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Home My WebLink About1990/06/05-Minutes-City CouncilMinutes of City Council P-3 Page 105 CITY COUNCIL MEETING JUNE 5, 1990 ;ouncil Met On the 5th day of June, 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: Members Present Mayor Bob Bolen; Mayor Pro tempore Garey W. Gilley; Council Members William N. Garrison, Kay Granger, Eugene McCray, Bill Meadows, Virginia Nell Webber, and David Chappell; City Manager David Ivory; City Attorney Wade Adkins; City Secretary Ruth Howard; Council Member Louis J. Zapata absent; with more than a quorum present, at which time the following business was transacted: Invocation The invocation was given by City Secretary Howard. 'ledge of 111 eg i ance The Pledge of Allegiance was recited. ginutes of May 29, On motion of Mayor Pro tempore Gilley, seconded by Council Member McCray, the 1990 minutes of the meeting of May 29, 1990, were approved. student from Reggio A key to the City was presented to Sylvia Rivas, exchange student from Reggio :mi l i o, Italy Emilio, Italy. 'resence of Boy City Secretary Howard called attention of the City Council to the presence of Boy ;cout Troop no. 497 Scout Troop No. 497 of St. Bartholomews Catholic Church. lithdrew M&C Nos. Council Member Chappell requested that Mayor and Council Communication :-12345, and C- Nos. C-12345 and C-12352 be withdrawn from the consent agenda. 12352 lithdrew M&C Nos. Mayor Pro tempore Gilley requested that Mayor and Council Communication IZ- 1582, and C- Nos. PZ -1582 and C-12344 be withdrawn from the consent agenda. .2344 City Manager Ivory requested that Mayor and Council Communication Nos. G-8655, lithdrew M&C Nos. G-8657, and C-12352 be withdrawn from the consent agenda. 1-8655, G-8657, and :-12352 On motion of Mayor Pro tempore Gilley, seconded by Council Member McCray, the :onsent agenda consent agenda, as amended, was adopted. idopted lomi nated Mr. Tom Council Member Meadows nominated Mr. Tom Reynolds for membership on the Historic ,eynolds on the and Cultural Landmark Commission and Mr. Edmund Schenecker for membership on the li stori c and Cul- Library Advisory Board and made a motion, seconded by Mayor Pro tempore Gilley, that ;ural Landmark Comm Mr. Tom Reynolds be reappointed to Place 7 on the Historic and Cultural Landmark Ir. Edmund Sheneck- Commission and that Mr. Edmund Schenecker be reappointed to Place 7 on the Library ,r to the Library Advisory Board, both for terms of office expiring October 1, 1991. When the motion was ►dvisory Board put to a vote by the Mayor, it prevailed unanimously. lominated Mr. Morri Council Member Granger nominated Mr. Morris Matson for membership on the Cultural latson on the District Committee and made a motion, seconded by Council Member McCray, that :ultur al District Mr. Morris Matson be appointed to the Cultural District Committee, replacing Mr. Robert :ommittee Herchert, and, when the motion was put to a vote by the Mayor, it prevailed unanimously. lomi■ated Mr. Paul Austin on the Council Member Chappell nominated Mr. Paul Austin for membership on the leighborhood Re- Neighborhood Resources Development Council and made a motion, seconded by Council ;ources Development Member McCray, that Mr. Paul Austin be appointed to Place 3 on the Neighborhood :ouncil Resources Development Council for a term of office expiring October 1, 1991, and, when the motion was put to a vote by the Mayor, it prevailed unanimously. lomina ted Ms. Carol Council Member Garrison nominated Ms. Carol Turner for membership on the Historic .urner on the His- and Cultural Landmark Commission and made a motion, seconded by Council Member McCray, toric and Cultural .andmark Commission Minutes of City Council P-3 Page 105 1f'c; .TUESDAY, JUNE 5, 1990 that Ms. Carol Turner be appointed to the Historic and Cultural Landmark Commission for a term of office expiring October 1, 1991, and, when the motion was put to a vote by the Mayor, it prevailed unanimously. Ceremonial travel Council Member Chappell advised the City Council of ceremonial travel to Budapest to Budapest, next week. < Council Chappell Mayor Pro tempore Gilley made a motion, seconded by Council Member Meadows, that the ceremonial travel of Council Member Chappell to Budapest be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mayor Pro tempore Gilley made a motion, seconded by Council Member McCray, that Council Member Chappell be appointed Deputy Mayor Pro tempore for ceremonial purposes for the Sister City trip to Budapest. When the motion was put to a vote by the Mayor, it prevailed unanimously.,_ M&C .00S-130 There was presented Mayor and Council Communication No. OCS-130 from the Office of Appointing pre- the City Secretary recommending that a resolution be adopted naming the presiding siding judges and judges and alternate presiding judges for the General Obligation Bond Election to be alternate judges held on July 10, 1990, and establishing the compensation for services as presiding judges and alternate presiding judges. It was the consensus of the City Council that the recommendation be 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, Meadows, Webber, and Chappell Resolution No. 1534 NOES: None ABSENT: Council Member Zapata The resolution, as adopted, is as follows: RESOLUTION NO. 1534 WHEREAS, the City Council of the City of Fort Worth, Texas, on May 8; 1990, adopted Ordinance No. 10578 ordering an election on the question of the issuance of bonds; and, WHEREAS, Section 32.005(a) of the Texas Election Code requires that the governing body of a political subdivision other than a county shall appoint the presiding judges for elections ordered by an authority of the political subdivision; and, WHEREAS, Section 32.093 of the Texas Election Code provides that the City Council shall fix the compensation to be paid presiding judges and election clerks for their services in said election; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That attached hereto and expressly made a part hereof is a list marked Exhibit "A", which contains the names of those persons proposed to be named as presiding judges and alternate presiding judges for the election scheduled for July 10, 1990. That the persons identified in Exhibit "A" as presiding judges are hereby appointed as presiding judges for those corresponding precincts for the purpose of conducting the election scheduled for July 10, 1990. That the persons identified in Exhibit "A" as alternate presiding judges are hereby appointed as alternate presiding judges for those corresponding precincts for the purpose of conducting the election scheduled for July 10, 1990. Be it further resolved that, prior to said election, each presiding judge and alternate presiding judge shall attend Election School to be conducted by the Tarrant County Elections Administrator at the time and location so indicated in writing by the Tarrant County Elections Administrator. Be it further resolved that each presiding judge and alternate presiding judge shall receive compensation for his or her services as presiding judge, including attendance at Election School, in the amount of $5.00 per hour. Be it further resolved that each election clerk appointed by each presiding judge shall receive compensation for his or her services as election clerk in the amount of $5.00 per hour. Be it further resolved that the presiding judge, alternate presiding judge, or election clerk who delivers from his or her precinct to the Tarrant County Elections Administrator the precinct election records, keys to the Minutes of City Council P-3 Page 106 10, 7 TUESDAY, JUNE 5, 1990 Resolution No. ballot boxes or other election equipment, and unused supplies after said 1534 cont. election shall be compensated for that service in the amount of $25.00. EXHIBIT "A" DISTRICT 2 PCT ELECTION JUDGE ALTERNATE JUDGE 3061, 011ie Reed Charlie May Hollins 3054 3124, Margaret Bruce Juanita Cobb 3362 4017 Thomas Martin Jack Bridwell 4048 i Joe M. Lazo Hector Beltram 4050 Hillery T. Hardeman, Sr. Marshall Hobbs 4051 John A. Luttrell, Jr. Mrs. John A. Luttrell 4067 Vincent Perez Leroy Castillo 4068 Lucille Stem Mary Elder 4087 Maria Guiomar Jara David Villarreal 4092 Frances Young Evelyn Anthony 4093 Patsy Steele 4110 Roy Tillery Ruby Beasley 4122 Margie Williams Elizabeth Savage 4123 Mrs. Charlie Fay Blackwood Verle Oringderff 4231 Gloria Sifuentes Virginia Morton 4250 Doris Owen T.E. Wright 4374 i John Dalton Fred S. Ramirez 4234 4044* 4372 411*, 413* 4261 Bob Campbell Carrie Johnson DISTRICT 3 1241 Nola Crow Glenn Crow 1070, 1186 1296, 1142 1071 & 1377 David A. Robinson 4015 Lola Winder Thelma E. Bowman 4276 Gordon Bruner Martha Ruhmann 4069* 1111* 4369* 4255* 4118 Anne Smith Debbie Wilmott 4129 Billie Gregory Locille Bratton 4230 4130 Marjorie Nunn Ann Zurovetz 4343 4375-Ovts 4342 Sandra Tye 4135 J. Floyd Blair Roy Guinnup 4136 L.M. (Jack) Blanks Winnie Blanks 4163 June Stacey Ellena Kaler i Minutes of City Council P-3 Page 107 11«8 TUESDAY, JUNE 5, 1990 Resolution No. 4178 Elizabeth Diano 1534 cont. 4179 Modean Barry Betty Foust 4203 Charles Lockhart Nora Ray 4239 No Voters DISTRICT 4 2012 Barbara Durnan Robert Durnan 2088 Lynda G. Brender Leruth Powell 2099 Donna R. Lafon Frank Barron 2311 Danny Burns Joyce Cooper 2126 2146 James H. Lovett R. Allan Dillard 2170 Morgan Vaught Dwight Douglas 2312 2185 Wanda Davis Wilhelmina Gladden 2278 Dan Rodgers 2279 Barbara McMahon Muriel Mendoza 3066 Ann Daniel Mrs. Charles Cole 3082 Mike Winhold Marjorie Steadham 3198 3101 Jack P. Smith, Jr. LaRue C. Smith 3109 C. Howard Smith Jennie B. Woolf 3151 Kit Sears Connie Feaster 3199* 3162 Charles Evans Dixie Stapleton 3363-Ovtr 3227 Maudine A. Blakeman Joe Wier 3175 3197 3388 3236 Jim Conlin Mrs. H.N. Follin 3277 G. Alfred Brown, Jr. Jess J. Jennings DISTRICT 5 1011 Betty Chasteen Proctor Elder 1074 Katherine C. Felder Vivian G. Wells 1075 Jane F. Sims Janet Saltsgiver 1098 Mercedes P. Williams Frank A. Escalante 1106 Sara Fike Katrina Fike 1127 Mildred Marshall Nadine Cary 1132 J.L. Crane Ora Lee Crane 1299 Deralyn Davis Judith Chapman 1149 1297 Janie V. Hargis Mary Criss 1152 1184 1188 Timothy Stewart Hazel Taylor 1211 Dorothy Haggerty Gladys St. Ann 1346 C.Y. Thomas Leona Wheat Minutes of City Council P-3 Page 108 Resolution No. 1534 cont. 199 TUESDAY, JUNE 5, 1990 2270 Kayla Daniel Phillip Dunham DISTRICT 6 1004 Lloyd Scurloch Patty Whitten 1014 Carol Hensley Steve Stout 1022 Susan Riddell Eve Triplett 1024* Vivian Millirons Allan Finstead 1034* 1244* 2262* 1085 Mrs. Harry Miller 1105 Lawrence Carter Lawrence Blostein 1119 Wayne Newton Edith Brown 1265 1347* 1348* 1350* Ovts 1150 Cruz G. Hernandez Tom Carver 1237 1165 Rosalie Dowdey Charles Fisher 1167 Sammy Crews Betty C. Hinton 1257 1207 Gary L. Secoy Micheal White 1349* 1238 Imogene R. Miller Sam Johnson 1256 Leora Walker Betty Jones 1351 1264 Jewel Woods Billy Gibson 1273 Peggy Thomas Norma Jones 1292 Betty Stevens June Owens 1300 Fred P. Sparks Willie Jordan 1251 1378 DISTRICT 7 3001 Ted Hernandez Nina Jo Baker 3253 Daniel Lopez Rosalinda Garcia 4002 Judy Langdon R.S. Lambert 4016 Marie L. Cole Emelyn Bonnell 4057 Alice J. Lamb Mary E. Rathmell 4064 Jesse D. Sandoval Elena P. Sandoval 4086 Joe Orr Thomas Mastin 4344 4094 Margaret Patoski Dorothy Hicks 4345 4116 Donald R. Curry Jay Scheideman 4120 Viola Pitts Essie Campbell 4274 4341 4125 Doyle C. Fine Lucille Cullen 4243 4137 Margaret Dickie Clara Bird 4232 David Choate, Sr. Cleo Dumas 4053* Minutes of City Council P-3 Page 109 110 TUESDAY, JUNE 5, 1990 Resolution No. 4285 S.L. King Mary Jo Berry 1534 cont. T2 -4-Z* 4373* 4252 M.E. Pete Mulry Patricia Callan 4272 Junette Bryant Donald Bryant 4113 4065* 4376 Gladys Amerson Sandra Jenkins DISTRICT 8 1005 Edwardean I. Harris 4006 1010 Jerry Gordon Mildred Spivey 1058 Burnice Watson Henrietta Blake 1059 Harold Gant Lillie Mae Woodward 1073 Lois F. Bates Merlene Waits 1078 Ruth Tunstle Eva Tutt 1079 Mable Newton Helen R. Baker 1089 Mary Burrell Sarah Cass 1080 Hazel Quinn John E. Kinney 1083 Louis Alderson Leta Alderson 1090 R.C. Johnson Dorothy J. Johnson 1104 Alfred Nelms, Sr. Fontainette Woods 1107 David Patton Pam Patton 1154 Minnie Strawther Nona Thomas 1291 Rosalyn D. Haggerty 3008 Grace T. Bass Irene K. Payne 3019 Ruth Shaw Lucille Black 3056 Mrs. Consatia Brown Elizabeth Cowan DISTRICT 9 1062 Suzanne Mabe Adaire Fisher 1077 1081 Ken Jones Jean Hanson 1096 Paul Frantz 1097 Joe Springer Mrs. Maurine Jenkins 1108 Jimmy Woodfin James A. Woodfin 1298 1117 Sharon Gabert Al Jackson, Jr. 1133 Kathryn Frisbie Kenneth W. Neal, Sr. 1134 Ruben Graham 1155 Lee Saldivar Burnette Sain 1195 David Beals Warren Skinner 1201 Dick Salinas Eulala Zamora 1233 Alice M. Zepeda Michael Zanewych 1288 4060 Charlie S. Martinez, Jr. James Puckett Minutes of City Council P-3 Page 110 Resolution No. 1534 cont. M&C OCS-131 re Ordinance Calling General Obligation Bond Sale 4076 4095 4084 4370-Ovtr 4182 TUESDAY, JUNE 5, 1990 Mari beth 'Ashley Manuel Hinojosa Latryl Ohendalski Mrs. W.A. Gill Jacquelin Taylor ill There was presented Mayor and Council Communication No. OCS-131 from the Office of the City Secretary, as follows: SUBJECT: AMENDMENT OF ORDINANCE NO. 10578 CALLING GENERAL OBLIGATION BOND SALE FOR JULY 10, 1990 RECOMMENDATION: It is recommended that an ordinance be adopted approving Revised Attachment "A" to Ordinance No. 10578, providing for newly -designated voting locations at various locations. BACKGROUND: The City Council on May 8, 1990, adopted Ordinance No. 10578 calling the general obligation bond election for July 10, 1990. Attachment "A" to Ordinance No. 10578 contained the list of proposed locations for voting. Subsequent to May 8, 1990, it became necessary to change the location of 9 polling places as follows: District: 2 Precinct: 4374, 4372, 4044, 4234, 411, and 413 Former Location: Fossil Hill Middle School, 3821 Staghorn Circle South New Location: Parkview Elementary School, 6900 Bayberry Reason for Change: Verbal approval withdrawn by principal of Fossil Hill Middle School Distance: 1.5 Miles District: 4 Precinct: 3227, 3175, 3197, 3388 Former Location: Cornerstone Baptist Church, 7510 John T. White Road New Location: Romans VIII Baptist, 201 Sandy Lane Reason for Change: Use of building obligated to another purpose on election day Distance: 1 Mile District: 5 Precinct: 1074 Former Location: D. McRae Elementary School, 3316 Avenue N New Location: YWCA Child Care, 3401 Avenue I Reason for Change: The elementary school was listed