HomeMy WebLinkAbout1990/03/13-Minutes-City CouncilCouncil met
,r
ers Present
Invocation
Pledge of Allegianci
Minutes of March 8,
1990 approved
Proclamation -
Poison Prevention
Week
Resolution -
Alliance Airport
Proclamation - Fort
Worth League of
Neighborhoods
Introduced third-
grade classes from
Mary Louise Phillip
Elementary School
Proclamation -
Third=TCU Festival
of Yucatecan and
Mayan Culture Week
Withdrew M&C G-8502
and correction on
M&C P-4113
Withdrew M&C G-8508
and C-12223
Removal of M&C G-
8508 from the
agenda
Asst. CM Ramon
Guarjardo re
Lake Worth Dredging
and Water Shed
Management Program
CITY COUNCIL MEETING
MARCH 13, 1990
On the 13th day of March, A.D.,.1990, the City Council of the City of Fort Worth,
Texas, met in regular session, with the following members and officers present, to -wit:
Mayor Bob Bolen; Mayor Pro tempore Garey W. Gilley; Council Members Louis J.
Zapata, William N. Garrison, Kay Granger, Eugene McCray., Virginia Nell Webber, and
David Chappell; City Manager David Ivory; City Attorney Wade Adkins; City Secretary
Ruth Howard; with more than a quorum present, at which time the following business was
transacted: _
The invocation was given by The Reverend Steve Church, Senior Pastor, First
Christian Church of Fort Worth.
The Pledge of Allegiance was recited..
On motion of Mayor Pro tempore Gilley, seconded by Council Member Webber, the
minutes of the meeting of March 8, 1990, were approved.
A proclamation for Poison Prevention Week was presented to Mr. Steve Vargo,
Consumer Product Safety Commission and North Texas Poison Center, and Lena Day, North
Texas Poison Center.
A resolution was presented by Mr. Ron Hibbs, Interim Superintendent of Northwest
Independent School District concerning management of Fort Worth Alliance Airport and
urged the City Council to name an airport administrator as soon as possible.
A proclamation for Fort Worth League of Neighborhoods was presented to Sharon
Casstevens.
Three third-grade classes from Mary Louise Phillips Elementary School were
introduced.
A proclamation for the Third TCU Festival of Yucatecan and Mayan Culture Week was
presented to Dr. Don Freischman.
City Manager Ivory requested that Mayor and Council Communication No. G-8502 be
withdrawn from the consent agenda and advised the City Council that a correction of the
source of funds is being made to Mayor and Council Communication No. P-4113.
Council Member Chappell requested that Mayor and Council Communication No. G-8508
be withdrawn from the agenda and that Mayor and Council Communication No. C-12223 be
withdrawn from the consent agenda.
Mayor Pro tempore Gilley expressed opposition to the removal of Mayor and `Council":
Communication No. G-8508 from the agenda.
Assistant City Manager Ramon Guarjardo appeared before the City Council and
advised the City Council that some of the information previously requested: by Council
Member Chappell regarding the Lake Worth Dredging and Water Shed Management Program has
been provided to Council Member Chappell; that other information requested regarding
the cost benefit to the Lake Worth area by dredging the small area described in the
program is not available at this time; that the action before the City Council under
Mayor and Council Communication No. G-8508 is to approve the grant application process;
that the application must be received by the Environmental Protection Agency by
March 31, 1990, and the application first must be reviewed by the Texas Water
Minutes of City Council 0-3 Page 289
290
Withdrew M&C G-
8508
Consent agenda
approved
Policy Proposal
No. CP -148 - City-
wide Disadvantaged
Business Enter-
prise Policy
TUESDAY MARCH 13 1990
Commission and the Corp of Engineers prior to submission to the EPA by the March 31,
1990, deadline; and that subsequent City Council action will be required to accept any
grant, if approved.
Council Member Chappell withdrew his request for the removal of Mayor and Council
Communication No. G-8508 from the agenda.
On motion of Mayor Pro tempore Gilley,. seconded by Council Member Granger, the
consent agenda, as amended, was approved.
There was presented Policy Proposal No. CP -148, City-wide Disadvantaged
Business Enterprise Policy, submitted by Mayor Bolen; Mayor Pro tempore Gilley; and
Council Members Zapata, Garrison, Granger, McCray, and Chappell, as follows:
SUBJECT: CITY-WIDE DISADVANTAGED BUSINESS ENTERPRISE POLICY
RECOMMENDATION:
It is recommended that the City Council repeal Council Policy 145 (C.P. 145)
as approved on September 26, 1989 and adopt the revised Policy for the
Disadvantaged Business Enterprise (DBE) Program as outlined below.
BACKGROUND
In 1978, the City Council adopted a policy that was aimed at increasing the
level of participation of minority business enterprises (MBEs) on City
projects funded by the Department of Transportation, primarily the Urban Mass
Transportation Administration (UMTA). The policy was revised in 1980 to
include women -owned businesses (WBEs); and was further revised in 1983 to
comply with UMTA's requirement to change to a Disadvantaged Business
Enterprise Program. This policy applied to only those projects which were
federally funded. After program implementation, the reports submitted to
UMTA reflected that there was sufficient participation by MBEs and WBEs to
meet the federal requirements. In comparing the MBE and WBE participation on
City -let, City -funded projects during the same time period, it became readily
apparent that the level of participation was extremely low and in some areas
non-existent. On July 8, 1986, in order to address this passive
discrimination, the City Council adopted C.P. 123, instituting a program
aimed at increasing the level of MBE and WBE participation in all City funded
procurement activities. The participation by MBE and WBE firms has increased
each year the program has been in existence.
COURT ACTIONS:
The United States Supreme Court decision in the case of City of Richmond v.
J.A. Croson Co., 109 S. Ct. 706 (1989), establishes new standards by which
the constitutionality of local governments' MBE and WBE programs will be
judged. In Croson, the Supreme Court held that a local government may
maintain a program if it is necessary to assure that the local government is
not a "passive participant" in a system of racial/social exclusion practiced
by contractors in the private sector; or if such a program is necessary to
eradicate the vestiges of its own past discrimination.
The Court further held "...that any public entity, state or federal, has a
compelling interest in assuring that public dollars, drawn from the tax
contributions of all citizens, do not serve to finance the evil of private
prejudice." In the concluding section of the majority opinion, the Court
reiterated that "[Wlhere there is a significant statistical disparity between
the number of qualified minority contractors willing and able to perform a
particular service and the number of such contractors actually engaged by the
locality or the locality's prime contractors, an inference of discriminatory
exclusion could arise."
Pending completion of additional surveys and studies which are required as a
result of Croson, it is. necessary to repeal C.P. 123 and adopt a DBE program.
The DBE Program will be narrowly tailored to include the major presumptive
groups in the metroplex that have suffered as direct recipients of the past
exclusionary practices in the private and public sectors.
DFFINITIONS!
For the purposes of this policy:
1. "Disadvantaged Business Enterprise" is defined as a business concern
currently doing business and/or located in the Fort Worth/Dallas
metroplex meeting the following criteria:
a. which is at least 51 percent owned by one or more socially and.
economically disadvantaged individuals, or, in the case of any
publicly owned business, at least 51 percent of the stock is owned
by one or more socially and economically disadvantaged individuals;
and
Minutes of City Council 0-3 Page 290
291
TUESDAY, MARCH 13, 1990
CP -148 cont. b. whose management and daily business operations are controlled by
one or more of the socially and economically disadvantaged
individuals who own it; and
C* whose owners are citizens of the United States or lawfully admitted
permanent residents.
d. Any person, firm, corporation, or partnership which has a current
certification from the Small. Business Administration under
Section 8(a) of the Small Business Act.
2. "Socially Disadvantaged Individuals" means individuals who have been
been subject to racial or ethnic prejudice or cultural bias because of
their identity as a member of a group without regard to their qualities
as individuals or capabilities as a business.
3. "Economically Disadvantaged Individuals" means socially disadvantaged
individuals whose ability to compete in the free enterprise system
is impaired due to diminished opportunities to obtain capital and
credit as compared to others in the same line of business who are
not socially disadvantaged.
4. For the purpose of this Policy, the City shall require all individuals
to submit a narrative explaining their economic and social
disadvantageness with each certification and renewal application.
Certification will not be considered without submission of this
narrative.
5. "Offeror" means any person, firm, corporation, or partnership which
submits a bid or proposal to provide labor, goods or services to the
City where City funds are expended.
DECLARATION OF POLICY:
It is in the best interest of the City to promote the equitable utilization
of DBE firms in City contracting in order to eradicate the lingering effects
of past discrimination and to prevent the City's own spending decisions from
reinforcing and perpetuating the exclusionary effects of past discrimination;
while at the same time maintaining a high quality of goods and services
provided to the City through competitive bidding as required by law.
Therefore, it is the policy of the City of Fort Worth to ensure the full and
equitable participation by DBE firms in the provision of all goods and
services to the City on a contractual basis. The objective of the Policy is
to increase the use of DBE firms to a level comparable to the availability of
DBE firms which are capable of providing goods and services directly or
indirectly to the City. Upon request, the City will assist DBEs by providing
them with information on bid specifications, compliance with procurement
policy and fulfillment of general bid requirements. In addition, the City
will provide information on job performance requirements, procurement
opportunities and prerequisites for bidding on City contracts. The City will
encourage joint ventures between DBEs, as well as between majority firms and
DBE firms on City procurement activities.
The City will use its best efforts to insure that DBEs are informed of
current and future procurement activities, through direct contact,
coordination with assistance organizations and placing certified DBEs on the
City's bid list.
CITY-WIDE GOALS:
Based on the availability of DBE firms, the initial City-wide goal forthe
total dollar value of City procurement activities will be fifteen percent
(15%). Based on the growth rate and expanded capabilities studies available
in the metroplex, over the next five years the City's goal is to achieve a
DBE participation level of twenty percent (20%) of the total dollar value of
City procurement.
a. The DBE Office, City Manager and affected Department Heads will meet
periodically and review the anticipated procurement opportunities for
the fiscal year for the purpose of achieving the City's overall DBE goal
as established by the City Council. Based upon the availability of
DBEs, separate goals will be established by the City Manager and
assigned to the areas of construction, professional services, and
purchases.
b. The above goals will generally apply to all City procurements,
particularly where the expenditure of City funds is estimated to be
$25,000 or more.. Procurement opportunities may be reviewed on an
individual basis for the purpose of establishing higher or lower goals
based on the availability of DBEs.
c. The City Manager will be responsible for managing the effectiveness of
the Policy and, on at least an annual.. basis, report the City's
Minutes of City Council 0-3 Page 291
292
TUESDAY, MARCH 13, 1990
CP -148 cont. performance to the City Council and if necessary, recommend new
City-wide goals to be approved by the City Council.
d. The DBE Policy will remain in effect for five (5) years from the date of
approval of this Policy, at which time the City Council will conduct a
review to determine whether the City has achieved its five year goal of
twenty percent (20%) DBE participation. If that level of DBE
participation has been achieved, the DBE Policy willno longer be in
effect. If the five year goal of twenty percent (20%) has not been
achieved, the City Council will have the option to continue the Policy.
IMPLEMENTATION OF POLICY:
In order to comply with the new standards established by the Supreme Court,
and have an effective City-wide DBE program, it is recommended that the City
Council approve a policy that permits the inclusion of DBE requirements in
City procurement activities. It is further recommended that the City Council
set overall goals for DBE participation in such procurement activities.
Therefore, the following Policy is proposed.
1. Approve a remedial program to prevent the City from once again becoming
a passive participant in systematically excluding DBEs from
participating in City procurement activities.
2. Establish individual goals in relationship to the particular procurement
activity based on the availability of DBEs to perform the activity
.required.
3. Review, eliminate or redesign internal systems that prohibit,
discriminate or restrict not only DBE firms but other businesses from
conducting business with the City. -
4. Participate in a metroplex local governmental fact finding study to
provide additional findings of past and present areas of difficulty,
including but not limited to bonding, financing, private and public
market access, that prohibit DBEs from reaching their full capabilities.
The study will analyze anecdotal and statistical information to
determine whether discrimination occurred within and without and if it
still exists.
5. WAIVER PROCEDURES:
The affected Department shall send a written request to the DBE Office
requesting a waiver for any applicable contract prior to advertisement and
bid. DBE requirements may be waived only upon written approval of the DBE
Office.
The affected Department shall determine whether the contract is one in which
DBE provisions should not be applied. These provisions are not required to
be applied in the following circumstances:
a. a public or administrative emergency exits which requires the goods
or services to be provided with unusual immediacy; or
b. the application of DBE provisions would impose an unwarranted
economic burden or risk on the City or unduly delay acquisition of
the goods or services, or would otherwise not be in the best
interest of the City; or
C. if, based on DBE availability, participation would be negligible.
If the affected department determines that one of the above
conditions exists, the department shall notify the DBE Office in
writing, stating the specific reasons that the waiver is requested.
6. AWARD PROCEDURES:
A DBE Policy statement shall be included in the specifications of all
eligible projects. The City will consider the Offeror's responsiveness to
the DBE Policy in the evaluation of bids and proposals. Failure to comply
with the City's DBE Policy or failure to demonstrate a "Good Faith Effort" to
comply, shall result in a bid or proposal being considered non-responsive to
specifications. The lowest responsible Offeror meeting the specifications,
inclusive of DBE compliance, will be awarded the project.
7. DEBARMENT PROCEDURES:
The misrepresentation of facts by an Offeror may result in the Offeror being
determined to be an irresponsible Offeror and barred from participating in
City work for a period of time, such time to be determined on a case-by-case
basis.
a. The DBE Office will send a written statement of facts and a
recommendation for debarment to the City Manager. The City
Minutes of City Council 0-3 Page 292
293
TUESDAY, MARCH 13, 1990
CP -148 cont. Manager, after consultation with the Department of Law, will make
the decision regarding debarment and send a certified notice to the
Offeror.
b. An Offeror that receives notification of debarment may appeal to an
Appeal Board, hereinafter created, by giving written notice within
ten (10) days from the date of receipt of the debarment notice, to
the City Manager of its request for appeal.
c. An Appeal Board, consisting of not less than three members
appointed by the City Manager with the approval of the City
Council, will meet within thirty (30) days from the date of receipt
of the request for appeal of debarment, unless Offeror requests an
extension of time. The Offeror will be notified of the meeting
time and location.
d. The Offeror will be afforded an opportunity to appear with Counsel
if they desire, submit documentary evidence, and confront any
person the City presents.
e. From the date of notification of debarment and during thependency
of any appeal, the City will not consider offers from, award
contracts to, renew or otherwise extend contracts with, or contract
directly or indirectly through subcontracts with the Offeror
pending the Appeal Board's decision.
f. The Appeal Board will render its decision within thirty (30) days
or sooner of the hearing and send a certified notice to the
Offeror.
g. If the Appeal Board upholds the original debarment, the Offeror may
appeal to the City Council within ten (10) days from the date of
receipt of the Appeal Board's decision by giving written notice to
the City Manager. The appeal will be placed on the City Council
agenda within thirty (30) days from receipt of written notice,
unless Offeror requests an extension of time.
