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Home My WebLink About1990/02/27-Minutes-City CouncilCouncil met Members Present 4 Invocation Pledge of Allegiance Minutes of February 20, 1990 approved Proclamation - Texas Independence Celebration Days Proclamation - Fort Worth Quarter Horse Week Withdrew M&C Nos. G-8483, C-12186 Withdrew M&C C- 12189 Consent agenda approved Removed from the agenda appt. to the HA of the City of Fort Worth M&C C-12194 moved forward on the agenda Z-90-011 Introduced a Resolution CITY COUNCIL MEETING FEBRUARY 27, 1990 On the 27th 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 Reverend Doyle Allen, Pastor of St. Andrew United Methodist Church, gave the invocation. The Pledge of Allegiance was recited. On motion of Mayor Pro tempore Gilley,. seconded by Council Member Chappell, the minutes of the meeting of February 20, 1990, were approved. A proclamation for Texas Independence Celebration Days was presented to Mrs. Loraine Ward, Daughters of the Republic of Texas, Mr. Bill C. Hutcheon, Sons of the Republic of Texas, and Mr. Harold G. Evettes, San Jacinto Descendants. A proclamation for Fort Worth Quarter Horse Week was presented to Mr. Ben Hudson, President of the Texas Quarter Horse Association and Mr. Hudson presented to the Mayor a bronze statue of a quarterhorse. Council Member Chappell requested that Mayor and Council Communication Nos. G-8483 and C-12186 be withdrawn from the consent agenda. Council Member Garrison requested that Mayor and Council Communication No. C-12189 be withdrawn from the consent agenda. On motion of Council Member Zapata,, seconded by Mayor Pro tempore Gilley, the consent agenda, as amended, was approved. Council Member Chappell made a motion, seconded by Council Member Zapata, that the appointment to the Housing Authority of the City of Fort Worth be removed from the agenda., When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Zapata made a motion, seconded by Council Member McCray, that Mayor and Council Communication No. C-12194 be moved forward on the agenda for consideration after the resolution regarding the Botanical Library Collections. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member McCray made a motion, seconded by Mayor Pro tempore Gilley, that Zoning Docket No. Z-90-011 be moved forward on the agenda for consideration after Mayor and Council Communication No. C-12194. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mayor Pro tempore Gilley introduced a resolution and made a motion that it be adopted. The motion was seconded by Council Member Zapata. The motion, carrying with it the adoption of said 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 213 214 TUESDAY, FEBRUARY 27, 1990 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1) Execute an agreement with Page Avjet Corporation for the lease of property at Fort Worth Meacham Airport under the terms and conditions described below; 2) Approve the construction of certain improvements at Meacham Airport, as described below; 3) Approve the transfer of $2,326,000 from the Capital Projects Reserve Fund 10, Project No. 010001, Unspecified, to Aviation Improvements - Capital Projects Fund 24, Project No. 43800, Meacham/Page Avjet Improvements, to pay for the construction of improvements; and 4) Direct that lease payments from Page Avjet Corporation, originally set at $137,000 annually, be transferred from the Aviation Fund to the Capital Projects Reserve Fund until $2,326,000 is restored in the Capital Projects Reserve Fund. DTSCUSSION_ Page Avjet Corporation, ("Page") headquartered in Orlando, Florida, whose primary business is providing maintenance services for commercial and corporate type aircraft, has expressed its desire to construct a facility for these purposes at Meacham Airport, pursuant to a proposed lease agreement containing the following terms: I. Hangar Construction: Initially, as Phase I of this project, Page will construct and maintain at its expense an aircraft maintenance facility hangar capable of servicing Boeing 747 type aircraft. Page will be responsible for maintenance and landscaping of the hangar facility, according to plans and specifications approved by the City. Page will also have the ability to expand its facility by building two additional hangars (Phase II and III), if it exercises an option to lease additional land adjacent to the original site. Minutes of City Council 0-3 Page 214 The resolution, as adopted, is as follows: RESOLUTION NO. 1508 Resolution No. 1508 WHEREAS, the Botanical Research Institute of Texas is a non-profit corporation established in October, 1987, for the purpose of obtaining, housing and maintaining the S.M.U. Herbarium and Botanical Library Collections on permanent loan from Southern Methodist University; and WHEREAS, a herbarium is a cataloged collection of specially dried, pressed and mounted plant specimens, which together with a botanical library, are basic tools for botanical research and identification used by scientists, students, gardeners, businesses, museums, botanical gardens, and government agencies; and WHEREAS, the Botanical Research Institute of Texas has the opportunity to bring the Herbarium and Botanical Library Collections to Fort Worth; and WHEREAS, the Herbarium and the Botanical Library Collections would be a great asset and compliment to the Fort Worth Botanical Garden area, providing an additional museum resource in the heart of the Cultural District, and would give Fort Worth one of the great herbarium and botanical library collections in the country; and WHEREAS, a portion of the present Public Health Center building at 1800 University Drive would provide the necessary square footage of air conditioned space for the Herbarium and Botanical Library Collections; and WHEREAS, the City Council has approved an option to buy land in the hospital district for the purpose of building a new Health Department building; NOW, THEREFORE, let it be resolved that the Fort Worth City Council will make available to the Botanical Research Institute of Texas half of the space at the Public Health Center building, when the building is vacated by the Health Department, for the Herbarium and Botanical Library Collections, subject to terms and conditions to be agreed upon at that time. M&C C-12194 re There was presented Mayor and Council Communication No. C-12194 from the City lease agreement Manager, as follows: SUBJECT: LEASE AGREEMENT WITH PAGE AVJET CORPORATION FOR AIRCRAFT MAINTENANCE OPERATIONS AT MEACHAM AIRPORT AND FOR CITY CONSTRUCTED SITE IMPROVEMENTS RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1) Execute an agreement with Page Avjet Corporation for the lease of property at Fort Worth Meacham Airport under the terms and conditions described below; 2) Approve the construction of certain improvements at Meacham Airport, as described below; 3) Approve the transfer of $2,326,000 from the Capital Projects Reserve Fund 10, Project No. 010001, Unspecified, to Aviation Improvements - Capital Projects Fund 24, Project No. 43800, Meacham/Page Avjet Improvements, to pay for the construction of improvements; and 4) Direct that lease payments from Page Avjet Corporation, originally set at $137,000 annually, be transferred from the Aviation Fund to the Capital Projects Reserve Fund until $2,326,000 is restored in the Capital Projects Reserve Fund. DTSCUSSION_ Page Avjet Corporation, ("Page") headquartered in Orlando, Florida, whose primary business is providing maintenance services for commercial and corporate type aircraft, has expressed its desire to construct a facility for these purposes at Meacham Airport, pursuant to a proposed lease agreement containing the following terms: I. Hangar Construction: Initially, as Phase I of this project, Page will construct and maintain at its expense an aircraft maintenance facility hangar capable of servicing Boeing 747 type aircraft. Page will be responsible for maintenance and landscaping of the hangar facility, according to plans and specifications approved by the City. Page will also have the ability to expand its facility by building two additional hangars (Phase II and III), if it exercises an option to lease additional land adjacent to the original site. Minutes of City Council 0-3 Page 214 TUESDAY, FEBRUARY 27, 1990 It is anticipated that Sunbelt Industrial Development Corporation ("Sunbelt") M&C C-12194 cont. will issue bonds to finance the construction of Page's aircraft maintenance facility hangars. If such bonds are issued, the obligation to pay the debt service on the bonds will be the sole obligation of Page, and will not be an obligation of the City. II. Site Improvements: In conjunction with the hangar's construction, the City will construct and maintain at its expense the following improvements to serve the Phase I lease site: 1. Necessary ramp; 2. Taxiway; 3. Roads; 4. Automobile parking lots; 5. Deluge system storage tank and pump; and 6. Necessary utilities service to the hangar.. In addition to site improvements required solely for the Page Avjet lease, additional work is required at Meacham Airport to remove eleven fuel storage tanks. These tanks are approximately forty years old and need to be replaced to reduce the risk of environmental pollution. Although these tanks require removal separate and apart from the Page lease, removal must take place in conjunction with the Page site improvement work. Replacing the eleven tanks with five new tanks will adequately serve fuel storage needs met by the old tanks. Estimated cost for tank removal is $120,000.00 and estimated cost for purchase and installation of five new tanks is $375,000.00. Site improvements and fuel tank removal and replacement is estimated to cost $2,600,000.00. Page will contribute a one-time payment of $274,000.00 toward defraying the cost of site improvements resulting in a net cost to the City of $2,326,000.00. III. Leased Premises: For Phase I. the City will lease to Page approximately 227,500 square feet of unimproved land for a period of twenty (20) years, with an option to renew the Phase I lease for two additional terms of five (5) years each. Page will pay rent as follows: Years 1 and 2 - 0 Years 3 through 5 $137,000..00 annually (in monthly payments), Years 6 through 30 - 10% of fair market value of unimproved land annually (in monthly payments), but in no event shall the annual rental ever be less than $137,000.00. Reappraisal for rent determination shall be made in years 6, 11, 16, 21, 26. Following each reappraisal, the rent shall remain constant for a period of five years. If Page is required to pay ad valorem taxes, Page shall be given a dollar for dollar credit for the City's portion of the tax revenues (approximately 45%) against the $137,000.00 annual rental obligation for Phase I rental. IV. Option for Phases II and III: Page shall have a ten-year lease option for Phases II and III property for the annual sum of $1.00. In the event that the City constructs the ramp improvements for Phases II and III, the option period will be reduced to a period of five years from the date of the construction of the ramp improvements, or a period for the balance of the ten-year option, whichever comes first. Site improvements necessary for the Phases II and III lease area (excluding hangars) are to be made by the City, when and if funds become available during the ten-year option period. For Phases II and III leasehold, the City will lease to Page approximately 693,833 square feet of unimproved land for a period of twenty (20) years for each phase, with an option to extend the lease on each phase for an additional term of ten (10) years. Page will pay rent as follows: 10% of fair market value of unimproved land annually (in monthly payments). Reappraisal for rent determination shall be made in years 6, 11, 16, 21, 26. times (x) Following each reappraisal, the rent shall remain constant for a period of five years. Minutes of City Council 0-3 Page 215 0% - Years 1- 5 25% - Years 6-10 50% - Years 11-15 75% - Years 16-20 100% - Years 20-30 215 21G TUESDAY, FEBRUARY 27, 1990 V. Fixed Base Operations: M&C C-12194 cont. In addition to the above, Page shall have the rigit, ).t not the obligation, to construct a fixed base operation at Meacham Airp),t at a'y time during the term of the lease. Such right, conditioned upon the availability of sufficient airport land, will be subject to all existi,g requirements for fixed base operators at Meacham Airport, ircludinl the payment of rent and fees equal to those paid by other fixed.base operations at Meacham Airport. FINANCING: Sufficient funds are available for transfer f -)n the Capital Projects Reserve Fund 10, Project No. 010001, Unspecified, Cash Balaice. t)on completion of the recommended transfer from this account to Aviation I-provements - Capital Projects Fund 24, Project 43800, Meacham/Page Avjet Im)rovements funds will be available to provide for the identified site in)rovenents and fuel storage tank removal and replacement. The cash balance in Capital Projects Reserve Fund 10, Project No. 010001-00, Unspecified, w'll be $525,447.00 after this transfer. On motion of Council Member Zapata, seconded by Council 4ember Chappell, the M&C C-12194 recommendations, as contained in Mayor and Council Commurication No. C-12194, were adopted adopted. Mr. Vincent De Luca re M&C C-121941 Mr. Vincent De Luca, President of Page Avjet, and Mayor Bolen executed the contract for the Page Avjet aircraft maintenance o)erations at Fort Worth Meacham Airport and for City -constructed site improvements. It appearing to the City Council that on Febriary 13, 1990, the City Council continued the hearing in connection with the applicatior of =ederal Express Corporation Z-90-011 for a change in zoning of property located at 109 Norti C-anc,ler Avenue from "G" Commercial to "PD/SU" Planned Development/Specific .se f o, uses i' the "G" Commercial District and an office warehouse (for package delivery service subject to the site plan submitted); with site plan required, Zoning Docket Vo. Z-90-011, from day to day and from time to time and especially to the meeting of Fe)^.ary 27, 1990, to give every interested person or citizen opportunity to be heard, Mayor Bolen asked if there was anyone present desiring to be heard. Mr. Lee Halford Mr. Lee Halford, representing Federal Express Corporation, applicant for a change re Z-90-011 in zoning of property located at 109 North Chandler Avenue f^om "G" Commercial to "PD/SU" Planned Development/Specific Use for all uses in tte "G" Commercial District and office warehouse (for package delivery service su)ject to tte site plan submitted); with site plan required, Zoning Docket No. Z -90-C11, appeared )efore the City Council and requested that the City Council give favorable consideration for the proposed change in zoning and stated that Federal Express Cor:oration agrees to withdraw its application to close the emergency access easement along Norti C andler. Mrs. Sarah Walker Mrs. Sarah Walker, 2267 East 1st, appeared before tte City Council and advised re Z-90-011 City Council as long as Nies Street remains open t - at sF a 's for the approval of the applicant of Federal Express Corporation for a chance in zoning of property located at 109 North Chandler Avenue from "G" Commercial to "F:/S." Pla ned Development/Specific Use for all uses in the "G" Commercial District and )ffice warehouse; with site plan required, Zoning Docket No. Z-90-011. Mrs. Floyd was advised by the City Council and Mr. Halford that Nies Street would remain open. Mr. Lee Halford re Mr. Lee Halford, representing Federal Express (orporatio-i, appeared before the Z-90-011 City Council and advised City Council that Team Bank is tte owner of the property located at 109 North Chandler Avenue. Mayor Bolen, Council Members Chappell, Garrison, and We)>er„ advised City Council of their conflicts of interest involving voting on tte a)pl'cation of Federal Express Corporation inasmuch as Team Bank is the owner of tte pro)erty. Council Member McCray made a motion, seconded by Coincil Member Granger, that consideration of the application of Federal Express Corpo-ation fo, a change in zoning of property located at 109 North Chandler Avenue f^om "G" Come-c'al to "PD/SU" Planned Development/Specific Use for all uses in the "G" Conmercial District and an office warehouse (for package delivery service subject to the site plan submitted); with site plan required, Zoning Docket No. Z-90-011, be continued.until the end of the Council meeting. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C OCS-87 There was presented OCS-87 from the City Secretary reco-mending that the City Liability bonds Council accept or cancel liability bonds, as follows: CONTRACTOR'S BONDS Jessy L. Burney dba J.L. Burney Construction Company CEMENT BOND David Pickett Construction Company IDS . RA VCE C04PAD Y Western Sirety Insurance Company Western S.rety Company Minutes of City Council 0-3 Page 216 217 TUESDAY, FEBRUARY 27, 1990 CS -87 Liability 6. Claimant: Sharon- Ross CANCELLATIONS Date Received: onds cont. Date of Incident: December 22, 1989 Attorney: CEMENT BOND CANCELLATION DATE INSURANCE COMPANY Pavestone Company 3-14-90 CIGNA Company of North America #KO 32 67 83 0 $2,990.C7 + cost of f.ture med'cal attention &C OCS-87 adopted It was the consensus of the City Council that the recommendation be adopted. &C OCS-88 Claims There was presented OCS-88 from the City Secretary recommending that notices of orrespondence from claims for alleged damages and/or injuries be referred to the Risk Management Mr. Don D. Snow regarding the Department, as follows: regarding Zoning Docket No. Z-90-006. , It was the consensus of the City Council that ase; Mr. Don D. hristian Nduka 1. Claimant: Christian Nduka Azzun z zun Date Received: February 20, 1990 Date of Incident: December 6, 1989 Location of Incident: Horne Street Estimate of Damages/ Injuries: $3,603.80 - $3,903.80 Nature of Incident: Claimant alleges damages to his automobile and injuries as the result of an accident involving a City -owned vehicle (police). eddy Jack Wright 2. Claimant: Teddy Jack Wright Date Received: February 19, 1990 Date of Incident: November 1989 Location of Incident: U.S. 287 between Belknap Estimate of Damages/ Injuries: $939.79 Nature of Incident: Claimant alleges damages to his automobile as the result of an accident involving a City -owned vehicle (police). elvian Ann Garrett 3. Claimant: Melvian Ann Garrett Cuyler uyler Date Received: February 19, 1990 Date of Incident: Undeclared Location of Incident: .Fort Worth Police Station Estimate of Damages/ Injuries:' $20,000.00 Nature of Incident: Claimant alleges injuries as the result of a fall in City -owned building (jail). rs. John Wood 4. Claimant: Mrs. John Wood Date Received: February 19, 1990 Date of Incident: January 30, 1990 Location of Incident: Oakland and Bridge Estimate of Damages/ Injuries: $277.00 Nature of Incident:- Claimant alleges damages to her automobile as the result of -street conditions. r. & Mrs. James G. 5. Claimant: Mr. & Mrs. James G. McMennamy cMennamy Date Received: February 19, 1990 Date of Incident: January 18, 1990 Location of Incident 1704 Watson St. Estimate of Damages/ Injuries: $27,011.56 Nature of Incident: Claimant alleges damaces to their property as the resu' t of a cl ogc ed sto . i drain. haron Ross 6. Claimant: Sharon- Ross Date Received: February 19, 1990 Date of Incident: December 22, 1989 Attorney: Larry M..T,om)s)n Location of Incident: 350 West ; Bel cna ) ( Police Ad i i i stration Building) Estimate of Damages/ Injuries: $2,990.C7 + cost of f.ture med'cal attention Nature of Incident: Claimant a'.leges damages and iJuries as the result of a fall. &C OCS-88 adopted It was the consensus of the City Council that the recommendation be adopted. &C OCS-89 re There was presented OCS-89 from the City Secretary submitting to the City Council orrespondence from correspondence received from Mr. Gary Lynn Adams regarding a motion to dismiss; r. Gary Lynn Admasl Mr. Don D. Snow regarding the Kimball Art Museum; and from Mr. Domingo Grinie, Sr., e dismissal of hit regarding Zoning Docket No. Z-90-006. , It was the consensus of the City Council that ase; Mr. Don D. the correspondence be referred to the City Manager. now re Kimbell useum; and Mr. Mayor Pro tempore Gilley made a motion, seconded by Council Member Granger, that omingo Grinie, Sr. Mayor and Council Communication No. G-8489 be moved forward on the agenda. When the e Z-90-006 motion was put to a vote by the Mayor, it prevailed unanimously. &C G-8489 move orward on the genda Minutes of City Council 0-3 Page 217 218 TUESDAY, f,EBRUARY 27, 1990 M&C G-8489 re There was presented Mayor and Council Conr.,ication No. 3-8489 from the City revising bound- Manager, as follows: aries of City SUBJECT: ' ORDINANCE REVISING BOUNDARIES OF CITY COINCIL SINGLE -MEMBER Council Single- DISTRICT NOS. 2, 6 AND 7 RESJLTI�3 FR )y A�VEXATIONS AND Member districts DISANNEXATIONS RECOMMENDATION: It is recommended that: 1. The City Council approve the recommended revisions to City Council District Nos. 2, 6 and 7, to reflect recent annexations and disannexations from the City; and 2. An ordinance amending Sections 2, 6 and 7 of Ordinance No. 7323, as amended, be adopted in order to make the single-nember district boundaries coincide with the current cor)orate )oundaries. RArmniiNn. A specially called City Council electioi is scred.led for Saturday, May 5, 1990, to fill the vacated City Council seat for D's{,ict 7. In order for the City of Fort Worth to comply with the Voting Rights Act of 1955, information on the nature, scope and potential .impact of any )o.ndary changes on the electoral process since the City's last su)iission nest be submitted to the United States Department of Justice no later than sixty days prior to the scheduled election. This information must irclide dances in population, and the accessibility of the process to all citizens, particularly to minority citizens. I - The last revisions to the Single Member District Plan were approved by the City Council on February 21, 1989, prior to the City Coincil calling its regularly scheduled City Council elections aid the City CFarter Amendment election. Since the adoption of these revisiors, t,ere Favi been six (6) changes in the City's corporate boundaries. Four (4) of these changes resulted from annexations while two (2) res. ted f ron disanrexations. Each of these changes is briefly described be' ow, alorg witt its impact and the recommendation as to which single -member district each ewly annexed area should be included and from which single -ire -)e, districts the disannexed areas should be deleted. AREAS ANNEXED: Annexation Number 1 City Ordi-ance to. 10357 Annexation of 1388.318 acres in Alliance Internatio-al Centre. Present Population: 0 Projected Population: 3,846 This area should be added to District 2, as it is c)nt*-,oas to that District. At the time of annexation it contained zero )opu'ation and zero dwelling units. Proposed development includes 218.57 acres of single-family development,. Annexation Number 2 City Ordinance Do. 10379 Annexation of 119.025 acres in Old Decatur Vil'age Addition. Present Population: 0 Projected Population: 1,931 This area should be added to District 2, as it is contiguous to that District. At the time of annexation it contained ze-o )opilation and zero dwelling units. Proposed development includes 38 aces of milti-family development. Annexation Number 3 City Ordirance No. 10488 Annexation of 1.055 acres in Tally Additior. Present Population: 0 Projected Population: 0 This area should be added to District 2, as it is conti uo.s ti that District. At the time of annexation it contained zero po)ilation and zero dwelling units. Proposed development is non-residential. i Annexation Number 4 City Ordinance io. 10511 Annexation of 67.543 acres in Park 35 Commerce Cente, (P,ase 1). Present Population: 0 Projected Population: 0 Minutes of City Council 0-3 Page 218 219 TUESDAY, FEBRUARY 27, 1990 M&C G-8489 cont. This area should be added to District 2, as it is contiguous to that District. At the time of annexation it contained zero population and zero dwelling units. Proposed development is non-residential. AREAS DISANNEXED: Disannexation Number 1 City Ordinance No. 10370 Disannexation of 112 acres in Smallwood Estates Addition. Present Population: 126 Projected Population: 147 This area should be deleted from District 6, as it is totally contiguous to that District. At the time of disannexation it contained 126 population and 42 dwelling units. Disannexation Number 2 City Ordinance No. 10472 Disannexation of 12.5 acres in Eagle Mountain Circle Area. Present Population: 20 Projected Population: 24 This area should be deleted from District 7, as it is totally contiguous to that District. At the time of disannexation it contained 20 population and 8 dwelling units. IMPACT:' The impact of these changes in corporate boundaries on the specially called City Council election for Single -Member District 7 is negligible. At the time these annexations occurred, no population was added to the City and none of the annexations added territory to District No. 7. Of the two disannexations, only the Eagle Mountain Circle Area disannexation, with a present population of 20 persons, impacted District 7. To date, very little development has occurred in the newly annexed areas, and, as a result, any changes in their population figures since the time of annexation are insignificant. No significant changes in minority access to and influence on election results are anticipated as a result of the annexations and disannexations. M&C G-8489 adopted Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that the recommendations, as contained in Mayor and Council Communication No. G-8489, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin,.Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows, Ordinance No. ORDINANCE NO. 10532 10532 AN ORDINANCE AMENDING SECTIONS 2, 6, AND 7 OF ORDINANCE NO. 7323, AS AMENDED, BY REVISING THE BOUNDARIES OF SINGLE MEMBER DISTRICT NUMBERS 2, 6 AND 7; MAKING THIS ORDINANCE CUMULATIVE OF ALL ORDINANCES; REPEALING ALL ORDINANCES AND PROVISIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 7. 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 OC S-90 There was presented OCS-90 from the City Secretary recommending that an ordinance Ordinance calling be adopted calling a special City Council Election for May•5, 1990, for the purpose of Cpecial Election electing a City Council Member from District 7. On motion of Council Member Chappell, seconded by Mayor Pro tempore Gilley, the recommendation was adopted. Minutes of City Council 0-3 Page 219 220 TUESDAY, FEBRUARY 27, 1990 Introduced an Council Member Chappell 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, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10533 10533 AN ORDINANCE ORDERING A SPECIAL ELECTION BY THE QUALIFIED VOTERS OF THE CITY OF FORT WORTH, TEXAS, ON SATURDAY, THE 5TH DAY OF MAY, A.D. 1990, FOR THE PURPOSE OF ELECTING A CITY COUNCILMEMBER FOR DISTRICT NO. 7 OF THE CITY OF FORT WORTH, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION I. That, in compliance with the Charter of the City of Fort Worth and in accordance with the Constitution and laws of the State of Texas, a special election be and the same is hereby called and ordered for Saturday, May 5, 1990, as authorized by Section 41.001 of the Texas Election Code, as amended, at which election all qualified voters of City Council District No. 7 may vote for the purpose of electing a Councilmember for District No. 7. SECTION II. That the special election for Councilmember for District No. 7 is required on May 5, 1990, because on January 16, 1990, Steve Murrin, Jr., Councilmember for District No. 7, resigned from office. SECTION III. That the City Secretary of said City shall prepare ballots to be used in voting machines in said election, on which ballots shall be printed the names of the candidates for the position of Councilmember for District No. 7. The place of the candidates shall be designated on the official ballot as Councilmember-for-District No. 7� The City Council single member districts are described and defined in Ordinance Nos. 7323, 7392, 7441, 7869, 79639 8047, 8261, 86829 87129 87199 89099 9304, 9548, 96189 9639, 98049 10257 and 10532. SECTION IV. That no person's name shall be placed on the official ballot as a candidate for Councilmember for District No. 7 unless such person has filed his or her sworn application, as required by the laws of Texas, with the City Secretary not later than 5:00 P.M. of the 31st day before election day. There must also appear on the face of said application the single member district wherein said candidate resides and from which district said candidate is seeking election. That no person's name shall be placed on the official ballot as a candidate for Councilmember for District No. 7 unless such person is a qualified elector of the City and shall have resided continuously within the State for at least twelve (12) months immediately preceding the date of the regular filing deadline for a candidate's application for a place on the ballot, which date is April 4, 1990, and continuously within the district from which he seeks election for a period of at least six (6) months immediately preceding the date of the election, which is May 5, 1990. In determining whether a person has complied with the durational residency requirements established by and referred to in this ordinance and in the City Charter for the office of City Councilmember, the provisions of 141.001, 141.003 and 141.004 of the Texas Election Code, as amended, and Chapter IV, Section 3 of the City Charter shall apply. SECTION V. That it shall further appear to the said City Secretary, before said candidate's name is entered on said ballot, that he or she has filed an affidavit of loyalty with the City Secretary, as required by Article 141.031 of the Texas Election Code, as amended. SECTION VI. That, in the event that there are two or more candidates from District No. 7 for membership on the City Council, the order in which the names of such candidates are to be printed on the ballot shall be determined by a drawing to be conducted by the City Secretary. The City Secretary shall post Minutes of City Council 0-3 Page 220 221 TUESDAY, FEBRUARY 27, 1990 rdinance No. in her office a notice of the date, hour and place of the drawing. The 0 533 cont. notice must remain posted continuously for 72 hours immediately preceding the scheduled time of the drawing, except that for a run-off election, or an election held to resolve a tie vote, the notice must remain posted for 24 hours immediately preceding the scheduled time of the drawing. Upon receipt of a candidate's written request, accompanied by a stamped, self-addressed envelope, the City Secretary shall mail written notice of the date, hour and place of the drawing to the candidate. Each candidate affected by the drawing is entitled to be present or to have a representative present at the drawing. SECTION VII. That Ruth Howard, City Secretary of the City of Fort Worth, shall conduct and shall be the clerk for absentee voting at said election. That Robert Parten, Tarrant County Elections Administrator, will serve as chief deputy absentee voting clerk. Absentee voting shall be conducted by two methods: A. Voting by personal appearance; and B. Voting by mail. Absentee voting shall be on paper ballots. Each absentee voter shall vote for his or her choice for Councilmember for District No. 7. Said absentee voter shall vote by blackening in the box beside the name of the candidate for whom he wishes to vote; provided, however, that, if the voter places a plus sign (+) or a check mark ( ) or any other mark, which clearly shows the voter's intent in the square beside the name of the candidate for whom the voter desires to vote, it shall be counted as a vote for that candidate, provided that no more names are thus marked than there are places to be filled. That the failure of a voter to mark his or her ballot in strict conformity with these directions or failure to vote a full ballot shall not invalidate the ballot, and the vote shall be counted if the intent is clearly ascertainable, unless the law prohibits counting the vote. It is specifically provided that the election officers shall not refuse to count an absentee ballot because of the voter having marked his or her ballot by marking through the names of the candidates for whom he or she does not wish to vote; and that in this connection the attention of the Absentee Ballot Board is directed to the provisions of Section 65.009 of the Texas Election Code, as amended. SECTION VIII. . Absentee voting by personal appearance shall be conducted on weekdays only, beginning April 16, 1990, and continuing through May 1, 1990. Such absentee voting shall be conducted at the following locations at the following times: Location Office of the City Secretary 3rd Floor, Fort Worth Municipal Bldg. 1000 Throckmorton Street Fort Worth, Texas 76102 County Annex West 600 West Weatherford Fort Worth, Texas 76102 Time 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 4:30 p.m. In addition, absentee voting by personal appearance also shall be conducted on Saturday, April 28, 1990, between the hours of 9:00 a.m. and 1:00 p.m., in the Office of the City Secretary, Third Floor, Fort Worth Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. SECTION IX. The Absentee Ballot Board is hereby created to process absentee voting results, and Barney Koons is hereby appointed as Presiding Judge. The Presiding Judge shall appoint at least two other members to such Board. SECTION X. A. An electronic voting system, as defined in Chapter 121 of the Texas Election Code, as amended, shall be used for voting at the regular polling places at said election and for counting the ballots and the tabulation of the results. The conduct of the election and the use of the electronic voting system shall be in accordance with the Texas Election Code, as amended. B. The Office of the Tarrant County Elections Administrator, Tarrant County Courthouse, 100 Weatherford, Fort Worth, Texas, is hereby established as the Central Counting Station for the ballots cast in said election. Minutes of City Council 0-3 Page 221 222 TUESDAY, FEBRUARY 27, 1990 Ordinance No. C. Robert Parten, having knowledge and experience in the conduct of 10533 cont. elections with the electronic voting system for which the Central Counting Station is established, and being a registered voter of the City of Fort Worth, is hereby appointed as the Manager of the Central Counting Station. The Manager shall be in charge of overall administration of the Central Counting Station and the general supervision of the personnel working at said Station.. D. Wendy Sharp, being trained in the operation of the automatic tabulating equipment installed at the Central Counting Station, is hereby appointed Tabulation Supervisor. The Tabulation Supervisor shall be in charge of the