inadvertently on the original Attachment A. This was in error and the location that should have been listed was the YWCA Child Care facility. Distance: 0, Since the original listing was in error and the last City of Fort Worth election was at the YWCA Child Care facility District: 5 Precinct: 1184 Former Location: Bethel Baptist Church, 4801 East Loop 820 New Location: A.M. Pate Elementary School, 3800 Anglin Drive Reason for Change: Church closed for camp the week of election; No election officials available Distance: 2 Miles District: 5 Precinct: 1211 Former Location: Dunbar Middle School, 2501 Stalcup Road New Location: Sunrise Elementary School, 3409 Stalcup Road Reason for Change: Election Judge requested that change be made inasmuch as, in her opinion, voters in that precinct will not vote at the middle school and voters prefer the elementary school Distance: 1/2 Mile Election Judge: Dorothy Haggerty - 5525 Burton, 76105; 457-2137 District: 7 Precinct: 4285, 4242, 4373 Former Location: Shady Oaks Manor, 6148 San Villa Drive New Location: Lake Worth Management Headquarters and Lake Patrol, 7601 Cahoba Drive Reason for Change: New management at Shady Oaks Manor declined request to use facility for election Distance: 2.7 Miles District: 7 Precinct: 4344 Minutes of City Council P-3 Page 111 11 ti TUESDAY, JUNE 5, 1990 Resolution No. Former Location: Teacher's Center, 5100 E1 Campo 1534 cont. New Location: Texas Girls Choir Building, 4449 Camp Bowie Boulevard Reason for Change: Election judge and alternate election judge declined to hold election; could not locate others to conduct election Distance: 6/10th of a Mile District: Precinct: Former Location: New Location: Reason for Change: Distance: District: Precinct: Former Location: New Location: Reason for Change: Distance: Election Judge: 8 4006 Broadway Baptist Church Activity Building, 305 West Broadway Van Zandt Elementary School, 501 Missouri Election judge declined to hold election; could not locate any other person to serve as judge 1.5 Mile 9 4095 St. Stephen's Presbyterian Church, 2600 Sandage Lily B. Clayton Elementary School, 2000 Park Place Church not available for election; vacation bible school being conducted that week 1.3 Mile Maribeth Ashley, 2344 Medford Court East, 76107; 870-9784 M&C OCS-131 adopte On motion of Council Member Chappell, seconded by Mayor Pro tempore Gilley, the recommendation, as contained in Mayor and Council Communication No. OCS-131, was adopted. 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 Garrison, Granger, McCray, Meadows, Webber, and Chappell NOES: None ABSENT: Council Member Zapata 11 The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10597 10597 AN ORDINANCE AMENDING ORDINANCE NO. 10578, BY SUBSTITUTING IN LIEU OF EXHIBIT "A" THEREOF A REVISED EXHIBIT "A", WHICH REVISED EXHIBIT "A" REFLECTS CHANGES IN THE LOCATION OF THE POLLING PLACES FOR THE JULY 10, 1990, ELECTION ON THE QUESTION OF THE ISSUANCE OF BONDS; MAKING THIS ORDINANCE CUMULATIVE OF ALL ORDINANCES; REPEALING ALL ORDINANCES AND PROVISIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Ordinance No. 10578 be, and the same is hereby amended by substituting in lieu of Exhibit "A" thereof a Revised Exhibit "A", which Revised Exhibit "A" reflects changes in the location of the polling places for the July 10, 1990, election on the question of the issuance of bonds. The Revised Exhibit "A" is attached hereto and incorporated herein and made a part of Ordinance No. 10578 for all purposes. SECTION 2. This ordinance shall be, and is hereby, declared to be cumulative of all other ordinances of the City of Fort Worth, and this ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in any such ordinance or ordinances are hereby repealed. SECTION 3. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such holding shall not affect the validity of the remaining portions of this ordinance, and all of the remainder of this ordinance not so held to be unconstitutional shall continue to be in full force and effect. SECTION 4. This ordinance shall take effect and be in full force and effect from and after the date of its passage. Minutes of City Council P-3 Page 112 Ordinance No. 10597 cont. DISTRICT 2 PCT 3061, 3054 3124, 3362 4017 4048 4050 4051 4067 4068 4087 4092 4093 4110 4122 4123 4231 4250 4374 4234 4044* 4372, 411*, 413* 4261 TUESDAY, JUNE 5, 1990 REVISED EXHIBIT "A" POLLING PLACE LOCATION LIST CITY OF FORT WORTH ELECTION JULY 10, 1990 LOCATION Progressive Baptist Church 1702 Carver Ave. 76102 011ie Reed 332-3795 332-5466 Rev. Breedlove 429-5717 Midtown Church of Christ 1701 Oakhurst Scenic Dr. 76111 834-7355 Jack Roe St. Thomas Catholic Church 2920 Azle Ave. Rev. Stepula 624-2184 Ft. Worth Police Sector Hdqt. 2500 N. Houston 76106 870-6609 Washington Heights Elementary School 3215 N. Houston St. 76106 624-3034 Luttrell Bldg. (Rear Entrance) 2200 N.E. 28th St. 76106 624-1081 John Luttrell Denver Avenue Elementary School 1412 Denver Ave. 76106 624-2842 Rosen Heights Baptist Church 2524 Roosevelt Ave. 76106 626-3783 (Henry) Jack Smith Northside Branch Library 601 Park St. 76106 626-8241 Manuel Jara Elementary School 2100 Lincoln Ave. 76106 625-5137 M.H. Moore Elementary School 1809 N.E. 36th St. 76106 626-1931 Northside Multipurpose Center 1901 Harrington 76106 870-7666 Azle Avenue Baptist Church 2901 Azle Avenue 76106 626-5556 Biddy Wrinkle Wesley Community Center 3600 Crump Street Mary Lou Lopez 625-8205 Diamond Hill Jarvis High School 1411 Maydell 76106 626-2866 Fire Station #9 2575 Polaris 838-5908 Parkview Elementary School 6900 Bayberry 76137 , Fire Station No. 31 4209 Longstraw 76137 232-2753 Minutes of City Council P-3 Page 113 113= 11 -4 TUESDAY, JUNE 5, 1990 Ordinance No. DISTRICT 3 10597 cont. 1241 J.P. Moore School 1070, 1186 4212 Belden 76132 1296, 1142 294-2162 1071 & 1377 Lincoln Oaks Apts. 5500 S. Hulen 76132 654-4321 Cindy Mackie 4015 Career Planning Academy 3813 Valentine 76107 738-6641 4276 First Baptist Church WS West 4069* 121 Verna Trl. N. 76108 1111* 246-2171 4369* (Mailing Address - 4255* 7801 White Settlement Rd. 76108) 4118 Ridglea Baptist Church 6037 Calmont 76116 Evelyn Dana 732-4421 4129 Ridglea West Baptist Church 4230 4416 Southwest Blvd 76116 732-2876 Bill Hindman 4130 Southwest Regional Library 4343 4001 Library Ln. 76109 4375-Ovts 782-9853 4342 Ridglea Hill Elementary School 6817 Cumberland Rd. 76117 737-6211 4135 Westridge Baptist Church 9001 Weatherford Hwy. 76116 244-1136 or 244-1117 Larry Todd 4136 Luella Merritt Elementary School 7325 Kermit 76116 737-9898 4163 Westcliff Elementary School 4371 4300 Clay 76109 535-7354 4178 Baptist Radio & T.V. Center 2126 6350 West Freeway 76116 737-4011 x215 Charles Roden 4179 R.D. Evans Recreation Center 3242 Lackland Rd. 76116 731-8789 4203 Western Hill Elementary School 2805 Laredo 76116 244-1482 4239 No Voters DISTRICT 4 2012 East Handley Elementary School 2617 Mims 76112 451-6530 2088 Sagamore Hill Elementary School 701 S. Hughes 76103 536-2632 2099 Handley Meadowbrook Rec. Ctr. 6201 Beaty St. 76112 451-0222 2311 Handley Middle School 2126 2801 Patino Rd. 76112 451-4711 2146 Eastern Hills High School 5701 Shelton St. 76112 451-2814 Minutes of City Council P-3 Page 114 115 TUESDAY JUNE 5 1990 Ordinance No. 2170 Meadowbrook Middle School 10597 cont. 2317 2001 Ederville Rd. 76103 536-2808 2185 Meadowbrook Golf Course Pro Shop 1815 Jenson Rd. 76112 457-4616 Charlie Roberts 2278 Brentwood Bible Church 6917 Brentwood Stair Rd. 76112 531-3215 John Blake 457-2718 Russ Hubbard 2279 Atwood McDonald Elementary School 1850 Barron Ln. 76112 451-8868 3066 Meadowbrook Baptist Church 3201 Purington 76103 536-5656 Ron Mallone 3082 Zion Lutheran Church 3198 1112 Eagle Dr. 76111 838-6151 Kathy Fritfche 3101 Amon G. Carter High School 3301 Yucca Ave. 76111 831-1258 3109 Oakhurst Elementary School 2600 Yucca 76111 838-3111 3151 Fire Station #20 3199* 1051 Woodhaven Blvd 76112 496-9080 3162 Bonnie Brae Elementary School 3363-Ovtr 3600 Fossil Dr. 76111 838-8622 3227 Romans VIII Baptist Church 3175 201 Sandy Lane 3197 Judy Bartlett or Rev. Owen Cain 3388 496-8361 3236 KXAS TV Studio 3900 Barnett 76103 429-1550 Bill Bracken 3277 White Lake School 501 Oakland Blvd. 76103 457-3736 or 457-6736 Jerry Johnson DISTRICT 5 1011 Liberation Church 3540 E. Rosedale 76105 534-7188 or 534-2803 Bryan Stone 1074 YWCA Child Care 3401 Ave. I 76105 536-1731 or 332-6191 (Judy) Joyce Bedrop 1075 F.W. Police Sector Bldg. 1100 Nashville 76105 870-7145 Capt. McDonald 1098 S.S. Dillow Elementary School 4000 Avenue N 76105 535-7354 1106 East Berry Branch Library 4300 E. Berry 76105 536-1945 1127 Martin Luther King Ctr. 5565 Truman Dr. 76112 457-5354 Minutes of City Council P-3 Page 115 11k6 . TUESDAY, JUNE 5, 1990 Ordinance No. 1132 Truevine Baptist Church 10597 cont. 3732 Miller 76119 534-3764 Rev. Crane 1299 Glen Park Elementary School 1149 3601 Pecos St. 76119 536-3600 1297 A.M. Pate Elementary School 1152 3800 Anglin Dr. 76119 1184 534-8362 1188 Dunbar High School 5700 Ramey Ave. 76112 451-9211 1211 Sunrise Elementary School 3409 Stalcup 1346 Dunbar 6th Grade Center 5100 Willie St. 76105 535-0845 2270 Fire Station #24 3100 Handley 76112 451-6406 DISTRICT 6 1004 Westcreek Elementary School 3401 Walton 76133 292-4511 1014 Edgepark United Methodist Church 5616 Crowley Rd. 76134 293-5140 Gary Lindley 1022 St. Matthews Lutheran Church 5709 Old Granbury Rd. 76123 292-1338 Terry Boggs 1024* Precinct One Garage 1034* 800 Oak Grove -Rendon (Hwy. 1187) 1244* 76028 2262* 1085 Rosemont Middle School 1501 W. Seminary_ Dr. 76115 927-5364 1105 Southwest High School 4100 Alta Mesa 76133 292-3915 1119 Westminister Presbyterian Church 1265 7001 Trail Lake Dr. 76133 1347* 292-1155 or 292-7478 1348* 1350* Ovts 1150 E. Ray Elementary 1237 7309 Sheridan Rd. 76140 293-1345 Ruby Walker Beeper #432-0476 for admission to school Principal Bill Gillter 293-1345 1165 South Hills Elementary School 3009 Bilglade 76133 923-4062 1167 Ft. Worth Classroom Teachers Bldg. 1257 6021 Westcreek 76133 294-2282 Jane McGoodwin 1207 Altamesa Church of Christ 1349* 4600 Altamesa 76133 294-1260 Judy or Joyce 1238 Trinity Cumberland Presbyterian Church 7120 W. Cleburne Rd. 76133 292-6149 Carolyn Thompson Minutes of City Council P-3 Page 116 117 rdinance No. 1256 0597 cont. 11 135 1264 1273 1292 1300 1251 1378 DISTRICT 7 3001 3253 4002 4057 4064 4086 4344 4094 4345 4116 4120 4274 4341 4125 4243 4137 4232 4053* 4285 4242* 4373* 4252 Hubbard Elementary School 1333 W. Spurgeon 76115 927-2360 J.T. Stevens Elementary School 6161 Wrigley Way 76133 292-4677 South dills Baptist Church 4800 Merida 924-3253 Southwood Baptist Church 2633 Altamesa 76133 294-5822 Lloyd Taylor Sycamore Elementary School 1601 Country Manor Rd. 76134 293-6033 David Walker Lobby -Civil Courts Bldg. 100 N. Houston 76196 334-1115 Nash Elementary School 401 Samuels 76102 335-9255 Hunter Plaza 200 Burnet 76102 336-0251 Frankie Nunley South Hi -Mount Elementary School 4101 Birchman 76107 737-5434 Trinity Terrace 1600 Texas St. 76102 338-2414 Martha Shook F.W.I.S.D. Admin. Bldg. 3210 W. Lancaster 76107 336-8311 Texas Girls Choir Bldg. 4449 Camp Bowie Blvd. 76107 732-8161 Debi Weir Arlington Heights High School 4501 W. Rosedale 76107 738-6564 North Hi Mount Elementary School 3801 West 7th St. 76107 737-5388 Como Elementary School 4000 Horne St. 76107 738-1905 Trinity Baptist Church 620 Churchill Rd. 76114 732-5566 Jo Kelly School 201 North Bailey 76107 626-0321 Fire Station #13 5333 Lea Crest 76135 237-2688 Lake Worth Management Headquarters 7601 Cahoba Dr. 237-6890 Ralph Cates American Legion Post #626 1125 Burton Hill Rd. 731-3491 Minutes of City Council P-3 Page 117 118 TUESDAY, JUNE 5, 1990 Ordinance No. 4272 Grace Baptist Church 10597 cont. 4113 1650 N. Las Vegas Trl. 76108 4065* 246-6646 Sandy Rankin 4376 Ripley Arnold Apts. 310 N. Cherry St. 76102 335-9307 Lucille Lewis DISTRICT 8 1005 Van Zandt Elementary School 4006 501 Missouri 77104 338-9280 1010 Community Christian Center 1720 E. Vickery 76104 535-0843 Rev. Stewart 1058 Herculean Social Club 1117 E. Hattie 76104 332-5974 or 335-0034, 332-5653 1059 Southside Multipurpose Center 959 E. Rosedale 76104 335-3950 Billy Gray 1073 Senior Citizen Fellowship Center 1601 New York 76104 338-4433 Joan Reiff 1078 Mt. Olive Baptist Church 2951 Evans Ave. 76104 924-3297 Mr. Carr Mr. Walker 923-5332 1079 Pilgrim Rest Baptist Church 960 E. Baltimore 76104 923-4015 or 923-8060 1089 Morningside Elementary 2601 Evans Ave. 76104 927-8489 1080 Greater Harvest Church of God in Christ 2902 Mitchell Blvd. 76105 534-7822 Rev. Richard 1083 Oaklawn Elementary School 3220 Hardeman 76119 536-4630 1090 Progressive Church of God in Christ 1349 E. Baltimore 76104 292-8302 Rev. Johnson 1104 Bradley Center 2608 Timberline 76119 1107 Worth Heights Multipurpose Ctr. 3551 New York 921-5321 1154 Carter Park Elementary School 1204 E. Broadus 76115 923-2194 1291 East St. Paul Baptist Church 1305 Savage 76134 293-5229 Mitchell McEvins 3008 Versia L. Williams Elementary School 901 Baurline 76111 332-6822 3019 Riverside Multipurpose Center 201 S. Sylvania 76111 831-0355 3056 Butler Place (E.S. Senior Citizens) 1201 Luella St. 76102 335-4091 Betty Wilson DISTRICT 9 Minutes of City Council P-3 Page 118 3E�J� TUESDAY, JUNE 5, 1990 rdi nance No. 1062 St. John's Episcopal Church 0597 cont. 1077 2401 College Ave. 76110 927-5341 Linda Dehnisch 1081 University Christian Church 2720 University Dr. 76109 926-6631 Juanita Owens 1096 E.M. Daggett Middle School 1108 Carlock 76110 927-5371 1097 George Clarke Elementary School 3300 S. Henderson 76110 927-2626 1108 Paschal High School 1298 3001 Forest Park Blvd. 76110 926-5463 1117 Bluebonnet Elementary School 3201 South Hills Ave. 76109 924-2385 1133 St. Christopher Episcopal Church 3550 S.W. Loop 820 76133 926-8277 Jerry Davis 1134 B.H. Carroll Bldg. (New Lives) 3908 McCart 76110 926-2453 1155 Rosemont Church of Christ 4041 Ryan Ave. 76115 926-8481 1195 South Fort Worth Elementary School 900 West Fogg 76110 927-2149 1201 Worth Heights Elementary School 519 East Butler 76110 924-5333 1233 Fire Station #10 1288 3209 Hemphill 76110 924-1038 4060 De Zavala Elementary School 1419 College Ave. 76104 927-2756 4076 Lily B. Clayton Elementary School 4095 2000 Park P1. 