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HomeMy WebLinkAbout1990/04/03-Minutes-City CouncilCouncil Met Members Present Invocation Pledge of Allegiance Minutes of March 27, 1990 Proclamation - Medical Laboratory Week Introduced Sister City Delegation Proclamation - Fair Housing Month HC to Anke Siegwar� Cowtown Classic Bicycle Ride and Biathlon Withdrew M&C Ns. L-10070, C-12263, C-12260 Withdrew M&C C-12254 Withdrew M&C No. G-8540 and cont. M&C G-8540 for one week Cont. M&C C-12260 for one week Consent agenda approved Resignation of ? Mr. John Patterson Introduced a Resolution CITY COUNCIL MEETING APRIL 3, 1990 On the 3rd day of April, A.D., 1990, the City Council of the City of Fort Worth, Texas, met in regular session, with the following members and officers present, to -wit: Mayor Bob Bolen; Council Members Louis J. Zapata, William N. Garrison, Kay Granger, Eugene McCray, Virginia Nell Webber, and David Chappell; City Manager David Ivory; City Attorney Wade Adkins; City Secretary Ruth Howard; Mayor Pro tempore Garey W. Gilley absent; with more than a quorum present, at which time the following business was transacted: The invocation was given by Father Chris Davis, St. Patrick Cathedral. The Pledge of Allegiance was recited. On motion of Council Member Zapata, seconded by Council Member McCray, the minutes of the meeting of March 27,.1990, were approved. A proclamation for Medical Laboratory Week was presented to Ms. Debbie Emmerson and a delegation of medical technologists from All Saints Hospital, Saint Joseph Hospital, Harris H.E.B. Hospital, and Harris Fort Worth Hospital. Mayor Bolen introduced the Sister City Delegation from Trier, West Germany. A proclamation for Fair Housing Month was presented to Dr. Morrison Wong, Chairman of the Fort Worth Human Relations Commission. An Honorary Citizenship Certificate was presented to Anke Siegwart, exchange student from Marienthal, West Germany. Mr. Urbin McKeever, Southwest Fort Worth Kiwanis Club, and Ms. Laura Hunt, artist, presented the official poster of Cowtown Classic Bicycle Ride and Biathlon to the City Council. Council Member Chappell requested that Mayor and Council Communication Nos. L-10070, C-12263, and C-12260 be withdrawn from the consent agenda. Council Member Granger requested that Mayor and Council Communication No. C-12254 be withdrawn from the consent agenda. City Manager Ivory requested that Mayor and Council Communication No. G-8540 be withdrawn from the consent agenda and requested that the City Council continue Mayor and Council Communication No. G-8540 for one week. Council Member Chappell made a motion, seconded by Council Member Zapata, that Mayor and Council Communication No. C-12260 be continued for one week. When the motion was put to a vote by the Mayor, it prevailed unanimously. On motion of Council Member Garrison, seconded by Council Member Granger, the consent agenda, as amended, was approved. Council Member Granger made a motion, seconded by Council Member McCray, that the resignation of Mr. John Patterson from the Aviation Advisory Board be accepted with regrets. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Zapata introduced a resolution and made a motion that it be adopted. The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: Minutes of City Council 0-3 Page 388 1Resolution No. 1520 Introduced a Resolution Resolution No. 1521 TUESDAY, APRIL 3, 1990 AYES: Mayor Bolen; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: Mayor Pro tempore Gilley The resolution, as adopted, is as follows: RESOLUTION NO. 1520 WHEREAS, the V-22 Osprey tilt -rotor aircraft is a.project with potential for substantial commercial advantages for the United States, as well as for the communities where this technology is developed and constructed; and, WHEREAS, the V-22 represents the tangible results of a continuing commitment to excellence in the providing of equipment to our armed forces; and, WHEREAS, the V-22 program has produced not just a design but an actual flying aircraft capable of meeting a vital need to transport troops greater distances at greater speeds than with helicopters, yet with a helicopter's flexibility to land off airports; and, WHEREAS, the development of the V-22 by the military will assist in developing technology which will be vital for civil aviation as airports and skies become increasingly more crowded with aircraft which need miles of concrete runways and long approach paths; and, WHEREAS, an interruption of funding for existing contracts for the development and construction of the V-22 aircraft may well cost us the acknowledged leadership role this nation has garnered not only in tilt -rotor design technology, but in aviation exports, thus further debilitating the trade balance with other countries: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Section 1. That Congress be urged to reinstate full funding for the V-22 aircraft program into the Defense budget for the year 1990. Section 2. That a copy of this Resolution be mailed to the Honorable George W. Bush, President of the United States, to United States Senators Lloyd Bentsen and Phil Gramm, the Honorable Pete Geren, the Honorable Joe Barton, the Honorable Dick Armey, the Honorable Martin Frost, U.S. Congressmen, and the entire Texas Congressional delegation. - Council Member Garrison introduced a resolution and made a motion that it be adopted. The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: Mayor Pro tempore Gilley The resolution, as adopted, is as follows: RESOLUTION NO. 1521 A RESOLUTION IN SUPPORT OF THE CREATION OF THE TARRANT COUNTY CRIME CONTROL AND PREVENTION DISTRICT WHEREAS, The City of Fort Worth and all of the municipalities within Tarrant County have been economically and socially harmed by crime, drugs, and their associated effects; WHEREAS, the crime rate in our area has, in the recent past, been the third highest crime rate in the country; and WHEREAS, crime, and the fear of crime, have detracted from the quality of life in our city and throughout the county; and WHEREAS, the Texas Legislature has created, through the Crime Control and Prevention Act, an act of the 71st Legislature, the opportunity to form a special district dedicated solely to crime reduction programs and the coordination of crime -fighting efforts among all of the involved agencies of the county; and WHEREAS, the voters of Tarrant County must vote to approve the creation of this special district to be called the "Tarrant County Crime Control & Prevention District" in a county -wide election on May 5, 1990; and Minutes of City Council 0-3 Page 389 • 0 1390 TUESDAY, APRIL 3, 1990 esolution No. WHEREAS, the support of all cities, agencies, civic groups, and 521 cont. community organizations will assist in the creation and coordination of such a district. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That the City Council supports the creation of the Tarrant County Crime Control & Prevention District by voter referendum and pledges to work closely with the District in an effort to reduce crime in our City and in the county. Council Member Zapata made a motion, seconded by Council Member McCray, that the econsider M&C L- City Council reconsider action taken on March 27, 1990, to continue Mayor and Council 0065 for two weeks Communication No. L-10065 for two weeks. When the motion was put to a vote by the Mayor, it prevailed unanimously. ouncil Member Council Member Chappell presented verbally the report of the Bar Committee to the happell re . City Council and requested that the City Council accept the verbal report as presented ar committee with the following recommendations: 1. That the Zoning Commission be requested to hold public hearings to establish a method of eliminating bars adjacent to residential areas establishing minimum distances between bars and residences. 2. That the Zoning Commission deliver to the City Council a recommended method of decreasing the concentration of bars by establishing minimum distance between those facilities and "F" and "G" Zoning areas. 3. Requesting a policy statement and recommendation to the Zoning Commission to give the City Council a proposed zoning ordinance that will not only stop the poliferation of bars in inappropriate residential areas, but also that will affectuate the appropriate removal of those facilities. r. Brian Thompson Mr. Brian Thompson and students of his 5th grade class at W.J. Turner Elementary e Mayof oB6Agn'3n School, appeared before the City Council and expressed their appreciation to Mayor pdfreeiation in Bolen for his participation in the D.A.R.E. protest march against drugs on March 16, he D.A.R.E. pro= 1990. est march against rugs Minutes of City Council 0-3 Page 390 4. That, as a second part of the recommendation, the Committee also requests that staff come back to the City Council and the Committee with a full recommendation for the maximization of resources to the City to these problems with an indication of the cost of each such recommendation. Council Member Chappell requested that the report of the Bar Committee be placed on the agenda for the meeting of April 10, 1990, for formal action by City Council. r. Robert Snoke Mr. Robert Snoke, Chairman of the Rosemont Neighborhood Association, appeared Bar Zoning 7 before the City Council and requested that the proximity of bars to neighborhoods be no e rdinance closer than 1,000 feet and that there be a maximum of two years for the amortization policy, with no grandfathering placed in the zoning ordinance. r. Dan Worthey Mr. Dan Worthey, 3404 Gordon Avenue, appeared before the City Council and advised e Bar Zoning the City Council that the Rosemont area no longer will tolerate the many bars in their rdinance area and requested that the City Council give the citizens a bar zoning ordinance that will drive crime out of the neighborhoods and requested that the approval of bar applications be delayed. r. Francisco Her- Mr. Francisco Hernandez appeared before the City Council and expressed andez re Bar Z on- appreciation to Council Member Chappell along with the other Council Members for doing ng Ordinance a good job and requested that something be done about the number of bars in the Rosemont neighborhood. r. Jim R. Hodges Dr. Jim R. Hodges, 2940A South Jennings, appeared before the City Council and e Bar Zoning Or- expressed appreciation to the City Council for their help received already and spoke in inance support of a bar zoning ordinance. he Reverend John The Reverend John Taber, Minister of Rosemont Church of Christ, appeared before aber re Bar Zoning the City Council and requested that the City Council give favorable consideration to rdinance the report of Council Member Chappell and that City Council act quickly and decisively to adopt a bar zoning ordinance. r. Ed Moore re Mr. Ed Moore, 616 Westwood Avenue, appeared before the City Council and expressed ar Zoning Ordinance opposition to a wider tax base and requested that the proposed bar zoning ordinance include a 1,000 -foot measurement from property line to property line to be put be in force from one bar to another, schools, and residents; and requested that City Council allow an ample period of time for a bar to relocate if located within the 1,000 -foot proximity of each other; and suggested that, in order to decide which bars should move, property owners could be one of the determining factors. r. Brian Thompson Mr. Brian Thompson and students of his 5th grade class at W.J. Turner Elementary e Mayof oB6Agn'3n School, appeared before the City Council and expressed their appreciation to Mayor pdfreeiation in Bolen for his participation in the D.A.R.E. protest march against drugs on March 16, he D.A.R.E. pro= 1990. est march against rugs Minutes of City Council 0-3 Page 390 91 13 TUESDAY, APRIL 3, 1990 s. Sandra Ward re Ms. Sandra Ward, 2512 Hemphill, appeared before the City Council regarding ar Zoning Ordinance Problems that she is faced with at her place of business on Hemphill Street and requested help from the City Council. r.W.M.';Skinner re Mr. W.M. Skinner, 3612 College, appeared before the City Council and expressed ar Zoning Ordinanc appreciation to the City Council and spoke in favor of the proposed bar zoning ordinance. r. Mary Ann Pruitt Dr. Mary Ann Pruitt, 2214 Hemphill, appeared before the City Council and requested e Bar Zoning Or- help in regards to the drug problem in the Hemphill Street area and the overall ina nce condition of the Rosemont neighborhood area. s. Dawn Brandon re Ms. Dawn Brandon, 3600 Ryan Avenue, appeared before the City Council and advised ar Zoning Ordinan- the City Council of the problems that she faces while going to work at a place of e ar Zoning business located on Hemphill Street. r. Tom Oliver re Mr. Tom Oliver, 4013 8th Avenue, President of the Shaw Heights Neighborhood ar Zoning Ordinan- Association, appeared before the City Council and expressed support of the proposed bar e Council Member Chappell excused himself from the City Council table at zoning ordinance. he Reverend Darrell The Reverend Darrell Blaine, 4129 South Henderson, Minister of the South Fort laine re Bar Zon- Worth Baptist Church, appeared before the City Council and expressed support of the ng Ordinance proposed bar zoning ordinance. s. Suzi Shippy re Ms. Suzi Shippy, former business owner on Hemphill Street, appeared before the ar Zoning Ordinan- City Council and presented a letter requesting payment of costs incurred for the e subsequent removal of their business from Hemphill Street, allegedly caused by the crime in the Hemphill Street area. r. Carlos Puente Mr. Carlos Puente, President of the Northside Neighborhood Association, appeared e Bar Zoning before the City Council and expressed support of the proposed bar zoning ordinance and rdinance requested that the City Council provide with the strongest possible bar zoning ordinance. rs. June Goochey Mrs. June Goochey, 3533 Baldwin Avenue, appeared before the City Council and e Bar Zoning advised the City Council that the Rosemont Neighborhood is standing united behind the rdinance approval of a bar zoning ordinance. : r. Joe Cameron re Mr. Joe Cameron, 4605 Applewood Road, appeared before the City Council and ar Zoning expressed appreciation to the City Council for their efforts in bringing forth the bar rdinance zoning ordinance and expressed support of the bar ordinance. Council Member Chappell excused himself from the City Council table at this time. &C OCS-105 laims rene Bonner, frien f Anthony Calton imarquerito Coit eonardo Fuentes oe Hinojosa There was presented Mayor and Council Communication No. OCS-105 from the Office of the City Secretary recommending that notices of claims regarding alleged damages and/or injuries be referred to the Risk Management Department, as follows: 1. Claimant: Irene Bonner, as next friend of Anthony Calton, minor son Date Received:- March 14, 1990 Date of Incident: January 13, 1990 Attorney: Dushman & Friedman, P.C. (Lowell E. Dushman) Location of Incident: 3020 Avenue J _1 Estimate of Damages/ Injuries: Nature of Incident: 2. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 3. Claimant: Date Received: Date of Incident: Attorney: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 4. Claimant: Date Received:* Date of Incident: Location of Incident: $25,000.00 Claimant alleges damages and injuries suffered as a result of an automobile accident involving a City -owned vehicle (police car). Marquerite Coit March 23, 1990 Undeclared 5110 Blackmore, 5112 Blackmore Undeclared, Claimant alleges damages to property (alley fence). Leonardo Fuentes March 26, 1990 December 23, 1989 James Stanley 4100 Lisbon Undeclared :! Claimant alleges injuries and damages to automobile due to road conditions. Joe Hinojosa March 23, 1990 Undeclared 1100 E. Seminary Drive & Fair Park Blvd. Minutes of City Council 0-3 Page 391 392 TUESDAY, APRIL 3, 1990 Joe Hi no josa Estimate of Damages/ claim cont. Injuries: $469.67; $504.42 Nature of Incident: Claimant alleges damages to automobile as a result of accident involving City -owned vehicle (truck). Gary Steven Jacobs 5. Claimant: Gary Steven Jacobs Date Received: March 28, 1990 Date of Incident: February 21, 1990 Location of Incident: I-35 East near Beach Street Estimate of Damages/ Injuries: $70.00 Nature of Incident: Claimant is seeking to recover cost of damages as a result of police action. Lone Star Gas Company (Jim Horn ) 6. Claimant: Lone Star Gas Company (Jim Horn) Date Received: March 14, 1990 Date of Incident: December 27, 1989 Location of Incident: Lake Street and W. Lancaster Estimate of Damages/ Injuries: $2,021.51 Nature of Incident: Claimant alleges damages to property as a result of action taken by City. (Duane Koger) Fire 7. Claimant: (Duane Koger) Fireman's Fund Insurance Co. man's Fund Ing !r for Marilyn McBee surance Co. for Date Received: March 26, 1990 Marilyn McBee Date of Incident: December 20, 1989 Location of Incident: 2500 S. University Estimate of Damages/ Injuries: $10,052.09 plus bodily injury pending Nature of Incident: Claimant alleges injuries and damages to property and person of Marilyn McBee as a result of an accident due to road conditions. Lone Star Gas 8. Claimant: Lone Star Gas Company (Jim Horn) Company (Jim Horn) Date Received: March 14, 1990 Date of Incident: February 7, 1990 Location of Incident: 6157 Waco Way Estimate of Damages/ Injuries: $387.66 Nature of Incident: Claimant alleges damage to property as a result of action taken by the, City. Daniel Homer Moore 9• Claimant: Daniel Homer Moore Date Received:, March 26, 1990 - Date of Incident: February 26, 27, 1990 Location of Incident: 3708 Lost Creek Blvd., Aledo, Texas 76008 Estimate of Damages/ Injuries: $318.50 - $358.77 Nature of Incident: Claimant alleges damages to property caused by City crew extending an existing sewer line. John F. Prichard, 10. Claimant: John F. Prichard, D.D.S. D. D. S. Date Received March 14, 1990 Date of Incident: December 26, 1989 Location of Incident: 5662 Westover Ct. Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damage to property caused by City crew repairing a broken water main. Ramon Jack Siefkas 11. Claimant: Ramon Jack Siefkas Date Received: March 23, 1990 Date of Incident: September 28, 1989 Location of Incident: Marine Park, Lake Worth _ Estimate of Damages/ Injuries: • Undeclared Nature of Incident: Claimant alleges injuries suffered due to City's failure to properly maintain swing in park. Christi Smith 12. Claimant: Christi Smith Date Received: March 27, 1990 Date of Incident: January 25, 1990 Location of Incident: 2300 Ellis Estimate of Damages/ Injuries: $1,487.07 Nature of Incident: Claimant alleges damages to automobile as a result of an accident involving a City -owned vehicle (police car). Minutes of City Council 0-3 Page 392 X393 TUESDAY, APRIL 3, 1990 elvin Gerard ,' ( 13. Claimant: Delvin Gerard Williams illia ms Date Received: March 28, 1990 Date of Incident: March 11, 1990 Location of Incident: 5150 Calumet and 1700 Liberty Street Estimate of Damages/ Injuries: $97.77 - $500.00 Nature of Incident: Claimant alleges damages to property as a result of road conditions. &C OC S-10 5 adopted It was the consensus of the City Council that the recommendation be adopted. &C OCS- 10 6 There was presented Mayor and Council Communication No. OCS-106 from the Office of iability Bonds the City Secretary recommending that City Council authorize the acceptance or cancellation of bonds, as follows: CONTRACTOR'S BOND INSURANCE COMPANY Diestrol, Inc. Reliance Insurance Company L. Grimes & Company Gulf Insurance Company ITINERANT VENDORS BOND Hye Won and Ki Bum Lee Western Surety Company CEMENT BOND J.W. Robbins Cement Construction Company Fidelity & Deposit Company of Maryland CANCELLATIONS CONTRACTOR'S BOND CANCELLATION DATE INSURANCE COMPANY Tarrant Electric Corporation 5/28/90 United States Fidelity and #21510105 Guaranty Company &C OCS-106 adoptedll It was the consensus of the City Council that the recommendation be adopted. enefit Hearing It appearing to the City Council that the City Council on March 8, 1990, set today H-0006 as the date for the benefit hearing in connection with the assessment paving of Ellis Road from Handley Drive to Muse 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 March 13, 14, and 1�, 1990, Mayor Bolen asked if there was anyone present desiring to be heard. rs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public e BH -0006 Works, appeared before the City Council and called attention of the City Council to Mayor and Council Communication No. BH -0006, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF ELLIS ROAD FROM HANDLEY DRIVE TO MUSE STREET, (PROJECT NO. 67-040148-00) RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abutting property is specially benefited in enhanced value in excess of the amount assessed for the improvement of Ellis Road from Handley Drive to Muse Street. DISCUSSION: The 1986 Capital Improvement Program approved in March 1986 included funds for the improvement of Ellis Road from Handley Drive to Muse Street. The existing street consists of HMAC pavement in poor condition with curb and gutter. On March 8, 1990 (M&C G-8495), the City Council established April 3, 1990, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. The project is located in Council District 4. PROPOSED IMPROVEMENTS: It is proposed to improve this segment of Ellis Road by constructing seven-inch thick reinforced concrete pavement with seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade so that the finished roadway will be forty feet wide on a sixty 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 393 TUESDAY, APRIL 3, 1990 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 $8,229.48 (2%) for the property owners and $449,745.66 (98%) for the City of Fort Worth at large. The independent appraisal substantiates that 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 -0006 enhancements to property adjacent to Ellis Road from Handley Drive to Muse Street has been presented to the City Council, and that Mr. Martin is available for questioning. There being no one else present desiring to be heard in connection with the assessment paving of Ellis Road from Handley Drive to Muse Street, Council Member Granger made a motion, seconded by Council Member Garrison, that the hearing be closed and that the assessments be levied as recommended with the exception that Lots 1 and 2, Block 20, Meadowbrook Estates Addition, be assessed a total of $2,600.00. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member Granger introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Garrison. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: Mayor Pro tempore Gilley The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10554 10554 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF ELLIS ROAD, FROM HANDLEY DRIVE TO MUSE STREET, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING TO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. Benefit Hearing It appearing to the City Council that the City Council on March 8, 1990, set today BH -0007 as the date for the benefit hearing in connection with the assessment paving of Galvez Avenue from Sylvania Avenue to Judkins 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 March 13, 14, and 15, 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 -0007 Works, appeared before the City Council and called attention of the City Council to Mayor and Council Communication No. BH -0007, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF GALVEZ AVENUE FROM SYLVANIA AVENUE TO JUDKINS STREET (PROJECT NO. 67-040218-00) RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abutting property is specially benefited in enhanced value in excess of the amount assessed for the improvement of Galvez Avenue from Sylvania Avenue to Judkins Street. DISCUSSION: The 1986 Capital Improvement Program approved in March 1986, included funds for the improvement of Galvez Avenue from Sylvania Avenue to Judkins Street. The existing street consists of HMAC pavement in poor condition with curb and Minutes of City Council 0-3 Page 394 3"" H-0007 cont. gutter. It is located in the Riverside Target Area, and Community Development Block Grant funds will finance 15 percent of the construction cost. On March 8, 1990 (M&C G-8493), the City Council established April 3, 1990, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. The project is located in Council District 8. PROPOSED IMPROVEMENTS: It is proposed to improve this segment of Galvez Avenue by constructing six-inch thick reinforced concrete pavement with seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade so that the finished roadway will be thirty feet wide on a eighty foot right-of-way. Six-inch thick concrete driveway approaches and four -inch thick concrete sidewalks 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 $3,310.00 (2%) for the property owners and $159,783.70 (98%) for the City of Fort Worth at large. The independent appraisal substantiates that each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment. Mrs. Lunday advised the City Council that the report of Mr. Robert Martin regarding enhancements to the property adjacent to Galvez Avenue from Sylvania Avenue to Judkins Street has been presented to the City Council, and that Mr. Martin is available for questioning. There being no one else present desiring to be heard in connection with the assessment paving of Galvez Avenue from Sylvania Avenue to Judkins Street, Council Member Webber made a motion, seconded by Council Member Garrison, that the hearing be closed and that the assessments be levied as recommended with the exception that the assessment against Lot 3, Block 56, and Lot 5, Block 29, Riverside Addition, be set at $1,000.00 each.- When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member Webber introduced an ordinance and made a motion that it be adopted. ordinance The motion was seconded by Council Member Garrison. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: Mayor Pro tempore Gilley The ordinance, as adopted, is as follows: rdinance No. ORDINANCE NO. 10555 0555 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF GALVEZ AVENUE FROM SYLVANIA AVENUE TO JUDKINS STREET, AND PORTIONS OF SUNDRY OTHER STREETS, VENUES 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. enefi t Hearing It appearing to the City Council that the City Council on March 8, 1990, set today H-0008 as the date for the benefit hearing in connection with the assessment paving of Old Hemphill Road from Altamesa Boulevard to Stratton Road 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 March13, , and— 15, X90, Mayor Bolen asked if there was anyone present desiring to be heard. Minutes of City Council 0-3 Page 395 396 TUESDAY, APRIL 3, 1990 Mrs. Martha-Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public re BH -0008 Works, appeared before the City Council and called attention of the City Council to Mayor and Council Communication No. BH -0008, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF OLD HEMPHILL ROAD FROM ALTAMESA BOULEVARD TO STRATTON ROAD (PROJECT NO. 67-040211-00) RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abutting property is specially benefited in enhanced value in excess of the amount assessed for the improvement of Old Hemphill Road from Altamesa Boulevard to Stratton Road. DISCUSSION: The 1986 Capital Improvement Program approved in March 1986, included funds for the improvement of Old Hemphill Road (also known as Valera Road) from Altamesa Boulevard to Stratton Road. The existing street consists of HMAC pavement in poor condition with curb and gutter. The roadway was widened and improved by the State Department of Highways and Public Transportation in 1976 as part of the I -35W reconstruction project. Existing HMAC pavement credit of 75%, and concrete curb and driveway approach credits of 80%, were applied where appropriate. On March 8, 1990 (M&C G-8497), the City Council established April 3, 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 6. PROPOSED IMPROVEMENTS: It is proposed to improve this segment of Old Hemphill Road by constructing an eight -inch thick reinforced concrete pavement with a seven-inch high attached concrete curb over a three-inch asphaltic concrete base on a six-inch thick lime stabilized subgrade so that the finished roadway will be forty feet wide on an eighty foot right-of-way. Six-inch thick reinforced concrete driveway approaches will be constructed where shown on the plans. ASSESSMENTS: This street has previously been constructed to City standards; therefore, in accordance with the Assessment Paving Policy, properties zoned and used for one- and two-family residences are not being assessed. An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. Based on standard City policy, the City Engineer's estimate, and the advice of the independent appraiser, the cost of the construction has been computed at $13,060.90 (7%) for the property owners and $169,428.00 (93%) for the City of Fort Worth at large. The independent appraisal substantiates that each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment. Mrs. Lunday advised the City Council that the report of Mr. Robert Martin regarding enhancements to property adjacent to Old Hemphill Road from Altamesa Boulevard to Stratton Road has been presented to the City Council, and that Mr. Martin is available for questioning. There being no one else present desiring to be heard in connection with the assessment paving of Old Hemphill Road from Altamesa Boulevard to Stratton Road, Council Member Granger made a motion, seconded by Council Member McCray, that the hearing be closed and assessments levied as recommended. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Granger introduced an ordinance and made a motion that it be Introduced an adopted. The motion was seconded by Council Member McCray. The motion, carrying with ordinance it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: Mayor Pro tempore Gilley The ordinance, as adopted, is as follows: Minutes of City Council 0-3 Page 396 .397 TUESDAY, APRIL 3, 1990 Ordinance No. ORDINANCE NO. 10556 10556 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR -PART OF THE COST OF IMPROVING A PORTION OF OLD HEMPHILL ROAD, FROM ALTAMESA BOULEVARD TO STRATTON ROAD, 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. It appearing to the City Council that the City Council on March 8, 1990, set today Benefit Hearing as the date for the benefit hearing in connection with the assessment paving of May BH -0009 Street from Felix Street to Kellis Road and that notice of the hearing has been given cont. -for one-week by publication in the Fort Worth Commercial Recorder, the official newspaper of the City of Fort Worth, Vis, on March 13, 1T, and 15, 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 -0009 Works, appeared before the City Council and called attention of the City Council to Mayor and Council Communication No. BH -0009, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF MAY STREET FROM FELIX STREET TO KELLIS ROAD, (PROJECT NO. 67-040206-00) RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abutting property is specially benefited in enhanced value in excess of the amount assessed for the improvement of May Street from Felix Street to Kellis Road. 1 1 DISCUSSION: The 1986 Capital Improvement Program approved in March 1986, included funds for the improvement of May Street from Felix Street to Kellis Road. The existing street consists of HMAC pavement in poor condition with some curb and some gutter. On March 8, 1990 (M&C G-8494), the City Council established April 3, 1990, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. The project is located in Council District 8. PROPOSED IMPROVEMENTS: It is proposed to improve this segment of May Street by constructing six-inch thick reinforced concrete pavement with seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade so that the finished roadway will be twenty-eight feet wide on a fifty foot right-of-way. Six-inch thick concrete driveway approaches will be constructed where shown on the plans. ASSESSMENTS: This street has previously been constructed partially to City standards; therefore, in accordance with the Assessment Paving Policy, properties with existing curb and gutter, 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 $64,408.85 (28%) for the property owners and $167,025.43 (72%) for the City of Fort Worth at large. , The independent appraisal substantiates that each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment. Mrs. Lunday advised the City Council that the report of Mr. Robert Martin regarding enhancements to property adjacent to May Street from Felix Street to Kellis Road has been presented to the City Council, and that Mr. Martin is available for questioning. There being no one else present desiring to be heard in connection with the assessment paving of May Street from Felix Street to Kellis Road, Council Member Webber Minutes of City Council 0-3 Page 397 398 BH -0009 cont. made a motion, seconded by Council Member McCray, that the hearing be continued from day to day and from time to time and especially to the City Council meeting of April 10, 1990, to give every interested citizen an opportunity to be heard. 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 March 8, 1990, set today BH -0010 as the date for the benefit hearing in connection with the assessment paving of Sheridan Road North from Parkway Drive to Dead-end 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 March 13, 14, and 15, 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 -0010 Works, appeared before the City Council and called attention of the City Council to Mayor and Council Communication No. BH -0010, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF SHERIDAN ROAD NORTH FROM PARKWAY DRIVE TO DEAD-END, (PROJECT NO. 67-040211-00) RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abutting property is specially benefited in enhanced value in excess of the amount assessed for the improvement of Sheridan Road North from Parkway Drive to dead-end. DISCUSSION: The 1986 Capital Improvement Program approved in March 1986, included funds for the improvement of Sheridan Road North from Parkway Drive to dead-end. The existing street consists of HMAC pavement in poor condition with curb and gutter. On March 8, 1990 (M&C G-8496), the City Council established April 3, 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 6. PROPOSED IMPROVEMENTS: It is proposed to improve this segment of Sheridan Road North by constructing six-inch thick reinforced concrete pavement with seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade so that the finished roadway will be thirty feet wide -on a fifty foot right-of-way. Six-inch thick concrete driveway approaches will be constructed where shown on the plans. ASSESSMENTS• This street has previously been constructed to City standards; therefore, in accordance with the Assessment Paving Policy, properties zoned and used for one- and two-family residences are not being assessed. An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. Based on standard City policy, the City Engineer's estimate and the advice of the independent appraiser, the cost of the construction has been computed at $3,000.00 (8%) for the property owners and $34,446.20 (92%) for the City of Fort Worth at large. The independent appraisal substantiates that each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment. Mrs. Lunday advised the City Council that the report of Mr. Robert Martin regarding enhancements to property adjacent to Sheridan Road North from Parkway Drive to Dead-end has been presented to the City Council, and that Mr. Martin is available for questioning. r There being no one else present desiring to be heard in connection with the assessment paving of Sheridan Road North from Parkway Drive to dead-end, Council Member Garrison made a motion, seconded by Council Member Granger, that the hearing be closed and assessments levied as recommended. