HomeMy WebLinkAbout1990/04/10-Minutes-City Council423
CITY COUNCIL MEETING
APRIL 10, 1990
ounci 1 Met On the 10th 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:
embers Present Mayor Bob Bolen; Mayor Pro tempore Garey W. Gilley; Council Members Louis J.
Zapata, William N. Garrison, Eugene McCray, Virginia Nell Webber, and David Chappell;
City Manager David Ivory; City Attorney Wade Adkins; City Secretary Ruth Howard;
Council Member Kay Granger absent; with more than a quorum present, at which time the
following business was transacted:
nvocation
ledge of
llegiance
inutes'of April 3,
990 approved
Proclamation
Community Develop-
ment Block Grant
Week
M&C Nos. P-4174,
P-4191 was with-
drawn ' " :-'fl
Withdrew M&C Nos.
G-8548, P-4183
Cont. for one
week M&C G-8554
Consent agenda
approved
The invocation was given by The Reverend Dr. Jan Cain, Chaplain of Cooke's/Fort
Worth Childrens' Medical Center.
The Pledge of Allegiance was recited.
On motion of Council Member Webber, seconded by Council Member Garrison, the
minutes of the meeting of April 3, 1990, were approved.
A proclamation for Community Development Block Grant Week was presented to
Mr. Charles McMillan.
City Manager Ivory requested that Mayor and Council Communication Nos. P-4174 and
P-4191 be withdrawn from the consent agenda.
Council Member Chappell requested that Mayor and Council Communication Nos. G-8548
and P-4183 be withdrawn from the consent agenda.
City Manager Ivory requested that Mayor and Council Communication No. G-8554 be
continued for one week.
On motion of Mayor Pro tempore Gilley, seconded by Council Member Chappell, the
consent agenda, as amended, was approved.
Introduced a Council Member Garrison introduced a resolution and made a motion that it be
Resolution adopted. The motion was seconded by Council Member McCray. The motion, carrying with
it the adoption of said resolution, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, McCray, Webber, and Chappell
NOES: None
ABSENT: Council Member Granger
The resolution, as adopted, is as follows:
Resolution No.
1523 RESOLUTION NO. 1523
APPOINTING MEMBER TO THE
DALLAS -FORT WORTH INTERNATIONAL AIRPORT BOARD
WHEREAS, pursuant to Articles 3 and 4 of the Contract and Agreement
dated as of April 15, 1968, between the Cities of Fort Worth and Dallas, the
City Council of the City of Fort Worth is authorized and required to appoint
by resolution qualified persons to membership on the Dallas -Fort Worth
International Airport Board; and,
WHEREAS, the City Council of the City of Fort Worth has determined and
found that Robert Martin is eligible for such appointment under said Contract
and Agreement and are not otherwise disqualified by law from holding such
office: NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
Resignation of Mrs.' Mayor Pro tempore Gilley made a motion, seconded by Council Member Webber, that
una Bailey from the resignation of Mrs. Una Bailey from the Historic and Cultural Landmark Commission
Historic and Cul- be accepted with regrets. When the motion was put to a vote by the Mayor, it prevailed
tural Landmark unanimously.
Comm.
Council Member Chappell submitted to the City Council the report of the Bar
Report of the Bar Committee and made a motion, seconded by Council Member Garrison, that the report of
Committee from the Bar Committee be accepted as recommended with the following proposals:
Council Member
Chappell
Minutes of City Council 0-3 Page 423
That Robert Martin is hereby
appointed
to membership on the Dallas -Fort
Worth International
Airport Board to occupy
Place 7, effective January 31,
1990, and to serve
until January 31,
1994.
Resig na ti -on of
Mayor Pro tempore
Gilley made a motion,
seconded by Council Member Zapata that the
Mr. Bill Meadows
resignation of Mr. Bill
Meadows from the
Park and
Recreation Advisory Board be accepted
for Park and Rec
with regrets. When
the motion was
put to
a vote by the Mayor, it prevailed
unanimously.
Resignation of Mrs.' Mayor Pro tempore Gilley made a motion, seconded by Council Member Webber, that
una Bailey from the resignation of Mrs. Una Bailey from the Historic and Cultural Landmark Commission
Historic and Cul- be accepted with regrets. When the motion was put to a vote by the Mayor, it prevailed
tural Landmark unanimously.
Comm.
Council Member Chappell submitted to the City Council the report of the Bar
Report of the Bar Committee and made a motion, seconded by Council Member Garrison, that the report of
Committee from the Bar Committee be accepted as recommended with the following proposals:
Council Member
Chappell
Minutes of City Council 0-3 Page 423
424
TUESDAY, APRIL 10, 1990
1. That an alcoholic beverage zoning ordinance be implemented on a
Bar Report cont. City-wide basis, covering those bars located in "F" and "G" zoning
classification;
2. That the Zoning Commission hold public hearings to establish a method of
eliminating bars adjacent to residential areas by establishing minimum
distances between bars and residents;.
3. That the Zoning Commission deliver to the City Council a recommended
method of decreasing the concentration of bars by establishing minimum
distances between those facilities in "F" and "G" zoning areas; with the
ordinance not only to stop the proliferation of bars inappropriate
residential areas, but also effectuate the appropriate removal of those
facilities; and
4. That the staff come back to the City Council and the committee with full
recommendation for maximization of resources of the City to address
these problems with an indication of the cost of each such
recommendation.
Council Member McCray expressed concerns regarding crime problems on Evans and
Rosedale and requested that these two streets also be included in the report of the Bar
Committee.
Mr. Bruce McClen- Mr. Bruce McClendon, Director of the Planning and Growth Management Department,
don re Bar Report appeared before the City Council and advised the City Council of the two studies that
were taken and suggested that the proposal be amended to include Evans and Rosedale
Streets in the report.
Council Member Webber expressed concerns regarding the sale of alcoholic beverage
at convenience stores and suggested that these establishments also be reviewed.
When the motion to accept the report of the Bar Committee, as amended, with the
proposal that an alcoholic beverage zoning ordinance be implemented on a City-wide
basis, covering those far as located in "F" and "G" zoning classifications; that the
Zoning Commission hold public hearings to establish a method of eliminating bars
adjacent to residential areas by establishing minimum distances between bars and
residence; that the Zoning Commission delivered to the City Council a recommended
method of decreasing the concentration of bars of establishing minimum distances
between those facilities in "F" and "G" zoning areas; which would include the stopping
of proliferation of bars in appropriate residential areas, but also effectuate the
appropriate removal of those facilities; and that staff come back to the City Council
and the committee with a full recommendation for the maximization of resources of the
City to address these problems with an indication of the cost of each such
recommendation, was put to a vote by the Mayor, it prevailed unanimously.
M&C OCS-17
Notice of Claims
There was presented Mayor
and Council Communication No. OCS-107 from the Office of
the City Secretary recommending
that notices of claims for alleged damages and/or
injuries be referred to the Risk
Management Department, as follows:
fha Investments
1. Claimant:
FHA Investments (care of Dale Mills)
G are of Dale Mill
)
Date Received:
April 4, 1990
Date of Incident:
March 28, 1990
Location of Incident:
705 and 707 Ernest
Estimate of Damages/
Injuries:
$59.95
Nature of Incident:
Claimant alleges damages as the result of a
sewer backup.
Earlene Kennedy &
2. Claimant:
Earlene Kennedy & Aetna Life & Casualty
Aetna ;Life &
Date Received:
April 4, 1990
Casualty
Date of Incident:
December 28, 1989
Location of Incident:
508 Ernest
Estimate of Damages/
Injuries: •
$5,824.28
Nature of Incident:
Claimant alleges damages to property as the
result of the water being turned off.
Norris K. Cole
3. Claimant:
Norris K. Cole
Date Received:
April 3, 1990
Date of Incident:
March 28, 1990
Location of Incident:
East of Race St. about 150 Feet on Shelby
Road
Estimate of Damages/
Injuries:
$143.01
Nature of Incident:
Claimant alleges damages to her automobile as
j
the result of street conditions.
Deborah Kay Shumatit
4. Claimant:
Deborah Kay Shumate
Date Received:
March 29, 1990
Date of Incident:
January 29, 1990
Location of Incident:
Intersection of University and 6th
Estimate of Damages/
Injuries:
$994.66 - $1,016.45
Minutes of City Council 0-3 Page 424
425
TUESDAY, APRIL 10, 1990
eb orah Kay Shumate
Nature of Incident:
Claimant alleges damages to her automobile as
laim cont.
the result of an accident involving a
City -owned vehicle (dump truck).
illiam B. Chaffin
5. Claimant:
Jillian B. Chaffin
Date Received:
April 2, 1990
Date of Incident:
March 11, 1990
Attorney:
Stephen C. Maxwell
Location of Incident:
4128 Driskell Blvd.
Estimate of Damages/
Injuries:
$100,000.00
Nature of Incident:
Claimant alleges damages to her property as
the result of a drainage problem from Lake
Como Dam.
ary Alan Fisher
6. Claimant:
Gary Alan Fisher
Date Received:
April 2, 1990
Date of Incident:
Undeclared
Location of Incident:
Undeclared
Estimate of Damages/
Injuries:
$108.00
Nature of Incident:-
Claimant alleges injuries to his son
(Michael) a minor.
nneth P. Dies 7. Claimant: Kenneth P. Dies
Date Received: April 2, 1990
Date of Incident: Undeclared
Location of Incident: Fort Worth Police Dept. Parking Garage
Estimate of Damages/
Injuries: $194.90 - $196.90
Nature of Incident: Claimant alleges damages to his automobile as
result of automated parking garage gate arm
striking his vehicle.
ames A. McBride
8. Claimant: James A. McBride
Date Received: April 2, 1990
Date of Incident: November 1989
Location of Incident: 408 S. Virginia Avenue
Estimate of Damages/
Injuries: $75.00
Nature of Incident: Claimant alleges damages to his property as
the result of a broken water pipe.
dna Anaya 9. Claimant: Edna Anaya
Date Received: April 2, 1990
Date of Incident: March 23, 1990
Location of Incident: Botanic Garden Center Parking
Estimate of Damages/
Injuries: $695.83 - $821.98
Nature of Incident: Claimant alleges damages to her automobile as
the result of an accident.
hitehead Equities,
TeTexas Joint Yen'-� 10. Claimant: Whitehead Equities, A Texas Joint Venture
re
uT a Date Received: April 2, 1990
Date of Incident: Undeclared
Location of Incident: 3021 Morton St.
Estimate of Damages/
Injuries: $3,175.00 - $3,643.00
Nature of Incident: Claimant alleges damages to its property as
the result of trash trucks driving on paved
parking lot.
illian F. Pease 11. Claimant: Lillian F. Pease
Date Received: April 2, 1990
Date of Incident: December 31, 1989
Location of Incident: 5500 Humbert Avenue
Estimate of Damages/
Injuries: $98.00
Nature of Incident: Claimant alleges damages to her property as
the result of a broken water pipe.
red Leon Hornsby 12. Claimant: Fred Leon Hornsby
Date Received: March 30, 1990
Date of Incident: December 24, 1989
Location of Incident: 5629 Stafford Drive
Estimate of Damages/
Injuries: $2,798.00 - $3,176.00
Nature of Incident: Claimant alleges damages to his property as
the result of a water main break.
aul Eugene DeGrate 13. Claimant: Paul Eugene DeGrate
Date Received: March 30, 1990.
Date of Incident: March 1990
Minutes of City Council 0-3 Page 425
TUESDAY, APRIL 10, 1990
Paul Eugene DeGrat Location of Incident: 2501 Timberline
claim cont. Estimate of. Damages/
Injuries: $528.00 - $650.00
Nature of Incident: Claimant alleges damages to his property as
the result of a water leak.
William Serrano 14. Claimant: William Serrano
Date Received: April 4, 1990
Date of Incident: Undeclared
Location of Incident: 3529 S. Henderson
Estimate of Damages/
Injuries: $930.17 - $1,043.00
Nature of Incident: Claimant alleges damages to his automobile as
the result of street conditions.
M&C OCS-107 adopted It was the consensus of the City Council that the recommendation be adopted.
M&C OC S-10 8 There was presented Mayor and Council Communication No. OCS-108 from the Office of
Liability Bonds the City Secretary recommending that the City Council authorize the acceptance of
liability bonds, as follows:
CONTRACTOR'S BOND INSURANCE COMPANY
Austin Commercial, Inc. British American Insurance Company
Austin Paving Company American Home Assurance Company
Terry Matthews dba Western Surety Company
E -M Construction Company
Minutes of City Council 0-3 Page 426
CEMENT BOND
Quality Cement Work Lawyers Surety Corporation
Jim Stump Cement Contractor Eagle Insurance Company
Russell E Hall Concrete Lawyers Surety Corporation
M&C OCS-108 adopted
It was the consensus of the City Council that the recommendation be adopted.
M&C OCS-109 re
There was presented Mayor and Council Communication No. OCS-109 from the Office of
Correspondence from
the City Secretary recommending that correspondence be referred to the Office of the
Mr Tom Hanstrom
City Manager from Mr. Tom Hanstrom, Executive Director of the Texas Osteopathic Medical
support of TCOMi
Association, expressing his support of the Texas College of Osteopathic Medicine's
human use of ani- T
humane use of animals in medical research; correspondence from Mr. Howard Nixon
mals; Mr. Howard
expressing opposition to the action of the City Council in spending tax dollars that
Nixon re tax doll.
will harm the economy in the long run; and correspondence from Ms. Susan E. Espenschied
ars; Ms. Susan E.
expressing opposition to the sale of live animals from City pounds for medical research.
Espenschied re sell
It was the consensus of the City Council that the recommendation be adopted.
of live animals
Benefit Hearing
It appearing to the City Council that the City Council on April 3, 1990, continued
BH -0009
the benefit hearing in connection with the assessment paving of May Street from Felix
Street to Kellis Road 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 opportunity to be
heard, Mayor Bolen asked if there was anyone present desiring to be heard.
Council Member Webber made a motion, seconded by Mayor Pro tempore Gilley, that
the benefit hearing for the assessment paving of May Street from Felix Street to Kellis
Road be continued from day to day and from time to time and especially to the City
Council meeting of April 17, 1990, to give every interested citizen or person an
opportunity to be -heard. When the motion was put to a vote by the Mayor, it prevailed
unanimously.
Council Member McCray excused himself from the City Council table at this time.
M&C G-8526 re
There was presented Mayor and Council Communication No. G-8526, dated March 27,
amending Chapter 6
1990, (Sections 6-21(a) and 6-64 only) from the City Manager stating that and
Animals and Fowls
recommending that the City Council adopt an ordinance revising Chapter 6, "Animals and
Fowl", of the Fort Worth City Code.