DISADVANTAGED BUSINESS ENTERPRISE OFFICE:
The City's Disadvantaged Business Enterprise (DBE) Office will be responsible
for monitoring the program, and tracking statistical data. Each affected
department will appoint a liaison to assure compliance with City-wide goals
and to coordinate with the DBE Office. The DBE Office will also be charged
with, but not limited to, the following duties:
a. Establish proceduresfor the implementation of the Policy, such
procedures to be narrowly tailored to attain the objectives specified
herein without unduly limiting non -DBE businesses. Such procedures
shall be reviewed and approved by the City Manager and by the Department
of Law prior to implementation;
b. Certify businesses as DBEs, maintaining and distributing a list of
those businesses to the affected City departments. A list of such
businesses will also be provided to Offerors upon request.
C . Develop educational programs to assist DBEs to compete effectively for
City contracts;
d. Make recommendations to the City Manager and other City departments to
further the objectives of the Policy;
e. Review documentation required to be.submitted by offerors for
compliance with the Policy;
f. Compile a monthly report reflecting the progress in attaining the
City-wide goals.
g. Receive and review complaints and recommendations regarding the
implementation of the DBE Policy from any source.
h. Audit compliance to the DBE Policy on eligible projects after award,
during the performance thereof, and after completion. The DBE Office
will make recommendations to the City Manager on any irregularities or
misrepresentation of facts as they relate to compliance with the Policy.
i. Perform such other duties assigned by the City Manager to carry forth
the implementation of the Policy.
LEGALITY:
The City Attorney has reviewed the proposed policy and there are no known
legal impediments that would prohibit or limit the implementation of such a
policy.
Minutes of City Council 0-3 Page 293
294
CP -148 cont.
CP -148 approved
M&C OCS-94
Liability bonds
TUESDAY, MARCH 13, 1990
FISCAL NOTE:
Funds may be needed to participate in a metroplex study that will provide the
data required by law.
CITY MANAGER'S COMMENTS:
The City Manager concurs with this policy proposal and will assign
responsibility for implementation and monitoring to the Disadvantaged
Business Enterprise Office.
Mayor Bob Bolen
District 1
Councilman Louis Zapata
District 2
Councilman William Garrison
District 3
Councilwoman Kay Granger
District 4
Councilman Eugene McCray
District 5
Mayor Pro -Tem Garey W. Gilley
District 6
Councilwoman Virginia Webber
District 8
Councilman David Chappell
District 9
On motion of Council Member Webber, seconded by Council Member Chappell, the
recommendation, as contained in Policy Proposal No. CP -148 was approved.
There was presented Mayor and Council Communication No. OCS-94 from the Office of
the City Secretary recommending that the City Council authorize the acceptance or
cancellation of liability bonds, as follows:
CONTRACTOR'S BONDS
Architectural Utilities, Inc.
CEMENT BOND
INSURANCE COMPANY
Hartford Casualty Insurance Company
Howard Cement Construction Co. Aetna Life & Casualty
Harold Hall dba Harold Hall Construction American States Insurance Company
Bransom Construction Co., Inc. Western Surety Company
ITINERANT VENDOR BOND
Nattie Thomas dba Thomas Smoke
#40254922
CANCELLATIONS
CANCELLATION DATE
4/11/90
INSURANCE COMPANY
Western Surety Company
M&C OCS-94 adopted11 It was the consensus of the City Council that the recommendation be adopted.
M&C OCS-95 Claims There was presented Mayor and Council Communication No. OCS-95 from the Office of
the City Secretary recommending that the City Council refer notices of claims for
alleged damages and/or injuries to the Risk Management Department, as follows:
Robert Bobo
Frances Spruell
Carminati
Conlan Engineering
Company, Inc. (T.
Craig Carney)
1. Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
2. Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
3. Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Robert Bobo
March 1, 1990
January 1, 1990
8000 Gifford Hill Road
Undeclared
Claimant alleges damages and injuries as the
result of actions taken by two Fort Worth
Police officers.
Frances Spruell Carminati
March 2, 1990
Undeclared
1000 W. Bewick
$1,793.10 - $2,325.00
Claimant alleges damages to property as the
result of City crews installing sewer pipes.
Conlan Engineering Company, Inc. (T. Craig
Carney)
March 2, 1990
November 8, 1990
Wal-Mart Store I-30 & IH 820 East
$1,081.00
Minutes of City Council 0-3 Page 294
295
TUESDAY, MARCH 13. 1990
Conlan Engineering
Nature of Incident:
Claimant requests reimbursements for expenses
Company, Inc. (T.
incurred in removal of a portion of concrete
Craig Carney) claim
thrust block constructed outside easement on
cont.
property owned by claimant.
American Indemnity
4. Claimant:
American Indemnity Group
Group
Date Received:
March 1, 1990
Date of Incident:
January 25, 1990
Location of Incident:
Undeclared
Estimate of Damages/
Injuries:
Undeclared
Nature of Incident:
Claimant alleges subrogation rights to claim
paid to Mashron, Inc./or Herbie Berkowitz for
vehicular accident.
Steven Lee Gregor-
5, Claimant:
Steven Lee Gregorich
ich
Date Received:
February 27, 1990
Date of Incident:
Undeclared
Location of Incident:
I-30 and 1/4 mi. east of 287
Estimate of Damages/
Injuries:
$204.25 - $393.00
Nature of Incident:
Claimant alleges damages to his vehicle as
the result of gravel thrown from the dump box
gate of a City -owned vehicle (Water
Department truck).
Robert B. Hammel
6. Claimant:
Robert B. Hammel
Date Received:
February 27, 1990
Date of Incident:
December 4, 1989
Location of Incident:
South Park Lane
Estimate of Damages/
Injuries:
$855.00
Nature of Incident:
Claimant alleges damages as the result of
items being removed from his vehicle after
being towed to City Auto Pound.
Troy S. Henry
7. Claimant:
Troy S. Henry
Date Received:
March 1, 1990
Date of Incident:
Undeclared
Location of Incident:
4621 Marsalis
Estimate of Damages/
Injuries:
$276.20 - $360.48
Nature of Incident:
Claimant alleges damages to his vehicle as
the result of an accident involving a
City -owned vehicle (police).
Nell Bode Jessup
8, Claimant:
Nell Bode Jessup
Date Received:
March 1, 1990
Date of Incident:
Undeclared
Location of Incident:
2700 West 7th St.
Estimate of Damages/
Injuries:
$274.07 - $293.60
Nature of Incident:
Claimant alleges damages to his vehicle as
the result of an accident involving Anthony
Ray Pickett.
Robin & Mark Moore
9• Claimant:
Robin & Mark Moore
Date Received:
March 2, 1990
Date of Incident:
December 19, 1989
Location of Incident:
IH 820
Estimate of Damages/
Injuries:
$900.00
Nature of Incident:
Claimant alleges damages as the result of the
death of their dog by injuries sustained due
to a fall from an animal shelter truck.
Paragon Design
10. Claimant:
Paragon Design Systems, Inc. (Robin Kreider)
Systems, Inc.
Date Received:
March 5, 1990
(Robin Krei der )
Date of Incident:
Undeclared
Location of Incident:
Undeclared
Estimate of Damages/
Injuries:
$159.44
Nature of Incident:
Claimant alleges damages to property as the
result of City service crew cutting off water
without prior notice.
Clara Smith
i 11. Claimant:
Clara Smith
Date Received:
March 5, 1990
Date of Incident:
February 13, 1990
Location of Incident:
5300 E. Berry
Estimate of Damages/
Injuries:
$1,275.00 - $1,350.00
Nature of Incident:
Claimant alleges damages to her property as
the result of actions taken by Task Force
during search of her house.
Minutes of City Council 0-3 Page 295
296
TUESDAY MARCH 13 1990
Robert J. Tinsley
12. Claimant:
Date Received:
Robert J. Tinsley
March 2, 1990
Date of Incident:
Undeclared
Location of Incident:
Alley -- 1425 S. Adams
Estimate of Damages/
Injuries:
$89.50
Nature of Incident:
Claimant alleges damages to his property as
the result of City not maintaining alleyway
and sewer line.
Eric Wayne Johnson
13. Claimant:
Eric Wayne Johnson
Date Received:
March 1, 1990
Date of Incident:
February 17, 1990
Location of Incident:
1301 E. Northside Dr.
Estimate of Damages/
Injuries:
$424.62
Nature of Incident:
Claimant alleges damages as the result of
items being removed from his vehicle after it
was impounded and seeks to recover cost of
lost items.
Howell W. Mann
14. Claimant:
Howell W. Mann
Date Received:
March 2, 1990
Date of Incident:
December 26, 1989
Location of Incident:
4004 Shannon Dr.
Estimate of Damages/
Injuries:
$49.50
Nature of Incident:
Claimant alleges damages to his property as
the result of City workman damaging a five
foot section of the sewer line.
William P. Cranz,
15. Claimant:
William P. Cranz, Jr.
Date Received:
March 2, 1990
Date of Incident:
December 24, 1989
Location of Incident:
133 Williamsburg Ln.
Estimate of Damages/
Injuries:
$240.00
Nature of Incident:
Claimant alleges damages to his property as
the result of workman repairing a water line.
Don L. Mims
16. Claimant:
Don L. Mims
Date Received:
March 2, 1990
Date of Incident:
October 10, 1989
Location of Incident:
300 W. Belknap at 100 N. Lamar
Estimate of Damages/
Injuries:
$400.60
Nature of Incident:
Claimant alleges damages to his vehicle as
the result of an accident caused by
malfunctioning signal light.
M&C OCS-95 adopted
It was the consensus of the City
Council that the recommendation be adopted.
There was presented Mayor
and Council Communication No. OCS-96 from the Office of
M&C OCS-96 re
the City Secretary stating that
Ordinance No. 10511 was adopted on February 6, 1990,
Annexing Park 35
annexing 67.543 acres of Park
35 Commerce Center and that said ordinance was published
Commerce Center
in the Fort Worth Star -Telegram,
the official newspaper of the City of Fort Worth,
Texas, on February 7, 1990, and, more than 30 days having elapsed since publication,
Council Member Garrison introduced
Ordinance No. 10511 and made a motion that it be
adopted on second reading. 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. 10511
10511
AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE
EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT WORTH;
PROVIDING FOR THE ANNEXATION OF A CERTAIN 67.543 ACRES (0.105
SQUARE MILES) OF LAND, MORE OR LESS, WHICH SAID TERRITORY LIES
ADJACENT TO AND ADJOINS THE PRESENT CORPORATE BOUNDARY LIMITS OF
FORT WORTH, TEXAS; PROVIDING THAT THE TERRITORY ANNEXED SHALL BEAR
ITS PRO RATA PART OF TAXES; PROVIDING THAT THE INHABITANTS THEREOF
SHALL HAVE ALL THE PRIVILEGES OF ALL THE CITIZENS OF FORT WORTH,
TEXAS; PROVIDING THAT THIS ORDINANCE SHALL AMEND EVERY PRIOR
ORDINANCE IN CONFLICT HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT CONFLICT;
PROVIDING FOR SEVERABILITY AND NAMING AN EFFECTIVE DATE.
Minutes of City Council 0-3 Page 296
297
TUESDAY, MARCH 13, 1990
Ordinance No. WHEREAS, a public hearing before the City Council of the City of Fort
10511 cont. Worth, Texas, wherein all interested persons were provided an opportunity to
be heard on the proposed annexation of the territory hereinafter described,
was held in the City Council Chambers, on the 2nd day of January, 1990, which
date was not more than forty (40) days nor less than twenty (20) days prior
to institution of annexation proceedings; and
WHEREAS, a second public hearing before the City Council of the City of
Fort Worth, Texas, wherein all interested persons were provided an
opportunity to be heard on the proposed annexation of the territory
hereinafter described, was held in the City Council Chambers in the Municipal
Office Building of Fort Worth, Texas, on the 16th day of January, 1990, which
date was not more than forty (40) days nor less than twenty (20) days prior
to the institution of annexation proceedings; and
WHEREAS, notice of the first such public hearing was published in a
newspaper having general circulation in the City of Fort Worth, Texas, and in
the hereinafter described territory on the 22nd day of December, 1989, which
date was not more than twenty (20) days nor less than ten (10) days prior to
the date of said such public hearing; and
WHEREAS, notice of the second such public hearing was published in a
newspaper having general circulation in the City of Fort Worth, Texas, and in
the hereinafter described territory on the 3rd day of January, 1990, which
date was not more than twenty (20) days nor less than ten (10) days prior to
the date of said public hearing; and
WHEREAS, prior to the publication of the notices of public hearings, a
Service Plan providing for the extension of municipal services into the
hereinafter described territory was prepared for inspection by and
explanation to the inhabitants of the area to be annexed; and
WHEREAS, the population of the City of Fort Worth, Texas is in excess of
100,000 inhabitants; and
WHEREAS, the hereinafter described territory lies within the exclusive
extraterritorial jurisdiction of the City of Fort Worth, Texas; and
WHEREAS, the hereinafter described territory lies adjacent to and
adjoins the City of Fort Worth, Texas; and
WHEREAS, the hereinafter described territory contains 67.543 acres
(0.105 square miles) of land, more or less;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
That the following described land and territory lying adjacent to and
adjoining the City of Fort Worth, Texas is hereby added to and annexed to the
City of Fort Worth, Texas, and said territory hereinafter described shall
hereafter be included within the boundary limits of the City of Fort Worth,
Texas, and the present corporate boundary limits of said City, at the various
points contiguous to the area hereinafter described, are altered and amended
so as to include said area within the corporate limits of the City of Fort
Worth, Texas, to -wit:
Parts of the James Eads Survey, Abstract No. 410, the T. J. Bates Survey,
Abstract No. 206, and the Thomas S. Reyburn Survey, Abstract No. 1130,
situated about 17 1/3 miles south 30 degrees west from the courthouse in
Denton, the county seat of Denton County, Texas; and embracing a portion of
the 165-50/100 acres tract and all of the 16-84/100 acres tract described in
the deed to Frederick Brodsky recorded in Volume 1648, Page 842 of the Denton
County Deed Records and Parcel 6, Part 1 described in the deed to the State
of Texas recorded in Volume 517, Page 204 of the said Deed Records for
Interstate Highway 35W.
Beginning at 7/8" iron rod for the northwest corner of the said 16-84/100
acres tract in the north line of the said James Eads Survey in the existing
City limit line of Fort Worth.
Thence south 89 degrees -38 minutes -30 seconds east, along the north line of
said 16-84/100 acres tract and the north line of James Eads Survey to and
along the north line of said Parcel 6, Part 1 and north line of said
165-50/100 acres tract and the north line of said T. J. Bates Survey, at
926-65/100 feet pass a 7/8" iron rod the northeast corner of said 16-84/100
acres tract and the northwest corner of said Parcel 6, Part 1, and being 150
feet left of center line station 80+40-22/100 of I -35W, at 1277-64/100 feet
past a 7/8" iron rod for the northeast corner of said Parcel 6, Part 1 and
the northwest corner of said 165-50/100 acres tract and being 150 feet right
of centerline station 82+18-65/100, in all 1912-24/100 feet.
