HomeMy WebLinkAbout1990/05/08-Minutes-City CouncilCouncil met
Members present
Invocation
Pledge of
Allegiance
Minutes of Special
Meeting May 3,
1990 approved
Minutes of April
10, 1990 approved
Proclamation -
Historic Preserva-
tion Week
Proclamation --
Fort Worth Tourism
Week
CITY COUNCIL MEETING
MAY 8, 1990
On the 8th day of May, A.D., 1990, the City Council of the City of Fort Worth,
Texas, met in regular session, with the following members and officers present, to -wit:
Mayor Bob Bolen; Mayor Pro tempore Garey W. Gilley; Council Members Louis J.
Zapata, William N. Garrison, Kay Granger, Eugene McCray, and David Chappell; City
Manager David Ivory; City Attorney Wade Adkins; City Secretary Ruth Howard; Council
Member Virginia Nell Webber absent; with more than a quorum present, at which time the
following business was transacted: I
The invocation was given by The Reverend M. Gayland Pool, Rector of St. Luke's in
the Meadow Episcopal Church and Eastern Dean of the Diocese of Fort Worth.
The Pledge of Allegiance was recited.
On motion of Mayor Pro tempore Gilley, seconded by Council Member McCray, the
minutes of the regular meeting of May 1, 1990, and the minutes of the special meeting
of May 3, 1990, were approved.
On motion of Mayor Pro tempore Gilley, seconded by Council Member Garrison, the
amended minutes of the meeting of April 10, 1990, were approved.
A proclamation for Historic Preservation Week was presented to Mr. Tom Reynolds,
Chairman of the City of Fort Worth Historic and Cultural Landmark Commission.
A proclamation for Fort Worth Tourism Week was presented to Mr. Douglas Harman,
President and Chief Executive Officer of Fort Worth Convention and Visitors Bureau.
Minutes of City Council 0-3 Page 522
523
Proclamation - A proclamation for National Youth Service Week was presented to the J.P. Elder
National Youth Youth Service Group.
Service Week Mrs. Doris Bennett, at the request of Council Member Chappell, introduced students
Mrs. Doris Bennett from the Rosemont Middle School who have been active in painting over graffiti in the
re Students from Rosemont area.
Rosemont Middle
School Mrs. Marty Craddock introduced three representatives of the Longhorn Council of
Mrs. Marty Craddoc the Boy Scouts of America who are beginning a pilot program with the National Trust and
re representatives
of Longhorn Counci Historic Preservation in honor of National Historic Preservation Week.
of boy Scouts of City Secretary Howard advised the City Council that the official count of the
America ballots cast in the Special City Council Election held on May 5, 1990, was completed on
May 5, 1990, and presented a tabulation of the returns of the election as reported by
the presiding officer of each voting precinct who, upon their oath, stated that the
returns from their respective boxes were true and correct and read the tabulation of
returns, as follows:
MEMBER OF THE CITY COUNCIL - DISTRICT 7 (Unexpired Term)
Jim Wilson
543
Bill Meadows
1,691
of returns of the Special City Council Election held on May 5, 1990, as that Bill
WRITIN-INS
Meadows be declared elected to City Council District 7. When the motion was put to a
Mark Dunham
1
Steve Murrin 1
John Morris
1
Viola Pitts 2
George Kemble
1
John Glover 1
L.D. Blumen
1
My Dog Tiger 1
UNDECLARED WRITE-INS 9
PROPOSAL:
It is proposed that the City of Fort Worth continue to enforce Section 18A,
"Sexually Oriented Businesses," of the Comprehensive Zoning Ordinance.
BACKGROUND. -._
Attached is a copy of Section 18A, "Sexually Oriented Businesses," of the
Comprehensive Zoning Ordinance. Section 18A was adopted by City Council on
December 9, 1986, and establishes regulations to prevent the continued
concentration of sexually oriented businesses with the city.
In 1987, R.B. Williams, City Vending, Inc., and B.R. Management Corporation
filed suit against the city in the 48th District Court of Tarrant County
Minutes of City Council 0-3 Page 523
Council Member Chappell made a motion, seconded by Mayor Pro tempore Gilley, that
the City Council find correct and adopt as the returns of the election the tabulation
of returns of the Special City Council Election held on May 5, 1990, as that Bill
Meadows be declared elected to City Council District 7. When the motion was put to a
vote by the Mayor, it prevailed unanimously.