76110 927-2788 4084 Hemphill Presbyterian Church 4370-Ovtr 1701 Hemphill 76110 924-2607 JoAnn Elsasser 4182 Tanglewood Elementary School 3060 Overton Park Dr. W. 76109 924-1466 M&C OCS-132 Ciairis There was presented Mayor and Council Communication No. OCS-132 from the Office of Liability Bonds the City Secretary recommending that the City Council authorize the acceptance of liability bonds,.as follows: PARKWAY CONTRACTOR'S BOND INSURANCE COMPANY Rafael R. Estrada Western Surety Company Collins Concrete Construction Company Western Surety Company Terry Lambert Western Surety Company Jim Bronstad, Inc. Western Surety Company Brooks Contractors, Inc. Western Surety Company M&C OCS-132 adopted It was the consensus of the City Council that the recommendation be adopted. M&C OCS-133 Claims There was presented Mayor and Council Communication No. OCS-133 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Risk Management Department, as follows: Bob Allyn Rogers 1. Claimant: Bob Allyn Rogers Date Received: May 29, 1990 Date of Incident: March 29, 1990 Location of Incident: 1301 E. Northside Drive Minutes of City Council P-3 Page 119 1�J Bob Allyn Rogers Estimate of Damages/ claim cont. Injuries: $1,074.00 Nature of Incident: Claimant alleges theft of personal property from his automobile while stored at the City • Auto pound. Magdalena Cain 2. Claimant: Magdalena Cain Bowen Bowen Date Received: May 29, 1990 Date of Incident: May 14, 1990 Location of Incident: 800 Texas St. Estimate of Damages/ Injuries: $448.97 - $514.10 Nature of Incident: Claimant alleges damages to her automobile as the result of an accident involving a City -owned vehicle (truck). Ms. Carol Jones 3. Claimant: Ms. Carol Jones Date Received: May 29, 1990 Date of Incident: May 17, 1990 Location of Incident: 1313 E. Seminary Estimate of Damages/ Injuries: $985.00 Nature of Incident: Claimant alleges loss of income and alleged irreparable damage to her business as the result of water in her beauty salon being accidentally turned off due to construction in another area of the City. Lillian Gertrude 4. Claimant: Lillian Gertrude Smith Smith Date Received: May 29, 1990 Date of Incident: May 1, 1990 Location of Incident: In the 6200 Block of Brentwood Drive between 6229 & 6233 Brentwood Drive Estimate of Damages/ Injuries: $122.31 Nature of Incident: Claimant alleges damages to her automobile as the result of street conditions. Carmen A. Guerra 5. Claimant: Carmen A. Guerra Date Received: May 29, 1990 Date of Incident: January 1990 Location of Incident: 726 Parkdale Estimate of Damages/ Injuries: $271.00 Nature of Incident: Claimant alleges damages to property as the result of improper installation of sewer pipes by the City of Fort Worth. Juanita Simmons 6. Claimant: Juanita Simmons Date Received: May 29, 1990 Date of Incident: March 29, 1990 Location of Incident: 2320 Tanneyhill Lane Estimate of Damages/ Injuries: $350.75 - $379.00 Nature of Incident: Claimant alleges damages to her property as the result of actions taken by the Fort Worth Police personnel. United Services 7. Claimant: United Services Automobile Association (Debra Automobile Assoc. Metti ng) ( Debra Metti ng ) Date Received: May 29, 1990 Date of Incident: March 6, 1990 Location of Incident: 1800 block of W. Cooper Estimate of Damages/ Injuries: $773.42 Nature of Incident: Claimant alleges subrogation rights for its insured (Dr. Robert S. Capper) property. James W. Harris _ 8. " Claimant: James W. Harris Date Received: May 25, 1990 Date of Incident: Undeclared Location of Incident: 5224 Dallas Avenue Estimate of Damages/ Injuries: $1,290.00 - $1,600.00 Nature of Incident: Claimant alleges damages to his property as the result of a drainage overflow. Leslie Randolph 9. Cl aimant: Leslie Randolph Prendergrast Prendergrast Date Received: May 24, 1990 Date of Incident: April 5, 1990 Attorney: Mason & Snodgrass (Ronald T. McLain) Location of Incident: 1700 E. Rosedale Estimate of Damages/ Injuries: Undeclared Minutes of City Council P-3 Page 120 1A TUESDAY JUNE 5 1990 eslie Randolph Nature of Incident: Claimant alleges damages and injuries as the rendergrast claim result of an accident involving a City -owned on t. vehicle (water truck). obbie May Hamilton 10. Claimant: Robbie May Hamilton Date Received: May 24, 1990 Date of Incident: Between May 19 and 21, 1990 Location of Incident:. Fort Worth Auto Pound Estimate of Damages/ Injuries: $36.35 Nature of Incident: Claimant alleges theft of personal property from his automobile while stored at the Fort Worth Auto pound. phel i a Harkey and 11. Claimant: Ophel i a Harkey and Eunice Floyd unice Floyd Date Received: May 24, 1990 Date of Incident: May 2, 1990 Location of Incident: 1437 Glasgow Estimate of Damages/ Injuries: $3,350.00 - $5,750.19 Nature of Incident: Claimant alleges damages to property as the result of the City drainage system overflowing into yard and inside home. erry Williams 12. Claimant: Jerry Williams Date Received: May 24, 1990 Date of Incident: May 4, 1990 Location of Incident: Pecan Valley Golf Course Estimate of Damages/ Injuries: $118.00 - $125.00 Nature of Incident: Claimant alleges damages to property as result of a squirrel chewing holes in his golf bag. ani ce M. Roberts 13. Claimant: Janice M. Roberts Date Received: May 24, 1990 Date of Incident: May 1, 1990 Location of Incident: 3521 Madrid Estimate of Damages/ Injuries: $5,000.00 Nature of Incident: Claimant alleges damages to her property as the result of a flood. ichard W. Russell, 14. Claimant: Richard W. Russell, Trustee for Mid -South rustee for Mid- Joint Venture outh Joint Venture Date Received: May 30, 1990 Date of Incident: January 2, 1990 Location of Incident: 4412 Rutland Ave. Estimate of Damages/ Injuries: $6,935.16 Nature of Incident: Claimant alleges damages to its property as the result of a broken water line. ichael L.' Petty 15. Claimant: Michael L. Petty Date Received: May 30, 1990 Date of Incident: May 17, 1990 Location of Incident: 1200 E. Tucker Estimate of Damages/ Injuries: $10,776.00 - $11,330.00 Nature of Incident: Claimant alleges damages to his property as a result of actions taken by Fort Worth Police personnel. ichael L. Petty 16. Claimant: Michael L. Petty Date Received: May 30, 1990 Date of Incident: May 17, 1990 Location of Incident: 1205 E. Tucker Estimate of Damages/ Injuries: $10,776.00 - $11,330.00 Nature of Incident: Claimant alleges damages to his property as a result of actions taken by Fort Worth Police personnel. Kenneth L. Dean 17. Claimant: Kenneth L. Dean Date Received: May 30, 1990 Date of Incident: Undeclared Location of Incident: On Henderson, about 1 block South of Trinity River Bridge Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages to his automobile as a result of actions by a City -owned vehicle. Minutes of City Council P-3 Page 121 �ti IJeanie Ellis Morri son &C OCS-133 adopte &C OCS-134 re Correspondence from members of Alta Mere Bapt. church about Wran- glers topless bar; and Seth Blundell about sale of animals &C G-8614 re Impact fees for astewater and ater 18. Claimant: Date Received: Date of Incident: Attorney: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: TUESDAY, JUNE 5, 1990 Jeanie Ellis Morrison May 25, 1990 March 15, 1990 Dwain Dent Westbound on Western Center Blvd. Excess of $50,000.00 Claimant alleges injuries and damages as a result of malfunctioning signal light. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. OCS-134 from the Office of the City Secretary recommending that correspondence be referred to the Office of the City Manager from concerned members of the congregation of Alta Mere Baptist Church expressing opposition to the opening of the Wranglers topless bar and beer establishment at the intersection of Highway 80 and Ramona Drive, and correspondence from Seth Blundell expressing opposition to the sale of pound animals for research purposes. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. G-8614, dated May 15, 1990, from the City Manager, as follows: SUBJECT: ADOPTION OF WASTEWATER AND WATER IMPACT FEE ORDINANCE RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance establishing impact fees for wastewater and water. DTI;rIIS_qTnN On December 5, 1989, the City Council established the Capital Improvements Plan Advisory Committee whose duties include reviewing and assisting the City in adopting the Land Use Assumptions for water and wastewater service areas. On January 30, 1990, the City Council approved a resolution adopting the Water and Westewater Land Use Assumptions. On February 27, 1990, the City Council approved a resolution calling for a public hearing to consider the Capital Improvements Plan for water and wastewater facilities and the associated impact fees. On March 10, 1990, the City Council held a public hearing to consider the Capital Improvements Plan for water and wastewater facilities; the hearing was recessed and scheduled to be reconvened on May 15, 1990. The public hearing was reconvened prior to the consideration of this M&C. On May 1, 1990, a draft ordinance was introduced to the Pre -Council meeting. IMPACT FEE ORDINANCE: The impact fee ordinance which amends Chapter 35 of the code of the City of Fort Worth by adding Section 35-58.2, applies to all new development within the corporate boundaries of Fort Worth and its extraterritorial jurisdiction ("benefit area"). The ordinance establishes a maximum impact fee assessment per service unit of $839 and $1,285 for water and wastewater facilities respectively, to be assessed as set forth in Schedule 1, an attachment to the ordinance. A second schedule, Schedule 2, is also referenced in the ordinance, which will be the amount of impact fee per service unit which would actually be collected. This allows City Council the flexibility to set impact fees at some amount less than the maximum allowable by law. A new development would be assessed at the time of final platting using Schedule 1 and would pay the fee at the time of building permit is approved using the fees established in Schedule 2. Impact fees collected pursuant to the ordinance must be kept in a separate interest-bearing account and used only to finance projects designated in the Capital Improvements Plan. Procedures for refunds, rebates and relief procedures are described in the ordinance. Senate Bill 336 (codified in Chapter 395, Local Government Code) requires all cities that assess impact fees to revise their ordinance to comply with the statute by June 20, 1990. rs. Walter B. Mrs. Walter B. Barborr, 1904 Bunche Drive, appeared before the City Council in arbour re M&C G- support of the staff's recommendation to the City Council to adopt the maximum impact 614 fee assessment per service unit and requested that the City Council remember the senior citizens and people who are on fixed incomes and not allow an increase in water bills to subsidize new development. Mayor Pro tempore Gilley called attention of the City Council to a resolution adopted by the Mayor's Council of Tarrant County, as follows: Minutes of City Council P-3 Page 122 123 TUESDAY, JUNE 5, 1990 M&C G-8614 cont. MAYORS' COUNCIL Mayors' Council OF of Tarrant County TARRANT COUNTY Resolution RESOLUTION WHEREAS, the City of Fort Worth wholesale water and wastewater customers are concerned about legal, contractual and procedural issues relating to proposed water and wastewater impact fees to be considered by the Fort Worth City Council; and WHEREAS, impact fees have an immediate effect on the economic development of the Fort Worth region; and WHEREAS, the adoption of the proposed impact fees by the Fort Worth City Council will directly affect the "access fees" to be collected from the wholesale customers by Fort Worth; and WHEREAS, the proposed Fort Worth impact/access fees were not made available to the wholesale customers by the Fort Worth staff until the joint Water and Wastewater Advisory Committee meeting on May 30, 1990; and WHEREAS, the Water and Wastewater Advisory Committee has not officially formulated a recommendation to the Council concerning these impact fees; NOW, THEREFORE, it is resolved that the Mayors' Council recommends that the Fort Worth City Council delay action regarding water and wastewater impact/access fees which affect the wholesale water and wastewater customers until after December 1, 1990, thereby offering said wholesale water and wastewater customers an opportunity to complete an analysis of the legal, contractual and monetary issues of these fees. /S/ Virgil R. Anthony, Sr. Virgil Anthony, Sr., Chairman Mayors' Council of Tarrant County ATTEST: /S/ Laverne Thomas M&C G-8614 cont. Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that until June 12, the City Council adopt the ordinance with the exception of Paragraph 2.03.b and 1990 Paragraph 3.03b and delay the issue until next week for the City Council to adopt the rate. When the motion was put to a vote by the Mayor, it prevailed unanimously. (See subsequent reconsideration.) 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 Meadows. 