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced"an Council Member Garrison introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Granger. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell Minutes of City Council 0-3 Page 398 399 TUESDAY, APRIL 3, 1990 NOES: None ABSENT: Mayor Pro tempore Gilley The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10557 10557 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF SHERIDAN ROAD NORTH, FROM PARKWAY DRIVE TO DEAD END, 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-8532 re There was presented Mayor and Council Communication No. G-8532 from the City waiver of rental Manager stating that Meals on Wheels, Inc., has requested free use of the Round Up Inn for the Round Up on April 28, 1990, for an Appreciation Event for its volunteers; that the group will be Inn responsible for the City's labor costs and catering fee; and recommending that the rental fee of $550.00 for the Round Up Inn be waived for the Meals on Wheels, Inc., Appreciation Event for volunteers on April 28, 1990. It was the consensus of the City Council that the recommendation be adopted. M&C G-8533 re There was presented Mayor and Council Communication No. G-8533 from the City Mousercise Manager stating that this year's Walt Disney World on Ice will be performing at the Tarrant County Convention Center in April; that Mickey Mouse is celebrating his 60th birthday and is promoting eating the right foods and exercising; that Mickey Mouse, the instructor, will lead the class in exercises during the lunch hour on April 17 on Main Street adjacent to General Worth Square; that, to ensure the safety of the participants and spectators, Downtown Fort Worth, Inc., is requesting City Council's approval to temporarily close Main Street from 8th to 9th Streets from 11:00 a.m. until 2:00 p.m. on Tuesday, April 17, 1990; that Downtown Fort Worth, Inc., has a certificate of liability insurance on file with the City and will secure the necessary barricades; and recommending that the City Council approve the request of Downtown Fort Worth, Inc., to temporarily close Main Street from 8th to 9th Streets on Tuesday, April 17, 1990, from 11:00 a.m. until 2:00 p.m., for "Mousercise". It was the consensus of the City Council that the recommendation be adopted. M&C G-8534 re There was presented Mayor and Council Communication No. G-8534 from the City refund of tax over Manager stating that the Texas Property Tax Code requires that a taxpayer must request payments a refund for tax overpayment within three years of that payment; that Section 31.11 of the Property Tax Code further requires approval by the governing body before refunding overpayments or erroneous payments in instances where the refund exceeds $500.00; that the Revenue Collection Division of the Finance Department has verified that erroneous payment or overpayments were made and funds are available in General Fund 01, Account No. 13-40-20, Index Code 011106; and recommending that accounts totalling $78,012.51 be approved for refunds, as follows: ACCOUNT NO. LEGAL DESCRIPTION NAME AMOUNT 0019-37-98 Lot 59 Blk 16 Home Savings of $ 1,024.83 1988 Taxes Benbrook Lakeshore Est. America (School Only) Taxes Paid Twice 0059-98-40 Lot 110 Blk D Southwest Land Title 1,040.15 1989 Taxes Royale Orleans South Condo, Co... (City/School) Taxes Paid Twice 0062-47-80 Lot 1 Blk 3 = Beverage Supermarket 1,104.39 1989 Taxes Cook Industrial Add (City Only) Taxes Paid Twice 0120-07-55 Lot 1-3 Blk 6 Texas Hotel & 4,607.97 1989 Taxes Hemphill Hts Add 2nd F Restaurant (City/School) Taxes Paid Twice 0247-72-97 Lot 11 & 10B Blk 2 Mebane, Bette 5,449.10 1989 Taxes Riverview Estates (City/School) Taxes Paid Twice Minutes of City Council 0-3 Page 399 400 TUESDAY, APRIL 3, 1990 M&C G-8534 cont. 0361-35-34 Lot 15 Blk 15 Adams, David L. 1989 Taxes Woodhaven Country Club Ests (City/School) Taxes Paid Twice 0387-66-24 AB 496 TR 1&2 National Farm Life 1989 Taxes H H Edwards Sur. Insurance (City/School) Taxes Paid Twice 0497-14-93 1989 Taxes 0627-57-29 1989 Taxes 0821-93-62 1989 Taxes 0331-88-18 1989 Taxes Lot 2A Blk 9 Post Oak Village (City Only) Taxes Paid Twice Lot - Blk 3 Medical Centre (City/School) Taxes Paid Twice Personal Property (City/School) ..Taxes Paid Twice Lot 1, Block 14 Weatherfords, PR Add. (City/School) Taxes Paid Twice 0590-51-76 Lot 4, Block 14 1989 Taxes Southgate Phase #1 (City Only) Taxes Overpaid 0342-62-70 Lot 12, Block 8 settlement of law- 1988 Taxes Western Hills Add. suit styled Sec. III Beverly Rogers..: (City/School) Smith Taxes Paid Twice 0477-14-19 Lot 15, Block 15 1989 Taxes Woodhaven Country Club Ests. (City Only) Taxes Overpaid 0590-51-76 Lot 4, Block 14 1989 Taxes Southgate Phase #1 (City Only) Taxes Overpaid Sunbelt Savings Sunbelt Savings FSB Comcast Sound Communication Rattikin Title Co. Investors Residential Mtg. Huntington Paige Assoc. Citicorp Mortgage, Inc. Rattikin Title Co. r Hudson-Rovenger Rent A/C 2,961.61 4,063.85 43,249.04 4,181.30 1,096.57 1,276.52 1,174.02 2,471.41 1,000.00 1,609.20 1,702.55 Account Total $78,012.51 M&C G-8534 adopted 11 It was the consensus of the City Council that the recommendation be adopted. M&C G-8535 re 0041-01-52 Lot 1, Block 2 settlement of law- 1989 Taxes Candleridge suit styled (City/School) Beverly Rogers..: Taxes Paid Twice Smith 0259-55-24 Lot 3, Block 43 1989 Taxes Ryan & Pruitt (City/School) Taxes Paid Twice Sunbelt Savings Sunbelt Savings FSB Comcast Sound Communication Rattikin Title Co. Investors Residential Mtg. Huntington Paige Assoc. Citicorp Mortgage, Inc. Rattikin Title Co. r Hudson-Rovenger Rent A/C 2,961.61 4,063.85 43,249.04 4,181.30 1,096.57 1,276.52 1,174.02 2,471.41 1,000.00 1,609.20 1,702.55 Account Total $78,012.51 M&C G-8534 adopted 11 It was the consensus of the City Council that the recommendation be adopted. M&C G-8535 re There was presented Mayor and Council Communication No. G-8535 from the City settlement of law- Manager stating that the lawsuit styled Beverly Rogers Smith versus City of Fort Worth, suit styled Texas and Wynn Aris Wilson arose out of a motor vehicle accident which occurred on or Beverly Rogers..: about March 2, 1987, at the intersection of Texas Street and Henderson Street, Fort Smith Worth, Texas; that suit has been filed against both the City and Wynn Avis Wilson alleging negligent operation of a motor vehicle; that the City has filed a counterclaim seeking recovery of vehicular property damage and reimbursement for certain workers' compensation benefits paid in connection with certain injuries sustained by Mr. Wilson; that, if approved by the City Council, this settlement will result in the payment of $15,500.00 by the City to the Plaintiff and the City will further pay the taxable court costs in the case; that, as part of the settlement, the City also will dismiss its above-mentioned counterclaim with prejudice; that funds are available in Commercial/City Self -Insurance Fund 71, Account No. 15-71-20, Index Code No. 399188; and recommending that the City Council approve the settlement and authorize expenditure of $15,500.00 and taxable court costs as part of such settlement, and further recommending that the City Council authorize the dismissal of the City's counterclaim in this case, with prejudice, and that the appropriate City personnel be authorized to execute the documents necessary to accomplish this settlement. On motion of Council Member Garrison, seconded by Council Member Webber, the recommendation was adopted. Council Member Chappell assumed his chair at the Council table at this time. M&C G-8536 re There was presented Mayor and Council Communication No. G-8536 from the City contract with Fort Manager stating that the City Council approved additional terms and conditions to the Worth Indenendent concessions contract with the Fort Worth Zoological Association, City Secretary School District Contract No. 16138, which included "The City will develop a proposed parking plan for Board of Education Minutes of City Council 0-3 Page 400 401' TUESDAY, APRIL 3, 1990 M&C G-8536 cont. the Forest Park and the Zoo which will include the possibility of a remote parking site ..."; that, in compliance with the direction given by the City Council, staff established the Forest Park Parking Committee made up of representatives of nearby neighborhood associations and other interested organizations; that the Committee's first recommendation for remote parking was not implemented because an agreement was not reached for the use of a.private site; that the east parking lot of Farrington Field would be used for remote parking for Forest Park and Zoo users; that, under an agreement with the Fort Worth Transportation Authority; two buses would provide shuttle services to and from Farrington Field and the Zoo at 15 -minutes intervals; that the estimated cost to the City for this service would be approximately $20,500.00; that, to be able to underwrite the cost of this plan, a parking fee of $1.00 per vehicle would be charged to park at the main parking lot during the same period the shuttle service is provided; that, in exchange for the use of the Farrington Field parking lot, the Fort Worth Independent School District would be offered free admission to all elementary student groups attending the Zoo; and recommending that the City Council authorize the City Manager to: 1. Execute an agreement with the Fort Worth Independent School District Board of Education to use the east parking lot at Farrington Field as a remote parking lot for Forest Park and the Zoo on weekends and holidays from April 14 - September 30, 1990; 2. Enter into an agreement with the Fort Worth Transportation Authority (FWTA) to provide bus shuttle service between the Farrington Field parking lot and Forest Park/Zoo at a cost not to exceed $20,500.00; and 3. Charge a one dollar ($1.00) fee per vehicle for parking at the Zoo main gate parking lot during the days the bus shuttle service is provided. Mrs. Terri Ellis Mrs. Terri Ellis, 1205 Mistletoe Drive, appeared before the City Council and re M&C G-8536 requested that the City Council give favorable consideration to the recommendation for the remote parking plan for Forest Park and Zoo. M&C G -8537t -re upheld recommenda- tion for denial of absence by Charles R. Gentry NOES: None ABSENT: Mayor Pro tempore Gilley NOT VOTING: Council Member Chappell There was presented Mayor and Council Communication No. G-8537 from the City Manager, as follows: SUBJECT: REQUEST FOR EXTENSION OF GENTRY RECOMMENDATION: INJURY LEAVE OF ABSENCE BY CHARLES R. It is recommended that Firefighter Charles R. Gentry's request for an extension of injury leave of absence pay benefits be denied by City Council. i DISCUSSION: i Mr. Charles R. Gentry, a 40 -year old firefighter with the Fort Worth Fire Department, sustained injuries from an accident while on duty April 2, 1989. This injury resulted in surgery on May 23, 1989, and again on January 31, 1990, at which time he had a complete decompression surgery of the right shoulder in which part of his collar bone was removed and half the thickness of the shoulder bone was removed. Dr. R. W. Hunnicutt, an orthopedic specialist believes that full recovery will be approximately 8 months from the time of surgery. Minutes of City Council 0-3 Page 401 Mr. Charles Norman Mr. Charles Norman, 1945 Dartmoor Court, appeared before the City Council and re M&C G-8536 requested that the City Council give favorable consideration to the recommendations as contained in Mayor and Council Communication No. G-8536 and requested that they be able to keep the green space around Forest Park area. Mrs. Carlotta Mrs. Carlotta Norman, 1945 Dartmoor Court, appeared before the City Council and Norman re M&C G- expressed support of the remote parking plan for Forest Park and the Fort Worth Zoo. 8536 , Council Member Chappell requested that he be allowed to abstain from voting on Mayor and Council Communication No. G-8536 involving the Fort Worth Independent School District. Council Member Garrison made a motion, seconded by Council Member Webber, that Council Member Chappell be permitted to abstain from voting on Mayor and Council Communication No. G-8536, involving the Fort Worth Independent School District. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Garrison made a motion, seconded by Council Member Webber that the recommendations, as contained in Mayor and Council Communication No. G-8536, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Council Members Zapata, Garrison, Granger, McCray, and Webber M&C G -8537t -re upheld recommenda- tion for denial of absence by Charles R. Gentry NOES: None ABSENT: Mayor Pro tempore Gilley NOT VOTING: Council Member Chappell There was presented Mayor and Council Communication No. G-8537 from the City Manager, as follows: SUBJECT: REQUEST FOR EXTENSION OF GENTRY RECOMMENDATION: INJURY LEAVE OF ABSENCE BY CHARLES R. It is recommended that Firefighter Charles R. Gentry's request for an extension of injury leave of absence pay benefits be denied by City Council. i DISCUSSION: i Mr. Charles R. Gentry, a 40 -year old firefighter with the Fort Worth Fire Department, sustained injuries from an accident while on duty April 2, 1989. This injury resulted in surgery on May 23, 1989, and again on January 31, 1990, at which time he had a complete decompression surgery of the right shoulder in which part of his collar bone was removed and half the thickness of the shoulder bone was removed. Dr. R. W. Hunnicutt, an orthopedic specialist believes that full recovery will be approximately 8 months from the time of surgery. Minutes of City Council 0-3 Page 401 402 TUESDAY, APRIL 3, 1990 &C G-8537 cont. Chapter 143, Texas Local Government Code which pertains to Firemen's and Policemen's Civil Service, states that a firefighter will be entitled to receive injury leave of absence with full pay as outlined in that statute for a period of up to one year when the injuries result from an on-the-job accident. Thereafter, the statute provides for the use of accrued benefits (sick leave, vacation time, etc.) in combination with Workers' Compensation benefits (where applicable) to insure continuation of full salary during an extended period of disability. On April 3, 1990, Mr. Gentry will have received one full year of injury leave of absence with full pay, a portion of which has been comprised of Workers' Compensation benefits. Mr. Gentry will continue to receive weekly workers' compensation benefit checks ($238 per week) until such time as his eligibility changes; i.e., the claim is resolved, through release to return to work, etc. As of April 7, 1990, he may choose to use his accumulated benefits (vacation, sick leave, etc.) in combination with workers' compensation weekly benefits to ensure continuity of his full salary. The accumulated benefits and future accruals combined with workers' compensation benefits will ensure the equivalent of a full salary for approximately 8 months. Chapter 143 also allows an injured firefighter the option to request from the City Council an extension of the injury leave of absence with full pay upon the expiration of the one-year period. Mr. Gentry requested such an extension in correspondence dated March 2, 1990, rather than use his accrued benefits. In four prior requests of several years ago, three involving firefighters and one involving a police officer: in similar situations, the City Council denied their requests. &C G-8537 adopted On motion of Council Member Chappell, seconded by Council Member Garrison, the recommendation, as contained in Mayor and Council Communication No. G-8537, was adopted. &C G-8538 re There was presented Mayor and Council Communication No. G-8538 from the City ayment to Deloitte Manager stating that the decision which delayed the MARS implementation also placed an nd Touche extra load on the accounting staff by requiring the work for the MARS accounting system preparation to be in the same time period as the accomplishment of the annual audit; that, as a result, a decision was made to engage the independent auditor to accomplish much of the audit support normally provided by the accounting staff at a cost of $15,600.00; that additional work required by the independent auditors during the 1989 annual audit because of the revision in the depreciation schedule for fixed assets in the Water Department amounted to $4,850.00; and recommending that the City Council adopt a supplemental appropriations ordinance increasing appropriations by $20,450.00 in General Fund 01, Non -Departmental Account No. 90-10-00, and decreasing the Unreserved, Undesignated General Fund 01 fund balance by the same amount and that payment in the amount of $20,450.00 be approved to Deloitte and Touche for work performed for the City in addition to the normal annual audit. On motion of Council Member Garrison, seconded by Council Member Chappell, the recommendationswere adopted. ntroduced an rdinance Council Member Garrison introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: Mayor Pro tempore Gilley The ordinance, as adopted, is as follows: rdi nance No. ORDINANCE NO. 10558 0558 AN ORDINANCE INCREASING APPROPRIATIONS IN THE GENERAL FUND O1, NON -DEPARTMENTAL ACCOUNT NO. 90-10-00, OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1989-90 BY THE SUM OF $20,450 AND DECREASING THE UNRESERVED, UNDESIGNATED FUND BALANCE OF THE GENERAL FUND O1 BY THE SAME AMOUNT FOR THE PURPOSE OF COMPENSATING DELOITTE AND TOUCHE FOR WORK PERFORMED FOR THE CITY IN ADDITION TO THE NORMAL ANNUAL AUDIT; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY,OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. Minutes of City Council 0-3 Page 402 403 ..