Minutes of City Council 0-3 Page 297
298
TUESDAY. MARCH 13. 199n
Ordinance No. Thence south 9 degrees -48 minutes -30 seconds west, 410 feet.
10511 cont. Thence north 89 degrees -38 minutes -30 seconds west, 4-05/100 feet to the
beginning of a curve to the left having a radius of 490 feet.
Thence southwesterly along said curve to the left an arc length of 528-80/100
feet to its end, the long chord of said 528-80/100 feet arc is south 59
degrees -26 minutes -30 seconds west, 503-51/100 feet.
Thence south 28 degrees -31 minutes -30 seconds west, 1418-20/100 feet to the
beginning of a curve to the left having a radius of 926-91/100 feet.
Thence southwesterly along said curve to the left an arc length of 453-85/100
feet to its end, the long chord of said 453-85/100 feet arc is south 14
degrees -29 minutes -53 seconds west, 449-33/100 feet.
Thence south no degrees -28 minutes -15 seconds west, 234-85/100 feet to the
existing Fort Worth City Limit line.
Thence north 89 degrees -32 minutes -36 seconds west, along said Fort Worth
City limit line, 412-92/100 feet.
Thence north no degrees -25 minutes -50 seconds east, continuing along said
City limit line, 25 feet.
Thence north 78 degrees -22 minutes -27 seconds west, continuing along said
City limit line, 232-96/100 feet to a 7/8" iron rod for the southwest corner
of said 165-50/100 acres tract and northwest corner of Parcel 6, Part 2
described in the deed to the State of Texas recorded in Volume 517, Page 204
of the said Deed Records.
Thence north no degrees -35 minutes -58 seconds east, continuing along the said
City limit line, along the west line of said 165-50/100 acres tract,
277-31/100 feet to a 7/8" iron rod for the southeast corner of said Parcel 6,
Part 1, and being 180 feet right of centerline station 56+41-22/100.
Thence north no degrees -38 minutes -52 seconds east, continuing along the said
City limit line, 652-23/100 feet to a concrete Highway Department
right-of-way monument for the south corner of said 16-84/100 acres tract, and
being 150 feet left of centerline station 62+01-82/100.
Thence north no degrees -38 minutes -08 seconds east, continuing along the said
City limit line and the west line of said 16-84/100 acres tract, 1583-20/100
feet to the place of beginning and containing 67-543/1000 acres.
SECTION 2.
That the above described territory is shown on Map Exhibit "A" which is
attached hereto and expressly incorporated herein by reference for the
purpose of illustrating and depicting the location of the hereinabove
described territory.
SECTION 3.
That the above described territory hereby annexed shall be part of the
City of Fort Worth, Texas, and the property so added hereby shall bear its
pro rata part of the taxes levied by the City of Fort Worth, Texas, and the
inhabitants thereof shall be entitled to all of the rights and privileges of
all the citizens in accordance with the Service Plan and shall be bound by
the acts, ordinances, resolutions and regulations of the City of Fort Worth,
Texas.
SECTION 4.
That attached hereto, marked Exhibit "X" and incorporated herein for all
purposes incident hereto, is a Service Plan providing for the extension of
municipal services into the area to be annexed, said Service Plan having been
prepared prior to publication of the notices of hearings prescribed under
Section 43.056 of the Texas Local Government Code, and having been made
available at said hearings for inspection by and explanation to the
inhabitants of the area to be annexed.
SECTION 5.
That this ordinance shall and does amend every prior ordinance in
conflict herewith, but as to all other ordinances or sections of ordinances
not in direct conflict, this ordinance shall be, and the same is hereby made
cumulative.
SECTION 6.
That it is hereby declared to be the intent of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this ordinance are
Minutes of City Council 0-3 Page 298
219
TUESDAY, MARCH 13, 1990
Ordinance No. severable, and if any phrase, clause, sentence, paragraph or section of this
10511 cont. ordinance shall be declared unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 7.
That this ordinance shall be in full force and effect from and after the
date of its passage on second reading as provided for in Section 35 of
Chapter XXVII of the Charter of the City of Fort Worth, Texas, and it is so
ordained.
EXHIBIT X
CITY OF FORT WORTH, TEXAS
SERVICE PLAN FOR ANNEXED AREA
Name and Acreage Annexed: PARK 35 COMMERCE CENTER ADDN. PHASE I (67.543
Acres)
Location: Northeast corner of I -35W (North) and Elizabethtown Cemetery Road
(Co.Rd.# 4042)
County: Denton
Municipal Services to the acreage described above shall be furnished by or on
behalf of the City of Fort Worth, Texas, at the following levels and in
accordance with the following schedule:
A. Police Protection Service
(1) Patrolling, responses to calls, and other routine police protection
services, within the limits of existing personnel and equipment, will be
provided on the effective date of annexation.
(2) As development and construction commence within this area, sufficient
police personnel and equipment will be provided to furnish this area the
maximum level of police services consistent with the characteristics of
topography, land utilization, and population density within the area as
determined by the City Council within two and one-half (2-1/2) years from the
date of adoption of the annexation ordinance, or upon commencement of
development within the area, whichever occurs later.
(3) Upon ultimate development of the area, the same level of police
protection services will be provided to this area as are furnished throughout
the City.
B. Fire and Emergency Protection Service_
(1) Fire protection services by the present personnel and the present
equipment of the Fire Department, within the limitations of available water
and distances from existing fire stations, will be provided to this area on
the effective date of the annexation ordinances.
(2) As development and construction of subdivisions commence within this
area, sufficient fire and emergency ambulance equipment will be provided to
furnish this area the maximum level of fire and emergency ambulance services
consistent with the characteristics of topography, land utilization, and
population density of the area, as determined by the City Council, within two
and one-half (2-1/2) years from the date of adoption of the annexation
ordinance, or upon commencement of development within this area, whichever
occurs later.
(3) Upon ultimate development of the area, the same level of fire and
emergency ambulance services will be provided to this area as are furnished
throughout the city.
C. Environmental Health and Code Enforcement Services
(1) Enforcement of the City's environmental health ordinances and
regulations, including but not limited to weed and brush ordinances, junked
and abandoned vehicle ordinances, food handlers ordinances and animal control
ordinances, shall be provided within this area on the effective date of the
annexation ordinance. These ordinances and regulations will be enforced
through the use of existing personnel. Complaints of ordinance or regulation
violations within this area will be answered and investigated by existing
personnel beginning with the effective date of the annexation ordinance.
(2) The City's building, plumbing, mechanical, electrical, and all other
construction codes will be enforced within this area beginning with the
Minutes of City Council 0-3 Page 299
Soo
TUESDAY, MARCH 13, 1990
Ordinance No. effective date of the annexation ordinance.. Existing personnel will be used
10511 cont, to provide these services.
(3) The City's zoning, subdivision, sign, mobile home, junk yard and other
ordinances shall be enforced in this area beginning on the effective date of
the annexation ordinance.
(4) All inspection services furnished by the City of Fort Worth, but not
mentioned above, will be provided to this area beginning on the effective
date of the annexation ordinance.
(5) As development and construction commence within this area, sufficient
personnel will be provided to furnish this area the same level of
environmental health and code enforcement services as are furnished
throughout the City.
D. Planning and Zoning Services
The planning and zoning jurisdiction of the City will extend to this area on
the effective date of the annexation ordinance. City planning will
thereafter encompass this property, and it shall be entitled to consideration
for zoning in accordance with the City's Comprehensive Zoning Ordinance and
General Plan.
E. Recreation and Leisure Services
(1) Residents of this property may utilize all existing recreational and
leisure service facilities and sites throughout the City, beginning with the
effective date of this ordinance.
(2) Additional facilities and sites to serve this property and its residents
will be acquired, developed and maintained at locations and times provided by
applicable plans, policies and programs and decisions of the City of Fort
Worth. This property will be included in all plans for providing recreation
and leisure services to the City. The same level of recreation and leisure
services shall be furnished to this property as is furnished throughout the
City.
(3) Existing parks, playgrounds, swimming pools and other recreation and
leisure facilities within this property shall, upon deeding to and acceptance
by the City, be maintained and operated by the City of Fort Worth; but not
otherwise.
F. Solid Waste Collection
(1) Solid waste collection shall be provided to the property in accordance
with existing City policies, beginning with the effective date of the
annexation ordinance. Residents of this property utilizing private
collection services at the time of annexation shall continue to do so until
notified by the Director of Transportation and Public Works.
(2) As development and construction commence within this property, and
population density increases to the proper level, solid waste collection
shall be provided to this property in accordance with then current policies
of the City as to frequency, charges and so forth.
G. Street, Storm Drainage and Street Lights
( 1 ) The City of Fort Worth's existing policies with regard to street
maintenance, applicable throughout the entire City, shall apply to this
property beginning with the effective date of the annexation ordinance. The
City will maintain improved roadway sections dedicated to the public
consistent with maintenance performed on other roadways of similar
construction and classification within the City of Fort Worth.
(2) As development, improvement or construction of streets to City standards
commences within this property, the policies of the City of Fort Worth with
regard to participation in the costs thereof, acceptance upon completion, and
maintenance after completion, shall apply.
(3) The same level of maintenance shall be provided to streets within this
property which have been accepted by the City of Fort Worth as is provided to
City streets throughout the City.
(4) The City will maintain storm drainage facilities, within a drainage
easement when constructed, to current City of Fort Worth standards applicable
throughout the City. As development, improvement or construction of storm
drainage facilities to City standards commences within this property, the
policies of the City of Fort Worth with regard to participation in the costs
thereof, acceptance upon completion, and maintenance after completion, shall
apply.
Minutes of City Council 0-3 Page 300
301
TUESDAY MARCH 13 1990
Ordinance No. (5) Street lights installed on improved public streets shall be maintained
10511 cont. by the City of Fort Worth in accordance with current City policies. Other
street lighting shall not be maintained by the City of Fort Worth.
H. Water Services
(1) Connection to existing City water mains for domestic water service to
serve residential, commercial, and industrial use within this property will
be provided in accordance with existing City ordinances and policies. Upon
connection to existing mains, water will be provided at rates established by
City ordinances for such service at the normal rates charged throughout the
City.
(2) As development and construction of subdivisions commence within this
property, water mains of the City will be extended by the property owner in
accordance with provisions of the Subdivision Ordinance and other applicable
policies, ordinances, and regulations. City participation in the costs of
these extensions shall be in accordance with applicable City policies,
ordinances, and regulations. Such extensions will commence within two and
one-half (2-1/2) years from the effective date of the annexation ordinance,
and/or upon commencement of development of a subdivision within this
property, whichever occurs later.
I. Sanitary Sewer Services
(1) Connections to existing City sanitary sewer mains for sanitary sewage
service in this area will be provided in accordance with existing City
ordinances and policies. Upon connection, to existing sanitary sewer mains,
sanitary sewage service will be provided at rates established by City
ordinances for such service at the normal rates charged throughout the City.
(2) As development and construction of subdivisions commence within this
property, sanitary sewer mains of the City will be extended by the property
owners in accordance with provisions of the Subdivision Ordinance and other
applicable policies, ordinances, and regulations. City participation in the
costs of these extensions shall be in accordance with applicable City
policies, ordinances, and regulations. Such extensions will commence within
two and one-half (2-1/2) years from the effective date of the annexation
ordinance, and/or upon commencement of development of a subdivision within
the property, whichever occurs later.
J. Miscellaneous
(1) Any facility or building located within the annexed area and acquired by
the City of Fort Worth to provide service to the area will be maintained by
the City commencing upon the date of use or the effective date of the
annexation ordinance, whichever occurs later.
(2) General municipal administration and administrative service of the City
shall be available to the annexed area beginning with the effective date of
the annexation ordinance.
M&C 0 CS -9 7 re
There was presented Mayor and Council Communication No. OCS-97 from the Office of
Correspondence from
the City Secretary recommending that correspondence from Mr. Frank M. Newman, Jr.,
Mr. Frank M. Newman
regarding bill received from MedStar and election letter from Stanford Financial
Jr. regarding
Services, Inc., regarding medical attention of son, Marshall Newman, at Cook's/Fort
medical bills from
Worth Children's Medical Center on September 25, 1989. It was the consensus of the
Cook's/ Fort Worth
City Council that the recommendation be adopted.
Children's Medical
Center
It appearing -to the City Council that on February 27, 1990, the City Council
Benefit Tearing
continued the benefit hearing in connection with the assessment paving of Judkins
M&C G-8482
Street from Ennis Avenue to East First Street from day to day and time to time and
especially to the City Council meeting of March 13, 1990, for vote only.
Mrs. Martha Lunday
re M&C Martha
Mrs. Martha Lunday appeared before the City Council and advised the City Council
that appraisal information on property adjacent to the project previously was presented
to the City Council.
Attention of the City Council was called to Mayor and Council Communication
No. G-8482, dated February, 27, 1990, 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
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.
Minutes of City Council 0-3 Page 301
302
TUESDAY. MARCH 13. 1990
M&C G-8482 cont. 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.
ASSFSSMFNTS-
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.
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.
Council Member Webber made a motion, seconded by Council Member McCray, that the
hearing on the assessment paving of Judkins Street from Ennis Avenue to East First
Street be closed and that the assessments be levied except that the assessment against
Lot 1, Block 81, Riverside Addition, be set at $1,000.00; the assessment against Lot 6,
Block 3, Riverside Addition, be set at $1,000.00; and the assessment against Lot 7,
Block 3, Riverside Addition, be set at $1,400.00. When the motion was put to a vote by
the Mayor, it prevailed unanimously.
Introduced an Council Member Webber introduced an ordinance and made a motion that it be adopted.
ordinance The motion was seconded by Council Member McCray. The motion, carrying with it the
adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Webber, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10544
10544
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR
PART OF THE COST OF IMPROVING A PORTION OF JUDKINS STREET, FROM
ENNIS AVENUE TO EAST FIRST STREET, AND PORTIONS OF SUNDRY OTHER
STREETS, VENUE AND UBLIC PL S IN THE CITY OF FORT WORTH,
TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON,
AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF
ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING
TO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS
OF THE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING
THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING
THE CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND
BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND
PROVIDING AN EFFECTIVE DATE.
M&C
G-8501 re
There was
presented Mayor and Council Communication No.
G-8501 from the
City
1990
Main Street
i Manager stating
that Downtown Fort Worth, Inc., will be sponsoring
the Main Street
Arts
Arts
Festival
j Festival which
begins on Friday, April 6, 1990, and concludes on
Sunday, April 8,
1990;
that, to ensure the safety of the spectators and to allow the set-up, operation, and
tear -down of this festival, Downtown Fort Worth, Inc., is requesting the permission of
the City Council to temporarily close streets in the downtown area; and recommending
Minutes of City Council 0-3 Page 302
303
TUESDAY, MARCH 13, 1990
M&C G88501CCUit. that the City Council approve the request of Downtown Fort Worth, Inc., to temporarily
close the following streets for the 1990 Main Street Arts Festival:
6:00 a.m. Thursday, April 5, 1990 until 6:00 a.m. Monday, April 9, 1990.