Asst. CMO Ramon
Assistant City Manager Ramon Guajardo appeared before the City Council and advised
Guajardo re M&C G-
the City Council that once an animal is sold, the owner will be responsible for
8526
registering the animal.
Dr. John S. Burns
Dr. John S. Burns, member of the Board of Directors of the Humane Society,
re M&C G-8526
appeared before the City Council and requested that the City Council add an additional
statement to Section 6-45(c), stating that "no other reason could be used to release
the animals other than under the conditions for release in Section 6-45 of the
ordinance.
Mayor Pro tempore Gilley expressed concerns regarding the marketing of pets
permanently in case the license slips off the animal's neck.
Minutes of City Council 0-3 Page 426
427
TUESDAY, APRIL 10, 1990
Ms. Anne Gardner Ms. Anne Gardner, 3412 Harwen Terrace, appeared before the City Council and
re M&C G-8526 advised the City Council that she is not in opposition of the use of animals in medical
research, but that she is opposed to the use of a pet for medical research.
Council Member Zapata excused himself from the Council table at this time.
Council Member McCray assumed his place at the Council table at this time.
Mr. David Moller rd Mr. David Moller, 3428 View Street, appeared before the City Council and expressed
M&C G-8526 opposition to the use of pets for medical research.
Ms. Linda yar- Ms. Linda Yarbrough, 1805 Old Mill Drive, appeared before the City Council and
brough re M&C G- expressed opposition to the selling of animals from the City Shelter for medical
8526 research purposes, stating that the cities of Dallas and Houston are the only two
cities that are still using pound animals in medical or educational research facilities
and stated that, in her opinion, Fort Worth should not follow in this example.
Mayor Pro tempore Gilley requested that the proposed amendment to the ordinance
requesting that a statement be added stating that "for no other reason animals could be
released from a City Shelter" be brought back before the City Council as an amendment
to the "Animals and Fowl" ordinance in two weeks.
Dr. James Ruhmann Dr. James Ruhmann, 1824 East Lancaster, appeared before the City Council and
re M&C G-8526 requested that the City Council not sell or give pound animals to TCOM.
Ms. Julia Park re Ms. Julia Park appeared before the City Council and expressed opposition to the
M&C G-8526 use of pets for medical research purposes.
At this time, Council Member Zapata assumed his place at the Council table.
Elizabeth Anderson
Elizabeth Anderson, 3619 Stagecoach Trail, Vice President of the Humane Society of
re M&C G-8526'
North Texas, appeared
before the City Council
and expressed opposition to the
condemning of lost pets
for medical purposes.
Mr. Art Brender
re M&C G-8526
Mr. Art Brender,
4021 Hampshire, President
of the Humane Society of North Texas,
appeared before the City Council and advised the
City Council that the shelter will
take the animals that
come in from the City Pound
that are pets and adopt them out, but
stated that the animals
that are not selected should not be used for medical research
purposes.
Ms. Kristie Brewer Ms. Kristie Brewer, 4232 Standish, appeared before the City Council and expressed
re M&C G-8526 opposition to the use of pets and missing animals for medical. research.
Council Member Chappell made a motion, seconded by Mayor Pro tempore Gilley, that
the recommendation in Mayor and Council Communication No. G-8526, be adopted. When the
motion was put to a vote by the Mayor, it prevailed unanimously.
Introduced an Council Member Chappell introduced an ordinance and made a motion that it be
ordinance adopted. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying
with it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, McCray, Webber, and Chappell
NOES: None
ABSENT: Council Member Granger
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10563
10563
AN ORDINANCE AMENDING CHAPTER 6, "ANIMALS AND FOWL" OF THE CODE OF
THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY PROVIDING
REGULATIONS CONCERNING ANIMALS, VIOLATIONS AND PENALTIES, DOG AND
CAT LICENSES AND FEES, AND DEAD ANIMAL PICKUP; PROVIDING PENALTIES;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE: PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN PAMPHLET
FORM; PROVIDING FOR PUBLICATION.IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 5.
Any person, firm or corporation who violates, disobeys, omits, neglects
or refuses to comply with or who resists the enforcement of any of the
provisions of this ordinance shall be fined not more than Two Thousand
Dollars ($2,000.00) for each offense. Each day that a violation is permitted
to exist shall constitute a separate offense.
Minutes of City Council 0-3 Page 427
428
TUESDAY, APRIL 10, 1990
SECTION 10.
Ordinance No. This ordinance shall be in full force and effect from and after June 1,
10 563 1990, and it is so ordained.
M&C G-8540 cont. Council Member Chappell made a motion, seconded by Council Member Zapata, that
until -conclusion Mayor and Council Communication No. G-8540, Recommended Settlement of: James Ray Jones
of executive Vs. Kelley M. Caruthers and the City of Fort Worth, Cause No. 141-125197-90, be
session continued until after the executive session. When the motion was put to a vote by the
Mayor, it prevailed unanimously.
M&C G-8542 re There was presented Mayor and Council Communication No. G-8542 from the City
replacement of Manager recommending that a work authorization be authorized in accordance with AR3-3
sanitary sewer for the replacement of Sanitary Sewer L-4515 located in Meeker Bqulevard from Churchill
Road to Quail Trail for a total estimated project cost of $61,372.78, with funds
available in Water and Sewer Operating Fund 45, Account No. 70-70-04, Index Code 387886.
It was the consensus of the City Council that the recommendation be adopted.
M&C G-8543 re There was presented Mayor and Council Communication No. G-8543 from the City
water main re- Manager recommending that a work authorization be authorized in accordance with AR3-3
placement for water main replacement in Santa Barbara Avenue from Santa Clara Drive to Ansley
Drive for a total estimated project cost of $35,560.04, with funds available in Water
and Sewer Operating Fund 45, Account No. 60-70-04, Index Code 377390. It was the
consensus of the City Council that the recommendation be adopted.
M&C G-8544 re There was presented Mayor and Council Communication No. G-8544 from the City
water main re- Manager recommending that a work authorization be authorized in accordance with AR3-3
placement for water main replacement in Craig Street from Muse Street to Rosehill Drive, and
water main extension in Rosehill Drive from Craig Street south 435 linear feet for a
total estimated project cost of $53,633.82, with funds available in Water and Sewer
Operating Fund 45, Account No. 60-70-04, Index Code 377408. It was the consensus of
the City Council that the recommendation be adopted.
M&C G-8545"re There was presented Mayor and Council Communication No. G-8545 from the City
grant from Texas Manager stating that the Texas State Library and Archives Commission and the U.S.
State Library Office of Education propose to award $37,102.00 from the LSCA Title 1 appropriations to
and Archives Comm the Fort Worth Public Library through a Major Resource Libraries grant; that the grant
ission proposal is for services provided through special collection development in the areas
of Genealogy and Local History during SFY 1991, September 1, 1990, through August 30,
1991; that no City of Fort Worth funds are required for this grant; and recommending
that the City Manager be authorized to apply for and accept, if offered, a grant from
the Texas State Library and Archives Commission through the Major Urban Resource
Libraries Grant (Urban Library/Aid Contract, Library and Construction Act - Title 1).
It was the consensus of the City Council that the recommendation be adopted.
M&C G-8546 re- There was presented Mayor and Council Communication No. G-8546 from the City
improvements to Manager stating that the 1986 Capital Improvement Program approved in March 1986
East Terrell Ave. included funds for the improvement of East Terrell Avenue from Interstate 35W to
from Interstate Missouri Avenue; that the project is in the Near Southeast Target Area and previously
35W has been constructed to City standards; that Community Development Block Grant funds
will provide 15 percent of the construction cost; that the project is located in
Council District 8; that the project total estimated cost is $69,168.00; that financing
for this project will be established at the time of the contract award; and
recommending that the City Council:'
1. Declare the necessity for and order the improvements to East Terrell
Avenue from Interstate 35W to Missouri Avenue;
2. Authorize the assessment of a portion of the cost of the improvements to
East Terrell Avenue against the owners of the abutting property;
3. Approve the estimate of costs and amounts to be assessed as stated in
the Engineer's Estimate;
4. Establish May 15, 1990, as the date of the benefit hearing; and
5. Authorize the preparation of assessment rolls and notification of
property owners in accordance with the provisions of Article 1105b of
Vernon's Annotated Civil Statutes.
Council Member Webber advised the City Council that she does live on East Terrell
but that the assessment paving project is located further down the street from where
she lives.
M&C G8546 adopted On motion of Council Member Webber, seconded by Council Member McCray, the
j recommendations were adopted.
M&C G-8547 re
There was presented Mayor and Council Communication No. G-8547 from the
City
improvements to
Manager stating that the 1986 Capital Improvement Program
approved in March
1986
Bourine Street -."r
included funds for the improvement of Bourine Street from
West Vickery Boulevard to
from West Vickery
Blackmore Avenue; that the project is in the Como Target
Area and has never
been
Blvd.
constructed to City standards; that Community Development
Block Grant funds
will
Minutes of City Council 0-3 Page 428
429
TUESDAY, APRIL 10, 1990
M&C G-8547 cont. Provide 30 percent of the construction cost; that the project is located in Council
District 7 and the total estimated cost is $294,470.00; that financing for this project
will be established at the time of the contract award; and recommending that the City
Council:
1. Declare the necessity for and order. the improvements to Bourine Street
from West Vickery Boulevard to Blackmore Avenue;
2. Authorize the assessment of a portion of the cost of the improvements to
Bourine Street against the owners of the abutting property;
3. Approve the estimate of costs and amounts to be assessed as stated in
the Engineer's Estimate;
4. Establish May 15, 1990, as the date of the benefit hearing; and
5. Authorize the preparation of assessment rolls and notification of
property owners in accordance with the provisions of Article 1105b of
Vernon's Annotated Civil Statutes.
M&C G-8547 adopted
On motion of Mayor Pro tempore Gilley, seconded by Council Member McCray, the
recommendations were adopted.
M&C G-8548 re
use of the Fort
There was presented Mayor and Council Communication No. G-8548 from the City
Worth Zoo
Manager stating that the Board of Directors of the Fort Worth Zoological Association
has requested to use portions of the Fort Worth Zoo, including the new African Forest
exhibit, for a benefit ball to raise funds to improve the Zoo; that the Zoo Ball is
expected to raise approximately $135,000.00 for Zoo improvements; that this is
$5,000.00 more than was raised last year; that the Zoo Ball is scheduled for Friday,
May 11, 1990, from approximately 8:00 p.m. to 2:00 a.m.; that, in case of inclement
weather, the ball would be postponed until Saturday, May 12, 1990; that the individual
admission fees are expected to be similar to last year's fees which were $175.00,
$250.00, and $500.00 depending on table location; that, under its existing contract
(City Secretary Contract No. 16138), the Zoological Association fully indemnifies the
City and provides public liability insurance in the amounts of at least $500,000.00
bodily injury per occurrence and $100,000.00 property damage per occurrence; and
recommending that the City Council authorize use of the Fort Worth Zoo by the Fort
Worth Zoological Association on the evening of May 11, 1990, for the purpose of a ball
to raise funds for the Zoo and that fees for the use of the Zoo be waived.
Asst. CMO Ruth Ann Assistant City Manager Ruth Ann McKinney appeared before the City Council and
McKinney re M&C advised the City Council that the location of the Zoo Ball has been changed and that it
G-8548 is farther away from residents and stated that representatives of the Zoological
Association as well as City staff will be available to ensure that the noise level is
kept at a minimal level; that a telephone number would be available for citizens to
report any disturbances from the Zoo Ball, and that she will investigate whether or not
a promise was made last year to put indoors any band playing after 12:00 midnight.
On motion of Council Member Chappell seconded by Mayor Pro tempore Gilley, the
recommendations, as contained in Mayor and Council Communication No. G-8548, were
adopted.
M&C G-8549 re There was presented Mayor and Council Communication No. G-8549 from the City
refund of tax' Manager stating that the Texas Property Tax Code requires that a taxpayer must request
overpayments 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 exceed $500.00; that
the Revenue Collection Division of the Finance Department has verified erroneous
payments or overpayments were made and recommends refunds, as follows:
ACCOUNT NO. LEGAL DESCRIPTION NAME AMOUNT
0092-23-82 Fairway Meadows Addition Robert L. Sipe $1,067.93
1989 Taxes Lot 53 Blk 1
(City/School)
Taxes Paid Twice
0092-20-21 Fairway Meadows Addition Susan E. Sipe 1,003.35
1989 Taxes Lot 21 Blk 1
(City/School)
Taxes Paid Twice
0041-45-22 Candleridge Addition First American Title 2,319.63
1989 Taxes Lot 17 Blk 19 Insurance
(City/School)
Taxes Paid Twice
0560-42-30 Willow Creek Addition #2 Citicorp Mortgage Corp. 636.93
1989 Taxes Lot 12 Blk 5
(City Only)
Taxes Paid Twice
0574-91-90 River Trails Addition Associates National Mtg. 565.97
1989 Taxes Lot 23 Blk 4
(City Only)
1 Taxes Paid Twice
ACCOUNT TOTALS $5,593.81
Minutes of City Council 0-3 Page 429
430
TUESDAY, APRIL 10, 1990
M&C G-8549 cont.
It was the consensus of the City Council that tax refunds totalling $5,593.81 be
and approved
approved. ,
M&C G-8550
There was presented Mayor and Council Communication No. G-8550 from the City
re
Bylaws of the Fort
Manager stating that the City Council on November 11, 1986, by Mayor and Council
Worth Convention
Communication No. G-6877 approved the Articles of Incorporation and Bylaws of the Fort
and Visitors Bur-
Worth Convention and Visitors Bureau; that Article V, Section 5:9 of the Bylaws
provides that amendments to the Bylaws or Articles of Incorporation which are proposed
eau
by the Bureau's board of directors must be submitted to the Fort Worth City Council for
approval; that the revisions include new designation of the current administrative head
of the Bureau, Douglas Harman, as its registered agent, in Section 1:1; and revises the
titles of Bureau officials to conform to industry standard; thus, the office of
President and CEO is created and the titles President and Executive Director are
eliminated, and the offices of Chairperson of the Board and Vice Chairperson of the
Board are created; and recommending that the City Council approve the First Amendment
to the Bylaws of Fort Worth Convention and Visitors Bureau. It was the consensus of
the City Council that the recommendation be adopted. [(The first amendment to the
Bylaws of the Fort Worth Convention Visitors Bureau is incorporated herein by reference
thereto and is included in the Council Proceeding File of the meeting of April 10,
1990.)]
