Page 67, Deed Records, Tarrant County, Texas. This parcel of land contains approximately_ 792 square feet as required for temporary construction easements. Square Feet: 792 Parcel No.: 9 Consideration: $1.00 Location: 5801 Whitman -Zoning: A-1 Family Owner: Lula Catherina Carlton Roberts, Individually and as Independent Executrix of the Estate of Raymond H. Roberts, Deceased, and Don C. Roberts, David A. Roberts, and Catherine A. Mize 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 It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. L-10039, be adopted. There was presented Mayor and Council Communication No. L-10040 from the City Manager stating that Tindall Record Storage has approached the City with a proposal to pave and landscape a piece of City -owned surplus right-of-way of 5th Street, west of Terry Street, south and southwest of Lot 4, Block 89, Fort Worth Original Town; that, because Tindall Record Storage proposes to make a considerable improvement to City property at its own expense, the Real Property Management Department recommends a lease rate of $250.00; that the lease will be for five years, renewable on an annual basis for approximately 21,000 square feet; and recommending that the City Manager be authorized to execute a lease for surplus right-of-way of 5th Street, west of Terry Street, south and southwest of Lot 4, Block 89, Fort Worth Original Town, with Tindall Record Storage for $250.00 per year payment to the City. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. PZ -1571 from the City Manager stating that Ms. Juanita Chambers, representing the Melody Hills Home Owners Association, has submitted a zoning application to change the zoning from "B" Two -Family District to "MH" Mobile Home District on Blocks 3 through 6, Lots 9-16, Block 7, and Lots 9-16, Block 8, Melody Hills Addition, in order for the existing mobile home development to continue as a conforming land use and as a mobile home subdivision; that this subdivision was annexed into the City on June 20, 1966, by Ordinance No. 5574 as part of a larger annexation; that, at that time, many of the lots were occupied by mobile homes; that they were later redeveloped with permanent structures, or expanded with permanent structures in addition to the mobile homes; that the area was zoned "B" Two , -Family in 1969, but the practice of using the lots for mobile home sites continued; that the City of Fort Worth Code Enforcement Division in December 1989 informed the residents of Melody Hills that the use of mobile homes and travel trailers as year round residences violates the City Zoning Ordinance; that a request for waiver of the application fee is being made due to the preponderance of elderly and other owners on fixed or low income; and recommending that the City Council waive the standard filing fee of $1,300.00 required with the submission of a zoning application to change the zoning from "B" Two -Family District to "MH" Mobile Home District on Blocks 3 through 6, Lot 9-16, Block 7, and Lots 9-16, Block 8, Melody Hills Addition. Mayor Pro tempore Gilley advised the City Council that he has a conflict of interest on Mayor and Council Communication No. PZ -1571 and needs to relinquish the chair during the time Mayor and Council Communication No..PZ-1571 is being considered. Council Member Garrison nominated Council Member Zapata to serve as Temporary Mayor Pro tempore during the consideration of Mayor and Council Communication No. PZ -1571 and made a motion, seconded by Council Member McCray, that Council Member Zapata be elected Temporary Mayor Pro tempore for the consideration of Mayor and Council Communication No. PZ -1571. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Minutes of City Council 0-3 Page 174 175 TUESDAY, FEBRUARY 13, 1990 At this time, Mayor Pro tempore Gilley relinquished the chair and Temporary Mayor Pro tempore Zapata assumed the chair. Council Member Garrison made a motion, seconded by Council Member Granger, that the recommendation, as contained in Mayor and Council Communication No. PZ -1576, be adopted. When the motion was put to a vote by the Temporary Mayor Pro tempore, it prevailed by the following vote: AYES: Temporary Mayor Pro tempore Zapata; Council Members Garrison, Granger, McCray, and Webber NOES: None M&C C-12147 re There was presented Mayor and Council Communication No. C-12147 from the City lease renewal with Manager stating that K.M. Miloud d/b/a Delta Aeronautics, under City Secretary Contract K.M. Miloud dba No. 17064, leases office space on the second floor of the Meacham Airport Terminal Delta Aeronautics Building; that the lease will expire on February 28, 1990, and the tenant seeks a one-year renewal; that the term of the lease will begin on March 1, 1990, and end February 28, 1991; that the rental rate for the 365 square feet of office space will be $9.34 per square foot per year for total annual revenue of $3,409.10, an increase of $365.00 over that received under the expiring lease; and recommending that the City Manager be authorized to enter into a lease renewal with K.M. Miloud d/b/a Delta Aeronautics for office space at Fort Worth Meacham Airport Terminal. It was the consensus of the City Council that the recommendation be adopted. M&C C-12148 re There was presented Mayor and Council Communication No. C-12148 from the City lease with Ait. and Manager stating that Air Transport Association of America, under City Secretary 1vansp6r8aAssotia- Contract No. 17111, leases 618 square feet of second floor office space in the Meacham tion of America Airport Terminal Building; that the lease will expire on February 28, 1990, and the tenant seeks