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, Meadows, Webber, and Chappell NOES: None ABSENT: Council Member Zapata Ordinance No. 10598 The ordinance, as adopted, is as follows: ORDINANCE NO. 10598 AN ORDINANCE AMENDING CHAPTER 35, "WATER AND SEWER", OF THE CITY CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY PROVIDING FOR AND ESTABLISHING WATER AND WASTEWATER IMPACT FEES; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES AND PROVISIONS OF THE CODE OF THE CITY OF FORT WORTH IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Whereas, the City Council of the City of Fort Worth, Texas deems it necessary and proper and in the best interests of the citizens of Fort Worth to promote the safe, orderly and healthful development of land; and Whereas, the continued substantial economic growth within the City has placed and continues to place an increased burden on the City's water and wastewater treatment plants; and Whereas, the City Council of the City of Fort Worth must strive to provide long-range solutions to the water and wastewater needs of the citizens of the City of Fort Worth; and Whereas, the City Council of the City of Fort Worth, in adopting this ordinance, has met all requirements of Chapter 395 of the Texas Local Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Minutes of City Council P-3 Page 123 1O4 TUESDAY, JUNE 5, 1990 Ordinance No. That Chapter 35 of the Code of the City of Fort Worth, Texas (1986), as 10598 cont. amended, is hereby amended by adding Section 35-58.2, entitled "Water and Wastewater Impact Fees", and shall be and read as follows: SECTION 1. Article 1. General Provisions § 1.01. Short Title This Chapter shall be known and cited as the Fort Worth Impact Fee Chapter. § 1.02. Purpose This Chapter is intended to assure the provision of adequate public facilities to serve new development in the City by requiring each such development to pay its pro rata share of the costs of capital improvements necessitated by and attributable to such new development. § 1.03. Authority This Chapter is adopted pursuant to Tex. Local Gov't. Code Ch. 395 (Vernon 1990 Supp.) (SB336) and pursuant to the Fort Worth City Charter. The provisions of this Chapter shall not be construed to limit the power of the City to utilize other methods authorized under state law or pursuant to other City powers to accomplish the purposes set forth herein, either in substitution for or in conjunction with this Chapter. § 1.04. Definitions (1) Advisory Committee means the City's Capital Improvements Plan Advisory Committee, originally appointed by Resolution No. 1487. (2) Assessment means the determination of the amount of the maximum impact fee per service unit which can be imposed on new development pursuant to this Chapter. (3) Benefit area means either a water benefit area established pursuant to Article 2 of this chapter or a wastewater benefit area established pursuant to Article 3 of this chapter, within the City and the City's extraterritorial jurisdiction, within which impact fees for capital improvements or facility expansions will be • collected for new development occurring within such area and within which fees so collected will be expended for those improvements or expansions identified in the capital improvements plan applicable to the benefit area for that category of capital improvement. (4) Capital improvement means either a water facility or a wastewater facility, with a life expectancy of three or more years, to be owned and operated by or on behalf of the City. (5) City means the City of Fort Worth, Texas. (6) Credit means the amount determined under this Chapter by which a wastewater impact fee is reduced as a result of the payment of wastewater system access fees imposed pursuant to section 35-58.1 of the City Code by a new development prior to the effective date of this ordinance. Credit does not include a reduction in the amount of an impact fee due for payment of connection charges pursuant to section 35-57 of the City Code or for payment of front foot charges pursuant to section 35-58 of the City Code. (7) Facility expansion means either a water facility expansion or a wastewater facility expansion. (8) Final plat recordation means the filing of the final plat with Tarrant County following compliance with all conditions of approval pursuant to the City's subdivision regulations. (9) Impact fee means either a fee for water facilities or a fee for wastewater facilities imposed on new development by the City pursuant to this Chapter in order to generate revenue to fund or recoup the costs of capital improvements or facility expansion necessitated by and attributable to such new development. Impact fees do not include the dedication of rights-of-way or easements for such facilities, or the construction of such improvements. Impact fees also do not include connection charges imposed pursuant to section 35-57 of the City Code or front footage charges for wastewater and water lines imposed pursuant to section 35-58 of the City Code. (10) Impact fee capital improvements plan means either a water capital improvements plan or a wastewater capital improvements plan adopted or revised pursuant to this Chapter. Minutes of City Council P-3 Page 124 125 TUESDAY, JUNE 5, 1990 Ordinance No. (11) Land use assumptions means the projections of population and 10598 cont. employment growth within the benefit area adopted by the City, as may be amended from time to time, upon which the capital improvements plans are based. (12) New development means a project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of the use of land; any of which has the effect of - increasing the requirements for capital improvements or facility expansions, measured by the number of service units to be generated by such activity, and which requires either the approval of a plat pursuant to the City's subdivision regulations, the issuance of a building permit, orconnection to the City's water or wastewater system and which has not been exempted from compliance with these regulations by provisions herein or by schedules attached hereto. (13) Plat means the plan or map for the subdivision to be filed for record in Tarrant County. Plat includes replat. (14) Platting means the act of preparing for approval and processing the plan or map for the subdivision to be filed for record in Tarrant County, pursuant to the City's subdivision regulations. Platting includes replatting. (18) Utility connection means the physical connection of the new development to the City's water system or to the City's wastewater system. (19) Wastewater facility means land or easements and improvements associated with wastewater treatment facilities, whether or not such facilities are owned and operated by the City or in behalf of the City. Wastewater facility excludes wastewater collection mains and facilities. (20) Wastewater facility expansion means the expansion of the capacity of any existing wastewater facility for the purpose of serving new development, but does not include the repair, maintenance, modernization, or expansion of an existing wastewater facility to serve existing development. (21) Wastewater capital improvements plan means the adopted plan, as may be amended from time to time, whichidentifies the wastewater facilities or wastewater facilities expansions and their associated costs which are necessitated by and which are attributable to new development, for a period not to exceed 10 years, and which are to be financed in whole or in part through the imposition of wastewater impact fees pursuant to this Chapter. (22) Water facility means land or easements or improvements associated with water treatment facilities, water storage, and water pumping facilities. Water facility excludes water distribution mains and facilities. (23) Water facility expansion means the expansion of the capacity of any existing water facility for the purpose of serving new development, but does not include the repair, maintenance, modernization, or expansion of an existing water improvement to serve existing development. (24) Water capital improvements plan means the adopted plan, as may be amended from time to time, which identifies the water facilities or water facilities expansions and their associated costs which are necessitated by and which are attributable to new development, for a period not to exceed 10 years, and which are to be financed in whole or in part through the imposition of water impact fees pursuant to this Chapter. Minutes of City Council P-3 Page 125 (15) Property owner means any person, group of persons, firm, corporation, or any other legal entity have legal title to or sufficient proprietary interest in the property on which new development is to occur. Property owner includes the developer for the new development. (16) Recoupment means the imposition of an impact fee to reimburse the City for capital improvements which the City has previously oversized to serve new development. (17) Service unit means one equivalent meter unit, which is the standardized measure of consumption, use or generation of wastewater or water facilities equivalent to the consumption, use or generation of such facilities attributable to a single-family dwelling unit utilizing a 3/4" water meter. (18) Utility connection means the physical connection of the new development to the City's water system or to the City's wastewater system. (19) Wastewater facility means land or easements and improvements associated with wastewater treatment facilities, whether or not such facilities are owned and operated by the City or in behalf of the City. Wastewater facility excludes wastewater collection mains and facilities. (20) Wastewater facility expansion means the expansion of the capacity of any existing wastewater facility for the purpose of serving new development, but does not include the repair, maintenance, modernization, or expansion of an existing wastewater facility to serve existing development. (21) Wastewater capital improvements plan means the adopted plan, as may be amended from time to time, whichidentifies the wastewater facilities or wastewater facilities expansions and their associated costs which are necessitated by and which are attributable to new development, for a period not to exceed 10 years, and which are to be financed in whole or in part through the imposition of wastewater impact fees pursuant to this Chapter. (22) Water facility means land or easements or improvements associated with water treatment facilities, water storage, and water pumping facilities. Water facility excludes water distribution mains and facilities. (23) Water facility expansion means the expansion of the capacity of any existing water facility for the purpose of serving new development, but does not include the repair, maintenance, modernization, or expansion of an existing water improvement to serve existing development. (24) Water capital improvements plan means the adopted plan, as may be amended from time to time, which identifies the water facilities or water facilities expansions and their associated costs which are necessitated by and which are attributable to new development, for a period not to exceed 10 years, and which are to be financed in whole or in part through the imposition of water impact fees pursuant to this Chapter. Minutes of City Council P-3 Page 125 Ordinance No. § 1.05. Applicability 10598 The provisions of this Chapter apply to all new development within the corporate boundaries of the City and its extraterritorial jurisdiction which lies within the benefit area. The provisions of this Chapter apply uniformly within each benefit area. § 1.06. Impact Fee as Condition of Development Approval No final plat or replat for new development shall be approved within the benefit area for recording without assessment of an impact fee pursuant to this Chapter, and no building permit shall be issued nor shall any utility connection be made until the applicant has paid the impact fee imposed by and calculated herein. § 1.07. Land Use Assumptions a. The land use assumptions for water facilities are attached hereto as Exhibit A and are incorporated herein by reference. b. The land use assumptions for wastewater facilities are attached hereto as Exhibit B and are incorporated herein by reference. c. The land use assumptions for the benefit area shall be updated utilizing the amendment procedure set forth in § 1.18. § 1.08. Impact Fees per Service Unit a. Maximum impact fees per service unit shall be calculated for wastewater facilities within the wastewater benefit area and for water facilities within the water benefit area and shall be the amount set forth in schedule 1, attached hereto and made a part of this Chapter by reference. b. The impact fee per service unit for each category of capital improvements, which is to be paid by each new development within the benefit area, shall be that established by the City Council, as may be amended from time to time, and shall be not more than the maximum impact fee per service unit established in subsection (a). Impact fees which are to be paid shall be as set forth in schedule 2, attached hereto and made a part of this Chapter by reference. c. Impact fee schedules 1 and 2 may be amended from time to time utilizing the amendment procedure set forth in § 1.18. § 1.09. Assessment of Impact Fees a. Assessment of the impact fee for any new development shall be made as follows: (1) For a development which is submitted for approval pursuant to the City's subdivision regulations following the effective date of this Chapter, assessment shall occur at the time of final plat recordation, and shall be the amount of the maximum impact fee per service unit then in effect, as set forth in schedule 1. The City, in its sole discretion, may provide the subdivider with a copy of schedule 1 prior to final plat approval, but such shall not constitute assessment within the meaning of this Chapter. (2) For a development which has received final plat approval prior to the effective date of this Chapter, for which no replatting is necessary prior to issuance of a building permit, and which plat has been recorded with Tarrant County, or for lots which predate the City's subdivision regulations and which are exempt from platting requirements, assessment shall occur on the effective date of this ordinance, and shall be the amount of the maximum impact fee per service unit set forth in Schedule 1. b. Following assessment of the impact fee for a new development pursuant to subsection (a), the amount of the impact fee per service unit for that development cannot be increased, unless the owner proposes to change the approved development by the submission of a new application for final plat approval, in which case the impact fee will be reassessed at the Schedule 1 rate then in effect. § 1.10. Computation and Collection of Impact Fees a. The impact fees due for the new development shall be collected prior to or at the time of issuance of the building permit or prior Minutes of City Council P-3 Page 126 12 TUESDAY, JUNE 5, 1990 Ordinance No. to or at the time of connection to the City's water or wastewater 10598 cont. system, whichever occurs first, unless an agreement has been executed between the property owner and the City providing for a different time of payment. b. Following the filing and acceptance of an application for a building permit or the request for connection to the City's water or wastewater system, the City shall compute the impact fees due for the new development in the following manner: (1) The amount of each impact fee due shall be determined by multiplying the number of service units generated by the new development by the impact fee due per service unit for the benefit area using schedule 2. The number of service units shall be determined by using the conversion table contained in the impact fee capital improvements plan. (2) The amount of each impact fee due shall be reduced by any allowable credits for that category of capital improvements, in the manner provided in Section 1.12. c. The amount of each impact fee due for a new development shall not exceed an amount computed by multiplying the