� r &C G-8539 re There was presented Mayor and Council Communication No. G-8539 from the City ettlement of claim Manager stating that Amersham Corporation filed a claim for property damage alleging iled by Amersham proper procedures were not followed prior to its vehicle being sold at an auction at orporation the Fort Worth Auto Pound; that, while admitting no liability in this matter, the Risk Management Department has negotiated with Amersham Corporation and has agreed to a settlement of $5,700.67, which represents proceeds from the sale of the vehicle less charges for towing, storage, pound fee, and auctioneers fee; that funds are available in the General Fund 01, Account No. 35-55-01, Index Code 266221; and recommending that the City Council approve the settlement of the claim filed by Amersham Corporation and authorize the City Manager to expend the sum of $5,700.67 for the settlement agreed to by Amersham Corporation and the City of Fort Worth. It was the consensus of the City Council that the recommendation be adopted. &C G-8540 re There was presented Mayor and Council Communication No. G-8540 from the City ont. for one week Manager stating that Mr. James Ray Jones filed a lawsuit against the City of Fort Worth in January 1990 to recover injuries received, as the result of an automobile accident with a police unit which occurred on March 16, 1989; that, while admitting no liability, but to avoid further and costly litigation, a settlement agreement was negotiated to settle this lawsuit for $62,500.00; that funds are available in Fund 71, Account No. 15-71-20, Index Code 399188; and recommending that the City Council authorize payment in the amount of $62,500.00 plus taxable court costs to the Plaintiff, Mr. James Ray Jones, and his attorney to effect settlement in this cause of action. It was the consensus of the City Council that consideration of Mayor and Council Communication No. G-8540 be continued for one week at the request of City Manager Ivory. M&C G-8541 re There was presented Mayor and Council Communication No. G-8541 from the City use of General Manager stating that Downtown Fort Worth, Inc., has included portions of General Worth Worth Square by Square in its Main Street Arts Festival; that the festival is a three-day celebration Downtown Fort Worth, using most of Main Street from the Court House to 9th Street, and showcasing the City's Inc. visual and performing arts with concerts, art exhibits, and with sale of food, beverages, arts and crafts; that Downtown Fort Worth, Inc., has requested the use of the park at General Worth Square for the Main Street Arts Festival from April 6 through April 8, 1990, and will pay the established fee of $1,500.00 for a public event of 10,000 persons or more; that Downtown Fort Worth, Inc., also requested to use the park for two large inflatable (beer can and beer bottle) displays to advertise a major sponsor of Main Street and that the City waive its usual fee of ten percent of gross sales for concessions sold in the park; that it is the recommendation of the City Manager's Office that the City receive ten percent of the revenue DTFW, Inc., receives from such sales; and recommending that the City Council: 1. approve the use of General Worth Square by Downtown Fort Worth, Inc., (DTFW, Inc.) for the Main Street Arts Festival from April 6-8, 1990; 2. allow the display of two inflatable beer advertising displays in the Park, if no other sites can be located, with the understanding that this may be done only this year; and 3. approve payment to the City of ten percent of the concession revenue received by DTFW, Inc., for food and beverage and/or merchandise sold in the Park. Mr. Ken Devero re Mr. Ken Devero, 7205 Oakwood Trail, representing Downtown Fort Worth, Inc., M&C G-8540 appeared before the City Council and presented posters for the Main Street Arts Festival. Council Member Zapata made a motion, seconded by Council Member Garrison, that the recommendations, as contained in Mayor and Council Communication No. G-8541, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Council Members Zapata, Garrison, Granger, McCray, and Chappell NOES: Council Member Webber ABSENT: Mayor Pro tempore Gilley M&C P-4154 re purchase of con- There was presented Mayor and Council Communication No, P-4154 from the City tinuous forms Manager submitting a tabulation of bids received for the purchase of continuous forms for Information Systems and Services Department; stating that funds are available in General Fund 01, Account No, 04-20-00, Index Code 228833; and recommending that the purchase be made from Uarco, Inc., for an amount of $8,560.00 and Moore Business Forms ' for an amount of $9,452.00, for an amount of $18,012.00 plus ten percent allowed overage, for a total not to exceed $19,813.20, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-4155 re purchase of traffic There was presented Mayor and Council Communication No. P-4155 from the City signal wire Manager submitting a tabulation of bids received for the purchase of traffic signal wire for the Transportation and Public Works Department; stating that purchases will be charged to Public Works Fund 01, Subsidiary Account No. 141-000273; and recommending that the purchase be made from Summers Electric on bid of $18,684.25 less two percent Minutes of City Council 0-3 Page 403 404 TUESDAY, APRIL 3, 1990 M&C P-4155 cont. 30 days, net f.o.b. Fort Worth. It was the consensus of the City Council that the and adopted recommendation be adopted. M&C P-4156 re There was presented Mayor and Council Communication No. P-4156 from the City purchase of con- Manager submitting a tabulation of bids received for the purchase of concrete pipe for crete pipe the Transportation and Public Works Department; stating that funds are available in General Fund 01, Account No. 20-80-03, Index Code 239442; and recommending that the purchase be made from Concrete Pipe and Products, Inc., on low bid of $11,256.20, two percent 30 days, for an amount of $11,030.88 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-4157 re There was presented Mayor and Council Communication No. P-4157 from the City purchase agreement Manager submitting a quotation received for a purchase agreement for E.I.M. for E.I.M. instru- instrumentation repair for City departments; stating that budgeted funds are sufficient mentation repair to cover the anticipated expenditure by each department participating in this agreement; and recommending that the City Council authorize a purchase agreement with E.I.M. Company, Inc., c/o Lynn Elliott as a sole source, for an amount not to exceed $20,000.00 annually and authorize the term of agreement to be effective from date of authorization by City Council until one year later. It was the consensus of the City Council that the recommendations be adopted. M&C P-4158 re There was presented Mayor and Council Communication No. P-4158 from the City purchase agreement Manager submitting a tabulation of bids received for a one-year purchase agreement, with Polaroid film with one-year renewal option, to provide Polaroid film for all City departments; 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. A one-year purchase agreement with one-year renewal option to provide Polaroid film with Barry's Camera, Commercial Sales, on the low bid of unit prices as follows: 2. The City Manager, at his discretion, to authorize the one-year renewal option; 3. All City departments to participate in this agreement, if needed; and 4. The agreement to begin the date of authorization and end one year later or option for renewal is authorized. M&C P-4158 adopted It was the consensus of the City Council that the recommendations be adopted. M&C P-4159 re There was presented Mayor and Council Communication No. P-4159 from the City purchase of signal Manager submitting a tabulation of bids received for the purchase of signal heads and heads and pede- : pedestrian signals for the Transportation and Public Works Department; stating that strain signals purchases will be charged to General Fund 01, Inventory Subsidiary Account No. 141-000273; and recommending that the purchase be made from Hi -Tech Signals, Inc., on the total low overall bid of $27,876.50 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-4160 re There was presented Mayor and Council Communication No. P-4160 from the City purchase of safety Manager stating that Mayor and Council Communication No. P-3843, dated November 21, storage building 1989, has been amended to include charge for preparation of site area for storage from Steelwright building which was not included in the original bid; that the vendor has agreed to Manufacturing Corp furnish service at $600.00; stating that funds are available in General Fund 01, Account No. 35-55-01, Index Code 266221; and recommending that the City Council amend the recommendation of Mayor and Council Communication No. P-3843, approved on November 21, 1989, for the purchase of Safety Storage Building from Steelwright Manufacturing Corporation for the Police Department to include additional charges of $600.00 for a total amount not to exceed $23,408.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-4161 re There was presented Mayor and Council Communication No. P-4161 from the City purchase agreement Manager submitting a tabulation of bids received for a purchase agreement for the with Gohmann - Asphalt purchase of hot mix/cold lay asphalt for various City departments; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that the purchase agreement be authorized with Gohmann Asphalt on its low bid of unit price at $17.50 per ton; that all City departments be authorized to use the agreement, if needed; and that the term of the agreement begin the date of authorization by City Council and end one year later. It was the consensus of the City Council that the recommendation be adopted. M&C P-4162 re purchase agreement 1. Polaroid Sun 600 $525.00 Per Case purpose of Interna- 2. Polaroid SX 70 $525.00 Per Case one year with 3. Polaroid 667 $284.50 Per Case 4. ' Polaroid 668 $439.25 Per Case 5. Polaroid Spectra $525.00 Per Case 6. Polaroid 339 $193.00 Per Case 2. The City Manager, at his discretion, to authorize the one-year renewal option; 3. All City departments to participate in this agreement, if needed; and 4. The agreement to begin the date of authorization and end one year later or option for renewal is authorized. M&C P-4158 adopted It was the consensus of the City Council that the recommendations be adopted. M&C P-4159 re There was presented Mayor and Council Communication No. P-4159 from the City purchase of signal Manager submitting a tabulation of bids received for the purchase of signal heads and heads and pede- : pedestrian signals for the Transportation and Public Works Department; stating that strain signals purchases will be charged to General Fund 01, Inventory Subsidiary Account No. 141-000273; and recommending that the purchase be made from Hi -Tech Signals, Inc., on the total low overall bid of $27,876.50 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-4160 re There was presented Mayor and Council Communication No. P-4160 from the City purchase of safety Manager stating that Mayor and Council Communication No. P-3843, dated November 21, storage building 1989, has been amended to include charge for preparation of site area for storage from Steelwright building which was not included in the original bid; that the vendor has agreed to Manufacturing Corp furnish service at $600.00; stating that funds are available in General Fund 01, Account No. 35-55-01, Index Code 266221; and recommending that the City Council amend the recommendation of Mayor and Council Communication No. P-3843, approved on November 21, 1989, for the purchase of Safety Storage Building from Steelwright Manufacturing Corporation for the Police Department to include additional charges of $600.00 for a total amount not to exceed $23,408.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-4161 re There was presented Mayor and Council Communication No. P-4161 from the City purchase agreement Manager submitting a tabulation of bids received for a purchase agreement for the with Gohmann - Asphalt purchase of hot mix/cold lay asphalt for various City departments; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that the purchase agreement be authorized with Gohmann Asphalt on its low bid of unit price at $17.50 per ton; that all City departments be authorized to use the agreement, if needed; and that the term of the agreement begin the date of authorization by City Council and end one year later. It was the consensus of the City Council that the recommendation be adopted. M&C P-4162 re purchase agreement There was presented Mayor and Council Communication No. P-4162 from the City for the Manager stating that a purchase agreement with Southwest International was authorized purpose of Interna- by City Council on May 16, 1989, by Mayor and Council Communication No. P-3452 to genuine genual Navistar provide original equipment manufacturer replacement parts for a period of one year with replacement parts option to renew for one additional year; that Southwest International has agreed to Minutes of City Council 0-3 Page 404 40-5 TUESDAY, APRIL 3, 1990 &C P-4162 cont. hold the quoted discount firm for another year and the City Services Department has requested the Council to exercise option to renew the agreement; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that the City Council exercise the option to renew the purchase agreement for the purchase of genuine International Navistar replacement parts with Southwest International on low bid of unit prices at National Fleet price less five percent, with the term of agreement to begin May 16, 1990, and end one year later. It was the consensus of the City Council that the recommendation be adopted. M&C P-4163 re purchase agreement There was presented Mayor and Council Communication No. P-4163 from the City with Central Manager stating that a one-year purchase agreement with a renewal option for two Dental laboratory, additional years was authorized by City Council on March 29, 1988, and amended on Inc. May 2, 1989, with Central Laboratory to supply full dentures and relines for the Health Department; that the vendor has provided the service at a satisfactory level and the Health Department recommends the City exercise the second renewal option; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that the City Council: _3._ Authorize the purchase of agricultural chemicals for the Park and Recreation Department from multiple vendors, meeting City specifications, on a low bid per item basis with the casting of lots to determine the vendor for tie bids submitted for Item 31. Bids per items are as follows: 1. Mann Ag Service, Inc. $49,549.65 2. Chemical & Turf Specialty Company 21,639.13 3. Estes Chemicals, Inc. 983.64 4. Terra International, Inc. 7,262.75 5. Esco Distributors, Inc. 813.20 6.__ Lesco, Inc. _' 1,956.20 7. A. H. Hummert Seed Company 1,315.00 8. Van Waters and Rogers 9,164.14 Subtotal $92,683.71 Minutes of City Council 0-3 Page 405 1. Authorize the second option for renewal of a purchase agreement with Central Dental Laboratory, Inc., to supply full dentures and relines for the Health Department on its'bid, meeting City. specifications, of unit prices net, f.o.b. Fort Worth, as follows: a) Full Dentures $130.00/per set b) Relines $ 25.00/per unit 2. The renewal option of this purchase agreement to become effective March 29, 1990, and end one year later. M&C P-4163 adopted It was the consensus of the City Council that the recommendations be adopted. M&C P-4164 re There was presented Mayor and Council Communication No. P-4164 from the City purchase agreement Manager stating that a purchase agreement with North Loop Dodge was authorized by the with North Loop City Council on May 23, 1989, by Mayor and Council Communication No. P-3485 for genuine Dodge Chrysler O.E.M. parts for City Services Department; that the agreement period was for one year with option to renew for one additional year; that North Loop Dodge has performed well and the City Services Department, Equipment Services Division, has requested the option to renew be exercised; stating that purchases will be charged to Equipment Services Fund 61, Account No. 141-000270; and recommending that the City Council exercise option to renew purchase agreement with North Loop Dodge for one additional year on bid of manufacturer's suggested list price less 38 percent, with the new agreement period to begin May 23, 1990, and end one year later. It was the consensus of the City Council that the recommendations be adopted. M&C P-4165 re There was presented Mayor and Council Communication No. P-4165 from the City purchase of agri- Manager stating that specifications for the purchase of agricultural chemicals required cultural chemicals specific pesticide be made available; that the partial low bid submitted by Merit Laboratories is recommended for withdrawal as this vendor notified the City that its supplier increased their prices without notice, making the quoted prices to the City no longer valid; that the bid submitted by Van Waters and Rogers, Rochester Midland, and Lesco, Inc., failed to meet City specifications and are recommended for rejection by the Park and Recreation Department; stating that funds are available in various accounts; and recommending that the City Council: 1. Authorize the withdrawal of the partial bid submitted by Merit Laboratories for agricultural chemicals for the Park and Recreation Department; 2. Remove -Merit Laboratories from the vendor's list for two years commencing upon date of approval; and . _3._ Authorize the purchase of agricultural chemicals for the Park and Recreation Department from multiple vendors, meeting City specifications, on a low bid per item basis with the casting of lots to determine the vendor for tie bids submitted for Item 31. Bids per items are as follows: 1. Mann Ag Service, Inc. $49,549.65 2. Chemical & Turf Specialty Company 21,639.13 3. Estes Chemicals, Inc. 983.64 4. Terra International, Inc. 7,262.75 5. Esco Distributors, Inc. 813.20 6.