M&C G-8551 re
amending Employees
There was presented Mayor and Council Communication No. G-8551 from the City
Retirement Fund
Manager, as follows:
SUBJECT: AMENDMENT TO RETIREMENT ORDINANCE
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending
the City Retirement Ordinance which includes. provisions relating to City
reimbursement of retiree health care expenses to the Retirement Fund and
those required by the Internal Revenue Code's qualification requirements.
BACKGROUND:
On September 19, 1989 (M&C G-8212), the City Council retained Gary B. Lawson
and the law firm of Godwin, Carlton & Maxwell as outside legal counsel
to consult with the City Council and represent the City in matters regarding
responsibility for retired City employees' health insurance and related
issues. Periodically, Mr. Lawson has met with the Council to give advice and
to provide an update on his review of these issues. This included the
recommendation that the City seek a determination letter from the Internal
Revenue Service.
The purpose of the determination letter is to establish that the Employees'
Retirement Fund of the City of Fort Worth is a qualified plan in the eyes of
the Service. In general, retirement plans are divided into qualified and
nonqualified plans for purposes of the Service's rules relating to Federal
tax treatment, with the Federal tax treatment accorded qualified plans being
much more advantageous than the Federal tax treatment accorded to nonquali-
fied plans. The City and retirement benefit recipients have treated the
Retirement Fund as a qualified plan; however, this status had never been
officially designated by the Service. In the opinion of Mr. Lawson,
amendments in two areas of the City's Retirement Ordinance were necessary to
achieve the qualified status from the Service.
The first area of amendment includes the cessation of the Retirement Fund's
transferring of funds to cover the cost of retirees' health care and a
provision for the City to reimburse the Retirement Fund for such transfers
occurring during the fiscal years of 1984 through 1989, plus interest. This
amount for all City funds is established as being $9,594,966.31 on
September 30, 1990. The repayment must be made over a period of ten fiscal
years, commencing October 1, 1990, with 8% interest accruing on any unpaid
balance.
The second area of amendment, while extensive in language, is technical in
nature and will have little, if any, discernable impact on the Retirement
Fund. These amendments are included in order to conform to the Service's
qualification requirements and govern the maximum benefits payable to a
member of the Fund.
These amendments to the Retirement Ordinance were submitted to the Service as
part of the City's request for a determination letter. The Service has
responded favorably and granted the determination letter which establishes
the Retirement Fund as a qualified fund. Included in the Service's action is
the requirement that the amendments to the Retirement Ordinance be adopted by
the City Council by April 21, 1990.
Minutes of City Council 0-3 Page 430
431
TUESDAY, APRIL 10, 1990
M&C G-8551 adopted On motion of Mayor Pro tempore Gilley, seconded by Council Member Garrison, the
recommendation, as contained in Mayor and Council Communication No. G-8551, was
adopted.
Introduced an May Pro tempore Gilley introduced an ordinance and made a motion that it be
ordinance
adopted. The motion was seconded by Council Member Garrison. The motion, carrying
with it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, McCray, Webber, and Chappell
NOES: None
ABSENT: Council Member Granger
The ordinance, as adopted, is as follows:
Ordinance Nox.
10564 ORDINANCE N0. 10564
AN ORDINANCE AMENDING ORDINANCE NOS. 2999, 4060, 4250, 4304, 4354,
4430, 4860, 4861, 4873, 4875, 5226, 5259, 6393, 6556, 7056, 7317,
7875, 8674, 8843, 9247, 9532, 10081, 10291, 10369, AND 10385,
CODIFIED AS CHAPTER 2, ARTICLE VI, DIVISION 1, ENTITLED "EMPLOYEES'
RETIREMENT FUND", OF THE CODE OF THE CITY OF FORT WORTH (1986), AS
AMENDED, WHICH ORDINANCES ESTABLISH AND PROVIDE FOR A RETIREMENT
SYSTEM, RETIREMENT PLAN AND BENEFITS THEREUNDER FOR EMPLOYEES OF
THE CITY OF FORT WORTH; PROVIDING FOR LIMITATIONS ON THE EARNINGS
OF A MEMBER THAT MAY BE USED IN COMPUTING BENEFITS; ACCORDING
NONFORFEITABLE RIGHTS TO ALL MEMBERS IN THE EVENT OF THE
TERMINATION OR PARTIAL TERMINATION OF THE FUND; PROVIDING FOR
ADDITIONAL CITY CONTRIBUTIONS TO THE FUND OVER TEN YEARS;
ESTABLISHING MAXIMUM BENEFIT LIMITATIONS; PRECLUDING REVERSION OF
FUNDS FROM THE EXCLUSIVE BENEFIT OF MEMBERS AND THEIR
BENEFICIARIES; MAKING THIS ORDINANCE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; 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 XI.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after the date
of its adoption and it is so ordained.
M&C G-8552 re
Citizen There was presented Mayor and Council Communication No. G-8552 from the City
Disabled C
Homestead itizenExemptio Manager stating that Informal Report No. 7443, Review of Ad Valorem Tax Exemption
Policies, was presented at the March 8, 1990, City Council Workshop; that the City
Council expressed interest in increasing the Disabled Citizen Homestead Exemption from
$10,000.00 to $20,000.00; that the last day the City Council may adopt (or change) the
various local option percentage homestead exemptions is May 1, 1990, in order to impact
the 1990-91 budget year; that there are no expenditures anticipated from this
recommendation; and recommending that the City Council adopt an ordinance increasing
the Disabled Citizen Homestead Exemption from $10,000.00 to $20,000.00. On motion of
Mayor Pro tempore Gilley, seconded by Council Member Webber, the recommendation was
adopted.
Introduced an
Ordinance Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
adopted. The motion was seconded by Council Member Webber. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
` AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, McCray, Webber, and Chappell
NOES: None
ABSENT: Council Member Granger
The ordinance, as adopted, is as follows:
Ordinance No...
10565 ORDINANCE NO. 10565
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF FORT WORTH
INCREASING THE RESIDENTIAL HOMESTEAD EXEMPTION FROM AD VALOREM
TAXES FOR DISABLED PERSONS; PROVIDING A SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, Article 8, Section 1-b of the Constitution of the State of
Texas permits a city to exempt by its own action not less than $3,000.00 of
the market value of residence homestead of disabled and elderly persons; and
Minutes of City Council 0-3 Page 431
432
TUESDAY, APRIL 10, 1990
Ordinance No. WHEREAS, the City Council of the City of Fort Worth desires to raise the
10565 residential homestead exemption for disabled citizens from $10,000 on the
assessed valuation of a residence to $20,000 on the assessed valuation of a
residence, pursuant to the provisions of Section 11.13 of the Property Tax
Code of the State of Texas;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION I.
There is hereby exempted the sum of Twenty Thousand Dollars ($20,000.00)
of the market value of residence homesteads of disabled persons from all ad
valorem taxes hereafter levied by the City of Fort Worth. The term
"disabled" shall have that meaning given in Section 11.13 of the Tax Code of
the State of Texas or any successor statute. An eligible disabled person who
is 65 or older may not receive both a disabled and an elderly residence
homestead exemption but may choose either.
SECTION II.
Should any part, portion, section or part of a section of this ordinance
be declared invalid or inoperative or void for any reason by a court of
competent jurisdiction, such decision, opinion or judgment shall in no way
affect the remaining portions, parts, sections or parts of sections of this
ordinance, which provision shall be, remain and continue to be in full force
and effect.
SECTION III.
This ordinance shall take effect upon its passage and will apply to the
ad valorem tax levies commencing with the year 1990.
M&C G-8553 re There was presented Mayor and Council Communication No. G-8553 from the City
proposal by Free- Manager, as follows:
dom Financial Cor-
poration SUBJECT: CITY OF FORT WORTH VS. FREEDOM FINANCIAL CORPORATION CAUSE
NO. 352-1072509-87
RECOMMENDATION:
It is recommended that the City Council approve and accept a proposal by
Freedom Financial Corporation, hereinafter referred to as "Freedom", to
settle all claims the City of Fort Worth may have against Freedom which arise
out of the subject matter of the above -referenced lawsuit. It is further
recommended that the City Council authorize the appropriate City personnel to
execute, on behalf of the City, the documents necessary to accomplish the
settlement and the dismissal, with prejudice, of the referenced case.
BACKGROUND:
This case arises out of an effort to obtain reimbursement from Freedom in the
amount of $126,000 based on the City's contention that it satisfied a
$126,000 obligation of Freedom. The basic terms of the proposed settlement
of this lawsuit, which settlement would result in total payment to the City
of $100,000, are as follows:
1) Freedom will pay the City of Fort Worth an initial payment of $20,000
and will execute an unsecured note to be paid over five years at the
rate of $10,000 per year for the first three years and $25,000 per year
for the fourth and fifth years. The note will be a non-interest bearing
note with the first payment due thereon one year after the date of the
settlement.
2) Freedom will pay not to exceed $3,000 in taxable court costs in the
referenced case upon proper verification of such costs.
3) The parties will dismiss the above referenced lawsuit with prejudice.
4) The City of Fort Worth will agree not to take any further action against
any third party (including, but not limited to, Independent American
Savings, its predecessors, successors, affiliates or assigns or any
party associated with same) to collect any interest or other sums in
connection with the transaction which is the subject of the
above -referenced lawsuit; and the City of Fort Worth will release any
and all such claims it may have against Independent American Savings, et
al, arising out of the subject matter of such suit.
5) The parties will sign a settlement agreement and release setting forth
the terms of the settlement, such agreement to include a mutual release
of all claims arising out of the subject matter of the referenced
lawsuit.
Minutes of City Council 0-3 Page 432
433
TUESDAY, APRIL 10, 1990
&C G-8553 cont.
On motion of Council Member Garrison, seconded by Mayor Pro tempore Gilley. the
nd adopted
recommendation, as contained in Mayor and Council Communication No. G-8553, was
Inner City
adopted.
&C G-8554 re
ont. for one week
There was presented Mayor and Council Communication No. G-8554 from the City
Streets
Manager stating that the proposed Glenwood Triangle Targeted Area Plan is the first
plan completed under the Targeted Area Planning Program, a self-help program under
Unspecified
which neighborhood groups work with City staff to develop neighborhood -initiated plans;
that the Glenwood Triangle neighborhood was selected, along with two other
neighborhoods, in August 1989; that the Glenwood Triangle neighborhood group has long
been actively involved in rebuilding its neighborhood and addressing its problems; that
residents have rebuilt 24 of the 65 area homes and one commercial structure; that,
under the TAP process, the resident group formulated four goals and developed an action
67-023200-00
plan to attain them; that no expenditure of City funds will be required, other than
$732,839.34
printing and distribution cost of the comprehensive report; and recommending that the
East 1st/4th,
City Council adopt the Glenwood Triangle Targeted Area Plan Land Use component as part
purchase agreement
of the City of Fort Worth Comprehensive Plan and further recommending that the City
Riverside -Beach
Council review for evaluation and possible future action the implementation options on
patrol services
the full plan and to direct the appropriate City staff to respond to the proposed
implementation options by July 10, 1990. It was the consensus of the City Council that
Mayor and Council Communication No. G-8554 be continued for one week.
M&C G-8555 re There was presented Mayor and Council Communication No. G-8555 from the City
street .and water Manager stating that construction contracts for street and water line improvements for
line improvements Lawnwood Avenue from Brandies to De Costa and Brandies Street from Lawnwood to East 1st
was approved by City Council on March 27, 1990; that the bond fund transfer information
included in the communication contained two typographical errors; and recommending that
the City Council:
1. Rescind the following bond fund transfers:
FROM TO AMOUNT REASON
67-040901-00
53-017141-00
$167,926.56
To provide funds
Inner City
Lawnwood and
for the City's
Streets
Brandies
share of construc-
Unspecified
General Fund 01, Account No. 04-40-00, Index Code 242370; and recommending that the
tion cost plus
renew annually f or two years for the Information Systems and Services Department with
funds for change
f.o.b. Fort Worth; that the City Manager be authorized, at his discretion, to exercise
orders.
67-023200-00
53-017141-00
$732,839.34
To provide funds
East 1st/4th,
Lawnwood and
purchase agreement
for City's share
Riverside -Beach
Brandies
patrol services
of drainage cost
plus funds for
change orders.
2. Approve the following bond fund transfers:
FROM
TO
AMOUNT
REASON
67-040901-00
67-040176-00
$167,926.56
To provide funds
Inner City
Lawnwood and
for the City's
Streets
Brandies
share of construc-
Unspecified
tion cost plus
funds for change
orders.
67-023200-00
67-040176-00
$732,839.34
To provide funds
East 1st/4th
Lawnwood and
for City's share
Riverside -Beach
Brandies
of drainage cost
plus funds for
change orders.
M&C G-8555 adopted 11 It was the consensus of the City Council that the recommendations be adopted.
M&C P-4167 re
There was presented Mayor and Council Communication No. P-4167 from the City
agreement of main-
Manager stating that CA -1 is a software product that the Information Systems and
fram software
Services Department, Data Processing Division, has used for over 12 years to protect
and retain data stored on magnetic tape; that CA -1 is the industry standard for the
management of magnetic tape resources and unsurpassed in its reliability and conformity
to changes in the IBM software that it must match; stating that funds are available in
General Fund 01, Account No. 04-40-00, Index Code 242370; and recommending that the
annual maintenance of mainframe software be authorized for one year with option to
renew annually f or two years for the Information Systems and Services Department with
sole source, Computer Associates International, for an amount not to exceed $5,096.00,
f.o.b. Fort Worth; that the City Manager be authorized, at his discretion, to exercise
the options to renew; and that the agreement be effective from February 5, 1990, to
February 4, 1991. It was the consensus of the City Council that the recommendations be
adopted.
M&C P-4168 re
There was presented Mayor and Council Communication No. P-4168 from the City
purchase agreement
Manager submitting a tabulation of bids received for a one-year purchase agreement,
to provide security
with two one-year renewal options, to provide security patrol services for the Park and
patrol services
Recreation Department; stating that funds are available in General Fund 01, Account
Minutes of City Council 0-3 Page 433
434
TUESDAY, APRIL 10, 1990
M&C P-4168 cont. No. 80-20-60, Index Code 303982; and recommending that the purchase agreement be
authorized with Texas Executive Protection Services on its low bid of $8.03 per patrol
net, f.o.b. Fort Worth; that the City Manager be authorized, at his discretion, to
exercise the option to renew; and that the term of agreement begin date of
authorization by City Council and end one year later or when renewal option is
authorized. It was the consensus of the City Council that the recommendations be
adopted.