Main Street from Weatherford to 9th Streets
1st Street from Houston to Commerce Streets
2nd Street from Houston to Commerce Streets
3rd Street from Houston to Commerce Streets
4th Street (2 north lanes) from Houston to Commerce Streets
5th Street from Houston to Commerce Streets (5th Street will remain open
during peak traffic times on Thursday and Friday)
9th Street from Houston to Commerce Streets
9:00 a.m. Friday, April 6, 1990 until 6:00 a.m. Monday, April 9, 1990.
4th Street (2 south lanes) from Houston to Commerce Streets
6:00 p.m. Friday, April 6, 1990 until 6:00 a.m. Monday, April 9, 1990
6th Street from Houston to Commerce Streets
7th Street from Houston to Commerce Streets
8th Street from Houston to Commerce Streets
M&C G-8501 adopted1l It was the consensus of the City Council that the recommendations be adopted.
M&C G-8502 re
There was presented Mayor and Council Communication No. G-8502 from the City
close main street
Manager stating that the Dreamspace Events are a series of seven open-air festivals to
for Dreamspace
occur on Memorial Day and Columbus Day weekends through 1992; that the Caravan of
"The Americas"
Dreams Productions, Inc., will host the second of these events, "The Americas", May 26
and 27, 1990; that, to ensure the safety of the participants and to allow for the
set-up, operation, and tear -down of the stages and booths, Caravan of Dreams
Productions, Inc., requests permission to temporarily close Main Street from 2nd to 4th
Street from 9:30 a.m. Friday, May 25 until 9:00 a.m. Monday, May 28, 1990, (Memorial
Day) and to close Main Street from 4th to 5th Streets, 3rd Street from Houston to
Commerce Streets, and 4th Street from Houston to Commerce Streets from 6:00 a.m.
Saturday, May 26 until 9:00 a.m. Monday, May 28, 1990, (Memorial Day).
,City Manager Ivory advised the City Council that the project proposed in Mayor and
Council Communication No. G-8502 no longer is planned to be held outdoors.
Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that
the recommendation contained in Mayor and Council Communication No. G-8502 be denied.
When the motion was put to a vote by the Mayor, it prevailed unanimously.
M&C G-8503 re
There was presented Mayor and Council Communication No. G-8503 from the City
YMCA of Metro-
Manager stating that the YMCA Metropolitan Fort Worth will commemorate its 100th
politan Fort Worth
Anniversary in April 1990; that the Centennial celebration will be comprised of three
special events, "SPIRIT", "MIND", and "BODY"; that the purpose of these events is to
create broader awareness of the "Y" and its programs using radio, TV, and the Fort
Worth Star -Telegram media coverage; that, to ensure the safety of the attendees, the
YMCA requests approval of City Council to temporarily close streets at the designated
times; and recommending that the City Council approve the temporary street closure of
Main Street from 5th to 9th Streets and 8th and 9th Streets from Houston to Commerce
Streets at 9:30 a.m. Friday, April 20 until 6:00 a.m. Monday, April 23, 1990; 6th and
7th Streets from Houston to Commerce Streets from 6:30 p.m. Friday, April 20 until
6:00 a.m. Monday, April 23, 1990. It was the consensus of the City Council that the
recommendation be adopted.
M&C G-8504 re There was presented Mayor and Council Communication No. G-8504 from the City
Park Here on Manager stating that Downtown Fort Worth, Inc., will sponsor a downtown summer activity
Thursday entitled "Park Here On Thursday!"; that local bands will provide live entertainment
each Thursday between noon and 2:00 p.m. on Main Street between 8th and 9th Streets;
that Downtown Fort Worth, Inc., is requesting City Council's approval to temporarily
close Main Street from 8th to 9th Streets from 9:30 a.m. until 2:30 p.m. each Thursday
beginning May 3 and ending October 25, 1990; that this closure is to ensure the safety
of the participants and spectators and to allow for the set up, operation, and
tear -down of the stage area; and recommending that the City Council approve the request
of Downtown Fort Worth, Inc., to temporarily close Main Street between 8th and 9th
Streets from 9:30 a.m. until 2:30 p.m. every Thursday beginning May 3, 1990, until
October 25, 1990. It was the consensus of the City Council that the recommendation be
adopted.
M&C G-8505 re There was presented Mayor and Council Communication No. G-8505 from the City
contract to Temple Manager stating that the City Council authorized the award of a contract to Temple
Associates for con-, Associates for construction of Odor Control Facilities, Category B, Phase 1-C-3 at the
struction of Odor I Village Creek Wastewater Treatment Plan; that the funds initially allocated for
Control Facilities i inspection have been expended due to increased inspection required on this project; and
recommending that the City Council authorize a transfer of funds in the amount of
$34,500.00 from Sewer Capital Improvement (Bond) Fund 80, Project No. 016001-00, Index
Code 681015, Village Creek Odor Control Facilities to Grant Fund 76, Project
No. 214697-00, Index Code 083014, Odor Control, Category B, Phase 1-C-3. It was the
consensus of the City Council that the recommendation be adopted.
M&C G-8506 re IThere was presented Mayor and Council Communication No. G-8506 from the City
refund of tax over
payments Manager stating that the Texas Property Tax Code requires that a taxpayer must request
Minutes of City Council 0-3 Page 303
304
TUESDAY, MARCH 13, 1990
M&C G-8506 cont.
a refund for tax overpayment within three
years of that payment; that
Section 31.11 of
the Property Tax
Code further requires approval by the governing body before refunding
overpayments or
erroneous payments in instances where the refund exceeds $500.00; that
the Revenue Collection Division of the Finance Department has verified
that erroneous
payments or overpayments were made and recommends refunds from General
Fund 01, Account
No. 13-40-20, Index Code 011106, as follows:
ACCOUNT NO.
LEGAL DESCRIPTION
NAME
AMOUNT
0011-16-19
Lot 2B, Block B
Leggett, Leggett, Leggett
$ 3,154.50
1988 Taxes
Bailey's Ind. Addn.
(City & School)
Taxes Paid Twice
0019-37-98
Lot 59, Block 16
Home Savings of Amer.
1,024.83
1988 Taxes
Benbrook Lakeshore Est.
(School Only)
Taxes Paid Twice
0020-39-55
Lot 11, Block 55
Guardian Title Co.
517.25
1989 Taxes
Benbrook Lakeside Addn.
(School Only)
Taxes Paid Twice
0047-77-10
Lot 9, Block 59
Guardian Title Co.
1,574.01
1989 Taxes
Cham. Arl. Hts. #1F
(City & School)
Taxes Paid Twice
0062-54-85
Lot 33, Block 3
Michael. & Renee Mitcham
1,609.73
1989 Taxes
Cookes Meadow Addn.
(City & School)
Taxes Paid Twice
0179-41-75
Lot 15, Block 2
Deboroah Ann Callahan
2,682.51
1989 Taxes
Mont. Del Estates
(School Only)
Taxes Paid Twice
0347-37-24
Lot 12, Block 18
Robert & Sheila Hill
684.90
1989 Taxes
Westpark
(School Only)
Taxes Paid Twice
0348-23-24
Lot 17, Block 6
Guardian Title Co.
521.18
1989 Taxes
Westpoint
(City Only)
Taxes Paid Twice
0561-73-59
Lot 5, Block 2013
Great American Bank
5,840.95
1989 Taxes
Centerporte
(City Only)
Taxes Paid Twice
0057-51-86
Lot 11, Block 10
National Mtg. Co.
589.38
1989 Taxes
College Oaks
(School Only)
Taxes Paid Twice
0287-72-87
Lot 11, Block 7
Team Mtg. Co.
1,138.43
1989
South Ridge
(City & School)
Taxes Paid Twice
0294-61-65
Lot 3, Block 2
Stephen & Barbara Grant
2,364.79
1989 Taxes
Stadium Pkwy. Addn.
(City & School)
Taxes Paid Twice
Total .$21,702.46
Mayor Pro tempore Gilley and Council Members Webber and Garrison advised the City
Council of conflicts of interest with voting on Case No. 0287-72-87 on property owned
by Team Mortgage Company.
Mayor Pro tempore Gilley made a motion, seconded by Council Member McCray, that,
1 with the exception of Case No. 0287-72-87 on property owned by Team Mortgage Company,
the refund of tax overpayments in the amount of $20,564.03 be authorized. When the
motion was put to a vote by the Mayor, it prevailed unanimously.
Council Member Chappell made a motion, seconded by Council Member Zapata, that
consideration of Case No.. 0287-72-87 on property owned by Team Mortgage Company be
continued for two weeks. When the motion was put to a vote by the Mayor, it prevailed
unanimously.
Minutes of City Council 0-3 Page 304
305
M&C G-8507 re There was presented Mayor and Council Communication No. G-8507 from the City
settlement of claimi Manager stating that Ethal Polk was involved in a collision with a Fort Worth Police
by Ethal Polk officer on November 1, 1989, at Avenue N and Vaughn Boulevard; that a settlement of
$1,341.67 was previously reached with Ms. Polk for damage to her vehicle; that Ms. Polk
had four passengers in her vehicle at the time of the collision and all have pending
injury claims against the City; that without admitting liability for any expense
incurred by Ms. Polk, Risk Management Department has negotiated a settlement with
Ms. Polk through her attorney and has agreed to a settlement of $16,000.00 for all her
remaining claims against the City subject to City Council approval; stating that funds
are available in Insurance Fund 71, Account No. 15-71-10, Index Code 399154; and
recommending that the City Council approve settlement of the claim filed by Ethal Polk
and that the City Manager be authorized to expend the sum of $16,000.00 for the
settlement agreed to by Ms. Polk, her attorney, and the City of Fort Worth. On motion
of Council Member Zapata, seconded by Mayor Pro tempore Gilley, the recommendation was
adopted.
M&C G-8508 re There was presented Mayor and Council Communication No. G-8508 from the City
grant to Environ-
mental Protection Manager, as follows:
Agency for Phase 11 SUBJECT: CLEAN LAKES PROGRAM GRANT APPLICATION FOR LAKE WORTH DREDGING AND
Clean Lakes ProgramWATERSHED MANAGEMENT PROGRAM
Grant
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager:
1. To submit an application for a maximum of $2,000,000 in grant funds to
the Environmental Protection Agency for Phase II - Implementation of the
Clean Lakes Study on Lake Worth, and;
2. To submit an Application for a Temporary Permit, including required fees
and a letter of consent for right-of-way, to the Texas Water Commission
for discharge of decant water from dredged material to Lake Worth.
DISCUSSION:
Some of the uses of Lake Worth have been impaired by extensive siltation, as
confirmed in the 1980 Lake Worth Management Plan prepared by Carter and
Burgess. Because of the impaired conditions, Lake Worth was identified as a
priority project for federal funding in the Water Resources Development Act
of 1986 and the Water Quality Act of 1987.
In 1987, the City Council approved the submittal of a grant application to
the Texas Water Commission requesting funds for a planning study on Lake
Worth (M&C No. G-7058). A $100,000 planning grant was accepted by the City,
and an agreement was entered into with the Fort Worth District Corps of
Engineers to perform the study (M&C C-10864). The study entitled
Diagnostic/Feasibility Study under the federal Clean Lakes Program was
implemented in May, 1988. One year of intensive monitoring of the water and
sediment quality was included.
PROPOSED PROGRAM:
Nine alternatives for lake restoration were evaluated in the planning study
ranging from no action to complete dredging. In recommending a preferred
alternative, consideration was given to the amount of federal funding that
may be available - a maximum of $2,000,000 of 1989 federal funds. The
recommended alternative includes selective dredging of approximately 250
acre-feet of sediment from four sites and raising the water level one foot.
Dredged material would be disposed of at two sites which are located on City
property. The dredge sites chosen would yield the greatest benefits for the
improvement of recreation, aesthetics and water quality. The recommended
alternative includes the implementation of a watershed management plan that
will effectively control development in the Lake Worth watershed. It is
estimated that the project could be completed in a 28 -month time period,
which includes detailed project design, dredging disposal areas construction
and lake dredging.
The proposed lake restoration project would result in water quality,
aesthetic and recreational benefits including enhancement of the Fort Worth
Nature Center and Refuge. If an agreement can be reached with the Tarrant
County Water Control and Improvement District No. 1, the operating depth of
the lake could be increased by one foot which would result in the potential
for improved fisheries and benefits to the Fort Worth Nature Center and
Refuge through the creation and maintenance of marshes. Recreational
benefits would also result from an increased water depth in the lake. Some
decrease in turbidity may result with the increased water depth which would
improve the quality of the lake from an aesthetic and recreational
perspective. In addition, an increased water depth would improve the
aesthetic appeal of the lake by submerging unattractive shoreline areas and
some aquatic plants. Dredging in the vicinity of the Fort Worth city water
supply intake would be expected to result in improved operation of raw water
intake.
Minutes of City Council 0-3 Page 305
TUESDAY, MARCH 13, 1990
&C G-8508 cont. 11MINIMUM PROGRAM:
The Federal Clean Lakes Program was initiated to address water quality
concerns which limit the uses of the nations fresh water bodies. The
implementation of the recommended program, including dredging, raising the
average level of Lake Worth, the development and implementation of a
watershed management program would have some ancillary benefits such as
potential increased land values, but the real focus of the effort is to
safeguard the quality of the water supply. It is estimated that at lease
$60,000 per year could be saved in water treatment plant maintenance and
chemical costs by just dredging material around the dam and water intake
structure. The accumulated sediment allows Asian clams to enter the intake
structure, to attach themselves to the conduits to the treatment plants,
thereby decreasing flow capacity. These clams contribute to taste and odor
problems as well as interfere in the mixing of water treatment chemicals.
I&C p-4102 re There was presented Mayor and Council Communication No. P-4102 from the City
purchase agreement Manager submitting a tabulation of bids received for a one-year purchase agreement to
ii th Sierra Spring provide bottled drinking water for various City departments; stating that budgeted
later Company funds are sufficient to cover the anticipated expenditure by each department
j participating in this agreement; and recommending that the City Council authorize:
1. A one-year purchase agreement with Sierra Spring Water Company to
provide bottled drinking water service for various City departments,
net, f.o.b. Fort Worth, at unit prices following:
Minutes of City Council 0-3 Page 306
COST:
The cost of the total proposed restoration work is estimated to be $4,000,000.
The total amount depends on the funds available from EPA. The estimated
maximum amount is based on an EPA grant of $2,000,000 with a required City
match of $2,000,000.
Mr. Tom Reid re
Mr. Tom Reid, 8316 Heron Drive, appeared before the City Council and advised the
M&C G-8508
City Council he was surprised to learn that only a small area of Lake Worth is to be
dredged.
On motion of Council Member Garrison, seconded by Mayor Pro tempore Gilley, the
recommendations, as contained in Mayor and Council Communication No. G-8508, were
adopted.