__ Lesco, Inc. _' 1,956.20 7. A. H. Hummert Seed Company 1,315.00 8. Van Waters and Rogers 9,164.14 Subtotal $92,683.71 Minutes of City Council 0-3 Page 405 4C6 TUESDAY, APRIL 3, 1990 City Secretary Howard announced that lots will be cast for the purchase of Item No. 31 inasmuch as identical bids were submitted by Van Water and Rogers, Estes Chemicals, and Chemical & Turf Specialty Co. Following the drawing of bids by Ben Allen, representing Van Water and Rogers, Tom Davis, representing Estes Chemicals, and Rick Hay, representing Chemical & Turf Specialty Co., Council Member Zapata made a motion, seconded by Council Member Chappell, that the recommendations, as contained in Mayor and Council Communication No. P-4165, be adopted, with Item No. 31 being awarded to Chemical & Turf Specialty Company. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C P-4166 re There was presented Mayor and Council Communication No. P-4166 from the City purchase of 15 Manager submitting a tabulation of bids received for the purchase of 15 gasoline gasoline powered powered, multi-purpose pipe saws for the Water Department; stating that funds are multi-purpose pipe available in Water and Service Operating Fund 45, Account Nos. 60-70-11, 60-70-04, saws 60-70-07, 70-70-04, 70-70-05, and 70-70-06, Index Codes 391235, 377150, 378687, 387597, 388264, and 388868, respectively; and recommending that the purchase be made from Texas Contractors Supply on its low bid of $7,193.85, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C L-10065 re There was presented Mayor and Council Communication No. L-10065, dated March 27, acquisition of 1990, from the City Manager, as follows: permanent easement SUBJECT: EAGLE MOUNTAIN LAKE WATER TREATMENT FACILITY - WILLIAM ROBINSON SURVEY ABSTRACT 1310 RECOMMENDATION: It is recommended that approval be given for the acquisition of the property described below: 1. Name and Description of Project Eagle Mountain Lake Water Treatment Facility 2. Type of Acquisition Outright Purchase/Permanent Easement and Temporary Construction Easement 3. Description of Land Parcel 3 (West) - Permanent Easement - An irregularly shaped strip of land out of Tract 1-G, William Robinson Survey, Abstract 1310 as recorded in Volume 9021, Page 1757, Deed Records, Tarrant County, Texas. This strip of land is 30.00 feet in depth and approximately 1495.90 feet in length and lies contiguous with and south of the south line of an existing TU Electric easement recorded in Volume 7135, Page 1210, required for a permanent easement. Parcel 3 (West) - Temporary Construction Easement - An irregularly shaped strip of land out of Tract 1-G, William Robinson Survey, Abstract 1310 as recorded in Volume 9021, Page 1757, Deed Records, Tarrant County, Texas. This strip of land is 30.00 feet in depth and approximately 1555.49 feet in length and lies contiguous with and south of the south line of the above described permanent easement, required for a temporary construction easement. Parcel 3 (East) - Permanent Easement - An irregularly shaped strip of land out of Tract 1-G, William Robinson Survey, Abstract 1310 as recorded in Volume 9021, Page 1757, Deed Records, Tarrant County, Texas. This strip of land is 30.00 feet in depth and approximately 2646.03 feet in length and lies contiguous with and south of the south line of an existing TU Electric easement recorded in Volume 7135, Page 1210, required for a permanent easement. Parcel 3 (East) - Temporary Construction Easement - An irregularly shaped strip of land out of Tract 1-G, William Robinson Survey, Abstract 1310 as recorded in Volume 9021, Page 1757, Deed Records, Tarrant County, Texas. This strip of land is 30.00 feet in depth and approximately 2645.83 feet in length and lies contiguous with and south of the south line of the above described permanent easement, required for a temporary construction easement. Parcel 4 - Permanent Easement - A rectangularly shaped strip of land out of Tract -C, William Robinson Survey, Abstract 1310 as recorded in Volume 3448, Page 614, Deed Records, Tarrant County, Texas. This strip of land is 30.00 feet in depth and 530.00 feet in length and lies contiguous with and south of the south line of an existing TU Electric easement recorded in Volume 7135, Page 1210, required for a permanent easement. Parcel 4 - Temporary Construction Easement - A rectangularly shaped strip of land out of Tract -C, William Robinson Survey, Abstract 1310 as recorded in Volume 3448, Page 614, Deed Records, Tarrant County, Texas. This strip of land is 30.00 feet in depth and 530.00 feet in Minutes of City Council 0-3 Page 406 40'7 TUESDAY, APRIL 3, 1990 &C L-10065 cont. length and lies contiguous with and south of the above described permanent easement, required for a temporary construction easement. Parcel 5 - Permanent Easement - A rectangularly shaped strip of land out of Tract -D, William Robinson Survey, Abstract 1310 as recorded in Volume 3448, Page 615, Deed Records, Tarrant County, Texas. This strip of land is 30.00 feet in depth and 538.98 feet in length and lies contiguous with and south of the south line of an existing TU Electric easement recorded in Volume 7135, Page 1210, required for a permanent easement. Parcel 5 - Temporary Construction Easement - A rectangularly shaped strip of land out of Tract 1-D, William Robinson Survey, Abstract 1310 as recorded in Volume 3448, Page 615, Deed Records, Tarrant County, Texas. This strip of land is 30.00 feet in depth and 538.98 feet in length and lies contiguous with and south of the south line of the above described permanent easement, required for a temporary construction easement. Square Feet: P3W Permanent - 44,881.43 P3W T.C.E. - 46,668.80 P3E Permanent - 79,374.48 P3E T.C.E. - 79,368.24 '. P4 Permanent - 15,899.31 -'15,899.31 P4 T.C.E. P5 Permanent - 16,168.65 P5 T.C.E. - 16,168.54 Parcel Nos.: 3, 4, 5 4. -Consideration Payment for Permanent Easement $86,100.00 Total Consideration $86,100.00 Payment is to be made in four separate checks as follows: Ronald G. Rosen $25,981.99 Maxine F. Rosen 17,068.01 Sam Rosen 25,981.99 Betty Rosen Weil 17,068.01 86,1 0.00 5. Location South of Robertson Road, West of Boat Club Road 6. Owners am Rosen, Maxine Rosen, Ronald G. Rosen and Betty Rosen Weil 7. Financing uu -Tf cient funds are available_ in Water Capital Improvement Fund 83, Project No. 016001-00, Eagle Mountain Lake Water Treatment Facility - Pipeline. This expenditure will be made from Index Code 698738. 8. Land Agent Jerry Chaulker M&C L-10065 On motion of Council Member Zapata, seconded by Council Member Webber, the adopted recommendations, as contained in Mayor and Council Communication No. L-10065, were adopted. M&C L-10068 re There was presented Mayor and Council Communication No. L-10068 from the City acquisition of Manager, as follows: easements SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS (4 TRANSACTIONS) RECOMMENDATION: It is recommended that approval be given for the acquisition of the land and/or easements described below: 1. Project: Santa Fe Intermodal Facility Phase II/Alliance Airport, Ltd./Parcel 1 Type of Acquisition: Dedication/Underground Water Line Utility Easement Agreement Description of Land: •A rectangularly shaped parcel of land 15 feet in width and 50 feet in length located in the northeastern portion of Tract 1, Caleb O'Briant Survey, Abstract No. 1195, Tarrant County, Texas. This parcel of land contains 750 square feet as required for an Underground Water Line Utility Easement Agreement. Minutes of City Council 0-3 Page 407 M&C L-10068 cont. Square Feet: 750 Parcel No.: 1 Consideration: $1.00 TUESDAY, APRIL 3, 1990 Zoning: Airport Facility (City of Haslet) Supplemental Information: The City Council authorize the City Manager to execute the Underground Water Line Utility Easement Agreement. Location: Southeasterly of Farm -Market Road 156 and west of Alliance Airport Owner: Alliance Airport, Ltd. Financing: Sufficient funds are available in Water Capital Improvements, Fund 839 Project No. 015065, Santa Fe Intermodal Facility, Phase II. This expenditure will be made from Index Code 698738. Land Agent: Aleeta Hackney 2. Project: Santa Fe Intermodal Facility Phase II/Alliance Airport, Ltd./Parcel 2 Y Type of Acquisition: Dedication/Underground Water Line Utility Easement Agreement Description of Land: A rectangularly shaped parcel of land approximately 15 feet in width and approximately 581 feet in length located in southeasterly portion of Tract 1, Caleb O'Briant Survey, Abstract No. 1195, Tarrant County, Texas. This parcel of land contains 8,633 square feet as required for an Underground Water Line Utility Easement Agreement. Square Feet: 8,633 Zoning: Airport Facility (City of Haslet) Parcel No.: 2 Consideration:. $1.00 Supplemental Information: The City Council authorize the City Manager to execute the Underground Water Line Utility Easement Agreement. Location: Southeasterly of Farm -Market Road 156 and west of Alliance Airport Owner: Alliance Airport, Ltd. Financing:- Sufficient funds are available in Water Capital Improvements, Fund 83, Project No..015065, Santa Fe Intermodal Facility, Phase II. This expenditure will be made from Index Code 698738. Land Agent: Aleeta Hackney 3. Project: Sanitary Sewer Replacement Project, Main -154 Type of Acquisition: Dedication - Permanent Easement Description of Land: An irregularly shaped strip of land out of Tract B of Lake Como Park in the Chamberlin -Arlington Heights Addition, First and Second Filing. This strip of land is 15.0 feet in width and extends south, from Diaz Avenue a distance of 1242.07 feet, required for a permanent easement. Square Feet: 18,631.05 Parcel No.: 1 Consideration: $1.00 Zoning: "C" Multi -Family Location: Southwest of the intersection of Diaz Avenue and Penticost Street Owner: J. C. Llewellyn Financing: Sufficient funds are available in Sewer Capital Improvements, Fund 08, Project No. 013086-00, Replacement of Main -154. This expenditure will be made from Index Code 699785. Land Agent: Jerry Chalker 4. Project Name: Santa Fe Intermodal Facility Phase II/Alliance Airport, Ltd./Parcel 3 Minutes of City Council 0-3 Page 408 I&C L-10068 cont. TUESDAY, APRIL 3, 1990 Type of Acquisition: Dedication/Pipe Line License Description of Land: Tract I - A rectangularly shaped parcel of land approximately 15 feet in depth and approximately 125 feet in length adjacent to the most south- easterly property line of Lot 1R, Block 1, Westport Addition, as recorded in Volume "A", Page 305, Deed Records, Tarrant County, Texas. This parcel of land contains approximately 1,655 square feet as required for a pipe line license. Tract II - A rectangularly shaped parcel of land approximately 15 feet in width and approximately 85 feet in length adjacent to the north- easterly property line of Lot 1R, Block 1, Westport Addition, as recorded in Volume "A", Page 305, Deed Records, Tarrant County, Texas. This parcel of land contains approximately 1,192 square feet as required for a pipe line license. Tracts III, IV, and V - Three "boxed" shape parcels of land adjacent to the southeasterly property line of Lot 1R, Block 1, Westport Addition, as recorded in Volume "A", Page 305, Deed Records, Tarrant County, Texas. These three parcels of land contains 225 square feet each as required for a pipe line license. Square Feet: Tract I 1,655 Tract II = 1,192 Tract III, IV & V 675 Zoning: Airport Facility (City of Haslet) Parcel No.: 3 Consideration: $1.00 Supplemental Information: The City Council authorize the City Manager to enter into a Pipe Line License with The Atchison, Topeka and Santa Fe Railway Company. Location: Southeasterly of Farm -Market Road 156 and West of Alliance i r- port _ Owner: The Atchison,Topeka and Santa Fq Railway Company Financing: Sufficient funds are available in Water Capital Improvements Fund 83, Project No. 015065, Santa Fe Intermodal Facility, Phase II. This expenditure will be made from Index Code 698738. U9 Minutes of City Council 0-3 Page 409 Land Agent: Aleeta Hackney I&C L-10068 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. L-10068, be adopted. I&C L-10069 re !xecution of quit- There was presented Mayor and Council Communication No. L-10069 from the City :laim deed Manager stating that City Council vacated the 4800-4900 blocks of Kemble Street on February 10, 1981, by Ordinance No. 8268; that one of the abutting property owners, Louise Livingstone, has requested a quitclaim deed to the north 25 feet of the vacated right-of-way which abuts her property; that this will assist in clearing the title for her property; and recommending that the City Manager be authorized to execute a quitclaim deed from the City to Louise Livingstone for the north 25 feet of a vacated portion of Kemble Street. It was the consensus of the City Council that the recommendation be adopted. I&C L-10070 re !xecution of tem- There was presented Mayor and Council Communication No. L-10070 from the City )orary construction Manager stating that Koch Refining Company has requested a temporary construction !aseme n t easement of .36 acres through a portion of Gateway Park; that Koch has agreed to repair the ground to its original condition and the Park and Recreation Department has agreed to the easement and will inspect the site; and recommending that the City Manager be authorized to execute a temporary construction easement to Koch Refining Company for a .36 acre parcel of land out of the Gateway Park Addition for the purpose of installing a pipeline which will be released when the work is completed for a consideration of $2,250.00 for the easement with funds for the easement to be deposited in Fund 36, Park and Recreation Improvement Fund, Account No. 041012-00, Index Code 675348. Council Member Chappell advised the City Council that he has a conflict of interest and will not be voting on Mayor and Council Communication No. L-10070 involving Koch Refining Company. Council Member Garrison made a motion, seconded by Council Member Webber, that the recommendations, as contained in Mayor and Council Communication No. L-10070, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Council Members Zapata, Garrison, Granger, McCray, and Webber Minutes of City Council 0-3 Page 409 410 TUESDAY, APRIL 3, 1990 NOES: None ABSENT: Mayor Pro tempore Gilley NOT VOTING: Council Member Chappell &C L-10071 re There was presented Mayor and Council Communication No. L-10071 from the City cquisition of Manager recommending that the City pay a total consideration of $100.00 for a ight-of-way triangularly -shaped strip of land from the west property line of Lot 9, Block 2, Eastwood Addition, 4th Filing, as described in Volume 5521, Page 479, Deed Records, Tarrant County, Texas; same being 6.34 feet in depth and 32.09 feet in length along the hypotenuse; located at 3629 Village Creek Road; owned by Larry Gene Jackson, et ux Emma; and required for improvement of Village Creek Road. It was the consensus of the City Council that the land be acquired as recommended and that the expenditure be charged to Street Improvements Fund 67, Project No. 040115-00, Index Code 699884. &C L-10072 re ortion of Inter- There was presented Mayor and Council Communication No. L-10072 from the City tate Highway 30 Manager stating that Haws & Tingle General Contractors, Inc., has petitioned the State to declare a portion of Interstate Highway 30 surplus to the needs of the general public; that the land in question was originally purchased by the State in connection with the construction of Interstate Highway 30; that, in order for the State to declare the property surplus and advertise same for sale to the general public, it is necessary that a resolution from the City of Fort Worth be adopted stating that "the land is no longer needed for use of citizens as a road"; that Haws & Tingle General Contractors, Inc., has submitted an application fee of $350.00 to cover all administrative services rendered by the City in the processing of this request; and recommending that the City Council adopt a resolution declaring a portion of Interstate Highway 30, owned by the State of Texas, as no longer needed for the use of citizens as a road. It was the consensus of the City Council.that the recommendation be adopted. ntroduced a esolution Council Member Garrison introduced a resolution and made a motion that it be adopted. The motion was seconded by Council Member Granger. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell esolution No. 522 NOES• None ABSENT: Mayor Pro tempore Gilley The resolution, as adopted, is as follows: RESOLUTION N0. 