M&C P-4169 re There was presented Mayor and Council Communication No. P-4169 from the City
purchase of com- Manager submitting a quotation received for the outright purchase of computer equipment
puter equipment with a one-year warranty for Information Systems and Services Department; stating that
funds are available in Capital Reserve Fund 10, Project No. 400000-04, Index Code
611459; and recommending that the purchase be made from Logical Data System & Services
on its quotation of $13,314.00, f.o.b. Fort Worth. It was the consensus of the City
Council that the recommendation be adopted.
M&C P-4170 re' There was presented Mayor and Council Communication No. P-4170 from the City
purchase agreement Manager stating that a purchase agreement was authorized on November 7, 1989, by Mayor
for decals and Council Communication No. P-3811 with Wilson Trophy Company of Fort Worth for
trophies and with Academy Awards of Texas in Bedford for decals; that a registered,
return -receipt letter was mailed to the corporate office in Houston, February 9, 1990,
by Purchasing staff to verify whether Academy Awards of Texas still could provide the
decals; that, as of March 23, 1990, no reply or receipt has been received in the City
Purchasing office; stating that funds are available in General Fund 01, Account
No. 80-30-30, Index Code 000018; and recommending that the..purchase agreement as
approved by Mayor and Council Communication No. P-3811, dated November 7, 1989, with
Academy Awards of Texas for the City of Fort Worth First Place decals at $0.09 each
net, f.o.b. Fort Worth be cancelled; removing Academy Awards of Texas from the vendors
list; and recommending that a purchase agreement be authorized with Wilson Trophy
Company at unit price of $0.18 each, net, f.o.b. Fort Worth. It was the consensus of
the City Council that the recommendations be adopted.
M&C P-4171 re There was presented Mayor and Council Communication No. P-4171 from the City
agreement with Manager stating that a purchase agreement with two one-year renewal options was
Presko Corporation authorized on April 4, 1989, by Mayor and Council Communication No. P-3377 to provide
janitorial service for the Park and Recreation Department; that Presko Corporation has
agreed to continue service at the price as originally quoted; stating that funds are
available in General Fund 01, Account No. 80-20-60, Index Code 303982; and recommending
that the City Council exercise the first option for renewal of a purchase agreement
with Presko Corporation to provide janitorial services for Botanic Garden buildings at
$2,842.50 per month, and for the Lecture Hall at $47.50 per cleaning, net, f.o.b. Fort
Worth; and that the City Manager, at his discretion, be authorized to exercise the
second (final) option to renew one year from now; and that the renewal become effective
upon date of authorization until April 3, 1991. On motion of Mayor Pro tempore Gilley,
seconded by Council Member McCray, the recommendations were adopted.
M&C P-4171 adopted It was the consensus of the City Council that the recommendations be adopted.
M&C P-4172 re There was presented Mayor and Council Communication No. P-4172 from the City
purchase of play- Manager submitting a tabulation of bids received for the purchase of playground
ground apparatus apparatus for the Park and Recreation Department; stating that funds are available in
General Fund 01, Account No. 80-20-51, Index Code 348664; and recommending that the
purchase be made on a low -bid -item basis, meeting City specifications, from American
Swing Products and Hunter-Knepshield Company for a total amount not to exceed
$8,989.71 net, f.o.b. Fort Worth. It was the consensus of the City Council that the
recommendation be adopted.
M&C P-4173 re
purchase agreement There was presented Mayor and Council Communication No. P-4173 from the City
to chase a autoe Manager submitting a tabulation of bids received for a purchase agreement to furnish
motive/light truck automotive/light truck brake parts for the City Services Department; stating that
brake parts 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 purchase agreement with Dick Smith, Inc. to furnish automotive/light
truck brake parts for the City Services Department on the low bid,
meeting specifications, of the following unit prices:
ITEM # DESCRIPTION AMOUNT
1 Brake Shoes Bendix 445 New with Rivet Linings $13.20
2 Brake Shoes Bendix 482 New with Rivet Linings $13.35
3 Brake Shoes Bendix 504L New with Rivet Linings $10.95
4 Brake Shoes Bendix 449 New with Rivet Linings $17.04
5 Brake Shoes Bendix 462 New with Rivet Linings $12.49
6 Brake Shoes Bendix 519 New with Rivet Linings $13.35
7 Disc Pads Bendix MKD368 with Semi -Metallic Linings $16.40
8 Disc Pads Bendix MKD150 with Semi -Metallic Linings $17.72
9 Disc Pads Bendix MKD52 with Semi -Metallic Linings $15.24
10 Disc Pads Bendix MKD214 with Semi -Metallic Linings $17.28
11 Disc Pads Bendix MKD154 with Semi -Metallic Linings $15.24
12 Disc Pads Bendix MKD142 with Semi -Metallic Linings $15.06
13 Disc Pads Bendix MKD170 with Semi -Metallic Linings $17.28
14 Unspecified Brake Shoes & Disc Pads Jobber's
Net Price
Less 20%
Minutes of City Council 0-3 Page 434
435
TUESDAY, APRIL 10, 1990
M&C P-4173 cont.
15
Drums and Rotors Bendix 140383
$49.98
16
Drums and Rotors Bendix 141176
$29.89
ft.
17
Drums and Rotors Bendix 140254
$34.46
$ 39.75/each
18
Drums and Rotors Bendix 141216
$35.38
x 48"
19
Drums and Rotors Bendix 140201
$33.57
3)
20
Unspecified Drums and Rotors
Jobber's
0 -Ring
Riser
$119.25/each
Net Price
4
ft.
x 48"
Less 20%
Riser
21
Brake Master Cylinders (New) Bendix 11945
$27.26
ft.
22
Brake Master Cylinders (New) Bendix 12011
$54.52
$198.75/each
23
Brake Master Cylinders (New) Bendix 11889
$62.96
x 48"
24
Brake Master Cylinders (New) Bendix 11858
$22.61
7)
25
Unspecified Brake Master Cylinder
Jobber's
$119.25/each
Net Price
4
ft.
Cone
Less 20%
26
Unspecified OEM Compatible Automotive and
Jobber's
Gaskets
Light Truck Brake Parts, Calipers, Caliper
Net Price
Kits, Caliper Pistons, Brake Hoses, Hold
Less 20%
Down Kits, Self -Adjusters, Spring Kits, etc.
M&C P-4173 adopted
It was the consensus
of the City Council that the recommendation be
adopted.
M&C P-4174 re
There was
presented Mayor and Council Communication No. P-4174 from the City
purchase of
Manager submitting
a quotation received for the purchase of electric machinery parts
electric machinery
for the Water
Department; stating that purchases will be charged to Water and Sewer
parts
Operating Fund
45, Inventory Subsidiary Account No. 141-000280; and
recommending that
the purchase be made from All Star Supply, Inc., on quotation of
$6,138.90, less two
percent 30 days,
for a total amount of $6,016.12 net, f.o.b. Fort
Worth. It was the
consensus of the
City Council that the recommendation be adopted.
M&C P-4175 re There was presented Mayor and Council Communication No. P-4175 from the City
purchase agreement Manager submitting a tabulation of bids received for a one-year purchase agreement to
to provide manhole provide manhole risers and cones for the Water Department; stating that budgeted funds
risers and cones are sufficient to cover the anticipated expenditure by each department participating in
this agreement; and recommending that the City Council:
M&C P-4175 adopted
M&C P-4176 re
purchase agreement
for technical asst
and component re-
pair
1. Authorize a one-year purchase agreement to provide manhole risers and
cones for the Water Department with Hydro Conduit Corporation on the low
per unit price bid, f.o.b. Fort Worth, as follows:
2. This agreement to be effective from date of authorization by City
Council until expiration one year later.
It was the consensus of the City Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. P-4176 from the City
Manager, as follows:
SUBJECT: PURCHASE AGREEMENT FOR TECHNICAL ASSISTANCE AND COMPONENT REPAIR
FROM COOPER INDUSTRIES, COOPER ENERGY SERVICES, FOR THE WATER
DEPARTMENT
RECOMMENDATION:
It is recommended that the City Council authorize:
1. A purchase agreement with Cooper Industries, Cooper Energy Services, to
provide technical assistance and component repair for the Water
Department on the following schedule of charges:
A) Technical Service Daily Rate
Mechanical Service Representative (MSR) $ 470.00
Mechanical Service Specialist (MSS) $ 545.00
Controls Service Representative (CSR) $ 595.00
Control Service Specialist (CSS) $ 640.00
Consulting Engineer (CE) $ 880.00
Diagnostic Team (2 -man crew) (DT) $1,040.00
Training Specialist (TS) $ 880.00
Minutes of City Council 0-3 Page 435
ITEM
AMOUNT BID
1)
1
ft.
x 48"
0 -Ring
Riser
$ 39.75/each
2)
2
ft.
x 48"
0 -Ring
Riser
$ 79.50/each
3)
3
ft.
x 48"
0 -Ring
Riser
$119.25/each
4)
4
ft.
x 48"
0 -Ring
Riser
$159.00/each
5)
5
ft.
x 48"
0 -Ring
Riser
$198.75/each
6)
6
ft.
x 48"
0 -Ring
Riser
$238.50/each
7)
3
ft.
Cone
$119.25/each
8)
4
ft.
Cone
$159.00/each
9)
0 -Ring
Gaskets
$ 6.50/each
2. This agreement to be effective from date of authorization by City
Council until expiration one year later.
It was the consensus of the City Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. P-4176 from the City
Manager, as follows:
SUBJECT: PURCHASE AGREEMENT FOR TECHNICAL ASSISTANCE AND COMPONENT REPAIR
FROM COOPER INDUSTRIES, COOPER ENERGY SERVICES, FOR THE WATER
DEPARTMENT
RECOMMENDATION:
It is recommended that the City Council authorize:
1. A purchase agreement with Cooper Industries, Cooper Energy Services, to
provide technical assistance and component repair for the Water
Department on the following schedule of charges:
A) Technical Service Daily Rate
Mechanical Service Representative (MSR) $ 470.00
Mechanical Service Specialist (MSS) $ 545.00
Controls Service Representative (CSR) $ 595.00
Control Service Specialist (CSS) $ 640.00
Consulting Engineer (CE) $ 880.00
Diagnostic Team (2 -man crew) (DT) $1,040.00
Training Specialist (TS) $ 880.00
Minutes of City Council 0-3 Page 435
M&C P-4176 cont.
TUESDAY, APRIL 10, 1990
MINIMUM CHARGES
One day is the minimum charge. For MSR, MSS, CSR and CSS only, one-half
(1/2) the Daily Rate will be allowed for four (4) hours or less. Travel time
is considered work time..
TRAVEL AND OVERTIME CHARGES
Travel: Percent of Daily Rate
Weekday travel time 12.50% per hour
Weekend/holiday travel time 18.75% per hour
Overtime:
In excess of 8 hours per day and 18.75% per hour
for the first 12 hours on Saturday
In excess of 12 hours per day or 25.00% per hour
continuously
(irrespective of calendar.days)
Sundays and local holidays 25.00% per hour
TRANSPORTATION CHARGES
Charges to, from and at jobsite:
Cooper vehicle $.50 per mile
Rented vehicle Actual Cost
TRAVEL AND LIVING EXPENSE CHARGES
To, from and at the jobsite:
Use of customer -provided quarters Actual Cost
will be considered
MAINTENANCE SERVICES CREW CHIEF RATES
Standard Time $42.00 Per Hour
Time and a Half $63.00 Per Hour
Double Time $84.00 Per Hour
SERVICE MECHANIC RATES
Standard Time $36.00 Per Hour
Time and a Half $54.00 Per Hour
Double Time $72.00 Per Hour
SCHEDULE OF CHARGES
1. Time for 8 Hrs./Day or 40 Hrs./Week: Standard Rate
2. Time in excess of 8 Hrs./Day 1.5 times std. rate
3. Time in excess of 12 Hrs./Day, 2.0 times std. rate
all continuous service, time in
excess of 12 hrs., regardless of
calendar day
4. Time on Saturday (First 12 Hrs.) 1.5 time std. rate
5. Time on Sunday and locally observed .2.0 times std. rate
holidays
EXPENSES
1. All expenses for lodging and meals while on the job will be charged to
customer. NOTE: This applies to jobs outside of Houston only.
2. Mileage will be charged at the rate of $.50/mile.
3. Stand -By service, if requested, will be charged at applicable day's
rate.
OVERHAUL EQUIPMENT RATE SCHEDULE
Mobile Trailer $100.00/Day
Trucks - Based on Actual Mileage $ .50/Mile
ANALYZER RATES
Analyzer and Operator $600.00/Day
Helper $275.00/Day
NOTE:
Should repairs be done upon completion and diagnosis, charges will be at
i E.S.G.'s standard rate in effect at time for service.
Mileage $ .50/Mile
Minutes of City Council 0-3 Page 436
&C P-4176 cont.
C P-4176 adopted
&C P-4177 re
urchase agreement
or foaming fumigan
anaform vaporooter
&C P-4177 adopted
&C P-4178 re
urchase agreement
ith mega Equip-
ent Company
&C P-4179 re
urchase of mobile
nd stationary
adios
4" 7
B) Component Repair
Item Description
1. Head
Above supersedes
2. Head
3. Oil Pump
Above supersedes
TUESDAY, APRIL 10, 1990
Part No.
033-715-003
026-457
018-519
033-639
002-914
New Price
$ 4,760.00
5,776.00
5,800.00
Recond. Price
$ 2,856.00
3,466.00
3,480.00
4.
Pump, Inj._
014-060
3,312.00
1,987.00
5.
Pump, Inj.
028-670
2,592.00
1,555.00
6.
Rotor
754-962
28,288.00
16,972.80
7.
Rotor
757-221
32,920.00
19,752.00
8.
Rotor
757-474
33,640.00
20,184.00
9.
Turbocharger
029-284
52,400.00
31,440.00
10.
Turbocharger
028-672
54,392.00
32,635.00
11.
Governor
019-113
17,168.00
10,300.00
12.
Governor
028-122
19,864.00
11,918.00
Reconditioning prices have
been calculated
not to exceed
60% of new part
prices.
All
labor will be billed at actual
hours expended, based on
current machine
shop
rates.
All
replacement parts will be
billed
as requirements dictate
at current price
less
your discount.
Any
third party requirements
will be
billed to you at cost plus 30%.
2.