Withdrew M&C G-
Mayor Bolen requested that Mayor and Council Communication No. G-8589 be withdrawn
8589
from the consent agenda.
Withdrew M&C C-
Council Member Chappell requested that Mayor and Council Communication No. C-12315
12315
be withdrawn from the consent agenda.
Withdrew M&C Nos.
Mayor Pro tempore Gilley requested that Mayor and Council Communication
L-10096, C-12309
Nos. L-10096 and C-12309 be withdrawn from the consent agenda.
Withdrew M&C Nos.
City Manager Ivory requested that Mayor and Council Communication No. C-12316 and
C-12316 and G-
Mayor and Council Communication No. G-8590 be withdrawn from the consent agenda.
8590
M&C, G-8583 cont.
Council Member McCray requested that Mayor and Council Communication No. G-8583 be
for one week
continued for one week.
Withdrew M&C P-
City Manager Ivory requested that Mayor and Council Communication No. P-4235 be
4235
withdrawn from the agenda.
Consent agenda
On motion of Mayor Pro tempore Gilley, seconded by Council Member Garrison, the
approved
consent agenda, as amended, was approved.
Nominated Mrs. Lyn
Council Member Chappell nominated Mrs. Lynn Manny for membership on the Fort Worth
Manny to the Fort
Commission on the Status of Women and made a motion, seconded by Mayor Pro tempore
Worth Commission
Gilley, that Mrs. Manny be appointed to Place 9 on the Fort Worth Commission on the
on the Status of
Status of Women for a term of office expiring October 1, 1991. When the motion was put
Women
to a vote by the Mayor, it prevailed unanimously.
City Council Policil
There was presented City Council Policy Proposal No. CP -149, Enforcement of
Proposal No. CP-14!'Sexually
Oriented Business Ordinance, as follows:
SUBJECT: ENFORCEMENT OF SEXUALLY ORIENTED BUSINESS ORDINANCE
PROPOSAL:
It is proposed that the City of Fort Worth continue to enforce Section 18A,
"Sexually Oriented Businesses," of the Comprehensive Zoning Ordinance.
BACKGROUND. -._
Attached is a copy of Section 18A, "Sexually Oriented Businesses," of the
Comprehensive Zoning Ordinance. Section 18A was adopted by City Council on
December 9, 1986, and establishes regulations to prevent the continued
concentration of sexually oriented businesses with the city.
In 1987, R.B. Williams, City Vending, Inc., and B.R. Management Corporation
filed suit against the city in the 48th District Court of Tarrant County
Minutes of City Council 0-3 Page 523
5;.T
TUESDAY, MAY 8, 1990
City Council attacking the constitutionality of the ordinance and seeking declaratory and
Policy Proposalinjunctive relief. The 48th District Court upheld the constitutionality of
No. CP -149 cont. the ordinance.
The plaintiffs appealed to the Court of Appeals for the 2nd Supreme Judicial
District of Texas in Fort Worth. On November 30, 1989, the Court of Appeals
ruled that the ordinance was constitutional except for the definition of
"nudity" or "state of nudity" which the Court held violated the rights of
female topless dancers under the Equal Rights Amendment of the Texas
Constitution. The city has appealed the adverse portion of this decision to
the Texas Supreme Court and the appeal remains pending.
There is no final judgment in the R.B. Williams case and no injunction or
stay order which prohibits the city from continuing to enforce the ordinance.
To promote the health, safety, and general welfare of the citizens of the
city, and to prevent the continued concentration of sexually oriented
businesses with the city, it is proposed that the city continue to enforce
the ordinance until a final decision is rendered by the Texas Supreme Court
in the R.B. Williams case.
LEGALITY:
The City Attorney has reviewed this proposal and advised the Council that
there is currently no court order or injunction in effect which bars the city
from enforcing the ordinance.
FISCAL NOTES:
None
CITY MANAGER'S COMMENTS:
None
/S/ Bob Bolen
Bob Bolen, Mayor
/S/ Louis J. Zapata, Sr.
Louis J. Zapata, Sr.