operation of the automatic tabulating equipment. E. The appointments of Lynda Schaefer, Donna Calton and Connie Beckham as Assistants to the Tabulation Supervisor are hereby approved. They shall assist the Tabulation Supervisor in the operation of the automatic tabulating equipment as directed by the Tabulation Supervisor. F. Patricia Benavides is hereby appointed as Presiding Judge of the Central Counting Station. She shall maintain order at the Central Counting Station and.shall have such authority as may be prescribed by the Texas Election Code, as amended. SECTION XI. That the City Secretary is hereby ordered and directed to prepare and issue ballots for absentee voting and for electronic voting and to stamp same "Official Ballot." Said ballots shall be printed in English and in Spanish for use in said election. SECTION XII. That the City Secretary of the City of Fort Worth shall furnish election officials said ballots and voting equipment, together with any other forms, blanks or instructions in accordance with the Charter of the City of Fort Worth, Texas, and the laws of the State of Texas insofar as same are applicable. SECTION XIII. That the polls shall be kept open from seven o'clock A.M. until seven o'clock P.M., on May 5, 1990, and that due return shall be made to the City Council showing the number of votes cast for each candidate for the office of Councilmember for District No. 7., SECTION XIV. That any candidate receiving a majority of all the votes cast for the office of Councilmember for District No. 7 shall be elected to such office; but that, in the event of a tie or in the event that no candidate receives a majority of all the votes cast for the office of Councilmember for District No. 7, the Mayor, on the first day after the completion of the official tabulation and canvass of the returns, shall issue a call, proclamation and notice for a second election, as required by law, to be held on May 26, 1989, to fill that office, at which second election the two candidates receiving the highest number of votes for such office, in the first election, at which no one was elected by receiving a majority of all the votes cast for all candidates for such office, shall again be voted for. SECTION XV. That single member District No. 7 (described and defined with particularity in Ordinance Nos. 7323, 7392, 7441, 7869, 7963, 8047, 8261, 8682, 8712, 8719, 8909, 9304, 9548, 9618, 9639, 9804, 10257, and 10532) and the precincts therein, are set out with particularity on Exhibit "A" attached hereto and made a part hereof. SECTION XVI. Only qualified electors residing within the boundary of District No. 7 shall be eligible to vote for a candidate for the office of Councilmember for District No. 7. SECTION XVII. That the location of the polling places for the election of the office of Councilmember for District No. 7, except insofar as they may be changed by the City Council, are set forth on Exhibit -"B" attached hereto and made a part hereof. Minutes of City Council 0-3 Page 222 223 TUESDAY, FEBRUARY 27, 1990 Ordinance No. SECTION XVIII. 10533 cont. That the City Council shall appoint a Presiding Judge and an Alternate Presiding Judge for each precinct or portion thereof within City Council single member District No. 7. The Presiding Judge shall appoint not less than two nor more than five qualified election clerks to serve and assist in conducting said election, provided that, if the Presiding Judge actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. SECTION XIX. That said election -shall be held under the provisions of the Charter of the City of Fort Worth, Texas, and the Constitution and laws of the State of Texas, insofar as same may be applicable, and all duly qualified resident electors of single member District No..7 shall be allowed to vote in the election for the office of Councilmember for District No. 7. Each and every candidate for Councilmember for District No. 7 of the City of Fort Worth shall be a qualified elector of the City. SECTION XX. This ordinance shall constitute the proclamation, call, notice and ordinance calling and ordering said election. SECTION XXI. That notice of said election shall be given by: (1) publishing a copy of this ordinance, in English and in Spanish, at least once, not earlier than the 30th day or later than the 10th day before the date set for said election, in a newspaper published in said City; and (2) not later than the 21st day before the date set for the election, posting a copy of this ordinance, in English and in Spanish, on the City's bulletin board used for posting notices of the meetings of the Fort Worth City Council. II II SECTION XXII. That the way and manner of holding said election, the notice to be given therefor, the polling places, the personnel and the officers who are to hold same, and all details connected with the holding of the election shall be provided for and arranged by the City Secretary; that the proper notice and publication of this notice, proclamation and ordinance shall only be cumulative of and in addition to the statutory notice of said election as herein provided; and that any omission or irregularity in the publication of this notice, proclamation and ordinance, or in the signing of same, shall not in any way affect or invalidate such election. SECTION XXIII. That in all respects, said election shall be conducted in accordance with the Texas Election Code, as amended. SECTION XXIV. That it is hereby officially found and determined that the meeting at which this ordinance was adopted and said election was called was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Vernon's Annotated Civil Statutes, Article 6252-17, as amended. SECTION XXV. That this ordinance, election order, proclamation and notice shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. EXHIBIT "A" Revised 2/19/90 Fort Worth Precincts in Single Member District 7 Established March 1, 1988 District Voting Precincts 7 3001, 3253, 4002, 4016, 4053*, 4057, 4064, 4065*, 4086, 4094, 4113, 4116, 4120, 4125, 4137, 4232*, 4242, 4243, 4252, 4272, 4274, 4285, 4341, 4344, 4345, 4373, 4376 *Split Precincts 1. Split with unincorporated territory 4232 Minutes of City Council 0-3 Page 223 224 TUESDAY, FEBRUARY 27, 1990 Ordinance No. 2. Annexation Corridors 10533 cont. 4065 EXHIBIT "B" DISTRICT PRECINCT LOCATION 7 3001 Lobby - Civil Courts Building 100 North Houston 76196 7 3253 Nash Elementary School 401 Samuels 76102 7 4002 Hunter Plaza 200 Burnet 76102 7 4016 South Hi -Mount Elementary School 4101 Birchman 76107 7 4057 Trinity Terrace 1600 Texas Street 76102 7 4064 Fort Worth Independent School District Building 3210 West Lancaster 76107 7 4086 Texas Girls Choir Building 4449 Camp Bowie Boulevard 76107 7 4094 Arlington Heights High School 4345 4501 West Rosedale 76107 7 4116 North Hi Mount Elementary School 3801 West 7th Street 76107 7 4120 Como Elementary School 4274 4000 Horne Street 76107 4341 7 4125 Trinity Baptist Church 4243 620 Churchill Road 76114 7 4137 Jo Kelly School 201 North Bailey 76107 7 4232* Fire Station No. 13 4053* 5333 Lea Crest 76135 7 4285 Shady Oaks Manor 4242* 6148 San Villa Drive 76135 4373 7 4252 American Legion Post No. 626 1125 Burton Hill Road 7 4272 Grace Baptist Church 4113 1650 North Las Vegas Trail 4065* 76108 7 4344 Teacher's Center 5100 E1 Campo 76107 7 4376 Ripley Arnold Apartments 310 N. Cherry Street 76102 *Split with unincorporated territory or annexation corridor. It appearing to the City Council that the City Council on January 30, 1990, set today as the date for hearing in connection with the assessment paving of Judkins Street from Ennis Avenue to East First Street and that notice of the hearing has been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Lunday, Mrs. Martha Lunday, representing the Department of Transportation and Public re M&C G-8482 Works, appeared before the City Council and introduced into evidence Mayor and Council Communication No. G-8482 from the City Manager, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF JUDKINS STREET FROM ENNIS AVENUE TO EAST FIRST STREET, PROJECT NO. 67-040159-00 RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in Minutes of City Council 0-3 Page 224 225 TUESDAY, FEBRUARY 27, 1990 &C G-8482 cont. each case the abutting property is specially benefited in enhanced value in excess of the amount assessed for the improvement of Judkins Street from Ennis Avenue to East First Street. DISCUSSION: The 1986 Capital Improvement Program approved in March, 1986, included funds for the improvement of Judkins Street from Ennis Avenue to East First, Street. This street is located in the Riverside Target Area, and Community Development Block Grant funds will. finance 30 percent of the construction cost. On January 30, 1990 (M&C C-12136), the City Council awarded the construction contract for this project and established February 27, 1990, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. The project is located in Council District 8. PROPOSED IMPROVEMENTS: It is proposed to improve this segment of Judkins Street by constructing six-inch thick reinforced concrete pavement with seven-inch high attached concrete curb over a six-inch thick lime stabilized subgrade so that the finished roadway will be twenty-eight feet wide on a sixty-four foot right -of -way. Six-inch thick concrete driveway approaches will be constructed where specified on the plans. ASSESSMENTS: This street has not previously been constructed to City standards and is located in a CDBG Target Area; therefore, in accordance with the Assessment Paving Policy, properties zoned and used for one and two-family residences are not being assessed. An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. Based on standard City policy, the low bid prices, and the advice of the independent appraiser, the cost of the construction has been computed at $23,230.64 (13%) for the property owners and $153,070.27 (87%) for the City of Fort Worth at large. Minutes of City Council 0-3 Page 225 The independent appraisal substantiates that, as a result of the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment. Mrs. Lunday re Mrs. Lunday advised the City Council that Mr. Robert Martin, independent appraiser, has M&C G-8482 submitted to the City Council his summary of findings and conclusions regarding his study of property adjacent to Judkins Street from Ennis Avenue to East First Street for the purpose of estimating the market enhancement'and special benefit (if any) to the unencumbered fee simple title of the subject property, and is available for questioning. M&C G-8482 cont. Council Member Webber made a motion, seconded by Council Member Chappell, that the for two weeks benefit hearing in connection with the assessment paving of Judkins Street from Ennis Avenue to East First Street be continued for two weeks for vote only. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-8483 re There was presented Mayor and Council Communication No. G-8483 from the City Settlement of all Manager stating that the lawsuit of Betty June Shelvey, et vir, Stephen F. versus City claims - lawsuit of Fort Worth, Cause No. 48-92052-85, arises out of claims by Mr. and Mrs. Shelvey, of Betty June owners of property located at 2235 Fifth Avenue, that negligence of the City of Fort Shelvey et vir, Worth with regard to the construction and/or maintenance of the alley behind the Stephen F. versus property has caused or contributed to the flow of surface water onto their land and City of. Fort Worth that the property has been damaged by such surface water flow; that the Shelvey's sued the City of Fort Worth and the City filed a third -party action in this case against the Fort Worth Independent School District alleging that certain actions or conduct of the School District on the E.M. Daggett Middle School property, which is located immediately across the alley from the Shelvey's land, caused or contributed to the damages the Shelvey's may have sustained; that a settlement has been negotiated whereby the City of Fort Worth would pay $6,250.00 to the Shelvey's and the Fort Worth Independent School District would be $6,000.00 to the Shelvey's in settlement of all claims in the lawsuit; that funds are available in Fund 71, Account No. 15-71-20, Index Code 399188; and recommending that the expenditure of $6,250.00 be authorized, together with certain costs of court, in settlement of all claims against the City of j Fort Worth in Cause No. 48-92052-85 and that the City Manager or his authorized representative be authorized to execute an appropriate settlement agreement and any other documents necessary to complete the settlement and authorize the dismissal, with prejudice, of the City's third -party action in this case. Council Member Chappell requested permission to abstain from voting on Mayor and Council Communication No. G-8483 involving the Fort Worth Independent School District. Minutes of City Council 0-3 Page 225 226 TUESDAY, FEBRUARY 27, 1990 Council Member Garrison made a motion, seconded by Council Member McCray, that Council Member Chappell be permitted to abstain from voting on Mayor and Council Communication No. G-8483. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Granger made a motion, seconded by Council Member Zapata, that the recommendation, as contained in Mayor and Council Communication No. G-8483, 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 M&C G-8484 re There was presented Mayor and Council Communication No. G-8484 from the City revising City's Manager submitting to the City Council a proposed revision to the Personnel Rules and Personnel Rules Regulations regarding the HIV/AIDS Policy; describing the mandated provisions of the and Regulations policy; and recommending that a resolution be adopted and the proposed revision of the City's Personnel Rules and Regulations relating to the City's compliance with the State "Human Immunodeficiency Virus Services Act" be approved. It was the consensus of the City Council that the recommendation be adopted. Introduced a Council Member Zapata introduced a resolution and made a motion that it be adopted. Resolution The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1509 1509 WHEREAS, on December 15, 1981, the City Council of the City of Fort Worth passed Ordinance No. 8486, which provided for the establishment, regulation and maintenance of a merit system now contained in Article V of Chapter 2, of the Code of the City of Fort Worth (1986) as amended; and WHEREAS, Article V of Chapter 2 provides that the Personnel Director shall prepare personnel policies which shall provide for such rules, practices and procedures as may be necessary for the effective administration of the City's Merit System; and WHEREAS, such personnel policies, when approved by the City Manager, shall be proposed to the City Council, and the Council may, by resolution, adopt them with or without amendment; and WHEREAS, the Personnel Director and the Public Health Director have prepared revisions to the City's personnel policies now entitled "Personnel Rules and Regulations", which volume is available for inspection and on file as a public record in the Office of the City Secretary; WHEREAS, such revision has been approved by the City Manager and is hereby proposed to the City Council as an amendment to the City's "Personnel Rules and Regulations"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: That the City Council hereby adopts, without amendment, the attached revision to Section H-6, "HIV/AIDS and other Communicable Diseases Policy", of the "Personnel Rules and Regulations" to facilitate administration of the City's Merit System, as provided in Article V of Chapter 2 of the Code of the City of Fort Worth (1986) as amended. (The revisions to Section H-6 of the Personnel Rules and Regulations, referred to in the above -referenced resolution, are on file in the Council Proceeding Files of this date and are incorporated herein and referenced thereto.) M&C G-8485 re There was presented Mayor and Council Communication No. G-8485 from the City Southwestern Bell Manager stating that Colonial Country Club has requested the temporary closing of the Colonial Golf 3700 Block of Country Club Circle and the 3700, 3800, and 3900 Blocks of Mockingbird Lane from May 14 through May 20, 1990, for the Southwestern Bell Colonial Golf Tournament Tournament to ensure the safety of the spectators and participants of the tournament; Minutes of City Council 0-3 Page 226 227 TUESDAY, FEBRUARY 27, 1990 M&C G-8485 cont. and adopted and recommending that the request of Colonial Country Club be approved. It was the consensus of the City Council that the recommendation be adopted. M&C G-8486 re There was presented Mayor and Council Communication No. G-8486 from the City disposal of public Manager recommending that the disposal of revenue receipts (to include tax and various records general fund items) for the period from October 1, 1988, to September 30, 1989, belonging to the Finance Department, be authorized. It was the consensus of the City Council that the recommendation be adopted. M&CG-8487 re There was presented Mayor and Council Communication No. G-8487 from the City amending Chapter 3 Manager recommending that an ordinance be adopted amending Chapter 3, "Airports and Airports and Air- Aircraft" of The Code of the City of Fort Worth by adding a section providing for a crafts heliport license application fee in the amount of $200.00 to be collected by the Aviation Department. It was the consensus of the City Council that the recommendation be adopted. Introduced an Council Member Zapata introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10534 10534 AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 3, "AIRPORTS AND AIRCRAFT" OF THE CITY CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY ADDING TO SECTION 3-47 THEREOF, A SUBSECTION 6, PROVIDING FOR A HELIPORT LICENSE APPLICATION FEE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. M&C G-8488 re There was presented Mayor and Council Communication No. G-8488 from the City Water Capital Manager recommending that a resolution be adopted calling for a public hearing to Improvements Plan consider the adoption of a Water Capital Improvements Plan and associated impact fees for water facilities and adoption of a Wastewater Capital Improvements Plan and associated impact fees for wastewater facilities. On motion of Council Member Granger, seconded by Council Member Chappell, the recommendation was adopted. Introduced a Council Member Granger introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1510 1510 A RESOLUTION CALLING FOR A PUBLIC HEARING TO CONSIDER ADOPTION OF A WATER CAPITAL IMPROVEMENTS PLAN AND ASSOCIATED IMPACT FEES FOR WATER FACILITIES AND ADOPTION OF A WASTEWATER CAPITAL IMPROVEMENTS PLAN AND ASSOCIATED IMPACT FEES FOR WASTEWATER FACILITIES WHEREAS, the City of Fort Worth, Texas, is considering the adoption of certain impact fees as provided for by Chapter 395 of the Texas Local Government Code; and WHEREAS, Chapter 395 of the Texas Local Government Code requires a public hearing to be held for the purpose of considering the Capital Improvement Plan pursuant to which impact fees may be imposed. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: j A public hearing will be held at 10:00 a.m. on Tuesday, April 10, 1990, in the Council Chambers of the City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas, for the purpose of considering separate Capital Improvements Plans for water and wastewater pursuant to which an impact fee or fees may be imposed. Impact fees for each category of facilities may be used to generate revenue for funding or recouping the costs of water facilities and wastewater facilities, respectively, or the expansion of such facilities which are necessitated by and which are attributable to new development. Minutes of City Council 0-3 Page 227 228 TUESDAY, FEBRUARY 27, 1990 Resolution No. Any member of the public may appear at the public hearing and present 1510 cont. evidence for or against the approval of the Capital Improvement Plans and associated impact fees. M&C G-8490 re There was presented Mayor and Council Communication No. G-8490 from the City grants from the Manager stating that the City Manager on June 6, 1989, by Mayor and Council Criminal Justice Communication No. G-8063 was authorized to submit applications to and accept grants Division from the Criminal Justice Division of the Governor's for five Police Department projects; that it was determined subsequently that awarded assets could be substituted for the local cash match for two of the five projects; that the grants for the DNA Testing and Juvenile Narcotics Enforcement have been awarded to the Police Department and their transfer will make sufficient funds available for the cash match required to comply which the grant applications submitted; and recommending that the City Council: 1. Approve the deposit of $63,428.00 into the General Fund 01, from restitution payments, sales, refunds and recoveries of drug related cash and equipment seizures; 2. Adopt the attached supplemental appropriations ordinance increasing estimated receipts by $63,428.00 in the General Fund 01 and appropriations by the same amount in the General Fund 01, Non -Departmental, Account No. 90-35-00, from increased revenues; and 3. Approve the transfer from General Fund 01, to the Grant Fund 76, Project No. 202482-01, DNA Testing in the amount of $36,396.00 and Project No. 202481-01, Juvenile Narcotics Enforcement, in the amount of $27,032.00. M&C G-8490 adopted It was the consensus of the City Council that the recommendations be adopted. Introduced an Council Member Zapata introduced an ordinance and made a motion that it be adopted. )rdinance The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: rdinance No. ORDINANCE NO. 10535 0535 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE GENERAL FUND O1, OF THE CITY OF FORT WORTH FOR THE FISCAL YEAR 1989-90 BY $63,428 AND INCREASING APPROPRIATIONS IN THE GENERAL FUND O1, NON -DEPARTMENTAL, ACCOUNT NO. 90-35-00 BY SAID AMOUNT, FOR THE PURPOSE OF PROVIDING CASH MATCH FOR CRIMINAL JUSTICE DIVISION GRANT PROJECTS; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. &C P-4057 re There was presented Mayor and Council Communication No. P-4057 from the City urchase agreement Manager submitting a tabulation of bids received for the purchase of hard hats for all o provide hard City departments; stating that budgeted funds are sufficient to cover the anticipated ats expenditures; and recommending that a one-year purchase agreement be authorized with Dantack Corporation on its low unit price of $25.90 each and that all City departments be authorized to participate in the agreement effective from the date of authorization and ending one year later. It was the consensus of the City Council that the recommendations be adopted. &C P-4058 re urchase agreement There was presented Mayor and Council Communication No. P-4058 from the City ith Pioneer Aggre Manager submitting a tabulation of bids received for the purchase of Type A Grade 1 ate Coverstone for all City departments; stating that budgeted funds are sufficient to cover the anticipated expenditures; and recommending that a purchase agreement be authorized with Pioneer Aggregate on its low bid of unit price of $8.73 per ton and that all departments be authorized to use the agreement, if needed, with the agreement to begin March 16, 1990, and end one year later.. It was the consensus of the City Council that the recommendations be adopted. &C P-4059 re urchase 720 channe There was presented Mayor and Council Communication No. P-4059 from the City veiation radios Manager submitting a tabulation of bids received for the purchase of 720 channel Minutes of City Council 0-3 Page 228 229 TUESDAY, FEBRUARY 27, 1990 M&C P-4059 cont. aviation radios for the Fire and Aviation Departments; stating that funds are available to begin in Account No. 36-30-10, Index Code 331744, and Account No. 55-20-01, Index Code 7, 331140; and recommending that the purchase be authorized from Air Carrier Electronics, and end one year from that date. Inc., for a sum not exceeding $10,390.05, f.o.b. Fort Worth. It was the consensus of It was the consensus of the City Council that the recommendation be adopted. M&C P-4060 re There was presented Mayor and Council Communication No. P-4060 from the City contract with F&F Manager stating that City Council awarded Item No. 2, concrete saw, to F & F Distributors of Distributors on January 23, 1990, by Mayor and Council Communication No. P-3978; that Mesquite, Texas and the concrete saw did not meet the stated City specifications for an 18 H.P. saw because Allen Construction F & F Distributors bid a saw that provided only frictional adjustments and not a Supply micro -adjustable speed range as required in the stated City specifications; that the saw did not have an automatic return -to -neutral speed control lever as was required by the stated City specifications; and the saw was one-third lighter in weight than the minimum weight requirements of 917 pounds that were stated on the City specifications; stating that funds are available in General Fund 01, Account Nos. 20-80-02, 20-45-02, and 20-45-01, Index Codes 239020, 283143, and 282590, respectively; and Water and Sewer Fund 45, Account No. 60-70-11, Index Code 391185; and recommending that the City Council rescind the approval of Item No. 2 on Mayor and Council Communication No. P-3978, dated January 23, 1990, which inadvertently was awarded to F & F Distributors of Mesquite, Texas, for an amount of $2,898.68, and award the contract to Allen Construction Supply on low bid, meeting City specifications, of $3,368.00. It was the consensus of the City Council that the recommendations be adopted. M&C P-4061 re There was presented Mayor and Council Communication No. P-4061 from the City purchase agreement Manager stating that the City Council authorized a purchase agreement with Burly with Burly Corp. Corporation for the removal of trash and debris from substandard structures on February 7, 1989, by Mayor and Council Communication No. P-3195; that the vendor has agreed to hold its price firm for another year, and staff recommends that Council authorize exercising the option to renew the agreement for one year; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that the City Council authorize: 1. Exercising the option to renew a purchase agreement with Burly Corporation for trash and debris removal for the City Services Department on the unit prices as follows: ITEM DESCRIPTION AMOUNT 1 Manual removal of 0-5 cu. yds. $ 21.33/cu. yd. 2 Manual removal of 5-7 cu. yds. $ 21.10/cu. yd. 3 Manual removal of 7-10 cu. yds. $ 18.49/cu. yd. 4 Manual removal of 10-16 cu. yds. $ 17.49/cu. yd. 5 Manual removal of over 16 cu. yds. $ 17.00/cu. yd. 6 Manual removal in 10 cu. yd. increments $179.00/per 10 cu. yds. 7 Removal by equipment of 0-5 cu. yds. $ 42.33/cu. yd. 8 Removal by equipment of 5-7 cu. yds. $ 42.10/cu. yd. 9 Removal by equipment of 7-10 cu. yds. $ 36.49/cu. yd. 10 Removal by equipment of 10-16 cu. yds. $ 35.49/cu. yd. 11 Removal by equipment of over 16 cu. yds. $ 35.00/cu. yd. 12 Removal by equipment in 10 cu. yd. increments $349.00/per 10 cu. yds. M&C P-4062 re 2. The agreement to begin February 7, 1990 and end one year from that date. M&C P-4061 adopted It was the consensus of the City Council that the recommendations be adopted. M&C P-4062 re There was presented Mayor and Council Communication No. P-4062 from the City purchase agreement Manager stating that the City Council authorized a purchase agreement with Special with Special Equip"Equipment Company on its bid of dealer's list price less five percent on April 18, ment Company 1989, by Mayor and Council Communication No. P-3397 to furnish O.E.M. FMC/LTI pumper and aerial ladder parts for the Equipment Services Division; that Special Equipment Company has performed well and the City Services Department, Equipment Services Division, has requested the option to renew be exercised; that the vendor agreed in writing to hold the discount for the new agreement period; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that the City Council exercise the option to renew the purchase agreement with Special Equipment Company to furnish genuine O.E.M. FMC/LTI parts to the City Services Department for one additional year on the bid of dealer's list price less five percent, with the new term of agreement to begin April 18, 1990, and end one year later. It was the consensus of the City Council that the recommendations be adopted. M&C P-4063 re There was presented Mayor and Council Communication No. P-4063 from the City purchase agreements Manager stating that the City Council authorized a purchase agreement with Stephens with Stephens Equipment Company on April 4, 1989, by Mayor and Council Communication No. P-3378 on Equipment Company its bid of $59.00 per month for 230 pound ice machines at $79.00 per month for 450 pound machines and service on City -owned equipment to be performed at $35.00 per hour labor with parts at list price less 20 percent; that the vendor has performed well and the user departments have requested the option to renew be exercised; that the vendor has agreed in writing to hold the prices firm for another year; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that the City Council: Minutes of City Council 0-3 Page 229 230 TUESDAY, FEBRUARY 27, 1990 M&C P-4063 cont. 1. Exercising the first of two options to renew the purchase agreement with Stephens Equipment Company for the rental and service of ice machines for various City departments for one additional year on the bid as follows: a. 230 lb. machine - $59.00/month b. 450 lb. machine - $79.00/month c. Service on City -owned machines - Labor at $35.00/hour Parts at list price less 20% 2. The new agreement period to begin April 4, 1990, and end one year later, with option to renew for one additional year. i M&C P-4063 ca do p teo It was the consensus of the City Council that the recommendations be adopted. M&C P-4064 re There was presented Mayor and Council Communication No. P-4064 from the City urchase agreement Manager submitting a tabulation of bids received for a purchase agreement for black or black iron pipe iron pipe and fittings for all City departments; stating that budgeted funds are nd fittings sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that the City Council: 1. Authorize a purchase agreement for black iron pipe and fittings with Ferguson/Universal on the low overall bid of unit prices as follows: ITEM FERGUSON/UNIVERSAL EULESS, TS Percent from Price List 1 Reducer, bushing -70.47% 2 Tees -70.47% 3 Unions -70.47% 4 Nipples -82.23% 5 Plugs -70.47% 6 Reducer Bell -70.47% 7 Couplings -70.47% 8 Elbows -70.47% 2. Allow all City departments to participate in this agreement, if needed, effective from date of authorization until expiration one year later. &C P-4064 adopted 11 It was the consensus of the City Council that the recommendations be adopted. &C P-4065 re There was presented Mayor and Council Communication No. P-4065 from the City urchase agreemnt Manager submitting a tabulation of bids received for a one-year purchase agreement to o rpovide inlet provide inlet lids and rings for City departments; stating that budgeted funds are ids and rings sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that the City Council: 1. Authorize a one-year purchase agreement to provide inlet lids and rings with Western Iron Works on the low unit bid meeting City specifications, net, f.o.b. Fort Worth, as follows: Item 1 Inlet lids L2 $29.00/each Item 2 Inlet Rings L2 $11.40/each 2. Allow all City departments to participate in this agreement, if needed, effective upon authorization by the City Council and ending one year later. &C P-4065 adopted It was the consensus of the City Council that the recommendation be adopted. &C P-4066 re There was presented Mayor and Council Communication No. P-4066 from the City urchase agreement Manager stating that Leopold Company, Inc., is the sole manufacturer and sole source or parts, labor,, for parts, labor, and training on the Leopold metering equipment; that the service is nd training on used to maintain the Leopold flow metering equipment for water purification for the eopold s metering quipment Water Department; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that the City Council: 1. Authorize a purchase agreement for parts, labor and training on Leopold's metering equipment with Leopold Company, Inc., as a sole source bid, f.o.b. Zelienople, Pennsylvania as follows: SERVICE RATE TRAVEL OVER 1/2 DAY BIDDER PARTS PER DAY CHARGE TIME/HOUR BILLING Leopold Co., Inc. (Minimum $560.00/day .30/mile $105/hour $280 Zelienople, Penn. $50/Order) 1/2 day 2. Allow the Water Department to participate in this agreement exclusively, effective from date of authorization by City Council until one year later, with option to renew annually for one year.. Minutes of City Council 0-3 Page 230 231 TUESDAY. FEBRUARY 27, 1990 M&C P-4066 adopted - It was the consensus of the City Council that the recommendations be adopted. MAC P-4067 re There was presented Mayor and Council Communication No. P-4067 from the City purchase of Manager submitting a quotation received for the purchase of a chemical feed system for chemical feed various City buildings for the Transportation and Public Works Department; stating that system funds are available in General Fund 01, Account No. 20-50-02, Index Code 234401; and recommending that the City Council authorize the purchase of chemical feed system from Calgon Vestal Laboratories on its quotation of $13,197.00. It was the consensus of the City Council that the recommendation be adopted. MAC P-4068 re There was presented Mayor and Council Communication No. P-4068 from the City purchase of repair Manager stating that a White Superior engine of the Village Creek Wastewater Treatment services Plant, Engine No. 8, became inoperable on January 3, 1990; that the company that manufactures the engine and owns the patents, Cooper Energy Services Group, gave a cost of $191,938.40 to complete the repairs; that the engine powers a blower that is critical to the wastewater plant operation, especially since another blower is currently undergoing repairs; that, after the engine was disassembled, additional problems were discovered; that staff requests the City Council authorize an additional $47,000.00 for a new total of $238,938.40; that funds are available in Fund 45, Account No. 70-50-02, Index Code 384487; and recommending that the City Council amend Mayor and Council Communication No. P-3994 for the confirmation of the emergency purchase of repair services from Cooper Energy Services Group to repair a White Superior engine for the Water Department for an amount not to exceed $238,938.40. It was the consensus of the City Council that the recommendation be adopted. M&C P-4069 re There was presented Mayor and Council Communication No. P-4069 from the City amended for all Manager stating that