HomeMy WebLinkAbout1990/02/20-Minutes-City CouncilCouncil met
Members Present
Invocation
Pledge of
Allegiance
February 13, 1990
minutes approved
Proclamation -
Friends of the For
Worth Library Week
Proclamation -
"Brotherhood/'
Sisterhood" Week
The Honorable
Federico Pena,
Mayor of City of
Denver, Colorado
Withdrew M&C C-
12177
Withdrew M&C C-
12170
Consent agenda
Nominated Mr. Paul
Williams to the
PIC
Nominated Ms.
Wanda L. Woods to
Housing Authority
of the City of
Fort Worth
Resignation of
Mr. Jackson Wilson
#nom the Board of
Adjustment
CITY COUNCIL MEETING
FEBRUARY 20, 1990
On the 20th 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 Bob Bolen; Mayor Pro tempore Garey W. Gilley; Council Members Louis J.
Zapata, William N. Garrison, Kay Granger, Eugene McCray, Virginia Nell Webber, and
David Chappell; City Manager David Ivory; City Attorney Wade Adkins; City Secretary
Ruth Howard; with more than a quorum present, at which time the following business was
transacted:
The invocation was given by The Reverend Floyd Kinser, Associate Pastor, First
Presbyterian Church.
The Pledge of Allegiance was recited.
On motion of Mayor Pro tempore Gilley, seconded by Council Member McCray, the
minutes of the meeting of February 13, 1990, were approved.
A proclamation for Friends of the Fort Worth Library Week was presented to
Mr. John Kaempf and -Mr. Keith Smith, Friends of the Public Library Club.
A proclamation for "Brotherhood/Sisterhood' Week was presented to Mr. Barclay
Ryall, National Conference of Christians and Jews.
The Honorable Federico Pena, Mayor of the City of Denver, Colorado, was
introduced and Mayor Pena expressed his appreciation to Mayor Bolen for his support of
the Denver airport project.
City Manager Ivory requested that Mayor and Council Communication No. C-12177 be
withdrawn from the agenda.
Mayor Pro tempore Gilley requested that Mayor and Council Communication
No. C-12170 be withdrawn from the consent agenda.
On motion of Mayor Pro tempore Gilley, seconded by Council Member McCray, the
consent agenda was approved.
Mayor Bolen nominated Mr. Paul Williams for membership on the Private Industry
Council and made a motion, seconded by Mayor Pro tempore Gilley, that Mr. Williams be
appointed to Seat 19 on the Private Industry Council, representing the Fort Worth
Chamber of Commerce, for a term of office expiring October 1, 1991, and, when the
motion was put to a vote by the Mayor, it prevailed unanimously.
Mayor Bolen nominated Ms. Wanda L. Woods for membership on the Housing Authority
of the City of Fort Worth and made a motion, seconded by Council Member Webber, that
Ms. Wanda Woods be appointed to the Housing Authority of the City of Fort Worth. When
the motion was put to a vote by the Mayor, it prevailed unanimously.
Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that
the resignation of Mr. Jackson Wilson from the Board of Adjustment be accepted with
regrets. When the motion was put to a vote by the Mayor, it prevailed unanimously.
Minutes of City Council 0-3 Page 182
183
TUESDAY, FEBRUARY 20, 1990
M&C OCS-83 Ciabieli
There was presented Mayor and Council
Communication No. OCS-83 from the Office
of
ty Bonds
the City Secretary recommending that the
City Council authorize the acceptance
of
liability bonds, as follows:
Location of Incident: Intersection of North Main and West Central
CEMENT BONDS
INSURANCE COMPANY
Injuries: $10,000,000.00
Maberry Construction Company
Western Surety Company
result of negligence in planning and
Teagan Construction, Inc.
Western Surety Company
5. Claimant: Marian Brown
M&C OCS-83 adopted
It was the consensus of the City Council that
the recommendation be adopted.
Date of Incident: November 11, 1989
M&C OCS-84 Claims
There was presented Mayor and Council
Communication No. OCS-84 from the Office
of
the City Secretary submitting notices of claims for alleged damages and/or injuries
and
Injuries: Undeclared
recommending that notices of claims be referred to the Risk Management Department,
as
follows:
of the City.
Aetna Personal 1. Claimant: (Jim Hay)
Financial Security Aetna Personal Financial Security Division
Di evi i on (Jim Date Received: February 12, 1990
Hay) Date of Incident: December 28, 1989
Location of Incident: Undeclared
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges subrogation rights for their
insured's (Earline Welch Kennedy) property.
Luvenia Steward 2. Claimant: Luvenia Steward
Date Received: February 13, 1990
Date of Incident: November 18, 1989
Attorney: Wallace Craig and Associates (Wallace Craig)
Location of Incident: Vaughn Boulevard and Avenue N
Estimate of Damages/
Injuries: In excess of $75,000.00
Nature of Incident: Claimant alleges damages and injuries as the
result of an accident involving a City -owned
vehicle (police).
Amon Carter Museum 3. Claimant: Amon Carter Museum (James E. Thompson)
( James E. Thompson) Date Received: February 13, 1990
Date of Incident: October 16, 1990
Location of Incident: Corner of Camp Bowie and Will Roger Road
Estimate of Damages/
Injuries: $2,065.00
Nature of Incident: Claimant alleges damages to its property as
the result of a broken water pipe owned by
the City.-
Russell
ity.
Russell Alan Aycock
4. Claimant: Russell Alan Aycock
Date Received: February 12, 1990
Date of Incident: January 12, 1990
Attorney: McCleskey , Harri ger, BraziII & Gray
(Dennis R. Burrows)
Location of Incident: Intersection of North Main and West Central
Estimate of Damages/
Injuries: $10,000,000.00
Nature of Incident: Claimant alleges damages and injuries as the
result of negligence in planning and
controlling traffic at above location.
Marian Brown
5. Claimant: Marian Brown
Date Received: February 12, 1990
Date of Incident: November 11, 1989
Attorney: Crouch & Crouch (Paul Crouch)
Location of Incident: Undeclared
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges damages and injuries as the
result of an accident involving an employee
of the City.
teve Evans 6. Claimant: Steve Evans
Date Received: February 7, 1990
Date of Incident: January 27, 1990
Location of Incident: South on 121 Freeway
Estimate of Damages/
Injuries: $540.61 - $560.52
Nature of Incident: Claimant alleges damages to his automobile as
the result of rocks coming off of a
City -owned vehicle (truck).
heodore Jacobs 7. Claimant: Theodore Jacobs
Date Received: February 7, 1990
Date of Incident: December 18, 1989
Location of Incident: 5513 Geddes
Minutes of City Council 0-3 Page 183
i
Theodore Jacobs Estimate of Damages/
claim cont. Injuries:
Nature of Incident:
Gloria Allen 8. Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
Bertha V. Bowman
9..
Claimant:
Yandel 1
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
Juan Estrada (car
10.
Claimant:
owner)
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
Barbara Davis
11.
Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
C.B. Sherman
12.
Claimant:
Date Received:
Date of Incident:
Attorney:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
John F. Littlefield
13.
Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
Basem Samman
14.
Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
Sherry Veronica
15.
Claimant:
Rochon
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
TUESDAY FEBRUARY 20 1990
$52.42 - $64.99
Claimant alleges damages to his property as
the result of actions taken by Fort Worth
Police personnel.
Gloria Allen
February 7, 1990
Undeclared
South on New York to Berry
$295.00
Claimant alleges damages to her automobile as
the result of street conditions.
Bertha V. Bowman Yandell
February 7, 1990
January 26, 1990
Bridge Street and Bridgewood
$562.50
Claimant alleges damages to her automobile as
the result of an accident involving a
City -owned vehicle (truck).
Juan Estrada (car owner)
February 7, 1990
January 6, 1990
6921 Green Oaks Rd.
$298.60 - $341.00
Claimant alleges damages to his automobile as
the result of street conditions.
Barbara Davis
February 7, 1990
December 21, 1989
1840 Hillcrest
$60.00
Claimant alleges damages to property as the
result of City turning off water because of a
broken pipe during freeze.
C.B. Sherman
February 9, 1990
January 25, 1990
Jim Puff
5500 Block of Ramey
$100,000.00
Claimant alleges damages and injuries as the
result of a fall into a man hole.
John F. Littlefield
February 14, 1990
January 30, 1990
2300 E. Vickery
Undeclared
Claimant alleges damages to his automobile as
the result of City crewmen repairing the
street.
Basem Samman
February 14, 1990
Undeclared
9521 Prairie View
$1,900.03 - $2,760.37
Claimant alleges damages to his automobile as
the result of an accident involving a
City -owned vehicle (garbage truck).
Sherry Veronica Rochon
February 14, 1990
December 6, 1989
Horne St. & another Street
Undeclared
Claimant alleges damages and injuries as the
result of an accident involving a City -owned
vehicle (police car).
Minutes of City Council 0-3 Page 184
185
TUESDAY, FEBRUARY 20, 1990
Truitt Clinard 16. Claimant: G. Truitt Clinard
Date Received: February 14, 1990
Date of Incident: January 11, 1990
Location of Incident: water meter in front of resident's house
(2417 Acorn Run)
Estimate of Damages/
Injuries: $439.50
Nature of Incident: Claimant alleges damages to his sprinkler
system occurred when City repaired/replaced
water meter.
Lillian F. Pease 17. Claimant: Lillian F. Pease
Date Received: February 14, 1990
Date of Incident: December 31, 1989
Location of Incident: 5500 Humbert
Estimate of Damages/
Injuries: $98.00
Nature of Incident: Claimant alleges damages to her property as
the result of a broken water main.
Mario -Moreno and 18. Claimant: Mario Moreno and Fred Gomez - Driver
Fred Gomez - Driver Date Received: February 14, 1990
Date of Incident: January 1, 1990
Location of Incident: 2600 Angle
Estimate of Damages/
Injuries: $1,264.00 - $1,334.00
Nature of Incident: Claimant alleges damages to his automobile as
the result of an accident caused by the
City's failure to properly maintain a stop
sign.
Fort Worth Apostolic 19. Claimant: Fort Worth Apostolic Church (Stephen Mooney)
Church (Stephen Date Received: February 14, 1990
Mooney) Date of Incident: September 9, 1990
Location of Incident: 2701 E. Belknap (Marshall St.)
Estimate of Damages/
Injuries: $691.00
Nature of Incident: Claimant alleges damages to its property as
the result of the City's failure to properly
repair sewer main.
Oscar Garcia Lara 20. Claimant: Oscar Garcia Lara
Date Received: February 14, 1990
Date of Incident: January 26, 1990
Location of Incident: 1015 W. Broadway (Corner of Adams & Broadway)
Estimate of Damages/
Injuries: $122.01 - $124.70
Nature of Incident: Claimant alleges damages to his automobile as
the result of a water meter door left open.
Melva Holland Tate 21. Claimant: Melva Holland Tate
Date Received: February 14, 1990
Date of Incident: January 6, 1990
Location of Incident: 3277 Todd Avenue
Estimate of Damages/
Injuries: $85.90 - $95.00
Nature of Incident: Claimant alleges damages to her property as
the result of blockage in City -owned sewer
main.
&C OCS-84 adopted It was the consensus of the City Council that the recommendation be adopted.
M&C OCS -85 re There was presented Mayor and Council Communication No. OCS-85 from the Office of
correspondence from the City Secretary submitting correspondence from Mr. R.G. Guthrie regarding the
Mr. R.G. Guthrie prospective lease of the Terminal Building and other facilities at the Fort Worth
lease of terminal Spinks Airport, application for gasoline sales, and fixed based operator license. It
building at Fort was the consensus of the City Council that the correspondence be referred to the Office
Worth Spinks Airport of the City Manager.
M&C OCS-86 re There was presented Mayor and Council Communication No. OCS-86 from the Office of
Setting Zoning the City Secretary recommending that a resolution be adopted setting the zoning hearing
Hearing for March 13, 1990. On motion of Council Member Chappell, seconded by Mayor Pro
tempore Gilley, the recommendation was adopted.
Council Member Chappell introduced a resolution and made a motion that it be
Introduced an adopted. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying
Resolution with it the adoption of said resolution, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Webber, and Chappell
NOES: None
ABSENT: None
Minutes of City Council 0-3 Page 185
TUESDAY, FEBRUARY 20, 1990
The resolution, as adopted, is as follows:
Resolution No. RESOLUTION NO. 1507
1507 A RESOLUTION PROVIDING FOR A PUBLIC HEARING TO BE HELD IN THE CITY
COUNCIL CHAMBERS AT THE MUNICIPAL BUILDING IN THE CITY OF FORT
WORTH, TEXAS, ON MARCH 13, 1990 AT 10:00 A.M., FOR THE PURPOSE OF
CONSIDERING THE PROPOSED CHANGES AND AMENDMENTS TO ORDINANCE
NO. 3011, AS AMENDED, WHICH IS THE COMPREHENSIVE ZONING ORDINANCE
OF SAID CITY, AND PROVIDING THAT SAID HEARING MAY CONTINUE FROM DAY
TO DAY UNTIL EVERY INTERESTED PARTY AND CITIZEN HAS HAD A FULL
OPPORTUNITY TO BE HEARD.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
That at 10:00 O'clock A.M., Tuesday, March 13, 1990 the City Council of the
City of Fort Worth, which is the legislative body of said City, will hold a
public hearing in the Council Chambers at the Municipal Building for the
purpose of considering changes and amendments to Ordinance No. 3011, as
amended, the Comprehensive Zoning Ordinance of said City. The purpose of
said hearing is to determine whether or not said Ordinance No. 3011, as
amended, should be amended so that the zoning classification of the following
areas shall be changed as hereinafter described.
Z-90-001 Lot 24, Block 3, Walker Addition
(4101 Baldwin Street)
Recommended from "E" Commercial to "A" One -Family
Z-90-002 Lots I and J, J.R. Selleh Subdivision
(1208 and 1212 West Bolt Street)
Recommended from "E" Commercial to "A" One -Family
Z-90-003 Tract 1:
parts of
the James Eads Survey, AB. 410 and the
T.J. Bates
Survey, No.
206, situated about
17 1/3 miles south 30
degrees west from the
courthouse in Denton,
Texas; a portion of the
165.50 acres tract described in the deed
to Frederick Brodsky
recorded
in volume
1648, page 842 of
the Denton County Deed
Records.
BEGINNING at a 7/8" iron rod for the northwest corner of Parcel 6,
Part 2 described in the deed to the State of Texas recorded in
volume 517, page 204 of the said Deed Records and being the
southwest corner of the said 165.50 acre tract.