Councilmember, District No. 2
/S/ Eugene McCray
Eugene McCray
Councilmember, District No. 5
/S/ Garey Gilley
Garey Gilley
Councilmember, District No. 6
/S/ William N. Garrison
William N. Garrison Virginia Nell Webber
Councilmember, District No. 3 Councilmember, District No. 8
/S/ Kay Granger /S/ David Chappell
Kay Granger David Chappell
Councilmember, District No. 4 Councilmember, District No. 9
CP -149 adopted Council Member Chappell made a motion, seconded by Mayor Pro tempore Gilley, that the
City Council Policy Proposal No. CP -149 be adopted.
Mr. Robert Snoke
re CP -149 Mr. Robert Snoke, 3826 6th Avenue, appeared before the City Council and advised
the City Council that, in his opinion, the passage of CP -149, Enforcement of Sexually
Oriented Business Ordinance, is a hopeful sign for Rosemont and that, in his opinion,
the Cultural District Bond Ordinance is in trouble.
CP -149 adopted When the motion, that City Council Policy Proposal No. CP -149, Enforcement of
Sexually Oriented Business Ordinance, be adopted, was put to a vote by the Mayor, it
prevailed unanimously.
At this time, Council Member Zapata excused himself from the Council table.
M&C--OCS- 118 re There was presented Mayor and Council Communication No. OCS-118 from the Office of
Resolution the City Secretary recommending that a resolution be adopted cancelling the City
Council meeting of July 3, 1990, and changing the City Council meeting of July 10,
1990, to July 12, 1990. On motion of Mayor Pro tempore Gilley, seconded by Council
Member McCray, the recommendation was adopted.
Introduced a Mayor Pro tempore Gilley introduced a resolution and made a motion that it be
Resolution adopted. The motion was seconded by Council Member McCray. The motion, carrying with
it the adoption of said resolution, prevailed by the following vote:
AYES: Mayor 'Bolen; Mayor Pro tempore Gilley;. Council Members Garrison,
Granger, McCray, and Chappell
NOES: None
ABSENT: Council Members Zapata and Webber
The resolution, as adopted, is as follows:
Minutes of City Council 0-3 Page 524
525
TUESDAY, MAY 8, 1990
Resolution No. - RESOLUTION NO. 1530
1530
WHEREAS, Section 3.1 of the City Council Rules of Procedure requires
that the first Tuesday meeting of the City Council of the City of Fort Worth
be scheduled for 7:00 P.M. o'clock unless otherwise officially changed by the
City Council; and,
WHEREAS, the first Tuesday meeting for July 1990 normally would be
scheduled for 7:00 P.M. on July 3, 1990 preceeding July 4, a national holiday
and a recognized holiday of the City of Fort Worth; and,
WHEREAS, Chapter III, Section 5. of the City Charter states that the
City Council shall meet at such time and place as may be prescribed by
ordinance or resolution, but not less than 48 regular meetings shall be held
each calendar year with not less than three regular meetings held each month
and not more than one regular meeting held each week; and,
WHEREAS, a Bond election will be conducted on July 10, 1990; and,
WHEREAS, Chapter 67 Section 67.0003 of the Texas Election Laws states
each local canvassing authority shall convene; to conduct the local canvass
not earlier than the second day or later than the sixth day after election
day at the time set by the canvassing authority's presiding officer: NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS,
Minutes of City Council 0-3 Page 525
1.
That the regularly -scheduled meeting of Tuesday, July 3, 1990, be
cancelled; and
2.
That the regularly -scheduled meeting of Tuesday, July 10, 1990, be
changed to Thursday, July 12, 1990, at 10:00 A.M.
M&C OCS-119 re
There
was presented Mayor
and Council Communication No. OCS-119 from the Office of
Cancellation of
the City
Secretary recommending
that the City Council authorize the cancellation of
Liability Bonds
Parkway
Contractor Bond issued
to Gary Russell & Elmo Lambert dba L & R Concrete, Inc.,
but that
the bond remain in effect for all work performed prior to date of cancellation
of May 5, 1990. It was the consensus of the City Council that the recommendation be
adopted.
M&C COS -120 Claims
There
was presented Mayor
and Council Communication No. OCS-120 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:
Edward C. Graves
1.
Claimant:
Edward C. Graves
Date Received:
May 2, 1990
Date of Incident:
April 3, 1990
Attorney:
Glenn 0. Lewis
Location of Incident:
Enroute to 5004 Wilmington Drive
Estimate of Damages/
Injuries:
$3,000,000.00
Nature of Incident:
Claimant alleges damages and injuries as the
result of an incident involving a City -owned
vehicle (police).
Darryl Brookins
2.