There was presented Mayor and Council Communication No. G-8509 from the City
M&C G-8509 re
Manager stating that the annual bicycle raceinconjunction with the St. Patrick's Day
Fort Worth Girl's
Celebration of gCowtown Goes Green Downtown will be held Sunday, March 18, 1990; that,
Club with St.
to ensure the safety of the spectators and participants the Fort Worth Girls Club is
Patrick's Day
requesting City Council approval to temporarily close the following street on Sunday,
Celebration of
March 18, 1990, from 6:00 a.m. until 5:00 p.m.:
Cowtown Goes Green
Do wnw o to
° . North Main Street between E. Exchange Avenue and N.E. 23rd Street
° Exchange Avenue between N. Main and Niles City Boulevard
° Niles City Boulevard between Exchange Avenue and N.E. 23rd Street
° Westbound half of N.E. 23rd Street from Niles City Boulevard to N. Main
Street
M&C G-8509 adopted
It was the consensus of the City Council that the recommendation be adopted.
M&C P-4087 re
There was presented Mayor and Council Communication No. P-4087, dated March 8,
purchase agreement
1990, from the City Manager stating that a purchase agreement with Burly Corporation
with Burly Cor por-
for the pick up and disposal of scrap tires for various City departments was authorized
on March 7, 1989, by Mayor and Council Communication No. P-3295; that the agreement was
f o r one year with option to renew for one additional year; that City Services staff has
requested the agreement be renewed and the vendor has agreed to hold prices 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 option to
renew the purchase agreement with Burly Corporation be exercised for the pick up and
disposal of scrap tires on low bid of unit prices at $0.82 each; that all City
departments be authorized to use this agreement, if needed; and that the term of
agreement begin March 7, 1990, and end one year later. On motion of Mayor Pro tempore
Gilley, seconded by Council Member Zapata, the recommendations were adopted.
M&C P-4101 re
purchase agreement
There was presented Mayor and Council Communication No. P-4101 from the City
to furnish synthetic
Manager submitting a tabulation of bids received for a purchase agreement to furnish
wipes
synthetic wipes for various City departments; stating that budgeted funds are
sufficient to cover the anticipated expenditure by each department participating in
this agreement; and recommending that the purchase agreement be authorized with Lind
Paper Company at the unit price of $6.28 per box of 50 net, f.o.b. Fort Worth; that the
agreement become effective upon date of authorization by City Council and end one year
later, with option to renew for one year. It was the consensus of the City Council
that the recommendations be adopted.
I&C p-4102 re There was presented Mayor and Council Communication No. P-4102 from the City
purchase agreement Manager submitting a tabulation of bids received for a one-year purchase agreement to
ii th Sierra Spring provide bottled drinking water for various City departments; stating that budgeted
later Company funds are sufficient to cover the anticipated expenditure by each department
j participating in this agreement; and recommending that the City Council authorize:
1. A one-year purchase agreement with Sierra Spring Water Company to
provide bottled drinking water service for various City departments,
net, f.o.b. Fort Worth, at unit prices following:
Minutes of City Council 0-3 Page 306
t1Q%
TUESDAY, MARCH 13, 1990
M&C P-4102 cont.
Rental of Container with Hot and Cold Spout $ 4.50/mo.
.42/foot
Rental of Container with Cold Spout only $ 4.00/mo.
6" Sewer Pipe
Bottle of Drinking Water, 5 -gallon $ 4.19/ea.
3.
Drinking Cups, Cone Shape $10.00/M
1.69/foot
Drinking Cups, Flat Bottom, 5 oz. $17.92/M
10" Sewer Pipe
2. This agreement is to be effective on date of authorization until one
5.
year later.
M&C P-4102 adopted
It was the consensus of the City Council that the recommendations be adopted.
M&C P-4103 re
There was presented Mayor and Council Communication No. P-4103 from the City
purchase of labor,
Manager submitting a tabulation of bids received for the purchase of labor, materials,
materials, and
and equipment to install elevator controls for the Transportation and Public Works
equipment to
Department; stating that funds are available in General Fund 01, Account No. 20-50-02,
install elevator
Index Code 234401; and recommending that the purchase be made from Schnidler Elevator
controls
Corporation in the amount of $14,588.00 net, f.o.b. Fort Worth, Texas. It was the
consensus of the City Council that the recommendation be adopted.
M&C P-4104 re
There was presented Mayor and Council Communication No. P-4104 from the City
purchase of one 50
Manager submitting a tabulation of bids received for the purchase of one 500 gallon
gallon high
high pressure trailer -mounted washer for the Transportation and Public Works
pressure trailer
Department; stating that funds are available in General Fund 01, Account No. 20-80-03,
mounted washer
Index Code 239632; and recommending that the purchase be made from Gage Equipment on
its low bid meeting specifications of $9,265.00 net, f.o.b. Fort Worth. It was the
consensus of the City Council that the recommendation be adopted.
M&C P-4105 re There was presented Mayor and Council Communication No. P-4105 from the City
purchase agreement Manager stating that a one-year purchase agreement, with two options to renew for one
to provide jani -- year, was authorized with Acosta Cleaning Services on April 12, 1988, by Mayor and
torial service for Council Communication No. P-2580 for janitorial services for three City buildings,
three City build- Southside Police Sector, Southside Street Division, and Southside Salid Waste Division;
ings that service has been satisfactory, and vendor has agreed to hold prices firm for one
year; stating that funds are available in General Fund 01, Account No. 20-50-03, Index
Code 222745, and Solid Waste Fund 64, Account No. 21-10-01, Index Code 236190; and
recommending that the City Council authorize renewing a one-year purchase agreement to
provide janitorial services for three City buildings with Acosta Cleaning Service for
an amount not to exceed $23,400.00 annually net, f.o.b. Fort Worth; with the term of
agreement to be effective April 12, 1990, through April 11, 1991. It was the consensus
of the City Council that the recommendations be adopted.
M&C P-4106 re There was presented Mayor and Council Communication No. P-4106 from the City
purchase agreement Manager submitting a tabulation of bids received for a one-year purchase agreement to
to provide P.V.C. provide P.V.C. sewer type SDR35 for the Water Department; stating that budgeted funds
sewer type SDR35 are 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 P.V.C. sewer type
SDR35 from Industrial International, Inc., on the low unit price bid
less four percent 30 days, f.o.b. Fort Worth, as follows:
ITEM
AMOUNT RID
1.
4" Sewer Pipe
.42/foot
2.
6" Sewer Pipe
.95/foot
3.
8" Sewer Pipe
1.69/foot
4.
10" Sewer Pipe
2.65/foot
5.
12" Sewer Pipe
3.78/foot
6.
15" Sewer Pipe
5.63/foot
2. This agreement to be effective from date of authorization by City
Council until one year later.
M&C P-4106 adopted It was the consensus of the City Council that the recommendations be adopted.
M&C P-4107 re There was presented Mayor and Council Communication No. P-4107 from the City
purchase of allumi Manager submitting a tabulation of bids received for the purchase of aluminum sign
num sign blanks blanks for the Transportation and Public Works Department; stating that funds are
available in General Fund 01, Account No. 20-40-02, Index Code 281642; and recommending
that the purchase be made from Highway Signs & Paint, Inc., on its low bid of
$11,098.18 net, f.o.b. Fort Worth. It was the consensus of the City Council that the
recommendation be adopted.
M&C P-4108 re There was presented Mayor and Council Communication No. P-4108 from the City
purchase agreement Manager submitting a tabulation of bids received for a one-year purchase agreement to
to provide sand an provide sand and cement mix for all City departments; stating that budgeted funds are
cement mix for all sufficient to cover the anticipated expenditure by each department participating in
City departments j this agreement; and recommending that the purchase agreement be authorized with
Alexander Lumber Company on its low bid per unit price of $1.99 net, f.o.b. Fort Worth,
with term of agreement effective from date of approval until one year later. It was
the consensus of the City Council that the recommendations be adopted.
M&C P-4109 re There was presented Mayor and Council Communication No. P-4109 from the City
purchase agreement Manager stating that a purchase agreement with Hamrick's Hydraulics, Inc., was
with Hamrick's
Hudraulics, Inc.
Minutes of City Council 0-3 Page 307
�cR
TUESDAY. MARCH 13, 1990
&C P-4109 cont. authorized on March 21, 1989, by Mayor and Council Communication No. P-3335 to provide
hydraulic component repairs; that the service provided by the vendor has been
satisfactory and the vendor has agreed to continue to honor prices as originally
quoted; 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 Hamrick's Hydraulics,
Inc., to provide hydraulic component repair, as follows: labor rate at $9.00 per hour
and parts at list price less ten percent; and authorize all City departments to
participate in agreement, if needed, effective March 21, 1990, and ending one year
later. It was the consensus of the City Council that the recommendations be adopted.
M&C P-4110 re There was presented Mayor and Council Communication No. P-4110 from the City
purchase agreement Manager submitting a tabulation of bids received for a one-year purchase agreement to
to provide pref a--' provide prefabricated concrete vaults for the Water Department; stating that budgeted
ued concrete funds are sufficient to cover the anticipated expenditure by each department
vaults participating in this agreement; and recommending that the City Council authorize a
purchase agreement with Brooks Products on its low bid of unit prices net, f.o.b. Fort
Worth of $525.OQ each, with the agreement to be effective from date of authorization
until one year later. It was the consensus of the City Council that the
recommendations be adopted.
M&C P-4111 re There was presented Mayor and Council Communication No. P-4111 from the City
purchase of supplies'Manager submitting a quotation received for the purchase of supplies for the North
for the NorthhTex Texa Texas Library Systems; stating that funds are available in Grants Fund 76, Project
Library Systems Nos. 308478-04, 308477-01, 308477-04, Index Codes 505214, 505867, and 505867,
respectively; and recommending that the purchase be made from Ellison Letter Machine
Company on its sole quotation of $6,735.00 net, f.o.b. Fort Worth, Texas. It was the
consensus of the City Council that the recommendation be adopted.
M&C P-4112 re There was presented Mayor and Council Communication No. P-4112 from the City
purchase of Person Manager submitting a tabulation of bids received for the purchase of Personal Alert
al Alert Safety Safety Systems for the Fort Worth Fire Department; stating that funds are available in
Systems General Fund 01, Account No. 36-30-00, Index Code 276295; and recommending that the
purchase be made from Casco on its low bid of $16,980.00 net, f.o.b. Fort Worth. It
was the consensus of the City Council that the recommendation be adopted. -
M&C P-4113 re There was presented Mayor and Council Communication No. P-4113 from the City
lease/purchase and Manager stating that the City Council approved Mayor and Council Communication
maintenance agree- Nos. C-10165, C-10192, C-10302, C-10395, C-10839, and P-2925 for lease/purchase and
ments with Memorex maintenance of Memorex -Telex equipment; that the unit costs charged by Memorex -Telex
Telex remain the same as originally approved; that monthly lease/purchase and maintenance
charges on the equipment will not exceed $13,000.00 per month; that the City Council
authorized the 12 -month maintenance agreement with Memorex -Telex on September 27, 1988,
by Mayor and Council Communication No. P-2925--Revisel, for an amount not to exceed
$2,598.00 per month; that expenditures will be charged to General Fund 01, Memorex
Subsidiary Account No. 159000900; and recommending that the City Council authorize the
following:
1. The reconfirming of lease/purchase-and maintenance agreements with
Memorex -Telex to provide equipment and service to Information Systems
and Services Department for a monthly charge not to exceed $13,000.00,
f.o.b. Fort Worth;
2. Authorize all City departments to participate in this agreement upon the
approval of Information Systems and Services.Department; and
3. This agreement will be effective for one year beginning November 1,
1989, until one year later.
M&C P-4113 adopted It was the consensus of the City Council that the recommendations be adopted.
M&C P-4114 re There was presented Mayor and Council Communication No. P-4114 from the City
purchase agreement Manager submitting a tabulation of bids received for a one-year purchase agreement,
with Fort Worth with option for renewal, to provide pre-sort mail service for the Finance Department;
Pre -Sort stating that funds are available in Fund 60, Account No. 13-91-01, Index Code 216531;
and recommending that the City Council authorize a purchase agreement with Fort Worth
Pre -Sort on low bid per unit price of $0.014, and that the effective date of the
agreement begin with the date of authorization and end one year later, or option for
renewal is authorized. It was the consensus of the City Council that the
recommendation be adopted.
M&C P-41re There was presented Mayor and Council Communication No. P-4115 from the City
purchasehase a agreement Manager submitting a tabulation of bids received for a one-year purchase agreement to
to provide traffic provide traffic buttons for the Transportation and Public Works Department; stating
buttons that funds are available in General Fund 01, Account No. 20-40-02, Index Code 281626;
and recommending that the purchase agreement be authorized with Renco Supply, Inc., on
i its low bid per unit price of $20.45, f.o.b. Fort Worth, Texas, with the agreement to
be effective from date of approval until one year later. It was the consensus of the
City Council that the recommendations be adopted.
M&C L-10047 re There was presented Mayor and Council Communication No. L-10047 from the City
acquisition of per- Manager, as follows:
manent easement
Minutes of City Council 0-3 Page 308
3c9
TUESDAY, MARCH 13, 1990
M&C L-10047 cont. SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS (4
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
Descri tion of Land: A rectangularly shaped strip of land out of the
East 2 of Lot Z, Block 8, Masonic Home Addition, Second Filing, as
recorded in Volume 9670, Page 1579, 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.: 16
Consideration: $1.00
Location: 3312 Grayson Street
Owner: Tom Bradford
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: An irregularly shaped strip of land out of the
West 82.0 feet of Lot 12, Block 9, Masonic Home Addition, Second filing,
as recorded in Volume 9281, Page 1787, Deed Records, Tarrant County,
Texas. This strip of land is 82.0 feet in length along its north line,
5.01 feet in depth along its west line, 82.325 feet in length along its
south line and 5.0 feet in depth along its east line and lies parallel
to, contiguous with, and within the north property line, required for a
permanent easement.
Square Feet: 410.8125 Zoning: "A"
Parcel No.: 14
Consideration: $1.00
Location: 3201 Montague
Owner: Jaime A. Moreno
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
3. Project Name: Acquisition of Right -of -Way - Harmon Road/Blue Mound Road
Type of Acquisition: Dedication
Descriotion of Land:
Right -of -Way (Parcel 3) - A rectangularly shaped strip of land
approximately 39 feet in depth and approximately 1,806 feet in length
adjacent to the southerly property line of Tract 2F1, Josiah Walker
Survey, Abstract No. 1600, as recorded in Volume 9701, Page 567, Deed
Records, Tarrant County, Texas. This strip of land contains
approximately 63,597.60 square feet as required for right-of-way.
Right -of -Way (Parcel 3A) - A rectangularly shaped strip of land
approximately 5 feet in depth and approximately 196 feet in length
adjacent to the southeasterly corner of Tract 2F1, Josiah Walker Survey,
Abstract No. 1600, as recorded in Volume 9701, Page 567, Deed Records,
Tarrant County, Texas. This strip of land contains approximately
1,001.88 square feet as required for right-of-way.