THENCE N 0&38'45" E, along the west line of said 165.50 acre tract,
277-3/10 feet to a 7/8" iron rod for the south corner of Parcel 6.
Part 1 described in the said deed to the State of Texas recorded in
volume 517, page 204 of the said Deed Records.
THENCE N 26&19'36" E with the East Right of Way of I -35W and along
the west line of said 165.50 acre tract and the east line of said
Parcel 6, Part 1, a distance of 360-62/100 feet to a 7/8" iron rod.
THENCE N 30&54'48" E, continuing along the said west line of 165.50
acre tract and said east line of I -35W, a distance of 2219.55 feet
to a 7/8" iron rod for the northwest corner of said 165.50 acre
tract and northeast corner of said Parcel 6, Part 1.
THENCE S 89&38'30" E, along the north line of said 165.50 acre
tract, 634-6/10 feet.
THENCE S 9&48'30" W 410 feet.
THENCE N 89&38'30" W 4.5 feet to the beginning of a curve to the
left having a radius of 490 feet.
THENCE southwesterly along said curve to the left an arc length of
528.80 feet to it's end, the long chord of said 528.80 feet arc is
503.51 feet.
THENCE S 28&31'30" W, 1418.20 feet to the beginning of a curve to
the left having a radius of 926.91 feet.
THENCE southwesterly along said curve to the left an arc length of
453.85 feet to its end, the long chord of said 453.85 feet arc
S 14&29'53" W.
THENCE S 0&28'15" W, 210 feet to the south line of said 165.50 acre
tract.
Minutes of City Council 0-3 Page 186
187
TUESDAY, FEBRUARY 20, 1990
esolution No. THENCE N 89&31'45" W, continuing along the said south line of
507 cont. 165.50 acre tract, 414-6/10 feet to a boat spike for the southeast
corner of the said Parcel 6, Part 2.
THENCE N 0&28'15" E, along the east line of the said Parcel 6,
Part 2, and continuing along the said south line of the 165.50 acre
tract, 17 feet to a 7/8" iron rod for the northeast corner of the
said Parcel 6, Part 2.
THENCE N 79&02' W, along the north line of said Parcel 6, Part 2
and the south line of the said Parcel 6, Part 2 and the north line
of 165.50 acre tract, 74.91 feet to the PLACE OF BEGINNING and
containing 35-117/100 acres.
(I35W North of Peterson Lane)
Recommended from Unzoned to "J" Light Industrial
Tract 2: parts of the T.J. Bates Survey, Abstract No. 206 and the
James Eades Survey, Abstract No. 410, situated in the southerly
part of Denton County, Texas; and embracing all of the 16-84/100
acres tract described in the deed to Richard C. Schaffer, M.D.
recorded in volume 1399, page 397 of the Denton County Deed
Records.
Beginning at a 7/8' iron rod for the northeast corner of said
16-84/100 acres tract in the north line of said Bates Survey,
258-6/10 feet east of its northwest corner and the northeast corner
of the said Eads Survey, said 7/8' iron rod being the northwest
corner of Parcel 6, Part 1 described in the deed to the State of
Texas for Interstate Highway 35-W recorded in volume 517, page 204
of the said Deed Records.
Thence S 30&54'48" W along the easterly line of said 16-84/100
acres tract and along the west line of said State Parcel for the
west line of said Highway 1838-4/10 feet to a concrete monument for
the south corner of said 16-84/100 acres tract and for the
northwest corner of said State Parcel.
Thence N 00&38 3/4'00" E along the west line of said 16-84/100
acres tract, generally along a fence, 1583-2/10 feet to a 7/8' iron
rod in the north line of said Eads Survey for the northwest corner
of said 16-84/100 acres tract.
Thence S 89&38 1/2'00" E along the said north line of the Eads
Survey and said 16-84/100 acres tract, to and along the north line
of said Bates Survey, generally along a fence, 926-65/100 feet to
the place of beginning and containing 16-84/100 acres, of which
1=3/10 acres are within the Bates Survey and 15-54/100 acres are
within the Eads Survey.
(I35W North or Peterson Road)
Recommended from Unzoned to "K" Heavy Industrial
Z-90-005 Lots K and L, J.R. Selleh Subdivision
(1216 and 1220 West Bolt Street)
Recommended from "E" Commercial to "A" One -Family.
Z-90-010 Lot 1, Block 2, Walker Addition
(4100 Baldwin Street)
Recommended from "E" Commercial to "A" One -Family
Z-90-019 Lot 22, Block 133 and one-half, Belmont Terrace Addition
(1300 Jacksboro Highway)
Recommended from "E" Commercial to "F" Commercial.
Z-90-020 Lots 1-8, Block K-1, Daggetts Addition
(1701-1715 Calhoun Street)
Recommended from "J" Light Industrial to "H" Business
Z-90-021 All that certain lot, tract or parcel of land lying in the
G.B. Stone Survey, Abstract No. 1401, Tarrant County, Texas, and
being a portion of Lot C, Block 1, Huguley Memorial Addition
according to the plat filed of record in Volume 388-169, Page 20,
Minutes of City Council 0-3 Page 187
TUESDAY, FEBRUARY 20, 1990
Resolution No. P.R.T.C.T., and being more particularly described by metes and
1507 cont. bounds as follows:
BEGINNING at an iron rod found, said point being the northeast
corner of Lot DR, Block 1, of said addition according to the plat
filed of record in Volume 388-212, Page 53, P.R.T.C.T., for the
southeast corner of this tract;
THENCE N 89&45'16" W, along the north line of Lot DR, a distance of
.706.46 feet to a point for the southeast corner of this tract, said
point being in the easterly line of Medpark Drive, an access and
utility easement;
THENCE N 35&13'31" E, along the easterly line of said easement, a
distance of 187.53 feet to a point for corner, said point being the
beginning of a tangent curve to the left;
THENCE along the easterly line of said easement and long said
curve, whose radius is 218.00 feet and whose central angle is
63&40'16", an arc distance of 242.26 feet to a point in the north
line of said Lot C for the northwest corner of this tract;
THENCE S 89&45'34" E, a distance of 628.68 feet to an iron rod
found at a fence corner post for the northeast corner of this
tract, said point being the northeast corner of Lot C;
THENCE S 00&02'53" W, along the east line of Lot C, a distance of
381.59 feet to the place of beginning, and containing 5.39 acres of
land, more or less.
(11801 South Freeway (I.H. #35W)
From "CF" Community Facilities to "E" Commercial.
Z-90-022 Parts of the Nathan Proctor Survey, Abstract No. 1230, and the
J.F. Heath Survey, Abstract No. 641, situated in the southwest part
of Fort Worth in Tarrant County, Texas; and embracing a portion of
the 29.852 acres tract described in the deed to the Bellaire
Company recorded in volume 9439, page 1815 of the D.R.T.C.T.
Beginning at a 1" iron rod in concrete for the southwest corner of
said Bellaire Company tract and an east corner of Block C of Mira
Vista Addition as said Block C appears upon the map recorded in
volume 388-207, pages 61, 62 and 63 of.D.R.T.C.T.
THENCE N 9&12'53" W, along the common line of said Block C and said
Bellaire Company tract, 607.04 feet to a 5/8" iron rod.
THENCE N 70&30' E, 633.96 feet to a 5/8" iron rod.
THENCE S 35&30' E, 206.84 feet.
THENCE S 26&16'23" E, 286.03 feet.
THENCE S 00&18'42" W, 390 feet to the south line of said Bellaire
Company tract from which a 5/8" iron rod for the southeast corner
of said Bellaire Company tract in the northwesterly line of Bryant
Irvin Road bears S 89&41'18" E, 512.08 feet.
THENCE N 89&41'18" W, continuing along said south line of Bellaire
Company tract, 745 feet to the place of beginning and containing
12.526 acres.
(Southwest corner of_Bryant Irvin Road and Bellaire Drive South)
From "E" and "G" Commercial to "A" One -Family.
Z-90-023 Lots 31-40, Block 18, Chamberlain Arlington Heights Addition, First
Filing
(4600 Dexter Avenue)
From "C" Multi -Family and "I" Light Industrial to "PD/SU" Planned
Development/Specific Use for all uses in the "E" Commercial
District except for the following: Auditoriums, theaters and
moving picture shows; turkish baths and similar treatments;
cleaning, dying, pressing, washaterias, and similar laundry
activities; dog, cat and other small animal hospitals; retail
nursery yards; and pawn shops. Waiver of site plan recommended.
That the proposed amendments and changes at this hearing will be considered
in accordance with the provisions of Chapter 211 of the Texas Local
Government Code.
Minutes of City Council 0-3 Page 188
•
TUESDAY, F,EBRUARY720,' -090r
Resolution No. BE IT FURTHER RESOLVED that this Resolution, when published in the official
1507 cont. newspaper of the City of Fort Worth, which is a paper of general circulation,
one (1) time, shall constitute a notice of hearing, which publication shall
be made at least fifteen (15) days prior to such hearing, and all interested
parties are urgently requested to be in the Council Chambers at the Municipal
Building at the time hereinabove set forth to make any protest or suggestion
that may occur to them, and this hearing may continue from day to day until
every interested party and citizen has had a full opportunity to be heard.
M&C G-8473 re There was presented Mayor and Council Communication No. G-8473 from the City
benefit hearing Manager stating that the 1986 Capital Improvement Program approved in March 1986
included funds for improvement of Hawthorne Avenue from 5th Avenue to Hemphill Street;
that Hawthorne Avenue is in the Mid -South Target Area and previously has been
constructed to City standards; that Community Development Block Grant funds will
provide 15 percent of the construction cost; that the project is located in Council
District 9; that the total estimated cost of the project is $283,901.20; that financing
for the City's share of the construction cost will be established at the time of the
contract award; and recommending that the City Council:
1. Declare the necessity for and order the improvements to Hawthorne Avenue
from 5th Avenue to Hemphill Street;
2. Authorize the assessment of a portion of the cost of the improvements to
Hawthorne Avenue against the owners of the abutting property;
3. Approve the estimate of costs and amounts to be assessed as stated in
the Engineer's Estimate;
4. Establish March 20, 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.
Mr. Gary Santerre Mr. Gary Santerre, Director of the Transportation and Public Works Department,
re M&C G-8473 appeared before the City Council and advised the Council that none of the three
projects being recommended today for establishment of benefit hearings have been
advertised.
Council Member Chappell made a motion, seconded by Council Member Garrison, that
the recommendation, as contained in Mayor and Council Communication No. G-8473, be
adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously.
M&C G-8474 re There was presented Mayor and Council Communication No. G-8474 from the City
benefit hearing Manager stating that the 1986 Capital Improvement Program approved in March 1986
included funds for improvement of Trail Lake Drive from Woodway Drive to Wedgmont
Circle; that Trail Lake Drive previously has been constructed to City standards;
that the project is located in Council District 6; that the total estimated cost is
$432,522.20; stating that financing for the construction cost will be established at
the time of the contract award; and recommending that the City Council:
1. Declare the necessity for and order the improvements to Trail Lake Drive
from Woodway Drive to Wedgmont Circle;
2. Authorize the assessment of a portion of the cost of the improvements to
Trail Lake Drive against the owners of the abutting property;
3. Approve the estimate of costs and amounts to be assessed as stated in
the Engineer's Estimate;
4. Establish March 20, 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-8475 re
benefit hearing
On motion of Council Member Garrison, seconded by Council Member Granger, the
recommendations were adopted.
There was presented Mayor and Council Communication No. G-8475 from the City
Manager stating that the 1986 Capital Improvement Program approved in March 1986
included funds for improvement of Phoenix Drive from Highway 80W to Doreen Avenue; that
Phoenix Drive previously has been constructed to City standards; that the project is
located in Council District 3; that the total estimated cost is $118,092.70; stating
that financing for construction cost will be established at the time the contract is
awarded; and recommending that the City Council:
1. Declare the necessity for and order -the improvements to Phoenix Drive
from U.S. Highway 80W to Doreen Avenue;
2. Authorize the assessment of a portion of the cost of the improvements to
Phoenix Drive against the owners of the abutting property;
Minutes of City Council 0-3 Page 189
190
TUESDAY, FEBRUARY 20, 1990
M&C G-8475 cont. I 3. Approve the estimate of costs and amounts to be assessed as stated in
the Engineer's Estimate;
4. Establish March 20, 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-8475 adopted On motion of Mayor Pro tempore Gilley, seconded by Council Member Zapata, the
recommendations were adopted.
Reconsider appt. Mayor Pro tempore Gilley made a motion, seconded by Council Member Granger, that
of Wanda Woods to the City Council reconsider the appointment of Wanda Woods to the Housing Authority of
the HA of Fort the City of Fort Worth. When the motion was put to a vote by the Mayor, it prevailed
Worth cont. for
one week unanimously.
Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that
the appointment of Wanda Woods to the Housing Authority of the City of Fort Worth be
continued for one week. When the motion was put to a vote by the Mayor, it prevailed
unanimously.
Council Member Chappell advised the City Council that he had spoken to the City
Attorney in regard to his voting on tax overpayments which might involve the payment of
taxes to the school and stated that he would be voting on this matter, and that there
was no conflict of interest.
M&C G-8476 re There was presented Mayor and Council Communication No. G-8476 from the City
tax refund Manager stating that the Texas Property Tax Code requires that a taxpayer must request
a refund for tax overpayments within three years of that payment; that Section 31.11 of
the Property Tax Code further requires approval by the governing body before refunding
overpayments or erroneous payments in instances where the refund exceeds $500.00; that
the Revenue Collection Division of the Finance Department has verified that erroneous
payments or overpayments were made; and recommending that accounts totalling $4,516.69
be authorized for refund, as follows:
ACCOUNT NO.
LEGAL
DESCRIPTION
NAME
AMOUNT
0021-38-88
Lt 8
Blk 5/Berkley
Raymond Tuiioh
$2,101.00
1989 Taxes
(City
& School)
%James A. Calhoun
Taxes
Paid Twice
0025-01-12
Lt 4
Blk 2/Boston Heights
Landmark Mortgage Co.
595.97
1989 Taxes
(School Only)
Taxes
Paid Twice
0170-49-66
Lt 11
Blk 8/Meadow Creek
William A. Glushk
639.68
1989 Taxes
(City
Only)
Taxes
Paid Twice
0240-72-80 Lt 4 Blk 21/Ridglea Hills Banc One Mortgage 1,180.04
1989 Taxes (City & School)
Taxes Paid Twice
ACCOUNT TOTALS $4,516.69
On motion of Mayor Pro tempore Gilley, seconded by Council Member McCray, refunds of
tax overpayments totalling $4,516.69 were approved.