Claimant:
Darryl Brookins
Date Received:
May 2, 1990
Date of Incident:
March 26, 1990
Attorney.
Kugle & Frederick (Robert A. Kugle)
Location of Incident:
4700 E. Rosedale St.
Estimate of Damages/
Injuries:
Undeclared
Nature of Incident:
Claimant alleges damages and injuries while
riding on a City bus.
Russell Wayne Day
3.
Claimant:
Russell Wayne Day
Date Received:
May 1, 1990
Date of Incident:
April 6,.1990
Location of Incident:
I-30
Estimate of Damages/
Injuries:
$509.80
Nature of Incident:
Claimant alleges damages to his automobile as
the result of an object falling from a
City -owned truck.
Jimmy D. Womack
4.
Claimant:
Jimmy D. Womack
Date Received:
April 27, 1990
Date of Incident:
April 4, 1990
Location of Incident:
Mitchell just north of Martin Luther King
F rwy .
Estimate of Damages/
Injuries:
$90.20
Nature of Incident:
Claimant alleges damages to his automobile as
the result of street conditions.
Minutes of City Council 0-3 Page 525
526
Marjorie Nell
Johnson
Angela D. McCray
lissa Weiner
Denna Kay Duffey
Ruth Mills
Kathryn Hapner
Donald L. Fowler
Dorothy A. Manuel
M&C OCS-120 adopte
M&C OCS-121 re
Correspondence fro
Mr. L. Baird Tripp
re TU Electric rat
5. Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
6. Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
7. Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
8. Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
9. Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Indicent:
10. Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
11. Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
12. Claimant:
Date Received:
Date of Incident:
Attorney:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
TUESDAY, MAY 8, 1990
Marjorie Nell Johnson
April 28, 1990
Undeclared
Undeclared
Undeclared
Undeclared
Angela D. McCray
April 26, 1990
April 11, 1990
350 N. Belknap St. (Police Garage)
$298.17
Claimant alleges damages to her automobile as
the result of a gate bar falling onto her
automobile.
Melissa Weiner
April 26, 1990
April 11, 1990
South on McCart
$125.00
Claimant alleges damages to her automobile as
the result of rocks falling from a City -owned
vehicle (blue city truck).
Denna Kay Duffey
April 26, 1990
Undeclared
Rosedale and Riverside
Undeclared
Claimant alleges damages and injuries as the
result of an accident involving a City -owned
vehicle (water truck).
Ruth Mills
April 26, 1990
February 12, 1990
Beach and Rosedale
Undeclared
Claimant alleges injuries as the result of a
fall.
Kathryn Hapner
April 26, 1990
April 22, 1990
Cook's Lane south of Brentwood Stair Road
$45.00 - $198.33
Claimant alleges damages to his automobile as
the result of street conditions.
Donald L. Fowler
April 26, 1990
April 2, through April 5, 1990
1305 Cloverdale Drive
$66.70
Claimant alleges damages to his property as
the result of flushed hydrants.
Dorothy A. Manuel
May 1, 1990
January 14, 1990
Glenn 0. Lewis
2120 Hadley Drive
$60,000.00
Claimant alleges damages and injuries as the
result of actions taken by Fort Worth Police
Personnel.
It was the consensus of the City Council that the recommendation be adopted.
There was presented Mayor and Council Communication No. OCS-121 from the Office of
the City Secretary recommending that correspondence from Mr. L. Baird Tripp expressing
opposition to the TU Electric rate increase request be referred to the City Manager.
It was the consensus of the City Council that the recommendation be adopted.
Minutes of City Council 0-3 Page 526
527
TUESDAY, MAY 8, 1990
Benefit Hearing It was the consensus of the City Council that the benefit hearing for the
BH -0014 cont. assessment paving of Western Center Boulevard from North Beach Street to Watauga City
Limits be continued at this Council meeting until such time as Council Member Zapata
returns to the Council Chamber.
M&C G-8583 re There was presented Mayor and Council Communication No. G-8583, dated May 1, 1990,
cont. for one week from the City Manager, as follows:
SUBJECT: RESTRUCTURE OF HOME IMPROVEMENT AND EMERGENCY REPAIR LOAN PROGRAM
RECOMMENDATION:
It is recommended that the Home Improvement Loan and the Emergency Repair
Loan programs be restructured as outlined below.