Mayor and Council Communication No. P-3590, dated July 18, 1989, City departments has been amended to allow all City departments to participate in the maintenance tonparticipate agreement of microcomputers, after the departments have received approval under AR in the maintenance No. 6-0, dated October 1, 1974; that budgeted funds are sufficient to cover the agreement of anticipated expenditure by each department participating in this agreement; and microcomputers recommending that the City Council authorize the following: 1. Amend the recommendation of M&C P-3590 approved on July 18, 1989, Item 2 to read: "Authorize all departments, with approval of Information Systems and Services as provided in AR No. 6-0, dated October 1, 1974, to participate in this agreement"; and 2. Amend Item 3 to read: "This agreement will be effective date of authorization by the City Council until one year later." M&C P-4069 adopted II It was the consensus of the City Council that the recommendations be adopted. M&C P-4070 re There was presented Mayor and Council Communication No. P-4070 from the City annual maintenance Manager stating that specifications and lease agreements for Lanier word processing agreement for word equipment require that the authorized Lanier representative furnish maintenance; that processing equip- Lanier is the sole source; stating that funds are available in General Fund 01, Account ment No. 04-50-01, Index Code 217026; and recommending that the City Council authorize a one-year annual maintenance agreement, with option to renew for two years, for Information Systems and Services Department with the sole source, Lanier, for an amount not to exceed $17,018.00, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-4071 re There was presented Mayor and Council Communication No. P-4071 from the City purchase of pneu- Manager submitting a tabulation of bids received for the purchase of pneumatic powered matic powered tools tools for the Water Department; stating that funds are available in Water and Sewer Operating Fund 45, Account Nos. 60-70-04, 60-70-05, 60-70-07, 60-70-11, 70-70-04, 70-70-05, and 70-70-06, Index Codes 377150, 377671, 378687, 391235, 387597, 388264, and 388868, respectively; and recommending that the purchase be authorized on a low -bid -item basis, meeting City specifications, as follows: AMOUNT 1. Texas Contractors Supply $ 5,565.00 Fort Worth, TX 2. Bacrac Supply Co. 4,298.00 Dallas, TX 3. Air Tool & Hoist 4,375.00 Dallas, TX 4. P. A. Ross Machinery 7,122.50 Dallas, TX Total amount not to exceed $21,360.50 net, f.o.b. Fort Worth, TX M&C P-4071 adopted � It was the consensus of the City Council that the recommendation be adopted. M&C P-4072 re There was presented Mayor and Council Communication No. P-4072 from the City purchase agreement Manager submitting a tabulation of bids received for a one-year purchase agreement with to provide trash option to renew for two additional years to provide trash services at Will Rogers services at Will Memorial Center; stating that funds are available in General Fund 01, Account Rogers No. 25-10-00, Index Code 255463; and recommending that the City Council authorize: Minutes of City Council 0-3 Page 231 232 TUESDAY, FEBRUARY 27, 1990 M&C P-4072 cont. 1. _ A one year purchase agreement, with options to renew for two additional years, to provide trash services at the Will Rogers Memorial Center with Waste Management of Fort Worth on the low bid as follows: (1) 30 cubic yard container - 10 hauls per year $132.00/each (2) 35 cubic yard container - 10 hauls per year $137.90/each (3) 30 cubic yard container - 340 hauls per year $118.60/each 2. All City departments to use this agreement, if needed, effective upon date of authorization and expire one year later or option for renewal is exercised. M&C P-4072 a dop teol It was the consensus of the City Council that the recommendations be adopted. M&C P-4073 re There was presented Mayor and Council Communication No. P-4073 from the City cancellation of Manager stating that the City Council on December 12, 1989, by Mayor and Council purchase with Lake Communication No. P-3869, authorized the purchase of 300 five -gallon dwarf Chinese Winds Nursery and holly for the Park and Recreation Department from Lake Winds Nursery; that the purchase authorized pur- order for the plant material was issued on December 14, 1989, just before the chase of 300 five- state-wide freeze; that Lake Winds Nursery notified the City in early January that it gallon dwarf could not furnish this material at the quoted price as its supplier's stock was Chinese holly destroyed by the freeze; that other vendors submitting bids for the material were Company, Forest contacted and their quoted prices were no longer valid due to stock being destroyed; that new bids were received by the City for this nursery stock on February 9, 1990; 1. Purchase agreements with two that funds are available in Special Trust Fund 72, Project No. 502111-00, Index Code and Davis Main- 600171; and recommending that the City Council authorize cancellation of purchase award the Park and Recreation Department and with Lake Winds Nursery for 300 five -gallon dwarf Chinese holly at $5.75 each for a the Housing and Human Services total amount of $1,725.00; and authorize the purchase of 300 five -gallon dwarf Chinese holly from Premier Nurseries on low bid, meeting City specification, of $6.35 each for f.o.b. Fort Worth as follows: a total amount not to exceed $1,905.00 net, f.o.b. Fort Worth. It was the consensus of A. Collins Mowing Service the City Council that the recommendation be adopted. M&C P-4074 re There was presented Mayor and Council Communication No. P-4074 from the City purchase of one Manager submitting a tabulation of bids received for the purchase of one pedestrian pedestrian bridge bridge for the Park and Recreation Department; stating that funds are available in Park and Recreation Improvements Fund 05, Project No. 041012-00, Index Code 625517; and recommending that the purchase be made from Continental Bridge on low bid, meeting City specifications, of $10,989.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-4075 re There was presented Mayor and Council Communication No. P-4075 from the City purchase of eye Manager stating that the Employment and Training Department provides eye examinations examinations, and corrective lenses for the participants in the job training programs, with the corrective lenses, maximum amount to be spent on a participant not to exceed $175.00; that the Employment frames and contact and Training Department staff feels the money could be more effectively utilized if lenses they were authorized to send their clients to any of the four vendors that offer reduced price specials; that the multiple locations of each of the vendors assure availability to the clients regardless of the client location; that budgeted funds are sufficient to cover the anticipated expenditure by the department participating in this agreement; and recommending that the City Council authorize the purchase of eye examinations, corrective lenses, frames, and contact lenses for the Employment and Training Department from Texas State Optical, Royal Optical, Lenscrafters, and Optical Mart for a total amount not to exceed $6,500.00. It was the consensus of the City Council that the recommendation be adopted. M&C P-4076 re There was presented Mayor and Council Communication No. P-4076 from the City purchase agree- Manager submitting a tabulation of bids received for grounds maintenance service for ments with the Park and Recreation Department and the Housing and Human Services Department; Collins Mowing stating that budgeted funds are sufficient to cover the anticipated expenditure by each Service, Emery department participating in this agreement; and recommending that the City Council Lawn Maintenance authorize: Company, Forest Hills, Lawn Service, 1. Purchase agreements with two one-year options for renewal to provide and Davis Main- grounds maintenance service for the Park and Recreation Department and tenance the Housing and Human Services Department on the low bid, meeting City specifications, of unit prices, f.o.b. Fort Worth as follows: A. Collins Mowing Service Item 1 $628.00 each maintenance Item 5 $901.00 each maintenance B. Emery Lawn Maintenance Co. Item 2 $217.70 each maintenance Item 4 $899.70 each maintenance Item 6 $392.60 each maintenance Item 7 $481.86 each maintenance C. Forest Hills Lawn Service Item 3 $270.00 each maintenance Item 9 $380.00 each maintenance Minutes of City Council 0-3 Page 232 233 TUESDAY, FEBRUARY 27. 1990 M&C P-4076 cont. D. Davis Maintenance Co. Item 8 $160.00 each maintenance Item 10 $ 75.00 each maintenance Item 11 $245.00 each maintenance 2. These agreements to become effective March 1, 1990 and end February 28, 1991, or first option for renewal is authorized. M&C P-4076 adopted It was the consensus of the City Council that the recommendations be adopted. M&C L-10043 re There was presented Mayor and Council Communication No. L-10043 from the City acquisition of Manager recommending that the City pay a total consideration of $1,000.00 for a land rectangularly -shaped parcel of land nine feet in depth out of the front of Lots 19 and 20, Block 1, Graves and McDaniel Subdivision of Block 8, Evans South Addition, as recorded in Volume 3571, Page 288, Deed Records, Tarrant County, Texas; same being on the south side of the existing Oleander Street and extending 40 feet in length; located at 968 East Oleander Street; owned by Lydia C. Skillern, Edward E. Collins, Jr., and Yvonne C. Livingston; and required for reconstruction of Oleander Street from Evans Avenue to Mansfield. It was the consensus of the City Council that the land be acquired as recommended and that the expenditure be charged to Street Improvements Fund 67, Project No. 040130-00, Index Code 699884. M&C L-10044 re There was presented Mayor and Council Communication No. L-10044 from the City acquisition of Manager, as follows: permanent easement SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS (6 TRANSACTIONS) RECOMMENDATION: It is recommended that approval be given for the acquisition of the land and/or easements described below: 1. Project Name: Sanitary Sewer Rehabilitation Project, Lateral 2250 Type of Acquisition: Dedication - Permanent Easement Description of Land: A rectangularly shaped strip of land out of Lot 9, Block 8, Masonic Home Addition, Second Filing, as recorded in Volume 7308, Page 2301, Deed Records, Tarrant County, Texas. This strip of land is 5.0 feet in depth and 100.00 feet in length and lies parallel to, contiguous with and within the north property line, required for a permanent easement. Square Feet: 500.0 Zoning: "A" Parcel No.: 23 Consideration: $1.00 Location: 3329 Montague St. Owner: Margie S. Horton 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 2. Project Name: Sanitary Sewer Rehabilitation Project, Lateral 2250 Type of Acquisition: Dedication - Permanent Easement Description of Land: A rectangularly shaped strip of land out of the west of Lot 8, Block 8, Masonic Home Addition, Second Filing, as recorded in Volume 2882, Page 550, Deed Records, Tarrant County, Texas. This strip of land is 5.0 feet in depth and 50.0 feet in length and lies parallel to, contiguous with and within the north property line, required for a permanent easement. Square Feet: 250.0 Zoning: "A" Parcel No.: 21 Consideration: $1.00 Location: 3333 Montague St. Owner: Margie S. Horton 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 Minutes of City Council 0-3 Page 233 TUESDAY, FEBRUARY 27, 1990 M&C L-10044 cont. 3. Project Name: Sanitary Sewer Rehabilitation Project, Lateral 2250 Type of Acquisition: Dedication - Permanent Easement Description of Land: A rectangularly shaped strip of land out of Lot 2, Block 8, Masonic Home Addition, Second Filing, as recorded in Volume 7961, Page 1581, Deed Records, Tarrant County, Texas. This strip of land is 10.0 feet in depth and 50.0 feet in length and lies parallel to, contiguous with and within the south property line, required for a permanent easement. Square Feet: 500.0 Zoning: "A" Parcel No.: .17 Consideration: $1.00 Location: 3304 Grayson St. Owner: Barney J. Robinson 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 4. Project Name: Sanitary Sewer Rehabilitation Project, Lateral 2250 Type of Acquisition: Dedication - Permanent Easement Descri tion of Land: A rectangularly shaped strip of land out of the east 2 of Lot 8, Block 8, Masonic Home Addition, Second Filing, as recorded in Volume 7078, Page 1885, Deed Records, Tarrant County, Texas. This strip of land is 5.0 feet in depth and 50.0 feet in length and lies contiguous to, parallel with and within the north property line, required for a permanent easement. Square Feet: 250.0 Parcel No.: 22 Consideration: $1.00 Location: 3335 Montague St. Zoning: "A" Owner: Roger L. West and wife, Nancy West 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 5. Project Name: Sanitary Sewer Rehabilitation Project, Lateral 2250 Type of Acquisition: Dedication - Permanent Easement Description of Land:. A rectangularly shaped strip of land out of Lot 4, Block 9, Masonic Home Addition, Second Filing, as recorded in Volume 9048, Page 673, Deed Records, Tarrant County, Texas. This strip of land is 10.0 feet in depth and 100.0 feet in length and lies parallel to, contiguous with and within the south property line, required for a permanent easement. Square Feet: 1,000.0 Parcel No.: 5 Consideration: $1.00 Location: 3224 Grayson St. Zoning: "A" Owner: Luciano Haros and Heriberto Haros 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 Name: Sanitary Sewer Rehabilitation Project, Lateral 2250 Minutes of City Council 0-3 Page 234 235 TUESDAY, FEBRUARY 27, 1990 &C L-10044 cont. 11 Type of Acquisition: Dedication - Permanent Easement Description of Land: A rectangularly shaped strip of land out of Lot 5, Block 9, Masonic Home Addition, Second Filing, as recorded in Volume 9048, Page 675, Deed Records, Tarrant County, Texas. This strip of land is 10.0 feet in depth and 100.0 feet in length and lies parallel to, contiguous with and within the south property line, required for a permanent easement. Square Feet: 1,000.0 Zoning: "A" Parcel No.: 6 Consideration: $1.00 Location: 3238 Grayson St. Owner: Luciano Haros and Heriberto Haros 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. r. Ben F. Robinson e M &C PZ -1574 F.Mr. Ben F. Robinson, President of the Westcliff Neighborhood Association, appeared before the City Council and requested that the 32 -foot minimum buffer on the north section of the site plan be reinstated, that all lighted or non -lighted blue awnings on the Blockbuster -Video Store be removed, and substituting in lieu thereof a two -foot high back -lit single sign for Blockbusters Video on the north/northeast side of the building. r. Jim Dunaway re Mr. Jim Dunaway, Consultant representing the applicant of Overton Park Plaza, &C PZ -1574 appeared before the City Council and requested that City Council give favorable consideration to the adopted revised site plan for property located in Overton West Addition. Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that the recommendation be adopted, as amended, by reinstating a 32 -foot minimum buffer on the north section of the site plan, removing all lighted or non -lighted blue awnings on the Blockbuster -Video Store, and substituting in lieu thereof a two -foot high back -lit single sign for Blockbuster Video on the north/northeast side of the building. When the motion was put to a vote by the Mayor,.it prevailed unanimously. &C C-12179 re ontract for pro- There was presented Mayor and Council Communication No. C-12179 from the City essional services Manager stating that, in June 1988, expansion of parking lots and a new entry road to the Botanic Garden Center were completed; that, due to concerns over funding and scheduling, lighting was not included in the original construction, although provisions were made to add future lighting; that this project will provide construction documents for lighting of the roads and parking areas around the Botanic Garden Center, Conservatory and Lecture Hall complex; that the firm of Clarence Wadkins and Associates, in association with Nathaniel Haggerty, Electrical Engineer, has been selected to provide architectural and engineering services for this project for a fee of $6,000.00; that funds are available in Street Improvements Fund 67, Project No. 037901-00, and Street Improvements Fund 67, Project No. 037140-00, Index Code 630335; and recommending that the City Manager be authorized to execute a contract for professional services with Clarence Wadkins and Associates in the amount of $6,000.00 for design of exterior lighting at the Botanic Garden and to execute a bond fund transfer in the amount of $12,500.00 from Fund 67, Project No. 037901-00, Unspecified Park Drive, to Fund 67, Project No. 037140-00, Botanic Garden Lights. It was the consensus of the City Council that the recommendations be adopted. &C C-12180 re ontract with There was presented Mayor and Council Communication No. C-12180 from the City .L. James & Manager, as follows: ompany SUBJECT: ALLIANCE AIRPORT, PHASE II CONSTRUCTION - CHANGE ORDERS 25 AND 26 (T.L. JAMES & CO.) Minutes of City Council 0-3 Page 235 Land Agent: Jerry Chalker &C L-10044 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. L-10044, be adopted. &C PZ -1574 re There was presented Mayor and Council Communication No. PZ -1574 from the City evised site plan Manager stating that Dunaway Associates, Incorporated, representative of The Koll "PD/SU" or property locate Company, has submitted a rezoning request (Z-89-028 and Z-89-066) for a Planned n Overton West Development/Specific Use, for the construction of a retail shopping center; that the ddition request was approved by the City Plan Commission on August 30, 1989, and by City Counil on October 10, 1989; that, subsequent to this approval, the applicant submitted the revised site plan which was approved by the City Plan Commission on January 24, 1990; that staff review of the proposed site plan has determined that all requirements set forth by the City Council in approving the zoning of the subject property and requirements of the Plan Commission have been met; and recommending that the City Council adopt a revised site plan for property located in Overton West Addition as approved by the Plan Commission. r. Ben F. Robinson e M &C PZ -1574 F.Mr. Ben F. Robinson, President of the Westcliff Neighborhood Association, appeared before the City Council and requested that the 32 -foot minimum buffer on the north section of the site plan be reinstated, that all lighted or non -lighted blue awnings on the Blockbuster -Video Store be removed, and substituting in lieu thereof a two -foot high back -lit single sign for Blockbusters Video on the north/northeast side of the building. r. Jim Dunaway re Mr. Jim Dunaway, Consultant representing the applicant of Overton Park Plaza, &C PZ -1574 appeared before the City Council and requested that City Council give favorable consideration to the adopted revised site plan for property located in Overton West Addition. Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that the recommendation be adopted, as amended, by reinstating a 32 -foot minimum buffer on the north section of the site plan, removing all lighted or non -lighted blue awnings on the Blockbuster -Video Store, and substituting in lieu thereof a two -foot high back -lit single sign for Blockbuster Video on the north/northeast side of the building. When the motion was put to a vote by the Mayor,.it prevailed unanimously. &C C-12179 re ontract for pro- There was presented Mayor and Council Communication No. C-12179 from the City essional services Manager stating that, in June 1988, expansion of parking lots and a new entry road to the Botanic Garden Center were completed; that, due to concerns over funding and scheduling, lighting was not included in the original construction, although provisions were made to add future lighting; that this project will provide construction documents for lighting of the roads and parking areas around the Botanic Garden Center, Conservatory and Lecture Hall complex; that the firm of Clarence Wadkins and Associates, in association with Nathaniel Haggerty, Electrical Engineer, has been selected to provide architectural and engineering services for this project for a fee of $6,000.00; that funds are available in Street Improvements Fund 67, Project No. 037901-00, and Street Improvements Fund 67, Project No. 037140-00, Index Code 630335; and recommending that the City Manager be authorized to execute a contract for professional services with Clarence Wadkins and Associates in the amount of $6,000.00 for design of exterior lighting at the Botanic Garden and to execute a bond fund transfer in the amount of $12,500.00 from Fund 67, Project No. 037901-00, Unspecified Park Drive, to Fund 67, Project No. 037140-00, Botanic Garden Lights. It was the consensus of the City Council that the recommendations be adopted. &C C-12180 re ontract with There was presented Mayor and Council Communication No. C-12180 from the City .L. James & Manager, as follows: ompany SUBJECT: ALLIANCE AIRPORT, PHASE II CONSTRUCTION - CHANGE ORDERS 25 AND 26 (T.L. JAMES & CO.) Minutes of City Council 0-3 Page 235 236 TUESDAY, FEBRUARY 27, 1990 &C C-12180 cont. 11RECOMMENDATION: .. It is recommended that the City Manager be authorized to execute Change Order No. 25 to. T.L. James & Company's contract for Alliance Airport, Phase II improvements in the amount of $126,682.28 providing for the revisions to the electrical vault and associated equipment, and Change Order No. 26 in the amount of $164,438.54 providing for revised Taxiway Guidance Signage, increasing the contract amount to $23,756,071.30. DISCUSSION• On October 25, 1989 (M&C C-11265), the City Council awarded a construction contract to T.L. James & Company for paving, lighting, and drainage improvements at Alliance Airport in the amount of $19,820,408.70. This contract has been subsequently amended by approved Change Orders 1 through 24 so that it currently stands at $23,464,950.48. PROPOSED CHANGE ORDER NO. 25: The electrical vault bid under the original construction plans was suitable for an 8200 ft. runway with a Category I instrument approach on the north end. However, major concept changes that lengthened the runway to 9600 ft. added an instrument approach on the south end, upgraded the main runway approach to Category III, and configured Taxiway B as an emergency runway called for redesign and rethinking the equipment scheme. The vault was increased in size by 60 percent, an automatic transfer switch was added for emergency power backup, and panels were extensively modified to handle additional circuits. Total cost for all of the additional electrical items is $126,682.28. PROPOSED CHANGE ORDER NO. 26: During the course of construction, it was determined that the taxiway guidance signs were inappropriate for the type of aircraft to be operated at Alliance Airport. A larger sign located further from the taxiway was substituted for the signs in the original contract. The total additional cost of these larger signs and the electrical connections required to operate them is $164,438.54. PROJECT COST: Original Contract Amount $19,820,408.70 Approved Change Orders No. 1 through 24 3,644,541.78 Proposed Change Order No. 25 126,682.28 Proposed Change Order No. 26 164,438.54 Proposed Contract Amount $23,756,071.30 Approval of proposed Change Orders No. 25 and 26, along with previously approved Change Orders, will amount to a 19.9% increase in the original contract amount. $19,228.00 from Water and Sewer Operating Fund 45, Account No. 70-90-20, to Sewer FINANCING: Both of the Change Orders above are for grant eligible items. Although -the total of existing grants has been exceeded, the Federal Aviation Administration has authority under Section 512 (b) (3) of the Airport and Airway Safety and Capacity Expansion Act of 1987 to increase existing grants up to 15 percent. They have indicated on numerous occasions their plans to amend the existing grants subject to the availability of funds. A letter dated September 8, 1989 from Jack Sasser, F.A.A. Deputy Regional Administrator, spells out the authority and the intention to consider amendments. Since the subject proposed Change Orders are within the limits of the amendment authority, the City would expect to be fully reimbursed for these expenditures. A receivable would be created to reflect this expectation. &C C-12180 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-12180, be adopted. &C C-12181 re There was presented Mayor and Council Communication No. C-12181 from the City mend contract with Manager stating that the City Council authorized execution of an engineering agreement eague Nall and on September 5, 1989, by Mayor and Council Communication No. C-11852, City Secretary erkins, Inc. Contract No. 17346, with Teague Nall and Perkins, Inc., to provide plans and specifications for Water and/or Sanitary Sewer Replacements in Biddison Street (Hemphill to I-35) and Ripy Street (Jones to Cole) for a total fee not to exceed $35,050.00; that, during review of the Teague Nall and Perkins study, it was determined that relocation and replacement of Sewer Main 96 would require a new location other than the existing narrow alleys and new easements would be required; that the engineer recommends replacement and relocation into Biddison Street; that additional design and surveying not originally anticipated will be required to complete the project; and recommending that the City Council authorize a fund transfer in the amount of $19,228.00 from Water and Sewer Operating Fund 45, Account No. 70-90-20, to Sewer Capital Improvement Fund 58, Project No. 022012-00, Sewer Replacement, Biddison Street Minutes of City Council 0-3 Page 236 237 TUESDAY. FEBRUARY 27. 1990 &C C-12181 cont. and Ripy Street; and authorize the City Manager to execute an amendment to City Secretary Contract No. 17346 with Teague Nall and Perkins, Inc., for engineering services relating to the Water and/or Sanitary Sewer Replacements in Biddison Street and Ripy Street, increasing the total maximum fee from $35,050.00 to $54,278.00. It was the consensus of the City Council that the recommendation be adopted. &C C-12182 re There was presented Mayor and Council Communication No. C-12182 from the City ontract with Manager submitting a tabulation of bids received for Water Main Replacement in Welch ri-Tech Construc- Avenue; and recommending that the City Council: ion, Inc. 1. Authorize a bond fund transfer in the amount of $146,887.00* from Special Assessments Fund 94, Project No. 009905-00, Special Assessments Unspecified to Street Improvements Fund 67, Project No. 017125-00, Water Main Replacement, Welch Avenue; *Includes 5% of bid amount for possible change orders as established by City Ordinance No. 10437. 2. Authorize a fund transfer in the amount of $10,000.00 from Water and Sewer Operating Fund 45, Account No. 60-90-20 to Water Capital Improvement Fund 53, Project No. 017125-00, Water Replacement, Welch Avenue (Inspection and Survey); and 3. Authorize the City Manager to execute a construction contract with Tri -Tech Construction, Inc., for Water Main Replacement in Welch Avenue based on its low bid of $139,891.50. &C C-12182 adopted It was the consensus of the City Council that the recommendations be adopted. &C C-12183 re ancel12183 with There was presented Mayor and Council Communication No. C-12183 from the City latioendal Place Corp. Manager stating that the City Manager was authorized on April 23, 1985, by Mayor and Council Communication No. C-8976 to enter into an agreement with Kendal Place Corporation for the installation of community facilities to serve Kendal Place; that, on May 15, 1985, Contract No. 14393 was executed by the City Manager; that the City received a request on February 2, 1990, from the developer, Kendal Place Corporation, to cancel the subject agreement; that City staff has reviewed the request and is in concurrence since the final plat was never recorded and no construction of community facilities were started; and recommending that: 1. The following bond fund transfers be approved: FROM TO AMOUNT REASON 30-032169-00 30-033901-00 $24,300.00 To cancel CFA #14393 Kendal Place Curb & Gutter and return funds to Unspecified unspecified account. 30-036864-00 30-036901-00 $65,192.00 To cancel CFA #14393 Kendal Place Streets in New and return funds to Additions unspecified account. Unspecified 30-036864-00 30-095901-00 $ 3,910.00 To cancel CFA #14393 Kendal Place Engineering and return funds to Unspecified unspecified account. 2. The City Council approve the cancellation of Community Facilities Agreement No. 14393 with the developer, Kendal Place Corporation. &C C-12183 adopted It was the consensus of the City Council that the recommendations be adopted. &C C-12184 re There was presented Mayor and Council Communication No. C-12184 from the City ontract with Texas Manager stating that the City Council on July 11, 1989, by Mayor and Council epartment of Communication No. C-11743 approved the Job Training Partnership Act Title IIA Plan for ommerce 1989 and authorized execution of a contract with Texas Department of Commerce in the amount of $5,567,810.00 for implementation of Title IIA Plan for the period beginning July 1, 1989, and ending June 30, 1990; that the Texas Department of Commerce issued on December 7, 1989, Job Training Partnership Act Policy Issuance No. 89-19 which instructed Service Delivery Areas to prepare and submit for approval formal plan amendments to the Title IIA Plan for 1989; and that the purpose of the amendment is to incorporate Program Year 1988 carry-over funds, incentive awards, and 1989 re -obligated funds as follows: 1989 Allocation $5,567,810 1988 Carry -Over 515,356 1988 Incentive 231,012 Re -Obligated Funds 120,000 Total $6,434,178 Revised Title IIA PY'89 Budget: Administration $ 855,466 Training $4,633,601 Services $ 945,111 Minutes of City Council 0-3 Page 237 238 TUESDAY, FEBRUARY 27, 1990 M&C C-12184 cont. It is recommended that the City Council authorize the City Manager to submit a revised M&C C-12186 re grant application, accept if offered, and negotiate an amendment to the Title IIA contract with Spee Program Year 1989 contract with Texas Department of Commerce, increasing the amount of Fab Crete Corp. the contract to $6,434,178.00 with application of indirect cost in accordance with the Int'1. City's Administrative Regulation 3-15 (at a rate of 00.00 percent which represents the most recent approved rate for the department). It was the consensus of the City Council that the recommendation be adopted. M&C C-12185 re contract with L.D There was presented Mayor and Council Communication No. C-12185 from the City Conatser Contract- Manager submitting a tabulation of bids received for construction of Water and Sanitary Sewer Replacement in Magnolia Avenue and for Magnolia Avenue Streetscape III, from 5th ors Avenue to 8th Avenue; and recommending that the City Council: 1. Authorize a bond fund transfer in the amount of $129,087.00* from Special Assessments Fund 94, Project No. 009905-00, Special Assessments Unspecified to Street Improvements Fund 67, Project No. 017135-00, Water Main Replacement, Magnolia Avenue; *Includes 5% of bid amount for possible change orders, as established by City Ordinance No. 10437. 2. Authorize a fund transfer in the amount of $10,913.00 from Water and Sewer Operating Fund 45, Account No. 60-90-20, to Water Capital Improvement Fund 53, Project No. 017135-00, Water Replacement, Magnolia Avenue (Inspection and Survey); 3. Authorize a fund transfer in the amount of $124,000.00** from Water and Sewer Operating Fund 45, Account No. 70-90-20, to Sewer Capital Improvement Fund 58, Project No. 017093-00, Sewer Replacement in Magnolia Avenue; **Includes $6,000.00 for possible change orders, as established by City Ordinance No. 10437, and funds for inspection and administration of the project. 4. Authorize the City Manager to execute a construction contract with L.D. Conatser Contractors for construction of Water and Sanitary Sewer Replacement in Magnolia Avenue, based on its low responsive bid of $229,783.00; and 5. Authorize the City Manager to execute a contract with Architectural Utilities, Inc., for Magnolia Avenue Streetscape III, from 5th Avenue to 8th Avenue, in the amount of $469,311.72 and 72 working days. M&C C-12185 adopte It was the consensus of the City Council that the recommendations be adopted. M&C C-12186 re There was presented Mayor and Council Communication No. C-12186 from the City contract with Spee Manager submitting a tabulation of bids received for construction of the addition to Fab Crete Corp. the Southside Police Sector Headquarters; stating that funds are available in Public Int'1. Safety Fund 07, Project No. 011300-00, Index Code 616201; and recommending that the City Manager be authorized to execute a contract with Speed Fab Crete Corp. Int'l. for construction of the additional to the Southside Police Sector Headquarters in the amount of $328,847.00. Council Member Chappell requested permission to abstain from voting on Mayor and Council Communication No. C-12186 inasmuch as that he represents Speed Fab -Crete Corp. Int'l. of Fort Worth. Council Member Garrison made a motion, seconded by Mayor Pro tempore Gilley, that Council Member Chappell be permitted to abstain from voting on Mayor and Council Communication No. C-12186. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Zapata made a motion, seconded by Mayor Pro tempore Gilley, that the recommendation, as contained in Mayor and Council Communication No. C-12186, 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 M&C C-12187 re I There was presented Mayor and Council Communication No. C-12187 contract with ]Eras I Manager submitting a tabulation of bids received for eight -inch water main Oopatterntontract- and reconstruction of Tanney Hill Lane from Ramey Avenue to Vel Drive; and 0135muni ty Affairs that the City Council: Minutes of City Council 0-3 Page 238 from the City replacement recommending 239 TUESDAY, FEBRUARY 27, 1990 M&C C-12187 cont. 1. Authorize a bond fund transfer in the amount of $18,452.00* from Special Assessments Fund 94, Project No. 009905-00, Special Assessments Unspecified to Street Improvements Fund 67, Project No. 017137-00, Water Main Replacement in Tanney Hill Lane; 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. 017137-00, Water Main Replacement in Tanney Hill Lane (Inspection and Survey); 3. Authorize the City Manager to execute a construction contract with L.D. Conatser Contractors for 8 -Inch Water Main Replacement in Tanney Hill Lane, based on its low bid of $16,775.00; *Includes 10% for possible change orders, as established by City Ordinance No. 10437. 