M&C G-8477 re There was presented Mayor and Council Communication No. G-8477 from the City
positions in the Manager, as follows:
Fire Department
SUBJECT: FIRE DEPARTMENT STAFFING ADJUSTMENTS
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance
increasing the authorized positions of Fire Department Captains from 81 to
82, decreasing the number of Deputy Chiefs from 7 to 6; and expressing the
intent to delete two Lieutenant's positions after the expiration of the
current eligibility list.
nTCrIICCTnN-
Fort Worth Fire Station 31 is assigned the responsibility of training all new
Fire Department recruits in addition to its normal fire station duties and
responsibilities. The station is currently supervised by three Lieutenants,
one per shift. The Lieutenants are supervised by a Captain located at the
Fire Training Division. The Captain is also responsible for general
supervision of the Training Division staff and various special programs. The
inability of the current Captain to devote the needed amount of oversight at
this training station because of these other duties has resulted in many
critical functions or requirements not being met, i.e. training, and records
keeping for State Certifications in such key areas as firefighting levels,
Minutes of City Council 0-3 Page 190
191
_�TUESOA X, iREBRUAR'_.`20,_-1990
M&C G-8477 cont. EMS, hazardous and aircraft firefighting and rescue. Further, improvement in
the usual functions of this fire station (continuity of chain of command,
standard operating procedures, and efficient firefighting and EMS operations)
is needed particularly as the area protected grows and Fire Department
response requirements become much more comprehensive. Therefore, the Fire
Department desires to increase the number of authorized Captains by one and
assign the additional Captain's position to Station 31 on a full-time basis.
Effective on or about January 1, 1990, Deputy Chief Jerry Allison retired
from the Fire Department. Due to organizational changes being made within
the command structure of the Department, the duties of this position are
being redistributed among existing Deputy Chief positions; therefore, the
rank and position is no longer necessary to achieve the efficient operations
of the Department.
At the first opportunity (when a vacancy occurs) after the expiration of the
current Lieutenant's promotional eligibility list, one Lieutenant's position
will be deleted in order to partially offset the increased cost of the
additional Captain's position. A second Lieutenant's position will be
deleted to offset the civilian employee who was hired in December, 1989, to
supervise the Fire Department's Facility Maintenance Section. It is
necessary to clearly state the Department's intent to delete these next two
Lieutenant's positions as stated above in this ordinance prior to the
positions becoming vacant. In the interim, salary savings resulting from the
current 40 vacancies in the Fire Department will offset the increased cost of
the new Captain's position.
The proposal will change the current authorized -strength as follows:
CURRENT AUTHORIZED STAFFING
Key Code Classification Total
Y04 Captain 81
Y11 Deputy Chief 07.
FINANCING:
PROPOSED STAFFING
Key Code Classification Total
Y04 Captain 82
Y11 Deputy Chief 06
Sufficient funds are available in the Fire Department Operations Fund 01,
Account No. 36-30-00.
Chief Larry Mc- Chief Larry McMillen of the Fire Department appeared before the City Council and
Millen re M&C G- advised the Council that the adoption of the ordinance would increase the opportunity
8477 for minorities for the appointment of Lieutenants and Captains and would decrease the
chances of a Deputy Chief but that the adoption of the ordinance will have a positive
effect on the affirmative action program in the Fire Department.
Mayor Pro tempore Gilley made a motion, seconded by Council Member Granger, that
the recommendation, as contained in Mayor and Council Communication No. G-8477, be
adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously.
Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
Introduced an adopted. The motion was seconded by Council Member Granger. The motion, carrying with
ordinance it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Webber, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10525
10525
AN ORDINANCE SPECIFYING THE ADJUSTED TOTAL NUMBER OF AUTHORIZED
CIVIL SERVICE POSITIONS AT EACH RANK IN THE FIRE DEPARTMENT; ADDING
ONE CAPTAIN'S POSITION TO THE TOTAL AUTHORIZED MANPOWER; DELETING
ONE DEPUTY CHIEF'S POSITION FROM THE TOTAL AUTHORIZED MANPOWER;
PROVIDING THE STATEMENT OF INTENT TO DELETE TWO LIEUTENANT'S
POSITIONS AT A LATER DATE FROM THE TOTAL AUTHORIZED MANPOWER;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT OF
THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE.
BE IT'HEREBY KNOWN:
WHEREAS, the Fire Chief has requested the City Council to readjust and
thereafter specify the total authorized number of positions at each rank in
the Fire Department for the remainder of the 1989-90 Fiscal Year; and
WHEREAS, the City's Appropriation Ordinance 10363, effective October 1,
1989, for the Fiscal Year 1989-90, the most recent ordinance concerning the
Minutes of City Council 0-3 Page 191
192
TUESDAY, FEBRUARY 20, 1990
Ordinance No. authorized and budgeted positions for the Fire Department, adjusted the
10525 cont. Department's civil service staffing, as follows:
Deputy Chiefs
7
District Chiefs
17
Captains
81
Lieutenants
102
Engineers
165
Firefighters
345
Total 717
It is recommended that the City Council authorize one additional civil
service Captain's rank and position within the Department. Specifically,
that one rank and position of Captain in the Training Division be added and
that said Captain thereafter conduct training programs at Station 31 for new
recruits. This action will better align the functions of the Training
Division; and
WHEREAS, it is further recommended that the City Council authorize the
deletion of one Deputy Chief's rank and position within the Department.
Specifically, the position formerly occupied by Deputy Chief Allison has now
become vacant due to his retirement effective on or about January 1, 1990.
Due to organizational changes being implemented within the Department, the
duties of said position are being redistributed among other existing Deputy
Chief positions. Therefore, the said Deputy Chief's position is no longer
necessary to achieve the efficient operations of the Fire Department; and
WHEREAS, in previous communications the City Council has expressed its
intent to "civilianize" certain positions within the Fire Department, meaning
that from time to time, and as normal attrition from the Department occurred,
certain positions being occupied by civil service personnel would be removed
from the classified service by ordinance so .that thereafter said work duties
would be performed by civilian personnel. This intent was expressed as being
in the best interests of the Fire Department as these particular positions
could be staffed by civilian personnel because the nature of the work of said
positions was not directly related to fire fighting and suppression and,
therefore, did not necessitate the use of certified firefighters who could be
more efficiently utilized directly in fire fighting and suppression
activities; and
WHEREAS, it is anticipated that due to proposed realignments in the
management structure and organization of the Department there will soon be
two positions, presently occupied by the rank of Lieutenant, which will be
eliminated. It is proposed that two Lieutenants' positions be deleted from
the civil service of the Department at the next available opportunity and
after the expiration of the current Lieutenant's promotional eligibility
list; and
WHEREAS, the Chief of the Fire Department now requests that the Council
adjust the authorized number of Fire Department civil service positions into
conformity with the proposed changes as set forth immediately above in order
to effect efficient economy of the operations of the City's municipal
services; and
WHEREAS, the specification and authorization of the correct number of
budgeted civil service positions is now a necessity; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 5.
Minutes of City Council 0-3 Page 192
This ordinance shall take effect and be in full force and effect from
and after its passage, and it is so ordained.
M&C G-8478 re
improvements to
There was presented Mayor and Council Communication No. G-8478 from the City
Fort Worth
Manager stating that a Pre -Application to the Federal Aviation Administration for
Alliance Airport
Federal Assistance for improvements to Fort Worth Alliance Airport reflects
improvements for the next five years; that the estimated cost of the proposed capital
improvements is $22,140,043.00, of which $19,926,039.00 constitutes requested federal
funding and $2,214,004.00 constitutes the proposed ten percent City contribution; that
the City's contribution would be in the form of a credit against the value of the
airport property owned by the City; that submission of the the document to the Federal
Aviation Administration does not obligate the City to perform any other proposed
improvements; that the pre -application may be amended by the City from time to time as
necessary; and recommending that the City Manager be authorized to submit to the
Federal Aviation Administration the pre -application for federal assistance for
improvements to Fort Worth Alliance Airport. On motion of Mayor Pro tempore Gilley,
seconded by Council Member Garrison, the recommendation was adopted.
M&C G-8479 re
There was presented Mayor and Council Communication No. G-8479 from the City
improve services
Manager stating that the City Council received Informal Report No. 7438 on January 30,
to reduce cost
Minutes of City Council 0-3 Page 192
193
2C 159FEBRUARY 20, 1990
M&C G-8479 cont. 1990, for the proposed creation of a new mechanism (Productivity Investment Fund) that
would permit General Fund departments to fund off -budget cycle projects; that the PIF
will function as an internal grant program that General Fund departments may apply to
for financing any projects or any operating changes that will result in reduced
operating costs or increased revenue; that a sum of $100,000.00 will be required to
establish the program; that the grant application process will be administered by the
Office of Management Services; that the Productivity Improvement Section would forward
the application first to the applicable budget analyst for analysis and then to a
committee of five to seven personnel appointed by the City Manager for ranking and
recommendations; that, on January 30, 1990, at Pre -Council, a presentation was made on
this program, and City Council directed the staff to prepare the necessary
correspondence to create this program; and recommending that the City Council:
1. Authorize the City Manager to create a Productivity Investment Fund to
be used to improve services and reduce costs;
2. Adopt the attached Supplemental Appropriation Ordinance appropriating
$100,000 to the General Fund 01, Non -Departmental Account No. 90-94-00.
This will result in an increase in appropriations in the General Fund 01
in the amount of $100,000 and a decrease in the General Fund's
Unreserved, Undesignated Fund balance; and
3. Approve the transfer of $100,000 from the General Fund 01,
Non -Departmental, Account No. 90-94-00 to the Special Trust Fund 72,
Project No. 512300-00, Productivity Investment Fund to provide funds to
finance this project.
On motion of Mayor Pro tempore Gilley, seconded by Council Member McCray, the
M&C G-8479 adopted recommendations were adopted.
Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
ordinance adopted. The motion was seconded by Council Member McCray. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Murrin, Webber, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10526
10526
AN ORDINANCE INCREASING APPROPRIATIONS IN THE GENERAL FUND 01,
NON -DEPARTMENTAL ACCOUNT NO. 90-94-00, OF THE CITY OF FORT WORTH
FOR FISCAL YEAR 1989-90 BY THE SUM OF $100,000, THEREBY DECREASING
THE UNRESERVED, UNDESIGNATED FUND BALANCE OF THE GENERAL FUND 01 BY
THE SAME AMOUNT FOR THE PURPOSE OF TRANSFERRING THE MONIES TO THE
SPECIAL TRUST FUND 72, PROJECT NO. 512300-00 TO FINANCE THE
PRODUCTIVITY INVESTMENT PROJECT; PROVIDING FOR A SEVERABILITY
CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND
REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 5.
This ordinance shall take effect and be in full force and effect from
and after the date of its passage, and it is so ordained.
M&C G-8480 re There was presented Mayor and Council Communication No. G-8480 from the City
condemnation award Manager recommending that authority be granted to deposit the award of $17,156.25
deposit allowed by Special Commissioners in eminent domain proceedings, Cause
No. 352-124699-89, for the acquisition of a permanent and temporary construction
easements in Lot 1-B, Block B, Carter Park Addition, required for Seminary Drive Storm
Drain from Seminary to Prince. It was the consensus of the City Council that authority
be granted to deposit the award allowed by Special Commissioners and that a bond fund
transfer in the amount of $17,156.25 be authorized from 67-024901-00, Assessment Paving
Unspecified, to 67-040120-00, Seminary from Evans to Berke, to provide funds for land
acquisition.
M&C G-8481 re There was presented Mayor and Council Communication No. G-8481 from the City
purchase of fire Manager, as follows:
apparatus for
Alliance Airport SUBJECT: FIRE DEPARTMENT REQUEST FOR SEVEN VEHICLES, FOUR FOR ALLIANCE
AIRPORT AND THREE REPLACEMENTS
RECOMMENDATION:
It is recommended that the City Council adopt the attached supplemental
appropriations ordinance transferring $350,000.00 from the General Fund
Minutes of City Council 0-3 Page 193
194
TUESDAY, FEBRUARY 20, 1990
M&C G-8481 cont. Reserve to the General Fund 01, and appropriating this amount in General Fund
Fund 01, Fire Department Operations, Account No. 36-30-00.
nTCrIICCTnN-
1. Assignment of Apparatus
A. Four fire apparatus to be purchased are for Alliance Airport.
1. Airport 1500 GPM pumper
2. Airport attack vehicle
3. Crash fire rescue vehicle
4. 2,500 gallon tanker for 1500 GPM pumper
The water supply vehicle is needed due to absence of conventional
water sources.
B. Three other apparatus are replacements for older model units that
can no longer be economically maintained and which are unreliable.
1. 1250 GPM pumper
2. 75'-80' quint aerial ladder truck
3. Breathing air and electrical power truck
Three vehicles will be sold at public auction.
2. Alliance Airport
The four airport vehicles will meet established standards for the
opening phase of operation of Alliance Airport. Additional vehicles and
personnel will be required as increased development of the facility
occurs. Upon completion of water mains and hydrants projects, the
tanker truck will be reassigned for use in remote, low pressure water
supply areas, and to support grass and wildland firefighting needs.
FINANCING:
Upon adoption of the attached supplemental appropriation ordinance,
sufficient funds will be available in General Fund 01, Account No. 36-30-00,
Fire Operations. Expenditures will be made from Index Code 276642. The
balance in the General Fund Unreserved Undesignated fund balance after this
transfer will be $25,080,584.00.
M&C G-8481 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor
and Council Communication No. G-8481, be adopted.
Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
ordinance adopted. The motion was seconded by Council Member McCray. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Murrin, Webber, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10527
10527
AN ORDINANCE INCREASING APPROPRIATIONS IN THE GENERAL FUND 01, FIRE
DEPARTMENT OPERATIONS, ACCOUNT 36-30-00 OF THE CITY OF FORT WORTH,
BY $350,000 AND DECREASING THE UNRESERVED, UNDESIGNATED FUND
BALANCE OF THE GENERAL FUND 01 BY THE SAME AMOUNT FOR THE PURPOSE
OF PURCHASING FIRE APPARATUS FOR ALLIANCE AIRPORT; PROVIDING FOR A
SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 5.
This ordinance shall take effect and be in full force and effect from
and after the date of its passage, and it is so ordained.