DISCUSSION:
The Housing and Human Services Department administers two programs funded
through Community Development Block Grant monies received by the City, under
which it offers home improvement loans to qualified individuals. The
programs are the Emergency Repair Loan Program and the Home Improvement Loan
Program. In order to more effectively and efficiently meet the needs of the
individuals who are now applying for the loan programs, staff recommends that
changes be made in the program guidelines and administration. The changes
recommended are as follows:
1. It is recommended that the Emergency Repair Loan (ERL) Program be raised
from the current maximum of $3,000 to a maximum of $8,000. This would
continue to be an indefinitely deferred loan program available only to
very low-income homeowners, (at or below 50% of the median family income
adjusted for family size). This program would complete repairs for
safety and structural items such as roofs, electrical systems, plumbing,
and foundations; and
2. It is recommended that the Home Improvement Loan (HIL) program become a
monthly payback type loan program, available only to families whose
incomes are between 50% and 80% of the median adjusted for family size.
The interest on the loan would vary (from 0% up to 9.16%) according to
the gross annual family income. The maximum loan would be $20,000, with
the loan amortized a maximum of 15 years. Families whose gross income
is between 50.1% and 60% would be eligible for a no interest, monthly
payback type loan amortized for a 15 year period. Families whose income
is above 60.1% of medium income will receive loans with a fixed interest
rate up to 9.16%.
BACKGROUND:
On September 30, 1986, the City Council approved the M&C C-9856 which
structured the Home Improvement Loan and Emergency Loan programs in their
current configuration, which is as follows:
Emergency Repair Loan (ERL) .
A. Only applicants with a gross annual income of 50% or less of the
median annual income, (adjusted for family size), are eligible for
participation in the Emergency Repair Loan program.
B. The maximum amount of the Emergency Repair Loan is $3,000.
C. Recipients of $500 or less in repairs will not have a lien filed on
the property and this will be considered as a grant.
D. For recipients who have repairs which cost between $501 and $3,000,
a lien is filed on the property for the amount of the repairs.
Payment on this loan is deferred until the property is sold or is
no longer the homestead of the original eligible applicant or one
of their heirs. A $17.00 filing fee for the recording of the Deed
of Trust and Assignment of Lien is paid by the recipient.
Home Improvement Loan (HIL)
A. The maximum amount of the HIL loan is $20,000. The interest rate
and term depend upon the income of the individual recipient.
B. A lien is filed to secure all Home Improvement Loan funds. The $24
filing fee for the recording of the Deed of Trust and the
Assignment of Lien is paid by the recipient.
C. Recipients whose gross annual income is at or below 50% of the area
median, (adjusted for family size), will not be required to make
monthly payments on the loan. Upon the sale of the property, or
when the property is no longer the homestead of the eligible
recipient or one of their legal heirs, the loan amount is due and
payable to the City.
Minutes of City Council 0-3 Page 527
528
TUESDAY, MAY 8, 1990
&C G-8583 cont. D. Recipients whose gross annual income is between 50.1% and 60% of
the area median, (adjusted for family size), are required to make
minimum monthly payments of $83.34 for 240 months. No interest is
charged on the loan. Upon the sale of the property, or when the
home is no longer the homestead of the eligible recipient or their
legal heirs, the loan amount is due and payable to the City.
E. HIL loans for recipients whose gross annual income is between 60.1%
and 100% of the area median, (adjusted for family size), are
leveraged through local financial institutions with the City
subsidy repaid in 180 monthly payments at 0% interest. The lower
the family income, the greater the amount of the City subsidy. The
higher the family income, the less the City subsidy.
In the last two years the NIL program has completed 196 rehabilitation jobs
in Fort Worth using the guidelines adopted in.1986. Of the 196, only 11 have
been payback type loans, and all 11 of those were Urban Homestead recipients.
None of the 185 regular HIL program recipient loans were payback type loans.
With our current allocation of $1.38 million in this program, we have funds
to complete about 70 houses each year. Payback loans would allow additional
funding for other loans.
There is currently a waiting list for the HIL program of 160 eligible
clients, (or a two and one-half year wait under current conditions). The
Department stopped accepting applications for the HIL program one year ago,
but continued to take names and addresses of interested families, and now
have more than 375 names on that list. If we continue to operate the
programs using the 1986 guidelines, people applying for home repairs today
will not receive services until late 1998.
Each Neighborhood Advisory Council was presented the proposed guidelines.