Minutes of City Council 0-3 Page 309
310
M&C L-10047 cont. Right -of -Way (Parcel 3B) - An irregularly shaped strip of land ranging
from 5 feet to 21.35 feet and approximately 410 feet in length adjacent
to the southwesterly corner of Tract 2F1, Josiah Walker Survey, Abstract
No. 1600, as recorded in Volume 9701, Page 567, Deed Records, Tarrant
County, Texas. This strip of land contains approximately 6,751.8 square
feet as required for right-of-way.
Temporary Construction Easement (Parcel 3C) - A rectangularly shaped
strip of land 50 feet in depth and 1,823 feet in length adjacent to the
northerly line of the above right-of-way. This strip of land contains
approximately 90,735.48 square feet as required for a temporary
construction easement.
Square Feet: R.O.W. (Parcel 3) - 63,597.60
R.O.W. (Parcel 3A) - 1,001.88
R.O.W. (Parcel 3B) 6,751.08
T.C.E. (Parcel 3C) - 90,735.48
Zoning: "E" Commercial and Industrial Park
Parcel Nos.: 3, 3A, 3B and 3C
Consideration: $1.00
Location: 8850 Blue Mound Road
Owner: Johnny W. Richards II, Attorney -in -Fact for Robert B. Hart, Sr.
Financing: Sufficient funds are available in New Development, Fund 90,
Project No. 095106-00 Land Acquisition. This expenditure will be made
from Index Code 699900.
Land Agent: Aleeta Hackney
4. Project Name: Sanitary Sewer Replacement Project, Main -73
Type of Acquisition: Dedication - Temporary Construction Easement
Description of Land: An irregularly shaped strip of land out of Lot 7,
Block 4, Park Hill Addition, as recorded in Volume 2053, Page 185, Deed
Records, Tarrant County, Texas. This strip of land is 10.0 feet in
depth and 161.0 feet in length and lies parallel to, contiguous with,
and within the north property line, required for a permanent easement.
Square Feet: 1,610.0 Zoning: "A"
Parcel No.: 2
M&C L-10049 re There was presented Mayor and Council Communication No. L-10049 from the City
acquisition of Manager recommending that the City pay a total consideration of $300.00 for a permanent
permanent easement easement from the southeast corner of Lot 16, Block 16, Homeland Addition, as described
in Volume 5744, Page 458, Deed Records,. Tarrant County, Texas; same being ten feet in
i length on the north and west boundaries and the hypotenuse being 14.14 feet; located at
3701 McCart Avenue; owned by Howard Neal Hayes et ux Gladys M.; and required for Butler
Street Reconstruction Project. It was the consensus of the City Council that the
easement be acquired as recommended and that the expenditure be charged to Street
Improvements Fund 67, Project No. 040203-00, Index Code 699884.
M&C L-10050 re
acquisition of -There was presented Mayor and Council Communication No. L-10050 from the City
permanent easement Manager recommending that the City pay a total consideration of $2,500.00 for an
Minutes of City Council 0-3 Page 310
Consideration: $1.00
Location: 2228 Winton Terrace East,
Owner: William B. Henderson and wife, Nathalie J. Henderson
Financing: Sufficient funds are available in Sewer Capital Improvements
Fund 58, Project No. 017081-00, Replacement of Main 73. This
expenditure will be made from.Index Code 698787.
Land Agent: Jerry Chalker
M&C L-10047 adopted
It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. L-10047, be adopted.
M&C L-10048 re
There was presented Mayor and Council Communication No. L-10048 from the City
acquisition of
Manager recommending that the City pay a total consideration of $400.00 for a
land
rectangularly -shaped strip of land from the north property line of Lot 8, Block 18,
Glen Park Addition, as described in Volume 7196, Page 1383, Deed Records, Tarrant
County, Texas; located at 4801 Foard Street; owned by Fannie Pauline Lewis; and
required for Martin Avenue/Wichita Street to Shackleford Street. 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. 040207-00, Index Code 699884.
M&C L-10049 re There was presented Mayor and Council Communication No. L-10049 from the City
acquisition of Manager recommending that the City pay a total consideration of $300.00 for a permanent
permanent easement easement from the southeast corner of Lot 16, Block 16, Homeland Addition, as described
in Volume 5744, Page 458, Deed Records,. Tarrant County, Texas; same being ten feet in
i length on the north and west boundaries and the hypotenuse being 14.14 feet; located at
3701 McCart Avenue; owned by Howard Neal Hayes et ux Gladys M.; and required for Butler
Street Reconstruction Project. It was the consensus of the City Council that the
easement be acquired as recommended and that the expenditure be charged to Street
Improvements Fund 67, Project No. 040203-00, Index Code 699884.
M&C L-10050 re
acquisition of -There was presented Mayor and Council Communication No. L-10050 from the City
permanent easement Manager recommending that the City pay a total consideration of $2,500.00 for an
Minutes of City Council 0-3 Page 310
311
TUESDAY, MARCH 13, 1990
M&C L-10050 cont. irregularly-shaped permanent easement from the north property line of Lot 1, Block 5,
South Fort Worth Addition, as described in Volume 5740, Page 80, Deed Records, Tarrant
County, Texas; same being 4.62 to 24.89 feet in depth and 140 feet in length; located
at 3501 Hemphill Street; owned by Hayes & Stolz Ind. Mfg. Co., Inc., dba Matrix
Enterprises, Inc.; and required for the reconstruction of Biddison and Ripy Streets.
It was the consensus of the City Council that the easement be acquired as recommended
and that the expenditure be charged to Street Improvements Fund 67, Project
No. 040167-00, Index Code 699884.
M&C L-10051 re There was presented Mayor and Council Communication No. L-10051 from the City
acquisition of
permanent easement Manager recommending that the City pay a total consideration of $50.00 for a
triangularly -shaped permanent easement out of the southwest corner of Lot 12, Block 33,
Shaw Heights Addition, as described in Volume 9718, Page 1243, Deed Records, Tarrant
County, Texas; same being seven feet in length on the east and south boundaries and the
hypotenuse being 9.90 feet; located at 4044 6th Avenue; owned by Dennis R. Ownby et ux
Ida L.; and required for Butler Street and Sixth Avenue Reconstruction Project. It was
the consensus of the City Council that the easement be acquired as recommended and that
the expenditure be charged to Street Improvements Fund 67, Project No. 040203-00, Index
Code 699884.
&C L-10052 re There was presented Mayor and Council Communication No. L-10052 from the City
ondemnation award Manager recommending that authority be granted to deposit the award of $24,400.00
eposit for the allowed by Special Commissioners in eminent domain proceedings, Cause
cquisition of No. 141-126012-90, for the acquisition of land 186.53 feet in depth on the north
i ght of way and boundary line and 174.93 feet in depth on the south boundary line of James A. Ashford
rainage easement Survey, Abstract No. 1776, Tract No. 26, and a drainage easement being 88.40 feet in
width on the north boundary line and 99.99 feet in width on the south boundary line and
241.61 feet in length on the east and 241.39 feet in length on the west, parallel and
adjacent to the above-described right-of-way, required for State Highway 170 and I -35W.
It was the consensus of the City Council that authority be granted to deposit the award
allowed by Special Commissioners and that the expenditure be charged to Index Code
668343.
M&C L-10053 re
There was presented Mayor and Council Communication No. L-10053 from the City
acquisition of
Manager recommending that authority be granted to deposit the award of $103,300.00
right-of-way and
allowed by Special Commissioners in eminent domain proceedings, Cause
drainage easement
No. 141-126008-90, for the acquisition of land approximately 69.63 feet in depth on the
south boundary line and approximately 170.08 feet in depth on the north boundary line
of the James A. Ashford Survey, Abstract No. 1776, Tract No. 1, as recorded in
Volume 8305, Page 1086, Deed Records, Tarrant County, Texas; and an easement
approximately 100 feet in width and 656.03 feet in length on the west boundary line and
707.55 feet in length on the east boundary line and parallel and adjacent to the
above-described right-of-way, required for State Highway 170 and I -35W. It was the
consensus of the City Council that authority be granted to deposit the award allowed by
Special Commissioners and that the expenditure be charged to Index Code 668343.
M&C L-10054 re
acquisition of
There was presented Mayor and Council Communication No. L-10054 from the City
right-of-way
Manager recommending that authority be granted to deposit the award of $2,480.00
allowed by Special Commissioners in eminent domain proceedings to acquire a
rectangularly -shaped parcel of land 50 feet in depth from the H. Davidson Survey,
Abstract No. 437, Tract No. 2A, as recorded in Volume 9028, Page 744, Deed Records,
Tarrant County, Texas; required for State Highway 170 and I -35W. It was the consensus
of the City Council that authority be granted to deposit the award allowed by Special
Commissioners and that the expenditure be charged to Index Code 668343.
&C L-10055 re There was presented Mayor and Council Communication No. L-10055 from the City
ondemnation award Manager recommending that authority be granted to deposit the award of $25,252.00
eposit for right- allowed by Special Commissioners in eminent domain proceedings, Cause
f -way No. 141-126010-90, for the acquisition of an irregularly -shaped parcel of land
approximately 122.05 feet in depth on the north side and 74.90 feet in depth on the
south side from the Juan Armendaris Survey, Abstract No. 1764, and the W.D. Britain
Estate Survey, Abstract No. 2038, Tracts I and II, as recorded in Volume 6870,
Page 929, Deed Records, Tarrant County, Texas; required for State Highway 170 and I -35W.
It was the consensus of the City Council that authority be granted to deposit the award
allowed by Special Commissioners and that the expenditure be charged to Index Code
668343.
M&C C-12213 re
agreement with There was presented Mayor and Council Communication No. C-12213 from the City
State Highway and Manager, as follows:
Public transporta-
tion Commission SUBJECT: FOUR PARTY AGREEMENT CONCERNING THE RAILROAD OVERPASS ON E. 1ST
STREET AND E. 4TH STREET AT THE RAILTRAN R.O.W.
RECOMMENDATION:
It is recommended that the City Manager be authorized to execute an agreement
with the State Highway and Public Transportation Commission, the
Missouri -Pacific Railroad, and the City of Dallas providing for construction
of a grade separation across the RAILTRAN R.O.W. in conjunction with the
E. 1st/E. 4th Street Improvement Project.
BACKGROUND:
On September 27, 1988 (M&C G-7738), the City Council approved a request from
the City of Fort Worth to construct a bridge on the RAILTRAN corridor at
Minutes of City Council 0-3 Page 311
1312
TUESDAY, MARCH 13, 1990
M&C C-12213 cont. E. 1st Street and E. 4th Street. The plans for that bridge have been
reviewed and approved by RAILTRAN s consulting engineer. However, the State
Department of Highways and Public Transportation (S.D.H.P.T.) has indicated
that they would require a formal four party agreement involving the City of
Fort Worth, City of Dallas, the SDHPT and the Missouri -Pacific Railroad which
has long term operating rights, before the project can be let for
construction. The SDHPT has drafted an agreement which provides that:
1. The S.O.H.P.T. agrees to prepare plans and specifications for the
project. These plans have, in fact, already been completed by the City
of Fort Worth.
2. The S.D.H.P.T. agrees to provide material for and build the overpass
bridge.
3. The Railroad retains the right to make changes in the track and signals
as may be necessary to maintain continuous service.
4. The Railroad agrees to commence work within 30 days after notification
by the S.D.H.P.T. to do so.
5. The State assumes the entire responsibility for the construction of the
overpass and all attendant liability.
6. The City of Fort Worth assumes the entire responsibility for maintenance
of the overpass following completion.
FINANCING: 4
No financing is required for this agreement. The City of Fort Worth and the
S.D.H.P.T. will execute a financial agreement in the near future for the
entire project based upon previously agreed to Minute Orders.
M &C C-12213 adop to
It was the consensus of the City Council that the recommendation, as contained in Mayor
and Council Communication No. C-12213, be adopted.
M&C C-12214 re
There was presented Mayor and Council Communication No. C-12214 from the City
amendment with
Manager stating that a contract with Carter and Burgess, Inc., in the amount of
Carter and burgess
$27,500.00 was authorized on March 21, 1989, by Mayor and Council Communication
inc.
No. C-11516 for floodplain and hydraulic studies in Forest Park along Zoo Creek and the
Clear Fork of the Trinity River; that, due to the existing and proposed improvements
along Zoo Creek, the project involved many adjustments and became more of a design
project than an analysis; that the result of this work will be adequate flood
protection for existing Zoo and park features and the Primate Exhibit which is under
construction; that funds are available in Park and Recreation Improvements Fund 36,
Project No. 041021-00, Index Code 675538; and recommending that the City Manager be
authorized to amend City Secretary Contract No. 17000 with Carter and Burgess, Inc.,
increasing the contract price by $5,754.23 for additional floodplain and hydraulic
studies required in Forest Park. It was the consensus of the City Council that the
recommendation be adopted.
M&C C-1225 re
There was presented Mayor and Council Communication No. C-12215 from the City
agreementement with
Missouri -Pacific
Manager stating that flooding at West Vickery Boulevard/Bryant Irvin Road has been a
Railroad
recurring problem for many years; that the City Council approved the employment of
Teague, Nall and Perkins, Inc., on March 19, 1985, by Mayor and Council Communication
No. C-8910 to conduct a drainage study of the West Vickery Boulevard/Bryant Irvin Road
area; that the City Council awarded a design engineering contract on May 19, 1987, to
the firm of Teague, Nall and Perkins, Inc., City Secretary Contract No. 15898, for the
design of a necessary storm drainage relief system for the West Vickery
Boulevard/Bryant Irvin Road area; that the design calls for crossing under the existing
railroad tracks at two locations; that the Missouri -Pacific Railroad has agreed to
grant the City necessary easements, to remove the tracks in order to accommodate the
installation of the portion of the box culvert structure within the open cut area, and
to reinstall the track after completion of the box culverts at the actual cost which is
estimated to be $25,000.00; and recommending that the City Manager be authorized to
execute an agreement with Missouri -Pacific Railroad for necessary work to accommodate
the construction of drainage facilities across the railroad right-of-way in conjunction
with the West Vickery Boulevard Storm Drain Relief Project and that a bond fund
transfer in the amount of $25,000.00 be authorized from 90-036796-00, River Park
Addition, Phase II, to 90-136026-00, West Vickery Boulevard Storm Drain Relief System,
to provide funds for railroad work reimbursement. It was the consensus of the City
Council that the recommendations be adopted.,
M&C C-12216 re There was presented Mayor and Council. Communication No. C-12216 from the City
contract withManager submitting a proposed contract for the installation of community facilities to
Salvation Army for serve Salvation Army Addition, Block 1, Lots 1-R-1 and 1-R-2; describing proposed
installation of j project financing; and recommending that the City Manager be authorized to execute a
community facilities agreement with the Salvation Army and that the City Manager be
Community--facifii--- authorized to reimburse the developer for the City's share of cost for street
ties improvements upon satisfactory completion of the same. It was the consensus of the
City Council that the recommendation be adopted.