M&C P-4050 re There was presented Mayor and Council Communication No. P-4050 from the City
purchase of 49 Manager stating that Bid No. 89-0658 was awarded on September 5, 1989, for the purchase
pairs of eyeglasse
Minutes of City Council 0-3 Page 194
195
TUESDAY, FEBRUARY 20, 1990
&C P-4050 cont.
of a maximum of 37 pairs of eyeglasses for individuals identified through the Homeless
urchase agreement
Health Care Program of the Fort Worth Health Department in an amount not to exceed
ith Har pool Fer ti-
$4,958.00; that additional funding is available through a grant to provide for the
izer Company
purchase of approximately 49 additional pairs of eyeglasses in an amount not to exceed
$4,900.00; stating that funds are available to cover the anticipated expenditure by
each department participating in this agreement; and recommending that the City Council
amend the recommendation of Bid Award No. 89-0658 to Leonard Pack, approved on
September 5, 1989, to include the purchase of a maximum of 49 pairs of eyeglasses for
&C P-4055 adopted
individuals identified through the Homeless Health Care Program of the Fort Worth
Health Department for an estimated total amount not to exceed $9,858.00 net. It was
the consensus of the City Council that the recommendation be adopted.
&C P-4051 re
urchase of four
There was presented Mayor and Council Communication No. P-4051 from the City
eavy duty service
Manager submitting a tabulation of bids received for the purchase of four heavy duty,
rucks
service trucks for the City Services Department; stating that funds are available in
Equipment Services Fund 61, Account No. 21-20-40, Index Code 220350 and City
Services/Solid Waste 64, Account No. 21-10-02, Index Code 237206; and recommending that
the purchase be made from Metro Ford Truck Sales, Inc., on low bid, meeting
specifications, for an amount not to exceed $163,480.00 net, f.o.b. Fort Worth. It was
the consensus of the City Council that the recommendation be adopted.
&C P-4052 re
of
There was presented Mayor and Council Communication No. P-4052 from the City
-
-
Manager submitting a tabulation of bids received for the outright purchase of digital
al message
al message re
e
eater equipment
message repeater equipment for the Information Systems and Services Department; stating
that funds are available in General Fund 01, Account No. 36-50-10, Index Code 284703;
and recommending that the purchase be made from Dictaphone Corporation for its low bid,
meeting specifications, of $8,535.00 net, f.o.b. Fort Worth. It was the consensus of
the City Council that the recommendation be adopted.
&C P-4053 re
There was presented Mayor and Council Communication No. P-4053 from the City
urchase of colli-
Manager stating that the purchase of repair services was authorized on December 5,
1989, by Mayor and Council Communication No. P-3855 from Buck's Collision Center for an
ion repair servicell
amount not to exceed $8,849.59; that, while making the repairs, an additional $1,226.12
in damage was found; that the vehicle being repaired is a 1988 Ford F-700 damaged by
fire; that personnel from the City Services Department has examined the truck and finds
the request for additional repairs to be valid; stating that funds are available in
Equipment Services Operating Fund 61, Account No. 21-20-92, Index Code 244251; and
recommending that the City Council amend Mayor and Council Communication No. P-3855,
dated December 5,.1989, to read as follows:
It is recommended that the City Council authorize the purchase of collision
repair services from Buck's Collision Center for the City Services Department
for an amount not to exceed $10,075.71 net, f.o.b. Fort Worth.
&C P-4053 adopted
It was the consensus of the City Council that the recommendation be adopted.
&C P-4054 re
There was presented Mayor and Council Communication No. P-4054 from the City
urchase of labor
Manager submitting a quotation received for the purchase of labor and material to
nd material for
repair mobile shelving unit for the Library Department; stating that funds are
he repair of moire-
available in General Fund 01, Account No. 84-20-02, Index Code 321760; and recommending
bl a shelving units
that the purchase be made from W.W. Cannon on quotation of $11,125.00 net, f.o.b. Fort
Worth, to repair moveable shelving units. It was the consensus of the City Council
that the recommendation be adopted.
&C P-4055 re
There was presented Mayor and Council Communication No. P-4055 from the City
urchase agreement
Manager submitting a tabulation of bids received for a purchase agreement to supply
ith Har pool Fer ti-
bulk fertilizer for the Park and Recreation Department; stating that budgeted funds are
izer Company
sufficient to cover the anticipated expenditure by each department participating in
this agreement; and recommending that the purchase agreement be authorized with Harpool
Fertilizer Company on its bid, meeting City specifications, of unit prices, as follows:
Bulk Fertilizer 32-0-0 $351.00/Ton
Bulk Fertilizer 6-0-24 r $149.00/Ton
&C P-4055 adopted
It also was recommended that the agreement become effective upon approval of City
Council and end one year later. It was the consensus of the City Council that the
recommendations be adopted.
&C P-4056 re
There was presented Mayor and Council Communication No. P-4056 from the City
urchase of seven
Manager submitting a tabulation of bids received for the purchase of seven fire
ire vehicles
vehicles for the Fire Department and Alliance Airport; stating that funds are available
in General Fund 01, Account No. 36-30-00, Index Code 276642, and Bond Fund 49, Project
No. 36-30-00, Index Code 668368; and recommending that the purchase be made on a
low -bid -item basis, meeting specification, as follows:
1. Emergency One $1,364,920.00
Ocala, FL
2. Simon-LTI $ 416,541.00
Ephrata, PA
3. Super Vacuum Manufacturing $ 220,961.00
Company
Loveland, CO
Total amount not to exceed $2,002,422.00 net, f.o.b. Fort Worth.
Minutes of City Council 0-3 Page 195
196
TUESDAY, FEBRUARY 20, 1990
M&C, P-4056 adopted It was the consensus of the City Council that the recommendation be adopted.
M&C L-10041 re There was presented Mayor and Council Communication No. L-10041 from the City
acquisition of Manager, as follows:
temporary con-
struction 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: Welch Avenue (Granbury Road to Wedgworth Road South)
Type of Acquisition: Temporary Construction Easement
Description of Land: A rectangularly shaped parcel of land 20 feet in
depth and 27 feet in length adjacent to the northeasterly property line
of Lot 8, Block 149, Wedgworth Addition, as recorded in Volume 388-20,
Page 67, Deed Records, Tarrant County, Texas. This parcel of land
contains approximately 540 square feet as required for a temporary
construction easement.
Square Feet: 540 Zoning: "A-1" Family
Parcel No.: 24
Consideration: $1.00
Location: 6024 Welch Avenue
Owner: Federal National Mortgage Association
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: Jefferson Club Apartments - Fossil Creek - Access and Utility
Easement
Type of Acquisition: Dedication - Permanent Easement
Description of Land: An irregularly shaped parcel of land out of
Block 1, Fossil Creek Phase II Addition as recorded in Volume 5754,
Page 134, Deed Records, Tarrant County, Texas. This parcel of land is
177.52 feet in length along its east line, 179.09 feet in length along
its west line and 26.0 feet in depth along its north line which lies
adjacent to and contiguous with the south right-of-way line of Western
Center Boulevard, required for an emergency access and underground
utility easement.
Square Feet: 3,785 Zoning: "G"
Parcel No.: 1
Consideration: $1.00
Location: South of Western Center Boulevard, East of I-35, West of Old
Denton Road, North of Big Fossil Creek
Owner: Woodbine Investment Corporation
Financing: Sufficient funds are available in New Development Fund 90,
Project No. 095106-00, Land Acquisition. This expenditure will be made
from Index Code 699900.
Land Agent: Jerry Chalker
3. Project: Sanitary Sewer Rehabilitation Project, Lateral 2550
Type of Acquisition: Dedication - Permanent Easement
Description of Land: A rectangularly shaped strip of land out of Lot 2,
Block 9, Masonic Home Addition, Second Filing, as recorded in
Volume 8054, Page 609, 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.
Minutes of City Council 0-3 Page 196
M&C L-10041 cont.
Square Feet: 1,000
Parcel No.: 2
TUESDAY, FEBRUARY 20_1990
Zoning: "A"
Consideration: $1.00
Location: 3208 Grayson
Owner: James 0. Johnson and wife, Pearl Johnson
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.
Land Agent: Jerry Chalker
4. Project: Sanitary Sewer Rehabilitation Project, Lateral 2550
Type of Acquisition: Dedication - Permanent Easement
Description of Land: A rectangularly shaped strip of land out of Lot 3,
Block 8, Masonic Home Addition, Second Filing, as recorded in
Volume 9786, Page 1553, 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 Zoning: "A"
Parcel No.: 18
Consideration: $1.00
Location: 3220 Grayson
Owner: Joyce L. Swindle
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.
Land Agent: Jerry Chalker
5. Project: Sanitary Sewer Rehabilitation Project, Lateral 2250
Type of Acquisition: Dedication - Permanent Easement
Description of Land: A rectangularly shaped strip of land out of
Lot 12, Block 8, Masonic Home Addition, Second Filing, as recorded in
Volume 7407, Page 1654, Deed Records, Tarrant County, Texas. This strip
of land is 5.0 feet in depth and 100.0 feet in length and lies parallel
to, contiguous with and within the north property line, required for a
permanent easement.
Square Feet: 500
Parcel No.: 26
Consideration: $1.00
Location: 3301 Montague
Zoning: "A"
Owner: Harvey G. Trescott and wife, Lady Beatrice Trescott
Financing: Sufficient funds are available in Sewer Capital Improvement
Fund 58, Project No. 017081-00, S.S. Rehab, L-2250. This expenditure
will be made from Index Code 698787.
Land Agent: Jerry Chalker
6. Project: Sanitary Sewer Rehabilitation Project, Lateral 2250
Tvae of Acauisition: Dedication - Permanent Easement
Description of Land: A rectangularly shaped strip of land out of Lot 10,
Block 8, Masonic Home Addition, Second Filing, as recorded in
Volume 2966, Page 365, Deed Records, Tarrant County, Texas. This strip
of land is 5.0 feet in depth and 100.0 feet in length and lies parallel
to, contiguous with and within the north property line, required for a
permanent easement.
Square Feet: 500 Zoning: "A"
Minutes of City Council 0-3 Page 197
197-
TUESDAY,
97-
198
TUESDAY, FEBRUARY 20, 1990
M&C L-10041 cont. Parcel No.: 24
Consideration: $1.00
Location: 3319 Montague
Owner: James H. McCullars
M&C PZ -1572 re There was presented Mayor and Council Communication No. PZ -1572 from the City
correction of a Manager recommending that an ordinance be adopted amending Ordinance No. 10494 to
clerical error in correct a clerical error in the description of property rezoned by Ordinance No. 10494,
the description Burton Heirs Partition, Tract 10, Zoning Docket No. Z-89-122. It was the consensus of
of the portion of the City Council that the recommendation be adopted.
Tract 10
introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
Ordinance adopted. The motion was seconded by Council Member McCray. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Webber, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordi annce No. ORDINANCE N0. 10528 ,
10528 AN ORDINANCE AMENDING ORDINANCE NO. 10494 TO CORRECT A CLERICAL
ERROR IN THE DESCRIPTION OF THE PORTION OF TRACT 10, BURTON HEIRS
PARTITION, IN THE C. T. HILLIARD SURVEY, ABSTRACT NO. 715, WHICH
WAS REZONED TO "E" COMMERCIAL BY SAID ORDINANCE; 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.
WHEREAS, on January 9, 1990, the City Council adopted Ordinance
No. 10494, which amended the Comprehensive Zoning Ordinance, Ordinance
No. 3011, as amended, to change the zoning classifications of various
described areas; and
WHEREAS, one of such areas was a portion of Tract 10, Burton Heirs
Partition, in the C. T. Hilliard Survey, Abstract No. 715, containing 3.12
acres of land, which was rezoned from "B" Two -Family to "E" Commercial
(Z-89-122); and
WHEREAS, proper legal notice of the public hearing concerning the
proposed rezoning of such parcel was advertised, which notice contained a
correct description of the portion of Tract 10, Burton Heirs Partition; and
WHEREAS, Ordinance No. 10494 contained a clerical error because an
incorrect description of the portion of Tract 10 was utilized, and it is
necessary to amend such ordinance to correct the error and confirm the
description of the area being rezoned;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
That Ordinance No. 10494, which amended Ordinance No. 3011, be and is
hereby amended by changing the description of the portion of Tract 10, Burton
Minutes of City Council 0-3 Page 198
Financing: Sufficient funds are available in Sewer Capital Improvement
Fund 58, Project No. 017081-00, S.S. Rehab, L-2250. This expenditure
will be made from Index Code 698787.
Land Agent: Jerry Chalker
M&C L-10041
It was the consensus of the City Council that the recommendations, as contained in
adopted
Mayor and Council Communication No. L-10041, be adopted.
M&C L-10042 re
There was presented Mayor and Council Communication No. L-10042 from the City
execution of deeds
Manager stating that, in accordance with the policy regarding the sale of City -owned
surplus property, a bid opening was held on February 1, 1990, for property located at
3900 McClure (Lot 1, Block 7, Weisenberger Sunny Hill Gardens Addition) and
2514 Willspoint (Lot 14, Block "B", Whitmore Courts Addition); and and recommending
that the City Manager be authorized to execute a deed conveying Lot 1, Block 7,
Weisenberger Sunny Hill Gardens Addition (3900 McClure) to McDonald and McDonald
Enterprises for $610.50, and a deed conveying Lot 14, Block "B", Whitmore Courts
Addition (2514 Willspoint) to Michael Fletcher for $500.00. It was the consensus of
the City Council that the recommendation be adopted.
M&C PZ -1572 re There was presented Mayor and Council Communication No. PZ -1572 from the City
correction of a Manager recommending that an ordinance be adopted amending Ordinance No. 10494 to
clerical error in correct a clerical error in the description of property rezoned by Ordinance No. 10494,
the description Burton Heirs Partition, Tract 10, Zoning Docket No. Z-89-122. It was the consensus of
of the portion of the City Council that the recommendation be adopted.
Tract 10
introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
Ordinance adopted. The motion was seconded by Council Member McCray. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Webber, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordi annce No. ORDINANCE N0. 10528 ,
10528 AN ORDINANCE AMENDING ORDINANCE NO. 10494 TO CORRECT A CLERICAL
ERROR IN THE DESCRIPTION OF THE PORTION OF TRACT 10, BURTON HEIRS
PARTITION, IN THE C. T. HILLIARD SURVEY, ABSTRACT NO. 715, WHICH
WAS REZONED TO "E" COMMERCIAL BY SAID ORDINANCE; 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.