There was no opposition to the guidelines during discussion.
The Community Development Council recommended adoption of the guidelines at
its March 12, 1990 meeting.
FINANCING:
The revised program will not require additional funding.
It was the consensus of the City Council that consideration of Mayor and Council
Communication No. G-8583 be continued for one week.
&C G-8589 re There was presented Mayor and Council Communication No. G-8589 from the City
of and of tax Manager stating that the Texas Property Tax Code requires that a taxpayer must request
verpayments a refund for tax overpayment within three years of that payment; that Section 31.11 of
the Property Tax Code further requires approval by the governing body before refunding
overpayments or erroneous payments in instances where the refund exceeds $500.00; and
that the Revenue Collection Division of the Finance Department has verified that
erroneous payment or overpayments were made and recommends refunds, as follows:
ACCOUNT NO. LEGAL DESCRIPTION NAME AMOUNT
0361-24-30 Lot 2R, Blk 13 Home Savings of $ 1,791.55
1988 Taxes Woodhaven Cntry Club America
(City/School)
Taxes Paid Twice
0432-58-93 Lot 1, Blk 1 Southwest Savings 82,701.53
1988 Taxes Woodridge Association
(City/School)
Taxes Paid Twice
ACCOUNT TOTALS $84,493.08
Mayor Bolen advised the City Council that he will abstain from voting on Mayor and
Council Communication No. G-8589.
At this time, Mayor Pro tempore Gilley assumed the chair.
Mayor Pro tempore Gilley made a motion, seconded by Council Member McCray, that
Mayor Bolen be permitted to abstain from voting on Mayor and Council Communication
No. G-8589 and, when the motion 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,
Granger, McCray, and Chappell
NOES: None
ABSENT: Council Member Webber
NOT VOTING: Mayor Bolen
Minutes of City Council 0-3 Page 528
M&C G-8589 cont.
529
TUESDAY, MAY 8, 1990
Council Member Garrison made a motion, seconded by Council Member Chappell, that
the recommendation contained in Mayor and Council Communication No. G-8589 be approved.
When the motion 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,
Granger, McCray, and Chappell
NOES: None
ABSENT: Council Member Webber
NOT VOTING: Mayor Bolen
At this time, Mayor Bolen assumed the chair.
M&C G-8590 re There was presented Mayor and Council Communication No. G-8590 from the City
cont. for one week Manager stating that Chapter 203.025 of the new Texas Local Government Records Act
provides that by June 1, 1990, the governing body of each local government shall
designate a Records Management Officer; that the City presently has a Records Manager,
Martha Chambers, whose responsibilities are those laid out in Chapter 203.023 of the
new Act, entitled Duties of Records Management Officer; that, in order to meet the
requirements of the Act, Martha Chambers must be officially designated as the Records
Management Officer; and recommending that the City Council designate Martha Chambers,
Records Manager, as the Records Management Officer for the City of Fort Worth. It was
the consensus of the City Council that consideration of Mayor and Council Communication
be continued for one week.
M&C G-8591 re
construction of There was presented Mayor and Council Communication No. G-8591 from the City
concrete valley Manager stating that the 1989-90 work program for the Department of Transportation and
gutters Public Works includes the construction of concrete valley gutters at various
intersections throughout the City; that Harrod Paving Company was awarded a contract on
April 3, 1990, by Mayor and Council Communication No. C-12244 in the amount of
$128,170.00 for the construction of valley gutters in Council Districts 3, 6, 7, and 9;
that the City Street Division crews are scheduled to construct an equal number of
valley gutters in Districts 2, 4, 5, and 8 during FY90; and recommending that the City
Manager be authorized to execute a work authorization in accordance with AR3-3 for the
construction of concrete valley gutters at various locations by City crews and that a
bond fund transfer in the amount $125,000.00 be authorized from 67-035901-00,
Miscellaneous Streets and Drainage Unspecified, to 67-053123-00, '90 Valley Gutters
City Crews, to finance construction by City crews. It was the consensus of the City
Council that the recommendations be adopted.