The agreement to begin
the day
of authorization by the
City Council and
expire after one year.
nPCrilCCTnN
The Cooper Services, Cooper Energy Services Group, are the sole source for
parts and assistance on the White Superior engines located at the Village
Creek Wastewater Treatment Plant. Cooper Services purchased the patents and
all rights to the White Superior engine. The Water Department will use these
services to diagnose engine problems and to overhaul components to maintain
the engines at the wastewater plant.
FINANCING:
Sufficient funds are available in Water and Sewer Operating Fund 45,
Wastewater Treatment, Account No. 70-50-02. Expenditures will be charged to
Index Code 384487, Other Repair and Maintenance.
It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. P-4176, be adopted.
There was presented Mayor and Council Communication No. P-4177 from the City
Manager submitting a quotation received for a purchase agreement for foaming fumigant
sanaf orm for the Water Department; stating that budgeted funds are sufficient to cover
the anticipated expenditure by each department participating in this agreement; and
recommending that the City Council:
1. Authorize a purchase agreement for foaming fumigant sanaform with
Airrigation Engineering, as a sole source, on the unit prices as
follows:
0-1500 GALLONS 1500-1999 GALLONS 2000/MORE
$49.00/gal. $48.00/gal. $47.00/gal.
2. This agreement to begin date of authorization and expire one year later.
It was the consensus of the City Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. P-4178 from the City
Manager stating that the City Council authorized a purchase agreement with Mega
Equipment Company on May 23, 1989, by Mayor and Council Communication No. P-3484; that
the agreement period was for one year with option to renew -for one additional year;
that Mega Equipment Company has performed well and the City Services Department,
Equipment Services Division, has requested option to renew be exercised; stating that
purchases will be charged to Equipment Services Fund 61, Inventory Account
No. 141-000270; and recommending that the option to renew be exercised with Mega
Equipment Company to furnish genuine John Deere parts for the City Services Department
for one additional year on bid of manufacturer's suggested list price, with the new
agreement period to begin May 22, 1990, and end one year later. It was the consensus
of the City Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. P-4179 from the City
Manager submitting a tabulation of bids received for the purchase of mobile and
stationary radios for the Information Systems and Services Department; stating that
funds are available in General Fund 01, Account No. 80-10-00, Index Code 311167; Water
Minutes of City Council 0-3 Page 437
4"S
TUESDAY, APRIL 10, 1990
M&C, P-4179 cont.
and Sewer Operating Fund 45, Account Nos. 60-70-07, 60-50-05, 60-40-05,
and 60-50-03,
Index Codes 378687, 354720, 372425, and 374546, respectively;
and Account
No. 70-40-05,
Index Code 383331; and recommending that the purchase be made
from CSSI on
its low bid,
meeting City specification, of $11,119.92, f.o.b. Fort Worth.
It was the
consensus of
the City Council that the recommendation be adopted.
M&C P-4180 re
purchase ofaa
There was presented Mayor and Council Communication
No. P-4180
from the City
Commercial General
Manager, as follows:
Liability ins ur anc
policy
SUBJECT: COMMERCIAL GENERAL LIABILITY INSURANCE POLICY
AND LIQUOR
LIABILITY
INSURANCE POLICY FOR COWTOWN COLISEUM
RECOMMENDATION:
It is recommended that the City Council approve the purchase of a Commercial
General Liability insurance policy to cover the Cowtown Coliseum adjacent
animal pens and Rodeo Plaza gazebo area, from the Key, Piskuran and Sheeran
Insurance Agency, at a cost not to exceed $8,525.25 for a one year period
from April 22, 1990, to April 22, 1991 for coverage at the $1,000,000 per
occurrence limit.
It is also recommended that the City Council approve the purchase of a Liquor
Liability Insurance policy at the $500,000 limit per occurrence and that the
bid be awarded to the sole bidder, Key, Piskuran & Sheeran, at the cost of
$75. per $1,000 receipts of alcoholic beverages at a cost not to exceed
$3,750.
DISCUSSION•
Two vendors responded to BID QUOTATION NO. 90-013 for the Commercial General
Liability insurance policy as follows:
BIDDER: PREMIUM COST BID:
Corrigan -Jordan -Hancock & Assoc. $8,520.00
(Carrier: Transamerica Insurance ,
Group)
Key, Piskuran & Sheeran Insurance $8,525.25
Agency
(Carrier: General Star Indemnity
Company)
Though the Key, Piskuran & Sheeran bid is $5.25 more than the bid submitted
by Corrigan -Jordan -Hancock & Associates, the two bids differ in several
aspects. The Corrigan -Jordan -Hancock & Associates' bid includes a general
aggregate limit in the amount of $5,000,000, and provides $5,000 per person
medical expenses coverage, but would require the City's tenants to obtain at
least $1,000,000 of liability coverage. Currently, the City requires its
tenants to obtain only $500,000 of liability insurance coverage as a lease
condition. The Key, Piskuran & Sheeran bid includes a general aggregate
limit in the amount of $2,000,000, does not include the $5,000 per person
medical expense coverage and stipulates no requirement as to the City's
tenants' liability insurance coverage. Corrigan -Jordan -Hancock's $1,000,000
requirement could inhibit public use of the facilities and thereby reduce
rental income to the City. Therefore, the bid submitted by Key, Piskuran, &
Sheeran is recommended even though the aggregate limit is $2,000,000 and it
does not include the $5,000 medical expense coverage.,
The recommended Liquor Liability Insurance policy will be in addition to
and/or in excess of that maintained by concessionaire(s) contracted by the
City. But since the City does not require Liquor Liability insurance in its
contract with, e.g., Ken Moore Enterprises, and since the Texas Alcoholic
Beverage Commission does not require it for a permit or a license, it would
be in the best interest of the City to maintain this coverage.
FINANCING:
Sufficient funds are available in Insurance Fund 71; Commercial Insurance
Premiums Account No. 15-71-30. Expenditures will be charged against Index
Code 399600.
M&C P-4180 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor
and Council Communication No. P-4180, be adopted.
M&C P-4181 re There was presented Mayor and Council Communication No. P-4181 from the City
purchase agreement; Manager submitting a tabulation of bids received for a one-year purchase agreement,
to provide tem -or— with one-year renewal option to provide temporary labor for various City departments;
porary labor stating that budgeted funds are sufficient to cover the anticipated expenditure by each
department participating in the agreement; and recommending that the purchase agreement
be authorized with Labor Force on its low bid of $4.44 per hour rate net, f.o.b. Fort
Worth; that all departments be authorized to participate in this agreement, if needed;
and that the term of agreement begin the date of authorization and end one year later
Minutes of City Council 0-3 Page 438
439
TUESDAY, APRIL 10, 1990
&C P-4181 cont. or option for renewal is authorized. It was the consensus of the City Council that the
nd adopted recommendation -be adopted.
&C P-4182 re There was presented Mayor and Council Communication No. P-4182 from the City
urchase of elect Manager submitting a tabulation of bids received for the purchase of electrical
rical supplies supplies for the Transportation and Public Works Department; stating that purchases
will be charged to General Fund 01, Inventory Subsidiary Account No. 141-000273; and
recommending that the 'purchase be made on a low -bid -item basis from Bluebonnet Supply
and All Star'Supply, Inc., for a total of $6,862.00 f.o.b. Fort Worth, Texas. It was
the consensus of the City Council that the recommendation be adopted.
&C P-4183 re There was presented Mayor and Council Communication No. P-4183 from the City
urchase agreement Manager submitting a tabulation of bids received for a purchase agreement to provide
ith Koch Asphalt emulsified asphalt for all City departments; stating that budgeted funds are sufficient
ompany to cover the anticipated expenditure by each department participating in this
agreement; and recommending that the purchase agreement be authorized with Koch Asphalt
Company on its low bid of $0.5350 per gallon net, f.o.b. Fort Worth; and that the
agreement be effective from date of approval by City Council until expiration one year
later.
Council Member Chappell advised the City Council that a conflict of interest may
exist with Koch Asphalt Company and stated that he would not vote on Mayor and Council
Communication No. P-4183.
Council Member Garrison made a motion, seconded by Mayor Pro tempore Gilley, that
the recommendations, as contained in Mayor and Council Communication No. P-4183, be
adopted. When the motion was put to a vote by the Mayor, it prevailed by the following
vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, McCray, and Webber
NOES: None .
&C P-4187 re There was presented Mayor and Council Communication No. P-4187 from the City
purchas of by drauli Manager submitting a tabulation of bids received for the purchase of hydraulic tools
tools 1-r,A for the Water Department; stating that funds are available in Water and Sewer Operating
Fund 45, Account No. 60-70-07, Index Code 378687; and recommending that the purchase be
made on a low -bid -item basis, meeting City specifications, as follows:
Commercial Body Corp. $6,332.40
U.E.C. Equipment Company 3,472.00
Total $9,804.40 f.o.b. Fort Worth
&C P-4187 adopted It was the consensus of the City Council that the recommendation be adopted.
Minutes of City Council 0-3 Page 439
ABSENT: Council Member Granger
NOT VOTING: Council Member Chappell
&C P-4184 re
purchase agreement
There was presented Mayor and Council Communication No. P-4184 from the City
with Vulcan Signs
Manager submitting a quotation received for a one-year purchase agreement to remove
reflective sheeting for the Transportation and Public Works Department; stating that
funds are available in General Fund 01, Account No. 20-40-02, Index Code 281642; and
recommending that the purchase agreement be authorized with Vulcan Signs on quotation
of $0.427 per square foot, f.o.b. Fort Worth, Texas, with term of agreement to be
effective from date of authorization by City Council and expire one year later. It was
the consensus of the City Council that the recommendations be adopted.
&C P-4185 re
purchase of wooden
There was presented Mayor and Council Communication No. P-4185 from the City
traffic poles
Manager submitting a tabulation of bids received for the purchase of wooden traffic
poles for the Transportation and Public Works Department; stating that purchases will
be charged to General Fund 01, Inventory Subsidiary Account No. 141-000273; and
recommending that the purchase be made from Conroe Creosoting Company on its bid of
$7,700.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the
recommendation be adopted.
&C P-4186 re
There was presented Mayor and Council Communication No. P-4186 from the City
purchase agreement
Manager stating that a one-year purchase agreement was authorized by City Council on
for purchase of
May 30, 1989, by Mayor and Council Communication No. P-3550 to provide manufacturers
genuine Asplundh
replacement parts with Asplundh Manufacturing Division; that the award of a purchase
replacements parts
agreement for these repair parts on an "as needed" basis reduces the required volume of
parts inventory and reduces equipment downtime; that no guarantee has been made that a
specific quantity of goods or services will be purchased; 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 renewal of a purchase
agreement for the purchase of genuine Asplundh replacement parts with Asplundh
Manufacturing Division of E1 Monte, California on quotation of unit price at
manufacturer's suggested list price net, f.o.b. Chalfont, Pennsylvania; that all City
departments be authorized to participate in the agreement,. if needed; with term of
agreement to begin May 30, 1990, and end one year later. It was the consensus of the
City Council that the recommendations be adopted. -
&C P-4187 re There was presented Mayor and Council Communication No. P-4187 from the City
purchas of by drauli Manager submitting a tabulation of bids received for the purchase of hydraulic tools
tools 1-r,A for the Water Department; stating that funds are available in Water and Sewer Operating
Fund 45, Account No. 60-70-07, Index Code 378687; and recommending that the purchase be
made on a low -bid -item basis, meeting City specifications, as follows:
Commercial Body Corp. $6,332.40
U.E.C. Equipment Company 3,472.00
Total $9,804.40 f.o.b. Fort Worth
&C P-4187 adopted It was the consensus of the City Council that the recommendation be adopted.
Minutes of City Council 0-3 Page 439
440
M&C P-4188 re There was presented Mayor and Council Communication No. P-4188 from the City
purchase agreement Manager submitting a tabulation of bids received for a purchase agreement with option
with Allied Power for renewal for one year to provide compressor repair services for City departments;
Corporation 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 purchase agreement with one-year option for renewal with Allied Power
Corporation to provide compressor repair services for City departments
on the low bid, as follows:
a. Hourly Rate for Labor $ 43.00/hour
b. Overtime Labor Rate $ 64.50/hour
C. Field Service Rate $380.00 per day
d. Transportation Charges No Charge
from City Site to
Vendor Dock
2. The City Manager, at his discretion, to authorize the one-year renewal
option; and
3. All City departments to participate in this agreement, if needed,
effective from date of authorization until expiration one year later, or
until option for renewal is authorized.
M&C P-4188 adopted It was the consensus of the City Council that the recommendations be adopted.
M&C P-4189 re-- - There was presented Mayor and Council Communication No. P-4189 from the City
purchase agreement Manager submitting a tabulation of bids received for a purchase agreement to furnish
with Anthony Truck top soil to various City departments; stating that budgeted funds are sufficient to
in9 cover the anticipated expenditure by each department participating in this agreement;
and recommending that the purchase agreement be authorized with Anthony Trucking on its
low bid, meeting specifications, of $3.25 per cubic yard; that the agreement period
begin the date of authorization by City Council and end one year later; and that all
City departments be authorized to participate in the agreement, if needed. It was the
consensus of the City Council that the recommendations be adopted.
M&C P-4190 re There was presented Mayor and Council Communication No. P-4190 from the City
purchase of one Manager -submitting a tabulation of bids received for the purchase of one 46.0 GVWR
46.0 GVWR aerial. aerial truck for the Transportation and Public Works Department; stating that funds are
truck available in General Fund 01, Account No. 20-45-01, Index Code 282590; and recommending
that the purchase be made from Southwest International on its low bid, meeting City
specifications, of $113,985.91 net, f.o.b. Fort Worth. It was the consensus of the
City Council that the recommendation be adopted.
M&C P-4191 re There was presented Mayor and Council Communication No. P-4191 from the City.
purchase of three Manager submitting a tabulation of bids received for the purchase of three heavy duty
heavy duty trucks trucks for various City departments; stating that funds are available in General
cont. for one week Fund 01, Account Nos. 20-45-01, 20-45-02, and 80-20-80, Index Codes 282590, 283143, and
305151, respectively; and recommending that the City Council authorize purchase from
Metro Ford Truck Sales on its low bid, meeting City specifications, not to exceed
$252,656.00 net, f.o.b. Fort Worth. Council Member Garrison made a motion, seconded by
Council Member McCray, that the recommendation, as contained in Mayor and Council
Communication No. P-4191, be adopted.
Mr. Rick Blake re
Mr. Rick Blake, representing Coastal Equipment, appeared before the City Council
M&C P-4191
and requested that the City Council review the specification requirements for the heavy
duty trucks for various City departments and requested that this Mayor and Council
Communication be resubmitted with a new recommendation awarding Item No. 2 to Coastal
Equipment Company .