WHEREAS, on January 9, 1990, the City Council adopted Ordinance
No. 10494, which amended the Comprehensive Zoning Ordinance, Ordinance
No. 3011, as amended, to change the zoning classifications of various
described areas; and
WHEREAS, one of such areas was a portion of Tract 10, Burton Heirs
Partition, in the C. T. Hilliard Survey, Abstract No. 715, containing 3.12
acres of land, which was rezoned from "B" Two -Family to "E" Commercial
(Z-89-122); and
WHEREAS, proper legal notice of the public hearing concerning the
proposed rezoning of such parcel was advertised, which notice contained a
correct description of the portion of Tract 10, Burton Heirs Partition; and
WHEREAS, Ordinance No. 10494 contained a clerical error because an
incorrect description of the portion of Tract 10 was utilized, and it is
necessary to amend such ordinance to correct the error and confirm the
description of the area being rezoned;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
That Ordinance No. 10494, which amended Ordinance No. 3011, be and is
hereby amended by changing the description of the portion of Tract 10, Burton
Minutes of City Council 0-3 Page 198
199
TUESDAY, FEBRUARY 20, 1990
Ordinance No. Heirs Partition, which was rezoned from "B" Two -Family to "E" Commercial
10528 cont. (Z-89-122), to read as follows:
"BEING the easterly 326 feet of Tract 10, Burton Heirs Partition, in the
C. T. Hilliard Survey, Abstract No. 715, in the City of Fort Worth,
Tarrant County, Texas, and being part of Lot B of said Burton Heirs,
deed dated January 17, 1935, recorded in Volume 1244, Page 46,
D.R.T.C.T., and also being that same tract of land conveyed to Eula
Smith by deed recorded in Volume 5087, Page 173, and Volume 9095,
Page 284, D.R.T.C.T., and described by metes and bounds as follows:
BEGINNING at a point in the center of San Rose Drive, said point being
25 feet west of the southwest corner of Lot 6, Block 8, Guy E. Vance
Addition, as shown by plat recorded in Volume 388-M, Page 307,
P.R.T.C.T.;
THENCE easterly with the south line of said Lot 6 and Lot 5, 310 feet
past the southeast corner of said Lot 5, in all, 326 feet to the
northeast corner of said Smith Tract, a point in the west line of Miller
Avenue;
THENCE southerly with said west line, 221.57 feet to the southeast
corner of said Smith Tract;
THENCE west with the south line of said Smith Tract, and the north line
of a 25 foot wide strip of land reserved for a street as shown by plat
of Marler Addition, as recorded in Volume 388-M, Page 269, D.R.T.C.T.,
for a total distance of 326 feet to the point on the north line of
Lot 5, said Marler Addition;
THENCE northerly with the southerly extension of the centerline of said
San Rose Drive, for a distance of approximately 225 feet to the PLACE OF
BEGINNING and containing 1.7 acres of land, more or less.
(4,000 Miller Avenue)";
so that the permitted uses in such 1.7 acre portion of Tract 10 are altered,
changed and amended from "B" Two -Family to "E" Commercial.
SECTION 7.
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 ($1000.00) for each offense. Each day that a violation is permitted
to exist shall constitute a separate offense.
SECTION 10.
That this ordinance shall be in full force and effect from and after the
date of its passage and publication as required by law, and it is so
ordained.
M&C PZ -1573 re There was presented Mayor and Council Communication No. PZ -1573 from the City
vacating streets Manager recommending that an ordinance be adopted vacating Northeast 34th and 35th
Streets between the Chicago and Rock Island Railroad and North Grove Street and an
alley between Northeast 34th and 35th Streets, Block 31, 44, and 57, Fostepco Heights
Addition. It was the consensus of the City Council that the recommendation be adopted.
Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
ordinance adopted. The motion was seconded by Council Member McCray. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Webber, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
i
Ordinance No. ORDINANCE NO. 10529
10529 AN ORDINANCE VACATING, ABANDONING, AND CLOSING AND EXTINGUISHING
PORTIONS OF NORTHEAST 34TH AND NORTHEAST 35TH STREETS AND AN ALLEY
RIGHT-OF-WAY, AS MORE SPECIFICALLY DESCRIBED HEREIN, LOCATED WITHIN
THE FOSTEPCO HEIGHTS ADDITION TO THE CITY OF FORT WORTH, TARRANT
COUNTY, TEXAS; PROVIDING FOR REVERSION OF FEE IN SAID LAND;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
Minutes of City Council 0-3 Page 199
200
TUESDAY, FEBRUARY 20, 1990
93-057901-00 93-025379-00 $42,346.70 To provide funds
Prior Years Funding Danciger, for construction
Unspecified, Contract Weiler to plus change orders.
Street Maintenance Jacqueline
2. Authorize the City Manager to execute a contract with Austin Paving
Company for Resurfacing of Danciger Road, from Weiler Boulevard to
Jacqueline Road, in the amount of $38,497.00 and 30 working days.
M&C C-12161 adopted
There was presented Mayor and Council Communication No. C-12160 from the City
M&C C-12160 re
Manager stating that Proposition No. 1 of the 1986-88 Capital Improvement Program
contract with J.L.
approved by the voters on March 22, 1986, included the reconstruction of Welch Avenue
Bertram Construc-
from Granbury Road to Alta Mesa Boulevard; that a contract was awarded on December 22,
tion and Engineer-
1987, by Mayor and Council Communication No. C-10719 to Wier and Associates, Inc.,
ing, Inc.
Consulting Engineers for the design of Welch Avenue from Old Granbury Road to Alta
Mesa; that the staff subsequently determined the section of Welch Avenue from Wedgworth
Road South to Alta Mesa Boulevard was in good structural condition and was not in need
of reconstruction; proposing to improve Welch Avenue from Granbury Road to Wedgworth
Road South; and recommending that the City Council authorize the City Manager to
execute a contract with the firm of J.L. Bertram Construction and Engineering, Inc., in
the amount of $930,475.68 and 88 working days for reconstruction of Welch Avenue from
Old Granbury Road to Wedgworth Road South, and that a bond fund transfer in the amount
of $958,389.95 be authorized from 67-040901-00, Inner City Streets Unspecified, to
67-040161-00, Welch Avenue, Old Granbury Road to Wedgworth Road South, to provide funds
for construction plus three percent for change orders. • It was the consensus of the
City Council that the recommendations be adopted.
M&C C-12161 re
There was presented Mayor and Council Communication No. C-12161 from the City
contract with
Manager submitting a tabulation of bids received for resurfacing of Dancinger Road from
Austin Paving
Weiler Boulevard to Jacqueline Road; and recommending that the City Council:
Company
1. Authorize the City Manager to approve the following fund transfer:
FROM. TO AMOUNT REASON
93-057901-00 93-025379-00 $42,346.70 To provide funds
Prior Years Funding Danciger, for construction
Unspecified, Contract Weiler to plus change orders.
Street Maintenance Jacqueline
2. Authorize the City Manager to execute a contract with Austin Paving
Company for Resurfacing of Danciger Road, from Weiler Boulevard to
Jacqueline Road, in the amount of $38,497.00 and 30 working days.
M&C C-12161 adopted
It was the consensus of the City Council that the recommendations be adopted.
M&C 2 re
There was presented Mayor and Council Communication No. C-12162 from the City
consentent agreement
Manager stating that Broadway Baptist Church, through its Capital Management Committee
with Broadway Bap-
Chairman, Mr. Larry D. Eason, has requested permission to encroach on Peter Smith
tis t Church
Street and May Street immediately adjacent to the main church plant which is located at
305 West Broadway; that the church wishes to cross under Peter Smith Street with
chilled water lines and locate some chilled water and gas lines parallel along Peter
Smith and May Street; that the adjoining property on both sides of the street is owned
by the church; that this request involves the construction of a new air conditioning
system which will provide cooling for three major buildings including the sanctuary;
and recommending that the City Manager or his designee be authorized to enter into a
standard consent agreement with Broadway Baptist Church, with such agreement permitting
the installation of understreet chilled water and gas lines in the right-of-way Peter
Smith Street and May Street. It was the consensus of the City Council that the
recommendation be adopted.
M&C C-12163 re
There was presented Mayor and Council Communication No. C-12163 from the City
submission of the
Emergency Shelter
Manager stating that, under a program sponsored by the Department of Housing and Urban
Development, the City of Fort Worth is entitled to $124,000.00 in Fiscal Year 1990
Grant Program
Emergency Shelter for the Homeless Grant funds; that the funds may be used for
rehabilitation or renovation of emergency shelters, essential services for the
homeless, and operations and maintenance of emergency shelters; that proposals for
these funds were requested from non-profit agencies that serve the homeless in Fort
Worth; that the U.S. Department of Housing and Urban Development requires that the
$124,000.00 grant request be matched on a dollar -for -dollar basis which may be cash or
in-kind contribution; and recommending that the City Manager be authorized to submit
the Emergency Shelter Grant Program application to the U.S. Department of Housing and
Urban Development; accept the funds, if offered, and any additional funds that may
become available, and execute a contract with U.S. Department of Housing and Urban
Development; and execute contracts with Women's Haven of Tarrant County, Inc.,
Presbyterian Night Shelter, Bridge Association of Fort Worth, S.T.A.R. House (Society
of Mary's Stars, Inc.), and Fort Worth Public Health Department (Homeless Health Care
Program) to undertake emergency shelter grant program activity. It was the consensus
of the City Council that the recommendations be adopted.
M&C C-12164 re There was presented Mayor and Council Communication No. C-12164 from the City
contract extension Manager stating that a contract in the amount of $50,000.00 was approved for the Fort
with Fort Worth Worth Economic Development Corporation on January 5, 1988, by Mayor and Council
Economic Develop Communication No. C-10728 to operate a Revolving Loan Fund Program for the Polytechnic
ment Corporation Heights Main Street Project Area for the period from February 1, 1988, to January 31,
1989; that, during that period, one loan in the amount of $5,000.00 was closed; that,
during the period of February 1, 1989, through January 31, 1990, when the contract was
extended, two loans subsequently were closed and three additional loan applications are
in process; that FWEDC has recently developed and initiated a marketing effort to
increase the number of qualified applicants; and recommending that the City Manager be
Minutes of City Council 0-3 Page 200
201
TUESDAY, FEBRUARY 20, 1990
M&C C-12164 cont. authorized to execute a contract extension with Fort Worth Economic Development
Corporation for operation of the Polytechnic Heights Revolving Loan Program with a
contract period beginning February 1, 1990, and ending January 31, 1991. It was the
consensus of the City Council that the recommendation be adopted.
M&C C-12165 re There was presented Mayor and Council, Communication No. C-12165 from the City
contract with Camp Manager, as follows:
Dresser and McKee, SUBJECT: PROPOSED AMENDMENT NO. 2 TO ENGINEERING AGREEMENT FOR DESIGN
Inc. SERVICES FOR LAKE PUMP STATION, RAW WATER PIPE LINE AND EAGLE
MOUNTAIN WATER TREATMENT PLANT
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute
Amendment No. 2 to City Secretary Contract No. 16178 with Camp, Dresser and
McKee, Inc., for additional engineering services relating to the Eagle
Mountain Water Treatment Plant, increasing the maximum total fee for
engineering services by $49,850 from $3,516,900 to $3,566,750.
DISCUSSION:
On January 12, 1988 (M&C C-10144), the City Council authorized execution of
an engineering agreement (City Secretary Contract No. 16178) with Camp
Dresser and McKee, Inc., for engineering services necessary to design the
Eagle Mountain Water Treatment Plant.
During the course of the design, it became necessary to further evaluate the
existing Eagle Mountain Lake dam outlet structure as a means for withdrawing
raw water from the lake prior to pumping to the treatment plant. Amendment
No. 1 was required to perform additional field surveying, inspection, testing
and structural evaluation to further explore this alternative, as well as
participating in additional public meetings and Citizens Advisory Group
meetings.
On January 2, 1990 (M&C C-12077), the City Council authorized execution of an
Interlocal Agreement with the Tarrant County Water Control and Improvement
District No. 1 which gave the District the responsibility to construct and
maintain the intake structure and associated piping..
During the constructability review, Freese and Nichols, the construction
manager for the project, recommended the use of one pipe, downstream of the
bulkhead, to the raw water pump station to allow visual inspection of the
pipe and access to valves under the dam. The District has requested that
this change be made.
Camp Dresser and McKee had designed the project to have two pipes through the
dam and to place fill material over the pipe to allow limited access to the
valves in the tunnel.
The additional cost to redesign the pipeline is $49,850 and will take four to
five weeks to complete, as CDM indicated in their letter proposal dated
January 31, 1990. This additional design cost will be offset by an estimated
savings in construction cost of $248,000.
FINANCING:
Sufficient funds are available in Water Capital Improvement Fund 09, Project
No. 016009-00, Engineering Agreement (CDM), Design Services for Lake Pump
Station, Raw Water Conduit and Eagle Mountain Lake Water Treatment Plant.
Expenditures will be made from Index Code 653360.
M&C C-12165 adopteol It was the consensus of the City Council that the recommendation, as contained in Mayor
and Council Communication No. C-12165, be adopted.
M&C C-12166 re
contract with There was presented Mayor and Council Communication. No. C-12166 from the City
Martin K. Eby, Inc Manager, as follows:
SUBJECT: PROPOSED•CHANGE ORDER NO. 6 TO VILLAGE CREEK WASTEWATER TREATMENT
PLANT, SLUDGE MANAGEMENT PROJECT, PHASE 1-B-2, DIGESTERS AND
THICKENERS (MARTIN K. EBY, INC.)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a transfer of funds in the amount of $15,788 from Sewer
Capital Improvement Fund 54, Project No. 014901-00, Unspecified to Grant
Fund 76, Project No. 214698-04, Village Creek Sludge Management Project,
Phase 1-B-2, Digesters and Thickeners; and
2. Authorize Change Order No. 6 in the amount of $15,787.32 to the contract
for construction of the Village Creek Wastewater Treatment Plant Sludge
Minutes of City Council 0-3 Page 201
22C2
TUESDAY, FEBRUARY 20, 1990
M&C C-12166 cont. Management Project, Phase 1-B-2, Digesters and Thickeners, revising the
total contract cost to $14,967,136.35.
BACKGROUND:
On November 22, 1988 (M&C C-11320), the City Council authorized the award of
a contract to Martin K. Eby, Inc. for construction of the Sludge Management
Project, Phase 1-B-2, Digesters and Thickeners.
PROJECT NO.:. 54-016001-00
PROPOSED CHANGE ORDER:
During construction, it was discovered that several corrections, changes
and/or modifications to the plans will be necessary for a complete and
operational plant.