M&C G-8592 re There was presented Mayor and Council Communication No. G-8592 from the City
settlement of claill Manager stating that Sam and Linda Knight filed a claim for property damage and
filed by Sam and personal injuries allegedly sustained on April 18, 1990, as a result of being struct by
Linda Knight a City vehicle; that, while admitting no liability in this matter, the Risk Management
Department recommends this property damage settlement; stating that funds are available
in Fund 71, Account No. 15-71-10, Index Code 399154; and recommending that the City
Council approve the settlement of the claim filed by Sam and Linda Knight and authorize
the City Manager to expend the sum of $5,300.00 for settlement of property damage only
as agreed to by Sam and Linda Knight and the City of Fort Worth. It was the consensus
of the City Council that the recommendation be adopted.
M&C G-8593 re There was presented Mayor and Council Communication No. G-8593 from the City
records retention Manager stating that the City of Fort Worth Administrative Regulation 1-23 requires
and disposition that a Records Retention and Disposition Schedule be established for each City
schedules department and approved by Council; that Municipal Court Services and the Water
Department have completed and submitted their schedules for approval; that these
schedules will promote organizational efficiency within the departments, facilitate the
proper protection of vital and important documents, and demonstrate the City's
willingness to meet all legal requirements for maintenance and accessibility of public
records; and recommending that the City Council approve the Records Retention and
Disposition Schedules submitted by Municipal Court Services and the Water Department.
It was the consensus of the City Council that the recommendation be adopted.
M&C G-8594 re
adoption of the There was presented Mayor and Council Communication No. G-8594 from the City
Fort Worth Cultur- Manager stating that the Fort Worth Cultural District Committee has worked with the
al District Master consulting firm of EDAW, Inc., to develop the Cultural District Master Plan; that the
Plan Plan, developed over the past two years, represents a consensus of the various
institutions located in the Cultural District; and recommending that the City Council
adopt the Fort Worth Cultural District Master Plan and make it a part of the Fort Worth
Comprehensive Plan. It was the consensus of the City Council that the recommendation
be adopted.
M&C G-8595 re
i There was presented
Mayor and Council Communication No. G-8595 from the City
amendment to
Manager recommending that
an ordinance be adopted to amend Ordinance No. 10494
to
Ordinance 10494 to
correct a clerical error
in the description of the development restriction
of
correct a clerical
P.R. Weatherford Addition,
Block 4, Lot 5, which was rezoned by Ordinance No. 10494
on
error in the de-
January 9, 1990. It was
the consensus of the City Council that the recommendation
be
scri pti on
adopted.
Minutes of City Council 0-3 Page 529
530
TUESDAY, MAY 8, 1990
Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
Ordinance adopted. The motion was seconded by Council Member 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 Garrison,
Granger, McCray, and Chappell
NOES: None
ABSENT: Council Members Zapata and Webber
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10580
10580 AN ORDINANCE AMENDING ORDINANCE NO.' 10494 TO CORRECT A CLERICAL
ERROR IN THE DESCRIPTION OF THE DEVELOPMENT RESTRICTIONS OF LOT 5,
BLOCK 4, P.R. WEATHERFORD ADDITION, WHICH WAS REZONED TO "PD/SU"
PLANNED DEVELOPMENT/SPECIFIC USE BY SAID ORDINANCE; 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.
WHEREAS, on January 9, 1990, the City Council adopted Ordinance
No. 10494, which amended the Comprehensive Zoning Ordinance, Ordinance
No. 3011, as amended, to change the zoning classifications of various
described areas; and
WHEREAS, one of such areas was Lot 5, Block 4, P.R. Weatherford
Addition, which was rezoned from "Cu Multi -Family to "PD/SU" Planned
Development/Specific Use for an Insurance Office (Z-89-122); and
WHEREAS, proper legal notice of the public hearing concerning the
proposed rezoning of such parcel was advertised, which notice contained a
correct description of the development restrictions; and
WHEREAS, Ordinance No. 10494 contained a clerical error because an
incorrect description of the development restrictions was utilized, and it is
necessary to amend such ordinance to correct the error and confirm the
development restrictions of the area being rezoned;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION I.
That Ordinance No. 10494, which amended Ordinance No. 3011, be and is
hereby amended by changing the development restrictions of Lot 5, Block 4,
P.R. Weatherford Addition, which was rezoned from "C" Multi -Family to "PD/SU"
Planned Development/Specific Use for an Insurance Office, to read as follows:
Z-89-122 Lot 5, Block 4, P.R. Weatherford Addition
(3225 South University Drive)
Recommended from "C" Multi -Family to "PD/SU" Planned Development/
Specific Use for an Insurance Office; maintaining the existing
architecture; providing for parking in the rear yard only. VE.�ver
of site plan.