Mr. Ben Allen sed
Mr. Ben.Allen, Purchasing Director, and Mr. Art Ochoa, Assistant Purchasing
Mt C Ar41®ghoa
Director, appeared before the City Council and advised the City Council that Equipment
re M&C P-4191
Services Division did not concur with changing the recommendation and awarding the bid
to Coastal Equipment Company.
Council Member Chappell made -a substitute motion, seconded by Council Member
Zapata, that consideration of Mayor and Council Communication No. P-4191 be continued
for one week. When the substitute motion was put to a vote by the Mayor, it prevailed
unanimously.
M&C L-10073 re
There was presented Mayor and Council Communication No. L-10073 from the City
acquisition of
Manager recommending that the City pay a total consideration of $1,000.00 for a
construction ease -
construction easement out of Tract 45B, Block 45, Shelby County School Land Survey,
ment
Abstract No. 1375; located at 7513 Anglin Drive; owned by Agnes M. Jeffreys,
individually and as independent executrix of the Estate of Jim F. Jeffreys, deceased;
required for Modification Two/Southeast Landfill Site. It was the consensus of the
City Council that the easement be acquired as recommended and that the expenditure be
charged to City Landfill Improvements Fund 32, Project No. 001100-00, Index Code
682096.
Minutes of City Council 0-3 Page 440
441L
TUESDAY, APRIL 10, 1990
M&C L-10074 re
There was presented Mayor and Council Communication No. L-10074 from the City
acquisition of
Manager recommending that the City pay a total consideration of $300.00 for a permanent
permanent easement
easement five feet in width and 148.7 feet in length adjacent to the east property line
of Lot 3, Block 2, Sycamore Heights Annex Addition, as recorded in Volume 1738,
Page 297, Deed Records, Tarrant County, Texas; located at 3113 Purington Avenue; owned
by Frank Philip Smith; and required for Sanitary Sewer M-40 Replacement Project. It
was the consensus of the City Council that the easement be acquired as recommended and
that the expenditure be charged to Sewer Capital Improvement Fund 58, Project
No. 017100-00, Index Code 698753.
M&C L-10075 re
acquisition of
L-10075 from the Cit
There was presented Mayor and Council Communication No. y
permanent easement
Manager recommending that the City pay a total consideration of $300.00 for a permanent
construction ease-
easement five feet in width and 148.7 feet in length adjacent to the west property line
ment
of Lot 4, Block 2, Sycamore Heights Annex Addition, as recorded in Volume 1738,
Page 297, Deed Records, Tarrant County, Texas; located at 3117 Purington Avenue; owned
by Phillip Dale Hughes and wife; Rhonda Hughes; and required for Sanitary Sewer M-40
Replacement Project. It was the consensus of the City Council that the easement be
acquired as recommended and that the expenditure be charged to Sewer Capital
Improvement Fund 58, Project No. 017100-00, Index Code 698753.
M&C L-10076 re
acquisition of
There was presented Mayor and Council Communication No. L-10076 from the City
right-of-way
Manager recommending that the City pay a total consideration of $100.00 for street
M&C L-10080 re
permanent and tem-
right-of-way out lof the west, boundary of Lot 4, Block 5, Eastland Addition, 4th Filing,
porary easements
as described in Volume 4022, Page 262, Deed Records, Tarrant County, Texas; located at
3713 Village Creek Road; owned by R.B. Rose and Verda J. Rose; and required for
improvement of Village Creek Road. It was the consensus of the City Council that the
right-of-way be acquired as recommended and that the expenditure be charged to Street
Improvements Fund 67, Project No. 040115-00, Index Code 699884.
M&C L-10077 re
There was presented Mayor and Council Communication No. L-10077 from the City
acquisition of
Manager recommending that the City pay a total consideration of $100.00 for a strip of
right-of-way
land from the west property line of Lot 3, Block 5, Eastwood Addition, 4th Filing, as
described in Volume 9022, Page 1448, Deed Records, Tarrant County, Texas; located at
3709 Village Creek Road; owned by Sarah M. Huckaby; and required for improvement of
Village Creek Road. It was the consensus of the City Council that the right-of-way be
acquired as recommended and that the expenditure be charged to Street Improvements
Fund 67, Project No. 040115-00, Index Code 699884. -
M&C L-10078 re
There was presented Mayor and Council Communication No. L-10078 from the City
acquisition of
Manager recommending that the City pay a total consideration of $7,318.00 for an
easement
easement 97.79 feet to 187.4 feet in depth and approximately 769 feet in length
adjacent to the easterly property line of Tract 44A, Block 44, Shelby School Land
Survey, Abstract No. 1375, as recorded in Volume 3321, Page 124, Deed Records, Tarrant
County, Texas; located at 7413 Anglin; owned by Willard E. Hicks and wife, Ella R.
Hicks; and required for Modification Two/Southeast Landfill Site. It was the consensus
of the City Council that the easement be acquired as recommended and that the
expenditure be charged to City Landfill Improvements Fund 32, Project No. 001100-00,
Index Code 682096.
M&C L-10079 re
acquisition of '
.1 1 1. .. : . ,,
There was presented Mayor and Council Communication No. L-10079 from the City
construction ease-
Manager recommending that the City pay a total consideration of $1,880.00 for an
ment
easement ranging from 85.01 feet to 187.4 feet in depth and approximately 776 feet in
length adjacent to the easterly property line of Tracts 44A5 and 405A, Block 44,
Shelby County School Land Survey, Abstract No. 1375, as recorded in Volume 7102,
Page 525, Deed Records, Tarrant County, Texas; located at 7325 Anglin Drive; owned by
Howard L. Ingraham and wife, Beth Ingraham; and required for Modification Two/Southeast
Landfill Site. It was the consensus of the City Council that the easement be acquired
as recommended and that the expenditure be•charged to City Landfill Improvements
Fund 32, Project No. 001100-00, Index Code 682096._
M&C L-10080 re
permanent and tem-
There was presented Mayor and Council.Communication No. L-10080 from the City
porary easements
Manager, as follows: -
SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS (2
TRANSACTIONS)
RECOMMENDATION:
It is recommended that approval be given for the acquisition of the land
and/or easements described below:
1. Project Name: Sun Country Elevated Tank and Transmission
Type of Acquisition: Dedication/Permanent Water Line Easements and
Temporary Construction Easements
i
i
Description of Land:
Permanent Water Line Easement (Parcels #3 and #4) - An irregularly
shaped strip of land 30 feet in width and approximately 12,213.42 feet
in length out of Tracts 1 and 4 of the A. Castillo Survey, Abstract
#972, R. J. Ware Survey, Abstract #2008 and the J. J. Albirado Survey,
Abstract #4, as recorded in Volume 9133, Page 1021, Deed Records,
Minutes of City Council 0-3 Page 441
442
TUESDAY, APRIL 10, 1990
M&C L-10080 cont. Tarrant County, Texas. This strip of land is located south of Columbus
Trail and the 8300 block of Cleburne Road containing 336,373 square feet
of land as required for permanent water line easement.
Temporary Construction Easements for Parcels #3 and #4 - An irregularly
shaped strip of land 80 feet in width and approximately 12,213.43 feet
in length, out of the same tracts of land as the above described
permanent easement and being adjacent and contiguous to the above
described permanent easements, containing 990,116 square feet of land as
required for temporary construction easement.
Temporary Construction Easement #2 for Parcel #4 - A square shaped strip
of land being 150 feet by 150 feet out of the J. J. Albirado Survey,
Abstract #4, as recorded in Volume 9177, Page 1329, Deed Records,
Tarrant County, Texas. This strip of land is located south of the tank
site and north of Stuart -Phelps Road, containing 22,499 square feet of
land as required for temporary construction easement.
Square Feet: #3 - Permanent Easement - 182,468 sq. ft.
Temporary Construction Esmt. - 491,753 sq. ft.
#4 - Permanent Easement - 153,905 sq. ft.
Temporary Construction Esmt. - 498,363 sq. ft.
Temporary Construction Esmt. #2 - 22,499 sq. ft.
Zoning: "AG" Agricultural
Parcel Nos.: 3 and 4
Consideration: $1.00
Location: 8300 Block of West Cleburne Road
Owner: Southwest Savings Association
Financing: Sufficient funds are available in Water Capital Improvements
Fund 83, Project No. 014006-00, Thirty -Six Inch Connection to Sun
Country, Land Acquisition. This expenditure will be made from Index
Code 698738.
Land Agent: Frances Sargeant
2. Project Name: Sun Country Elevated Tank and Transmission
Type of Acquisition: Permanent Water Line Easement and Temporary
Construction Easement
Description of Land:
Permanent Water Line Easement - A rectangularly shaped .strip of land 15
feet in width and 20.16 feet in length out of Tract 4 of the J. Korticky
Survey, Abstract #914, as recorded in Volume 8439, Page 1521, Deed
Records, Tarrant County, Texas. This strip of land is located on the
east side of the division line of the J. J. Albirado Survey, Abstract #4
and the west center line of the J. Korticky Survey, Abstract #914,
containing, 305 square feet of land as required for a water line
easement.
Temporary Construction Easement - A rectangularly shaped strip of land
15 feet in width and 25 feet in length out of the same tract as the
-above permanent easement located adjacent to and parallel to the above
described permanent easement, containing 375 square feet of land as
required for a temporary construction easement.
Square Feet: Permanent - 305 sq. ft.
Temporary Construction - 375 sq. ft.
11 Zoning: "AG" Agricultural
Description of Improvements: None in the taking
Parcel No.: 5
Consideration: $1.00
Location: 10200 Block of Stuart -Phelps Road
Owner: John Q. Melcher, Robert L. Melcher and Charles L. Melcher
I
Financing: Sufficient funds are available in Water Capital Improvements
Fund 83, Project No. 014006-00, Thirty -Six Inch Connection to Sun
Country, Land Acquisition. This expenditure will be made from Index
Code 698738.
Land Agent: Frances Sargeant
Minutes of City Council 0-3 Page 442
443
TUESDAY, APRIL 10, 1990
M&C L-10080 cont. It was the consensus of the City Council that the recommendations, as contained in
and adopted Mayor and Council Communication No. L-10080, be adopted.
M&C C-12260 re There was presented Mayor and Council Communication No. C-12260, Award of Contract
denied to LEM Construction Company for the Construction of Eagle Mountain Water Treatment
Plant. Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell,
that the recommendation contained in Mayor and Council Communication No. C-12260, be
denied. When the motion was put to a vote by the Mayor, it prevailed unanimously.
M&C C-12260 (re- ;_
vised) There was presented Mayor and Council Communication No. C-12260 (Revised) from the
contract with LEM City Manager submitting a tabulation of bids received for the construction of the Eagle
Construction, Inc. Mountain Water Treatment Plant; stating that the project will be funded through
Commercial Paper, Fund 77, Index Code 677872; and recommending that the City Manager be
authorized forexecute a construction contract with LEM Construction, Inc., for the
Eagle Mountain Water Treatment Plant on its low bid of $24,535,198.00. On motion of
Mayor Pro tempore Gilley, seconded by Council Member Chappell, the recommendation was
adopted.
M&C C-12268 re
contract with There was presented Mayor and Council Communication No. C-12268 from the City
Gerry Curtis Assoc Manager stating that the City of Fort Worth purchased property from Tarrant County in
Inc. order to add a medical clinic to the Worth Heights Multi -Purpose Center; that, after
the platting was complete, Tarrant County conveyed the parking lot around the Center to
the City; that, in order to obtain a building permit, the entire MPC area must be
platted; that Gerry Curtis has agreed to perform this service for an amount not to
exceed $350.00; stating that funds are available in Fund 76, Project No. 206084-34,
Index Code 699702; and recommending that the City Manager be authorized to execute a
contract with Gerry Curtis Associates, Inc., for the preparation of a replat of the
Worth Heights Multi -Purpose Center in an amount not to exceed $350.00. It was the
consensus of the City Council that the recommendation be adopted.
M&C C-12269 re
lease amendment
There was presented Mayor and Council Communication No. C-12269 from the City
with Bobbie Jo and
Manager stating that Laurent and Bobbie Jo Jacquelin, as individuals, and Pegasus
Laurent jacquelin.
Flight Center, Inc., City Secretary Contract No. 17101, lease 102 square feet of
that a contract is
basement space in the Meacham Airport Terminal Building; that the term of the most
ment with Rone
recent extension began on March 1, 1990, and will end on February 28, 1991; that
exploration of
Pegasus seeks to amend the lease to add 491 square feet of space in order to enlarge
Engineers, Inc.
its storage area; that the additional revenue is $2,661.22; and recommending that the
methods and pipe materials to be utilized; that Rone
City Manager be authorized to enter into a lease amendment with Bobbie Jo and Laurent
Engineers, in
Jacquelin, as individuals, and Pegasus Flight Center, Inc., for storage space in the
above -stated services, will provide the geotechnical
basement of the Meacham Airport Terminal. It was the consensus of the City Council
that the recommendation be adopted.
M&C C-12270 re
non-exclusive rent
There was presented Mayor and Council Communication No. C-12270 from the City
a -car concession
Manager stating that Consolidated Rent-A-Car, under City Secretary Contract No. 17251,
agreement
holds a concession agreement to operate a rental car service at Meacham Airport; that
Mr. Ron Walker, president of Consolidated Rent-A-Car, now seeks the right to provide
auto rental service at Spinks and Alliance Airports; that, during the term of the
non-exclusive, concession agreement, beginning March 1, 1990, and ending February 28,
1991, Consolidated will pay to the City of Fort Worth ten percent of the gross revenue
derived from sales at each airport; and recommending that the City Manager be
M&C C-12271 adopte
authorized to enter. into a non-exclusive rent -a -car concession agreement with
Consolidated Rent-A-Car for service at Fort Worth Spinks and Alliance Airports. It was
the consensus of the City Council that the recommendations be adopted.
M&C C-12271 re
engineering agree-
There was presented Mayor and Council Communication No. C-12271 from the City
ment with Carter
Manager stating that the Water Department has been in the process of upgrading and
and Burgess, Inc.
installing additional customer city sewer meters; that among the cities remaining to be
that a contract is
metered are Benbrook, Edgecliff Village, Everman, Forest Hills, Lake Worth, and Sansom
ment with Rone
Park; that the City of Everman has decided to proceed on its own and has hired an
exploration of
engineer to design the four meter stations required for that city; that Carter and
Engineers, Inc.
