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HomeMy WebLinkAbout1990/03/20-Minutes-City CouncilCouncil met Members Present Invocation Pledge of Allegian� Minutes of March 13, 1990 approved Proclamation - Children and Hos- pitals Week Proclamation - "Don't Bag It" Season Ms. Carolyn Bellah presented a bowl for 1989 Keep America Beautiful National Award Withdrew M&C P-412( P-4130 from agenda Consent agenda approved CITY COUNCIL MEETING MARCH 20, 1990 On the 20th 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 Pro tempore Garey W. Gilley; Council Members William N. Garrison, Kay Granger, Eugene McCray, and Virginia Nell Webber; City Manager David Ivory; Deputy City Attorney William W. Wood; City Secretary Ruth Howard; Mayor Bob Bolen temporarily absent; Council Members Louis J. Zapata and David Chappell absent; with a quorum present, at which time the following business was transacted: The invocation was given by The Reverend Don Dinwiddie, Pastor of Christ the King Episcopal Church. :e The Pledge of Allegiance was recited. On motion of Council Member Granger, seconded by Council Member McCray, the minutes of the meeting of March 13, 1990, were approved. A proclamation for Children and Hospitals Week was presented to Mr. Russell Tolman, Fort Worth Children's Hospital. A proclamation for "Don't Bag It" Season was presented to Ms. Carolyn Bellah. Ms. Carolyn Bellah, Executive Director of Fort Worth Clean City, presented to the City Council a bowl for First Place for the 1989 Keep America Beautiful National Award. City Manager Ivory requested that Mayor and Council Communication No. P-4129 be withdrawn from the agenda. City Manager Ivory requested that Mayor and Council Communication No. P-4130 be withdrawn from the consent agenda. On motion of Council Member Granger, seconded by Council Member McCray, the consent agenda, as amended, was approved. Mayor Bolen assumed the chair at the Council table at this time. Minutes of City Council 0-3 Page 320 TUESDAY, MARCH 20, 1990 Introduced Mrs. Mayor Bolen introduced Ms. Florence Shapiro, candidate for Mayor of the City of Florence Shapiro P1 ano. from the resignation of Mr. Lewis Bond from Dallas/Fort Nominated Mr. Jim Jones to the Board Mayor Bolen nominated Mr. Jim Jones for membership on the Board of Adjustment and of Adjustment made a motion, seconded by Mayor Pro tempore Gilley, that Mr. Jim Jones be appointed to Place No. 6, as alternate for the Board of Adjustments, with a term of office expiring City Council that he will be making a October 1, 1990. When the motion was put to a vote by the Mayor, it prevailed 30 through April 8, 1990, representing unanimously. the City of Fort Worth. Resignation of Mr. Mayor Pro tempore Gilley made a motion, seconded by Council Member Garrison, that Lewis Bond from the resignation of Mr. Lewis Bond from Dallas/Fort Worth International Airport Board be accepted with regrets. When the motion was put to a vote by the Mayor, it prevailed unanimously. Ceremonial trip Mayor Pro tempore Gilley advised the City Council that he will be making a to Bundung, In— ceremonial trip to Bundung, Indonesia, on March 30 through April 8, 1990, representing donesia the City of Fort Worth. Council Member Garrison made a motion, seconded by Council Member McCray, that the ceremonial travel of Mayor Pro tempore Gilley to Bundung, Indonesia, on March 30 through April 8, 1990, be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced a Mayor Pro tempore Gilley introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, Granger, McCray, and Webber NOES: None ABSENT: Council Members Zapata and Chappell The resolution, as adopted, is as follows: . Resolution No. RESOLUTION NO. 1512 1512 RESOLUTION APPROVING A RESOLUTION OF ALLIANCEAIRPORT AUTHORITY, INC. WITH RESPECT TO THE ISSUANCE OF BONDS FOR AMERICAN AIRLINES, INC. WHEREAS, AllianceAirport Authority, Inc. (the "Corporation") was created under the auspices of the City of Fort Worth; and WHEREAS, on March 8, 1990, the Corporation adopted a resolution authorizing the sale of bonds in a principal amount not to exceed $300,000,000 to finance facilities for use by American Airlines, Inc. (the "Company"); and WHEREAS, on March 8, 1990, the City Council of the City adopted a resolution approving such resolution adopted by the Corporation; and WHEREAS, the Company has requested that the Corporation issue bonds in an aggregate principal amount of $350,000,000 to finance the "Project" (as defined in the hereinafter referenced Facilities Agreement); and WHEREAS, it is deemed necessary and advisable that this Resolution be adopted. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH THAT: Section 1. The "Facilities Agreement by and between American Airlines, Inc. (the "Company") and AllianceAirport Authority, Inc.", in substantially the form and substance as attached to this Resolution and made a part hereof for all purposes, is hereby approved, and revenue bonds in the principal amount of $350,000,000 (the "Bonds"), may be issued for the purpose of paying the cost .of acquiring and constructing or causing to be acquired and constructed the Project as defined and described therein, which Project is in compliance with the Development Corporation Act of 1979, as amended, and the rules promulgated thereunder by the Texas Department of Commerce; and said Project is hereby approved. Section 2. The resolution adopted by the Corporation authorizing the execution of the Facilities Agreement, the Lease Agreement between the Company and the Corporation, the Bond Purchase Agreement among the Company, the Corporation and the underwriters named therein, and the Trust Indenture by and between the Corporation and Team Bank, as Trustee, and authorizing the sale of the Bonds and the use of an Official Statement in connection with the sale of the Bonds, in substantially the form and substance attached to this Resolution and made a part hereof for all purposes, are hereby specifically approved, and the Bonds may be issued as provided for therein. Minutes of City Council 0-3 Page 321 322 TUESDAY, MARCH 20, 1990 esolution No. Section 3. This Resolution supplements, but does not nullify, the 512 resolution adopted on March 8, 1990 by the City and except as amended by this resolution, the terms and provisions of such resolution adopted on March 8, 1990 shall remain in full force and effect. There was presented Mayor and Council Communication No. OCS-98 from the Office of the City Secretary recommending that notices of claims for alleged damages and/or injuries be referred to the Risk Management Department, as follows: ccent Interiors James A. Sammons) 1. Claimant: Accent Interiors (James A. Sammons) Date Received: March 6, 1990 Date of Incident: February 8, 1990 Location of Incident: 5100 Camp Bowie Blvd. Estimate of Damages/ Injuries: $963.62 Nature of Incident: Claimant alleges damages to property as a result of sewage overflowing into drain at Accent Interiors. ike Bello 2• Claimant: Mike Bello Date Received: March 9, 1990 Date of Incident: December 22, 1989 Location of Incident: 2626 McLemore Estimate of Damages/ Injuries: $1,682.58 - $1,930.50 Nature of Incident: Claimant alleges damages to property as a result of a broken water main. ammy J. Buchholz 3. Claimant: Tammy J. Buchholz Date Received: March 9, 1990 Date of Incident: April 24 Location of Incident: 6100 Cromwell - Marine Creek Estimate of Damages/ Injuries: $78.93 Nature of Incident: Claimant alleges damages to automobile as a result of road conditions. isa Marie Cano 4. Claimant: Lisa Marie Cano Date Received: March 12, 1990 Date of Incident: February 27, 1990 Location of Incident: 2600 Ave. J Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges injuries and damages to property as a result of an automobile accident. ony Lee Changler 5. Claimant: Tony Lee Chandler Date Received: March 7, 1990 Date of Incident: Undeclared Location of Incident: 1130 Fournier St. Estimate of Damages/ Injuries: $1,140.33 - $1,159.46 Nature of Incident: Claimant alleges damages to his truck as a result of an accident involving a City -owned vehicle. ames and Jerrie 6. Claimant: James and Jerrie Goforth of or th Date Received: March 9, 1990 Date of Incident: January 18, 1990 Attorney: John E. Collins Location of Incident: 4800 W. Vickery Estimate of Damages/ Injuries: $500,000.00 Nature of Incident: Claimants allege injuries as a result of an automobile accident due to road conditions. om Land 7. Claimant: Tom Land Date Received: March 8, 1990 Date of Incident: February 23, 1990 Location of Incident: Reserved Parking Lot in back of Will Rogers Coliseum Estimate of Damages/ Injuries: $557.70 Nature of Incident: Claimant alleges damages to his automobile as a result of an accident involving a City -owned vehicle. onald Wilton Sneed'i 8. Claimant: Donald Wilton Sneed Date Received: March 9, 1990 Date of Incident: February 16, 1990 Location of Incident: 3712 Ashford Ave. Estimate of Damages/ Injuries: $30.00 Minutes of City Council 0-3 Page 322 323 TUESDAY, MARCH 20, 1990 onald Wilton Sneed Nature of Incident: Claimant seeking to recover cost to repair laim cont. aerators in water line. Claimant alleges damages to property as a result of water crew replacing water meter. etty Jane Taylor 9• Claimant: Betty Jane Taylor Date Received: March 6, 1990 Date of Incident: February 19, 1990 Location of Incident: 1704 Western Ave. Estimate of Damages/ Injuries: $58.21 Nature of Incident: Claimant is seeking to recover cost of repairing broken window. Claimant alleges damages to property as a result of police action. awn Kochanowski 10. Claimant: Dawn Kochanowski Date Received: March 14, 1990 Date of Incident: Undeclared Location of Incident: 11918 Clovite Ct. Estimate of Damages/ Injuries: $24.99 - $26.00 Nature of Incident: Claimant alleges loss of property as a result of theft by City employee (Garbage). 11. Claimant: Eddie Woodard and the Ridgewood Creek Lot ddie Woodard and Owners Assoc. he ri dgewood Creek Date Received: March 13, 1990 of Owners Assoc. Date of Incident: Undeclared Attorney: Wynn, Brown, Mack, Renfro & Thompson (John R. Thompson) Location of Incident: Undeclared Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimants requesting that silt from private stream be removed, circulating pumps be cleaned of silt, and strom drain be redirected to prevent further damage to property. &C OCS-98 adopted It was the consensus of the City Council that the recommendation be adopted. &C OC S- 99 There was presented Mayor and Council Communication No. OCS-99 from the Office of iability Bonds the City Secretary recommending that the City Council authorize the acceptance of liability bonds, as follows: CONTRACTOR'S BONDS INSURANCE COMPANY Cates-Cortney, Inc. United States Fidelity and Guaranty Company D/B Constructors, Inc. Continental Casualty Company Fishel Company Firemen's Insurance Company Weldon C. & Bill Jordan Construction, Motor Club of America Insurance Inc. Company CEMENT BONDS Howe Building Corporation United States Fidelity and Guaranty Company Advanced Building and Concrete Universal Surety of America Construction Hefner Construction, Inc. Gulf Insurance Company &C OCS-99 adopted It was the consensus of the City Council that the recommendation be adopted. &C OCS- 100 There was presented Mayor and Council Communication No. OCS-100 from the Office of esolution Setting the City Secretary recommending that the City Council adopt a resolution setting the oning Hearing zoning hearing for April 10, 1990. Council Member Garrison made a motion, seconded by Council Member McCray, that the resolution be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. ntroduced a Council Member Garrison introduced a resolution and made a motion that it be es olutio n adopted. The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, Granger, McCray, and Webber Minutes of City Council 0-3 Page 323 F 324 TUESDAY, MARCH 20, 1990 NOES: None ABSENT: Council Members Zapata and Chappell The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1513 1513 A RESOLUTION PROVIDING FOR A PUBLIC HEARING TO BE HELD THE CITY COUNCIL CHAMBERS AT THE MUNICIPAL BUILDING IN THE CITY OF FORT WORTH, TEXAS, ON APRIL 10, 1990 AT 10:00 A.M., FOR THE PURPOSE OF CONSIDERING THE PROPOSED CHANGES AND AMENDMENTS TO ORDINANCE NO. 3011, AS AMENDED, WHICH IS THE COMPREHENSIVE ZONING ORDINANCE OF SAID CITY, AND PROVIDING THAT SAID HEARING MAY CONTINUE FROM DAY TO DAY UNTIL EVERY INTERESTED PARTY AND CITIZEN HAS HAD A FULL OPPORTUNITY TO BE HEARD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That at 10:00 O'clock A.M., Tuesday, April 10, 1990 the City Council of the City of Fort Worth, which is the legislative body of said City, will hold a public hearing in the Council Chambers at the Municipal Building for the purpose of considering changes and amendments to Ordinance No. 3011, as amended, the Comprehensive Zoning Ordinance of said City. The purpose of said hearing is to determine whether or not said Ordinance No. 3011, as amended, should be amended so that the zoning classification of the following areas shall be changed as hereinafter described. Z-90-004 Z-90-004 North 1/2 of Lot 8, Block 47, Pruitt Subdivision (2708 Refugio Avenue [725 Cliff Street]) Recommended from "E" Commercial to "PD/SU" Planned Development/ Specific Use to permit all of the uses included in the "E" Commercial District and a warehouse for the storing of construction tools and equipment, contractors storage area (outdoors) with a minimum 6' screen fence, parking for construction vehicles and trailers (all in accordance with site plan presented); site plan required. Z-90-025 Z-90-025 Lot 9, Block 10, Sunrise Addition (5411 Turner Street) Recommended from "E" Commercial to "F -R" Restricted Commercial. Z-90-026 Z-90-026 Lots A2, A2A, Block 1, Waverly Park Addition (8305 Highway 80W and 3407 Slade Blvd.) Recommended from "E" Commercial to "F -R" Restricted Commercial. Z-90-028 Z-90-028 Lots 1-4, Block 91, Fort Worth Original Town (604 East 4th Street) Recommended from "J" Light Industrial to "J/HC" Light Industrial/ Historic and Cultural Subdistrict. Z-90-029 11 Z-90-029 Zoning Ordinance Text Amendment Z-90-031 AN ORDINANCE AMENDING ORDINANCE NO. 3011, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY AMENDING SECTION 27 THEREOF BY PROVIDING FOR A MAXIMUM FINE OF TWO THOUSAND ($2000.00) FOR ANY VIOLATION OF THE COMPREHENSIVE ZONING ORDINANCE; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. Z-90-031 Lots 1A, 1B and 1C, Block 10, College Hill Addition (815, 819, 821 West Lewda Street) Recommended from "C -F" Community Facilities to "E" Commercial. Z-90-033 Z-90-033 Lots 20 & 21, Block 9, Boaz & Dillow Addition (2805 and 2809 East Rosedale Street) Recommended from "E" Commercial to "F -R" Restricted Commercial. Minutes of City Council 0-3 Page 324 325 TUESDAY, MARCH 20, 1990 Resolution No. Z-90-034 BEING a 5,495 square foot tract situated in the S.A. & M.G. 1513 cont. Railroad Survey, Abstract No. 1463, Tarrant County, Texas, and Z-90-034 being a portion of Block 10, South Creek Addition, an addition to the City of Fort Worth, Texas as described by plat recorded in Volume 388-157, Page 66, D.R.T.C.T., and being a portion of a building, said portion being known as 6645 McCart Street, said 5,495 square foot tract being more particularly described as follows: COMMENCING at the southwest corner of said Block 10, South Creek Addition, said corner being in the easterly right-of-way line of McCart Street; THENCE, departing the easterly right-of-way line of said McCart Street and along the southerly line of said Block 10, S 88057'05" E, a distance of 420.00 feet to a point for corner; THENCE, along a southerly line of said Block 10, N 42°02'00" E, a distance of 147.41 feet to a point for corner; THENCE along the easterly line of said Block 10, N 00°02'00" E, a distance of 62.94 feet to a point for corner; THENCE