1522 STATE OF TEXAS . § CITY OF FORT WORTH § WHEREAS, the City Council of the City of Fort Worth, Texas, met during a regular meeting held on April 3, 1990, and resolved that a portion of right-of-way along Interstate Highway 30 as shown in Exhibit "A" attached hereto, is no longer needed for the use of citizens for highway purposes, and the City recommends that the State's interest in the land be quitclaimed to the property owners. EXHIBIT A' Being 73 square feet of land, more or less, out of Lot 1, Ivan Campbell's Subdivision, Tarrant County, Texas, as recorded in Volume 388-43, Page 31, of the Plat Records of Tarrant County, Texas, which 73 square feet of land, more or less, are more particularly described as follows: BEGINNING at a point in the Northerly right-of-way line of Interstate Highway 30, said point being 199.39 feet Northerly of and radially opposite to Interstate Highway 30 centerline survey station 200+89.74; (1) THENCE North 17° 54' West a distance of 10.32 feet to a point in the Southerly right-of-way line of West Daggett Avenue, said point being South 87° 51' East a distance of 248.24 feet from the Northwest corner of Lot B, Ivan Campbell's Subdivision, as recorded in Volume 388-43, Page 31, of the Plat Records of Tarrant County, Texas; (2) THENCE South 87° 51' East along the Southerly right-of-way line of West Daggett Avenue a distance of 15.06 feet to a point in the present Northerly right-of-way line of Interstate Highway 30; (3) THENCE South 52° 04' West along the present Northerly right-of-way line of Interstate Highway 30 a distance of 15.06 feet to the point of beginning. &C PZ -1575 re There was presented Mayor and Council Communication No. PZ -1575 from the City acating a portion Manager recommending that an ordinance be adopted vacating a portion of West Daggett f Nest Daggett venue Minutes of City Council 0-3 Page 410 411 TUESDAY, APRIL 3, 1990 Avenue between Blocks 18 and 19, Jennings South Addition, as recorded in M&C PZ -1575 cont. Volume 388-178, Page 11, P.R.T.C.T.; a ten -foot wide "Future Street Widening Reservation" located adjacent to the north line of the said West Daggett Street right-of-way and within said Block 18; and two public open space easements located in the southeast and southwest corners of the same said Block 18. It was the consensus of the City Council that the recommendation be adopted. Introduced an Council Member Garrison introduced an ordinance and made a motion that it be Ord ftancen adopted. The motion was seconded by Council Member Granger. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: Mayor Pro tempore Gilley The ordinance, as adopted, is as follows: Ordinance No. 10559 ORDINANCE N0. 10559 AN ORDINANCE VACATING, ABANDONING, AND CLOSING A PORTION OF WEST DAGGETT AVENUE LOCATED BETWEEN HEMPHILL STREET AND JENNINGS AVENUE, A STRIP OF LAND RESERVED FOR RIGHT-OF-WAY ADJACENT THERETO, AND TWO PUBLIC OPEN SPACE EASEMENTS LOCATED IN BLOCK 18, JENNINGS SOUTH ADDITION; PROVIDING FOR REVERSION OF FEE IN SAID LANDS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. M&C PZ -1576 re There was presented Mayor and Council Communication No. PZ -1576 from the City vacating tract of Manager recommending that an ordinance be adopted vacating a tract of land reserved for land reserved for future street located off of Burger Street between Turner Street and Cox Street, and future street within Block 11, between Lot 5E and Lot 6, Sunrise Addition. It was the consensus of the City Council that the recommendation be adopted. Introduced an ordinance Council Member Garrison introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Granger. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: Mayor Pro tempore Gilley The ordinance, as adopted, is as follows: Ordinance No. 10560 M&C C-12244 re contract with Harrod Paving Com- pany M&C C-12244 adopte M&C C-12254 contract with Fort Worth Economic De- velopment Corpora- tion ORDINANCE NO. 10560 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING A PORTION OF LAND RESERVED FOR A STREET RIGHT-OF-WAY LOCATED WITHIN THE SUNRISE ADDITION TO THE CITY OF FORT WORTH AND BEING MORE SPECIFICALLY DESCRIBED HEREIN; PROVIDING FOR REVERSION OF FEE IN' SAID LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. There was presented Mayor and Council Communication No. C-12244, dated March 20, 1990, from the City Manager submitting a tabulation of bids received for Concrete Valley Gutters (90-1); and recommending that the City Council: 1. Authorize the City Manager to approve the following fund transfer: FROM 93-057801-00 . 1990 Program Unspecified TO 93-053120-00 Concrete Valley Gutters (90-1) AMOUNT REASON $134,578.50 To provide funds for construction plus change orders. 2. Authorize the City Manager to execute a contract with Harrod Paving Company, for Concrete Valley Gutters (90-1), in the amount of $128,170.00, and 45 working days. On motion of Council Member Garrison, seconded by Council Member Granger, the recommendations were adopted. There was presented Mayor and Council Communication No. C-12254 from the City Manager, as follows: SUBJECT: CONTRACT WITH FORT WORTH ECONOMIC DEVELOPMENT CORP. COMMERCIAL DEVELOPMENT REVOLVING LOAN FUND (RLF) PROGRAM .1 Minutes of City Council 0-3 Page 411 412 TUESDAY, APRIL 3, 1990 M&C C-12254 cont. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Execute a contract with the Fort Worth Economic Development Corporation (FWEDC) for the operation of the Commercial Development Revolving Loan Program for the period of June 1, 1990 to May 31, 1991; 2. Authorize the .use of up to $113,082 in interest earned and $2,500 in fees earned for services provided to clients for administration of the Commercial Development Revolving Loan Program; and 3. Authorize the use of up to $350,000 and any additional loan repayment funds received for seven (7) new Commercial Revolving Loans. DBUSSTON- The Fort Worth Economic Development Corporation administers a Commercial Development Revolving Loan Program which provides low-interest business loans to businesses operating within the Mid -South, Near Southeast, Near North, and Riverside Coordinated Neighborhood Revitalization (CNR) areas. This program has operated since 1981, with an Economic Development Administration grant of $1,000,000 and $490,000 in CDBG matching funds. Administrative functions of the Revolving Loan Program include continued marketing of the RLF program to the CNR businesses and bankers, screening, packaging, processing, and presenting loan packages to the Loan Review Committee, and servicing of loans. Funding for the administration of the Revolving Loan Program comes from interest paid on the revolving loans and fees collected for services provided to clients. The total interest earned in Year XV through January, 1990 was $74,724, which represents a monthly average of $9,341. $113,082 in interest earned is allocated for Year XV administrative expenses of the Revolving Loan Program. There is approximately $301,321 currently available for Revolving Loans, of which $299,000 has been committed to loans approved by FWEDC's loan committee. FWEDC's goal for Year XV was the closing of seven loans. To date, eight loan packages have been presented to the Loan Review Committee, of which four have been approved. One client withdrew his request after his loan was approved; six loans are expected to close. The Loan Review Committee has been cautious in approving high risk loans because, of the thirty-three loans made since the program began, four have defaulted, three are currently in default, and two others are having difficulty meeting their payment schedules. According to FWEDC, because of the cautious lending practices of the banking community, the current economic climate, and the fact that FWEDC is a lender of last resort, about 50% of its loan packages require intensive servicing on the part of the staff. This serving includes working with a business and its attorney, monitoring the business' financial records, and ensuring that insurance is current. FWEDC is also handling the Polytechnic Revolving Loan Program with no additional administrative funding. During its March 12, 1990 meeting, the Community Development Council approved the use of these funds. FINANCING: The $115,582 for program administration will consist of a maximum of $113,082 from total interest projected to be earned from loan repayments from June 1, 1990 to May 31, 1991, and is contingent on the collection of actual interest payments, and deposited into Grant Fund 76, Project No. 206088-89. The $2,500 in additional administrative funds are fees projected to be earned from services to clients. Funding for the revolving loans in the amount of $350,000 consists of $7,217 remaining in Grant Fund 76, Project No. 206079-88, $308,472 remaining in Grant Fund 76, Project No. 206060-00 FWEDC cash balance included in subsidiary No. 126300001 as of 1/31/90, from repayments of loans already made and a maximum of $34,311 contingent on interest projected to be earned from loan repayments over and above that to be used for administration, and deposited into Grant Fund 76, Project No. 206060-00., Council Member Chappell advised the City Council of a conflict of interest involving a contract with Fort Worth Economic Development Corporation Commercial Development Revolving Loan Fund Program and requested City Council permission to abstain from voting on Mayor and Council Communication No. C-12254. Council Member Granger advised the City Council of a conflict of interest involving Fort Worth Economic Development Corporation and advised City Council that she will be abstaining from the vote on Mayor and Council Communication No. C-12254. Council Member McCray made a motion, seconded by Council Member Zapata, that Council Member Chappell be permitted to abstain from voting on Mayor and Council Communication No. C-12254. When the motion was put to a vote by the Mayor, it prevailed unanimously. Minutes of City Council 0-3 Page 412 113 TUESDAY, APRIL 3, 1990 Council Member McCray made a motion, seconded by Council Member Zapata, that the recommendations, as contained in Mayor and Council Communication No. C-12254, be approved. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES:- Mayor Bolen; Council Members Zapata, Garrison, McCray, and Webber 67-035901-00 67-025371-00 $11,873.30 To provide additional Miscellaneous-Hartwood funds for construc- Streets and Drive tion. Drainage Unspecified 2. Approve Change Order No. 1 in the amount of $11,873.30 and three (3) working days and authorize the City Manager to increase City Secretary Contract No.- 17015 with Walt Williams Construction Company to $355,230.60 and 68 working days to reconstruct Hartwood Drive (Overton Park Drive to Mockingbird Lane). BACKGROUND: On September 22, 1989 (M&C C-11523), the City Council awarded a contract in the amount of $343,357.30 to Walt Williams Construction Company to reconstruct Hartwood Drive (Overton Park Drive to Mockingbird Lane). This contract was assigned City Secretary Contract No. 17015. PROPOSED CHANGE ORDER NO. 1: To properly complete Hartwood Drive it has been determined that Hartwood Court, adjacent to Hartwood Drive, requires reconstruction to provide adequate drainage at the Court. This will require removing existing street improvements and installing new pavement, attached curb, driveways and placing top soil in the parkway. The contractor has agreed to do this work, which will require 685 square yards of 6" reinforced concrete pavement, in addition to curb, base stabilization, etc., for a total of $11,873.30 and three additional workdays. Staff has reviewed this proposal and concurs that this work is necessary and the cost is reasonable and fair since all unit prices are the same as bid in the contract. PROJECT COST AND FINANCING: Original Bid Price: $343,357.30 Proposed Change Order No. 1: 11,873.30 Proposed Contract Price: $355,230.60 Minutes of City Council 0-3 Page 413 NOES: ` None` ABSENT: Mayor Pro tempore Gilley NOT VOTING: Council Members Granger and Chappell &C C-12255 re There was presented Mayor and Council Communication No. C-12255 from the City on trac t with Manager stating that the City Council approved an agreement with Page Avjet Corporation & Burgess, on February 27, 1990, by Mayor and Council Communication No. C-12194 for the lease of ncter property at Meacham Field and for Page Avjet's, construction of an aircraft maintenance hanger; that, in conjunction with the hanger's construction, the City agreed to construct and maintain taxiways, aprons, roads, parking lots, a storage tank and pumps for fire protection, and water and sewer service to the hanger; that the firm of Carter & Burgess, Inc., which provided the City with considerable data and technical information during the conceptual phase of this project, is recommended for the design of the site improvements to be provided by the City; that Carter & Burgess proposes to perform these design services for a lump sum fee of $151,000.00; that funds are available in Fund 24, Project No. 043807-00, Index Code 643098; and recommending that the City Manager be authorized to execute a contract with Carter & Burgess, Inc., to design the site improvements to support the Page Avjet maintenance facility at Meacham Field for a lump sum fee of $151,000.00. It was the consensus of the City Council that the recommendations be adopted. &C C-12256 re ontract with There was presented Mayor and Council' Communication No. C-12256 from the City alt Williams Manager, as follows: o tion SUBJECT: CHANGE ORDER NO. 1 HARTWOOD DRIVE (OVERTON PARK TO MOCKINGBIRD ompang pany LANE) (WALT WILLIAMS CONSTRUCTION COMPANY) RECOMMENDATION: It is recommended that the City Council:a 1. Approve the following bond fund transfer: FROM TO AMOUNT REASON 67-035901-00 67-025371-00 $11,873.30 To provide additional Miscellaneous-Hartwood funds for construc- Streets and Drive tion. Drainage Unspecified 2. Approve Change Order No. 1 in the amount of $11,873.30 and three (3) working days and authorize the City Manager to increase City Secretary Contract No.- 17015 with Walt Williams Construction Company to $355,230.60 and 68 working days to reconstruct Hartwood Drive (Overton Park Drive to Mockingbird Lane). BACKGROUND: On September 22, 1989 (M&C C-11523), the City Council awarded a contract in the amount of $343,357.30 to Walt Williams Construction Company to reconstruct Hartwood Drive (Overton Park Drive to Mockingbird Lane). This contract was assigned City Secretary Contract No. 17015. PROPOSED CHANGE ORDER NO. 1: To properly complete Hartwood Drive it has been determined that Hartwood Court, adjacent to Hartwood Drive, requires reconstruction to provide adequate drainage at the Court. This will require removing existing street improvements and installing new pavement, attached curb, driveways and placing top soil in the parkway. The contractor has agreed to do this work, which will require 685 square yards of 6" reinforced concrete pavement, in addition to curb, base stabilization, etc., for a total of $11,873.30 and three additional workdays. Staff has reviewed this proposal and concurs that this work is necessary and the cost is reasonable and fair since all unit prices are the same as bid in the contract. PROJECT COST AND FINANCING: Original Bid Price: $343,357.30 Proposed Change Order No. 1: 11,873.30 Proposed Contract Price: $355,230.60 Minutes of City Council 0-3 Page 413 41� TUESDAY, APRIL 3, 1990 M&C C-12256 cont. FINANCING: Sufficient funds are available for transfer from Street Improvements Fund 67, Project No. 035901-00, Miscellaneous Streets and Drainage Unspecified. Upon approval and completion of Recommendation No. 1, sufficient funds will be available in Street Improvements Fund 67, Project No. 025371-00, Hartwood Drive. Expenditures will be made from Index Code 630335. M&C C-12256 adoptell It was the consensus of the City Council that the recommendations, as contained in BACKGROUND: On November 7, 1989 (M&C C-11793), the City Council awarded a contract in the amount of $696,733.45 to Centerline Constructors, Inc., to reconstruct Seminary Drive (Evans to Berke). This contract was assigned City Secretary Contract No. 17503. PROPOSED CHANGE ORDER NO. 1: All concrete pavement projects are now required to have all sawed joints filled with a silicone sealant. This project was the last project placed out for bid that did not contain this requirement. As this is a major thoroughfare being reconstructed with concrete pavement, it is desirous that all joints receive a silicone sealant. The contractor has agreed to do this additional work at a cost of $1.66 per L.F. (linear foot), a cost of $30,162.20 for 18,170 L.F., and five (5) additional working days. Further, this project requires construction within the Southern Pacific Railroad right-of-way. The railroad requires protective insurance to be provided by the contractor, at a cost of $750.00. Since this requirement was not known at the time of bidding, this cost is felt to be properly that of the City. Engineering staff has reviewed these proposed changes and find the costs to be reasonable and prudent. PROJECT COST AND FINANCING: Original Contract Cost: $696,733.45 Proposed Change Order No. 1: 30,912.20 Proposed Contract Cost: $727,645.65 FINANCING•,. Sufficient funds are available for transfer from Street Improvements Fund 67, Project No. 040901-00, Inner City Streets, Unspecified. Upon approval and completion of Recommendation No. 1, sufficient funds will be available in Street Improvements Fund 67, Project No. 040120-00, Seminary Drive, Evans to j Berke. Expenditures will be made from Index Code 630335. M&C C-12257 adopte It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12257, be adopted. M&C C-12258 re contract with Orva There was presented Mayor and Council Communication No. C-12258 from the City Hall Excavating Manager submitting a tabulation of bids received for Concrete Lined Channel Replacement Company in Western Hills Addition; and recommending that the City Council: Minutes of City Council 0-3 Page 414 Mayor and Council Communication No. C-12256, be adopted. M&C C-12257 re There was presented Mayor and Council Communication No. C-12257 from the City contract with Manager, as follows: Centerline Con- structors, Inc. SUBJECT: PROPOSED CHANGE ORDER NO. 1 SEMINARY DRIVE .