Minutes of City Council 0-3 Page 312
313
TUESDAY, MARCH 13, 1990
M&C C-12217 re There was presented Mayor and Council Communication No. C-12217 from the City
contract with Manager submitting a tabulation of bids received for Concrete Restoration, 89-1,
Centerline Con- providing for improvements to Granbury Road from Loop 820 to Dan Danciger Road and to
structors, Inc. Rosedale Street from Forest Park to 8th Avenue; and recommending that the City Council
authorize the contract with Centerline Constructors, Inc., for Concrete Restoration,
89-1, in the amount of $496,923.64, and 80 working days, and that a fund transfer in
the amount of $201,543.67 be authorized from 93-057801-00, 1989 Program Unspecified, to
93-053112-00, Concrete Restoration 89-1, to provide funds for construction plus change
orders. It was the consensus of the City Council that the recommendations be adopted.
M&C C-12218 re There was presented Mayor and Council Communication No. C-12218 from the City
contract with T.L. Manager, as follows:
James and Company
SUBJECT: ALLIANCE AIRPORT, PHASE II CONSTRUCTION - CHANGE ORDER NO. 27
(T.L. JAMES AND COMPANY) ,
RECOMMENDATION:
It is recommended that the City Manager be authorized to execute Change Order
No. 27 to T.L. James and Company's contract for Alliance Airport, Phase II
improvements in the amount of $19,695.55 providing for additional work items
connected with the airport opening, and increasing the contract amount to
$23,775,766.85.
DISCUSSION:
On October 25, 1988 (M&C C-11265), the City Council awarded a construction
contract to T.L. James and Company for Phase II paving, lighting, and
drainage improvements at Alliance Airport in the amount of $19,820,408.70.
This contract has been subsequently amended by approved Change Orders No. 1
through No. 26 so that the contract amount now stands at $23,756,071.30.
PROPOSED CHANGE ORDER NO. 27:
Due to the long lead time in publishing flight information directories and
Instrument Approach Plates, the opening date for the airport was set prior to
the start of construction and was not adjusted when the contractor was
granted additional construction time for the runway extension of 1400 ft.
Since it was desirable to keep to the original opening date, the contractor
was required to take certain actions to insure the safe and efficient
operation of the airfield while under active construction. These actions
included the installation of a temporary displaced threshold for the main
runway, the temporary barricading of the crossover taxiways, the relocation
of centerline taxiway lights from Taxiway B to Taxiway A, the filling of
fixture holes on the closed crossover taxiways, and the provision of a
standby generator for temporary electrical power. In addition, certain lights
on closed taxiways required disconnection and reconnection to insure safe
aircraft operation. Total charges for this work amounted to $19,695.55. All
charges were reviewed by the City's Construction Engineering Consultant and
found to be reasonable.
PROJECT COST:
Original Contract Amount $19,820,408.70
Approved Change Orders No. 1 through 26 3,935,662.60
Proposed Change Order No. 27 19,695.55
Proposed Contract Amount $23,775,766.85
Approval of Change Order No. 27, along with previously approved Change
Orders, will amount to a 20.0% increase in the original contract amount.
FINANCING:
The staff believes that all of the work items involved in Proposed Change
Order No. 27 are grant eligible and proposes to submit them for reimbursement
under the current grants. Although the total funds listed in the current
grants has been exceeded, the Federal Aviation. Administration has authority
under Section 512 (b) 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 Order is
within the limits of the amendment authority, the City would expect to be
fully reimbursed for these expenditures. A receivable will be created to
reflect this expectation.
M&C C-12218 adoptee It was the consensus of the City Council that the recommendation, as contained in Mayor
and Council Communication No. C-12218, be adopted.
M&C C-12219 re There was presented Mayor and Council Communication No. C-12219 from the City
contract with Manager submitting a tabulation of bids received for Herbicide Treatment; and
Chem -Spray North,
Inc. recommending that the City Council:
Minutes of City Council 0-3 Page 313
TUESDAY, MARCH 13, 1990
M&C C-12221 re There was presented Mayor and Council Communication No. C-12221 from the City
contract with Manager stating that the City of Fort Worth began participating in a program to provide
Hugley Fitness, physical fitness conditioning opportunities for the Fire Department personnel in March
Center 1981; that, since that time, the program has been expanded to include a mandatory
annual medical exam, individual exercise program, nutritional program, and utilization
of data management as a tool for identifying and documenting the health and safety
needs of the Fire Department; that Huguley Fitness Center was selected to be the
contractor for the 1988 Health and Fitness Evaluations; that it has performed
exceptionally well in its ability to relate to the firefighters and provide a quality
medical evaluation; that stating that budgeted funds are sufficient to cover the
anticipated expenditures by the department participating in this agreement; and
recommending that the City Council:
1. Exercise the second one-year renewal option of Mayor and Council
Communication No. C-10835, approved March 8, 1988;
FEE STRUCTURE
Health/Fitness Assessments for
those currently employed (per person) $175.00
Entry Level, fire recruit medical
assessment including drug screen
(per person) $200.00
2. Other City departments will be authorized to participate in this
agreement; and
3. This agreement will become effective on the date the current contract
expires and will extend for a period of one year.
M&C C-12221 adopted It was the consensus of the City Council that the recommendations be adopted.
M&C C-12222 re There was presented Mayor and Council Communication No. C-12222 from the City
grant with Texas Manager, as follows:
Department of
Commerce SUBJECT: MODIFICATION OF THE CITY'S JTPA TITLE III CONTRACT WITH THE TEXAS
DEPARTMENT OF COMMERCE
RECOMMENDATION:
I
It is recommended that the City Council authorize the City Manager to:
1. Submit a grant modification, accept it if offered, and negotiate a
contract with the Texas Department of Commerce (TDOC) which will
Minutes of City Council 0-3 Page 314
1. Authorize the City Manager to approve the following fund transfer:
M&C C-12219 cont.
FROM TO AMOUNT REASON
93-055901-00. 93-055102-00 $50,000.00 To provide funds
Weed Abatement Herbicide for Herbicide
Unspecified Treatment Treatment Contract.
93-057801-00 93-055102-00 $19,848.00 To provide funds for
1989 Program Herbicide Herbicide Treatment
Unspecified -. Treatment Contract.
2. Authorize the City Manager to execute a contract with Chem -Spray North,
Inc., for Herbicide Treatment, in the amount of $69,848.00, based on its
lowest responsive bid.
M&C C-12219 adopte
It was the consensus of the City Council that the recommendations be adopted.
M&C C-12220 re
There was presented Mayor and Council Communication No. C-12220 from the City
grant application
Manager stating that the City of Arlington desires to submit a Section 9 grant
to the Urban Mass
application to UMTA for operating assistance for the Arlington Elderly and Handicapped
Transportation
Service in the amount of $550,000.00; that the operating assistance grant would be for
Administration
the period of October 1, 1990, through September 30, 1991; that the City of Fort Worth
is the "designated recipient" of all Urban Mass Transportation Administration Section 9
funds for the Fort Worth Urbanized Area; that, although the City is a signatory to the
agreement between UMTA and the applicant, the City assumes no responsibility,, financial
or otherwise, relative to the performance of the applicant; that no City of Fort Worth
funds are required as UMTA funds will be granted directly to Arlington; and
recommending that the City Manager be authorized to submit a grant application to Urban
Mass Transportation Administration on behalf of the City of Arlington in the amount of
$550,000.00 for operating assistance for the Arlington Elderly and Handicapped
Transportation Service for the period beginning October 1, 1990, and ending
September 30, 1991; and that the City Manager be authorized to execute a tripartite
contract with the Urban Mass Transportation Administration and the City of Arlington to
obtain federal operating assistance for the Arlington Elderly and Handicapped
Transportation Service., It was the consensus of the City Council that the
recommendations be adopted.
M&C C-12221 re There was presented Mayor and Council Communication No. C-12221 from the City
contract with Manager stating that the City of Fort Worth began participating in a program to provide
Hugley Fitness, physical fitness conditioning opportunities for the Fire Department personnel in March
Center 1981; that, since that time, the program has been expanded to include a mandatory
annual medical exam, individual exercise program, nutritional program, and utilization
of data management as a tool for identifying and documenting the health and safety
needs of the Fire Department; that Huguley Fitness Center was selected to be the
contractor for the 1988 Health and Fitness Evaluations; that it has performed
exceptionally well in its ability to relate to the firefighters and provide a quality
medical evaluation; that stating that budgeted funds are sufficient to cover the
anticipated expenditures by the department participating in this agreement; and
recommending that the City Council:
1. Exercise the second one-year renewal option of Mayor and Council
Communication No. C-10835, approved March 8, 1988;
FEE STRUCTURE
Health/Fitness Assessments for
those currently employed (per person) $175.00
Entry Level, fire recruit medical
assessment including drug screen
(per person) $200.00
2. Other City departments will be authorized to participate in this
agreement; and
3. This agreement will become effective on the date the current contract
expires and will extend for a period of one year.
M&C C-12221 adopted It was the consensus of the City Council that the recommendations be adopted.
M&C C-12222 re There was presented Mayor and Council Communication No. C-12222 from the City
grant with Texas Manager, as follows:
Department of
Commerce SUBJECT: MODIFICATION OF THE CITY'S JTPA TITLE III CONTRACT WITH THE TEXAS
DEPARTMENT OF COMMERCE
RECOMMENDATION:
I
It is recommended that the City Council authorize the City Manager to:
1. Submit a grant modification, accept it if offered, and negotiate a
contract with the Texas Department of Commerce (TDOC) which will
Minutes of City Council 0-3 Page 314
315
TUESDAY, MARCH 13, 1990
&C C-12222 cont. increase the City's Job Training Partnership Act (JTPA), Title III
Dislocated Workers' Program contract with TDOC (Project #15017) by
$185,320 for the period July 1, 1989 through June 30, 1990. The purpose
of this modification is to allow expansion of services to dislocated
workers in the area; and
2. Apply the Indirect Cost rate in accordance with the 1989 rate of 0.00%
contained in the cost allocation plan approved on July 11, 1989, by the
U.S. Department of Housing and Urban Development.
DISCUSSION:
On June 27, 1989, through M&C C-11741, City Council authorized the City
Manager to execute a contract with TDOC in the amount of $605,880 to
implement a Dislocated Workers' Program for the period July 1, 1989 through
June 30, 1990.
On October 17, 1989, through M&C C-11944, City Council authorized the City
Manager to execute a modification of the original contract increasing the
grant by $417,546 to a total of $1,023,426 for the program year. The
modification was required because of the unexpectedly large number of mass
layoffs that have occurred in the area over the past several months at
General Motors, Swift Meat Packing Company, Surgikos and Fruehauf Trailer
Company. Services to be provided by these additional funds were the same as
those described in detail in M&C C-11741, namely: A) Basic Readjustment
Services; B) Job Search Assistance Class; C) Workplace Basics; D) Job
Development and Placement, including OJT; E) Basic Skills Training;
F) Vocational Occupational Skills Training; G) Support Services; and H) Needs
Related Payments.
On October 3, 1989, TDOC notified the Working Connection of the availability
of a Special Initiative Grant under Title III of $185,320 to be used between
January 1, 1990 and June 30, 1991 to provide services to dislocated workers.
Due to the demand for long-term Vocational Classroom Training, it is
recommended that these funds be used primarily for this purpose.
At its monthly meeting of November 2, 1989, the Private Industry Council
authorized staff to submit all the paperwork to TDOC and City Council that is
necessary to secure this additional funding.
MODIFIED PROJECT COST:
COST CATEGORIES
ORIGINAL MODIFICATION TOTAL
A.
Administration
$ 91,787
$ -0-
$ 91,787
B.
Readjustment
247,418
1,000
248,418
C.
Retraining
564,221
174,320
738,541
D.
Support Payments
60,000
5,000
65,000
E.
Needs Related Payments
60,000
5,000
65,000
Totals ,
$1,023,426
$185,320
$1,208,746
FINANCING:
Sufficient funds for the original program are in Grant Fund 76, Project
Codes: 405470-01, Administration ($91,787); 405471-01, Readjustment
($247,418); 405472-01, Retraining ($564,221); 405473-01, Support Payments
($60,000); and 405774-01, Needs Related Payments ($60,000). The availability
of the additional funds will be contingent upon the execution of the grant
modification contract with the Texas Department of Commerce. The expenditure
will be made from Index Code 510222, Contractual Services.
&C C-12222 adopted It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. C-12222, be adopted.
&C C-12223 re There was presented Mayor and Council Communication No. C-12223 from the City
ontract with Manager stating that the City Council approved two ordinances on February 20, 1990,
reese & Nichols granting a license to Koch Refining Company to construct an aviation fuel products
pipeline in both the RAILTRAN right-of-way and in various properties owned by the City
of Fort Worth; that, due to the highly technical and unusual expertise needed for this
inspection, staff believes that an outside consultant should be obtained; that,
although Koch will have its inspectors on-site, it is recommended that the City and
RAILTRAN retain Freese & Nichols as their representative for inspection; stating that
Koch has paid $25,000.00 to the City for reimbursement of administrative cost to
include the hiring of independent inspectors during the construction phase of the
project; that funds are available in Street Improvement Fund 90, Project No. 136128-00;
and recommending that the City Manager be authorized to execute an amendment to
j Contract No. 17620 for the inspection of the Koch pipeline construction at the original
contract with Freese & Nichols, with the amended work not to exceed $5,000.00.
Mayor Pro tempore Gilley advised the City Council he has a conflict of interest
and will not vote on Mayor and Council Communication No. C-12223 involving Koch
Pipeline.
Minutes of City Council 0-3 Page 315
316
TUESDAY, MARCH 13, 1990
C C-12223 cont.—Council Council Member Chappell advised the City Council he has a conflict of interest and
will not vote on Mayor and Council Communication No. C-12223 involving Koch Pipeline.
Council Member Garrison made a motion, seconded by Council Member Webber, that the
recommendation, as contained in Mayor and Council Communication No. C-12223, be adopted.
When the motion was put to a vote by the Mayor, it prevailed by the following vote:
AYES: Mayor Bolen; Council Members Zapata, Garrison, Granger, McCray,
and Webber
NOES: None
ABSENT: None
NOT VOTING: Mayor Pro tempore Gilley and Council Member Chappell
&C C-12224 re There was presented Mayor and Council Communication No. C-12224 from the City
Tandy Technology Manager, as follows:
Center
SUBJECT: FUNDING OF INCREASED CITY'S SHARE FOR TANDY TECHNOLOGY CENTER
COMMUNITY FACILITIES AGREEMENT
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the following fund transfer:
FROM TO AMOUNT REASON
General Fund 01, 90-136119-00 $19,126.22 To provide additional
Escrow Account Tandy Technology funds for City's share
240-161000 Center of construction and
design engineering
cost.
2. Authorize the City Manager to increase the City's participation in the
Tandy Technology Center, in the amount of $19,126.22, for the increased
cost of street improvements associated with the development of the Tandy
Technology Center.
BACKGROUND:
On December 19, 1989 (M&C C-12049), the City Council authorized the City
Manager to execute Community Facilities Agreement No. 17627 with the Tandy
Corporation, a Delaware Corporation, for the installation of community
facilities for the new Tandy Technology Center.