departing said easterly line, N 89°58'00" W, a distance of 44.00 feet to a point for corner; THENCE S 00002'00" W, a distance of 57.79 feet to a point for corner; THENCE S 45002'00" W, a distance of 48.44 feet to THE POINT OF BEGINNING of herein described 5,495 square foot tract; THENCE continuing S 45°02' W, 33.60 feet to a point for corner; THENCE N 89°58' W, 68.00 feet to a point for corner; THENCE N 0°02' E, 60.80 feet to a point for corner; THENCE N 45002' E, 39.20 feet to a point for corner THENCE S 44058' E, 91.31 feet to the PLACE OF BEGINNING and containing 5,495 square feet of land, more or less. (6645 McCart Street) Recommended from "E" Commercial to "PD/SU" Planned Development/ Specific Use permitting all uses allowed in the "E" Commercial District as well as a bingo facility but excluding the sale of alcoholic beverages for both off and on -premise consumption. Waiver of site plan requested. That the proposed amendments and changes at this hearing will be considered in accordance with the provisions of Chapter 211 of the Texas Local Government Code. BE IT FURTHER RESOLVED that this Resolution, when published in the official newspaper of the City of Fort Worth, which is a paper of general circulation, one (1) time, shall constitute a notice of hearing, which publication shall be made at least fifteen (15) days prior to such hearing, and all interested parties are urgently requested to be in the Council Chambers at the Municipal Building at the time hereinabove set forth to make any protest or suggestion that may occur to them, and this hearing may continue from day to day until every interested party and citizen has had a full opportunity to be heard. M&C OCS-101 re There was presented Mayor and Council Communication No. OCS-101 from the Office of Appointing presid- the City Secretary recommending that a resolution be adopted appointing the presiding ing judges and judges and alternate presiding judges for the special City Council Election scheduled alternate presid- for May 5, 1990, and establishing the compensation for services as presiding judge, as ing ju de s alternate election judges, and as clerks of the election. Council Member Garrison made a motion, seconded by Council Member McCray, that the recommendation be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced a Council Member Garrison introduced a resolution and made a motion that it be Resolution i adopted. The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, Granger, McCray, and Webber NOES: INone ABSENT: Council Members Zapata and Chappell The resolution, as adopted, is as follows: Minutes of City Council 0-3 Page 325 326 Resolution No.. 1514 TUESDAY, MARCH 20, 1990 if RESOLUTION NO. 1514 WHEREAS, the City Council of the City of Fort Worth, Texas, on February 27, 1990, adopted Ordinance No. 10533 ordering a special election for the purpose of electing a City Council Member for District 7 to be held on May 5, 1990; and, WHEREAS, Section 32.005(a) of the Texas Election Code requires that the governing body of a political subdivision other than a county shall appoint the residing judges for elections ordered by an authority of the political subdivision; and, WHEREAS, Section 32.093 of the Texas Election Code provides that the City Council shall fix the compensation to be paid presiding judges and election clerks for their services in said election; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That attached hereto and expressly made a part hereof is a list marked Exhibit "A", which contains the names of those persons to be named as presiding judges and alternate presiding judges for the special City Council election scheduled for May 5, 1990. That the persons identified in Exhibit "A" as presiding judges are hereby appointed as presiding judges for those corresponding precincts for the purpose of conducting the special City Council election scheduled for May 5, 1990. That the persons identified in Exhibit "A" as alternate presiding judges are hereby appointed as alternate presiding judges for those corresponding precincts for the purpose of conducting the special City Council election scheduled for May 5, 1990. . Be it further resolved that, prior to said election, each presiding judge and alternate presiding judge shall attend Election School to be conducted by the Tarrant County Elections Administrator at the time and location so indicated in writing by the Tarrant County Elections Administrator. Be it further resolved that each presiding judge and alternate presiding judge shall receive compensation for his or her services as presiding judge, including attendance at Election School, in the amount of $5.00 per hour. Be it further resolved that each election clerk appointed by each presiding judge shall receive compensation for his or her services as election clerk in the amount of $5.00 per hour. Be it further resolved that the presiding judge, alternate presiding judge, or election clerk who delivers from his or her precinct to the Tarrant County Elections Administrator the precinct elections records, keys to the ballot boxes or other election equipment, and unused supplies after said election shall be compensated for that service in the amount of $25.00. EXHIBIT A DISTRICT 7 PRECINCT JUDGES ALTERNATE JUDGES 3001 Ted Hernandez Nina Jo Baker 3253 Daniel Lopez Rosalind Garcia 4002 Judy Langdon R.S. Lambert 4016 Lola Winder Maurine Johnston 4057 Jesse Pierrard Daniel Hernandez 4064 Jesse D. Sandoval Elena P. Sandoval 4086 Mac Churchill Joe L. Orr 4094/4345 John Morris Margaret Patoski 4116 Donald R. Curry Wallace Hutchison 4120/4274/4341 Viola Pitts Marshall Rainey 4125/4243 Doyle Fine Elmo Heerwald 4137 Perry Cockerell Margaret Dickie 4232*/4053* Dave Choate Rick Gomez 4252 M.E. "Pete" Mulry Patricia Callan 4285/4242*/4373 S.L. King Mary Jo Berry 4272/4113/4065 Junette Bryant Donald Bryant 4344 Nancy Wilson Jim Hunter 4376 Gladys Amerson Louise Medina M&C COS -102 re There was presented Mayor and Council Communication No. OCS-102 from the Office of Contract with the City Secretary stating that the City Council on February 27, 1990, adopted Tarrant County Ordinance No. 10533 calling a Special City Council Election to be held on May 5, 1990, Elections Admini- to fill the vacancy in District 7; that it is proposed to contract with the Tarrant strator ! County Elections Administrator for the partial administration of the election for a Minutes of City Council 0-3 Page 326 327 TUESDAY, MARCH 20, 1990 M&C OCS-102 cont. total fee not to exceed $17,000.00; that, should the total cost of the election services exceed $17,000.00, approval for payment in excess of $17,000.00 will be sought from the City Council at the appropriate time; that payment of $10,000.00 to the Tarrant County Elections Administrator is required on or before April 1, 1990, as partial payment with the balance to be paid within 30 days from the day of billing for same; stating that funds are available in Fund 01, Account No. 11-50-00-01; and recommending that a contract be authorized with Tarrant County Elections Administrator for the partial administration of the Special City Council Election to be held on May 5, 1990. Council Member Webber made a motion, seconded by Council Member McCray, that the recommendation be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Benefit Hearing It appearing to the City Council that the City Council on February 20, 1990, set BH -0003 today as the date for the benefit hearing in connection with the assessment paving of Hawthorne Avenue from 5th Avenue to Hemphill Street and that notice of the hearing has been given by publication in the Fort Worth Commercial Recorder, the official newspaper of the City of Fort Worth, Texas, on Februar�, 27, and 28, 1990, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public re BH -0003 Works, appeared before the City Council and called attention of the City Council to Mayor and Council Communication No. BH -0003, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF HAWTHORNE AVENUE FROM 5TH AVENUE TO HEMPHILL STREET, PROJECT NO. 67-040213 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 Hawthorne Avenue from 5th Avenue to Hemphill Street. DISCUSSION: The 1986 Capital Improvement Program approved in March, 1986, included funds for the improvement of Hawthorne Avenue from 5th Avenue to Hemphill Street. The existing street consists of HMAC pavement in poor condition with some curb and gutter constructed in 1963. It is located in the Mid -South Target Area, and Community Development Block Grant funds will finance 15 percent of the construction cost. On February 20, 1990 (M&C G-8473), the City Council established March 20, 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 9. PROPOSED IMPROVEMENTS: It is proposed to improve this segment of Hawthorne Avenue by constructing six-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb on a six-inch thick lime -stabilized subgrade so that the finished roadway will be thirty feet wide on a sixty foot right-of-way. Six-inch thick concrete driveway approaches will be constructed where shown on the plans. ASSESSMENTS: This street has previously been constructed to City standards and is located in a CDBG Target Area; therefore, in accordance with the Assessment Paving Policy, properties zoned and used for one- and two-family residences are not being assessed. An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. Based on standard City policy, the City Engineer's estimate and the advice of the independent appraiser, the cost of the construction has been computed at $21,412.00 (8%) for the property owners and $262,489.20 (92%) for the City of Fort Worth at large. The independent appraisal substantiates that, as a result of the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment. Mrs. Lunday re Mrs. Lunday advised the City Council that the report of Mr. Robert Martin regarding M&C BH -0007 i enhancements to property adjacent to Hawthorne Avenue from 5th Avenue to Hemphill Street has been presented to the City Council, and that Mr. Martin is available for questioning. Mr. Charles Starnes Mr. Charles Starnes, representing the Salvation Army, Inc., appeared before the re M&C BH -0003 City Council and advised the City Council that he would delay his comments until the next week's meeting if the hearing is to be continued for one week. Minutes of City Council 0-3 Page 327 328 TUESDAY, MARCH 20, 1990 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 Trail Lake Drive from Woodway Drive to Wedgmont Circle. OTSMISSTON! The 1986 Capital Improvement Program approved in March, 1986, included funds for the improvement of Trail Lake Drive from Woodway Drive to Wedgmont Circle. The existing street consists of HMAC pavement in poor condition with curb and gutter. The street section between Woodway Drive and Wedgway Drive was constructed in 1979 and is within the period covered for 100% credit to the adjacent property owners; therefore, there are no assessments for properties located in this section. Trail Lake Drive between Wedgway Drive and Wedgmont Circle was constructed in 1962. There is no credit for the pavement, and 30% credit is given for concrete curbs and driveways constructed to City standards. On February 20, 1990 (M&C G-8474), the City Council established March 20, 1990, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. The project is located in Council District 3. PROPOSED IMPROVEMENTS: It is proposed to improve this segment of Trail Lake Drive by constructing a six-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb over a two-inch thick asphaltic base on a six-inch thick lime treated subgrade so that the finished roadway will be forty feet wide on a seventy foot right-of-way. Six-inch thick concrete driveway approaches and four -inch thick concrete sidewalk will be constructed where specified on the plans. ASSESSMENTS: This street has previously been constructed to City standards; therefore, in accordance with the Assessment Paving Policy, properties zoned and used for one- and two-family residences are not being assessed. An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. Based on standard City policy, the City Engineer's estimate and the advice of the independent appraiser, the cost of the construction has been computed at $42,526.22 (10%) for the property owners and $389,995.98 (90%) 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. rs. Lunday re Mrs. Lunday advised the City Council that the report of Mr. Robert Martin regarding H-0004 enhancements to property adjacent to Trail Lake Drive from Woodway Drive to Wedgmont Circle has been presented to the City Council and that Mr. Martin is available for questioning. r. Garner Karnes Mr. Garner Karnes, representing Kenneth L. Karnes, Lot 20, Block 23, Wedgwood e BH -0004 Addition, which property is adjacent to Trail Lake Drive from Woodway Drive to Wedgmont Minutes of City Council 0-3 Page 328 There being no one else present desiring to be heard in connection with the assessment paving of Hawthorne Avenue from 5th Avenue to Hemphill Street, Council Member Webber made a motion, seconded by Council Member McCray, that the hearing be continued from day to day and time to time and especially to the City Council meeting of March 27, 1990, to give every interested party or citizen opportunity to be heard. When the motion was put to a vote by the Mayor, it prevailed unanimously. enefit Hearing H-0004 It appearing to the City Council that the City Council on February 20, 1990, set today as the date for the benefit hearing in connection with the assessment paving of Trail Lake Drive from Woodway Drive to Wedgmont Circle and that notice of the hearing has been given by publication in the Fort Worth Commercial Recorder, the official newspaper of the City of Fort Worth, Texas, on February 26, 27, and 28, 1990, Mayor Bolen asked if there was anyone present desiring to be heard. rs. Martha Lunday H-0004 Mrs. Martha Lunday, representing the Department of Transportation and Public Works, appeared before the City Council and called attention of the City Council to Mayor and Council Communication No. BH -0004, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF TRAIL LAKE DRIVE FROM WOODWAY DRIVE TO WEDGMONT CIRCLE (PROJECT NO. 67-040209) 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 Trail Lake Drive from Woodway Drive to Wedgmont Circle. OTSMISSTON! The 1986 Capital Improvement Program approved in March, 1986, included funds for the improvement of Trail Lake Drive from Woodway Drive to Wedgmont Circle. The existing street consists of HMAC pavement in poor condition with curb and gutter. The street section between Woodway Drive and Wedgway Drive was constructed in 1979 and is within the period covered for 100% credit to the adjacent property owners; therefore, there are no assessments for properties located in this section. Trail Lake Drive between Wedgway Drive and Wedgmont Circle was constructed in 1962. There is no credit for the pavement, and 30% credit is given for concrete curbs and driveways constructed to City standards. On February 20, 1990 (M&C G-8474), the City Council established March 20, 1990, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. The project is located in Council District 3. PROPOSED IMPROVEMENTS: It is proposed to improve this segment of Trail Lake Drive by constructing a six-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb over a two-inch thick asphaltic base on a six-inch thick lime treated subgrade so that the finished roadway will be forty feet wide on a seventy foot right-of-way. Six-inch thick concrete driveway approaches and four -inch thick concrete sidewalk will be constructed where specified on the plans. ASSESSMENTS: This street has previously been constructed to City standards; therefore, in accordance with the Assessment Paving Policy, properties zoned and used for one- and two-family