a one-year renewal; that the term of the lease will begin on March 1, 1990, and end February 28, 1991, for a total annual revenue of $5,772.12, an increase of $618.00 over that received under the expiring lease; and recommending that the City Manager be authorized to enter into a lease renewal with Air Transport Association of America for office space in the Meacham Airport Terminal. It was the consensus of the City Council that the recommendation be adopted. M&C C-12149 re ABSENT: Mayor Bolen and Council Member Chappell lease with with NOT VOTING: Mayor Pro tempore Gilley B.J. and Laurent At this time, Temporary Mayor Pro tempore Zapata relinquished the chair and Mayor Jacquelin Pro tempore Gilley assumed the chair. M&C C-12146 re lease renewal with There was presented Mayor and Council Communication No. C-12146 from the City Walid Joseph Manager stating that, under City Secretary Contract No. 17075, American Safety Flying Yammine dba Sky- School leased 126 square feet of office space on the second floor of the Meacham wings flight Train Airport Terminal Building; that the Aviation Advisory Board approved assignment of the lease on May 18, 1989, to Walid Joseph Yammine d/b/a Skywings Flight Training; that the ing primary term of the lease will expire on January 30, 1990, and the tenant seeks to enter into'a one-year renewal; that the term of the extended lease will begin on February 1, 1990, and end January 31, 1991; that the rental rate will be increased to $9.35 for total annual revenue of $1,176.84; and recommending that the City Manager be authorized to enter into a lease renewal with Walid Joseph Yammine d/b/a Skywings Flight Training for office space in the Meacham Airport Terminal Building. It was the consensus of the City Council that the recommendation be adopted. M&C C-12147 re There was presented Mayor and Council Communication No. C-12147 from the City lease renewal with Manager stating that K.M. Miloud d/b/a Delta Aeronautics, under City Secretary Contract K.M. Miloud dba No. 17064, leases office space on the second floor of the Meacham Airport Terminal Delta Aeronautics Building; that the lease will expire on February 28, 1990, and the tenant seeks a one-year renewal; that the term of the lease will begin on March 1, 1990, and end February 28, 1991; that the rental rate for the 365 square feet of office space will be $9.34 per square foot per year for total annual revenue of $3,409.10, an increase of $365.00 over that received under the expiring lease; and recommending that the City Manager be authorized to enter into a lease renewal with K.M. Miloud d/b/a Delta Aeronautics for office space at Fort Worth Meacham Airport Terminal. It was the consensus of the City Council that the recommendation be adopted. M&C C-12148 re There was presented Mayor and Council Communication No. C-12148 from the City lease with Ait. and Manager stating that Air Transport Association of America, under City Secretary 1vansp6r8aAssotia- Contract No. 17111, leases 618 square feet of second floor office space in the Meacham tion of America Airport Terminal Building; that the lease will expire on February 28, 1990, and the tenant seeks a one-year renewal; that the term of the lease will begin on March 1, 1990, and end February 28, 1991, for a total annual revenue of $5,772.12, an increase of $618.00 over that received under the expiring lease; and recommending that the City Manager be authorized to enter into a lease renewal with Air Transport Association of America for office space in the Meacham Airport Terminal. It was the consensus of the City Council that the recommendation be adopted. M&C C-12149 re There was presented Mayor and Council Communication No. C-12149 from the City lease with with Manager stating that Acme School of Aeronautics, Inc., under City Secretary Contract B.J. and Laurent No. 17178, assumed the lease for space formally leased by AeroPhysics Services, Inc.; Jacquelin that the term of the primary contract expired on December 31, 1989; that the Aviation Advisory Board meeting of October 1989 approval of a lease renewal with Acme School of Aeronautics, Inc., was authorized; that, subsequent to that approval, Acme School of Aeronautics, Inc., declined to enter into a lease agreement for the second floor office space; that Laurent and B.J. Jacquelin, as individuals, and Pegasus Flight Center, Inc., seek to lease the area vacated by Acme School of Aeronautics, Inc.; that the term of the lease will be February 1, 1990, through January 31, 1991; that the rate for 1,110 square feet of carpeted office space will be $9.66 for a total annual revenue of $10,722.60; that representatives of Pegasus and Acme have reached an agreement for prorating the January rent to the City for that portion of the month that each has had use of the space; and recommending that the City Manager be authorized to enter into a new lease with B.J. and Laurent Jacquelin, as individuals and Pegasus Flight Center, Inc. It was the consensus of the City Council that the recommendation be adopted. M&C C-12150 re There was presented Mayor and Council Communication No. C-12150 from the City lease renewals Manager stating that, under three separate contracts, Laurent and Bobbie Jo Jacquelin, with Laurent and as individuals, and Pegasus Flight Center, Inc., lease office and classroom space on Bobbie Jo Jacquelii the first and second floors of the Meacham Airport Terminal Building; that the term of and Pegasus Flight the leases will expire on February 28, 1990, and the tenant seeks to renew the Center, Inc. contracts, as follows: CONTRACT AREA NUMBER (SQ. FT.) RATE ANNUAL REVENUE TERM 17106 320 -first floor, $11.20 $3,584.00 3/1/90 through Carpeted 2/28/91 Minutes of City Council 0-3 Page 175 176 TUESDAY, FEBRUARY 13, 1990 &C C-12150 cont. 17094 239 -second floor, $ 9.34 $2,232.26 3/1/90 through Uncarpeted 2/28/91 17099 191 -second floor, $ 9.34 $1,783.94 3/1/90 through Uncarpeted 2/28/91 That the total annual revenue for the above leases will be $7,600.20, an increase of $986.40 over that received under the expiring agreements; and recommending that the City Manager be authorized to enter into lease renewals with Laurent and Bobbie Jo Jacquelin and Pegasus Flight Center, Inc., for office space in the Meacham Airport Terminal Building. It was the consensus of the City Council that the recommendation be adopted. M&C C-12151 re There was presented Mayor and Council Communication No. C-12151 from the City lease renewals Manager stating that Laurent and Bobbie Jo Jacquelin, as individuals, and Pegasus with Laurent and Flight Center, Inc., City Secretary Contract No. 17101, leases 102 square feet of Bobbie Joy: basement space in the Meacham Airport Terminal; that the term of the lease expires Jacquelin February 28, 1990, and the tenant seeks a one-year renewal; that the term of the lease renewal will begin on March 1, 1990, and end February 28, 1991, for a total annual revenue of $552.84, an increase of $51.00'over that received under the expiring lease; and recommending that the City Manager be authorized to enter into a lease renewal with Laurent and Bobbie Jo Jacquelin, as individuals, and Pegasus Flight Center, Inc., for storage space in the basement of the Meacham Airport Terminal. It was the consensus of the City Council that the recommendation be adopted. M&C C-12152 re There was presented Mayor and Council Communication No. C-12152 from the City lease renewals Manager stating that, under four separate contracts, Acme School of Aeronautics, Inc., with Acme School o leases office and classroom space on the first floor and in the basement of the Meacham Aeronautics, Inc. Airport Terminal Building; that the term of the leases will expire soon and the tenant seeks to renew the contracts, as follows: &C C-12153 re ease option with cme School of eronautics, Inc. &C C-12154 re ease renewal with alid joseph ammine dba Sky ings Flight Train ng CONTRACT AREA NUMBER (SQ. FT.) 17078 2,154 first floor, uncarpeted 17083 1,320 first floor, uncarpeted 17079 899 basement 17080 98 first floor, carpeted RATE ANNUAL REVENUE TERMS $10.88 $23,435.52 3/1/90 thru 2/28/91 $10.88 $14,361.60 3/1/90 thru 2/28/91 $ 5.42 $ 4,872.58 4/1/90 thru 3/31/91 $11.20 TOTAL ANNUAL REVENUE INCREASED REVENUE $ 1,097.60 3/1/90 thru 2/28/91 $43,767.30 $ 5,807.50 That the total annual revenue is $43,767.30 for an increased revenue of $5,807.50; and recommending that the City Manager be authorized to enter into lease renewals with Acme School of Aeronautics, Inc. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. C-12153 from the City Manager stating that officers of Acme School of Aeronautics, Inc., have advised the City that, later in the year, the school will need additional classroom space; that, while the space is not now needed nor do they want to expend the funds to lease it now, they do want some assurance that it will be available when it is needed; that Acme proposes to hold an option on 1,823 square feet of basement space which is now lease to Civil Air Patrol at no charge; that, during the term of the option period, Acme agrees to: 1. Pay 10% of the amount of the rental that would be received for the space. i.e. 1,823 sq. ft. @ $5.42 per sq. ft. per year = $9,880.66 per year or $823.39 per month x 10% _ $82.34 per month option charge; 2. Immediately exercise or forfeit the option should any other party request to lease the space; and 3. Allow Civil Air Patrol to continue to occupy the space during the option period. That, in addition, Acme acknowledges that the monies paid for the option will not be refunded if another party leases the space nor credited if/when Acme leases it; that the term of the option will begin on February 1, 1990, and end on January 31, 1991; and recommending that the City Manager be authorized to enter into a lease option with Acme School of Aeronautics, Inc., for basement space in the Meacham Airport Terminal Building. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. C-12154 from the City Manager stating that, under City Secretary Contract No. 17217, as amended, Walid Joseph Yammine d/b/a Skywings Flight Training leases office and classroom space on the first Minutes of City Council 0-3 Page 176 17'7 M&C C-12154 cont. floor of the Meacham Airport Terminal building; that the lease will expire on. February 28, 1990, and the tenant seeks a one-year renewal; that the term of the lease renewal will begin on March 1, 1990, and end February 28, 1991; that the annual revenue on 507 square feet of carpeted space will be $5,678.40 and the annual revenue on 1,322 square feet uncarpeted space will be $14,383.36, for total annual revenue of $20,061.76; and recommending that the City Manager be authorized to enter into a lease renewal with Walid Joseph Yammine d/b/a Skywings Flight Training for office space in the Fort Worth Meacham Airport Terminal Building. It was the consensus of the City Council that the recommendation be adopted. M&C C-12155 re contract with There was presented Mayor and Council Communication No. C-12155 from the City Austin Paving Manager submitting a tabulation of bids received for a construction contract for Company utility cut, repairs, Contract 90A; stating that funds are available in Water and Sewer Operating Fund 45, Account No. 60-70-11, Index Code 391177 for construction