(EVANS TO BERKE) STREET IMPROVEMENTS (CENTERLINE CONSTRUCTORS, INC.) RECOMMENDATION: It is recommended that the City Council: 1. Approve the following bond fund transfer: FROM i TO AMOUNT REASON 67-040901-00 - 67-040120-00 $30,912.20 To provide additional Inner City Seminary Drive funds for construc- Streets (Evans to Berke). tion. .Unspecified Street Improvement 2. Approve Change Order No. 1 in the amount of $30,912.20 and five (5) additional' working days, and authorize the City Manager to increase City Secretary Contract No. 17503 with Centerline Constructors, Inc. to $727,645.65 and ninety-one (91) working days for reconstruction of Seminary Drive (Evans to Berke). BACKGROUND: On November 7, 1989 (M&C C-11793), the City Council awarded a contract in the amount of $696,733.45 to Centerline Constructors, Inc., to reconstruct Seminary Drive (Evans to Berke). This contract was assigned City Secretary Contract No. 17503. PROPOSED CHANGE ORDER NO. 1: All concrete pavement projects are now required to have all sawed joints filled with a silicone sealant. This project was the last project placed out for bid that did not contain this requirement. As this is a major thoroughfare being reconstructed with concrete pavement, it is desirous that all joints receive a silicone sealant. The contractor has agreed to do this additional work at a cost of $1.66 per L.F. (linear foot), a cost of $30,162.20 for 18,170 L.F., and five (5) additional working days. Further, this project requires construction within the Southern Pacific Railroad right-of-way. The railroad requires protective insurance to be provided by the contractor, at a cost of $750.00. Since this requirement was not known at the time of bidding, this cost is felt to be properly that of the City. Engineering staff has reviewed these proposed changes and find the costs to be reasonable and prudent. PROJECT COST AND FINANCING: Original Contract Cost: $696,733.45 Proposed Change Order No. 1: 30,912.20 Proposed Contract Cost: $727,645.65 FINANCING•,. Sufficient funds are available for transfer from Street Improvements Fund 67, Project No. 040901-00, Inner City Streets, Unspecified. Upon approval and completion of Recommendation No. 1, sufficient funds will be available in Street Improvements Fund 67, Project No. 040120-00, Seminary Drive, Evans to j Berke. Expenditures will be made from Index Code 630335. M&C C-12257 adopte It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12257, be adopted. M&C C-12258 re contract with Orva There was presented Mayor and Council Communication No. C-12258 from the City Hall Excavating Manager submitting a tabulation of bids received for Concrete Lined Channel Replacement Company in Western Hills Addition; and recommending that the City Council: Minutes of City Council 0-3 Page 414 415 TUESDAY, APRIL 3, 1990 &C C-12258 cont. 1. Accept in General Fund 01 $28,660.00 received from the Federal Emergency Management Agency (FEMA) for storm damages to a drain channel on the Western Hills Addition; and 2. Adopt the attached supplemental appropriations ordinance increasing appropriations by $28,660.00 in the General Fund 01, Transportation and Public Works ,Administrat ion Account No. 20-10-00 from increased revenues; and 3. Authorize the City Manager to approve the following fund transfers: FROM TO AMOUNT REASON General Fund 01 67-028873-00 $ 28,660.00 To provide funds Account Western Hills Addition for construction. No. 20-10-00 Channel Replacement 67-035901-00 67-028873-00 $204,780.00 To provide funds Misc. Streets Western Hills Addition for construction. and Drainage Channel Replacement Unspecified = 4. Authorize the City Manager to execute a contract with Orval Hall Excavating Company for Concrete Lined Channel Replacement in Western Hills Addition, in the amount of $233,440.00, and 46 working days. &C C-12258 adopted It was the consensus of the City Council that the recommendations be adopted. Introduced an Ordinance Council Member Garrison introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Granger. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: Mayor Pro tempore Gilley The ordinance, as adopted, is as follows: rdinance No. 0561 ORDINANCE NO. 10561 AN ORDINANCE INCREASING APPROPRIATIONS IN THE GENERAL FUND O1, TRANSPORTATION AND PUBLIC WORKS ADMINISTRATION ACCOUNT NO. 20-10-00 BY THE SUM OF $28,660, FROM INCREASED REVENUES RECEIVED FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), FOR THE PURPOSE OF TRANSFERRING SAID AMOUNT TO THE CAPITAL PROJECTS FUND 67 TO PROVIDE FUNDS FOR CONSTRUCTION OF THE WESTERN HILLS ADDITION CHANNEL REPLACEMENT; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C C-12259 re There was presented Mayor and Council Communication No. C-12259 from the City contract with Manager submitting a tabulation of bids received for Concrete Lined Channel Replacement Dickie Carr Paving, on north side of Long Avenue and F.W. & D.R.R. Overpass; and recommending that the City Inc. Council 1. Accept in General Fund 01 $8,025.00 received from the Federal Emergency Management Agency (FEMA) for storm damages to a drain channel on the north side of Long Avenue and the Fort Worth and Denver Railroad overpass; and 2. Adopt the attached supplemental appropriations ordinance increasing appropriations by $8,025.00 in the General Fund 01, Transportation and Public Works Administration Account No. 20-10-00 from increased revenues; and 3. Authorize the City Manager to approve the following fund transfers: FROM TO AMOUNT REASON General Fund 01 67-028872-00 $ 8,025,00 To provide funds Account Lebow/Long Avenue for construction. No. 20-10-00 Channel Replacement Minutes of City Council 0-3 Page 415 41LG TUESDAY, APRIL 3, 1990 &C C-12259 cont. 67-035901-00 67-028872-00 $103,963.00 To provide funds Misc. Streets Lebow/Long Avenue for construction. Unspecified Channel Replacement 4. Authorize the City Manager to execute a contract with Dickie Carr Paving, Inc., for Concrete Lined Channel Replacement on North Side of Long Avenue and F.W. & D.R.R. Overpass, in the amount of $111,988.00, and 30 working days. &C C-12259 adopted It was the consensus of the City Council that the recommendations be adopted. ntroduced an Council Member Garrison introduced an ordinance and made a motion that it be rdinan ce adopted. The motion was seconded by Council Member Granger. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: Mayor Pro tempore Gilley The ordinance, as adopted, is as follows: rdinance No. 0562 ORDINANCE NO. 10562 ' AN ORDINANCE INCREASING APPROPRIATIONS IN THE GENERAL FUND O1, TRANSPORTATION AND PUBLIC WORKS ADMINISTRATION ACCOUNT NO. 20-10-00 BY THE SUM OF $8,025, FROM INCREASED REVENUES RECEIVED FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), FOR THE PURPOSE OF TRANSFERRING SAID AMOUNT TO THE CAPITAL PROJECTS FUND 67 TO PROVIDE FUNDS FOR CONSTRUCTION OF THE LEBOW/LONG AVENUE CHANNEL REPLACEMENT; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. I. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. &C C-12260 re C-12260 from the Cit ontract with LEM There was presented Mayor and Council Communication No. y onstruction, Inc. Manager submitting a tabulation of bids received for the construction of the Eagle Mountain Water Treatment Plant; stating that the project will be funded through the issuance of Commercial Paper, Fund 77, and Expenditures will be made from Index Code 677872; and recommending that the City Manager be authorized to execute a contract with LEM Construction, Inc., for the Eagle Mountain Water Treatment Plant on its low bid of $24,535,198.00. Council Member Chappell made a motion, seconded by Council Member Zapata, that consideration of Mayor and Council Communication No. C-12260 be continued for one week. When the motion was put to a vote by the Mayor, it prevailed unanimously. &C C-12261 re There was presented Mayor and Council Communication No. C-12261 from the City greement with Poe Manager stating that the Golf Division of the Park and Recreation Department requested ngineers, Inc. qualification statements from golf design consultants for Golf Master Planning and Golf Course Improvement Designs in August 1988;, that the department reviewed the qualification statements and conducted consultant interviews; that Poe Engineers, Inc., and Pittman -Poe and Associates, Inc., were selected to provide these services to the Golf Division; that the contract is the first contract in the process of making improvements at Meadowbrook and Pecan Valley Golf Courses; that future contracts will provide for additional services on these courses and the Sycamore Creek Golf Course; stating that funds are available in Golf Course Fund 39, Account No. 80-40-05, Index Code 317362; and recommending that the City Manager be authorized to execute an agreement with Poe Engineers, Inc., for mapping and platting of Meadowbrook and Pecan Valley Golf Courses for a total fee not to exceed $88,700.00. It was the consensus of the City Council that the recommendation be adopted. &C C-12262 re iscel12262 r Nater There was presented Mayor and Council Communication No. C-12262 from the City ai n Extensions and Manager, as follows: ontract with rchitectural SUBJECT: PROPOSED CHANGE ORDER NO. 2 TO MISCELLANEOUS WATER MAIN EXTENSIONS tilities, Inc. VARIOUS LOCATIONS (ARCHITECTURAL UTILITIES, INC.) RECOMMENDATION: It is recommended that the City Council: Minutes of City Council 0-3 Page 416 417 TUESDAY, APRIL 3, 1990 M&C C-12262 cont. 1. Authorize a bond fund transfer in the amount of $3,614 from Water Capital Improvement Fund 57, Project No. 015901-00, Unspecified to Water Capital Improvement Fund 57, Project No. 015159-00, Miscellaneous Water Main Extensions; and 2, Authorize Change Order No. 2 in the amount of $3,613.25 to Contract No. 17533 for the Miscellaneous Water Main Extensions Various Locations, revising the total contract cost to $446,229.25. PROJECT NO.: 57-015159-00 M&C C-12262 adopte M&C C-12263 re contract Community Development Block Grant Sixteenth Year contract activities BACKGROUND: On December 5, 1989 (M&C C-12020), the City Council authorized the award of a contract to Architectural Utilities, Inc., for construction of Miscellaneous Water Main Extensions Various Locations.- PROPOSED ocations.PROPOSED CHANGE ORDER: At the request of the State Department of Highways and Public Transportation, bermuda grass sod will be required over the water main trench along the east R.O.W. of Boat Club Road. This item was not included in the original proposal. The contractor, Architectural Utilities, Inc., will perform this additional work for $3,613.25. The proposed change is as follows: 745 LF Install bermuda grass sod @ $4.85/LF $3,613.25 The net effect of the proposed change order is as follows: Original Contract Cost $441,485.00 Change Order No. 1 $ 1,131.00 Proposed Change Order No. 2 $ 3,613.25 Revised Contract Cost $446,229.25 The staff engineers of the Water Department have reviewed the proposed charge and found it reasonable for similar work. FINANCING: Sufficient funds are available to transfer from Water Capital Improvement Fund 57, Project No. 015901-00, Unspecified. Upon approval and completion of Recommendation No. 1 in the amount of $3,614.00, sufficient funds will be available in Water Capital Improvement Fund 57, Project No. 015159-00, Miscellaneous Water Main Extensions. Expenditures will be made from Index Code 657049. It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12262, be adopted. There was presented Mayor and Council Communication No. C-12263 from the City Manager, as follows: SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SIXTEENTH YEAR CONTRACT ACTIVITIES RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Execute contracts with the following organizations to administer their respective programs, contingent upon approval and receipt of adequate funding from the U. S. Department of Housing and Urban Development: A. Senior Citizen Services of Greater Tarrant County, Inc., to operate the Riverside Senior Citizens' Program, in an amount not to exceed $23,275, from June 1, 1990 to May 31, 1991; B. Day Care Association of Fort Worth and Tarrant County, to operate the Pre -School Child Care Program, in an amount not to exceed $140,000, from June 1, 1990 to May 31, 1991; C. YMCA of Metropolitan Fort Worth, to operate the School -Age Child Care Program, in an amount not to exceed $133,750, from June 1, 1990 to May 31, 1991; D. Fort Worth Independent School District, to operate the Polytechnic High School Child Care Program, in an amount not to exceed $10,000, from August 1, 1990 to May 31, 1991; Minutes of City Council 0-3 Page 417 46 ka TUESDAY, APRIL 3, 1990 M&C C-12263 cont. E. Fort Worth Economic Development Corporation, to operate the Business Assistance Program, in an amount not to exceed $70,852 in CDBG funds and additional program fees in an amount of up to $2,000, from June 1, 1990 to May 31, 1991; F. Fort Worth Hispanic Chamber of Commerce, to operate the Fort Worth Small Business Development Program, in an amount not to exceed $70,852 in CDBG funds and additional program fees in an amount of up to $4,206, from June 1, 1990 to May 31, 1991; G. Womens' Center of Tarrant County, to operate the Whispering Oaks Transitional Housing Demonstration Project, in an amount not to exceed $75,000, from June 1, 1990 to May 31, 1991; H. Liberation Communities, Inc., to operate the Liberation Communities Housing Program, in an amount not to exceed $40,000 ($8,000 for administration and $32,000 in revolving loan funds for rehabilitation), from :June 1, 1990 to May 31, 1991; and I. Fort Worth Independent School District, to operate the Diamond Hill Child Care Assistance Program, in an amount not to exceed $10,000, from August 1, 1990 to May 31, 1991., . 2. Execute a contract with the First Gibraltar Bank, f.s.b., to allow the .deposit of an additional allocation of up to $1,600,000 into Grants Fund 76, Project No. 206088-17, for the Home Improvement Loan program; 3. Transfer up to $50,000 in revenues from program income earned during CDBG Year XV, and up to $200,000 in revenues earned during Year XVI from the Grants Fund 76, Hyatt Regency Parking Garage Rental Income Project No. 206948-00, HUD Discretionary Grant Project No. 206065-00, and HUD Revolving Loan Fund 91, Project No. 206066-00, to the Grants Fund 76; Home Improvement Loan Project No. 206088-17, as earned; and 4. Establish the above accounts for the financing of the projects. DISCUSSION: On March 20, 1990, the City Council approved the Sixteenth Year Community Development Block Grant Proposed Final Statement of Objectives, Projected Use of Funds and Displacement Plan. The projects described below are included in the Sixteenth Year budget and require contracting approval. In an effort to begin all projects in a timely manner, it is necessary to establish accounts and prepare contracts for each program. Most of the projects are extensions of existing programs, and all have been approved by the Community Development Council for inclusion in the Year XVI CDBG budget. PROJECT DESCRIPTION: 1., Senior Citizen Services - Riverside Senior Citizen Center This program will include outreach, information and referral, and social and recreational activities for at least 200 elderly citizens in the Riverside Senior Citizen Center. Funding will be available in the amount of $23,275, in Grants Fund 76, Project No. 206088-70; 2. The Day Care Association - Pre -School Child Care This program will provide full-day child care for 289 children (aged up to 5 years) whose parents are employed or seeking employment and reside in the Near North and Near Southeast target areas. Funding will be available in the amount of $140,000, in Grants Fund 76, Project No. 206088-71; = 3. YMCA of Metropolitan Fort Worth - School Age Child Care This program will provide half-day child care during the school year and full-day care during school vacations for 420 children (ages 5 to 9) whose parents are employed or seeking employment and reside within the Como, Diamond Hill, Far -North, Mid -South, Near -North, Near -Southeast, Polytechnic Heights, Riverside, Stop Six and Worth Heights target areas. Funding will be available in the amount of $133,750, in Grants Fund 76, Project No. 206088-75; 4. Fort Worth Independent School District - Polytechnic High School Child Care This program will provide special child care for a daily average of 22 infants and toddlers of an estimated 30 teenage parents enrolled in Polytechnic High School. Parents will receive training in child development and specialized supportive services as well as providing developmental delay evaluations. Funding will be available in the amount of $10,000, Grants Fund 76, Project No. 206088-81. This program Minutes of City Council 0-3 Page 418 419 TUESDAY, APRIL 3, 1990 M&C C-12263 cont. will be funded for 10 months, beginning August 1, 1990 through May 31, 1991; 5. Fort Worth Economic Development Corporation - Business Assistance This program will provide management advice and technical assistance to 96 disadvantaged businesses city-wide and small, businesses located in the target areas. Funding will be available in the amount of $70,852 in CDBG funds and up to an additional $2,000 in program fees, contingent on collection, in Grants Fund 76, Project No. 206088-86; 6. Fort Worth Hispanic Chamber of Commerce - Fort Worth Small Business Development Program This program will provide services to expand sales opportunities for approximately 90 disadvantaged businesses located within the city limits of Fort Worth. Funding will be available in the amount of $70,852 in CDBG funds and up to an additional $4,206 in program fees, contingent on collection, in Grants Fund 76, Project No. 206088-85; 7. Womens' Center of Tarrant County - Whispering Oaks Transitional Housing Demonstration Project This project will provide case management for 70 families and a neighborhood support system to assist low income families in increasing their earning capacity, moving out of public housing and becoming self-sufficient. Funding will be available in the amount of $75,000, in Grants Fund 76, Project No. 206088-20;. 