residences are not being assessed. An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. Based on standard City policy, the City Engineer's estimate and the advice of the independent appraiser, the cost of the construction has been computed at $42,526.22 (10%) for the property owners and $389,995.98 (90%) 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. rs. Lunday re Mrs. Lunday advised the City Council that the report of Mr. Robert Martin regarding H-0004 enhancements to property adjacent to Trail Lake Drive from Woodway Drive to Wedgmont Circle has been presented to the City Council and that Mr. Martin is available for questioning. r. Garner Karnes Mr. Garner Karnes, representing Kenneth L. Karnes, Lot 20, Block 23, Wedgwood e BH -0004 Addition, which property is adjacent to Trail Lake Drive from Woodway Drive to Wedgmont Minutes of City Council 0-3 Page 328 329 TUESDAY, MARCH 20, 1990 H-0004 cont. Circle, appeared before the City Council and requested that the assessments against his property be waived. There being no one else present desiring to be heard in connection with the assessment paving of Trail Lake Drive from Woodway Drive to Wedgmont Circle, Council Member Garrison made a motion, seconded by Mayor Pro tempore Gilley, that the hearing be closed and that the assessments be levied as recommended with the exception that the assessment against Lot 20, Block 23, Wedgwood Addition, be set at $3,225.00, with the understanding that assessments would be waived if the house is constructed by the time final rolls are approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member Garrison introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by 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 Garrison, Granger, McCray, and Webber NOES: None ABSENT: Council Members Zapata and Chappell The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10546 10546 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF TRAIL LAKE DRIVE, FROM WOODWAY DRIVE TO WEDGMONT CIRCLE, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES ND PUBLIC FEMS 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. BH -0005 It appearing to the City Council that the City Council on February 20, 1990, set today as the date for the benefit hearing in connection with the assessment paving of Phoenix Drive from U.S. Highway 80W to Doreen Avenue and that notice of the hearing has been given by publication in the Fort Worth Commercial Recorder, the official newspaper of the City of Fort Worth, Texas, on February 26, 27, and 28, 1990, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Lunday, representing the Department of Transportation and Public Mrs. Martha Lunday Works, appeared before the City Council and called attention of the City Council to re BH -0005 Mayor and Council Communication No. BH -0005, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF PHOENIX DRIVE FROM U.S. HIGHWAY 80W TO DOREEN AVENUE (PROJECT NO. 67-040210) 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 Phoenix Drive from U.S. Highway 80W to Doreen Avenue. DTSMISSION: The 1986 Capital Improvement Program approved in March, 1986, included funds for the improvement of Phoenix Drive from U.S. Highway 80W to Doreen Avenue. The existing street consists of HMAC pavement in poor condition with curb and gutter constructed in 1960. On February 20, 1990 (M&C G-8475), the City Council established March 20, 1990, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. The project is located in Council District 3. PROPOSED IMPROVEMENTS: It is proposed to improve this segment of Phoenix Drive by constructing six-inch thick reinforced concrete pavement with a seven-inch high attached concrete curb on a six-inch thick lime -stabilized subgrade so that the finished roadway will be thirty feet wide on a fifty foot right-of-way. Six-inch thick concrete driveway approaches will be constructed where shown on the plans. Minutes of City Council 0-3 Page 329 330 TUESDAY, MARCH 20, 1990 BH -0005 cont. 11ASSESSMENTS: This street has previously been constructed to City standards; therefore, in accordance with the Assessment Paving Policy, properties zoned and used for one- and two-family residences are not being assessed. An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. Based on standard City policy, the City Engineer's estimate and the advice of the independent appraiser, the cost of the construction has been computed at $26,834.37 (23%) for the property owners and $91,258.33 (77%) for the City of Fort Worth at large. The independent appraisal substantiates that, as a result of the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment. Mrs. Lunday re Mrs. Lunday advised the City Council that the report of Mr. Robert Martin regarding BH -0005. enhancements to property adjacent to Phoenix Drive from U.S. Highway 80W to Doreen Avenue has been presented to the City Council and that Mr. Martin is available for questioning. Mayor Pro tempore Gilley advised the City Council that the Lake Granbury National Bank, owner of property in Lot CR1, Block 1, Western Hills Addition, Section 1, owes him money and he will not be voting on Mayor and Council Communication No. BH -0005. There being no one else present desiring to be heard in connection with the assessment paving of Phoenix Drive from U.S. Highway 80W to Doreen Avenue, Council Member Webber made a motion, seconded by Council Member Granger, that the hearing be closed and that the assessments be levied as recommended. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Council Members Garrison, Granger, McCray, and Webber NOES: None ABSENT: Council Members Zapata and Chappell NOT VOTING: Mayor Pro tempore Gilley Introduced an Council Member Webber introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Granger. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Council Members Garrison, Granger, McCray, and Webber NOES: None ABSENT: Council Members Zapata and Chappell NOT VOTING: Mayor Pro tempore Gilley The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10547 10547 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF PHOENIX DRIVE, FROM U.S. HIGHWAY 80 WEST TO DOREEN AVENUE, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING TO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. M&C G-8510 re There was presented Mayor and Council Communication No. G-8510 from the City reimbursement to Manager stating that Community Facilities Contract No. 14039, Huntington Village, - the developer of Phase II, Section I, which is within the original platting of Summerfields Addition, Summerfields i should have included a provision as specified in Mayor and Council Communication Addition 1 No. G-3977, dated November 1, 1978, for credit of ten percent calculated front foot charges for existing approach mains installed in Summerfields, Phase I. per City Contract No. 9235 which equals $7,003.00; that such provision inadvertently was omitted + in Community Facilities Contract No. 14039, and that Community Facilities Contract No. 14061, Huntington Village, Phase II, Section II, which also is within the original platting of Summerfields Addition, did include a provision as specified in Mayor and Council Communication No. G-3977 for credit of ten percent calculated front foot t Minutes of City Council 0-3 Page 330 n" IL TUESDAY, MARCH 20, 1990 M&C G-8510 cont. charges for existing approach mains installed in Summerfields Addition, Phase I, equal to $5,267.00; that it was not specific that such credits should be paid to the developer of Summerfields Addition rather than the developer of Huntington Village, Phase II, Section II; that the required improvements of Huntington Village, Phase I, Sections I and II, have been completed and the developer of Summerfields Addition has requested reimbursement for the front foot credits; and recommending that the City Council: 1. Authorize a bond fund transfer in the amount of $7,003.00 from Water Capital Improvement Fund 51, Project No. 015901-00, Unspecified to Water Capital Improvement Fund 51, Project No. 025363-00, Huntington Village, Phase II, Section 1. 2. Authorize a bond fund transfer in the amount of $5,267.00 from Water Capital Improvement Fund 51, Project No. 015901, Unspecified to Water Capital Improvement Fund 51, Project No. 025454-00, Huntington Village, Phase II, Section II. 3. Authorize payment of City reimbursement to the developer of Summerfields Addition, the Cambridge Companies, Inc. M&C GIJ8510 adopted It was the consensus of the City Council that the recommendations be adopted. M&C G1}8511 re There was presented Mayor and Council Communication No. G-8511 from the City appointment to the Manager stating that, under Chapter 372, Subchapter A, Section 372.008 of the Local Fort Worth Improve Government Code, the City Council has authority to appoint an advisory body with the me n t District No. 1, responsibility of developing and recommending an improvement plan to the Council; that Advisory Board the City Council -adopted Mayor and Council Communication No. G-8165 on August 15, 1989, which appointed a 26 -member advisory board for the reestablished Fort Worth Improvement District No. 1; that Downtown Fort Worth, Inc., with whom the City contracts for services and improvements within the district, has recommended that Mr. Jim Branch be added to the advisory board as a representative of St. Andrews Episcopal Church; and recommending that the City Council approve the appointment of Jim Branch to the Fort Worth Improvement District No. 1 Advisory Board, with a membership consisting of 27 members. It was the consensus of the City Council that the recommendation be adopted. M&C G-8512 re There was presented Mayor and Council Communication No. G-8512 from the City amending the Manager recommending that an ordinance be adopted amending the Fort Worth Plumbing Fort Worth Plumb- Code, codified as Chapter 26 of the City Code, deleting the words "and Appendix C" from ing Code Exception No. 1 of Section 1.1 of Section 26-2(a) and by changing the word "Board of Plumbers" to read "Plumbing Board" where applicable. It was the consensus of the City Council that the recommendation be adopted. Introduced anCouncil Member Granger introduced an ordinance and made a motion that it be ordinance adopted. The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, Granger, McCray, and Webber NOES: None ABSENT: Council Members Zapata and Chappell The ordinance, as adopted, is as follows: Ordinance Noa. ORDINANCE NO. 10548 10548 AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY DELETING THE WORDS AND APPENDIX C FROM EXCEPTION NO. 1 OF SECTION 1.1 OF SECTION 26-2(a) THEREOF, AND BY CHANGING THE WORDS "BOARD OF PLUMBERS" TO READ "PLUMBING BOARD" WHEREVER APPLICABLE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Exception No. 1 of Section 1.1 of Section 26-2(a) of Chapter 26 of the Code of the City of fort Worth (1986), as amended, is hereby amended to read as follows: "EXCEPTION NO. 1. The following chapters, sections and appendices of this Code shall be applicable to all plumbing installations within the City of Fort Worth, regardless of when they were installed: "S319, S320, S501, S704, S1001, S1002, S1003, S1007, S1101, S1213, S1307, S1309, S1316, 51317, S1318, and Chapter 9." Minutes of City Council 0-3 Page 331 332 Ordinance No. 10548 cont. TUESDAY, MARCH 20, 1990 SECTION 2. That Section 26-2(b), of Chapter 26 of the Code of the City of Fort Worth (1986), as amended, is hereby amended so that "Board of Plumbers" as referenced throughout, is changed to read "Plumbing Board". SECTION 7. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00) for all violations involving fire safety or public health and sanitation and shall be fined not more than Two Hundred Dollars ($200.00) for all other violations of this ordinance. Each day or any portion thereof during which any violations of this ordinances occurs or continues shall be deemed a separate offense and upon conviction thereof shall be punishable as herein provided. SECTION 8. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and Sections 1, 2, 7, 8, 9 and 10 of this ordinance in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 9. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections 1, 2, 7, 8, 9 and 10 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Art. 1176b-1, Revised Civil Statutes of Texas. SECTION 10. The ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. M&C G-8513 re There was presented Mayor and Council Communication No. G-8513 from the City fund transfer Manager recommending that a fund transfer in the amount of $47,778.00 be authorized from Sewer Capital Improvement Fund 84, Project No. 011000-00, Sewer Interest, to Sewer Capital Improvement Fund 84, Project No. 016001-00, for the construction contract of the 24 MGD Expansion, Phase IIA, Village Creek Wastewater Treatment Plant. It was the consensus of the City Council that the recommendation be adopted. M&C G-8514 re' ted Mayor and Council Communication No. G-8514 from the City settlement of law There was presen suit with Manager, as follows: f Delores Hoggard SUBJECT: PROPOSED SETTLEMENT OF LAWSUIT STYLED: DELORES HOGGARD V. CITY OF FORT WORTH AND THE TEXAS EMPLOYMENT COMMISSION, CAUSE NO. 236-123652-89 RECOMMENDATION: It is recommended that the City Council approve the settlement of the lawsuit entitled Delores Hoggard v. the City of Fort Worth and Texas Employment Commission, and authorize the City Manager to expend the sum of $17,623.05 plus taxable court costs for the settlement agreed to by the Plaintiffs, their attorney and the City of Fort Worth. DISCUSSION: This matter began on April 7, 1989, when Ms. Hoggard's employment as executive secretary in the Fire Department was terminated for cause. Ms. Hoggard retained counsel and appealed her termination to the Personnel Commission. At the same time she filed for unemployment benefits through the Texas Employment Commission. The Texas Employment Commission ("T.E.C.") subsequently ruled that Ms. Hoggard had been wrongfully terminated and was entitled to receive unemployment benefits. The sum of $5,460.00 was paid to Ms. Hoggard by the T.E.C. and was charged back to the City. The City appealed this action to District Court under the above -stated cause number. As an incidental expenditure, the City required the legal opinion of a tax specialist regarding some of the issues raised and, thus, incurred fees for services rendered by John W. Michener of Gandy, Michener, Whitaker, attorneys. Ms. Hoggard's Personnel Commission hearing began on January 24, 1990. During the hearing, the parties entered into negotiations which resulted in an agreement to settle the case. The settlement agreement states that Ms. Hoggard will not return to work in the Fire Department but will be given Minutes of City Council 0-3 Page 332 TUESDAY, MARCH 20, 1990 f If M&C G-8514 cont. a comparable position in another department; that the City will reimburse her back pay and benefits since the date of her termination; that the City will pay her court costs and attorney fees; and that the City will receive full credit for the amounts charged to the City by the T.E.C. for Ms. Hoggard's unemployment benefits. The net amount to be paid by the City is $17,623.05 as itemized below: Back pay and benefits $17,762.00 Deduction for taxes, insurance, etc. -4,903.95 Subtotal 12,858.05 Ms. Hoggard's attorney fees $ 8,750.00 21,608.05 Credit for refund of unemployment benefits -5,460.00 Net amount payable to Ms. Hoggard $16,148.05 Outside counsel fees incurred on behalf of City $ 1,475.00 TOTAL CASH OUTLAY $17,623.05 While admitting no liability, but to avoid further and costly litigation, the Fire Department and the Department of Law recommend payment of the amounts specified to effect settlement of this matter. FINANCING: Sufficient funds are available for this purpose from the City Fire Department