The contractor, Martin K. Eby, Inc., will perform this additional work for
$15,787.32. The proposed changes are as follows:
1. Change hardware on link seals to
stainless steel @ Lump Sum
2. Install 4 -inch cast iron soil pipe
to roof drains at the digester
sludge well @ Lump Sum
3. Provide a manhole tap to the
drainage system @ Lump Sum
4. Add 40 L.F. 2 -inch water service to
DAFTS @ Lump Sum
5. Add 12 -inch plug valve to the sludge
line from Sludge Well No. 2 @ Lump
Sum
Total Change Order
The net effect of the proposed change order is as follows:
Original Contract Cost
Extras to Date
Credits to Date
Proposed Change Order No. 6
Revised Contract Cost
$4,799.70
$3,164.07
$3,072.00
$ 898.06
$3,853.49
$15,787.32
$15,250,000.00
$ 141,349.03
$ <440,000.00>
$ 15,787.32
$14,967,136.35
The construction manager, BCFN, and the staff engineers of the Water
Department have reviewed the proposed charges and found them reasonable for
similar work.
FINANCING:
Sufficient funds are available to transfer from Sewer Capital Improvement
Fund 54, Project No. 014901-00, Unspecified. Upon approval and completion of
Recommendation No. 1 in the amount of $15,788.00, sufficient funds will be
available in Grant Fund 76, Project No. 214698-04, Village Creek Sludge
Management Project, Phase 1-B-2, Digesters and Thickeners. Expenditures will
be made from Index Code 511642.
M&C C-12166 adopted It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. C-12166, be adopted.
M&C e r
C-12167
contract �i7 re There was presented Mayor and Council Communication No. C-12167 from the City
Tree, Incorporated Manager stating that on January 16, 1990, the City Council approved Mayor and Council
Communication No. C-12102 requiring the the City Manager to execute a contract for a
period of one year for tree removal and stump routing with Trees, Incorporated; that
the dollar amount of the contract was shown in the Recommendation as $48,000.00; that
this amount was incorrect and should be corrected to read $52,500.00; stating that no
funding is required for this contract as funds will come from authorized construction
funding of individual projects; and recommending that Mayor and Council Communication
No. C-12102 be amended and that the City Manager be authorized to execute a
requirements contract for a period of one year. for tree removal and stump routing with
Trees, Incorporated in an amount not to exceed $52,500.00 for services involving up to
5,000 diameter inches of tree removal and up to 5,000 diameter inches of stump routing.
It was the consensus of the City Council that the recommendation be adopted.
M&C C-12168 re was There resented Mayor and Council Communication No. C-12168 from the City
contract with Berry!
p y
Street Services i Manager stating that the City Council on January 16, 1990, by Mayor and Council
Company, dba Sims Communication No. P-3967 confirmed that property located at 1320 Alston Avenue and Rear
Exe ava tt6nn was substandard and a threat to public safety and awarded a contract for the demolition
and removal of the property to Berry Street Services Company, dba Sims Excavation
Company based on low bid of $1,900.00; that Berry Street Services Company, dba Sims
Excavation Company, is unable to meet the insurance requirements for the performance of
Minutes of City Council 0-3 Page 202
203
TUESDAY, FEBRUARY 20, 1990
M&C C-12168 cont. the contract; that staff has been in contact with vendor and has afforded more than
enough time for the vendor to obtain the necessary insurance coverage; that the vendor
has been unable to provide any kind of estimate as to when insurance requirements can
be met; that immediate action is necessary to avoid further delay in the abatement of a
public safety hazard; that funds are available in General Fund 01, Account
No. 21-40-02, Index Code 224964; and recommending that the City Council:
1. Rescind a contract awarded to Berry Street Service Company, dba Sims
Excavation, on January 16, 1990 for the demolition of Unit 5, aka 1320
Alston Avenue and Rear, in the amount of $1,900.00; because of
vendor/bidder inability to meet insurance requirements;
2. Authorize a contract for demolition of structures located at 1320 Alston
Avenue and Rear for the City Services Department on the next low bid per
unit basis as follows:
(1) Joe Adams and Son, Inc. $1,970.00
Fort Worth, TX
Unit 5
Total amount not to exceed $1,970.00 f.o.b., Fort Worth, Texas.
3. Authorize a lien be filed against the property to cover the costs of
demolition and administration; and
4. Remove Berry Street Service Company, dba Sims Excavation Company, from
the list of eligible bidders until such time as insurance requirements
are met.
M&C C-12168 adopteI It was the consensus of the City Council that the recommendations be adopted.
M&C C-12169 re There was presented Mayor and Council Communication No. C-12169 from the City
construction of Manager submitting a tabulation of bids received for the construction of eight -inch
eight -inch water water and sanitary sewer replacements in El Paso Street and for reconstruction of
and sanitary sewer E1 Paso Street from Pine Street to railroad; and recommending that the City Council:
replacements
1. Authorize a bond fund transfer in the amount of $21,340.00* from Special
Assessments Fund 94, Project No. 009905-00, Special Assessments
Unspecified to Street Improvements Fund 67, Project No. 017069-00, Water
Main Replacement, E1 Paso Street;
*Includes 10% for possible change orders, as established by City
Ordinance No. 10437.
2. Authorize a fund transfer in the amount of $3,000.00 from Water and
Sewer Operating Fund 45, Account No. 60-90-20, to Water Capital
Improvement Fund 53, Project No. 017069-00, Water Replacement in E1 Paso
Street (Inspection and Survey);
3. Authorize a fund transfer in the amount of $42,000.00** from Water and
Sewer Operating Fund 45, Account No. -70-90-20, to Sewer Capital
Improvement Fund 58, Project No. 017045-00, Sewer Replacement in E1 Paso
Street;
**Includes 10% for possible change orders, as established by City
Ordinance No. 10437 and $3,193 for -inspection and survey.
4. Authorize the City Manager to execute a construction contract with
Larry H. Jackson Construction, Inc., for 8 -Inch Water and Sanitary Sewer
Replacements in E1 Paso Street based on the low bid of $54,678.80; and
5. Authorize the City Manager to execute a contract with Larry H. Jackson
Construction, Inc., in the amount of $149,409 and 18 working days for
reconstruction of E1 Paso Street from Pine Street to the Railroad.
M&C C-12169 adoptedIt was the consensus of the City Council that the recommendations be adopted.
M&C C-12170 re There was presented Mayor and Council Communication No. C-12170 from the City
execution of Lette
of Agreement Manager, as follows:
SUBJECT: LETTER OF AGREEMENT WITH NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
FOR REGIONAL SOLID WASTE MANAGEMENT PLANNING PROGRAM - YEAR 2
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute
the attached Letter of Agreement with the North Central Texas Council of
Governments for the development of a Regional Solid Waste Management Plan and
provide special assessment reimbursement for FY 1989-90 in an amount not to
exceed $8,250.
Minutes of City Council 0-3 Page 203
204
TUESDAY, FEBRUARY 20, 1990
M&C C-12170 cont.11DISCUSSION:
The current Texas Department of Health Municipal Solid Waste Management
Regulations provide for the development of regional solid waste management
plans. In April, 1988, the North Central Texas Council of Governments
(NCTCOG) Executive Board authorized the development of a Regional Solid Waste
Management Plan over the next two years. It allocated $30,000 of NCTCOG
funds to begin the program and directed NCTCOG staff to seek local funding
for FY 1988-89 and FY 1989-90.
On December 20, 1988 (M&C C-11374), the City Council approved the City of
Fort Worth's participation in the regional planning program and the payment
of $9,000 as a special assessment to help fund it. Nineteen other local
governments in the region also contributed to funding. NCTCOG's Resource
Conservation Council has been working with local governments and six task
forces to assess regional solid waste management needs. The task force
findings and local input received through nine regional round tables have led
to the identification of Regional Priorities for Solid Waste Management. On
July 13, 1989, a public hearing was held and comments were received and
considered by the Regional Conservation Council. During FY 1989-90, these
priorities will guide the development of the regional solid waste management
plan. The priorities are as follows:
• Conserve Existing Landfill Space
° Assure Long -Term Disposal Capacity Under New EPA Landfill Regulations
°- Develop Markets for Beneficial Use of Paper, Yard Waste and Sludge
° Clarify Local Government Responsibilities
° Recognize the Role of Privatization
• Address Service Needs in Unincorporated Areas
° Pursue an Aggressive Campaign to Stop Illegal Dumping
° Improve Decision -Making with Computer Geographic Information System
° Meet Local Needs in Local Plans Coordinated Geographic Information
System
° Have a Better Informed and Involved Citizenry
The City of Fort Worth's share of the costs for the second year of the
planning program is $8,250.
FINANCING:
Sufficient funds are available in Solid Waste Fund 64, Administration Account
Number 21-10-01. The expenditure will be made from Index Code 235853.
On motion of Mayor Pro tempore Gilley, seconded by Council Member Granger, the
M&C C-12170 adopted recommendation, as contained in Mayor and Council Communication No. C-12170, was
adopted..
M&C C-12171 re There was presented Mayor and Council Communication No. C-12171 from the City
contract for con- Manager submitting a tabulation of bids received for construction of the Worth Heights
struction of North Multi -Purpose Center Clinic Addition; stating that funds are available in Grant
heights Multi- Fund 76, Project No. 206084-34, Index Code 500660; and recommending that the City
Purpose Center Manager be authorized to execute a contract for construction of the Worth Heights
Multi -Purpose Center Clinic Addition with Sedalco, Inc., of Fort Worth for a bid of
$693,800.00. It was the consensus of the City Council that the recommendation be
adopted.
M&C C-12172 re There was presented Mayor and Council Communication No. C-12172 from the City
contract with Manager submitting a tabulation of bids received for three sanitary sewer meter
Larry H. Jackson stations for the City of White Settlement; and recommending that the City Council:
Construction, Inc.
1. Authorize a fund transfer in the amount of $181,000.00* from Water and
Sewer Operating Fund 45, Account No. 70-90-20 to Sewer Capital
Improvement Fund 58, Project No. 019001-00, Three Sewer Meter Stations,
City of White Settlement; and
2. Authorize the City Manager to execute a construction contract with Larry
H. Jackson Construction, Inc., for Three Sanitary Sewer Meter Stations
for the City of White Settlement on the low bid of $151,960.00; and
3. Authorize the City Manager to execute an Agreement for Extension,
Relocation or Removal of Company Facilities between the City and TU
Electric Company.
*Includes 5% for possible change orders as established by City Ordinance No.
10437 and funds for inspection and survey. Also includes $17,000.00 for
extension of electrical service to be installed by TU Electric Company. .
Minutes of City Council 0-3 Page 204
205
TUESDAY. FEBRUARY 20. 1990
&C C-12172 adopted1l It was the consensus of the City Council that the recommendations be adopted.
&C C-12173 re There was presented Mayor and Council Communication No. C-12173 from the City
ontract with Ned Manager stating that on October 31, 1989, staff recommended to Council that an
. Burns, Ph. D., objective review of the structural calculations for the Central Library Expansion
.E. should be made; that, because of the specific design of the facility, the extraordinary
existing conditions, and the wind effect in downtown Fort Worth, staff recommended that
this precaution be taken; that Dr. Ned Burns, Dean of Structural Engineering at the
University of Texas at Austin, was selected; that Dr. Burns traveled to Fort Worth on
January 26, 1990, and met with the architect on the facility, the structural engineer,
and the staff to familiarize himself with the project and to begin the negotiations for
his services; that Dr. Burns submitted a proposal at an hourly rate for a total fee not
to exceed $10,800.00; that funds are available in Capital Project Fund 65, Project
No. 011400-00, Index Code 627257; and recommending that the City Manager be authorized
to execute a contract with Ned H. Burns, Ph.D., P.E., to provide professional services
to review the structural design of Central Library Expansion for a fee not to exceed
$10,800.00. It was the consensus of the City Council that the recommendation be
adopted.
&C C-12174 re
ontract with J.L.
ertram Construc--
ion and Engineer -
ng, Inc.
M&C C-12174 adopte
M&C C-12175 re
Forty Year License
to Koch Refining
Company cont. for
one week
There was presented Mayor and Council Communication No. C-12174 from the City
Manager submitting a tabulation of bids received for the paving of Bryant Irvin Road
from 292 feet north of Bellaire Drive South to the Trinity River; and recommending that
the City Council:
1. Approve the following bond fund transfer:
FROM
94-009905-00
Special
Assessments
Unspecified
TO
67-023205-00
Bryant Irvin
Road
AMOUNT
$236,568.67
REASON
To move property
owners' share of
cost from Revolv-
ing Fund to Pro-
ject Account.
2. Authorize the City Manager to execute a contract with J.L. Bertram
Construction and Engineering, Inc., in the amount of $395,181.85 and 57
working days for the paving of Bryant Irvin Road from 292' N. of
Bellaire Drive South to the Trinity River.
On motion of Council Member Garrison, seconded by Council Member Chappell, the
recommendations were adopted.
There was presented Mayor and Council Communication No. C-12175 from the City
Manager, as follows: .
SUBJECT: ORDINANCE GRANTING FORTY -YEAR LICENSE TO KOCH REFINING COMPANY FOR
PLACEMENT OF ITS PIPELINE IN CITY STREETS AND CERTAIN PARK PROPERTY
RECOMMENDATION:
It is recommended that the City Council adopt the attached Ordinance granting
a forty -year license to the Koch Refining Company for a petroleum products
pipeline to be constructed along and across certain street rights-of-way and
City park property within the City of Fort Worth. The attached Ordinance
repeals prior Ordinance No. 10375, adopted August 29, 1989, by the Council.
DISCUSSION:
For the past several months City staff has been in negotiation with Koch
Refining Company (hereinafter called "Koch") regarding the proposed
construction of a petroleum products pipeline between the Koch Refinery in
Corpus Christi and the DFW Airport. The proposed pipeline route is to be
installed in and along approximately 5,206 linear feet of City street
right-of-way. The purpose of this pipeline is to provide aviation fuels and
products to major airline carrier operations at DFW Airport (American and
Delta Airlines).
The pipeline within the City will primarily be placed in a number of public
streets and roads in the northeastern part of the City near the airport. The
route will also include a small portion (approximately 680 linear feet)
within Gateway Park. It will also be necessary to temporarily use a strip of
work space immediately alongside the pipeline location during the process of
construction. The pipeline will be built by a contractor, and the contractor
is already at work between here and the Corpus Christi terminal.
The attached Ordinance differs somewhat from standard street use and
franchise ordinances. The majority of these changes involve the addition of
provisions deemed necessary by the City staff in order to provide adequate
safeguards for the operation and maintenance of the pipeline in the City
right -of -way. The City has hired an outside consultant to study both the
safety of such pipelines and the advisability of locating such pipelines
within City rights-of-way. The consultant has previously made reports to the
City Council during the public hearing conducted pursuant to state law to
allow for the placement of the pipeline within City park property. The
Minutes of City Council 0-3 Page 205
206
TUESDAY, FEBRUARY 20, 1990
DISCUSSION:
RAILTRAN staff has been in informal negotiations with the Koch Refining
Company, hereinafter called "Koch", regarding the proposed construction of an
aviation products pipeline between the Koch Refinery in Corpus Christi and
the D/FW Airport since April, 1989. Serious negotiations have been in
progress since late November, 1989.