maximum impact fee per service unit under Schedule 1 by the number of service units generated by the development. d. If the building permit for which an impact fee has been paid has expired, and a new application is thereafter filed, the impact fees due shall be computed using schedule 2 then in effect, and previous payments of impact fees shall be credited against the new fees due. e. Whenever the property owner proposes to increase the number of service units for a development, the additional impact fees collected for such new service units shall be determined by using Schedule 2 then in effect, and such additional fee shall be collected either prior to or at the time of issuance of a new building permit, or prior to or at the time of the connection to the City's water or wastewater system, or enlargement of such connection. § 1.11. Suspension of Fee Collection a. For any new development which has received final plat approval in accordance with Tex. Local Government Code ch. 212, or pursuant to the City's subdivision regulations, or for which an application for final approval has been made, prior to the effective date of this Chapter, the City may assess, but shall not collect any water impact fee as herein defined, on any service unit for which a valid building permit is issued within one year subsequent to the effective date of this Chapter. b. If the building permit, which is obtained within the period provided for in subsection (a) subsequently expires, and no new application for a building permit is approved within such period, the new development shall be subject to the payment of an impact fee, as provided in § 1.10. § 1.12. Credits Against Impact Fees A property owner who has paid a wastewater system facility access fee may reduce the amount of a wastewater impact fee due for a new development on that lot or tract by the amount of the access fee paid, following written request and approval by the City, provided that no construction has occurred on the lot or tract and that no utility connection has been made. § 1.13. Establishment of Accounts a. The City shall establish an account to which interest is allocated for each benefit area for each type of capital facility for which an impact fee is imposed pursuant to this Chapter. Each impact fee collected within the benefit area shall be deposited in such account. b. Interest earned on the account into which the impact fees are deposited shall be considered funds of the account and shall be used solely for the purposes authorized in § 1.14. C* The City shall establish adequate financial and accounting controls to assure that impact fees disbursed from the account are utilized solely for the purposes authorized in § 1.14. Disbursement of funds shall be authorized by the City at such times as are reasonably necessary to carry out the purposes and intent of this Chapter; provided, however, that funds shall be expended within a Minutes of City Council P-3 Page 127 1 TUESDAY, JUNE 5, 1990 Ordinance No. reasonable period of time, but not to exceed ten (10) years from 10598 cont. 11 the date that an impact fee has been paid. d. The City shall maintain and keep financial records for impact fees, which shall show the source and disbursement of all fees collected in or expended from each benefit area. The records of such accounts shall be open for public inspection and copying during ordinary business hours. § 1.14. Use of Proceeds of Impact Fee Accounts a. The impact fees collected for each benefit area pursuant to this Chapter may be used to finance or to recoup the costs of any capital improvements or facility expansion identified in the applicable capital improvements plan for the benefit area, including but not limited to the construction contract price, surveying and engineering fees, land acquisition costs (including land purchases, court awards and costs, attorney's fees, and expert witness fees). Impact fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the City to finance such capital improvements or facility expansion. b. Impact fees collected pursuant to this ordinance shall not be used to pay for any of the following expenses: (1) construction, acquisition or expansion of capital improvements other than those identified in the applicable capital improvements plan; (2) repair, operation, or maintenance of any capital improvements or facility expansion; (3) upgrade, expansion or replacement of existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards; (4) upgrade, expansion or replacement of existing capital improvements to provide better service to existing development; provided, however, that impact fees may be used to pay the costs of upgrading, expanding or replacing existing capital improvements in order to meet the need for new capital improvements generated by new development; or (5) administrative and operating costs of the City. § 1.15. Appeals a. The property owner or applicant for new development may appeal the following decisions to the City Council: (1) the applicability of an impact fee to the development; (2) the amount of the impact fee due; (3) the denial of or determination of the amount of a credit; (4) the application of a credit against an impact fee due; (5) the amount of a refund due, if any. b. The burden of proof shall be on the appellant to demonstrate that the amount of the fee or the amount of the credit was not calculated according to the applicable schedule of impact fees or the guidelines established for determining credits. c. The appellant must file a written notice of appeal with the City within thirty days following the decision. The development application may be processed while the appeal is pending, if the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the City Attorney in an amount equal to the original determination of the impact fee due. § 1.16. Refunds a. Upon application, any impact fee or portion thereof collected pursuant to this Chapter, which has not been expended within the benefit area within 10 years from the date of payment, shall be refunded, upon application, to the record owner of the property for which the impact fee was paid or, if the impact fee was paid by another governmental entity, to such governmental entity, together with interest calculated from the date of collection to the date of refund at the statutory rate as set forth in Article 1.03, Title 79, Revised Statutes (Article 5069-1.03, Vernon's Texas Civil Statutes), or its successor statute. An impact fee shall be considered as expended on a first -in, first -out basis. b. An impact fee collected pursuant to this Chapter shall also be considered expended if, within ten years following the date of Minutes of City Council P-3 Page 128 102,9, TUESDAY, JUNE 5, 1990 Ordinance No. payment, the total expenditures for capital improvements or 10598 cont. facility expansion authorized in § 1.14 within the benefit area exceeds the total fees collected within the benefit area for such improvements or expansions during such period. c. If a refund is due pursuant to subsections (a) and (b), the City shall divide the difference between the amount of expenditures and the amount of the fees collected by the total number of service units assumed within the benefit area for the period to determine the refund due per service unit. The refund to the record owner shall be calculated by multiplying the refund due per service unit by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount. d. Upon completion of all the capital improvements or, facility expansion identified in the capital improvements plan for the benefit area, the City shall recalculate the maximum impact fee per service unit using the actual costs for the improvements or expansions. If the maximum impact fee per service unit based on actual cost is less than the impact fee per service unit paid, the City shall refund the difference, if such difference exceeds the impact fee paid per service unit by more than 10%. If the difference is less than 10%, no refund shall be due. The refund to the record owner shall be calculated by multiplying such difference by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount. § 1.17. Rebate If the building permit for a new development for which an impact fee has been paid has expired, no utility connections for that category of capital improvements have been made to the development, and a modified or new application has not been approved within six months of such expiration, the City shall, upon written application, rebate the amount of the impact fee to the record owner of the property for which the impact fee was paid. If no application for rebate pursuant to this subsection has been filed within this period, no rebate shall become due. 11 § 1.18. Updates to Plan and Revision of Fees a. The City shall update its land use assumptions and capital improvements plans at least every 3 years, commencing from the date of adoption of such plans, and shall recalculate the impact fees based thereon in accordance with the procedures set forth in Texas Local Gov't Code, Ch. 395, or in any successor statute. b. The City may review its land use assumptions, capital improvements plans, impact fees and other factors such as market conditions more frequently than provided in subsection (a) to determine whether the land use assumptions and capital improvements plans should be updated and the impact fee recalculated accordingly, or whether Schedules 1 or 2 should be changed. c. If, at the time an update is required pursuant to subsection (a), the City Council determines that no change to the land use assumptions, capital improvements plan or impact fee is needed, it may dispense with such update by following the procedures in Texas Local Gov't Code, section 395.0575. § 1.19. Use of Other Financing Mechanisms a. The City may finance capital improvements or facility expansion designated in the capital improvements plan through the issuance of bonds, through the formation of public utility districts or other assessment districts, or through any other authorized mechanism, in such manner and subject to such limitations as may be provided by law, in addition to the use of impact fees. b. Except as herein otherwise provided, the assessment and collection of an impact fee shall be additional and supplemental to, and not in substitution of, any other tax, fee, charge or assessment which is lawfully imposed on and due against the property. § 1.20. Impact Fee as Additional and Supplemental Regulation Impact fees established by this Chapter are additional and supplemental to, and not in substitution of, any other requirements imposed by the City on the development of land, the issuance of building permits, or the connection of utilities. Such fee is intended to be consistent with and to further the policies of City's comprehensive land use plan, the capital improvements plan, the zoning ordinance, subdivision regulations and other City policies, Minutes of City Council P-3 Page 129 1q J TUESDAY, JUNE 5, 1990 Ordinance No.II ordinances and resolutions by which the City seeks to ensure the provision of 10598 cont. adequate public facilities in conjunction with the development of land. § 1.21. Relief procedures a. Any person who has paid an impact fee or an owner of land upon which an impact fee has been paid may petition the City Council to determine whether any duty required by this ordinance, other than those matters which may be appealed pursuant to section 1.15, has not been performed within the time so prescribed. The petition shall be in writing and shall state the nature of the unperformed duty and request that the duty be performed within sixty days of the request. If the City Council determines that the duty is required pursuant to the ordinance and is late in being performed, it shall cause the duty to commence within 60 days of the date of the request and to continue until completion. b. The City Council may grant a variance from any requirement of this ordinance, upon written request by a property owner subject to the ordinance, following a public hearing, and only upon finding that a strict application of such requirement would, when regarded as a whole, result in confiscation of the property. c. If the City Council grants a variance that reduces the amount of the impact fee due for a new development under this Chapter, it shall cause to be appropriated from other City funds the amount of the reduction in the impact fee and deposit such funds in the account for the benefit area in which the property is located. § 1.22. Exemption from Ordinance. Any building permit application which was duly accepted for filing prior to the effective date of this Chapter and which is subsequently granted, shall be exempt from the assessment and payment of an impact fee, unless such application thereafter expires. Article 2. Water Facilities Impact Fees § 2.01. Water Benefit Area a. There is hereby established a water benefit area, constituting the City and its extraterritorial jurisdiction, as depicted on Exhibit C attached hereto and incorporated herein by reference. b. The boundaries of the water benefit area may be amending from time to time, or new water benefit areas may be delineated, pursuant to the procedures in § 1.18. § 2.02. Water Capital Improvements Plan a. The Water Improvements Plan for the City of Fort Worth is hereby adopted as Exhibit D attached hereto and incorporated by reference herein. b. The Water Improvements Plan may be amended from time to time, pursuant to the procedures in § 1.18. § 2.03. Water Facilities Impact Fees a. The maximum impact fees per water meter for water facilities are hereby adopted and incorporated in Schedule 1 attached hereto and made a part hereof by reference. b. The impact fees per service unit for water facilities, which are to be paid by each new development, are hereby adopted and incorporated in Schedule 2 attached hereto and made a part hereof by reference. C. The impact fees per service unit for water facilities may be amended from time to time, pursuant to the procedures in § 1.18. § 2.04. Enlargement of Connection by Existing Development If the property owner of any existing development within the benefit area requests enlargement of a water meter presently serving the development, and no new development is to occur on the property, the owner shall pay the fee prescribed by section 1.10 for the increase in size of the meter prior to installation of the enlarged meter. § 2.05. New Connection