budget, Fund 01, Account No. 36-10-00. The expenditure will be made from Index Code Number 275644. M&C G-8514 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. G-8514, be adopted. M&C G-8515 re CDBG Year XVI There was presented Mayor and Council Communication No. G-8515 from the City Grant Application Manager, as follows: SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) YEAR XVI - PROPOSED FINAL STATEMENT OF OBJECTIVES, PROJECTED USE OF FUNDS, AND DISPLACEMENT PLAN RECOMMENDATION: It is recommended that the City Council: 1. Approve the attached Final Statement of Objectives, Projected Use of Community Development Block Grant (CDBG Year XVI Funds and Displacement Plan; 2. Authorize the City Manager to submit and accept the CDBG Year XVI Grant Application to the U.S. Department of Housing and Urban Development (HUD); for the program year June 1, 1990 through May 31, 1991 in the amount of $4,727,200; 3. Authorize the Accounting Division of the Finance Department, subject to HUD approval and the City Manager's acceptance of the grant, to establish the CDBG Year XVI project account in the City of Fort Worth financial accounting system; 4. Apply indirect cost rates in accordance with the City's Administrative Regulation 3-15 (apply the 1990 rate of 20.45 percent which represents the most recently approved rate for this department) and apply the new approved indirect cost rates when available; 5. Accept such additional funds from (HUD) for this grant as may become available; and 6. Reserve in Unprogrammed Funds $15,000 for Polytechnic Main Street Project for future project funding considerations. DISCUSSION: The assistance program number from the catalogue of Federal Domestic Assistance (d) is 14-218. The nature of the CDBG program is the development of viable communities by providing decent housing and suitable living environment and expanding economic opportunities, principally for persons of low and moderate income. The primary objectives of the program are to: 1. Achieve self-sustaining revitalization of neighborhoods; 2. Conserve existing structurally -sound housing stock; 3. Increase the quantity and improve the quality of both owner and rental housing available to low and moderate income people; Minutes of City Council 0-3 Page 333 334 TUESDAY, MARCH 20, 1990 4. $90,000 in reallocation of residual funds from past years. Attached is a comparison of the CDBG Year XV and XVI budgets. The total funds available for CDBG Year XVI represents a decrease of $218,800 from Year XV. The primary emphasis of the proposed budget for Year XVI is in the area of Housing (52.6%). The Fiscal Year 1989-90,indirect cost rate of 20.45% will be applicable until the new indirect cost rates are available. Based on the population characteristics (extent of poverty, population, community need) of the City of Fort Worth HUD provides an annual entitlement amount for Community Development Block Grant activities. No matching funds are needed. Items from the CDBG Year XV Budget not funded in Year XVI: 1) Innovative Housing An amount of $100,000 remains in this program to provide matching or seed money for new housing initiatives. 2) NHS Northside Revolving Loan Fund The amount of $100,000 is not included because it was funded in Year XV as a one-time project. 3) Neighborhood Projects The amount of $40,000 was used to provide leveraging or "seed" money for neighborhood projects, awarded to neighborhood groups on a competitive basis. This project is funded in alternate years. 4) Southside Multi -Purpose Center Renovation Reimbursement Year XV served as a final payment of $437,500 for money borrowed from street construction funds to renovate the Southside Multi -Purpose Center. 5) Diamond Hill Child Care The amount of $10,000 was used to subsidize pre-school child care to enable low and moderate income parents to train for or retain jobs. The contract which began in January, 1990 is with Diamond Hill United Methodist Church. Additional items to be funded in Year XVI: The following are programs to be funded in Year XVI, in addition to those currently funded in Year XV. Minutes of City Council 0-3 Page 334 M&C G-8515 cont. 4. Affirmatively promote equal housing opportunity; 5. Improve those community facilities that contribute to the self-sustaining revitalization of neighborhoods; 6. Promote the affordability of housing for low and moderate income residents; 7. Encourage private sector investment in low and moderate income neighborhoods; 8. Create a more positive image of low and moderate income neighborhoods; 9. Encourage resident involvement in, and commitment to, their neighborhoods; 10. Achieve economic self-sufficiency of low and moderate income households as a central means of creating viable neighborhoods; 11. Serve the largest practicable number of low and moderate income residents consistent with the achievement of other program goals; and 12. Encourage networking and creative partnerships among all sectors of the community. The total amount available for CDBG Year XVI (June 1, 1990 through May 31, 1991) is $5,067,200, which consists of the following: 1. $4,727,200 - Entitlement (basic grant from HUD); 2. $200,000 in program income projected to be generated in Year XVI from housing loans and the Urban Development Action Grant (UDAG) - funded Hyatt Hotel Parking Garage; 3. $50,000 in CDBG Year XV program income carried forward to CDBG Year XVI; and 4. $90,000 in reallocation of residual funds from past years. Attached is a comparison of the CDBG Year XV and XVI budgets. The total funds available for CDBG Year XVI represents a decrease of $218,800 from Year XV. The primary emphasis of the proposed budget for Year XVI is in the area of Housing (52.6%). The Fiscal Year 1989-90,indirect cost rate of 20.45% will be applicable until the new indirect cost rates are available. Based on the population characteristics (extent of poverty, population, community need) of the City of Fort Worth HUD provides an annual entitlement amount for Community Development Block Grant activities. No matching funds are needed. Items from the CDBG Year XV Budget not funded in Year XVI: 1) Innovative Housing An amount of $100,000 remains in this program to provide matching or seed money for new housing initiatives. 2) NHS Northside Revolving Loan Fund The amount of $100,000 is not included because it was funded in Year XV as a one-time project. 3) Neighborhood Projects The amount of $40,000 was used to provide leveraging or "seed" money for neighborhood projects, awarded to neighborhood groups on a competitive basis. This project is funded in alternate years. 4) Southside Multi -Purpose Center Renovation Reimbursement Year XV served as a final payment of $437,500 for money borrowed from street construction funds to renovate the Southside Multi -Purpose Center. 5) Diamond Hill Child Care The amount of $10,000 was used to subsidize pre-school child care to enable low and moderate income parents to train for or retain jobs. The contract which began in January, 1990 is with Diamond Hill United Methodist Church. Additional items to be funded in Year XVI: The following are programs to be funded in Year XVI, in addition to those currently funded in Year XV. Minutes of City Council 0-3 Page 334 335 TUESDAY, MARCH 20, 1990 M&C G-8515 cont. 1) Paint Projects Target Areas The amount of $20,000 will be used to provide leveraging or "seed" money for neighborhood projects, awarded to neighborhood groups on a competitive basis. 2) Southside Multi -Purpose Center Parking Lot Reimbursement_ The amount of $100,000 will reimburse street construction fund for money used to reconstruct parking lot and correct past drainage problems. 3) Worth Heights Multi -Purpose Center Parking Lot The amount of $250,000 will be additional space for parking on (Recommended by Risk Management). 4) Diamond Hill Facility 5) 6) used for parking lot reconstruction and land acquired from Tarrant County. CDBG funds in the amount of $400,000 are to be matched by Capital Improvement Program (CIP) funds if a community center is constructed for the Diamond Hill area. There is a possibility that the next CIP will be delayed until at least the latter part of 1990. Without CIP matching funds there will not be sufficient funding to construct a community center. In addition, there are concerns by city departments that they will be unable to staff a community center if it is constructed, given the projected budgetary constraints. Another option is to fund community center. There are no construction of additional preliminary discussion with feasibility of this option. Liberation Communities the expansion of an existing non-profit commitments to any non-profit agency for space. The staff has however held a United Community Center to discuss the The amount of $40,000 will be used to screen an clients and assist in making arrangements rehabilitation of selected Polytechnic homes. Of $8,000 is for program administration and $32,000 loan. Diamond Hill Child Care Assistance (FWISD) d qualify prospective for purchase and the amount allocated, is for a revolving The amount of $10,000 will be used to subsidize pre-school child care to enable teenage parents to complete high school. This program will be modeled after the Polytechnic child Care Program at Polytechnic High School. UNPROGRAMMED FUNDS: Unprogrammed Funds in the amount of $127,323 are available in the CDBG Year XVI Application. To address City Council concerns regarding funding for the operations of the Polytechnic Main Street Program, $15,000 will be reserved in Unprogrammed Funds for this project. On November 25, 1986, City Council authorized (M&C C-9998) for execution of a contract in the amount of $26,500 with Texas Wesleyan University (TWU), as a match for funds received from the Structured Education and Economic Development Corporation (SEEDCO) to administer the Polytechnic Main Street Project. In a letter dated February 2, 1989, SEEDCO urged the City's support for the Polytechnic Heights Main Street Program in order to leverage SEEDCO funds at a very important time for the project. On April 25, 1989, City Council authorized (M&C C-11609) for a Year XV contract (June 1, 1989 through May 31, 1990), in the amount of $15,000 to be used as a match for the $26,500 grant from SEEDCO thus leveraging SEEDCO funds as requested. City staff has concerns as to whether the current Polytechnic Heights Main Street activities will meet the stricter interpretation of eligible economic development activities established by the Department of Housing and Urban Development (HUD). HUD will be asked to develop an opinion specifically addressing the eligibility of the Polytechnic Heights Main Street Program. Should HUD's eligibility determination be delayed beyond June 1, 1990, private funds have been committed in the amount of $60,000 for the operation of Polytechnic Heights Main Street Program. Therefore, services should continue without interruption. In the event that HUD determines the project to be ineligible, the funds can be reprogrammed into other neighborhood projects. Otherwise, the main street activities will be funded as requested. Minutes of City Council 0-3 Page 335 336 TUESDAY, MARCH 20, 1990 M&C G-8515 cont. The Community Development Council unanimously approved the CDBG Year XVI. and adopted Proposed Statement of Objectives and Projected Use of Funds on February 12, 1990. Input was received from community residents and agency representatives on December 11, 1989. . M&C G-8517 re On motion of Mayor Pro tempore Gilley, seconded by Council Member Granger, the payment to the recommendations, as contained in Mayor and Council Communication No. G-8515, were State Department of adopted. M&C G-8516 re cont. for one week There was presented Mayor and Council Communication No. G-8516 from the City Transportation Manager stating that Fort Worth is one of 12 sites in the United States to hold a Kennedy Center -sponsored Imagination Celebration; that more than 40,000 local school children will participate in the week-long series of programs and performances; that the Fort Worth Independent School District is contributing approximately $40,000.00 toward expenses for the event, and the local planning committee has endorsements and/or contributions from the Texas Commission on the Arts, Texas Alliance for Arts and Education and dozens of local organizations; and recommending that Will Rogers Memorial Center rental fee of $23,900.00 be waived for the Imagination Celebration on March 27, through April 6, 1990. Mayor Pro tempore Gilley made a motion, seconded by Council Member Granger, that the consent agenda be reconsidered at this time and that Mayor and Council Communication No. G-8516 be removed from the consent agenda. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mayor Pro tempore Gilley advised City Council that he serves on the Board for the Imagination Celebration and will not vote on Mayor and Council Communication No. G-8516. Council Member Webber advised the City Council that she also serves as a board member for the Imagination Celebration and that she will not be voting on Mayor and Council Communication No. G-8516. 1. Authorize the following fund transfer: FROM TO AMOUNT REASON 49-136113-00 49-136048-00 $40,000.00 To cover City's Alliance Boulevard Alliance share of right - Street and Storm Interchange of -way cost. Drain at I -35W 2. Authorize the City Manager to pay an additional $40,000.00 to the State Department of Highways and Public Transportation (SDHPT) for utility relocation and to compensate the Mount Olivet Cemetery Association for extraordinary costs associated with the SDHPT's acquisition of right-of-way for the IH-35W/Alliance Boulevard Interchange. It was the consensus of the City Council that the recommendation be adopted. (See subsequent action taken by City Council.) Minutes of City Council 0-3 Page 336 Council Member Garrison made a motion, seconded by Council Member McCray, that consideration of Mayor and Council Communication No. G-8516, Waiver of Will Rogers Memorial Center Rental Fee for the Imagination Celebration, be continued for one week. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-8517 re There was presented Mayor and Council Communication No. G-8517 from the City payment to the Manager stating that the City Council accepted the State Department of Highways and State Department of Public Transportation Minute Order No. 89068 on August 8, 1989, by Mayor and Council Highways and Public Communication No. G-8156 relating to the design and construction of Alliance Boulevard Transportation and Park Vista (Eagle Parkway) interchanges and appurtenances on I -35W in the vicinity of Alliance Airport; that the City Manager was authorized on November 7, 1989, by Mayor and Council Communication No. C-11981 to pay $33,800.00 to the State Department of Highways and Public Transportation for the City's ten percent share of the estimated cost of purchasing right-of-way from the Mount Olivet Cemetery Association; that the City Manager on January 2, 1990, by Mayor and Council Communication No. G-8448 was authorized to pay $149,294.00 to the SDHPT to compensate Mount Olivet Cemetery Association for extraordinary costs associated with the right-of-way acquisition; that Mount Olivet Cemetery had requested that, in addition to the fair market value of its property, it be provided with an approved set of plans for the construction of an access road from the proposed IH -35W east frontage road into the cemetery, and that it be paid in advance for the cost of constructing the access road; that, in addition to the City's share of cost increase of $31,885.00, MOCA requested and received a proposal from a local construction company to construct the access road into cemetery property; that the price quoted by the contractor exceeded the estimate as provided by the City's consultant for the project by $35,522.00; that the City also committed to pay the cost of relocating existing utilities which would conflict with the interchange construction, currently estimated at approximately $12,000.00; that to complete the necessary- acquisition and utility relocations requires an additional $80,000.00 in City share cost; that the Perot Group, owner and developer of much of the land that would be directly benefited by the installation of the new interchange, has agreed to provide half of the shortfall, or $40,000.00; and recommending that the City Council: 1. Authorize the following fund transfer: FROM TO AMOUNT REASON 49-136113-00 49-136048-00 $40,000.00 To cover City's Alliance Boulevard Alliance share of right - Street and Storm Interchange of -way cost. Drain at I -35W 2. Authorize the City Manager to pay an additional $40,000.00 to the State Department of Highways and Public Transportation (SDHPT) for utility relocation and to compensate the Mount Olivet Cemetery Association for extraordinary costs associated with the SDHPT's acquisition of right-of-way for the IH-35W/Alliance Boulevard Interchange. It was the consensus of the City Council that the recommendation be adopted. (See subsequent action taken by City Council.) Minutes of City Council 0-3 Page 336 't'337 TUESDAY, MARCH 20, 1990 M&C .P-4116 re There was presented Mayor and Council Communication No. P-4116 from the City purchase of a Manager submitting a tabulation of bids received for the purchase of a Hercules engine Hercules engine for the City Services Department; stating that purchases will be charged to City Services Fund 61, Inventory Subsidiary Account No. 141-000270; and recommending that lots be cast to determine the vendor inasmuch as identical bids were submitted by Cantwell Equipment Company and Waukesha -Pearce Industries, Inc., in the amount of $4,095.00 plus freight. Following the bids by Mr. Judson Bailiff, representing Waukesha -Pearce Industries, Inc., and Mr. Ben Allen, representing Cantwell Equipment Company, Mayor Pro tempore Gilley made a motion, seconded by Council Member McCray, that the purchase of a Hercules engine be awarded to Waukesha -Pearce Industries, Inc. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C P-4117 re There was presented Mayor and Council Communication No. P-4117 from the City purchase of three Manager submitting a tabulation of bids received for the purchase of three 20 -foot 20 -foot bulky bulky waste beds for the City Services Department; stating that funds are available in waste beds Solid Waste Fund 64, Account No. 21-10-03, Index Code 237206; and recommending that the purchase be made from Fort Worth Truck Supply on its low bid, meeting City specifications, of $5,200.00 each for a total of $15,600.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-4118 re purchase with Burly There was presented Mayor and Council Communication No. P-4118 from the City Corporation Manager stating that a one-year purchase agreement containing a one-year option for renewal was authorized on February 7, 1989, by Mayor and Council Communication No. P-3195 with Burly Corporation to provide trash and debris removal from substandard housing; that the service has been satisfactory and the vendor has agreed to hold 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 authorize: 1. Exercising the option for renewal to the purchase agreement with Burly Corporation to provide removal of trash and debris on the unit prices as follows: ITEM DESCRIPTION AMOUNT 1 Manual Removal of 0-5 cu. yds. $ 21.33/cu. yd. 2 Manual Removal of 5-7 cu. yds. $ 21.10/cu. yd. 3 Manual Removal of 7-10 cu. yds. $ 18.49/cu. yd. 4 Manual Removal of 10-16 cu. yds. $ 17.49/cu. yd. 5 Manual Removal of over 16 cu. yds. $ 17.00/cu. yd. 6 Manual Removal in 10 cu. yd. increments $179.00/per 10 cu.yds. 7 Removal by equipment of 0-5 cu. yds. $ 42.33/cu. yd. 8 Removal by equipment of 5-7 cu.•yds. $ 42.10/cu. yd. 9 Removal by equipment of 7-10 cu. yds. $ 36.49/cu. yd. 10 Removal by equipment of 10-16 cu. yds. $ 35.49/cu. yd. 11 Removal by equipment of over 16 cu. yds. $ 35.00/cu. yd. 12 Removal by equipment in 10 cu. yd. increments $349.00/per 10 cu.yds. 2. Allow all City departments to participate in this agreement, if needed, effective date of authorization and end one year later. M&C P -4118,7 -adopted It was the consensus of the City Council that the recommendations be adopted. M&C P-4119 re There was presented Mayor and Council Communication No. P-4119 from the City purchase agreement Manager stating that a purchase agreement, with a renewal option for one additional with DX Systems, year, was authorized on May 23, 1989, by Mayor and Council Communication No. P-3475 Inc. with Dixie Chlor Systems to supply swimming pool chemicals for the Park and Recreation Department; that the vendor has furnished chemicals at a satisfactory level and has agreed to the extension of the agreement for one additional year at original quoted prices; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that the City Council: 1. Authorize the option for renewal of purchase agreement with DX Systems, Inc., for the purchase of swimming pool chemicals for the Park and Recreation Department on the bid, meeting City specifications, of unit prices, f.o.b. Fort Worth, as follows: M&C P-4119 adopted M&C P-4120 re purchase of one articulating crane (A) DX Systems, Inc. (Formerly Dixie Chlor Systems) Fort Worth, TX Item 1: Liquid Bleach (Sodium Hypochlorite) $1.05/gallon Item 2: Muriatic Acid $1.30/gallon 2. Authorize the renewal option of the purchase agreement to become effective May 23, 1990, and end May 22, 1991. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. P-4120 from the City Manager submitting a tabulation of bids received for the purchase of one articulating Minutes of City Council 0-3 Page 337 338 TUESDAY, MARCH 20, 1990 M&C P-4120 cont. crane for the Park and Recreation Department; stating that funds are available in $2.50 General Fund 01, Account No. 80-20-80, Index Code 305151; and recommending that the $ 19.50 purchase be made from Coastal Equipment Company on its low bid, meeting specifications, 2-1/2# ABC of $22,900.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that $ 6.00 the recommendation be adopted. M&C P-4121 re purchase of two There was presented Mayor and Council Communication No. P-4121 from the City 62.0 GVWR rear Iloading Manager submitting a tabulation of bids received for the purchase of two 62.0 GVWR rear loading refuse '`` refuse trucks for the City Services Department; stating that funds are trucks available in City Services/Solid Waste Fund 64, Account No. 21-10-02, Index Code $ 9.00 236844; and recommending that the purchase be made from Southwestern Equipment on its 70 low bid, meeting specifications, of $168,644.00 net, f.o.b. Fort Worth. On motion of $2.50 Mayor Pro tempore Gilley, seconded by Council Member McCray, the recommendation was $ 42.50 adopted. M&C P-4122 re purchase of labor, There was presented Mayor and Council Communication No. P-4122 from the City materials, and Manager submitting a tabulation of bids received for the purchase of labor, materials, equipment and equipment to make repairs to the chiller pumps for the Transportation and Public $2.50 Works Department; stating that funds are available in General Fund 01, Account $ 68.50 No. 20-50-02, Index Code 234401; and recommending that the purchase be made from Paco 20# ABC WITH CO2 Pumps in the amount of $29,948.00 net, f.o.b. Fort Worth. It was the consensus of the $26.50 City Council that the recommendation be adopted. M&C P-4123 re purchase agreement There was presented Mayor and Council Communication No. P-4123 from the City with Ingersoll -Ran Manager submitting a quotation received for replacement parts for Davey air compressors Company and purification systems for City departments; stating that budgeted funds are 30# ABC sufficient to cover the anticipated expenditure by each department participating in $30.00 this agreement; and recommending that the City Council authorize a purchase agreement 26 with Ingersoll-Rand Company on its quotation of dealer's list price net, f.o.b. Fort $2.50 Worth, with terms of agreement to become effective date of authorization by City $175.00 Council and expire one year later, with option to renew for one year. It was the cartridge consensus of the City Council that the recommendations be adopted. M&C P-4124 re purchase agreement There was presented Mayor and Council Communication No. P-4124 from the City with Acosta Clean- Manager stating that the City Council authorized a one-year purchase agreement with two ing Services one-year options to renew with Acosta Cleaning Services on May 3, 1988, by Mayor and Council Communication No. P-2620 for the cleaning of five City buildings (Nashville Avenue Police Sector Building, Northside Police Sector Building, Westside Police Sector Building, Fire Dispatch Building, and Electronic Services Building); that the • department is satisfied with the service, and the vendor has agreed to hold prices firm for the final option year; stating that funds are available in General Fund 01, Account No. 20-50-03, Index Code 222745; and recommending that the City Council exercise the final renewal option of the purchase agreement with Acosta Cleaning Service to provide janitorial services for $2,490.00 per month for an amount not to exceed $29,880.00 annually net, f.o.b.-Fort Worth, Texas, with the term of the agreement to be effective May 3, 1990, through April 30, 1991. It was the consensus of the City Council that the recommendations be adopted. M&C P-4125 re purchase agreement There was presented Mayor and Council Communication No. P-4125 from the City with Fort Worth Manager, as follows: Fire Extinguishers SUBJECT: PURCHASE AGREEMENT WITH OPTION FOR RENEWAL FOR FIRE EXTINGUISHERS AND SERVICE WITH FORT WORTH FIRE EXTINGUISHER AND BECK INDUSTRIES FOR ALL CITY DEPARTMENTS RECOMMENDATION: It is recommended that the City Council authorize: 1. The bid for portable fire extinguishers and service for all City departments to be awarded to Fort Worth Fire Extinguisher, Inc., based on low bid of unit prices, net, f.o.b. Fort Worth, as follows: ITEM AMOUNT BID PURCHASE OF EXTINGUISHERS (INCLUDING ESTIMATED ABC DRY CHEMICAL INSPECTION COST RECHARGE COST TAGS, SEALS QUANTITY EXTINGUISHERS PER UNIT PER UNIT AND PENS CATFGORY I 10 #2 ABC $2.50 $ 5.00 $ 19.50 25 2-1/2# ABC $2.50 $ 6.00 $ 19.50 65 #5 ABC $2.50 $ 8.00 $ 29.50 10 #6 ABC $2.50 $ 9.00 $ 32.00 70 10# ABC $2.50 $12.00 $ 42.50 5 15# ABC $2.50 $12.00 $ 42.50 105 20# ABC $2.50 $19.00 $ 68.50 120 20# ABC WITH CO2 $2.50 $26.50 $138.00 cartridge 10 30# ABC $2.50 $30.00 N/A 26 30# ABC WITH CO2 $2.50 $37.50 $175.00 cartridge Minutes of City Council 0-3 Page 338 M&C P-4125 cont. CATEGORY II TUESDAY, MARCH 20, 1990 BC DRY CHEMICAL EXTINGUISHERS 5 2-3/4# BC $2.50 10 2-1/2# BC $2.50 20 5# BC $2.50 30 10# BC $2.50 50 20# BC $2.50 4 30# BC $2.50 CATEGORY III CO2 EXTINGUISHERS 18 5# CO2 $2.50 10 10# CO2 $2.50 137 15# CO2 $2.50 5 20# CO2 $2.50 CATEGORY IV including brackets and labor MISCELLANEOUS PORTABLES Cost per unit for wall bracket 10 2-1/2# Halon $2.50 1 20# Purple K $2.50 2 H9BC369 9# Halon $2.50 2 5BC Halon $2.50 120 2-1/2 gallon water :' $2.50 • pressure *5 10# 10A dry chemical N/A *1 Sentry Model SY1014 Dry N/A RECHARGE COST Chemical QUANTITY SYSTEMS PER UNIT CATEGORY VI $ 5.00 $ 5.00 $ 7.00 $10.50 $17.50 $28.00 $ 4.50 $ 5.00 $ 6.50 $12.00 $17.50 $10.00 $10.00 $35.00 -20% parts N/A N/A $ 19.50 $ 19.50 $ 29.75 $ 42.50 $ 61.80 N/A $ 86.00 $115.00 $127.50 $150.50 $ 35.50 $ 67.55 N/A $ 51.00 $ 49.75 N/A N/A Cost per unit for inspections at City locations $ 2.50 Cost per unit for Hydrostatic testing of dry chemicals $ 10.00 extinguishers Cost for replacement of outside cartridge $ 7.50 Cost per unit for installation of City -owned extinguishers $ 6.00 including brackets and labor Cost per unit for wall bracket $ 1.75 2. Awarding the bid for certain fire extinguisher systems and service for any City department to Beck Industries based on low bid of unit prices, net, f.o.b. Fort Worth as follows: ITEM AMOUNT BID PURCHASE OF EXTINGUISHERS TYPE (INCLUDING ESTIMATED DRY CHEMICAL INSPECTION COST RECHARGE COST TAGS, SEALS QUANTITY SYSTEMS PER UNIT PER UNIT AND PENS CATEGORY V 2 Kidde Sentinel $50.00 $ 87.50 $1,250.00 HDR -25 DC Dry Chemical Systems 2 Kidde Sentinel $65.00 $125.00 $1,750.00 HDR -50 Dry Chemical - Automatic System 3. Agreement to become effective date of authorization and end one year later with option to renew. All terms are net, f.o.b. Fort Worth. * Bid lines for Dry Chemical System, Sentry SY1014, and Dry Chemical 10# 10A were judged by vendors as incomplete or contradictory. They are recommended for award with other portable extinguishers to Fort Worth Fire Extinguisher at $2.50 for inspection, $12.00 for recharge, if indeed, they turn out to be the same as bid lines 13, 14, 40 and 41. Invitations to bid were mailed to ten prospective bidders, eight vendors did not respond. Bid was advertised in the Fort Worth Commercial Recorder February 8 and 15, 1990. Last purchase award April 4, 1989 Minutes of City Council 0-3 Page 339 339 310 TUESDAY, MARCH 20, 1990 M&C P-4125 cont. 11 THIS BID LAST BID Inspection $ 2.50 ea. $ 1.00 ea. Recharge of Extinguishers (Range) $ 3.80 to $ 40.00 ea. $ 5.00 to $ 37.50 ea. Purchase of Extinguishers (Range) $19.50 to $175.00 ea. $11.00 to $150.00 ea. BID TABULATION: See bid tabulations attached. COMMENTS ON SPECIFICATIONS: Vendors were invited to furnish prices firm for one year to inspect, recharge as necessary and furnish for outright purchase as necessary, various sizes and types of fire extinguishers, in compliance with the 1988 Uniform Fire Code. Bidders were required to be licensed by both the State of Texas and Fort Worth Fire Department. nT Crl ICCT nN The prior year award had one more option for renewal; however, vendor stated they could not renew at same prices. City departments use this agreement to maintain fire extinguishers in all City buildings and Fire Department vehicles. FINANCING: Budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement. All purchase orders issued against this agreement will be reviewed by Purchasing for sufficiency of funds prior to release. M&C P-4125 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. P-4125, be adopted. M&C P-4126 re purchase agreement There was presented Mayor and Council Communication No. P-4126 from the City with Beall Concrete Manager submitting a tabulation of bids received for a purchase agreement with option for renewal to provide concrete sand for City departments; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that a one-year purchase agreement be authorized with Beall Concrete, Inc., in the amount of $7.29 per ton, effective upon date of authorization and ending one year later or upon date option for renewal is authorized. It was the consensus of the City Council that the recommendations be adopted. M&C P-4127 re purchase agreement There was presented Mayor and Council Communication No. P-4127 from the City with Inotek Manager submitting a tabulation of bids received for a purchase agreement for instrument repair and calibration for City department; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that the City Council: 1. Authorize a purchase agreement for instrument repair and calibration with Inotek on the low overall bid of unit prices, as follows: INSTRUMENT REPAIR AMOUNT BID 1. Fluke Model 77 $ 25.00/flat rate 2. Fluke Model 23 $ 25.00/flat rate 3. Fluke Model 85 $ 25.00/flat rate 4. Fluke Model 87 $ 25.00/flat rate 5. Simpson Model 260 $ 35.00/flat rate 6. Simpson Model HE -95 $ 35.00/flat rate 7. Foxboro 8120-6 $500.00/flat rate 8. Foxboro 1090 $250.00/flat rate 9. Foxboro 1040 $250.00/flat rate 10. Dynalco F-16 $140.00/flat rate 11. Tektronic 465-B $140.00/flat rate 12. Fluke 8060A/8020A $ 35.00/flat rate 