4. Authorize the City Manager to approve the following bond fund transfer: FROM TO AMOUNT REASON 67-040901-00 67-040180-00 $102,750.50 To provide funds Inner City Streets Tanney Hill Lane, for construction Unspecified Ramey to Vel plus change orders. 5. Authorize the City Manager to execute a contract with L.D. Conatser Contractors, in the amount of $96,750.50 and 36 working days for Reconstruction of Tanney Hill Lane from Vel Drive to Ramey Avenue. M&C C-12187 adopted It was the consensus of the City Council that the recommendations be adopted. M&C C-12188 re There was presented Mayor and Council Communication No. C-12188 from the City contract with Manager submitting a proposal for a grant from the Texas Department of Community Texas Department Affairs for an Emergency Community Services for Homeless Program Funds for the of community expansion of comprehensive services to homeless individuals which will enable these Affairs individuals to make the transition out of poverty, the provision of assistance in obtaining social and maintenance services and income support services for homeless individuals, and the promotion of private sector and other assistance to homeless individuals; stating that the Emergency Community Services Program funds will be used to pay 20 percent of the salary of an existing Housing and Human Services staff person to implement a Shared Housing for the Homeless Program, to provide funds for the payment of the first month's rent/security deposit for homeless families/individuals who are employed and transitioning back to an independent lifestyle at a City multi-purpose center, to pay 30 percent of the salary of one existing Housing and Human Services staff person, and to provide fund through the NRDP located at four multi-purpose centers for financial assistance to families facing foreclosure, eviction, or termination of utilities; and recommending that the City Council authorize the City Manager to: 1. Execute a grant contract with Texas Department of Community Affairs for Fiscal Year 1990 Emergency Community Services for the Homeless Program Funds, in the amount of $39,118.00; 2. Authorize the Accounting Division of the Finance Department, subject to funding approval and the City Manager's acceptance of the grant, to establish the grant project account in the City of Fort Worth's financial accounting system upon receipt of an executed contract; 3. Apply indirect cost rates in accordance with the City's Administrative Regulation 3-15 (apply the 1988 rate of 20.45 percent which represents the most recent approved rate for this department); 4. Accept such additional funds from the Texas Department of Community Affairs for this grant as may become available; and 5. Execute a contract with the TDCA for the receipt of the funds for the period from March 1, 1990, to February 28, 1991. M&C C-12188 adopted It was the consensus of the City Council that the recommendations be adopted. M&C C-12189 re additional funds There was presented Mayor and Council Communication No. C-12189 from the City for the Home Im-..__ for then Manager stating that a check was received from SAFECO Title of Tarrant County on pro Loan Pro- December 4, 1989, in the amount of $30,874.95 to pay off a loan for purchase of property which had been made to the Association for Retarded Citizens on June 1, 1982, gram for the original amount of $50,067.99; that the loan balance has been reduced to $30,874.95 and it is available in Revolving Loan Account plus other available balance; that a total of $60,879.03 is available for reallocation; that, in order to continue the Emergency Repair Program until the end of CDBG Program year, additional funds are needed; that the Emergency Repair Loan Program is a component of the Home Improvement Loan Program which operates in conjunction with First Gibraltar Bank, f.s.b., which acts as the loan servicing agency; and recommending that the City Council approve the use of an additional $60,879.03 of Community Development Block Grant funds for the Home Improvement Loan Program; authorize the City Manager to transfer $60,879.03 from C.D. Revolving Loan Fund No. 91, Project No. 206066-00 to Grant Fund No. 76, Project Minutes of City Council 0-3 Page 239 240 TUESDAY, FEBRUARY 27, 1990 M&C C-12189 cont. No. 206086-17, HIL program; and authorize the City Manager to execute an amendment to City Secretary Contract No. 17255, with First Gibraltar Bank, f.s.b., to allow the deposit of $60,879.03 to operate the Home Improvement Loan Program. Council Member Garrison declared a conflict of interest and stated he will not vote on Mayor and Council Communication No. C-12189. Council Member Chappell made a motion, seconded by Council Member Zapata, that the recommendations, as contained in Mayor and Council Communication No. C-12189, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Granger, McCray, Webber, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Garrison M&C C-12190 re There was presented Mayor and Council Communication No. C-12190 from the City lease with Will C. Manager stating that the Park and Recreation Department leases the space at University Miller III Plaza; proposing to increase the amount of leased office space by 850 square feet for an amount not to exceed $2,566.00 for seven months with funds available in General Fund 01, Account No. 80-10-00, Index Code 300491; and recommending that the City Manager be authorized to execute an amendment to the lease with Will C. Miller III, Trustee, for University Plaza, 100 North University Drive. It was the consensus of the City Council that the recommendation be adopted. M&C C-12191 re There was presented Mayor and Council Communication No. C-12191 from the City release of partial Manager, as follows: retainage SUBJECT: THIRD PARTIAL RELEASE OF RETAINAGE FOR THE WILL ROGERS COMPLEX - BUILDING B (SPAW-GLASS CONSTRUCTION, INC.) RECOMMENDATION: It is recommended that the City Council partial retainage for the portion of Equestrian and Livestock Facility Building B, City Secretary Contract No. Inc., in the amount of $20,408.00. - DTSCUSSION: authorize the City Manager to release the project for the Multi -Purpose at the Will Rogers Complex known as 15502, to Spaw-Glass Construction, Work on the Multi -Purpose Equestrian and Livestock Facility at the Will Rogers Complex began as scheduled on February 12, 1987. On January 19, 1988, the City Council authorized a partial release of retainage for the Burnett Building in the amount of $282,682.00. On June 14, 1988, the City Council authorized a partial release of retainage for the Parking Structure in the amount of $81,617.00. On August 30, 1988, the City Council authorized a partial release of retainage for Building B in the amount of $151,317.00. On February 21, 1989, the City Council authorized a second partial release of retainage for Building B in the amount of $281,408.00. The contractor, Spaw-Glass Construction, Inc., has requested a third partial release of contract retainage for that portion of the project known as Building B in the amount of $20,408.00. A consent of surety has been submitted in the amount of $20,408.00 for that portion of the project known as Building B. The architect, Hahnfeld & Associates, Inc., has recommended to City staff that release of retainage in this amount is fair and reasonable. After this release of retainage, there will be $95,374.95 remaining in the Contract Retainage account, which sum is sufficient to complete the project. PROJECT COST: Original Bid Price: Approved Change Orders (7): Contract Price To -Date: Partial Payments Made To -Date (21): Contract Price Related to Construction of Building B: Partial Payments made to -date for Construction of Building B (Inc. Retainage Releases). Total Retainage Released To -Date: Recommended Amount to be Released, From Retainage: Amount Remaining in Contract Retainage Account after this payment: Minutes of City Council 0-3 Page 240 $17,592,200.00 $ 466,804.00 $18,059,004.00 $18,029,004.00 $ 9,704,155.00 $ 9,618,606.05 $ 797,024.00 $ 20,408.00 $ 95,374.95 241 TUESDAY, FEBRUARY 27, 1990 M&C C-12191 cont. FINANCING: Sufficient funds are available in the Will Rogers Improvement Fund 66, Retainage Subsidiary No. 205-015502 in the amount of $20,408.00 in order to make this partial final payment. M&C C-12191 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-12191, be adopted. M&C C-12192 re fontract from There was presented Mayor and Council Communication No. C-12192 from the City Johnson Controls, Manager stating that a contract was authorized on January 23, 1990, by Mayor and Inc. to Johnson Council Communication No. C-12118 with Johnson Control Systems, Inc., for the Yokogowa Corp. Distributed Process Control and Information System Upgrade (Phase I); that Johnson Control Systems, Inc., requests consent to assign the contract to Johnson Yokogowa Corporation; that Johnson Controls, Inc., has provided a guarantee of performance by Johnson Yokogowa; that no funding is required; and recommending that the City Council consent to the assignment of contract from Johnson Controls, Inc., to Johnson Yokogowa Corporation for furnishing and installing the Distributed Process Control and Information System Upgrade (Phase I) at the Village Creek Wastewater Treatment Plant. It was the consensus of the City Council that the recommendation be adopted. M&C C-12193 re There was presented Mayor and Council Communication No. C-12193 from the City lease renewal with Manager stating that, under City Secretary Contract No. 16743, Dobbs Houses, Inc., Dobbs Houses, Inc. operates the restaurant and cocktail bar in the Meacham Airport Terminal Building; that the lease will expire on January 31, 1990, and the tenant seeks to renew the agreement for one additional year; that, when the former operator closed the restaurant two years ago without advance notice, Dobbs Houses made a proposal to convert the facility to a similar operation as those at other major airports including Dallas/Fort Worth Airport and Love Field; that extensive remodeling costs and personnel hours were required to place the facility back into operation as soon as possible; that no complaints regarding food quality or service have been received; that rentals of $500.00 per month have been received promptly; that Dobbs is willing to continue the management for another year with the hope that air carrier service will begin and some of the initial start-up costs can be recovered; and recommending that the City Manager be authorized to enter into a lease renewal with Dobbs Houses, Inc., for operation of the Meacham Airport Terminal restaurant and cocktail bar. It was the consensus of the City Council that the recommendation be adopted. Mr. Jim Sailer re open Saileatios Mr. Jim Sailer, President of Boys and Girls Club of Greater Fort Worth, appeared tation before the City Council and extended an invitation to the Mayor, City Council, City Manager, and City Attorney to attend an open house. M&C C-12195 re There was presented Mayor and Council Communication No. C-12195 from the City Golf Course Manage Manager, as follows: ment and License Agreement SUBJECT: MANAGEMENT OF THE MUNICIPAL GOLF COURSES RECOMMENDATION: It is recommended that the City Council: 1. Approve a Golf Course Management and License Agreement with American Golf Corporation (AGC) to manage the City's Z. Boaz Golf Course; 2. Approve a Golf Course Management and License Agreement with International Golf of Texas (IGT) to manage the City's Rockwood Golf Course; and 3. Authorize the City Manager to execute the approved license agreements. DISCUSSION: On March 7, 1989, the City Council approved M&C G-7953 authorizing the City staff to prepare and issue a Request for Proposals (RFP) for the management of Sycamore, Rockwood, and Z. Boaz Golf courses. In response to the RFP, the City received proposals from Country Clubs of American, American Golf Corporation, International Golf of Texas, and the City's Park and Recreation Department. After lengthy discussions and considering several alternatives, the City Council Golf Committee requested the staff to formalize the terms of the proposals and include them in draft contracts with American Golf Corporation and International Golf of Texas to manage Z. Boaz and Rockwood Golf Courses respectively. The committee further requested that the Park and Recreation Department develop a detailed Capital Improvement Program proposal outlining improvements to and the management of all the City's golf courses. The terms of the proposed contracts with AGC and IGT are summarized in attachments "A" and "B". A comparison of the financial impact on the Golf Enterprise Fund was made for two options. Option I includes the management of all the municipal golf courses by the Park and Recreation Department. Under Option II, Z. Boaz and Rockwood golf courses would be managed by AGC and IGT and the Park and Recreation Department would manage the remaining golf course. The comparison of these two options shows that Option II would generate $699,511 more than Option I in excess revenues over expenditures during the next six years for Minutes of City Council 0-3 Page 241 242 TUESDAY, FEBRUARY 27, 1990 M&C C-12195 cont. the Golf Enterprise Fund. Further, Option II would reduce the total debt service to the Fund by $3,740,550 as compared to Option I. Option II would also provide for the addition of nine holes at the Rockwood Golf course. Based on the comparison of the financial impact on the Golf Enterprise Fund by both options, staff recommends that Option II be considered. Because the playing season is about to begin, staff recommends that if the agreements are approved, that the effective date of the agreements be October 1, 1990. This will allow for a smooth transition of the management of the golf courses. Mr. Randy Gideon Mr. Randy Gideon, 1500 Ballinger, appeared before the City Council and requested re M&C C-12195 that City Council give favorable consideration to the proposed recommendation for the management of the Municipal Golf Courses. Mr. Stan Hall re Mr. Stan Hall, Vice President of International Golf of Texas, appeared before the M&C C-12195 City Council and requested that City Council give favorable consideration to the C-12195 private management and license agreement for Rockwood Golf Course. Mr. Kermit Alexan- Mr. Kermit Alexander, Vice President of International Golf of Texas, appeared der re M&C, C-12195 before the City Council and requested that City Council give favorable consideration to C-12195 the recommendation for private management of the Municipal Golf Courses and advised opposition to the privatization of Council that the green fees now in effect will remain the same. Mr. J.D. Willi ams Mr. J .D D. Williams, 7236 Ellis Road, appeared before the City Council and requested re M&C C-12195 that the City Council give favorable consideration to the privatization of the Mr. municipal golf courses. Mrs. C.B..Mauldin Mrs. C.B. Mauldin, 2428 Annglen Drive, appeared before the City Council and re M&C C-12195 requested that the City Council give favorable consideration to the privatization of the municipal golf courses. Mr. Jim Duffin re Mr. Jim Duffin, President of International Golf of Texas, appeared before the City M&C C-12195 Council and advised the City Council of the improvements to be made to the Rockwood re Golf Course and facilities and stated that the green fees now in effect will remain the golfers of the Cottonwood Senior League Golfers in Waco, appeared before the City same, and that he is willing to put up a performance bond for the management of Rockwood Golf Course. Mr. Glen Hewitt re Mr. Glen Hewitt, 1200 Castle Gardens, appeared before the City Council and M&C C-12195 requested that City Council give favorable consideration to the proposed private management of municipal golf courses by American Golf Corporation and International Golf of Texas. Mr. Phil Doss re Mr. Phil Doss, 5509 Wedgmont Circle, appeared before the City Council and advised M&C C-12195 the City Council he is in favor of privatization. Mr. Tim Scott re Mr. Tim Scott, 1013 Roaring Springs Road, appeared before the City Council and M&C C-12195 requested that City Council give favorable consideration to the leasing of Z Boaz Golf opposition to the privatization of municipal golf courses and presented Course and presented the results of a survey in support of privatization of the golf 1 petitions in opposition to the privatization of courses. Mr. Ken James re Mr. Ken James, Vice President of American Golf Corporation, appeared before the M&C C-12195 City Council and requested that City Council give favorable consideration to the management and license agreement of City's Z Boaz Golf Course. Mr. Bob Cunningham Mr. Bob Cunningham, Route 1, Box 540, Waco, Texas, representing approximately 100 re M&C C-12195 golfers of the Cottonwood Senior League Golfers in Waco, appeared before the City Council and expressed support and appreciation to the American Golf Corporation. Mrs. Rosemary Mrs. Rosemary Koppel, 7913 Daystar Drive, appeared before the City Council and Koppel re M&C, C-12 requested that the City Council give favorable consideration to the recommendation for C-12195 management of municipal golf course by American Golf Corporation. Mr. James Harris r Mr. James Harris, 3813 Sunnydale Drive, appeared before the City Council and M&C, C-12195 expressed support of American Golf Corporation's managing Z Boaz Golf Course. Mr. Eddie Humphrey Mr. Eddie Humphrey, 100 East Mason Street, appeared before the City Council and re M&C C-12195 expressed opposition to the privatization of municipal golf courses. Mr. Oran McMichael Mr. Oran McMichael, 100 East Mason, appeared before the City Council and expressed re M&C C-12195 opposition to the leasing of Municipal Golf Courses to the private sector. Mr. Frank Black- II Mr. Frank Blackstone, 2101 Terbet Lane, appeared before the City Council and stone re M&C C-121 5expressed opposition to the management of golf courses by outside contractors. Mr. H. Glen Brad- Mr. H. Glen Bradbury, 3825 Clayton Road West, appeared before the City Council and bury re M&C C-12195 expressed opposition to the privatization of municipal golf courses and presented 1 petitions in opposition to the privatization of the golf courses. Mr. Timothy Stewar# Mr. Timothy Stewart, 6209 Vel Drive, appeared before the City Council and re M&C C-12195 II expressed opposition to the privatization of municipal golf courses. Minutes of City Council 0-3 Page 242 243 TUESDAY, FEBRUARY 27. 