The City agreed to pay 50% of the cost of reconstructing Burnett Street from
1st Street to 2nd Street. The original estimate of the City's share of
construction and design engineering costs as shown in the CFA was $17,385.00,
based on estimates prepared by the developers' engineer.
The developer's engineer advertised the project and bids were received and
opened by the City on December 8, 19890 The lowest responsive bid was
submitted by Architectural Utilities, Inc. in the amount of $233,740 for
street, storm drain and water improvements on Burnett Street from Weatherford
Street to Second Street which included the section where the City is sharing
in the cost. Based on the low bid received, the City's share of street and
storm drain improvements is $36,511.22. This represents approximately a 110%
increase in the City's share as compared to the amount included in the
approved Community Facilities Agreement.
Although this is a substantial increase in the City's share of the cost,
estimating costs for public improvements in the Central Business District is
often difficult due to limited working area, traffic congestion and control,
unforeseen utility difficulties, etc. Staff has reviewed the low bid
received and believes that the higher level of City participation is
justified. -
FINANCING•
Sufficient funds are available for transfer in General Fund 01, Escrow
Account No. 240-161000, Lamar Street Closing. These funds were paid by Tandy
Corporation for the Lamar Street vacation and are to be used in conjunction
with improvements adjacent to the Library and the new Tandy Technology
Square. Upon approval and completion of Recommendation No. 1, sufficient
funds will be available in New Development Fund 90, Project No. 136119-00,
Tandy Technology Center. Expenditures will be made from Index Code 621458.
&C C-12224 adopted! It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. C-12224, be adopted.
Minutes of City Council 0-3 Page 316
,317
TUESDAY, MARCH 13, 1990
M&C C-12225 re There was presented Mayor and Council Communication No. C-12225 from the City
agreement with Manager recommending that the City Manager be authorized to execute a management
Pinnacle Air contract with Pinnacle Air Services, Inc., for the management of Fort Worth Alliance
Services, Inc. Airport.
Judge Vic Burgess Judge Vic Burgess, representing Denton County; Commissioner Lee Walker,
representing Lee representing Denton County; Mayor Odie Cowart, representing the City of Haslet; Mayor
Walker M&C C-12225 Gary Fickes, representing the City of South Lake; Mr. Jim Carter, representing the
Mercantile Corporation; Mr. Josh Josserand, representing the Southeast Wise County
Chamber of Commerce; Mr. Larry Hutto; Mr. Bob Street, representing the City of Haslet;
and Mr. Ray Fuller appeared before the City Council and requested that the Council give
favorable consideration to the recommended management contract for Fort Worth Alliance
Airport with Pinnacle Air Services, Inc.
Reed Pigman, David Messrs. Reed Pigman; David Broiles, representing Mr. Reed Pigman; and Slats
Broiles and Slats Freeland appeared before the City Council and expressed opposition to the proposed
Freeland re M&C management contract for Fort Worth Alliance Airport.
C-12225
Mr. Ed Moore, 616 Westwood Avenue, appeared before the City Council and requested
Mr. Ed Moore re that the City Council continue consideration of the management agreement for Fort Worth
M&C C-12225 Alliance Airport for at lease two weeks.
Mr. T.R. Reid re Mr. T.R. Reid, 8316 Heron Drive, appeared before the City Council and questioned
M&C C-12225 the advisability of Section 3.3 in the proposed contract dealing with termination of
the contract.
Mr. Robert Snoke Mr. Robert Snoke, 3826 Sixth Avenue, appeared before the City Council and
re M&C C-12225 expressed opposition to the proposed management contract with Pinnacle Air Services,
Inc., unless he could get the bar zoning ordinance passed.
City Manager Ivory advised the City Council that the proposed management contract
for Fort Worth Alliance Airport with Pinnacle Air Services, Inc., is being amended by
the deletion of Sections 4.1 and 4.2 under Section IV, Obligations of City, and that
Section 4.3 now will become Section 4.1.
Council Member Chappell made a motion, seconded by Council Member Granger, that
the management agreement with Pinnacle Air Services, Inc., for management of Fort Worth
Alliance Airport, as recommended in Mayor and Council Communication No. C-12225, 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 Garrison,
Granger, McCray, Webber, and Chappell
NOES: Council Member Zapata
ABSENT: None
M&C FP -2664 re There was presented Mayor and Council Communication No. FP -2664 from the City
final payment to Manager stating that improvements to Elizabeth Boulevard and 8th Avenue intersections
Howard Cement had been completed in accordance with plans and specifications under Contract No. 17507
Construction Com- awarded to Howard Cement Construction Company on October 24, 1989; and recommending
pany that the City Council accept this complete for Elizabeth Boulevard and 8th Avenue
intersection improvements and authorize final payment in the amount of $914.15 to
Howard Cement Construction Company with funds available in Street Improvements Fund 67,
Retainage Account No. 205017507. It was the consensus of the City Council that the
recommendation be adopted.
At this time, Council Member Zapata excused himself from the Council Meeting.
Z-89-117 It appearing to the City Council that the hearing in connection with application
of A.W. Phelps for a change in zoning of property located at 5000 Eastland Street from
"E" Commercial to "B" Two -Family, Zoning Docket No. Z-89-117, was continued on
February 13, 1990, by the City Council from day to day and from time to time and
especially to the City Council meeting of March 13, 1990, to give every interested
person or citizen opportunity to be heard, Mayor Bolen asked if there was anyone
present desiring to be heard.
There being no one present desiring to be heard, Council Member McCray made a
motion, seconded by Council Member Webber, that the hearing be closed and that Zoning
Docket No. Z-89-117 be approved. When the motion was put to a vote by the Mayor, it
prevailed unanimously.
It appearing to the City Council that hearing in connection with the application
Z-89-119 of A.J. Walker for a change in zoning of property located at 2156 South Jennings Avenue
from "F" Commercial to "B" Two -Family, Zoning Docket No. Z-89-119, was continued by the
j City Council on February 13, 1990, from day to day and time to time and especially to
the City Council meeting of March 13, 1990, to give every interested person or citizen
opportunity to be heard, Mayor Bolen asked if there was anyone present desiring to be
heard.
There being no one present desiring to be heard, Council Member Chappell made a
motion, seconded by Council Member McCray, that the hearing be closed and that Zoning
Minutes of City Council 0-3 Page 317
TUESDAY, MARCH 13, 1990
Z-89-119 cont.
Docket No. Z-89-119 be approved. When the motion was put to a vote by the Mayor, it
prevailed unanimously.
Z-89-120 and 121
It appearing to the City Council that the hearings in connection with the
applications of Nellie Little for a change in zoning of property located at 2900 and
2902 Schadt Street from "E" Commercial to "B" Two -Family, Zoning Docket No. Z-89-120,
and of property located at 2814 and 2816 Schadt Street from "E" Commercial to "B"
Two -Family, Zoning Docket No. Z-90-121, was continued by the City Council on
February 13, 1990, from day to day and time to time and especially to the City Council
meeting of March 13, 1990, to give every interested person or citizen opportunity to be
heard, Mayor Bolen asked if there was anyone present desiring to be heard.
Mayor Pro tempore Gilley made a motion, seconded by Council Member Garrison, that
the hearing in connection with Zoning Docket Nos. Z-89-120 and Z-89-121, be continued
until the end of the meeting. When the motion was put to a vote by the Mayor, it
prevailed unanimously.
It appearing to the City Council that Resolution No. 1507 was adopted on
February 20, 1990, setting today as the date for hearing in connection with recommended
Zohi n§ Hearing
changes and amendments to Zoning Ordinance No. 3011 and that notice of the hearing has
been given by publication in the Fort Worth Commercial Reporter, the official newspaper
of the City of Fort Worth, Mayor Bolen asked if there was anyone present desiring to be
heard.
There being no one present desiring to be heard.in connection with the application
of James F. Miller for a change in zoning of property located at 4101 Baldwin Street
from "E" Commercial to "A" One -Family, Zoning Docket No. Z-90-001, Council Member
Chappell made a motion, seconded by Mayor Pro tempore Gilley, that the hearing be
Z-90-001
closed and that Zoning Docket No. Z-90-001 be approved. When the motion was put to a
vote by the Mayor, it prevailed unanimously.
There being no one present desiring to be heard in connection with the application
Z-90-002
of Catherine Clanton/W.O. Penick for a change in zoning of property located at 1208 and
1212 West Bolt Street _from "E" Commercial to "A" One -Family, Zoning Docket
No. Z-90-002, Council Member Chappell made a motion, seconded by Council Member
Garrison, that the hearing be closed and that Zoning Docket No. Z-90-002 be approved.
When the motion was put to a vote by the Mayor, it prevailed unanimously.
At this time, Council Member Zapata assumed his place at the Council table.
Mr. Ed Lowe re
Z-90-023
Mr. Ed Lowe, representing Ice House Real Estate, Ltd., appeared before the City
Council and advised the City Council that the neighborhood in the vicinity of
4600 Dexter Avenue, covered by Zoning Docket No. Z-90-023, is in agreement with the
proposed recommended change in zoning.
There being no one else present desiring to be heard in connection with
recommended changes and amendments to Zoning Ordinance No. 3011, Council Member
Garrison made a motion, seconded by Council Member Zapata, that the hearing be closed
and that the recommended changes in zoning be approved, as follows:
Z-90-003
Z-90-003 LONE STAR INDUSTRIES, INC. by' David Farrington
Both Sides of I -35W No. of Peterson Lane
Unzoned to "J" Light Industrial and "K" Heavy Industrial
Z-90-005
Z-90-005 YONG HUI STOVALL/MANUEL & MARIA SALDIVAR
1216 & 1220 West Bolt Street
"E" Commercial to "A" One -Family
Z-90-010 Z-90-010 MILTON TROJACEK
4100 Baldwin Street i
"E" Commercial to "A" One -Family
Z-90-019 Z-90-019 ROBERT PETRIE
00 Jacksboro Highway (I.H. #199)
"E" Commercial to "F" Commercial
Z-90-020 Z-90-020 MTRUST CORP, N.A. by Daniel Sykes_
1701 to 1715 Calhoun Street .
"J" Light Industrial to "H" Business
Z-90-021 Z-90-021 HUGULEY MEMORIAL MEDICAL CENTER by Peter W. Galier
11801 South Freeway I.H. #35W
"C -F" Community Facilities to "E" Commercial
Z-90-022 Z-90-022 THE BELLAIRE COMPANY JOINT VENTURE
Southwest corner of Bryant Irvin Road and Bellaire Drive South
"E" and "G" Commercial to "A" One -Family
Minutes of City Council 0-3 Page 318
c3�9
TUESDAY, MARCH 13, 1990
Z-90-023 Z-90-023 ICE HOUSE REAL ESTATE, LTD.
600 Dexter Avenue
"C" Multi -Family and "I" Light Industrial to "PD/SU" Planned
Development/Specific Use for all uses in the "E" Commercial
District except for the following: Auditoriums, theaters, and
moving picture shows; turkish baths and similar treatments;
cleaning, dying, pressing, washaterias, and similar laundry
activities; dog, cat and other animal hospitals; retail nursery
yards; and pawn shops. Waiver of site plan recommended.
When the motion was put to a vote by the Mayor, it prevailed unanimously.
Mrs. Nellie Little Mrs. Nellie Little, applicant for a change in zoning of property located at 2900
Z-90-120 and !21 and 2902 Schadt Street from "E" Commercial to "B" Two -Family, Zoning Docket
No. Z-89-120 and 2814 and 2816 Schadt Street from "E" Commercial to "B" Two -Family,
Zoning Docket No. Z-89-121, appeared before the City Council and advised the City
Council the applications for changes in zoning to take care of the assessments were
submitted to take advantage of the assessments.
There being no one else present desiring to be heard in connection with the
applications of Nellie Little for changes in zoning of property located at 2900 and
2902 Schadt Street from "E" Commercial to "B" Two -Family, Zoning Docket No. Z-89-120,
and 2814 and 2816 Schadt Street from "E" Commercial to "B" Two -Family, Zoning Docket
No. Z-89-121, Council Member Zapata made a motion, seconded by Council Member McCray,
that the hearings be closed and that the recommended changes in zoning be approved.
When the motion was put to a vote by the Mayor, it prevailed unanimously.
Mr. Dan Targaglia
re zoning decision Mr. Dan Tartaglia, Assistant City Attorney, appeared before the City Council and
advised the City Council that changes in zoning should be made according to the
comprehensive plan and zoning decisions should be made on the basis of what is the best
use of that property and not on the assessment paving program.
Introduced an
Ordinance Council Member Garrison introduced an ordinance and made a motion that it be
adopted. The motion was seconded by Council Member Zapata. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Webber, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance Nod.
10545 ORDINANCE N0. 10545
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE
NO. 3011, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND
RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND
FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT,
NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE
SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND
LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES
DIVIDING THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND
AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS
AND SHOWING SUCH DISTRICTS AND THE BOUNDARIES THEREOF UPON
"DISTRICT MAPS"; PROVIDING FOR INTERPRETATION, PURPOSE AND
CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SAVI1VGS 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
Dollars ($1,000.00) for each offense. Each day that a violation is permitted
to exist shall constitute a separate offense.
Mr. John Morris re Mr. John Morris, 4725 Driskell, appeared before the City Council regarding recent
flooding on Dris- flooding in his neighborhood and stated that, in his opinion, the area was flooded
call Street because a culvert under the railroad tracks has not been installed.
Mr. Gary Santerre Mr. Gary Santerre, Director of the Department of Transportation and Public Works,
re flooding appeared before the City Council and' advised the City Council that the staff will
submit a status report on the Como drainage problem to the City Council.
Minutes of City Council 0-3 Page 319
320
Mr. Roberta Tru-
jillo re flooding
on Driscall
Mr. Trujillo re
flooding on
Driscall
Met in closed
or executive -
session
Reconvened into
regular session
Adjourned
TUESDAY, MARCH 13, 1990
Mrs. Roberta Trujillo, owner of property at 4132 Driscall, appeared before the
City Council regarding recent flooding of her property on Driscall which, in her
opinion, was caused by the creek at the rear of the property not being kept clear and
causing the water to rise.
A Mr. Trujillo appeared before the City Council and advised the City Council of
flooding problems in the vicinity of Driskell Street and in getting an electrical
inspector to the property to certify that electricity could be resumed at the residence
and of problems associated with scavengers stealing flooded merchandise placed on the
curbs. Mr. Trujillo was advised the problems will be investigated.
It was the consensus of the City Council that the City Council meet in closed or
executive session to receive the advice of its attorney concerning pending litigation
or other matters which are protected from public disclosure, as follows:
(a) City of Arlington v. City of Fort Worth, Cause No.. 348-118-909-89
(b) City of Arlington Rate Case Before the Texas Water Commission
(c) City of Arlington Sludge Contract
(d) Nolin Ragsdale et al. v. City of Fort Worth and Hillwood Development
Corporation, No. CA 4-89-670-K
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 meeting was adjourned.
Minutes of City Council 0-3 Page 320