13. Precision 258 $ 50.00/flat rate 14. B&K Counter $ 66.00/flat rate 15. Hewlett Voltmeter 3465A $250.00/flat rate 16. Warranty 90 Days 17. Parts List Price 2. This agreement to be effective from date of authorization by City Council until one year later with the option to renew annually for two I years. M&C P-4127 adopted It was the consensus of the City Council that the recommendations be adopted. M&C P-4128 re There was presented Mayor and Council Communication No. P-4128 from the City purchase agreement Manager stating that a purchase agreement with one-year renewal option was authorized with Gas Technics on February 28, 1989, by Mayor and Council Communication No. P-3275 with Gas Technics to provide industrial gases for various departments; that the various departments have Minutes of City Council 0-3 Page 340 341 TUESDAY, MARCH 20, 1990 M&C P-4128 cont. been satisfied with the services received and have requested that the agreement be renewed for one additional year; that the vendor has agreed to hold prices firm for one additional year; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that the City Council authorize: 1. Exercising the renewal option of a one-year purchase agreement to furnish industrial gases from Gas Technics (Mayor and Council Communication No. P-3275, dated February 28, 1989) on the low overall bid per unit price, as follows: ITEM DESCRIPTION AMOUNT 1 Compressed.Air, size 233 $ 6.99 2 Oxygen, Welding, size 249 $ 3.74 3 Acetylene, size 4 $ 9.36 4 Acetylene, size 5 $21.60 5 Argon, size 6 $18.48 6 Argon/CO3, size 375 $20.96 7 Nitrogen, size 244 $ 3.99 8 Demurrage Charge (per cyl./per no.) $ 1.00 2. All City departments to participate in this agreement, if needed; and 3. This agreement to be effective from date of authorization until expiration one year later. M&C P-4128 adopted It was the consensus of the City Council that the recommendations be adopted. M&C P-4129 re was withdrawn There was presented Mayor and Council Communication No. P-4129 from the City Manager submitting a tabulation of bids received for a purchase agreement to provide the printing of the monthly City newsletter for the City Manager's Office; stating that funds are available in General Fund 01, Account No. 90-13-00, Index Code 212670; and recommending that the purchase agreement be authorized with U.S. Print on its low bid of $1,680.00 per month; that no other department will be authorized to use this agreement; and authorize the term to begin the date of authorization by City Council with an expiration one year from that date. It was the consensus of the City Council that Mayor and Council Communication No. P-4129 be withdrawn from the agenda. M&C P-4130 re ase of fer- There was presented Mayor and Council Communication No. P-4130 from the City purchase arch er Manager submitting a tabulation of bids received for the purchase of fertilizer for the tilizPark and Recreation Department; stating that funds are available in various accounts; and recommending that the purchase be made on a low -bid -item basis, meeting City specifications, as follows: 1. Mann AG Service, Inc. $20,292.75 2. Lake Country Lawn Products 1,782.00 3. Lesco, Inc. 300.00 4. Chemical & Turf Specialty Co. 21,408.60 SUBTOTAL 43,783.35 City Secretary Howard announced that lots will be cast for the purchase of Item No. 7 inasmuch as identical bids were submitted by Lake Country Lawn Products and Sports Turf Supply. Following the drawing of the bids by Mr. Judson Bailiff, representing Sports Turf Supply, and Mr. Ben Allen, representing Lake Country Lawn Products, Mayor Pro tempore Gilley made a motion, seconded by Council Member Webber, that the recommendation, as contained in Mayor and Council Communication No. P-4130, be adopted, with Item No. 7 being awarded to Sports Turf Supply. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C P-4131 re competitive sealed There was presented Mayor and Council Communication No. P-4131 from the City proposal procedure Manager stating that the Texas Local Government Code authorizes the use of competitive sealed proposals for the purchase of high technology procurements; that the request for proposal shall specify the relative importance of price and other evaluation factors, and the recommendation of award of contract shall be to the responsible offeror who's proposal is determined to be the most advantageous to the City, taking into consideration the relative importance of price and other evaluation factors set forth in request for proposals; and that high technology procurement means the procurement of equipment, goods, or services of a highly technical nature, including: a. Data processing equipment and software and firmware used in conjunction with data processing equipment; b. Telecommunications equipment and radio and microwave systems; c. Electronic distributed control systems, including building energy management systems; and d. Technical services related to those items. Minutes of City Council 0-3 Page 341 342 TUESDAY, MARCH 20, 1990 DE -#1B - Permanent Sanitary Sewer Easement - A rectangularly shaped strip of land 15 feet in width and 288.75 feet in length out of the same legal description as above. This strip is adjacent to the east side of the existing 15 foot sanitary sewer easement, where the easement makes a right angle to the north, containing 4,331 square feet of land as required for a sanitary sewer easement. Square Feet: DE -#1A - 1,039 sq. ft. DE -#1B - 4,331 sq. ft. Zoning: "D" Multi -Family Description of Improvements: None in the taking Parcel No.: 1 Consideration: $1.00 Location: South of the 3300 Block of Western Center Blvd. Owner: Woodbine Investment Corporation Financing: Sufficient funds are available in Sewer Capital Improvements, Fund 80, Project No. 013028-00, Stoneglen at Fossil Creek, Block 32, Lot 1, Land Acquisition. This expenditure will be made from Index Code 698688. Land Agent: Frances Sargeant 2. Project Name: Sanitary Sewer Rehabilitation Project, Lateral 2250 Minutes of City Council 0-3 Page 342 It was recommended that the City Council authorize the use of the competitive sealed proposal procedure for high technology procurements as provided for in Chapter 252 of the Texas Local Government Code. It was the consensus of the City Council that the recommendation be adopted. M&C L-10056 re acquisition of There was presented Mayor and Council Communication No. L-10056 from the City Manager recommending that the City pay a total consideration of $1,925.00 for a permanent easement permanent easement out of Lot 3, Block 15, and the north half of Lot 2, Block 15, and two truc- Berkley Addition, as recorded in Volume 8111, Page 265, Deed Records, Tarrant County, tion easements Texas; and a 10 -foot temporary construction easement lying adjacent and contiguous to the northwest line of the previously described 10.0 foot permanent easement and a 10 -foot temporary construction easement lying adjacent and contiguous to the southeast line of the previously described permanent easement; located at 2231 Forest Park Boulevard; owned by Mrs. Clara C. Brian; and required for Sanitary Sewer Replacement Project, Main 73, Berkley Addition. It was the consensus of the City Council that the easements be acquired as recommended and that the expenditure be charged to Sewer Capital Improvement Fund 58, Project No. 017081-00, Index Code 698787. M&C L-10057 re There was presented Mayor and Council Communication No. L-10057 from the City release of tempor- Manager stating that Robert J. Hamblin and wife, Dorothy Hamblin, granted a temporary ary construction construction easement to the City of Fort Worth on October 17, 1987, for a portion of easement Lot 18, Block 1, Edgecliff III; that the easement no longer is required due to the Alta Mesa Boulevard/McCart Project having been completed; and recommending that the City Manager be authorized to execute a release of temporary construction easement over a portion of Lot 18, Block 1, Edgecliff III, an Addition to Village of Edgecliff, as recorded in Volume 388-119, Page 15, Deed Records, Tarrant County, Texas. It was the consensus of the City Council that the recommendation be adopted. M&C L-10058 re acquisition of There was presented Mayor and Council Communication No. L-10058 from the City permanent easement Manager, as follows: SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS. (3 TRANSACTIONS) RECOMMENDATION: It is recommended that approval be given for the acquisition of the land and/or easements described below: 1. Project Name: Stoneglen at Fossil Creek, Block 32, Lot 1 Type of Acquisition: Dedication/Permanent Utility Easements Description of Land: DE -#1A - Permanent Utility Easement - A triangularly shaped strip of land 17.78 feet in length and 116.97 feet in length with a hypotenuse of 117.82 feet, out of Lot 1, Block 32, Stoneglen of the Fossil Creek, Phase II Addition. This strip of land is located adjacent to the south side of the existing 15 foot sanitary sewer line and the flood plane easements, containing 1,039 square feet of land as required for a permanent utility easement. DE -#1B - Permanent Sanitary Sewer Easement - A rectangularly shaped strip of land 15 feet in width and 288.75 feet in length out of the same legal description as above. This strip is adjacent to the east side of the existing 15 foot sanitary sewer easement, where the easement makes a right angle to the north, containing 4,331 square feet of land as required for a sanitary sewer easement. Square Feet: DE -#1A - 1,039 sq. ft. DE -#1B - 4,331 sq. ft. Zoning: "D" Multi -Family Description of Improvements: None in the taking Parcel No.: 1 Consideration: $1.00 Location: South of the 3300 Block of Western Center Blvd. Owner: Woodbine Investment Corporation Financing: Sufficient funds are available in Sewer Capital Improvements, Fund 80, Project No. 013028-00, Stoneglen at Fossil Creek, Block 32, Lot 1, Land Acquisition. This expenditure will be made from Index Code 698688. Land Agent: Frances Sargeant 2. Project Name: Sanitary Sewer Rehabilitation Project, Lateral 2250 Minutes of City Council 0-3 Page 342 343 TUESDAY, MARCH 20, 1990 M&C L-10058 cont. Type of Acquisition: Dedication - Permanent Easement Description of Land: A rectangularly shaped strip of land out of Lot 11, Block 8, Masonic Home Addition, Second Filing, as recorded in Volume 8803, Page 1051, Deed Records, Tarrant County, Texas. This strip of land is 5.0 feet in depth and 100.0 feet in length and lies parallel to, contiguous with and within the north property line, required for a permanent easement. Square Feet: 500.0 Zoning: "A" Parcel No.: 25 Consideration: $1.00 Location: 3309 Montague Street Owner: Mary R. Adney 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: Sanitary Sewer Rehabilitation Project, Lateral 2250 Type of Acquisition: Dedication - Permanent Easement Description of Land: A rectangularly shaped strip of land out of Lot 1, Block 8, Masonic Home Addition,. Second Filing, as recorded in Volume 9479, Page 822, Deed Records, Tarrant County, Texas. This strip of land is 10.0 feet in depth and 100.0 feet in length and lies parallel to, contiguous with and within the south property line, required for a permanent easement. Square Feet: 1,000.0 Zoning: "A" Parcel No.: 15 M&C L-10060 re There was presented Mayor and Council Communication No. L-10060 from the City acquisition of Manager recommending that the City pay a total consideration of $29,000.00 for a permanent easement permanent easement 30 feet in width and 1,756 feet in length out of Tract 4, Isabel and temporary con- Flores Survey, Abstract No. 507, as recorded in Volume 2804, Page 479, Deed Records, struction easement Tarrant County, Texas; same being located in the south right-of-way line of Columbus Trail at South Hulen Street; and a temporary construction easement 80 feet in width and 1,756 feet in length out of the same tract as described above; located on South Hulen Street at Columbus Trail; owned by Douglas Coulsting, Dorothy Coulsting, and Vestal Sanders; and required for Sun Country Elevated Tank and Transmission. It was the consensus of the City Council that the easements be acquired as recommended and that the expenditure be charged to Water Capital.Improvements Fund 83, Project No. 014006-00, Index Code 698738. M&C C-12226 re There was Consideration: $1.00 Council Communication No. C-12226 from the City Location: 3300 Grayson Street Manager stating that the City of Fort Owner: Lisa Whelchel Cauble and Steven C. Cauble program for to the Texas De- Finan�cin Sufficient funds are available in Sewer Capital Improvement 1969; that the Texas Department of Human Services has notified unnd 58,Project No. 017081-00, S.S. Rehab, L-2250. This expenditure partment of Human of Fort Worth will be made from Index Code 698787. available for the operation of the 1990 lunch Land Agent: Jerry Chalker program; that M&C L-10058 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. L-10058, be adopted. M&C L-10059 re There was presented Mayor and Council Communication No. L-10059 from the City execution of a Manager stating that the City received Lot 18, Block 103, M.G. Ellis Addition (aka two-year lease 3212 North Houston), in a Sheriff's Sale in October of 1989; that Mary Lucio was a tenant on the property at the time; that she has been a tenant of the former owner for 25 years; that, since she is a long-term tenant and the City must maintain the property for the two-year redemption period, the Real Property Department recommends that Mary Lucio remain as a tenant on the property at a rental rate of $100.00 for two years; and recommending that the City Manager be authorized to execute a two-year lease for $100.00 per month with Mary Lucio. It was the consensus of the City Council that the recommendation be adopted. M&C L-10060 re There was presented Mayor and Council Communication No. L-10060 from the City acquisition of Manager recommending that the City pay a total consideration of $29,000.00 for a permanent easement permanent easement 30 feet in width and 1,756 feet in length out of Tract 4, Isabel and temporary con- Flores Survey, Abstract No. 507, as recorded in Volume 2804, Page 479, Deed Records, struction easement Tarrant County, Texas; same being located in the south right-of-way line of Columbus Trail at South Hulen Street; and a temporary construction easement 80 feet in width and 1,756 feet in length out of the same tract as described above; located on South Hulen Street at Columbus Trail; owned by Douglas Coulsting, Dorothy Coulsting, and Vestal Sanders; and required for Sun Country Elevated Tank and Transmission. It was the consensus of the City Council that the easements be acquired as recommended and that the expenditure be charged to Water Capital.Improvements Fund 83, Project No. 014006-00, Index Code 698738. M&C C-12226 re There was presented Mayor and Council Communication No. C-12226 from the City grant application Manager stating that the City of Fort Worth has sponsored a summer food program for to the Texas De- children since 1969; that the Texas Department of Human Services has notified the City partment of Human of Fort Worth that $266,330.00 is available for the operation of the 1990 lunch Services program; that it is projected that 132,000 single meals will be served to approximately Minutes of City Council 0-3 Page 343 344 TUESDAY, MARCH 20, 1990 M&C C-12226 cont. 3,000 children at 30 sites during the 44 day program from June 11, 1990, through August 10, 1990; that salaries will be paid with grant funds; and recommending that the City Council authorize the City Manager to: 1. Submit a grant application to the Texas Department of Human Services requesting $266,330.00 for the Summer Food Service Program for Children in Fort Worth; 2. Accept and execute, when approved, the contract with the Texas Department of Human Services for the 1990 Summer Food Service Program; 