by Existing Development If any existing development within the benefit area presently utilizes a water well, a septic tank, or an individual waste disposal system and the property owner requests to be connected to the City's water system, the Minutes of City Council P-3 Page 130 131 TUESDAY, JUNE 5, 1990 rdinance No. customer shall pay the fee prescribed by section 1.10 prior to connection to 0598 cont. 11 such system. § 2.06. Prior Code Provisions After June 20, 1990, no front footage charges shall be collected for connection to City -installed water lines or mains. § 3.01. Article 3. Wastewater Facilities Impact Fees Wastewater Benefit Area a. There is hereby established a wastewater benefit area, constituting the City and its extraterritorial jurisdiction, as depicted on Exhibit E attached hereto and incorporated herein by reference. b. The boundaries of the wastewater benefit area may be amended from time to time, or new wastewater benefit areas may be delineated, pursuant to the procedures in § 1.18. § 3.02. Wastewater Capital Improvements Plan a. The Wastewater Improvements Plan for the City of Fort Worth is hereby adopted as Exhibit F attached hereto and incorporated by reference herein. b. The Wastewa"ter Improvements Plan may b -e amended from time to time, pursuant to the procedures in § 1.18. § 3.03. Wastewater Facilities Impact Fees a. The maximum impact fees per water meter for wastewater facilities are hereby adopted and incorporated in Schedule 1 attached hereto and made a part hereof by reference. b. The impact fees per service unit for wastewater facilities, which are to be paid by each new development, are hereby adopted and incorporated in Schedule 2 attached hereto and made a part hereof by reference. c. The impact fees per service unit for wastewater facilities may be amended from time to time, pursuant to the procedures in § 1.18. § 3.04. Enlargement of Connection by Existing Development , If the property owner of any existing development within the benefit area requests enlargement of a water meter presently serving the development, and no new development is to occur on the property, the owner shall pay the fee prescribed by section 1.10 for the increase in size of the meter prior to installation of the enlarged meter. § 3.05. New Connection by Existing Development If any existing development within the benefit area presently utilizes a water well, a septic tank, or an individual waste disposal system and the property owner requests to be connected to the City's wastewater system, the customer shall pay the fee prescribed by section 1.10 prior to connection to such system. Prior Code Provisions § 3.06. Prior Code Provisions With respect to the providing of retail wastewater services within the corporate limits of the city, this Chapter replaces and supercedes those provisions for payment of wastewater system facility access fees pursuant to section 35-58.1 of the City Code. After the effective date of this ordinance, all retail wastewater system facility impact fees shall be imposed on or collected from a new development subject to this Chapter. After June 20, 1990, no front foot charges shall be collected for connection to City -installed wastewater lines and mains. (See subsequent reconsideration.) &C G-8644 re There was presented Mayor and Council Communication No. G-8644 from the City its In The Park Manager stating that Downtown Fort Worth, Inc., will present Arts In The Park on Wednesday,. July 4, 1990, in Burnett Park; that the Fort Worth Symphony Orchestra will perform at this free event along with other local entertainers; that, to ensure the safety of the participants and spectators Downtown Fort Worth, Inc., requests approval to temporarily close Lamar Street from 7th to 10th Streets, 7th Street from Cherry to Lamar Streets, and 10th Street from Lamar to Burnett Streets; and recommending that the City Council approve the request of Downtown Fort Worth, Inc., for the temporary closure of Lamar Street from 7th to 10th Streets, 7th Street from Cherry to Lamar Streets, and 10th Street from Lamar to Burnett Streets on Wednesday, July 4, 1990, from 8:00 a.m. until 11:00 p.m. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council P-3 Page 131 11 q- rV TUESDAY, JUNE 5, 1990 M&C G-8645 re There was presented Mayor and Council Communication No. G-8645 from the City First united Manager stating that First United Methodist Church will be having its annual financial Methodist Church drive on Monday, October 1, 1990; that the Fort Worth Symphony Orchestra will perform financial drive and tents will be erected on 5th Street to serve refreshments to the expected 1,200 guests; that, to ensure the safety of guests, First United Methodist Church is requesting City Council approval to temporarily close 5th Street from Macon to Henderson Streets on Monday, October 1, 1990, from 10:00 a.m. until 8:30 p.m.; that First United Methodist Church will provide a certificate of liability insurance and necessary standard barricades; and recommending that the City Council approve the request of First United Methodist Church for the temporary closure of 5th Street from Macon to Henderson on Monday, October 1, 1990, from 10:00 a.m. until 8:30 p.m. It was the consensus of the City Council that the recommendation be adopted. M&C G-8646 re There was presented Mayor and Council Communication No. G-8646 from the City American Paint Manager stating that the Public Events Department entered into an agreement in January Horse Association 1990 with American Paint Horse Association to host its World Championship Show; that World Championship this will require "stalling" up to 700 horses in the livestock barns on the south side Show of the 3200, 3300, and 3400 blocks of Crestline; that, to facilitate the safe movement of these horses to the show arenas within Will Rogers Memorial Center, the Public Events Department is requesting the closure of Crestline Road from Gendy Street to Harley Street (through Will Rogers Complex) from Thursday, July 5, through Monday, July 16, 1990; and recommending that the City Council approve the request of the Public Events Department to temporarily close Crestline Road between Gendy Street and Harley Street for the American Paint Horse Association World Championship Show from July 5 through July 16, 1990. It was the consensus of the City Council that the recommendation be adopted. M&C G-8647 re There was presented Mayor and Council Communication No. G-8647 from the City International Manager stating that the Public Events Department entered into an agreement in January Arabian Horse 1990 with Region IX Arabian Horse Club to host its Championship Show; that this will Association require "stalling" up to 300 horses in the livestock barns on the south side of the Region IX Champion 3200, 3300, and 3400 blocks of Crestline; that, to facilitate the safe movement of ship Show these horses to the show arenas within Will Rogers Memorial Center, the Public Events Department is requesting the closure of Crestline Road from Gendy Street to Harley Street (through Will Rogers Complex) from Monday, June 11, 1990, through Monday, June 18, 1990; and recommending that the City Council approve the request of the Public Events Department to temporarily close Crestline Road between Gendy Street and Harley Street for the International Arabian Horse Association Region IX Championship Show from June 11, 1990, through June 18, 1990. It was the consensus of the City Council that the recommendation be adopted. M&C G-8648 re There was presented Mayor and Council Communication No. G-8648 from the City diposal of public Manager stating that records belonging to the Office of Management Services have been records targeted for disposition; that procedures for disposal of public records outlined in City of Fort Worth Administrative Regulation 1-30 were followed; that the requests to dispose of records were reviewed and approved by Law, Internal Audit, Risk Management departments, and the Office of Management Services prior to submission to the Texas State Library; and recommending that the City Council approve the disposal of public records, as follows: RECORDS TITLE DATES VOLUME Legislative Affairs 1.02 Issue Files 1977-79, 1981 37.5 cu. ft. Legislative Bills 1981, 1982-84 3.87 Financial Records 1977-79 Office of Utilities Supervision General Files 1970-76 Assorted Utility and 1930-72 Utility -related records M&C G-8648 adoptedll It was the consensus of the City Council that the recommendation be adopted. M&C G-8649 re There was presented Mayor and Council Communication No. G-8649 from the City transfer of funds Manager requesting that funds be budgeted to administer the HUD Urban Homesteading and Local Urban Homesteading Programs during CDBG Year XVI (June 1, 1990, to May 31, 1991) through which FHA repossessed or privately donated houses are available to provide homeownership opportunities for eligible families; stating that funds are available in Grant Fund 76, Project No. 206080-21, and Grant Fund 76, Project No. 206080-15; and recommending that the City Manager be authorized to transfer $43,659.00 from the CDBG Year XI Innovative Housing Account No. 76-206080-21 to the new Urban Homestead Administration (Year XVI) Account No. 76-206080-15; and authorize application of indirect cost rates in accordance with the City's Administrative Regulation 3-15 (apply the 1989-1990 rate of 18.73 percent which represents the most recently approved rate for this department) and apply the new approved indirect cost rate when available. It was the consensus of the City Council that the recommendation be adopted. M&C G-8650 reThere was presented Mayor and Council Communication No. G-8650 from the City Pas tusek Ind u- ; Manager stating that a state -designated enterprise project can receive benefits such as s tries a refund of certain state sales tax up to $250,000.00 per year based on the number of new positions filled by residents of an enterprise zone or economically disadvantaged persons; that applications must compete with nominations from throughout the state and only 25 project designations are granted per year; that the only enterprise project in Minutes of City Council P-3 Page 132 i 13 M&C G8650 cont. the Metroplex is Tandy Corporation in the North Enterprise Zone; that Pastusek Industries proposes to renovate structures and begin operations at two sites in the South Enterprise Zone (Oakbrook Mall and Advantage Business Park); that a preliminary application must be submitted to the Texas Department of Commerce by June 8 which permits the Commerce staff to review the application and identify any additional documentation needed before the final application deadline of July 2; and recommending that the City Council: 1. Adopt the attached resolution which makes the following findings: A. Pastusek Industries is a "qualified business" under Section 3(a)(10) of the Texas Enterprise Zone Act since it will engage in the active conduct of a trade or business in the Zone and at least 25 percent of the business employees will be residents of a Zone within the City or economically disadvantaged individuals; B. Pastusek Industries will be operating in the South Enterprise Zone which has an unemployment rate exceeding one and one-half (1-1/2) times the state unemployment rate; C. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the South Enterprise Zone; and D. The designation of Pastusek Industries as an enterprise project will contribute significantly to the achievement of the plans of the city for the development and revitalization of the South Enterprise Zone. 2. Authorize the City Manager to submit an application to the Texas Department of Commerce for designation of Pastusek Industries as an Enterprise Project. M&C G-8650 adopted On motion of Council Member Webber, seconded by Mayor Pro tempore Gilley, the recommendations were adopted. Introduced a Council Member Webber introduced a resolution and made a motion that it be adopted. Resolution The motion was seconded by Mayor Pro tempore Gilley. 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, Meadows, Webber, and Chappell NOES: None ABSENT: Council Member Zapata The resolution, as adopted, is as follows: Resolution No. II RESOLUTION NO. 1535 1535 A Resolution of the City Council of the City of Fort Worth, Texas Nominating a Qualified Business For Designation as an Enterprise Project WHEREAS, the City Council of the City of Fort Worth has recognized the importance of economic development to the City; and WHEREAS, the City Council of the City of Fort Worth adopted Resolution 1343 on August 9, 1988, designating an area within the City as the "Fort Worth South Enterprise Zone" which has an unemployment rate greater than 1.5 times the state unemployment rate; and WHEREAS, on August 30, 1988, the Texas Department of Commerce designated the Fort Worth South Enterprise Zone pursuant to the Texas Enterprise Zone Act; and WHEREAS, Pastusek Industries has applied to the City for designation as an enterprise project pursuant to the Texas Enterprise Zone Act; and WHEREAS, Pastusek Industries is currently renovating structures for a manufacturing operation at Advantage Business Park and Oakbrook Mall in the Fort Worth South Enterprise Zone; and WHEREAS, Pastusek Industries' facilities in the South Enterprise Zone will not cause any displacement of businesses or homes, but rather will bring up to 500 jobs to the City of Fort Worth and the Fort Worth South Enterprise Zone; and WHEREAS, Pastusek Industries has demonstrated a willingness to negotiate or cooperate in the achievement of the purposes of the Texas Enterprise Zone Act; and Minutes of City Council P-3 Page 133 TUESDAY, JUNE 5, 1990 Resolution No. WHEREAS, the City finds that it is in the best interests of the City to 1535 cont. nominate Pastusek Industries as an enterprise project pursuant to the Act; and WHEREAS, the City Council of the City of Fort Worth finds that Pastusek Industries meets the criteria for designation as an enterprise project under Section 10(c) of the Texas Enterprise Zone Act on the following grounds: 1. Pastusek Industries is a "qualified business" under Section 3(a)(10) of the Act since it will be engaged in the active conduct of a trade or business in the Fort Worth South Enterprise Zone and at lease 25 percent of the business employees in the zone will be residents of Fort Worth Enterprise Zones or economically disadvantaged individuals, and if the business should expand in the Fort Worth South Enterprise Zone after designation as an enterprise project, it will hire residents of the Enterprise Zones or economically disadvantaged persons so that those individuals constitute at least 25 percent of the business employees in the zone; and 2. Pastusek Industries will be operating in the Fort Worth South Enterprise Zone, which has an unemployment rate exceeding one and one-half times the state unemployment rate.; and 3. It has been demonstrated that a high level of cooperation between public, private and neighborhood entities exists in the Fort Worth South Enterprise Zone; and 4. The designation of Pastusek Industries as an enterprise project will contribute significantly to the achievement of the plans of the City Council of Fort Worth for the development and revitalization of the Fort Worth South Enterprise Zone. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fort Worth that: NOES: None ABSENT: Council Member Zapata The ordinance, as adopted, is as follows: Minutes of City Council P-3 Page 134 1. Pastusek Industries is a "qualified business" as defined in Section 3(a)(10) of the Act, and meets the criteria for designation as an enterprise project as set forth in Section 10 of the Act. 2. The City hereby nominates Pastusek Industries as an Enterprise Project in accordance with the Act, and directs the City Manager or his designee to file an application with the Texas Department of Commerce nominating Pastusek Industries for designation as an Enterprise Project and to act as liaison in matters pertaining to negotiations between affected parties. 3. The enterprise Project shall take effect on the date of designation of the Enterprise Project by the Texas Department of Commerce and terminate five years after the date of designation. M&C G-8651 re There was presented Mayor and Council Communication No. G-8651 from the City acceptance of Manager stating that the City has agreed to acquire or condemn right-of-way for State contribution of Highway 170 in order to facilitate access to Alliance Airport and thereafter donate the Hillwood Develop- right-of-way to the State of Texas in accordance with Highway Department policies and men t Corporation applicable laws; that the City received a contribution for $257,137.00 from Hillwood Development Corporation by Mayor and Council Communication No. G-8491, dated March 8, 1990, for purchase of certain parcels of land for State Highway 170 right-of-way; that the Dedication Corporation, on behalf of Hillwood Development Corporation, has agreed to reimburse the City for costs connected with this activity; that a check for the remaining $235,700.00 has been received by the City; that, in order to make these funds available for spending in accordance with the agreement, it is necessary to adopt a supplemental appropriations ordinance; and recommending that the City Council accept a contribution from Hillwood Development Corporation in the amount of $235,700.00 for the purpose of acquiring the five remaining right-of-way parcels for State Highway 170; and adopt an appropriations ordinance increasing estimated receipts and appropriations by $235,700.00 in Alliance Airport Fund 49, Project No. 136117-00, State Highway 170 ROW Acquisition, from increased revenues. It was the consensus of the City Council that the recommendations be adopted. 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 McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, Granger, McCray, Meadows, Webber, and Chappell NOES: None ABSENT: Council Member Zapata The ordinance, as adopted, is as follows: Minutes of City Council P-3 Page 134 Ordinance No. 10599 IM&C G-8652 re transfer of funds r J -) - -LJ ORDINANCE NO. 10599 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE ALLIANCE AIRPORT FUND 49, PROJECT NO. 136117-00, SH 170 ROW ACQUISITION, OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1989-90 BY $235,700 AND APPROPRIATING SAID AMOUNT TO THE ALLIANCE AIRPORT FUND 49, PROJECT NO. 136117-00, SH 170 ROW ACQUISITION, FOR THE PURPOSE OF ACQUIRING THE FIVE REMAINING RIGHT-OF-WAY PARCELS FOR STATE HIGHWAY 170; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. There was presented Mayor and Council Communication No. G-8652 from the City Manager, as follows: SUBJECT: TRANSFER OF FUNDS FROM FORT WORTH IMPROVEMENT DISTRICT NO. 1 TO POLICE DEPARTMENT FOR SECURITY ENHANCEMENT PROGRAM DURING FY 1988-89 RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $10,087 from the Special Assessment District Fund 87, Project No. 100089-00, 1989 Improvement District No. 1, to the General Fund 01; and 2. Adopt the attached supplemental appropriations ordinance increasing estimated receipts in the General Fund 01 by $10,087 and appropriations in General Fund 01, Police Department Special Services Account No. 35-32-00 by the same amount from increased revenues. DISCUSSION: One of the five elements in the Plan of Services for the Improvement District is the Security Enhancement Program. The goal of this Security Enhancement Program is to increase visibility of the police force in the District and, as a result, increase the perception of safety in the CBD. This program reimburses the Police Department budget by providing funds for: 1. Personnel costs for a liaison between the Police Department and Downtown Fort Worth, Inc. via a Captain on a regular basis; 2. Supplemental feed, veterinary and stable needs of the Downtown Mounted Patrol; and II3. Funding for crime prevention programs in the downtown area. Because of an oversight, no transfer to the Police Department for Security Enhancement was made from Special Improvement District No. 1's FY 1988-89 budget. The required transfer from the Improvement District for Security Enhancement for FY 1988-89 is $10,087. The recommendation above authorizes this transfer as revenue in the current year. The Security Enhancement transfer to the Police Department for the current fiscal year was previously approved in M&C G-8558 on April 17, 1990. FINANCING: Sufficient funds are available in Special Assessment District Fund 87, Project No. 100089-00, 1989 Improvement District No. 1, for transfer to the General Fund 01. Upon adoption of the appropriation ordinance, sufficient funds will be available in General Fund 01, Police Department Special Services Account No. 53-32-00 for the Police Security Enhancement program. Funds will be transferred from Index Code 687178 (Fund 87) to Index Code 081851 (Fund 01). (M&C G-8652 adopted IlMayor It was the consensus of the City Council that the recommendations, as contained in and Council Communication No. G-8652, be 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 McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: Minutes of City Council P-3 Page 135 1? TUESDAY, JUNE 5, 1990 II AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, Granger, McCray, Meadows, Webber, and Chappell NOES: None ABSENT: Council Member Zapata The ordinance, as adopted, is as follows: Ordinance No.II ORDINANCE NO. 10600 10600 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE GENERAL FUND 01, OF THE CITY OF FORT WORTH FOR THE FISCAL YEAR 1989-90 BY TRANSFERRING THE SUM OF $10,087 FROM THE SPECIAL ASSESSMENT DISTRICT FUND 87, PROJECT NO. 100089-00, 1989 IMPROVEMENT DISTRICT NO. 1, TO THE GENERAL FUND, AND APPROPRIATING SAID $10,087 TO THE GENERAL FUND 01, POLICE DEPARTMENT SPECIAL SERVICES ACCOUNT NO. 35-32-00, FOR THE PURPOSE OF FUNDING THE SECURITY ENHANCEMENT PROGRAM FOR THE IMPROVEMENT DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. RACKAROHNn On June 5, 1990, the City Council will be asked to consider amending the guidelines and criteria for commercial/industrial tax abatement to qualified projects. The City Council may then consider designating an area as a reinvestment zone following a public hearing and notice given in accordance with state law. Approval of this M&C would establish the June 19 meeting of the City Council as the date of the public hearing. Public notice of the hearing must be given not later than the seventh day before the date of the hearing, which notice must be published in a newspaper having general circulation in the City of Fort Worth, and must be delivered by the governing body of the City of Fort Worth or a designated officer or employee to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property that is to be included in the proposed reinvestment zone. If at the June 19 meeting of the City Council, the City Council adopts an ordinance designating the relevant property as a reinvestment zone, the City Council would consider whether to enter into tax abatement agreements with the owner of the property located in such reinvestment zone. Not later than the seventh day before the date on which the City of Fort Worth enters into such a tax abatement agreement, the governing body of the City of Fort Worth or a designated officer or employee must deliver a written notice that the City of Fort Worth intends to enter into the agreement to the presiding officer of the governing body of each other taxing unit in which the property to be subject to the tax abatement agreement is located. The notice must include a copy of the proposed tax abatement agreement. Minutes of City Council P-3 Page 136 This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C G-8653 re There was presented Mayor and Council Communication No. G-8653 from the City Fort Worth Tax Manager, as follows: Abatement Rein- vestment done SUBJECT: SETTING PUBLIC HEARING DATE CONCERNING PROPOSED TAX ABATEMENT Three REINVESTMENT ZONE THREE AND DELIVERY OF REQUIRED NOTICES RECOMMENDATION: It is recommended that the City Council take the following actions regarding the proposed Reinvestment Zone: 1. Set Tuesday, June 19, 1990 at 10:00 a.m. as the date and time for a public hearing concerning the following matters: (a) the advisability of establishing Fort Worth Tax Abatement Reinvestment Zone No. Three for commercial/industrial tax abatement, and (b) the boundaries of such zone; and 2. Direct the City Secretary to give notice of the public hearing concerning the Reinvestment Zone and of the City of Fort Worth's intent to enter into abatement agreements with respect to property located in such zone, with such notice to be in accordance with the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code. RACKAROHNn On June 5, 1990, the City Council will be asked to consider amending the guidelines and criteria for commercial/industrial tax abatement to qualified projects. The City Council may then consider designating an area as a reinvestment zone following a public hearing and notice given in accordance with state law. Approval of this M&C would establish the June 19 meeting of the City Council as the date of the public hearing. Public notice of the hearing must be given not later than the seventh day before the date of the hearing, which notice must be published in a newspaper having general circulation in the City of Fort Worth, and must be delivered by the governing body of the City of Fort Worth or a designated officer or employee to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property that is to be included in the proposed reinvestment zone. If at the June 19 meeting of the City Council, the City Council adopts an ordinance designating the relevant property as a reinvestment zone, the City Council would consider whether to enter into tax abatement agreements with the owner of the property located in such reinvestment zone. Not later than the seventh day before the date on which the City of Fort Worth enters into such a tax abatement agreement, the governing body of the City of Fort Worth or a designated officer or employee must deliver a written notice that the City of Fort Worth intends to enter into the agreement to the presiding officer of the governing body of each other taxing unit in which the property to be subject to the tax abatement agreement is located. The notice must include a copy of the proposed tax abatement agreement. Minutes of City Council P-3 Page 136 . TUESDAY, JUNE 5, 1990 M&C G-8653 cont. It was the consensus of the City Council that the recommendations, as contained in and adopted Mayor and Council Communication No. G-8653, be adopted. M&C G-8654 re There was presented Mayor and Council Communication No. G-8654 from the City Rescinded 24 MGD Manager stating that the City Council authorized funds to be used by the Engineering Expansion, Phase Division of the Water Department on March 8, 1990, by Mayor and Council Communication IIB Construction No. G-8498 for the 24 MGD Expansion, Phase IIB, Construction Management Coordination; Managemnt Corrdi- that the City's coordination effort initially was set-up to be funded by the State nation Revolving Loan Fund; that, after review by the Texas Water Development Board, it was determined that the State Revolving Loan Fund could not be used for the purpose of administrative staff cost; and recommending that the City Council rescind Mayor and Council Communication No. G-8498, 24 MGD Expansion, Phase IIB Construction Management Coordination; and authorize a bond fund transfer in the amount of $56,700.00 from Sewer Capital Improvement Fund 54, Project No. 014901-00, Unspecified to Sewer Capital Improvement Fund 54, Project No. 016013-00, 24 MGD Expansion, Phase IIB, Construction Management Coordination. On motion of Mayor Pro tempore Gilley, seconded by Council Member Granger, the recommendations were adopted. M&C G-8655 re There was presented Mayor and Council Communication No. G-8655 from the City City's Personnel Manager, as follows: Rules and Regula- tions SUBJECT: ADDITION TO PERSONNEL RULES AND REGULATIONS - ALCOHOL AND SUBSTANCE ABUSE POLICY RECOMMENDATION: It is recommended that the attached resolution and proposed addition to the City's Personnel Rules and Regulations be approved. BACKGROUND: Informal Report No. 7449 (dated April 3, 1990) contained a copy of the proposed Alcohol and Substance Abuse Policy and presented the schedule for implementation of substance abuse testing. Copies of the proposed policy were distributed to all employees for review and comment. On May 1, 1990, the 30 day comment period ended. Informal Report No. 7463 (dated May 15, 1990) presented a summation of the comments received from employees and employee organizations and, management's responses to those comments. The proposed policy was revised in response to some of the comments received and as appropriate. The Departments of Law and Personnel recommend