1990 Ms. Anne Smith re Ms. Ann Smith, 6116 Ridgeway, appeared before the City Council and expressed M&C C-12195 opposition to the proposed management of municipal golf courses by private entities. Council Member Garrison made a motion, seconded by Mayor Pro tempore Gilley, that the recommendations, as contained in Mayor and Council Communication No. C-12195, be approved. Mr. Ramon Guajardo Mr. Ramon Guajardo, Assistant City Manager, appeared before the City Council and re M&C C-12195 advised the City Council that the October 1, 1990, effective date was chosen to permit an orderly transfer of management of the golf courses. Mayor Pro tempore Gilley requested that the motion be amended to provide that the effective date be removed from Mayor and Council Communication No. C-12195 and that that be a part of the negotiations that will continue between staff and the private contractors. Mr. Jim Duffin and Messrs. Jim Duffin and Ken James appeared before the City Council and advised the Ken James re M&C City Council that they will adhere to the City of Fort Worth's minority business C-12195 enterprise policies. When the motion, that Mayor and Council Communication No. C-12195, be approved, as amended, subject to the conditions that the effective dates of the proposed contract be deleted and will be replaced by dates mutually acceptable to the City Manager and the companies; and that the proposed contract be presented to City Council for review before they are signed by the City Manager, 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, and Chappell NOES: Council Members McCray and Webber ABSENT: None M&C C-12196 re There was presented Mayor and Council Communication No. C-12196 from the City agreement with Manager stating that the entrance to the Southeast Landfill, owned and operated by the the City of Kenne- City of Fort Worth, is along Dick Price Road; that Dick Price Road is within the dale jurisdiction of the City of Kennedale; that the City of Kennedale adopted Ordinance Nos. 88-3 and 88-7 in June 1988 regulating vehicular traffic along and upon Dick Price Road; that staff has negotiated an agreement with the City of Kennedale permitting vehicles owned and operated by the City of Fort Worth, together with vehicles owned and operated by independent contractors of the City of Fort Worth, to operate along and upon Dick Price Road; stating that funds are available in Solid Waste Fund 64, Account' No. 21-10-04, Index Code 237685; and recommending that the City Manager be authorized to execute an agreement with the City of Kennedale authorizing the use of Dick Price Road by City -owned vehicles and vehicles owned by independent contractors of the City of Fort Worth. On motion of Mayor Pro tempore Gilley, seconded by Council Member Zapata, the recommendation was adopted. M&C C-12197 re lease of 14,341 There was presented Mayor and Council Communication No. C-12197 from the City square feet Manager stating that the Police Department is in need of office space for Special Operations Division; that Ridglea Realty Investors, Ltd., has a property at 3341-3343-3345 Winthrop which has 14,341 square feet of office space and approximately 125 parking spaces; that the rental would be the total taxes, insurance, and management fee due annually; that the lease would be for three years renewable for an additional three years for a total of $16,871,81; that the check should be made payable to Huff, Brous, McDowell, and Montesi; stating that funds are available in Fund 72, Project No. 535000-00; and recommending that the City Council authorize the leasing of 14,341 square feet of office space in the property comprising Section C, 8, a portion of A, and a portion of 3, of the Luther Quadrangle Addition to the City of Fort Worth aka 3341-3343-3345 Winthrop from Ridglea Realty Investors, Ltd., for a total annual lease payment of $16,871.81. It was the consensus of the City Council that the recommendation be adopted. M&C C-12198 re approved change There was presented Mayor and Council Communication No. C-12198 from the City order No. 2 with Manager, as follows: Irri-Tech Corpora- tion SUBJECT: PROPOSED CHANGE ORDER NO. 2 FOR NINE HOLE IRRIGATION INSTALLATION AT MEADOWBROOK GOLF COURSE RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Approve proposed Change Order No. 2 to City Secretary Contract No. 17441 with Irri-Tech Corp. in the amount of $354.61, which increases the contract price to $172,804.56; and 2. Contract time shall remain at 53 Working Days. DISCUSSION: On October 10, 1989 (M&C C-11916), the City Council authorized the City Manager to execute a contract (Contract No. 17441) with Irri-Tech Corp. for Minutes of City Council 0-3 Page 243 TUESDAY, FEBRUARY 27, 1990 M&C C-12198 cont. the installation of an irrigation system for nine holes at Meadowbrook Golf Course. The original contract price was $167,510.00. Project Change Order No. 1 was for additional irrigation pipe and accessories required to install the system properly. This additional work was predicated on the fact that some existing pipe and accessories were originally deemed suitable for use, but after excavation it was found that the mentioned items were unsuitable for use and required replacement to insure the integrity of the irrigation design. The change order added $4,939.95 and 3 additional working days to the contract. Change Order No. 1 was approved administratively. PROPOSED CHANGE ORDER NO. 2: After discussions with the contractor and golf course maintenance personnel, the following change is proposed: 1. Remove existing 6 -inch gate valve and replace with new 6 -inch gate valve and valve box. The existing gate valve is not adaptable for installation to PVC pipe. The proposed gate valve is compatible with pipe material used for installation at the site. Additional Cost: $354.61 FINANCING: Original Contract Price $167,510.00 Change Order No. 1 4,939.95 Proposed Change Order No. 2 354.61 Proposed Revised Contract Price $172,804.56 Sufficient funds are available in Golf Course Fund 39, Account No. 80-43-10, Meadowbrook Golf Course Greens Maintenance. Administrative costs will be charged to Account No. 80-40-05, Golf Course Management. Expenditures will be charged to Index Codes 313957 and 317362, respectively. M&C C-12198 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12198, be adopted. M&C C-12199 re There was presented Mayor and Council Communication No. C-12199 from the City deed of dedication Manager, as follows: for water storage SUBJECT: APPROVAL AND ACCEPTANCE OF DEED OF DEDICATION FOR WATER STORAGE, DEED OF DEDICATION FOR HERITAGE PARKWAY AND FLOODPLAIN EASEMENT AGREEMENT - ALLIANCE AIRPORT, LTD. RECOMMENDATION: It is recommended that the City Council approve and accept the below described documents dealing with the dedication of land to be used for a roadway, for the flow and drainage of water in and through Henrietta Creek and for water storage, and a floodplain easement. BACKGROUND: Alliance Airport, Ltd., a Texas limited partnership, desires to dedicate to the City of Fort Worth certain property (as described below) in the area of Alliance Airport. 1. Dedication Deed for Heritage Parkway. The land to be dedicated to the City is for the purpose of building Heritage Parkway, a major access road to Alliance Airport. The Dedication Deed contains a Right of Reverter, whereby the property would revert to Alliance Airport, Ltd., in the event the City fails, for a period of two years, to use the property as a roadway. In the event of reversion, any utilities, public or private, would be permitted to remain, and further, the City and any public utility would continue to have the right to install facilities within the right-of-way. Alliance Airport, Ltd., has reserved mineral rights, the right to install landscaping and irrigation, and the right to cross over and under the right-of-way. 2. Dedication Deed for Henrietta Creek. The land to be dedicated to the City is to be used exclusively for the flow and drainage of water in and through Henrietta Creek and for water storage. Alliance Airport, Ltd., has reserved the right to withdraw water for irrigation purposes, to add and impound water, to install landscaping and irrigation facilities, and mineral rights. 3. Alliance Airport, Ltd., also desires to execute a Floodplain Easement Agreement with the City for the purpose of allowing storm water drainage Minutes of City Council 0-3 Page 244 245 TUESDAY. FEBRUARY 27. 1990 M&C C-12199 cont. and water runoff running in and through Henrietta Creek to overflow onto the Easement Tract. M&C C-12199 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-12199, be adopted. M&C FP -2659 re There was presented Mayor and Council Communication No. FP -2659 from the City contract for Manager stating that Supervisory Control and Data Acquisition System, Contract I'has Supervisory Control been completed in accordance with plans and specifications under Contract No. 15772 and Data Acquisi- awarded to HSQ Technology on May 19, 1987; and recommending that the City Council tion System accept as complete the contract for Supervisory Control and Data Acquisition System, Contract I and authorize final payment in the amount of $33,353.87 to HSQ Technology with funds available in Water Capital Improvement Fund 09, Retainage Account No. 205-015772, and Contract Encumbrance No. 15772A, Index Codes 000091 and 653527, respectively. It was the consensus of the City Council that the recommendations be adopted.. M&C FP -2660 re contract for six- There was presented Mayor and Council Communication No. FP -2660 from the City water Manager stating that the contract for six-inch water main replacement in Belmont Avenue inch water main inch et from Northwest 18th Street to Northwest 19th Street has been completed in accordance replwith plans and specifications under Contract No. 17463 awarded to J.D. Vickers, Inc., on November 7, 1989; and recommending that the City Council accept as complete the contract for the six-inch water main replacement in Belmont Avenue from Northwest 18th Street to Northwest 19th Street and authorize final payment in the amount of $6,479.29 to J.D. Vickers, Inc., with funds available in Street Improvements Fund 67, Retainage No. 205-017463, Contract Encumbrance No. 17463A, Index Codes 000679 and 630335. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2661 re There was presented Mayor and Council Communication No. FP -2661 from the City contract for water Manager stating that water main replacements in Weiler Boulevard and Danciger Road have main replacement been completed in accordance with plans and specifications under Contract No. 17147 awarded to Architectural Utilities, Inc., on June 5, 1989; and recommending that the City Council accept as complete the contract for water main replacement in Weiler Boulevard and Danciger Road and authorize final payment in the amount of $34,282.51 to Architectural Utilities, Inc., with funds available in Water Capital Improvements Fund 53, Retainage No. 205-017147 and Contract Encumbrance 17147A, Index Codes 000539 and 620153, respectively. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2662 re contract for White There was presented Mayor and Council Communication No. FP -2662 from the City Settlement East Manager stating that the contract for White Settlement East Outfall Sewer has been Outfall Sewer completed in accordance with plans and specifications under Contract No. 17304 awarded to Larry H. Jackson Construction, Inc., on August 15, 1989; and recommending that the City Council accept as complete the contract for White Settlement East Outfall Sewer and authorize final payment in the amount of $23,234.55 to Larry H. Jackson Construction, Inc., with funds available in Sewer Capital Projects Fund 58, Retainage No. 205-017304 and Contract Encumbrance 17304A, Index Codes 000588 and 658815, respectively. It was the consensus of the City Council that the recommendations be adopted. Z-90-011 It appearing to the City Council that the City Council continued the hearing in connection with the application of Federal Express Corporation for a change in zoning of property located at 109 North Chandler Avenue from "G" Commercial to "PD/SU" Planned Development/Specific Use for uses in the "G" Commercial District and an office warehouse (for package delivery service subject to the side plan submitted); with site plan required, Zoning Docket No. Z-90-011, Mayor Bolen asked if there was anyone present desiring to be heard. City Attorney Adkins advised City Council that, after investigating the ownership of property at 109 North Chandler, Mayor Bolen, Mayor Pro tempore Gilley, and Council Member Garrison are disqualified from voting on Zoning Docket No. Z-90-011. Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that Council Member Zapata be appointed temporary chairman to preside over Zoning Docket No. Z-90-011. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Chappell made a motion, seconded by Council Member McCray, that the application of Federal Express Corporation for a change in zoning of property located at 109 North Chandler Avenue from "G" Commercial to "PD/SU" Planned Development/ Specific Use for all uses in the "G" Commercial District and an office warehouse (for package delivery service subject to the site plan submitted); with site plan required, Zoning Docket No. Z-90-011, be approved. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Council Members Zapata, Granger, McCray, Webber, and Chappell NOES: None ABSENT: None NOT VOTING: Mayor Bolen; Mayor Pro tempore Gilley; and Council Member Garrison Minutes of City Council 0-3 Page 245 24 TUESDAY, FEBRUARY 27, 1990 Z-90-011 cont. Council Member Zapata relinquished the chair and Mayor Bolen assumed the chair at this time. Z-90-009 It appearing to the City Council that on February 13, 1990, the City Council continued the hearing in connection with the application of NCNB Texas National Bank for change in zoning of property located at 500 Haltom Road from "AG" Agricultural to "K" Heavy Industrial, Zoning Docket No. Z-90-009, from day to day and from time to time and especially to the meeting of February 27, 1990, to give every interested person or citizen opportunity to be heard, Mayor Bolen asked if there was anyone present desiring to be heard. Mayor Bolen and Council Members Garrison and Webber advised City Council of conflict of interest involving Zoning Docket No. Z-90-009 involving NCNB Texas National Bank and stated that they would not be voting on this case. There being no one present desiring to be heard, Council Member Zapata made a motion, seconded by Council Member Granger, that consideration of the application of NCNB Texas National Bank for a change in zoning of property located at 500 Haltom Road from "AG" Agricultural to "K" Heavy Industrial, Zoning Docket No. Z-90-009, be approved. 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 Chappell NOES: None ABSENT: None° NOT VOTING: Mayor Bolen and Council Members Garrison and Webber Introduced an Council Member Zapata introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Granger. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray,. Webber, and Chappell (Mayor Bolen; Mayor Pro tempore Gilley and Council Member Garrison "Not Voting" on Z-90-011 and Mayor Bolen and Council Members Garrison and Webber "Not Voting" on Z-90-009.) NOES: None ABSENT: None The ordinance, as adopted, is as follows: 'I Ordinance No. ORDINANCE NO. 10537 i 10537 i AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 3011, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE i SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS AND SHOWING SUCH DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 6. That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than One Thousand i Dollars ($1,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. i Met in closed or It was the consensus of the City Council that the City Council meet in closed or executive session executive session to receive the advice of its attorney concerning pending litigation, as follows: I 1 (a) City of Fort Worth v. Freedom Financial Corporation, No. 352-107250-87, 352nd District Court; (b) Glenda A. Braun v. City of Fort Worth, No. 89-13362; and Minutes of City Council 0-3 Page 246 Met in closed or executive session cont. Reconvened into regular session-' Adjourned TUESDAY, FEBRUARY 27, 1990 (c) April D. Lynch v. Steve Warren, City of Fort Worth et al, No. 89-14019 as authorized by Section 2(e), Article 6252-17, V.A.C.S. The City Council reconvened into regular session with all members present. There being no further business, the meet CITY SECRETARY 247 Minutes of City Council 0-3 Page 247