RAILTRAN staff consulted Dr. Ned Burleson and Mr. Don Hankins, an independent
pipeline expert who was hired by the City of Fort Worth, to advise us on
safety issues and any technical specifications that should be included
in the agreement. RAILTRAN staff also worked closely with the Property
Management Office of Dallas and the Real Property Department of Fort Worth in
order to determine the payment that should be required from Koch. Staff
conducted independent research which involved contacting railroads that have
pipelines in their right-of-ways, as well as reviewing the regulations of the
American Railway Engineering Association and the Department of Transportation
which are codified in the Code of Federal Regulations.
Koch's request involves the use of 10.3 miles (54,384 linear feet) of the
RAILTRAN right-of-way. The pipeline will be constructed according to
requirements which are set forth in the attached License Agreement. The
pipeline will be laid in a strip of land fifteen feet in width lying on the
northerly side of the southern boundary of the RAILTRAN right-of-way. Koch
has agreed to relocate the pipeline at its own expense if in the future mass
transit or other RAILTRAN needs require its relocation. Koch further agrees
to construct the pipeline in such a way as to not interfere with RAILTRAN
activities.
Koch has agreed to an up -front payment of $1.6 million for the forty -year
term of the agreement.
The RAILTRAN Policy Committee has reviewed the terms of this proposed
agreement and recommends its approval by the Cities.
FINANCING:
This License Agreement will have no impact on the General Fund.
Council Member Chappell advised the City Council that he had a mineral interest
involving Koch Refining Company, that the amount exceeds $2,500.00, and that he will
not be voting on Mayor and Council Communication Nos. C-12175 and C-12176.
Mr. Forest Smith Mr. Forest Smith, 1717 Main, Dallas, Texas, representing the Koch Refining
re M&C Nos. C- Company, appeared before the City Council to answer questions regarding the placement
12175 and C-12176 of its pipeline in City streets and on certain park property.
Mr. Ramon Guajardo Mr. Ramon Guajardo, Assistant City Manager, appeared before the City Council and
re M&C Nos. C- advised the City Council that the lease does not address the width of the easement.
12175 and C-12176
Minutes of City Council 0-3 Page 206
consultant's recommendations regarding pipeline safety have been incorporated
M&C C-12175 cont.
within the proposed ordinance. Another difference from the normal franchise
ordinance is that the license is granted for a term of forty years rather
than the normal twenty-five year term. The reason for this departure is to
provide a term consistent with the forty -year agreement between Koch and the
DFW Airport Board, which was approved in May, 1989, and the proposed
agreement between Koch and the Cities of Dallas and Fort Worth for use of the
Railtran right-of-way, which is covered by separate ordinance.
Under the terms of the proposed ordinance, Koch will pay a one time license
fee of $155,000.00, which is due and payable upon the passage of the
Ordinance. This breaks down into the following:
$100,000.00 - Use of street rights-of-way
$ 30,000.00 - Use of park property in Gateway Park
$ 25,000.00 - Administrative fee to cover City staff time and expenses
in negotiation, publication, etc., of ordinance.
The portion of the total consideration allocated for use of the park property
shall be placed in a separate account and dedicated to the continued
development of Gateway Park, as recommended by the Park and Recreation
Advisory Board.
M&C C-12176
There was presented Mayor and Council Communication No. C-12176 from the City
re
cont. for one week
Manager, as follows:
Agreement Granting
40 -Year License
SUBJECT: AGREEMENT GRANTING 40 -YEAR LICENSE TO KOCH REFINING COMPANY FOR
to Koch Refining
PLACEMENT OF ITS PIPELINE IN RAILTRAN RIGHT-OF-WAY
Company
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute
the attached License Agreement with Koch Refining Company authorizing
placement of its pipeline in the D/FW RAILTRAN right-of-way.
DISCUSSION:
RAILTRAN staff has been in informal negotiations with the Koch Refining
Company, hereinafter called "Koch", regarding the proposed construction of an
aviation products pipeline between the Koch Refinery in Corpus Christi and
the D/FW Airport since April, 1989. Serious negotiations have been in
progress since late November, 1989.
RAILTRAN staff consulted Dr. Ned Burleson and Mr. Don Hankins, an independent
pipeline expert who was hired by the City of Fort Worth, to advise us on
safety issues and any technical specifications that should be included
in the agreement. RAILTRAN staff also worked closely with the Property
Management Office of Dallas and the Real Property Department of Fort Worth in
order to determine the payment that should be required from Koch. Staff
conducted independent research which involved contacting railroads that have
pipelines in their right-of-ways, as well as reviewing the regulations of the
American Railway Engineering Association and the Department of Transportation
which are codified in the Code of Federal Regulations.
Koch's request involves the use of 10.3 miles (54,384 linear feet) of the
RAILTRAN right-of-way. The pipeline will be constructed according to
requirements which are set forth in the attached License Agreement. The
pipeline will be laid in a strip of land fifteen feet in width lying on the
northerly side of the southern boundary of the RAILTRAN right-of-way. Koch
has agreed to relocate the pipeline at its own expense if in the future mass
transit or other RAILTRAN needs require its relocation. Koch further agrees
to construct the pipeline in such a way as to not interfere with RAILTRAN
activities.
Koch has agreed to an up -front payment of $1.6 million for the forty -year
term of the agreement.
The RAILTRAN Policy Committee has reviewed the terms of this proposed
agreement and recommends its approval by the Cities.
FINANCING:
This License Agreement will have no impact on the General Fund.
Council Member Chappell advised the City Council that he had a mineral interest
involving Koch Refining Company, that the amount exceeds $2,500.00, and that he will
not be voting on Mayor and Council Communication Nos. C-12175 and C-12176.
Mr. Forest Smith Mr. Forest Smith, 1717 Main, Dallas, Texas, representing the Koch Refining
re M&C Nos. C- Company, appeared before the City Council to answer questions regarding the placement
12175 and C-12176 of its pipeline in City streets and on certain park property.
Mr. Ramon Guajardo Mr. Ramon Guajardo, Assistant City Manager, appeared before the City Council and
re M&C Nos. C- advised the City Council that the lease does not address the width of the easement.
12175 and C-12176
Minutes of City Council 0-3 Page 206
207
TUESDAY, FEBRUARY 20, 1990
r. Phil Wright re Mr. Phil Wright, Wichita, Kansas, representing Koch Refining Company, appeared
&C C-12175 and before the City Council and advised the City Council that the width of the easements
-12176 vary and that the narrowest easement would be five-foot to the largest at 50 feet in
width, and that the approximately 3,000 feet in Trinity Boulevard would have whatever
width is necessary and reasonably adequate for the pipeline which would be anywhere
from five feet to 50 feet in width.
sst. City Attorney Assistant City Attorney David Yett appeared before the City Council and advised
avid Yett re
&C Nos. C-12175 the City Council his legal opinion is that the City of Fort Worth has the right to
nd Nos.C-12C 6 grant such a license agreement whether or not the property is dedicated to the City or
not.
ss t. CM Ramon Assistant City Manager Ramon Guajardo appeared before the City Council and advised
uajardo re M&C Nos the City Council of the method by which the license fee was calculated.
&C C-12175 and
'-12176 Council Member Zapata made a motion, seconded by Council Member Granger, that the
City Council continue consideration of Mayor and Council Communication Nos. C-12175 and
C-12176 for one week. When the motion was put to a vote by the Mayor, it prevailed by
the following vote:
AYES: Mayor Pro tempore Gilley; Council Members Zapata, Granger,
McCray, and Webber
NOES: Mayor Bolen and Council Member Garrison
ABSENT: None
NOT VOTING: Council Member Chappell
&C C-12177 re It was the consensus of the City Council that Mayor and Council Communication
as withdrawn No. C-12177, Adoption of Supplemental Appropriation Ordinance and Approval of Contract
Nos. 16588 and 16589 with Rife Island Corporation at Spinks Airport, be withdrawn from
the agenda.
&C C-12178 re There was presented Mayor and Council Communication No. C-12178 from the City
contract with Manager, as follows:
ife Island Corp.
SUBJECT: APPROVAL OF CONTRACT WITH RIFE ISLAND CORPORATION TO TERMINATE CITY
SECRETARY CONTRACT NOS. 16588 AND 16589 AT SPINKS AIRPORT AND
TRANSFER OF APPROPRIATE FUNDS
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the transfer of $1,789,901.61 from the Capital Projects Reserve
Fund 10, Project No. 010001-00, Unspecified, to Project No. 010040-00,
Lease Buy-out Spinks Airport, for the purpose of terminating and
cancelling City Secretary Contract Numbers 16588 and 16589; and
2. Authorize the City Manager to execute a contract with Rife Island
Corporation to terminate City Secretary Contract Nos. 16588 and 16589 at
Spinks Airport, effective February 28, 1990.
nTCrnggTnN-
On June 7, 1988 (M&C C-11021), the City Council authorized the City Manager
to enter into a Fixed Base Operator Agreement and a Non -Exclusive Public
Fueling Agreement with Rife Island Corporation at the South Fort Worth
(Spinks) Airport under the following terms:
a. City Secretary Contract No. 16588, Fixed Base Operator Agreement,
includes the lease of land and the granting of FBO privileges at the
Airport, and includes an agreement to construct a terminal building,
aircraft hangar and associated aircraft parking aprons, which Rife
Island Corporation agreed to manage on behalf of the City.
In addition to the above, am option to develop approximately 300,000
square feet of additional land adjacent to the initial leasehold
premises was granted. In consideration for the granting of this option,
Rife Island Corporation was to pay the City ten percent (10%) of the
prevailing unimproved annual ground rental rate in effect at Spinks
Airport.
b. City Secretary Contract No. 16589, Non -Exclusive Public Fueling and
Tank Farm Agreement, includes a lease of land at the fuel farm and
grants public fueling privileges at the Airport. It also includes Rife
Island Corporation's agreement to construct fuel farm facilities.
Fuel Flowage Fees were not to begin until year five of the agreement
term (which would run concurrently with the FBO agreement). A monthly
rental rate for the land on which the fuel farm was constructed was set
at $30.00.
Minutes of City Council 0-3 Page 207
w
TUESDAY, FEBRUARY 20, 1990
M&C C-12178 cont. The term of each agreement is for thirty (30) years, with an option for Rife
Island Corporation to terminate at the end of the initial five (5) year
period. Upon termination by Rife Island, at the end of the fifth year,
reimbursement to Rife Island for construction costs (aircraft hangar,
terminal building and apron), plus a rate of return on these costs, and the
expense incurred for operation and maintenance of the public facilities, plus
a rate of return, would be made by the City.
It was also agreed that the City would make subsidy payments to Rife Island
of $175,000 in year 1; $150,000 in year 2, and $50,000 in year 3 of the lease
agreements.
It has been mutually agreed between Rife Island Corporation and City staff
that it would be in the best interest of both parties to terminate these
lease agreements, effective February 28, 1990.
It has been agreed by the parties that the sum of $1,789,901.61 would
compensate Rife Island for all reimbursable costs under the terms and
conditions of the leases.
FINANCING:
Sufficient funds are available for transfer from the Capital Projects Reserve
Fund 10, Project No. 010001-00, Unspecified, Cash Balance. Upon completion
of the transfer in Recommendation 1, sufficient funds will be available in
Capital Projects Reserve Fund 10, Project No. 010040-00, Lease Buy -Out Spinks
Airport, for the termination and cancellation of City Secretary Contract
Numbers 16588 and 16589 with Rife Island Corporation. Expenditures will be
made from Index Code 610410. The cash balance in Capital Projects Reserve
Fund 10, Project No. 010001-00, Unspecified, will be $2,851,447 after this
transfer.
M&C C-12178 adopted
On motion of Council Member Garrison, seconded by Mayor Pro tempore Gilley, the
recommendations, as contained in Mayor and Council Communication No. C-12178, were
adopted.
M&C FP -2657 re
There was presented Mayor and Council Communication No. FP -2657 from the City
final payment to
Manager stating that the assessment paving of North Beach Street from Fossil Creek to
APAC-Texas, Inc.
Western Center has been completed in accordance with plans and specifications under
Contract No. 15741 awarded to APAC-Texas, Inc., on June 2, 1987; and recommending that
the City Council accept as complete paving assessments of North Beach Street from
Fossil Creek to Western Center; authorize final payment in the amount of $110,992.54 to
APAC-Texas, Inc., Texas Bitulithic Division; and approve assessment rolls and authorize
the issuance of certificates in evidence of the special assessments levied against the
abutting property owners of North Beach Street from Fossil Creek to Western Center,
with funds available in Street Improvements Fund 29, Retainage Account No. 205015741.
On motion of Mayor Pro tempore Gilley, seconded by Council Member Zapata, the
recommendations were adopted.
M&C FP -2658 re There was presented Mayor and Council Communication No. FP -2658 from the City
final payment to Manager stating that improvements to Bright Street from Berry to Crenshaw have been
Walt Williams Con- completed in accordance with plans and specifications under Contract No. 17056 awarded
s tr uctio n Company to Walt Williams Construction Company on April 18, 1989; and recommending that the City
Council accept as complete improvements to Bright Street from Berry to Crenshaw and
authorize final payment in the amount of $13,996.55 to Walt Williams Construction
Company, with funds available in Maintenance Fund 93, Retainage Account No. 205017056.
It was the consensus of the City Council that the recommendations be adopted.
Mr. Joe Cameron re Mr. Joe Cameron, 4605 Applewood, appeared before the City Council regarding the
Fort Worth Allianc status of the Pinnacle Air Services, Inc., contract and advised the City Council that,
Airport in his opinion, privatization does not work.
Mayor Bolen advised Mr. Cameron that the matter regarding Pinnacle Air Services,
Inc., is to be discussed at the executive session and that, once the executive session
is over, the City Manager will be able to speak to this issue.
It was the consensus of the City Council that the City Council meet in closed or
Met in closed or executive session for the following purposes:
executive session
1. To seek the advice of its attorney with respect to the following pending
or contemplated litigation:
a. Proposed litigation arising out of the issuance of a Certificate of
Convenience and Necessity by the Texas Water Commission authorizing
the providing of water service within the corporate limits of the
City of Fort Worth; and
b. City of Fort Worth v. Freedom Financial Corporation,
No. 352-107250-87, 352nd District Court;
C. Nolan Ragsdale and wife Sammye Ragsdale v. the City of Fort Worth,
Texas and Hillwood Development Corporation (CA -4-89-670-K, United
States District Court for the Northern District of Texas.)