8. Liberation Communities Housing This program will screen and qualify prospective clients and assist with the purchase and rehabilitation of selected houses in Polytechnic Heights. Funding will be available in the amount of $40,000 ($8,000 for administration -and $32,000 in revolving loan funds for rehabilitation), in Grants Fund 76, Project No. 206088-24; 9. Fort Worth Independent School District - Diamond Hill Child Care Assistance Program This program will subsidize pre-school child care for at least 14 teen parents to enable them to finish school. Funding will be available in the amount of $10,000, in Grants Fund 76, Project No. 206088-80; and 10. Department of Housinq and Human Services - Home Improvement Loan HIL This in-house program, administered by the Housing and Human Services staff, is designed to provide 255 low and moderate income families with financial assistance for home repair. The NIL operates in conjunction with First Gibraltar Bank, f.s.b., which is the loan servicing agency. A total of $2,239,194 is available for this program. Of this amount, $549,194 (Grants Fund 76, Project No. 206088-18) is for staff support; $310,000 is for emergency repair and $1,380,000 is for rehabilitation loans (Grants Fund 76, Project No. 206088-17). The amounts to be encumbered immediately and deposited with First Gibraltar Bank in accordance with a newly executed depository agreement is $1,350,000. The remaining funds consist of up to $50,000 in revenues earned during the current CDBG Year XV and up to $200,000 projected to be earned during Year XVI from the Hyatt Regency Parking Garage rental income (Grants Fund 76, Project No. 206948-00), the HUD Discretionary Grant Fund (Grants Fund 76, Project No. 206065-00), and the HUD Revolving Loan Fund 91 (Project No. 206066-00), to be transferred to Grants Fund 76, Project No. 206088-17, for later deposit with the First Gibraltar Bank, f.s.b., as earned. An additional $90,000 will be reallocated and deposited when the funds are available. These projects were recommended for approval by the Community Development Council on February 12, 1990. FINANCING: Sufficient funds will be available in Grant Fund 76, Project No. 206088, work phases 01 through 99 upon approval and receipt of CDBG Entitlement funds. On March 20, 1990, City Council approved M&C G-8515, CDBG Year XVI application and budget for submission to U.S. Department of Housing and Urban Development. Since that time Housing and Human Services has been informed that CDBG entitlement was reduced 6.03% rather than the 5% planning figure, resulting in a $51,200 reduction. The $51,200 reduction decreased unprogrammed funds from $127.323 to $76,123. Council Member Chappell requested permission to abstain from voting on Mayor and Council Communication No. C-12263 involving Fort Worth Independent School District. Minutes of City Council 0-3 Page 419 - c TUESDAY, APRIL 3, 1990 Council Member Garrison made a motion, seconded by Council Member McCray, that Council Member Chappell be permitted to abstain from voting on Mayor and Council Communication No. C-12263 involving Fort Worth Independent School District. When the motion was put to a.vote by the Mayor, it prevailed unanimously. Council Member Granger advised City Council of a conflict of interest involving Fort Worth Economic Development Corporation and stated that she will not be voting on Mayor and Council Communication No. C-12263. Council Member McCray made a motion, seconded by Council Member Zapata, that the recommendations, as contained in Mayor and Council Communication No. C-12263, be adopted. When -the motion was put to a vote by the Mayor, it prevailed by the following vote: RECOMMENDATION: It is recommended that the City Council: 1. Authorize a fund transfer in the amount of $14,750 from Water and Sewer Operating Fund 45, Account No. 70-90-20 to Sewer Capital Improvement Fund 58, Project No. 017096-00, Sewer Replacement, Bolt Street; and 2. Authorize Change Order No. 1 to Contract No. 17648B in the amount of $14,750 for the construction of the West Bolt Street Water and Sewer Replacements, revising the total contract cost to $180,830. PROJECT NO.: -53-017126-00 (67-017126-00) 58-017096-00 BACKGROUND: On January 23, 1990 (M&C C-12116), the City Council authorized the award of a contract to L.D. Conatser Contractors for construction of the West Bolt Street Water and Sewer Replacements. PROPOSED CHANGE ORDER: During construction, it was discovered that sanitary sewer L-1405 was also in a deteriorated condition and would require replacement prior to street reconstruction to protect the integrity of the new pavement. Also, two (2) joints of 12 -inch ductile iron pipe will be required to bridge across the existing storm drain. The contractor, L. D. Conatser Contractors, will perform this addition work for $14,750.- The proposed changes are as follows: 1. Add 677 LF 8 -inch PVC 0'-6' depth @ $18.00/LF $12,186.00 2. Add 36 LF (2) joints DIP @ 54.00/LF, 1,944.00 3. 1 EA. 4 -inch sewer service @ $620.00/EA. 620.00 Total $14,750.00 The net effect of the proposed change order is as follows: Original Contract Cost $166,080.00 Proposed Change Order No. 1 $ 14,750.00 Revised Contract Cost $180,830.00 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 Water and Sewer Operating Fund 45, Account No. 70-90-20, Sewer Capital Project, Sewer Department. Upon approval and completion of Recommendation No. 1 in the amount of $14,750.00, sufficient funds will be available in Sewer Capital Improvement Fund 58, Minutes of City Council 0-3 Page 420 AYES: Mayor Bolen; Council Members Zapata, Garrison, McCray, and Webber NOES: None ABSENT: Mayor Pro tempore Gilley NOT VOTING: Council Members Granger and Chappell There was presented Mayor and Council Communication No. C-12264 from the City M&C C-12264 re Manager, as follows: contract with L.D. Conatser Con- SUBJECT: PROPOSED CHAN1. GE ORDER NO. 1 TO WEST BOLT STREET WATER AND SEWER tractors REPLACEMENTS (L.D. CONATSER CONTRACTORS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize a fund transfer in the amount of $14,750 from Water and Sewer Operating Fund 45, Account No. 70-90-20 to Sewer Capital Improvement Fund 58, Project No. 017096-00, Sewer Replacement, Bolt Street; and 2. Authorize Change Order No. 1 to Contract No. 17648B in the amount of $14,750 for the construction of the West Bolt Street Water and Sewer Replacements, revising the total contract cost to $180,830. PROJECT NO.: -53-017126-00 (67-017126-00) 58-017096-00 BACKGROUND: On January 23, 1990 (M&C C-12116), the City Council authorized the award of a contract to L.D. Conatser Contractors for construction of the West Bolt Street Water and Sewer Replacements. PROPOSED CHANGE ORDER: During construction, it was discovered that sanitary sewer L-1405 was also in a deteriorated condition and would require replacement prior to street reconstruction to protect the integrity of the new pavement. Also, two (2) joints of 12 -inch ductile iron pipe will be required to bridge across the existing storm drain. The contractor, L. D. Conatser Contractors, will perform this addition work for $14,750.- The proposed changes are as follows: 1. Add 677 LF 8 -inch PVC 0'-6' depth @ $18.00/LF $12,186.00 2. Add 36 LF (2) joints DIP @ 54.00/LF, 1,944.00 3. 1 EA. 4 -inch sewer service @ $620.00/EA. 620.00 Total $14,750.00 The net effect of the proposed change order is as follows: Original Contract Cost $166,080.00 Proposed Change Order No. 1 $ 14,750.00 Revised Contract Cost $180,830.00 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 Water and Sewer Operating Fund 45, Account No. 70-90-20, Sewer Capital Project, Sewer Department. Upon approval and completion of Recommendation No. 1 in the amount of $14,750.00, sufficient funds will be available in Sewer Capital Improvement Fund 58, Minutes of City Council 0-3 Page 420 421 TUESDAY APRIL 3 1990 M&C C-12264 cont. Project No. 017096-00, Sewer Replacement, Bolt Street. Expenditures will be and adopted made from Index Code 658815. It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12264, be adopted. M&C 5 re contractract with w There was presented Mayor and Council Communication No. C-12265 from the City Neighborhood Manager stating that the City Council approved the 16th Year Community Development Housing Services Block Grant Proposed Final Statement of Objectives, Projected Use of Funds and Displacement Plan on March 20, 1990; that the total Neighborhood Housing Services Year XVI administration budget is $228,510.00; that the NHS proposed Year XVI CDBG administrative budget is $102,760.00 in Year XVI entitlement funds for administration for the Polytechnic Heights program, $50,000.00 in Year XVI entitlement funds for administration of the program in the program in the Near Northside, and $26,000.00 in projected income to be generated from fees earned by the Purchase/Rehab/Resale; that the fee to be earned by NHS is approximately six percent of the selling price of the homes; and recommending that the City Council authorize the City Manager to execute a contract with Neighborhood Housing Services for the period of June 1, 1990, to May 31, 1991, to include: 1. The use of $76,760.00 in Year XVI Community Development Block Grant (CDBG) entitlement funds and up to $26,000.00 in fees to be earned from the Purchase/Rehab/Resale Program, for Year XVI program administration; M&C C-12265 adopte M&C C-12266 re contract with T.J. Lambrecht Construc tion 2. The use of current Revolving Loan proceeds available in Polytechnic Heights and the Near Northside and any additional funds earned during Year XVI to make home improvement loans; and 3. The -use of Purchase/Rehab/Resale Program funds (expected to be in excess of $138,000.00), current Interest Subsidy funds and Interest Subsidy loan repayments of $836.00 to be earned during Year XVI, for acquisition and rehabilitation costs for vacant or problem properties in need of repairs and to buy down the interest rate on Rehab/Resale loans financed by Neighborhood Housing Services of America. The homes will be sold to low and moderate income families who are unable to qualify for conventional loans. - It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. C-12266 from the City Manager, as follows: SUBJECT: S.E. SANITARY LANDFILL (T.J. LAMBRECHT & COMPANY) RECOMMENDATION EXPANSION - CHANGE ORDER NO. 1 It is recommended that the City Manager be authorized to execute Change Order No. 1 to City Secretary Contract No. 17649 with T.J. Lambrecht Construction in the amount of $646,500.00 providing for the excavation of additional waste material beyond the estimated quantities stated in the bid documents, raising the total contract to $5,453,917.67. IfUTIMd7ill L IBE On January 30, 1990 (M&C C-12134), the City Council awarded a contract to T.J. Lambrecht Construction in the amount of $4,807,417.67 for improvements to the S.E. Landfill and channelization of Village Creek. During the course of excavation, large quantities of previously landfilled garbage and other debris were discovered far beyond the quantities provided for in the bid documents. The debris was apparently covered over prior to the City's purchase of the site in 1967 and was not discovered by the exploratory drilling done during the design phase of the project. The contract proposal quantities were 1000 C.Y. for debris and 138,600 C.Y. for landfill waste excavation. Due to the location of the material, the contractor will be required to protect the excavation with temporary levees and daily cover. In addition, it must provide additional fill material and additional daily cover to the City's landfill contractor and handle contaminated water. Staff has explored various options for accomplishing the additional work since the unit price of $16.50 per C.Y. for 1000 C.Y. of debris in the proposal did not reflect the nature of the work to be done. The options included contract termination, directed force account, stop work and obtain new bid for the removal of the additional material, and negotiating a new unit price for the additional material. The option determined to be most favorable to the City involved a new unit price for the 54,000 C.Y. of additional material classified as debris of $11.00 per C.Y. The established unit price of $1.50 per C.Y. for the 35,000 C.Y. of additional material classified as municipal waste will be unchanged. The total value of this option based on the estimated quantities is $646,500 and includes all items incidental to the excavation and removal including Minutes of City Council 0-3 Page 421 422 TUESDAY, APRIL 3, 1990 M&C C-12266 cont. temporary levee construction, additional replacement fill, additional daily cover, and care and handling of contaminated water. PROJECT COST: Original. Contract Amount $4.,807,417.67 Previous Change Orders -0- Proposed Change Order No. 1 , 646,500.00 Proposed Contract Amount $5,453,917.67 The value of this change order amounts to a 13.4% increase in the contract amount.; 1 FINANCING: Sufficient funds are available in Southeast Landfill Modification Fund 32, Project No. 001106-00, Southeast Landfill Final Construction, to finance this change order. Expenditures will be made from Index Code 682344. M&C C-12266 adopted On motion of Council Member Garrison, seconded by Council Member Granger, the recommendation, as contained in Mayor and Council Communication No. C-12266, was adopted. M&C C-12267 reThere was presented Mayor and Council Communication No. C-12267 from the City lease with Manager stating that Shamrock International Travel, Inc., seeks to lease 79 square feet Shamrock Interna- of counter space in the lobby of the Meacham Airport Terminal; that Shamrock proposes tional Travel, Inc to staff the booth part-time in order to serve its clientele at the flight schools and surrounding area; that Shamrock also is registered as a Disadvantaged Business Enterprise with the City of Fort Worth; that the term of the lease will begin March 1, 1990, and end February 28, 19900 for a total annual revenue of $1,035.69; and recommending that the City Manager be authorized to enter into a new lease with Shamrock International Travel, Inc., for counter space in the Meacham Airport Terminal Building. It was the consensus of the City Council that the recommendation be adopted. M&C FP -2669 re There was presented Mayor and Council Communication No. FP -2669 from the City final payment to Manager stating that the City Council accepted the Miscellaneous Curb and Gutter, Harrod Paving Driveway and Pavement Base Repair (89-4) on December 19, 1989, by Mayor and Council Company, Inc. Communication No. FP -2644 and authorized final payment in the amount of $13,340.73; that Harrod Paving has contested the charging of five days stating that it was not in receipt of the work order in time to begin work on the date specified on the work order; that staff has reviewed and concurs in this request to not be charged for the first five working days and be reimbursed $1,050.00; and recommending that the City Council authorize supplemental final payment in the amount of $1,050.00 to Harrod Paving Company, Inc., for Miscellaneous Curb and Gutter, Driveway and Pavement Base Repair (89-4) Street Improvements and authorize a bond fund transfer in the amount of $1,050.00 from 67-035901-00, Miscellaneous Streets and Drainage Unspecified, to 67-053116-00, Curb and Gutter, Driveway and Pavement Base Repair (89-4) to provide additional funds for construction. It was the consensus of the City Council that the recommendations be adopted., M&C 0 re There was presented Mayor and Council Communication No. FP -2670 from the City harrodfinall payment to Manager stating that street improvements for Lorin, Burton, Farrell, and Virgil Streets Company, Inc. Paving have been completed in accordance with plans and specifications under Contract 16835 Companawarded to Harrod Paving Company on November 22, 1988; and recommending that the City Council accept as complete street improvements for Lorin, Burton, Farrell, and Virgil Streets and authorize final payment in the amount of $33,281.41 to Harrod Paving Company, and approve the assessment roll and authorize issuance of certificates in evidence of special assessments levied against the abutting property owners of Lorin Avenue from Miller Avenue to Hughes Avenue, with funds available in Street Improvements Fund 67, Retainage Account No. 205016835, and Grant Fund 76, Retainage Account No. 205016835. It was the consensus of the City Council that the recommendations be adopted. Adjourned There being no further business, the meeting was adjourned. / A6 CITY SECRETARY MAYOR Minutes of City Council 0-3 Page 422