and Account No. 60-25-04, Index Code 394312 for water inspection; and recommending that the City Manager be authorized to execute a construction contract with Austin Paving Company for Utility Cut, Repairs, Contract 90A, on low bid of $527,592.50. It was the consensus of the City Council that the recommendation be adopted. M&C C-12156 re There was presented Mayor and Council Communication No. C-12156 from the City contract with L.D. Manager submitting a tabulation of bids received for 12 -inch water main replacement in Conatser Contrac__ Grants Lane (Spur 341); and recommending that the City Council: tors 1. Authorize a fund transfer in the amount of $119,000* from Water and Conatser Contrac- Sewer Operating Fund 45, Account No. 60-90-20 to Water Capital Sanitary Sewer M-50 and M-53 Rehabilitation, consisting of replacing approximately Improvement Fund 43, Project No. 017132-00, Water Replacement, Grants to the north, Crenshaw Avenue to the south, Vaughn Boulevard to the west, and Little Lane; and Street to the east; and recommending that the City Manager be authorized to execute a M&C C-12158 re contract with There was presented .Mayor and Council Communication No. C-12158 from the City Rhode Construction Manager submitting a tabulation of bids received for the M -189A Sanitary Sewer Replacement, consisting of replacing approximately 2,850 linear feet of 10 -inch sanitary sewer pipe with 15 -inch pipe; and recommending that the City Manager be authorized to execute a construction contract with Rhode Construction for the M -189A Sanitary Sewer Replacement on low bid of $124,995.50 and that a fund transfer in the amount of $144,000.00 be authorized from Water and Sewer Operating Fund 45, Account No. 70-90-20, to Sewer Capital Improvements Fund 58, Project No. 017076-00, M -189A Replacement. It was the consensus of the City Council that the recommendations be adopted. M&C C-12159 re 2. Authorize the City Manager to execute a construction contract with L. D. drainage channel Conatser Contractors for the 12 -Inch Water Main Replacement in Grants easement Lane (Spur 341) on the low bid of $103,111. *Includes $6,000 for possible change orders as established by City Ordinance No. 10437 and funds for inspection and survey. M&C C-12156 adopted It was the consensus of the City Council that the recommendations be adopted. M&C C-12157 re contract with L.D. There was presented Mayor and Council Communication No. C-12157 from the City Conatser Contrac- Manager submitting a tabulation of bids received for a construction contract for tors Sanitary Sewer M-50 and M-53 Rehabilitation, consisting of replacing approximately 4,000 linear feet of sanity sewer lines in an area generally bounded by Hangar Avenue to the north, Crenshaw Avenue to the south, Vaughn Boulevard to the west, and Little Street to the east; and recommending that the City Manager be authorized to execute a construction contract with L.D. Conatser Contractors for Sanitary Sewer M-50 and M-53 Rehabilitation on low bid of $213,617.50 and that a fund transfer in the amount of $245,000.00 be authorized from Water and Sewer Operating Fund 45, Account No. 70-90-20, to Sewer Capital Improvements Fund 58, Project No. 017067-00, M-50 and M-53 Rehabilitation. It was the consensus of the City Council that the recommendations be Introduced a Resolution adopted. M&C C-12158 re contract with There was presented .Mayor and Council Communication No. C-12158 from the City Rhode Construction Manager submitting a tabulation of bids received for the M -189A Sanitary Sewer Replacement, consisting of replacing approximately 2,850 linear feet of 10 -inch sanitary sewer pipe with 15 -inch pipe; and recommending that the City Manager be authorized to execute a construction contract with Rhode Construction for the M -189A Sanitary Sewer Replacement on low bid of $124,995.50 and that a fund transfer in the amount of $144,000.00 be authorized from Water and Sewer Operating Fund 45, Account No. 70-90-20, to Sewer Capital Improvements Fund 58, Project No. 017076-00, M -189A Replacement. It was the consensus of the City Council that the recommendations be adopted. M&C C-12159 re There was presented Mayor and Council Communication No. C-12159 from the City drainage channel Manager stating that Mrs. Baird's Bakeries, Inc., is proposing to construct an addition easement to its facilities on IH -35W; that the addition will encroach upon an existing drainage easement which was dedicated to the State of Texas for use by the State Department of Highways and Public Transportation; that Mrs. Baird's is requesting relinquishment by the State of Texas of the State's existing drainage easement; that a drainage study to determine the feasibility and size of required drainage easements for this site was reviewed and approved by the City's Transportation and Public Works Department; that Mrs. Baird's Bakeries, Inc., will enter into a covenant and agreement with the City of Fort Worth which will allow Mrs. Baird's to expand its existing facilities over the City storm drainage system; stating that funds are available in Account No. 90-095106-00, Index Code 621169; and recommending that the City Council adopt resolution which recommends that the State of Texas interest in a portion of a channel easement along IH -35W be quitclaimed to the adjacent property owner, Mrs. Baird's Bakeries, Inc.; and that the City Manager be authorized to execute a covenant and agreement between the City and Mrs. Baird's Bakeries, Inc. It was the consensus of the City Council that the recommendations be adopted. Introduced a Resolution Council Member Garrison introduced a resolution and made a motion that it be adopted. The motion was seconded by Council Member Webber. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: Minutes of City Council 0-3 Page 177 178 TUESDAY, FEBRUARY 13, 1990 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. 1506 1506 ENDORSING CITY STAFF'S RECOMMENDATION THAT THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION'S DRAINAGE EASEMENT ADJACENT TO INTERSTATE HIGHWAY 35W BE QUITCLAIMED TO THE ADJACENT PROPERTY OWNER, MRS. BAIRD'S BAKERIES, INC. WHEREAS, Mrs. Baird's Bakeries, Inc., proposes to construct a new building over an existing storm drain system within a drainage easement dedicated to the State of Texas for use by the State Department of Highways and Public Transportation; and WHEREAS, the State Department of Highways and Public Transportation does not allow construction of any buildings within the State's drainage easement; and WHEREAS, said drainage easement is no longer needed for the use of citizens for highway drainage or highway purposes; and WHEREAS, City staff has reviewed and approved a drainage study and recommends that the State's interest in the land be quitclaimed to the adjacent property owner, Mrs. Baird's; and WHEREAS, all necessary drainage easements required to convey public drainage will be dedicated to the City by replat; NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Fort Worth, Texas, hereby endorses Staff's recommendation that the State of Texas quitclaim to Mrs. Baird's Bakeries, Inc., a drainage easement dedicated to the State of Texas along Interstate Highway 35W as shown in Exhibit 'A" attached hereto. M&C FP -2656 re There was presented Mayor and Council Communication No. FP -2656 from the City contract for Six, Manager stating that the contract for six, eight, ten, and 16 -inch water line Eight, Ten, and replacement in Jennings, College, Lilac, and Grainger, and eight -inch sewer replacement 16 -inch Water Line in Jennings and Lilac has been completed in accordance with plans and specifications Replacement under Contract No. 17104, awarded to Larry H. Jackson Construction, Inc., May 16, 1989; and recommending that the City Council accept as complete the six, eight, ten, and 16 -inch water line replacement in Jennings, College, Lilac, and Grainger and the eight -inch sewer replacement in Jennings and Lilac, and authorize final payment in the amount of $33,599.63 to Larry H. Jackson Construction, Inc., with funds available in Water Capital Project Fund 53, Retainage No. 205-011104; Encumbrance No. 17104A; and Sewer Capital Project Fund 58, Retainage No. 205-017104, Encumbrance No. 17104B. It was the consensus of the City Council that the recommendations be adopted. Zoning Hearing It appearing to the City Council that on January 9, 1990, the City Council Cont. for one continued the hearing in connection with recommended change in zoning from "E" month Z-89-117, Commercial to "B" Two -Family of property located at 5000 Eastland Street, Zoning Docket Z-89-119, Z-89-120 No. Z-89-117, the recommended change in zoning from "F" Commercial to "B" Two -Family of Z-89-121 property located at 2156 South Jennings Avenue, Zoning Docket No. Z-89-119, the recommended change in zoning from "E" Commercial to "B" Two -Family of property located at 2900 and 2902 Schadt Street, Zoning Docket No. Z-89-120, and the recommended change in zoning from "E" Commercial to "B" Two -Family of property located at 2814 and 2816 Schadt Street, Zoning Docket No. Z-89-121, from day to day and from time to time and especially to the hearing of February 13, 1990, to give every interested person or citizen opportunity to be heard, Mayor Pro tempore Gilley asked if there was anyone present desiring to be heard. Mayor Pro tempore Gilley made a motion, seconded by Council Member Granger, that the applications for changes in zoning covered by Zoning Docket Nos. Z-89-117, Z-89-119, Z-89-120, and Z-89-121 be denied and that the application fees submitted with the applications for changes in zoning be refunded to the applicants. Mr. Joe Bilardi, Director of the Development Department, appeared before the City Council and advised the City Council that the applications for changes in zoning covered by Zoning Docket Nos. Z-89-117, Z-89-119, Z-89-120, and Z-89-121 were submitted as a result of assessment paving hearings. Mr. Gary Santerre, Director of the Transportation and Public Works Department, appeared before the City Council and advised the City Council of the reasons for the applications for changes in zoning covered by Zoning Docket Nos. Z-89-117, Z-89-119, Z-89-120, and Z-89-121 because of assessment paving hearings. Council Member Webber made a motion, seconded by Council Member McCray, that Zoning Docket Nos. Z-89-117, Z-89-119, Z-89-120, and Z-89-121 be considered separately Minutes of City Council 0-3 Page 178 179 TUESDAY, FEBRUARY 13 1990 AYES: Council Members McCray and Webber NOES: Mayor Pro tempore Gilley, Council Members Zapata, Garrison, and Granger ABSENT: Mayor Bolen and Council Member Chappell Council Member Zapata made a motion, seconded by Council Member Granger, that the action of the City Council on the motion to approve Zoning Docket No. Z-89-117 be reconsidered. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Council Member Zapata made a motion, seconded by Council Member Granger, that the application of A.W. Phelps for a change in zoning of property located at 5000 Eastland Street from "E" Commercial to "B" Two -Family, Zoning Docket No. Z-89-117, be denied and that the fee for the application for a change in zoning be returned. When the motion was put to a vote by the Mayor Pro tempore, it failed by the following vote: AYES: Mayor Pro tempore Gilley; Council Members Zapata, Garrison, and Granger NOES: - Council Members Webber and McCray ABSENT: Mayor Bolen and Council Member Chappell Council Member Granger made a motion, seconded by Council Member Zapata, that the applications for changes in zoning of A.W. Phelps for a change in zoning of property located at 5000 Eastland Street from "E" Commercial to "B" Two -Family, Zoning Docket No. Z-89-117; A.J. Walker for a change in zoning of property located at 2156 South Jennings Avenue from "F" Commercial to "B" Two -Family, Zoning Docket No. Z-89-119; Nellie Little for a change in zoning of property located at 2900 and 2902 Schadt Street from "E" Commercial to "B" Two -Family, Zoning Docket No. Z-89-120; and Nellie Little for a change in zoning of property located at 2814 and 2816 Schadt Street from "E" Commercial to "B" Two -Family, Zoning Docket No. Z-89-121 be continued for one month. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. oning It appearing to the City Council that Resolution No. 1498 was adopted by the City Council of the City of Fort Worth, Texas, on January 16, 1990, setting today as the date for hearing in connection with the recommended changes and amendments to Zoning Ordinance No. 3011, and that due notice of the hearing has been given by publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, Mayor Bolen asked— i-f—there was anyone present desiring to be heard. Z-89-128 re cont. It appearing to the City Council that on January 9, 1990, the City Council until such time as continued the hearing in connection with recommended change in zoning from "A" Lake Worth Plan One -Family to "A" One-Family/"HC" Historic and Cultural Subdistrict; and "E" Commercial is considered and to "E" Commercial/"HC" Historic and Cultural Subdistrict of property located at acted upon 9204 Heron Drive, Zoning Docket No. Z-89-128, from day to day and from time to time and especially to the hearing of February 13, 1990, to give every interested person or citizen opportunity to be heard, Mayor Bolen asked if there was anyone present desiring to be heard. At the request of City Manager Ivory, Council Member Granger made a motion, seconded by Council Member Zapata, that the application of the City of Fort Worth for a change in zoning of property located at 9204 Heron Drive from "A" One -Family to "A" One-Family/"HC" Historic and Cultural Subdistrict; and "E" Commercial to "E" Commercial /"HC" Historic and Cultural Subdistrict, Zoning Docket No. Z-89-128, be continued from day to day and time to time and especially until such time as the City Council takes action on the Lake Worth plan. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. r. Paul Halle re Mr. Paul Halle, 5135 Norma, representing the Meadowbrook Zoning Committee, -89-118 appeared before the City Council and requested that the City Council give favorable consideration to the application of Grant Nichols for a change in zoning of property located at 3410 House Anderson Road from "AG" Agricultural to "J" Light Industrial, Zoning Docket No. Z-89-118. Minutes of City Council 0-3 Page 179 and voted upon separately. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. r s. Delores Mrs. Delores Williams, Route 3, Box 37, Burleson, Texas, representing A.W. Phelps, illiams re applicant for a change in zoning of property located at 5000 Eastland Street from "E" -89-117 Commercial to "B" Two -Family, Zoning Docket No. Z-89-117, appeared before the City Council and advised the City Council that the City of Fort Worth rezoned the property to "E" Commercial many years ago and that her parents wish for -the property to remain "E" Commercial. r. Gary Santerre e Z-89- 117 Mr. Gary Santerre, Director of the Transportation and Public Works Department, appeared before the City Council and advised the City Council it is empowered to lower assessments at the time the project is completed. / W. Phelps Council Member Webber made a motion, seconded by Council Member McCray, that the e Z-89-117 application of A.W. Phelps for a change in zoning of property located at 5000 Eastland Street from "E" Commercial to "B" Two -Family, Zoning Docket No. Z-89-117, be approved. When the motion was put to a vote by the Mayor Pro tempore, it failed by the following vote: AYES: Council Members McCray and Webber NOES: Mayor Pro tempore Gilley, Council Members Zapata, Garrison, and Granger ABSENT: Mayor Bolen and Council Member Chappell Council Member Zapata made a motion, seconded by Council Member Granger, that the action of the City Council on the motion to approve Zoning Docket No. Z-89-117 be reconsidered. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Council Member Zapata made a motion, seconded by Council Member Granger, that the application of A.W. Phelps for a change in zoning of property located at 5000 Eastland Street from "E" Commercial to "B" Two -Family, Zoning Docket No. Z-89-117, be denied and that the fee for the application for a change in zoning be returned. When the motion was put to a vote by the Mayor Pro tempore, it failed by the following vote: AYES: Mayor Pro tempore Gilley; Council Members Zapata, Garrison, and Granger NOES: - Council Members Webber and McCray ABSENT: Mayor Bolen and Council Member Chappell Council Member Granger made a motion, seconded by Council Member Zapata, that the applications for changes in zoning of A.W. Phelps for a change in zoning of property located at 5000 Eastland Street from "E" Commercial to "B" Two -Family, Zoning Docket No. Z-89-117; A.J. Walker for a change in zoning of property located at 2156 South Jennings Avenue from "F" Commercial to "B" Two -Family, Zoning Docket No. Z-89-119; Nellie Little for a change in zoning of property located at 2900 and 2902 Schadt Street from "E" Commercial to "B" Two -Family, Zoning Docket No. Z-89-120; and Nellie Little for a change in zoning of property located at 2814 and 2816 Schadt Street from "E" Commercial to "B" Two -Family, Zoning Docket No. Z-89-121 be continued for one month. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. oning It appearing to the City Council that Resolution No. 1498 was adopted by the City Council of the City of Fort Worth, Texas, on January 16, 1990, setting today as the date for hearing in connection with the recommended changes and amendments to Zoning Ordinance No. 3011, and that due notice of the hearing has been given by publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, Mayor Bolen asked— i-f—there was anyone present desiring to be heard. Z-89-128 re cont. It appearing to the City Council that on January 9, 1990, the City Council until such time as continued the hearing in connection with recommended change in zoning from "A" Lake Worth Plan One -Family to "A" One-Family/"HC" Historic and Cultural Subdistrict; and "E" Commercial is considered and to "E" Commercial/"HC" Historic and Cultural Subdistrict of property located at acted upon 9204 Heron Drive, Zoning Docket No. Z-89-128, from day to day and from time to time and especially to the hearing of February 13, 1990, to give every interested person or citizen opportunity to be heard, Mayor Bolen asked if there was anyone present desiring to be heard. At the request of City Manager Ivory, Council Member Granger made a motion, seconded by Council Member Zapata, that the application of the City of Fort Worth for a change in zoning of property located at 9204 Heron Drive from "A" One -Family to "A" One-Family/"HC" Historic and Cultural Subdistrict; and "E" Commercial to "E" Commercial /"HC" Historic and Cultural Subdistrict, Zoning Docket No. Z-89-128, be continued from day to day and time to time and especially until such time as the City Council takes action on the Lake Worth plan. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. r. Paul Halle re Mr. Paul Halle, 5135 Norma, representing the Meadowbrook Zoning Committee, -89-118 appeared before the City Council and requested that the City Council give favorable consideration to the application of Grant Nichols for a change in zoning of property located at 3410 House Anderson Road from "AG" Agricultural to "J" Light Industrial, Zoning Docket No. Z-89-118. Minutes of City Council 0-3 Page 179 IPSO TUESDAY, FEBRUARY 13. 1990 Council Member Webber and Council Member Garrison advised the City Council they have conflicts of interest with the application of NCNB Texas National Bank, Zoning Docket No. Z-90-009, and Federal Express Corporation, Zoning Docket No. Z-90-011, and requested permission to abstain from voting. Mr. Joe Bilardi re Mr. Joe Bilardi, Director of the Development Department, appeared before the City Z-90-011 Council and advised the City Council that the waiver of site plan on Zoning Docket No. Z-90-011 is incorrect and that a site plan is required for the property at 109 North Chandler Avenue, Zoning Docket No. Z-90-011. Council Member Zapata made a motion, seconded by Council Member McCray, that the applications of NCNB Texas National Bank for a change in zoning of property located at 500 Haltom Road from "AG" Agricultural to "K" Heavy Industrial, Zoning Docket No. Z-90-009, and the application of Federal Express Corporation for a change in zoning of property located at 109 North Chandler Avenue from "G" Commercial to "PD/SU" Planned Development/Specific Use for all uses in the "G" Commercial District and an office warehouse (for package delivery service subject to the site plan submitted); waiver of site plan, Zoning Docket No. Z-90-011, be continued from day to day and time to time and especially to the City Council meeting of February 27, 1990. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. "B" Two -Family to "PD/SU" Planned Development/Specific Use for general office, medical facility and/or auxillary parking. Z-89-118 Z-89-118 GRANT NICHOLS 3410 House Anderson Road "AG" Agricultural to "J" Light Industrial Z-89-124 Z-89-124 GARY TREADWELL 5150 Trail Lake Drive "E -R" Restricted Commercial to "PD/SU" Planned Development/Specific Use for all uses in the "E" Commercial District except pawn shops, retail sales with gasoline sales, restaurants and any sale of alcoholic beverages; waiver of site plan. Z-90-007 Z-90-007 CURTIS TALLY by Bobby Stewart Southeast Corner of I -35W & Haslet Road Unzoned to "F" Commercial Z-90-008 Z-90-008 SALLY HALLGREN 311 University Drive "PD/SU" Planned Development, Special Use, Case #PD 53 to "E" Commercial. Z-90-012 Z-90-012 THE BATTERY CORPORATION by Dennis Hopkins 2804 Jacksboro Highway "E" Commercial to "I" Light Industrial. Z-90-0 13 Z-90-013 PHILLIP C. SCHWAB by Jim Austin 2701 Miller Avenue, 4233 & 4232 Bertha Avenue "A" One -Family to "CF" Community Facilities. Minutes of City Council 0-3 Page 180 In response to a question of Council Member Webber, Mr. Joe Bilardi advised the City Council, that if the property at 2701 Miller Avenue and 4233 and 4232 Bertha Avenue, Zoning Docket No. Z-90-013 is changed to "CF" Community Facilities and the YMCA does not use the property, any other use under "CF" will be allowed. Mr. Barry Hudson Mr. Barry Hudson appeared before the City Council and expressed his concerns re Z-90-017 regarding the metes and bounds description in the application of the City of Fort Worth Department of Real Property Management for a change in zoning of property located