Minutes of City Council 0-3 Page 208
209
TUESDAY, FEBRUARY 20, 1990
Met in closed as authorized by Section 2(e), Article 6252-17, V.A.C.S.
executive session
cont. 2. To seek advice of its attorney concerning the following matters which
are protected from public disclosure by Canon 4, Code of Professional
Responsibility, State Bar of Texas, and Section 2(e), Article 6252-17,
V.A.C.S.:
a. Legal issues concerning enforcement of handicapped parking
regulations;
b. Legal issues concerning curfew ordinances for minors;
C. Legal issues concerning proposed ground lease and management
agreement with Pinnacle Air Services, Inc.
3. To discuss the proposed ground lease and management agreement with
Pinnacle Air Services, Inc.
4. To discuss the following matter involving the purchase, exchange, lease
-or value of real property located at 440 South Main Street
as authorized by Section 2(f), Article 6252-17, V.A.C.S. The public
discussion of this matter would have a detrimental effect on the
negotiating position of the City as between the City and a third person,
firm or corporation.
Reconvened into The City Council reconvened into regular session.
regular session
Mayor Pro tempore Gilley made a motion, seconded by Council Member Zapata, that
Reconsidered M&C Mayor and Council Communication Nos. C-12175 and C-12176 be reconsidered. When the
Nos. C-12175 and motion was put to a vote by the Mayor, it prevailed unanimously.
C-12176 I
M&C C-12175 re There was presented Mayor and Council Communication No. C-12175 from the City
forty Year License Manager, as follows:
to Koch Refining
Company SUBJECT: ORDINANCE GRANTING FORTY -YEAR LICENSE TO KOCH REFINING COMPANY FOR
PLACEMENT OF ITS PIPELINE IN CITY STREETS AND CERTAIN PARK PROPERTY
RECOMMENDATION:
It is recommended that the City Council adopt the attached Ordinance granting
a forty -year license to the Koch Refining Company for a petroleum products
pipeline to be constructed along and across certain street rights-of-way and
City park property within the City of Fort Worth. The attached Ordinance
repeals prior Ordinance No. 10375, adopted August 29, 1989, by the Council.
DISCUSSION:
For the past several months City staff has been in negotiation with Koch
Refining Company (hereinafter called "Koch") regarding the proposed
construction of a petroleum products pipeline between the Koch Refinery in
Corpus Christi and the DFW Airport. The proposed pipeline route is to be
installed in and along approximately 5,206 linear feet of City street
right-of-way. The purpose of this pipeline is to provide aviation fuels and
products to major airline carrier operations at DFW Airport (American and
Delta Airlines).
The pipeline within the City will primarily be placed in a number of public
streets and roads in the northeastern part of the City near the airport. The
route will also include a small portion (approximately 680 linear feet)
within Gateway Park. It will also be necessary to temporarily use a strip of
work space immediately alongside the pipeline location during the process of
construction. The pipeline will be built by a contractor, and the contractor
is already at work between here and the Corpus Christi terminal.
The attached Ordinance differs somewhat from standard street use and
franchise ordinances. The majority of these changes involve the addition of
provisions deemed necessary by the City staff in order to provide adequate
safeguards for the operation and maintenance of the pipeline in the City
right-of-way. The City has hired an outside consultant to study both the
safety of such pipelines and the advisability of locating such pipelines
within City rights-of-way. The consultant has previously made reports to the
City Council during the public hearing conducted pursuant to state law to
allow for the placement of the pipeline within City park property. The
consultant's recommendations regarding pipeline safety have been incorporated
within the proposed ordinance. Another difference from the normal franchise
ordinance is that the license is granted for a term of forty years rather
than the normal twenty-five year term. The reason for this departure is to
provide a term consistent with the forty -year agreement between Koch and the
DFW Airport Board, which was approved in May, 1989, and the proposed
agreement between Koch and the Cities of Dallas and Fort Worth for use of the
Railtran right-of-way, which is covered by separate ordinance.
Minutes of City Council 0-3 Page 209
210
TUESDAY, FEBRUARY ,_-204 9.990-''==!_y
&C C-12175 cont. Under the terms of the proposed ordinance, Koch will pay a one time license
fee of $155,000.00, which is due and payable upon the passage of the
Ordinance. This breaks down into the following:
$100,000.00 - Use of street rights-of-way
$ 30,000.00 - Use of park property in Gateway Park
$ 25,000.00 - Administrative fee to cover City staff time and expenses
in negotiation, publication, etc., of ordinance.
The portion of the total consideration allocated for use of the park property
shall be placed in a separate account and dedicated to the continued
development of Gateway Park, as recommended by the Park and Recreation
Advisory Board.
Mayor Pro tempore Gilley made a motion, seconded by Council Member Garrison, that
Section 5 of the proposed ordinance be amended by inserting a new sentence to follow
the first sentence of the section, as follows: "In such event, the rights of Koch
shall be confined to a ten (10) foot wide non-exclusive license, the centerline of
which shall be the centerline of the Pipeline." and that the recommendation, as
contained in Mayor and Council Communication No. C-12175, as amended, be adopted. When
the motion was put to a vote by the Mayor, it prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, and Webber
NOES: None
ABSENT: None
NOT VOTING: Council Member Chappell
Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
ordinance adopted. The motion was seconded by Council Member Garrison. The motion, carrying
with it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, and Webber
Ordinance No.
10530
0
NOES: None
ABSENT: None
NOT VOTING: Council Member Chappell
The ordinance, as adopted, is as follows:
ORDINANCE NO. 10530
AN ORDINANCE PERMITTING AND REGULATING THE CONSTRUCTION,
MAINTENANCE AND USE OF A SUBSURFACE LIQUID PETROLEUM PRODUCTS
PIPELINE BY KOCH REFINING COMPANY ACROSS, OVER AND UNDER CERTAIN
STREETS, HIGHWAYS, PUBLIC RIGHTS-OF-WAY, AND CERTAIN PARK PROPERTY
OF THE CITY OF FORT WORTH; MAKING THIS ORDINANCE CUMULATIVE OF ALL
PROVISIONS OF ORDINANCES AND THE CODE OF THE CITY OF FORT WORTH
(1986), AS AMENDED, AND REPEALING ALL PRIOR ORDINANCES IN DIRECT
CONFLICT HEREWITH, SPECIFICALLY INCLUDING THE REPEAL OF ORDINANCE
NO. 10375; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Koch Refining Company, a Delaware corporation, hereinafter
referred to as "Koch", desires the use of certain public street rights-of-way
and park property within the City of Fort Worth, for the purposes set forth
below, pursuant to the provisions of the laws of the State of Texas; and
WHEREAS, it is the position of the City of Fort Worth that Koch must
obtain a license in order to use the public rights -of- way and park property;
and
WHEREAS, the Fort Worth City Council has determined that it is
appropriate to grant said license to Koch; and
WHEREAS, the Fort Worth City Council has previously adopted Ordinance
No. 10375 relating to the grant of a license to Koch; and
WHEREAS, Koch has requested and Fort Worth has agreed to repeal said
Ordinance No. 10375 and to adopt this ordinance in substitute therefor; and
WHEREAS, in regard to the use of City park property, the City Council
has conducted a public hearing pursuant to Chapter 26, Texas Parks and
Wildlife Code, on January 23, 1990; and
WHEREAS, the City Council has determined that there is no feasible and
prudent alternative to the use of the park property for the purpose herein
Minutes of City Council 0-3 Page 210
211
TUESDAY, FEBRUARY 20, 1990
Ordinance No. stated and that all reasonable planning has been done to minimize harm to the
10530 cont. park land;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 16.
REPEALER; CUMULATIVE PROVISIONS
Ordinance No. 10375, adopted August 2, 1989, is hereby specifically
repealed. Otherwise, this ordinance shall be cumulative of all provisions of
ordinances and of the Code of the City of Fort Worth, Texas (1986), as
amended, except where the provisions of this ordinance are in direct conflict
with the provisions of such ordinances and such Code, in which event,
conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 20.
EFFECTIVE DATE
This ordinance shall take effect and be in full force and effect from
and after its passage and publication as required by Section 2, Chapter XXV,
of the City Charter, and it is so ordained.
M&C C-12176 re There was presented Mayor and Council Communication No. C-12176 from the City
Agreement 40 -Year Manager, as follows:
License to Koch SUBJECT: AGREEMENT GRANTING 40 -YEAR LICENSE TO KOCH REFINING COMPANY FOR
Refining Company PLACEMENT OF ITS PIPELINE IN RAILTRAN RIGHT-OF-WAY
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute
the attached License Agreement with -Koch Refining Company authorizing
placement of its pipeline in the D/FW RAILTRAN right-of-way.
DTSf11SSTON!
RAILTRAN staff has been in informal negotiations with the Koch Refining
Company, hereinafter called "Koch", regarding the proposed construction of an
aviation products pipeline between the Koch Refinery in Corpus Christi and
the D/FW Airport since April, 1989. Serious negotiations have been in
progress since late November, 1989.
RAILTRAN staff consulted Dr. Ned Burleson and Mr. Don Hankins, an independent
pipeline expert who was hired by the City of Fort Worth, to advise us on
safety issues and any technical specifications that should be included
in the agreement. RAILTRAN staff also worked closely with the Property
Management Office of Dallas and the Real Property Department of Fort Worth in
order to determine the payment that should be required from Koch. Staff
conducted independent research which involved contacting railroads that have
pipelines in their right-of-ways, as well as reviewing the regulations of the
American Railway Engineering Association and the Department of Transportation
which are codified in the Code of Federal Regulations.
Koch's request involves the use of 10.3 miles (54,384 linear feet) of the
RAILTRAN right-of-way. The pipeline will be constructed according to
requirements which are set forth in the attached License Agreement. The
pipeline will be laid in a strip of land fifteen feet in width lying on the
northerly side of the southern boundary of the RAILTRAN right-of-way. Koch
has agreed to relocate the pipeline at its own expense if in the future mass
transit or other RAILTRAN needs require its relocation. Koch further agrees
to construct the pipeline in such a way as to not interfere with RAILTRAN
activities.
Koch has agreed to an up -front payment of $1.6 million for the forty -year
term of the agreement.
The RAILTRAN Policy Committee has reviewed the terms of this proposed
agreement and recommends its approval by the Cities.
FINANCING:
This License Agreement will have no impact on the General Fund.
Council Member Garrison made a motion, seconded by Mayor Pro tempore Gilley, that
the recommendation in Mayor and Council Communication No. C-12176 be amended to reflect
Minutes of City Council 0-3 Page 211
212
TIIFSDAY GFRRIIA9n- Jigl ,9
i i ` c_
the adoption of an ordinance and that the recommendation, as amended, be adopted. When
the motion was put to a vote by the Mayor, it prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, and Webber
NOES: None
ABSENT: None
NOT VOTING: Council Member Chappell
Introduced an Council Member Garrison introduced an ordinance and made a motion that it be
Ordinance adopted. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying
with it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, and Webber
NOES: None
Ordinance No.
10531
ABSENT: None
NOT VOTING: Council Member Chappell
The ordinance, as adopted, is as follows:
ORDINANCE NO. 10531
AN ORDINANCE, PASSED CONCURRENTLY BY THE CITY COUNCILS,
RESPECTIVELY, OF THE CITIES OF DALLAS AND FORT WORTH, GRANTING A
SUBSURFACE LICENSE TO KOCH REFINING COMPANY TO OCCUPY, MAINTAIN AND
UTILIZE A CERTAIN STRIP OF LAND LOCATED WITHIN THE SUBSURFACE OF
THE D/FW RAILTRAN CORRIDOR AS MORE FULLY DESCRIBED, FOR THE PURPOSE
OF INSTALLING A FUEL LINE TO TRANSPORT LIQUID PETROLEUM PRODUCTS;
PROVIDING FOR THE TERMS AND CONDITIONS OF THIS LICENSE; PROVIDING
FOR CERTAIN COMPENSATION TO BE PAID TO THE D/FW RAILTRAN SYSTEM;
PROVIDING FOR PAYMENT OF THE PUBLICATION FEE; AND PROVIDING AN
EFFECTIVE DATE OF THIS LICENSE AND ORDINANCE.
**********
WHEREAS, the City of Dallas and the City of Fort Worth, Texas municipal
corporations (collectively the "Cities"), acquired certain railroad
rights-of-way connecting the Cities (the "Railtran Property") pursuant to the
D/FW Railtran Contract dated January 18, 1984 (the "Contract"); and
WHEREAS, the D/FW Railtran System was established by the Cities pursuant
to the Contract for the management of the Railtran Property and improvements
(the Cities being sometimes collectively referred to herein, while acting
through or on behalf of the D/FW Railtran System, as "Railtran"); and
WHEREAS, the Cities have entered into an Operating Rights Agreement
dated February 27, 1984 (the "Agreement"), with the Missouri -Kansas -Texas
Railroad Company ("M -K -T") granting M -K -T certain operating rights for
freight operation over the Railtran Property; and
WHEREAS, Missouri Pacific Railroad Company ("MP") has succeeded by
merger to all rights and interests of M -K -T in and under the Agreement; and
WHEREAS, the Cities anticipate continuing to make the Railtran Property
available from time to time and other private or public entities, including
regional transportation authorities such as the Dallas Area Rapid Transit
("DART"), for rail transportation purposes (such other private or public
entities, as well as MP and its parent corporation (and their respective
subsidiaries and affiliates), being sometimes collectively referred to herein
as "Rail Operators"); and
WHEREAS, Koch Refining Company, a Delaware corporation ("Koch"), desires
to use a subsurface strip of land within the Railtran Property for the
purposes herein stated; and
WHEREAS, the Cities have agreed to grant a license to Koch to use the
Railtran Property for such purposes;
NOW, THEREFORE,
BE IT,ORDAINED BY THE CITY COUNCILS OF THE
CITY OF FORT WORTH AND THE CITY OF DALLAS:
Section 19. Effective Date. This ordinance shall take effect
immediately from and after its passage and publication in accordance with the
Minutes of City Council 0-3 Page 212
Ordinance No.
10530 cont.
Adjourned
TUESDAY, FEBRUARY 20, 1990
provisions of the charters of the Cities of Dallas and Fort Worth and it is
accordingly so ordained.
There being no further business, the mee
CIT SECRETARY
213
Minutes of City Council 0-3 Page 213