Burgess, Inc., has proposed to design the meters for Forest Hills and Edgecliff Village
methods and pipe materials to be utilized; that Rone
and some additional piping to reduce the number of meters required; that Carter and
Engineers, in
Burgess, Inc., also will monitor flow, prepare a preliminary design report, and design
above -stated services, will provide the geotechnical
plans to construct three sewer meter stations each for Forest Hills and Edgecliff
Village; and recommending that the City Council:
1. Authorize bond fund transfer in the amount of $139,130.00 from Sewer
Capital Improvement Fund 54, Project No. 014901-00, Unspecified to Sewer
Capital Improvement Fund 54, Project No. 022003-00, Engineering
Agreement C and B, Meter Stations; and
2. Authorize the City Manager to execute an engineering agreement with
Carter and Burgess, Inc., for plans and specifications for sanitary
sewer meter stations for cities of Forest Hills and Edgecliff Village
for a total fee not to exceed $139,130.00.
M&C C-12271 adopte
It was the consensus of the City Council that the recommendation be adopted.
M&C C-12272 re
There was
presented Mayor
and Council Communication No. C-12272 from the City
engineering agree-
Manager stating
that a contract is
executed with a soils testing laboratory annually to
ment with Rone
perform needed
exploration of
underground water and sanitary sewer lines to determine
Engineers, Inc.
conditions affecting construction
methods and pipe materials to be utilized; that Rone
Engineers, in
addition to the
above -stated services, will provide the geotechnical
Minutes of City Council 0-3 Page 443
444
TUESDAY, APRIL 10, 1990
M&C C-12272 cont. services necessary to develop safe and practical trench safety systems, and provide the
development of trench safety plans; that the plan will meet the requirement of the new
state legislation and OSHA requirements; that the contract will have a term beginning
April 1, 1990, and ending April 1, 1991; that all borings and laboratory tests will be
requested through the Water Department Engineering Division on an "as needed" basis;
and recommending that the City Council:
1. Authorize a bond fund transfer in the amount of $12,390.00 from Water
Capital Improvement Fund 09, Project No. 015901-00, Unspecified to Water
Capital Improvement Fund 09, Project No. 022001-00, Annual Test Boring;
2. Authorize a bond fund transfer in the amount of $24,780.00 from Sewer
Capital Improvement Fund 08, Project No. 013901-00, Unspecified to Sewer
Capital Improvement Fund 08, Project No. 022001-00, Annual Test Boring;
and
3. Authorize the City Manager to execute an engineering agreement with Rone
Engineers, Inc., to perform test borings, foundation exploration and
soil engineering services for water, and sanitary sewer projects on an
"as needed" basis, for a period of one year in an amount not to exceed
$37,170.00.
M&C C-12272 adopted It was the consensus of the City Council that the recommendations be adopted.
M&C C-12273 re There was presented Mayor and Council Communication No-. C-12273 from the City
contract with Manager submitting a tabulation of bids received for a contract for construction of
Weldon Mechanical Auxiliary Heating for Digesters, Phase IV -C at the Village Creek Wastewater Treatment
Plant; and recommending that the City Manager be authorized to execute a contract with
Weldon Mechanical for construction of the Auxiliary Heating for Digesters, Phase IV -C
at Village Creek Wastewater Treatment Plant on its low bid of $153,845.00. It was the
consensus of the City Council that the recommendation be adopted.
M&C C-12274 re There was presented Mayor and Council Communication No. C-12274 from the City
contract with Manager, as follows:
APAC-Texas, Inc.
SUBJECT CHANGE ORDER NO. 5 ALLIANCE AIRPORT (HERITAGE PARKWAY AND ALLIANCE
BOULEVARD)
RECOMMENDATION:
It is recommended that the City Council approve Change Order No. 5 in the
amount of $80,933.20 and 30 additional calendar days and authorize the City
Manager to increase City Secretary Contract No. 17090 with APAC-Texas, Inc.,
to $3,174,964.38 and 280 calendar days to construct portions of Heritage
Parkway and Alliance Boulevard at Alliance Airport.
BACKGROUND:•
On May 9, 1989 (M&C C-11630), the City Council awarded a contract in the
amount of $2,815,881.49 to APAC-Texas, Inc., to construct portions of
Heritage Parkway and Alliance Boulevard at Alliance Airport. This contract
was assigned City Secretary Contract No. 17090. Through approval of Change
Orders No. 1 through 4, the contract amount has been increased to
$3,094,031.18.
PROPOSED CHANGE ORDER NO. 5:
The Perot Group now desires to install enhanced pavement at the entrance to
the airport. This will require specialized work with a logo placed in the
concrete. The Perot Group has agreed to pay the difference in the cost above
that of non-enhanced pavement for a total additional cost of $11,170.30. In
addition, the Perot Group desires to erect four brick pilasters at the
multiple box culverts on Heritage Parkway at a.cost of $9,000.00, for a total
cost of $20,170.30 to the Perot Group.
To provide for a future street to be constructed north of Alliance Boulevard,
it has been determined that it would be more economical to increase an 89'
long triple 10'x6' box culvert by an additional 89 linear feet with
handrails, wing walls, and the additional 72" RCP necessary to complete the
project. The City would be responsible for this revision at a cost of
$60,762.90.
The contractor has agreed to accomplish this additional work for a total of
$80,933.20 and 30 additional calendar days. Engineering staff has reviewed
this proposal and finds the costs to be fair and reasonable.
PROJECT COST AND FINANCING:
Original Contract Amount $2,815,881.49
Approved Change Order Nos. 1 through 4 278,149.69
Proposed Change Order No. 5 80,933.20
Proposed Contract Amount 3,174,964.38
Minutes of City Council 0-3 Page 444
445
TUESDAY, APRIL 10, 1990
M&C C-12274 cont. Ap-proval of this proposed Change Order combined with previously approved
Change Orders would result in a total contract increase of 12.8%.
FINANCING:
Payment in the amount of $20,170.30 has been received from the Perot Group
and deposited in Project No. 90-136079-00, Northport Addition to finance
their share of the proposed Change Order. Funds of $60,762.90 are available
in Alliance Airport Fund 49, Project No, 136114-00, Heritage Parkway, to
finance the City's share of this Change Order. Expenditures will be made
from Index Codes 621458 and 668350 respectively.
It was the consensus of the City Council that the recommendation, as contained in Mayor
M&C C-12274 adopte and Council Communication No. C-12274, be adopted.
M&C C-12275 re
There was presented Mayor and Council Communication No. C-12275 from the City
grant and contract
Manager stating that the Texas State Library and Archives Commission proposes to grant
with Texas State
$295,016.00 to the North Texas Library System to provide a variety of library services
Library and `r i.e
to 59 public libraries in a 21 -county area; that the Fort Worth Public Library is the
Archives Commissio
"Major Resource Center" for the system; that the grant will. continue a program of
agreement leasing
training, counseling, library materials and film and videocassette services for the
a portion of
27th year to NTLS member libraries; and recommending that the City Council authorize
Marine Park to the
the City Manager to:
Boys and Girls of
1. Apply for and, if offered, accept a grant in the amount of $295,016.00
Greater Fort Worth
to fund the North Texas Library System (NTLS) for FY 1991 (September 1,
1990 - August 1991);
2. Execute a grant contract with the Texas State Library and Archives
Commission, the grantor agency, on behalf of the North Texas Library
System; and
3. Apply indirect cost in accordance with the City's Administrative
Regulation 3-15 (apply the 1989 rate of 33.78 percent which represents
the most recent approved rate for this department).
M&C C-12275 adopted
It was the consensus of the City Council that the recommendations be adopted.
M&C C-12276 re
There was presented Mayor and Council Communication No. C-12276 from the City
grant and contract
Manager stating that the Texas State Library and Archives Commission proposes to grant
with Texas State
$540,612.00 to the North Texas Library System to provide a variety of library services
Library and
to 59 public libraries in a 21 -county area; that the Fort Worth Public Library is the
Archives Commission
"Major Resource Center" for the system; that the grant will continue a program of
training, counseling, library materials and film and videocassette services for the
17th year to NTLS member libraries; and recommending that the City Council authorize
the City Manager to:
1. Apply for and, if offered, accept a grant in the amount of $540,612.00
to fund the North Texas Library System (NTLS) for FY 1991 (September 1,
1990 - August, 1991);
2. Execute a grant contract with the Texas State Library and Archives
Commission, the grantor agency,_ on behalf of the North Texas Library
System; and
Minutes of City Council 0-3 Page 445
3. Apply indirect cost in accordance with the City's Administrative
Regulation 3-15 (apply the 1989 rate of 33.78 percent which represents
the most recent approved rate for this department).
M&C, C-12276 adopted
It was the consensus of the City Council that the recommendations be adopted.
M&C C-12277 re
There was presented Mayor and Council Communication No. C-12277 from the City
agreement leasing
Manager stating that the traditional Cinco de Mayo fiesta celebrates the victory of the
a portion of
Mexicans against the French Army at Puebla on May 5, 1862; that the Boys Club of Fort
Marine Park to the
Worth and the Panther Boys Club have been merged to become the Boys and Girls Club of
Boys and Girls of
Greater Fort Worth, Inc., a United Way agency; that the Boys and Girls Club of Greater
Greater Fort Worth
Fort Worth has requested to use a portion of Marine Park and the adjacent traffic
island at Houston and Northwest 15th Streets for the 1990 Cinco de Mayo Celebration to
be held on April 27, 28 and 29, 1990, until no later than midnight each day; that the
property use would be from April 23 through April 30, 1990, for set-up and clean-up;
that the Club would pay the adopted fees of $1,500.00 plus ten percent of admission
fees, plus adopted fees for use of festival equipment such as stages and ticket booths;
that the Club has requested that the Park and Recreation Department be co-sponsor of
the event by waiving the ten percent fee on sales of concession items and by promoting
this major Hispanic cultural event with announcements in its newsletter and recreation
centers; that the requested waiver is consistent with the recommendations regarding
similar festivals at which concessions are provided by community volunteer
organizations; and recommending that the City Manager be authorized to execute an
agreement leasing a portion of Marine Park to the Boys and Girls Club of Greater Fort
Worth from April 23 through April 30, 1990, for the purpose of a Cinco de Mayo
Celebration for a fee of $1,500.00 plus ten percent of admission fees to the event, and
waive the collection of the ten percent fee on sale of concession items. It was the
consensus of the City Council that the recommendation be adopted.
Minutes of City Council 0-3 Page 445
446
TUESDAY, APRIL 10, 1990
M&C C-12278
There was presented Mayor and Council Communication No. C-12278 from the City
re'
Manager stating that Marine Park has been the site of the annual Mexican Independence
agreement leasing
Day Fiesta sponsored by All Saints Catholic Church; that All Saints Catholic Church has
portion of Marine
requested to renew the lease of a portion of Marine Park and the adjacent traffic
Park to All
island at Houston and Northwest 15th Streets for the 16 de Septiembre Fiesta to be held
Saints Catholic
on September 14, 15, and 16, 1990, with lease dates of September 10 through
Church
September 17, 1990, for set-up and clean-up; that admission fees would not exceed $5.00
per person and there would be discounts or free admission for senior citizens and
children; that All Saints Catholic Church would pay the adopted fees of $1,500.00 plus
ten percent of admission fees, plus adopted fees for use of festival equipment such as
stages and ticket booths; that All Saints Catholic Church has requested that the Park
and Recreation Department be co-sponsor of the event by waiving the ten percent fee on
sales of concession items and by promoting this major Hispanic cultural event with
announcements in its newsletter and recreation centers; that the requested waiver is
consistent with the recommendations regarding similar festivals at which concessions
are provided by community volunteer organizations; and recommending that the City
Manager be authorized to execute an agreement leasing a portion of Marine Park to the
All Saints Catholic Church from September 10 through September 17, 1990, for the
purpose of a Mexican Independence Day Fiesta for a fee of $1,500.00 plus ten percent of
admission fees to the event, and waive the collection of the ten percent fee on sale of
concession items. It was the consensus of the -City Council that the recommendation be
adopted.
M&C C-12279 re There was presented Mayor and Council Communication No. C-12279 from the City
contract with Manager stating that Kolade Sunday Omopariola, d/b/a Alliance Shuttle Service, made
Kolade Sunday application to the City Council in a letter dated January 30, 1990, for a privilege and
Omopariola, dba license to provide charter van service within the City of Fort Worth; that the term of
the proposed grant of privilege is one year and may be renewed for an additional
Alliance Shuttle
Service one-year period upon submission and approval of Mr. Omopariola's application; that the
City's standard street rental fee is $500.00 per year, payable in advance of the
contract year; that a contract has been prepared which provides that Alliance Shuttle
Service will assume all responsibility and liability for damages and injuries resulting
from its operations; that proof of public liability insurance in the amount of
$500,000.00 will be required; and recommending that the City Manager be authorized to
execute a contract granting Kolade Sunday Omopariola, d/b/a Alliance Shuttle Service,
the privilege to operate a charter van service in Fort Worth for a period of one year,
beginning upon execution of the contract, with an option to renew for an additional
term of one year. It was the consensus of the City Council that the recommendation be
adopted.
Zoning Hearing It appearing to the City Council that Resolution No. 1513 was adopted by the City
Council on March 20, 1990, setting today as the date for hearing in connection with
recommended changes and amendments to Zoning Ordinance No. 3011, and that due notice of
the hearing has been given by publication in the Fort Worth Commercial Recorder, the
official newspaper of the City of Fort Worth, Mayor Bolen asked if there was anyone
present desiring to be heard.