at 7400 Jacksboro Highway (S.H. 199), 7500 Surfside Drive, and 7450 Watercress Drive (Casino Beach), Zoning Docket No. Z-90-017, and stated that the rezoning of Tract 1 should be for 20.8245 acres and Tract 2 should be for 3.0178 acres, and that the total area covered by Zoning Docket No. Z-90-017 has been reduced from 51.644 acres to 23.8423 acres, but which reduction is not reflected in the minutes of the meeting of the City Zoning Commission. Mr. Ralph Stangl ri Mr. Ralph Stangl, 8100 Malaga Drive, appeared before the City Council and Z-90-017 expressed opposition to the description of the property proposed for a change in zoning covered by Zoning Docket No. Z-90-017 (Casino Beach) and requested that the record be changed so that the reduced acreage is reflected to be that approved by the City Zoning Commission. There being no one else present desiring to be heard in connection with recommended changes and amendments to Zoning Ordinance No. 3011, Council Member Zapata made a motion, seconded by Council Member McCray, that the hearing be closed and that the recommended changes in zoning be approved, as follows: Z-89-115 Z-89-115 HAYES FAMILY IRREVOCABLE TRUST, by Vernon J. Hayes 3609 and 3615 Birchman Avenue "B" Two -Family to "PD/SU" Planned Development/Specific Use for general office, medical facility and/or auxillary parking. Z-89-118 Z-89-118 GRANT NICHOLS 3410 House Anderson Road "AG" Agricultural to "J" Light Industrial Z-89-124 Z-89-124 GARY TREADWELL 5150 Trail Lake Drive "E -R" Restricted Commercial to "PD/SU" Planned Development/Specific Use for all uses in the "E" Commercial District except pawn shops, retail sales with gasoline sales, restaurants and any sale of alcoholic beverages; waiver of site plan. Z-90-007 Z-90-007 CURTIS TALLY by Bobby Stewart Southeast Corner of I -35W & Haslet Road Unzoned to "F" Commercial Z-90-008 Z-90-008 SALLY HALLGREN 311 University Drive "PD/SU" Planned Development, Special Use, Case #PD 53 to "E" Commercial. Z-90-012 Z-90-012 THE BATTERY CORPORATION by Dennis Hopkins 2804 Jacksboro Highway "E" Commercial to "I" Light Industrial. Z-90-0 13 Z-90-013 PHILLIP C. SCHWAB by Jim Austin 2701 Miller Avenue, 4233 & 4232 Bertha Avenue "A" One -Family to "CF" Community Facilities. Minutes of City Council 0-3 Page 180 TUESDAY, FEBRUARY 13, 1990 -90-014 Z-90-014 5B CORPORATION by William Ranelle 3001 NE t t reet "B" Two -Family, "E" Commercial and "I" Light Industrial to "I" Light Industrial. -90-015 Z-90-015 MICHAEL D. BALL 601-609 Main Street "H" Business to "H/HC" Business/Historic & Cultural Subdistrict. Z-90-017 Z-90-017 CITY OF FORT WORTH DEPARTMENT OF REAL PROPERTY MANAGEMENT by Mike Mike Pyles 7400 Jacksboro Highway (S.H. 199), 7500 Surfside Drive, 7450 Watercress Drive (Casino Beach) "A" One -Family to "E" Commercial and "PD/SU" Planned Development Specific Use for all uses in the "F" Commercial District including the uses, related uses and complementary uses which can be associated with the recreational uses specifically called out in the Lake Worth leases for this property; shall include but not be limited to: Aqua golf practice range, miniature golf, fishing equipment and bait sales, boat rental and sales, water ski rental, skating rink, dance hall, pool hall, video arcade, bingo, batting cages, tennis, food and drink sales, souvenir sales, golf equipment rental and sales, swimming, picnic areas, marina, fish farm, beer and wine sales, restaurant, -and riverboat operation, except that these amusement enterprises will specifically exclude free-standing bars, cocktail lounges, night clubs or taverns; or those alcoholic beverage sale uses not directly related to a restaurant or food service operation serving the other recreational uses. This does allow the sale of alcoholic beverages for a catered activity or for special facility rental situations. However, the uses allowed shall not include the following: Sexually oriented businesses, recording studios, furniture upholstery, theaters, automobile/motorcycle/trailer sales or rental, blood bank, bowling alley, feed stores, public garage for repairs of automobiles, paint and body shops, gunsmithing, hotels/motels, hospitals, nursing homes, mini -warehouses, auto parts supply, saddle/harness repair and sales, car wash facilities, full-service service stations, banks, pet shops, department stores, animal hospitals, drug stores, dry goods stores, appliance sales, funeral homes, pawn shops, recreational vehicle park, radio/television sales and servicing, clothing shop, and care facilities. -90-018 Z-90-018 LAKE GRANBURY NATIONAL BANK by Michael Gilley 82ZO-8228 Highway 80 West "E" Commercial to "F -R" Restricted Commercial. When the motion was put to a -vote by the Mayor Pro tempore, it prevailed unanimously. ntroduced an Council Member Zapata introduced an ordinance and made a motion that it be r dinan ce adopted. The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, and Webber NOES: None ABSENT: Mayor Bolen and Council Member Chappell The ordinance, as adopted, is as follows: rdinance No. ORDINANCE NO. 10524 0524 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 3011, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS AND SHOWING SUCH, DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. Minutes of City Council 0-3 Page 181 182 Ordinance No. 10524 cont. lAdjourned - TUESDAY, FEBRUARY 13, 1990 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 6. That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than One Thousand Dollars ($1,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. There being no further business, the City CITY SECRETARY Minutes of City Council 0-3 Page 182