3. Apply indirect cost rates in accordance with the City's Administrative Regulation 3-15 (20.45 percent which represents the most recent approved rate for this department); 4. Authorize the Accounting Division of the Finance Department, subject to funding approval and the City Manager's acceptance of the grant, to establish the grant project account in the City of Fort Worth's financial accounting system upon receipt of an executed contract; and 5. Accept such additional funds from the Texas Department of Human Services for this grant as may become available. M&C C-12226 adopted It was the consensus of the City Council that.the..recommendations be adopted. M&C C-12227 re There was presented Mayor and Council Communication No. C-12227 from the City agreement with Manager stating that the City of Fort Worth and Hillwood Development Corporation, the Hillwood Develop- developer, entered in City Secretary Contract No. 16435 on May 24, 1988, for the ment Corporation installation of community facilities for Fort Worth Alliance Airport Phase I Water Facilities; that the community facilities have not yet been completed and the City and developer are requesting City Council approval to extend City Secretary Contract No. 16435 for a term of two years beginning May 24, 1990, and expiring on May 24, 1992; and recommending that the City Manager be authorized to execute an agreement to extend City Secretary Contract No. 16435 with the developer, Hillwood Development Corporation, for a term of two years. It was the consensus of the City Council that the recommendation be adopted. M&C C-12228 re There was presented Mayor and Council Communication No. C-12228 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 Capital Assistance for its Park & Ride project in the amount of Transportation $440,000.00 for FY 1990-91; that the City of Fort Worth is the "designated recipient" Administration 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 the Urban Mass Transportation Administration on behalf of the City of Arlington in the amount of $440,000.00 for capital assistance for the Arlington Park & Ride Project; 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 capital assistance funding for the Arlington Park & Ride Project. It was the consensus of the City Council that the recommendations be adopted. M&C C-12229 re There was presented Mayor and Council Communication No. C-12229 from the City amendment with Manager stating that an engineering agreement, City Secretary Contract No. 17309, with J.B. Davies , Inc. J.B. Davies, Inc., was authorized by August 1, 1989, by Mayor and Council Communication No. C-11770 for engineering services necessary to design Sanitary Sewer Main 199-B Relief Main; that, during the alignment studies for the relief sewer, the Corps of Engineers indicated that it would not allow an elevated crossing of a Trinity River side channel which required crossing a levee; that the alternative alignment, through an existing sump, will require a drainage area study; that, in addition, the preliminary investigation of the M-199 drainage area revealed that a portion of M-207 required relocation or abandonment; that, in a letter dated January 25, 1990, J.B. Davies, Inc., proposed to perform this additional work for an amount of $27,600.00; and recommending that the City Manager be authorized to execute Amendment No. 1 to City Secretary Contract No. 17309 with J.B. Davies, Inc., for additional services relating to the Sanitary Sewer Main 199-B Relief Main, increasing the maximum total fee by $27,600.00, and that a fund transfer in the amount of $27,600.00 from Water and Sewer Operating Fund 45, Account No. 70-90-20 to Sewer Capital Improvement Fund 58, Project No. 022008-00, M -119B Relief Main. It was the consensus of the City Council that the recommendations be adopted. M&C C-12230 re There was presented Mayor and Council Communication No. C-12230 from the City contract with Manager, as follows: Martin K. Eby Con- struction Company,; SUBJECT: PROPOSED CHANGE ORDER NO. 5 TO 24 MGD EXPANSION, PHASE IIA, inc. i EFFLUENT FILTER AREA - MARTIN K. EBY CONSTRUCTION COMPANY, INC. RECOMMENDATION: It is recommended that the City Council: Minutes of City Council 0-3 Page 344 345 TUESDAY, MARCH 20, 1990 M&C C-12230 cont. 1. Authorize a fund transfer in the amount of $11,474 from Sewer Capital Improvement Fund 84, Project No. 011000-00, Sewer Interest to Sewer Capital Improvement Fund 84, Project No. 016001-00, 24 MGD Expansion, Phase IIA, Effluent Filter Area; and 2. Authorize Change Order No. 5 in the amount of $11,473.49 to the contract for construction of the 24 MGD Expansion, Phase IIA, Effluent Filter Area, revising the total contract cost to $17,904,280.28. M&C C-12230 adopte M&C C-12231 re agreement with Everage, Smith, Farrington and Associates, Inc. The construction manager, Freese and Nichols, Inc., and the staff engineers of the Water Department have reviewed the proposed charges and found them reasonable for similar work. FINANCING: Sufficient funds are available to transfer from Sewer Capital Improvement Fund 84, Project No. 011000-00, Sewer Interest. Upon approval and completion of Recommendation No. 1 in the amount of $11,474.00, sufficient funds will be available in Sewer Capital Improvement Fund 84, Project No. 016001-00, 24 MGD Expansion, Phase IIA, Effluent Filter Area. Expenditures will be made from Index Code 684530. It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12230, be adopted. . There was presented Mayor and Council Communication No. C-12231 from the City Manager stating that the Transportation and Public Works Department previously selected Everage, Smith, Farrington and Associates, Inc., to design the reconstruction of Barron Lane (Ellis Road to Martha Lane); that it is necessary to replace the existing water main and install a parallel sewer main due to the addition of a large storm drain in the middle of the new street; that, in order to advertise the water and sewer replacement with the street reconstruction project, Everage, Smith, Farrington and Associates, Inc., will provide plans and specifications for the Water and/or Sanitary Sewer Replacements in Barron Lane; that Everage, Smith, Farrington and Associates, Inc., has proposed to design this project for a fee not to exceed $10,800.00; and recommending that the City Council: Minutes of City Council 0-3 Page 345 PROJECT NO.: 84-016001-00 BACKGROUND: On September 13, 1988 (M&C C-11189), the City Council authorized the award of a contract to Martin K. Eby Construction Company, Inc., for construction of the 24 MGD Expansion, Phase IIA, Effluent Filter Area at the Village Creek Wastewater Treatment Plant. PROPOSED CHANGE ORDER: During construction, it was discovered that certain corrections, modifications and/or additions will be necessary to comply with actual field conditions. The proposed changes are as follows: 1. Furnish and install chlorine feed vault corporation cock assemblies with 6-inchtapping valves @ Lump Sum $3,887.17 2. Install upper case building letters at the chlorine building @ Lump Sum $ 494.34 3. Delete painting requirements for PVDF piping @ Lump Sum ($1,066.51) 4. Install ceiling access hatches at the chlorine building @ Lump Sum $ 509.58 5. Install concrete baffle wall in chlorine contact chambers @ Lump Sum $5,490.00 6. Furnish and install ductile iron pipe and modify waste washwater basin equalization piping @ Lump Sum - $2,927.45 7. Delete repair to RTV 12 wiring performed by plant personnel @ Lump Sum ($ 768.54) $11,473.49 The net effect of the proposed change order is as follows: Original Contract Cost $17,565.920.00 Extras to Date $ 338,573.01 Credits to Date $ 11,686.22 Proposed Change Order No. 5 $ 11,473.49 Revised Contract Cost $17,904.280.28 M&C C-12230 adopte M&C C-12231 re agreement with Everage, Smith, Farrington and Associates, Inc. The construction manager, Freese and Nichols, Inc., and the staff engineers of the Water Department have reviewed the proposed charges and found them reasonable for similar work. FINANCING: Sufficient funds are available to transfer from Sewer Capital Improvement Fund 84, Project No. 011000-00, Sewer Interest. Upon approval and completion of Recommendation No. 1 in the amount of $11,474.00, sufficient funds will be available in Sewer Capital Improvement Fund 84, Project No. 016001-00, 24 MGD Expansion, Phase IIA, Effluent Filter Area. Expenditures will be made from Index Code 684530. It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12230, be adopted. . There was presented Mayor and Council Communication No. C-12231 from the City Manager stating that the Transportation and Public Works Department previously selected Everage, Smith, Farrington and Associates, Inc., to design the reconstruction of Barron Lane (Ellis Road to Martha Lane); that it is necessary to replace the existing water main and install a parallel sewer main due to the addition of a large storm drain in the middle of the new street; that, in order to advertise the water and sewer replacement with the street reconstruction project, Everage, Smith, Farrington and Associates, Inc., will provide plans and specifications for the Water and/or Sanitary Sewer Replacements in Barron Lane; that Everage, Smith, Farrington and Associates, Inc., has proposed to design this project for a fee not to exceed $10,800.00; and recommending that the City Council: Minutes of City Council 0-3 Page 345 346 TUESDAY, MARCH 20, 1990 M&C C-12231 cont. 1. Authorize a bond fund transfer in the amount of $4,600.00* from Special . Assessments Fund 94, Project No. 009905-00, Special Assessments Unspecified, to Street Improvements Fund 67, Project No. 019020-00, Water Main Replacement, Barron Lane;. 2. Authorize a fund transfer in the amount of $7,200.00* from Water and Sewer Operating Fund 45, Account No. 70-90-20, to Sewer Capital Improvement Fund 58, Project No. 022020-00, Sewer Main Replacement, Barron Lane; and 3. Authorize the City Manager to execute an engineering agreement with Everage, Smith, Farrington and Associates, Inc., for plans and specifications for Water and/or Sanitary Sewer Replacements in Barron Lane for a total fee not to exceed $10,800.00. M&C C-12231 adopte It was the consensus of the City Council that the recommendations be adopted. M&C C-12232 re There was presented Mayor and Council Communication No. C-12232 from the City a grant from the Manager stating that the Texas State Library and Archives Commission and the U.S. Texas State Library Department of Education propose to grant $197,908.00 to the City of Fort Worth to and Archives Co- provide resource sharing and interlibrary loan services in a 21 -county area of North mmission and the Texas; that the Fort Worth Library serves as the "Major Resource Center" for this area; U.S. Department of that the grant is for the State Fiscal Year, September 1, 1990, through August 31, Education 1991; and recommending that the City Council authorize the City Manager to: 1. Apply for and, if offered, accept a grant in the amount of $197,908.00 from the Texas State Library and Archives Commission for Interlibrary Loan services; 2. Execute a grant contract with the Texas State Library and Archives Commission; and 3. Apply indirect cost in accordance with the City's Administrative Regulation 3-15 (apply the 1990 rate of 33.78 percent which represents the most recent approved rate for the department). M&C C-12232 adopte It was the consensus of the City Council that the recommendations be adopted. M&C C-12233 re There waspresentedMayor and Council Communication No. C-12233 from the City lease agreement S Manager stating that, in order to comply with federal and state regulations, the City's with Private Real Property Management Department conducted a survey on the cost of compatible office Industry Council space within a reasonable proximity to the 440 South Main Street location; that it has of Fort Worth been concluded that the lease rate for equivalent space ranges from $8.50 to $11.00 per square foot; that, because of these findings, it is recommended that the proposed lease not exceed $10.15 per square foot; that the proposed lease will be financed 100 percent with funds from the Job Training Partnership Act grant; and recommending that the City Manager, as the authorized representative of the Fort Worth Consortium for Employment and Training Programs, be authorized to execute a one-year lease agreement with the Private Industry Council of Fort Worth, Inc., to lease 6,650 square feet of office space at 440 South Main Street, to house the Working Connection, the Job Training Partnership Act funded consortium program, with a term of lease beginning April 1, 1990, through March 31, 1991, at a price not to exceed $67,497.50 annually. It was the consensus of the City Council that the recommendations be adopted. M&C C-12234 re grant from the There was presented Mayor and Council Communication No. C-12234 from the City Texas State Library Manager, as follows: and Archives Co- SUBJECT: GRANT AGREEMENT WITH TEXAS STATE LIBRARY AND ARCHIVES COMMISSION mmi ssi on Public PUBLIC LIBRARY SERVICES FOR DISADVANTAGED POPULATIONS Library Services and Disadvantaged Populations RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Apply for and, if offered, accept a grant in the amount of $25,000 from the Texas State Library, Library Development Division for Public Library Services for Disadvantaged Populations (LSCA Title I); 2. Execute a grant contract with the Texas State Library and Archives Commission; and 3. Apply indirect cost in accordance with the City's Administrative Regulation 3-15 (apply the 1990 rate of 33.78 percent which represents the most recent approved rate for the department). DISCUSSION: The Texas State Library and Archives Commission and the U.S. Department of Education propose to grant $25,000.00 to the City of Fort Worth to: (1) Establish a series of life/survival skills classes for adults over 25 who have less than a 12th grade education; Minutes of City Council 0-3 Page 346 34'7 TUESDAY, MARCH 20, 1990 &C C-12234 cont. (2) Provide library materials in related subjects on appropriate reading levels and in Spanish; and (3) Print and disseminate brochures, flyers and posters to publicize the program and other library services for this disadvantaged community. The grant is for the State Fiscal Year, September 1, 1990, through August 31, 1991. Once established, the program will be ongoing with existing staff and volunteers. M&C C-12236 re contract with There was presented Mayor and Council Communication No. C-12236 from the City Chemical Waste Manager submitting a tabulation of bids received for a Meacham Airport Remediation Management, Inc., contract for the analysis, characterization, transportation and disposal of waste in ENRAC Division containers and soil, and any additional remediation of environmental concerns which might be required by the state and federal regulatory authorities; and recommending that the City Council: 1. Approve the transfer of $240,000.00 from the Capital Projects Reserve Fund 10, Project No. 010001-00, Unspecified, to General Fund 01, Non -Departmental Account No. 90-66-01, Environmental Compliance - Contracts Administration; and FINANCING: This program is budgeted at $25,000.00, with the funding agencies defraying the costs listed below. No City funds are required for this grant. Personnel $ 9,936.00 Fringe Benefits 947.00 Major Equipment 650.00 M&C C-12236 adopted Materials and Supplies 7,130.00 Promotion/Printing 2,500.00 M&C C-12237 re Indirect Costs 3,837.00 termination of TOTAL $25,000.00 M&C C-12234 adopted It was the consensus of the City Council that the recommendations, as contained in 6901 Mayor and Council Communication No. C-12234, be adopted. M&C C-12235 re contract with There was presented Mayor and Council Communication No. C-12235 from the City Boggs Electric Manager submitting a