SECTION 7.
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 Two Thousand
Dollars ($2,000.00) for each offense. Each day that a violation is permitted
to exist shall constitute a separate offense.
SECTION 10.
That this ordinance shall be in full force and effect from and after the date
of its passage and publication as required by law, and it is so ordained.
&C G-8596 re There was presented Mayor and Council Communication No. G-8596 from the City
rdinance ordering Manager, as follows:
lection
SUBJECT: ADOPTION OF ORDINANCE ORDERING AN ELECTION FOR JULY 10, 1990, ON
THE QUESTIONS OF ISSUANCE OF BONDS FOR CONSTRUCTION OF IMPROVEMENTS
Minutes of City Council 0-3 Page 530
531
M&C G-8596 cont. I TO THE WILL ROGERS MEMORIAL COMPLEX AND FOR STREET AND STORM SEWER
IMPROVEMENTS
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance calling
an election on July 10, 1990, on the questions of:
a) The issuance of $20,000,000 in general obligation bonds for the purpose
of constructing permanent improvements at the City's Will Rogers
Memorial Complex, to wit: the Will Rogers Auditorium and other related
permanent improvements; and
b) The issuance of $20,000,000 in general obligation bonds for the purpose
of constructing permanent street and storm sewer improvements by
reconstructing, restructuring and extending the streets, thoroughfares,
collectors and storm drains in the City.
Mr. Ted Cue re Mr. Ted Cue, Chairman .of the Committee for the Preservation and Restoration of
M&C G-8596 Will Rogers Auditorium in its Present Architectural State, appeared before the City
Council and expressed opposition to the bond election and to the date chosen for the
bond election.
At this time, Council Member Zapata returned to the Council table.
Mr. Cue requested that the election be moved from July 10, 1990, to July 7, 1990.
Mr. Harry Stein- Mr. Harry Steinfeldt, 809 Crockett Drive, appeared before the City Council and
feld t re M&C G- expressed opposition to the proposed bond election scheduled for July 10, 1990.
8596
Mr. Karl Komatsu Mr. Karl Komatsu, 3905 Lenox, appeared before the City Council and requested that
re M&C G-8596 the Council give favorable consideration to the adoption of an ordinance ordering an
election for July 10, 1990, for the issuance of bonds for Will Rogers Memorial Complex
and street and storm drain improvements.
Mr. Rodriguez re
M&C G-8596
Introduced an
ordinance
Ordinance No.
10578
Mr. Rodriguez appeared before the City Council and requested Saturday or Sunday
absentee voting for the bond election to be held on July 10, 1990.
Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that
the proposed ordinance ordering an election for July 10, 1990, be amended and that
absentee voting be ordered to be conducted on the last Saturday of absentee voting from
8:00 a.m. to 5:00 p.m. at City property and 8:00 a.m. to 4:30 p.m. for the Tarrant
County absentee voting places. When the motion was put to a vote by the Mayor, it
prevailed unanimously.
Council Member Garrison made a motion, seconded by Mayor Pro tempore Gilley, that
the recommendation; as contained in Mayor and Council Communication No. G-8596, as
amended, be adopted. When the motion was put to a vote by the Mayor, it prevailed
unanimously.
Council Member Garrison introduced an ordinance and made a motion that it be
adopted. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying
with it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, and Chappell
NOES: None
ABSENT: Council Member Webber
The ordinance, as adopted, is as follows:
ORDINANCE NO. 10578
AN ORDINANCE CALLING FOR AND ORDERING AN ELECTION FOR JULY 10,
1990, ON THE QUESTION OF THE ISSUANCE OF BONDS.
WHEREAS, the City Council of the City of Fort Worth deems it advisable
to issue the bonds of said City for the purposes hereinafter stated:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS: I 1 1.
SECTION 1.
That an election shall be held in said City on Tuesday, the 10th day of
July, 1990, between the hours of 7:00 A.M. and 7:00 P.M., in the several
regular election precincts of said City which are the regular precincts of
Tarrant County and Denton County, Texas, to the extent they are within the
city limits of said City, and the polling places as set forth on Exhibit "A"
attached hereto and made a part hereof. That in calling for and ordering
said election, the City Council expressly finds, pursuant to Section
41.001(b)(3) of the Texas Election Code, that the holding of said election on
Minutes of City Council 0-3 Page 531