There being no one present desiring to be heard in connection with recommended
changes and amendments to Zoning Ordinance No. 3011, Council Member Garrison made a
motion, seconded by Council Member McCray, that the hearing be closed and that the
recommended changes in zoning, be approved, as follows:
Z-90-4 Z-90-4 JUAN GUTIERREZ
2708 Refugio Avenue (725 Cliff Street)
"E" Commercial to "PD/SU" Planned, Development/Specific Use
permitting all of the uses permitted in the "E" Commercial Zone and
a warehouse for the storing of construction tools and equipment,
contractors storage area (outdoors) with a minimum 6' screen fence,
parking for construction vehicles and trailers (all in accordance
with site plan presented); site plan required
Z-90-25 Z-90-25 MR. JEWEL FULLER
5411 Turner Street
"E" Commercial to "F -R" Restricted Commercial
Z-90-26 Z-90-26 ALVIN E. EDDINS
8305 Highway 8OW and 3407 Slade Boulevard
"E" Commercial to "F -R" Restricted Commercial
Z-90-28 Z-90-28 J. SCOTT TINDALL by Growald Architects
604 East 4th Street
"J" Light Industrial to "J/HC" Light Industrial/Historic and
Cultural Subdistrict
Z-90-29 11 Z-90-29 ZONING ORDINANCE TEXT AMENDMENT
An Ordinance amending the Comprehensive Zoning Ordinance of the
City of Fort Worth, being Ordinance No. 3011, as amended, Codified
as Appendix "A" of the Code of the City of Fort Worth (1986), as
amended, by amending Section 27 thereof by providing for a maximum
Minutes of City Council 0-3 Page 446
447
TUESDAY, APRIL 10, 1990
Z-90-29 cont. fine of two thousand ($2,000.00) for any violation of the
comprehensive zoning ordinance; providing that this ordinance is
cumulative of all ordinances; providing a severability clause;
providing for publication in pamphlet form; providing for
engrossment and enrollment; providing for publication; and
providing an effective date
Z-90-31 Z-90-31 THE FORT WORTH HAND REHABILITATION CENTER by Petrelli*Architect
815, 819, 821 West leuda Street
"C -F" Community Facilities to "E" Commercial
Z-90-33 Z-90-33 MARION H. STEPTOE
2805 and 2809 East Rosedale Street
"E" Commercial to "F -R" Restricted Commercial
Z-90-34
Z-90-34 FIRST FEDERAL SAVINGS AND LOAN OF ROCKFORD/FDIC by James W. Schell
Lone Star Shopping Center, 6645 McCart Street ..
"E" Commercial to "PD/SU" Planned Development/Specific Use for all
uses allowed in "E" Commercial District as well as a bingo
facilities excepting the sale of alcoholic beverages for both off
and on -premise consumption; waiver of site plan requested
When the motion was put to a vote by the Mayor, it prevailed unanimously.
Z-90-16
Council Member McCray made a motion, seconded by Council Member Chappell, that the
recommendation of the City Zoning Commission for denial of the application of Ernest
McGhee, Jr., for a change in zoning of property located at 3600 East Berry Street from
"E" Commercial to "I" Light Industrial, Zoning Docket No.. Z-90-016, be upheld. When
the motion was put to a vote by the Mayor, it prevailed unanimously.
Z-90-24
Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that
the recommendations of the City Zoning Commission for denial of the Zoning Ordinance
Text Amendment, by adding a new sub -paragraph (41) to Section 20, Board of Adjustment,
Paragraph (C), authorized Special Exceptions, to permit the Board to grant Special
Exceptions for carports in front yard setbacks in accordance with certain criteria;
legalizing certain nonconforming carports; providing that this ordinance is cumulative
of all ordinance, providing a severability clause; providing a penalty clause;
providing for publication in pamphlet form; providing for engrossment and enrollment;
providing for publication in the official newspaper; and naming an effective date,
Zoning Docket No. Z-90-024, be upheld.
Mayor Pro tempore Gilley proposed that the City Council develop a policy that
would permit for one year from this date people who currently have carports to go
before the Board of Adjustment and obtain a variance and, after the one-year period,
those individuals who have not received a variance be subject to the enforcement of the
front yard ordinance.
City Attorney Adkins advised City Council that, for there to be a variance
granted, it would have to be some type of hardship that is not caused by the owner of
the property.
Mr. Roy Grigsby
Mr. Roy Grigsby, 5433 Durham Avenue, appeared before the City Council and
re Z-90-24
submitted cards to the City Council in support of citizens interested in legally
building a carport that would extend in front of the front yard setback; submitted a
letter from Ms. Kay Day in support of adding carports to properties located in the
Sunset Acres Addition; correspondence from Mr. Bill Minelli, Real Estate agent,
advising City Council that the property value increases when a carport is added to the
property; and submitted correspondence from Mr. William E. Roberts, Chief Appraiser of
the Tarrant Appraisal District, confirming that a carport contributes to the fair
market value of the property.
At this time, Mayor Bolen excused himself from the Council table and Mayor Pro
tempore Gilley assumed his chair.
Mrs. Marty Craddoc
Mrs. Marty Craddock, 1303 Foch Street, representing the Board of Trustees of the
re Z-90-24
Historic Preservation Council for Tarrant County, appeared before the City Council and
expressed opposition to the proposed zoning text change and urged the City Council to
protect the sense of open space and continuity of Streetscape in the neighborhoods.
Ms. Margaret Mc-
Ms. Margaret McGlynn, 4121 Bunting, appeared before the City Council and expressed
Glynn re Z-90-24
opposition to the zoning text amendment to allow carports in front yards and expressed
opposition to permitting individuals who have built carports prior to January 19, 1989,
receiving a variance.
Ms. Anne Smith re Ms. Ann Smith, 6116 Ridgway, representing the Fort Worth League of Neighborhood
Z-90-24 Associations and representing that Westside Neighborhood Association, appeared before
the City Council and expressed opposition to the proposed zoning ordinance text
amendment allowing special exceptions to permit the Board of Adjustment to grant
special exceptions for carports in front yard setbacks and presented a letter from
Sharon Casstevens, Chairman of the Fort Worth League of Neighborhood Association in
Minutes of City Council 0-3 Page 447
448
TUESDAY, APRIL 10, 1990
Ms. Anne Smith opposition to the proposed zoning ordinance text amendment and requesting that the City
cont. Council uphold the recommendation of the Zoning Commission for denial.
Ms. Ellen G. Ms. Ellen G. Oppenheim, 2412 Eldridge Street, appeared before the City Council and
Oppenheim re expressed opposition to the proposed zoning ordinance text amendment allowing carports
Z-90-24 in front yard setbacks and urged the City Council to preserve the neighborhoods.
City Manager Ivory advised the City Council that, under the present ordinance,
Mr. Grigsby would be in direct violation.
When the motion, that the recommendation of the City Zoning Commission for denial
of the application of Zoning Ordinance Text Amendment, by adding a new sub -paragraph
(41) to Section 20, Board of Adjustment, Paragraph (C), authorized Special Exceptions,
to permit the Board to grant Special Exceptions for carports in front yard setbacks in
accordance with certain criteria; legalizing certain nonconforming carports; providing
that this ordinance is cumulative of all ordinances; providing a severability clause;
providing a penalty clause; providing for publication in pamphlet form; providing for
engrossment and enrollment; providing for publication in the official newspaper; and
naming an effective date, Zoning Docket No. Z-90-024, be upheld, was put to a vote by
the Mayor Pro tempore, it prevailed by the following vote:
AYES: Mayor Pro tempore Gilley; Council Members Zapata, Garrison,
McCray, Webber, and Chappell
NOES: None
ABSENT: Mayor Bolen and Council Member Granger
At this time, Mayor Bolen assumed his place at the Council table.
Council Member Zapata excused himself from the Council table at this time.
Introduced an
Ordinance Mayor Pro tempore Gilley 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; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, McCray, Webber,.and Chappell
NOES: None
ABSENT: Council Member Granger
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10567
10567 AN ORDINANCE AMENDING ORDINANCE N0. 3011, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE, CODIFIED AS APPENDIX "A" OF THE
CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY AMENDING
SECTION 27 THEREOF BY PROVIDING FOR A MAXIMUM FINE OF TWO THOUSAND
DOLLARS ($2,000.00) FOR ANY VIOLATION OF THE COMPREHENSIVE ZONING
ORDINANCE; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION IN PAMPHLET FORM; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That Ordinance No. 3011, as amended, is hereby amended by revising
Section 27 thereof to read as follows:
"Section 27. Enforcement,.legal procedure, penalties.
"It shall be the duty of the City Manager, through the proper
department, to enforce this ordinance."
"Any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement of any
of the provisions of this ordinance shall be fined not more than Two
Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense."
SECTION 7.
That this ordinance shall be in full force and effect from and after the
date of passage and publication as above specified.
Minutes of City Council 0-3 Page 448
I I �
TUESDAY, APRIL 10, 1990
} Council Member Garrison 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; Mayor Pro tempore Gilley;,'Council Members Zapata,
Garrison, Granger, McCray, Webber, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10566
10566
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE
NO. 3011, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND
RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND
FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT,
NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE
SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND
LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES
DIVIDING THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND
AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS
AND SHOWING SUCH DISTRICTS AND THE BOUNDARIES THEREOF UPON
"DISTRICT MAPS"; PROVIDING FOR INTERPRETATION, PURPOSE AND
CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENAL CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF -THE CITY OF FORT WORTH, TEXAS:
SECTION 6.
That any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement of any of
the provisions of this ordinance shall be fined not more than One Thousand
Dollars ($1,000.00) for each offense. Each day that a violation is permitted
to exist shall constitute a separate offense.
Water Capital It appearing to the City Council that Resolution No. 1510 was adopted by the City
Improvements Plan Council on February 27, 1990, setting today as the date for hearing to consider
and Associated adoption of a Water Capital Improvements Plan and associated impact fees, Mayor Bolen
Impact Fees asked if there was anyone present desiring to be heard.
Mr. Richard Sawey Mr. Richard Sawey, Director of the Water Department, appeared before the City
Water Capt. Im- Council regarding background information for the purpose of considering separate
provements and Capital Improvement Plans for water and wastewater pursuant to which an impact fee or
Assoc. Impact Fees fees may be imposed; and advised .the City Council of June 20, 1990, deadline in
complying with State law.
Mr. Carl Wilson re
Mr. Carl Wilson appeared before the City Council and recognized members of the
Water Capt. Im -:
Capital Improvements Plan Advisory Committee and outlined the basis of the committee's
provements Plan
findings previously provided to the City Council. .
and Assoc. Impact
Fees
Mr. Richard Sawey, Director of the Water~ Department, appeared before the City
Council and advised the City Council that the Capital Improvements Plan Advisory
Committee would like to meet with the City Council at the workshop of May 1, 1990, to
go through issues that need to be addressed in an ordinance and requested that the
hearing be recessed until the May 15, 1990, City Council meeting.
Mr. Terry Morgan re
Mr. Terry Morgan, legal consultant on the Impact Fee Project, appeared before City
Water Capt. Im-
Council and advised Council of the relationship of the statute in regard to wastewater
provements Plan ani
capital improvements and their associated cost, which serve new development within the
Assoc. Impact Fees
City's wastewater service areas involving customer cities.
Statement from
Mr. Richard Sawey, Director of the Water Department, appeared before the City
Mr. Greg Dickens,
Council and read into the record a statement left by Mr. Greg Dickens, Director of
Mr. Ron Haynes
Public Works, City of North Richland Hills, and Mr. Ron Haynes, Director of Public
Works, City of Hurst, as follows:
4-10-90
Honorable Mayor & City Council
Greg Dickens, Director of Public Works
City of North Richland Hills
7301 N.E. Loop"820
NRH, TX 76182
Ron Haynes, Director of PW
City of Hurst
1505 Precinct Line Rd.
Hurst, TX 76054
The City of NRH & the City of Hurst
being considered today. We oppose the
level and are concerned with even a
are concerned about the "impact fees"
imposition of these fees at the 100%
50% level of adoption. We also oppose
Minutes of City Council 0-3 Page 449
+0
TUESDAY, APRIL 10, 1990
Minutes of City Council 0-3 Page 450
the concept of an "access fee", being charged to the wholesale customer.
Statements from
cities though it is really an "impact fee".
Mr. Greg Dickens,
and Mr. Ron Haynes
/S/ Gregory J. Dickens
cont.
/S/ Ron Haynes
Council Member Garrison made a motion, seconded by Council Member Zapata, that the
hearing be recessed until the meeting of May 15, 1990. When the motion was put to a
vote by the Mayor, it prevailed unanimously.
The Reverend R".L.
The Reverend R.L. Livingston, 2316 Wyatt Court, appeared before the City Council
Livingston re
regarding the effect of having a City-wide bar zoning ordinance.
City-wide bar
zoning ordinance
Mr. Leroy Baldwin 2921 Lake Como Drive, appeared before the Cit Council and
y
Mr. Leroy Baldwin
presented a p tition to the City Council requesting that the City Council correct the
r e storm water"
problem regarding a deterioratingg open storm sewer drainage easement; an erosion
open space Base-
condition which has been made worse by the large volume of rainwater run-off that has
men is
been channeled through, as a result of the east -west freeway construction. Mr. Baldwin
was advised the matter will be investigated.
Mr. Robert Snoke
Mr. Robert Snoke, 3826 6th Avenue, appeared before the City Council and advised
re Bar Zoning
the City Council of his unhappiness with the process of the bar zoning ordinance and
Ordinance
advised City Council that the Rosemont area still will need to stay on top of the issue
to make sure that it comes before City Council in a timely fashion and advised the City
Council that, in his opinion, the trips that are taken by City Council are not directly
paid for by citizens of Fort Worth, but are paid through the bed tax ordinance.
Met inctlosed or
It was the consensus of the City Council that the City Council meet in closed or
executive session
executive session to receive the advice of its attorney concerning pending litigation
or other matters which are protected from public disclosure, as follows:
(a) James Ray Jones Vs. Kelley M. Caruthers and the City of Fort Worth,
Cause No. 141-125197-90
(b) Legal issues concerning contract with CLSI for automated library system
for Fort Worth Public Library
(c) Legal issues concerning D/FW International Airport expansion
as authorized by Section 2(e), Article 6252-17, V.A.C.S. and to discuss the purchase,
exchange, lease or value of real property in the vicinity of Fort Worth Alliance
Airport as authorized by Section 2(f), Article 6252-17, V.A.C.S., with public
discussion of this matter to have a detrimental effect on the City's negotiating
position as between the City and a third person, firm or corporation and
To receive the advice of its attorney concerning.the following pending
litigation:
PUC Dockets No. 9300/9220, Texas Utilities Electric Company
as authorized by Section 2(e), Article 6252-17, V.A.C.S.
Reconvened into
The City Council reconvened into regular session with seven members present, and
regular session
Council Member Granger absent.
M&C G-8540 re
There was presented Mayor and Council Communication No. G-8540, dated April 3,
payment to Mr.
1990, from the City Manager stating that Mr. James Ray Jones filed a lawsuit against
James Ray Jones
the City of Fort Worth in January 1990 to recover for his injuries received, as the
to effect settle-
result of an automobile accident with a police unit which occurred on March 16, 1989;
ment
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; stating that
funds are available in Property and Casualty Insurance 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 Cause No. 141-125197-90. On motion of Council
Member Zapata, seconded by Council Member Garrison, the recommendation was adopted.
Adjourned
Th re being no further business, the meeting was ' urned.
CITY SECRETARY L MAYOR
Minutes of City Council 0-3 Page 450