tabulation of bids received for the Laboratory Electrical System Company, Inc. Improvements at Village Creek Wastewater Treatment Plant; and recommending that the City Manager be authorized to execute a construction contract with Boggs Electric Company, Inc., for Laboratory Electrical System Improvements, VCWWTP on low bid of $64,806.00 and that a bond fund transfer in the amount of $71,000.00 be authorized from Sewer Capital Improvement Fund 82, Project No. 014901-00, Unspecified, to Sewer Capital Improvement Fund 82, Project No. 016006-00, Laboratory Electrical System Improvements, VCWWTP. On motion of Mayor Pro tempore Gilley, seconded by Council Member Garrison, the recommendations were adopted. M&C C-12236 re contract with There was presented Mayor and Council Communication No. C-12236 from the City Chemical Waste Manager submitting a tabulation of bids received for a Meacham Airport Remediation Management, Inc., contract for the analysis, characterization, transportation and disposal of waste in ENRAC Division containers and soil, and any additional remediation of environmental concerns which might be required by the state and federal regulatory authorities; and recommending that the City Council: 1. Approve the transfer of $240,000.00 from the Capital Projects Reserve Fund 10, Project No. 010001-00, Unspecified, to General Fund 01, Non -Departmental Account No. 90-66-01, Environmental Compliance - Contracts Administration; and Minutes of City Council 0-3 Page 347 2. Authorize the City Manager to execute a Meacham Airport Remediation contract with Chemical Waste Management, Inc., ENRAC Division for an amount not to exceed $240,000.00 for the analysis, characterization, transportation and disposal of waste in containers and soil; and any additional remediation of environmental concerns which might be required by the state and federal regulatory authorities. M&C C-12236 adopted On motion of Mayor Pro tempore Gilley, seconded by Council Member Garrison, the recommendations were adopted. M&C C-12237 re There was presented Mayor and Council Communication No. C-12237 from the City termination of Manager stating that City Secretary Contract No. 6901 was executed on July 2, 1971, City contract no. permitting the City of Arlington to discharge sludge generated by its water treatment 6901 plant into the Village Creek Wastewater Treatment Plant; that engineering studies have indicated that the existing sludge drying beds are, at best, marginally adequate to handle the sludge generated at VCWTP and that the drying beds are not in good condition; that the original facility plan prepared in 1983 projected the beds would be phased out by 1990 when the sludge -only landfill and mechanical sludge dewatering facility were completed and operational; that the sludge -only landfill project has been completed, however, due to funding delays caused by the State Revolving Loan Program, the next phase of construction has been delayed; that the consultants also determined that the landfill must be completely dewatered prior to construction; that the dewatering is underway, but will likely not be completed until mid-1991; that the existing sludge drying beds must remain in service through at least 1994; that the amount of sludge being discharged to VCWTP and being pumped to the drying beds needs to be reduced; and recommending that the City Council terminate City Secretary Contract No. 6901 and authorize the City Manager to give required one-year notice of termination. On motion of Mayor Pro tempore Gilley, seconded by Council Member McCray, the recommendation was adopted. M&C C-12238 re There was presented Mayor and Council Communication No. C-12238 from the City agreement with Manager, as follows: Fort worth Aviation Heritage Associatio Minutes of City Council 0-3 Page 347 348 TUESDAY, MARCH 20, 1990 M&C C-12238 cont. 11SUBJECT: AIR SHOW AGREEMENT - FORT WORTH AVIATION HERITAGE ASSOCIATION RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into an agreement with Fort Worth Aviation Heritage Association to sponsor an airshow at Fort Worth Meacham Airport in 1990 and the option to renew the contract to sponsor airshows at one of the City -owned airports in 1991 and 1992 if all terms of the contract are complied with under the terms outlined below. nPT rilggTnN I. Previous Contract Under City Secretary Contract No. 17187, Fort Worth Aviation Heritage Association,,a Texas non-profit corporation, sponsored and presented an airshow at Fort Worth Meacham Airport in 1989. The airshow was considered successful, both operationally and financially. Proceeds to the City of Fort Worth -Aviation Department are expected to total $25,130.51, which represents the $3,000 airport use fee and $22,130.51, as fifty percent of the profits. II. Proposed Contract A. Term - Fort Worth Aviation Heritage Association (Heritage Ass'n.) now seeks to enter into a new agreement to sponsor airshows for 1990, 1991, and 1992. In order to secure major performers, military aircraft, air carrier aircraft, and a high-performance jet team, the group must be able to recruit and sign acts one to two years in advance of the shows. Assurance of holding the sponsorship for more than one year at a time also influences the association's decisions regarding investment of funds for equipment and supplies. Dates established for the 1990 airshow are October 19, 20 and 21. Heritage Ass'n. will have access to the airport premises for set-up and clean-up purposes from October 15. through 22, 1990. Location for future airshows will be decided by the City, on details mutually agreed to by the parties. B. Payment to the City - The Heritage Association will pay to the Aviation Department a sum of•$10,000 for the use of the airport. The airport use • fee shall be paid on or before October 1, 1990. The association will also pay fifteen percent (15%) of profits to the Park and Recreation Department for its support. This payment shall be made on or before January 31, 1991. The remainder of the profits will be used to promote an aviation museum for the city of Fort Worth. C. Additional terms concerning operation of the Airshow: 1. The airshow will be coordinated and operated in accordance with Federal Aviation Regulations and will be approved by FAA to include securing the required waivers for airspace and ground layout. FAA approvals and waivers will be provided to the City at least fifteen days prior to the start of the airshow. 2. Heritage Ass'n. will hold the right to charge for attendance by the general public, including the furnishing of all concessions for the sale of food, beverages and novelties. It should be noted, however, that Dobbs Houses, Inc. holds the exclusive right to food and beverage sales in the Terminal Building. 3. Heritage Ass'n. will be responsible for entering into all agreements with airshow performers, concessionaires and all other contracts for services necessary to conduct the airshow and will pay all bills for same. 4. Heritage Ass'n. will provide: a. necessary sound equipment; b. supervision, control, parking, and containment of all aircraft involved in the airshow; ce coordination of airshow activities with fixed base operators; d. coordination of crash/fire/rescue service e. coordination of security and surveillance; f. equipment necessary to support the airshow and aircraft performing in the show; g. supervision, control, parking and containment of automobiles of airshow attendees; Minutes of City Council 0-3 Page 348 349 TUESDAY, MARCH 27, 1990 &C C-12238 cont. h. supervision, control, and containment of all spectators, concessionaires, and performers in the airshow; i. a first-aid center for the treatment of minor injuries; J. containment, pick-up, and disposal of all trash and garbage related to and resulting from the airshow; k. portable toilets and drinking water for spectators and participants; Minutes of City Council 0-3 Page 349 1. arrangements and supervision for all concessions for food, beverages and novelties at the airshow, subject to City's approval of the concessionaires and subject to the rights of concessionaires operating at the airport on a permanent basis under license or lease with the City; and M. collection of proceeds from concessionaires with whom Heritage Assn. has contracted and calculation of profits as required. At a special called meeting of the Aviation Advisory Board on March 2, 1990, the Board voted unanimously to recommend payment as offered by the Heritage Ass'n with the provision that the money be dedicated specifically for airport maintenance. All other provisions of the airshow agreement are basically the same as those contained in the 1989 contract with regard to insurance, non-discrimination, Federal Aviation Administration requirements, etc. M&C C-12238 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-12238,.be adopted. M&C C-12239 re There was presented Mayor and Council Communication No. C-12239 from the City contract with L.D. Manager submitting a tabulation of bids received for the Sanitary Sewer Main M-73 Conatser Contrac- Replacement and Drainage Area Improvements; stating that expenditures will be made from tors Index Code 665562; and recommending that the City Manager be authorized to execute a construction contract with L.D. Conatser Contractors for the Sanitary Sewer Main M-73 Replacement and Drainage Area Improvements on its low bid of $1,928,500.00. It was the consensus of the City Council that the recommendation be adopted. M&C FP -2665 There was presented Mayor and Council Communication No. FP -2665 from the City re contract for eight Manager stating that the eight -inch water and sanitary sewer main replacements in Vel Drive, Grattan Drive, and Ava Court have been completed in accordance with plans and inch water and sanitary sewer main specifications under Contract No. 17453 awarded to L.D. Conatser Contractors on October 31, 1989; and recommending that the City Council accept as complete the replacements contract for eight -inch water and sanitary sewer main replacements in Vel Drive, Grattan Drive, and Ava Court and authorize final payment in the amount of $22,416.18 to L.D. Conatser Contractors, with funds available in Street Improvements Fund 67, Retainage No. 205-017453, Contract Encumbrance 17453A, and Sewer Capital Project Fund 58, Retainage No. 205-017453, Index Codes 000679, 630335, and 000588, respectively. It was the consensus of the City Council that the recommendations be adopted. Mrs. Roberto ,,-..,° LL Trujillo re floodin Mrs. Roberto Trujillo appeared regarding flooding on Driskell Street and expressed debris on Driskell Street appreciation to the City Council in the efficient pickup of garbage and destroyed by the flooding. Mrs. Mary White re Mrs. Mary White, 1044 Cole Court, and Mrs. Iva Greer, 1052 Cole Court, appeared before the City Council regarding the filling in of Sycamore Creek and advised the City and Mrs. Iva Greer re dumping in Council that a permit had been issued to a man by the name of Mr. Adams to dump in the Sycamore Creek creek which is causing damage to their properties. Mayor Bolen advised Mesdames White investigated directed them to speak with and Greer that the matter would be and Assistant City Manager. Mike Groomer. Mr. Wilson Carl Mr. Wilson Carl Nash and wife, Wanda, appeared before the City Council regarding Nash and wife Wanda alleged problems that they are having with the City of Fort Worth Code Enforcement regard to their housing accommodations and requested that the City re alledged problems Division with Council look into this matter and help alleviate the alleged problems that they are with the City 6f Fort Worth Code having with the Code Enforcement Division. Mr. Nash was advised to meet with Mr. Tom Enforcement Divisio Davis. Met in closed or It was the consensus of the City Council that the City Council recess into closed contemplated executive session or executive session to receive the advice of its attorney concerning litigation with regard to notice of claim for flood damage occurring in the Sunset Heights Addition in the City of Fort Worth on Sunday, March 11, 1990, as authorized by Section 2(e), Article 62520-17, V.A.C.S. Reconvened into The City Council reconvened into regular session with six members present and regular session Council Members Zapata and Chappell absent. Reconsider M&C G Mayor Pro tempore Gilley made a motion, seconded by Council Member McCray, that Council Communication No. G-8517. When the -8517 the City Council reconsider Mayor and motion was put to a vote by the Mayor, it prevailed unanimously. Minutes of City Council 0-3 Page 349 350 &C G-8517 re ayment to the tate Department f Highways and ublic Transporta- ion djourned There was presented Mayor and Council Communication No. G-8517 from the City Manager stating that the City Council accepted the State Department of Highways and Public Transportation Minute Order No. 89068 on August 8, 1989, by Mayor and Council Communication No. G-8156 relating to the design and construction of Alliance Boulevard and Park Vista (Eagle Parkway) interchanges and appurtenances on I -35W in the vicinity of Alliance Airport; that the City Manager was authorized on November 7, 1989, by Mayor and Council Communication No. C-11981 to pay $33,800.00 to the State Department of Highways and Public Transportation for the City's ten percent share of the estimated cost of purchasing right-of-way from the Mount Olivet Cemetery Association; that the City Manager on January 2, 1990, by Mayor and Council Communication No. G-8448 was authorized to pay $149,294.00 to the SDHPT to compensate Mount Olivet Cemetery Association for extraordinary costs associated with the right-of-way acquisition; that Mount Olivet Cemetery had requested that, in addition to the fair market value of its property, it be provided with an approved set of plans for the construction of an access road from the proposed IH -35W east frontage road into the cemetery, and that it be paid in advance for the cost of constructing the access road; that, in addition to the City's share of cost increase of $31,885.00, MOCA requested and received a proposal from a local construction company to construct the access road into cemetery property; that the price quoted by the contractor exceeded the estimate as provided by the City's consultant for the project by $35,522.00; that the City also committed to pay the cost of relocating existing utilities which would conflict with the interchange construction, currently estimated at approximately $12,000.00; that to complete the necessary acquisition and utility relocations requires an additional $80,000.00 in City share cost; that the Perot Group, owner and developer of much of the land that would be directly benefited by the installation of the new interchange, has agreed to provide half of the shortfall, or $40,000.00; and recommending that the City Council: I. Authorize the following fund transfer: FROM TO AMOUNT REASON 49-136113-00 49-136048-00 $40,000.00 To cover City's Alliance Boulevard Alliance share of right - Street and Storm Interchange of -way cost. Drain at I -35W 2. Authorize the City Manager to pay an additional $40,000.00 to the State Department of Highways and Public Transportation (SDHPT) for utility relocation and to compensate the Mount Olivet Cemetery Association for extraordinary costs associated with the SDHPT's acquisition of right-of-way for the IH-35W/Alliance Boulevard Interchange. . Mayor Pro tempore Gilley made a motion, seconded by the additional amount to be paid to the State Department Transportation be corrected from $40,000.00 to $53,000.00 reflect $53,000.00 rather than $40,000.00. When the motion Mayor, it prevailed unanimously. There being no further business, the meet CITY SECRETARY Council Member McCray, that of Highways and Public and that the fund transfer was put to a vote by the Minutes of City Council 0-3 Page 350