adoption of the policy. The policy provides for testing on the basis of reasonable cause and testing all final applicants for any position being filled. Random testing of employees in sensitive positions is also provided for in the policy. A list of positions to be included in the sensitive category was compiled by the Departments of Law and Personnel. This list was given to each Department Head for review and comment. After reviewing the Department Heads' comments, a final list of sensitive positions was established: This list of sensitive positions is included in Appendix 5.5 of the attached policy. Approximately 40% of the City's 630 classifications are included in the sensitive positions category. This represents over 70% of the City's current work force. The City Attorney and his staff have studied the relevant decisions handed by the state and federal courts to ensure the policy's compliance with current law. Court decisions will continue to be monitored and reviewed to ensure the policy's on-going compliance with current law. FINANCING: Sufficient funds were budgeted and are available in Fund 73, 15-73-00, Index Code 288522 to implement the program. Mr. Kelly Johnson Mr. Kelly Johnson, 113 Cottonwood Court, appeared before the City Council and re M&C G-8655 expressed opposition to proposed random drug testing, stating that the proposed addition to the Personnel Rules and Regulations concerning an Alcohol and Substance Abuse policy, in his opinion, is obtrusive and requested that the City Council delay adoption of the policy until it can be brought closer into line with Federal standards. Larry and Diana Woodward re M&C G- Larry and Diana Woodward, 1629 Tierney Road, appeared before the City Council and 8655 read into the records a letter presented to Charlie Shapard, Personnel Director, on April 20, 1990, expressing opposition to random drug testing, as follows: April 20, 1990 Mr. Charlie Shapard Personnel Director City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Re: Random Drug Testing Minutes of City Council P-3 Page 137 1 "s TUESDAY, JUNE 5, 1990 I&C G-8655 cont. II Dear Mr. Shapard: This letter was written in response to a letter from David Ivory, City Manager dated April 3, 1990 where we are asked to direct our comments to you regarding Random Drug Testing. While I personally favor drug testing as a prerequisite for employment, I feel that my job performance alone should serve as evidence of a qualified responsible employee and only after substantial, verifiable, and reasonable cause should I be subjected to a drug test. You may need to take into consideration the possibility of a violation of civil rights and an invasion of privacy. I feel that random drug testing will effectively put a "label" on me and I will be considered guilty until proven innocent. Only after passing the test will I again be considered "a good -standing" employee. These are not my only concerns. One of my concerns is the legality of Random Drug Testing. Even the U.S. Chamber of Commerce (and I quote) "Contends that drug tests results are unreliable and inconclusive; that drug testing is an invasion of privacy and an infringement of personal freedoms; and that the only factor that employers should consider in evaluations is job performance, not merely the presence of drugs, which may not affect job performance. The Chamber advocates the prohibition of Drug Testing of all employees." As the Police Department was created to uphold the democratic principals this country was build on, I don't see how it can implement a procedure that is not quite legal and very contestable in court. Another concern is the wide range of costs and reliability of Urine Analysis Tests. How much money is the city willing to spend on this project? Where will the monies for this project come from? I can only stand behind this decision after being assured that the city will spend the money to purchase the most reliable test available, but will not raise taxes to compensate for this expenditure. Many factors could result in a positive test; a night of social drinking, a dose of antihistamine or antibiotics could fail a qualified, responsible, non -abusing employee. Even if the person is later proven innocent, there will always be a "marr" on their reputation. This type of mistake could leave the city open to a very costly exposure. Also, how much of a notice will a person be given before having to go in for the test? Upon receiving a positive result will other factors such as job performance, reliability, supervisor's comments and review rating be taken into consideration? I would also like to know where did you gather your information regarding random drug testing as a way of controlling substance abuse in the workplace? How many abusers did it find? Did this report have any information on employee morale among non -abusers after the Random Drug Testing was instated? Many people were put on the defensive after the memo was published. After all, many have been employees (myself included) for years, we feel we have "proven" ourselves. I would also like to comment on your choice of employees to be tested. Does your "sensitive areas" guidelines include high ranking officials, clerical or garage personnel? Substance abuse in any of these areas could create a tremendous risk to the health and safety of the citizens of Fort Worth. Finally, 1 would like to commend you for acknowledging the problem and trying to find an answer. You have proven your true concern for the employees by providing a way for the abuser to keep his job and get counseling. However, in your search for an answer to this problem, please do not lose sight of employee morale and loyalty. I look forward to your response to my comments. Sincerely, /S/Larry B. Woodward Jr. Police Dispatcher ID #K375 Mr. Woodward also advised City Council that he had received 37 signatures of fellow employees who share the opinions expressed in the letter. Mr. Aidan Murphy Mr. Aidan Murphy, 4117 Bunting, appeared before the City Council and advised the re M&C G-8655 City Council that he is in agreement with the City Council in the adoption of an Alcohol and Substance Abuse policy but stated that he is opposed to random drug testing and stated that, in his opinion, this is a violation of an employee's civil rights and requested that the City Council pass the drug policy without the portion that abridges the bill of rights of employees. Mr. Charlie Shapar Mr. Charlie Shapard, Personnel Director, appeared before the City Council and re M&C G-8655 advised the City Council of the procedure to be use for random testing and stated that 400 to 600 employees a year will be tested and this includes 20 percent of the work force in sensitive positions. City Manager Ivory City Manager Ivory advised the City Council that City staff had spent a great deal re M&C G-8655 of time researching the proposed addition of the Alcohol and Substance Abuse policy and advised the City Council that Appendix 5.5 of the Alcohol and Substance Abuse in the Minutes of City Council P-3 Page 138 TUESDAY, JUNE 5, 1990 &C G-8655 cont. Workplace Personnel Regulation has been amended to include other specified "sensitive ity Manager -Ivory' ositions vory's statement ont. I Council Member Chappell made a motion, seconded by Council Member Meadows, that &C G-8655 adopted the recommendation, as contained in Mayor and Council Communication No. G-8655, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. ntroduced a Council Member Chappell introduced a resolution and made a motion that it be esolu tion adopted. The motion was seconded by Council Member Meadows. 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, Meadows, Webber, and Chappell NOES: None ABSENT: Council Member Zapata The resolution, as adopted, is as follows: esol uti on No. RESOLUTION NO. 1536 536 WHEREAS, on December 15, 1981, the City Council of the City of Fort Worth passed Ordinance No. 8486, which provided for the establishment, regulation and maintenance of a merit system now contained in Article V of Chapter 2, of the Code of the City of Fort Worth (1986) as amended; and WHEREAS, Article V of Chapter 2 provides that the Personnel Director shall prepare personnel policies which shall provide for such rules, practices and procedures as may be necessary for the effective administration of the City's Merit System; and WHEREAS, such personnel policies, when approved by the City Manager, shall be proposed to the City Council, and the Council may, by resolution, adopt them with or without amendment; and WHEREAS, the Personnel Director and the City Attorney have prepared additions to the City's personnel policies now entitled "Personnel Rules and Regulations% which volume is available for inspection and on file as a public record in the Office of the City Secretary; and WHEREAS, such revision has been approved by the City Manager and are hereby proposed to the City Council as an amendment to the City's "Personnel Rules and Regulations"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: That the City Council hereby adopt, without amendment, the attached policy titled, "Alcohol and Substance Abuse Policy" (D-31) of the Personnel Rules and Regulations" to facilitate administration of the City's Merit System, as provided in Article V of Chapter 2 of the Code of the City of Fort Worth (1986) as amended. Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that the City Council reconsider Mayor and Council Communication No. G-8614. When the motion was put to a vote by the Mayor, it prevailed unanimously. &C G-8614 re There was presented Mayor and Council Communication No. G-8614, dated May 15, ater and waste- 1990, from the City Manager, as follows: ater impact fee SUBJECT: ADOPTION OF WASTEWATER AND WATER IMPACT FEE ORDINANCE II RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance establishing impact fees for wastewater and water. DISCUSSION: On December 5, 1989, the City Council established the Capital Improvements Plan Advisory Committee whose duties include reviewing and assisting the City in adopting the Land Use Assumptions for water and wastewater service areas. On January 30, 1990, the City Council approved a resolution adopting the Water and Westewater Land Use Assumptions. On February 27, 1990, the City Council approved a resolution calling for a public hearing to consider the Capital Improvements Plan for water and wastewater facilities and the associated impact fees. On March 10, 1990, the City Council held a public hearing to consider the Capital Improvements Plan for water and wastewater facilities; the hearing Minutes of City Council P-3 Page 139 110 TUESDAY, JUNE 5, 1990 &C G-8614 cont. was recessed and scheduled to be reconvened on May 15, 1990. The public hearing was reconvened prior to the consideration of this M&C. On May 1, 1990, a draft ordinance was introduced to the Pre -Council meeting. IMPACT FEE ORDINANCE: The impact fee ordinance which amends Chapter 35 of the code of the City of Fort Worth by adding Section 35-58.2, applies to all new development within the corporate boundaries of Fort Worth and its extraterritorial jurisdiction ("benefit area"). The ordinance establishes a maximum impact fee assessment per service unit of $839 and $1,285 for water and wastewater facilities respectively, to be assessed as set forth in Schedule 1, an attachment to the ordinance. A second schedule, Schedule 2, is also referenced in the ordinance, which will be the amount of impact fee per service unit which would actually be collected. This allows City Council the flexibility to set impact fees at some amount less than the maximum allowable by law. A new development would be assessed at the time of final platting using Schedule 1 and would pay the fee at the time of building permit is approved using the fees established in Schedule 2. Impact fees collected pursuant to the ordinance must be kept in a separate interest-bearing account and used only to finance projects designated in the Capital Improvements Plan. Procedures for refunds, rebates and relief procedures are described in the ordinance. Senate Bill 336 (codified in Chapter 395, Local Government Code) requires all cities that assess impact fees to revise their ordinance to comply with the statute by June 20, 1990. Mayor Pro tempore Gilley made a motion to approve the ordinance adopting a water and wastewater impact fee together with Schedule 1 and 2, but amending Schedule 2 by deleting roman numeral III and amending the ordinance to make effective date June 11, 1990, and place on agenda next week the adoption of Schedule 2, III. The motion was seconded by Council Member Meadows. When the motion was put to a vote by the Mayor, it prevailed unanimously. ntroduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be r dinance adopted. The motion was seconded by Council Member Meadows. 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, Meadows, Webber, and Chappell NOES: None ABSENT: Council Member Zapata The ordinance, as adopted, is as follows: rdi nance no. ORDINANCE NO. 10601 0601 AN ORDINANCE AMENDING CHAPTER 35, "WATER AND SEWER", OF THE CITY CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY PROVIDING FOR AND ESTABLISHING WATER AND WASTEWATER IMPACT FEES; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES AND PROVISIONS OF THE CODE OF THE CITY OF FORT WORTH IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Whereas, the City Council of the City of Fort Worth, Texas deems it necessary and proper and in the best interests of the citizens of Fort Worth to promote the safe, orderly and healthful development of land; and Whereas, the continued substantial economic growth within the City has placed and continues to place an increased burden on the City's water and wastewater treatment plants; and, Whereas, the City Council of the City of Fort Worth must strive to provide long-range solutions to the water and wastewater needs of the citizens of the City of Fort Worth; and Whereas, the City Council of the City of Fort Worth, in adopting this ordinance, has met all requirements of Chapter 395 of the Texas Local Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That Chapter 35 of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby amended by adding Section 35-58.2, entitled "Water and Wastewater Impact Fees", and shall be and read as follows: Minutes of City Council P-3 Page 140 TUESDAY, JUNE 5, 1990 rdinance No. II SECTION 1. 0601 cont. Article 1. General Provisions § 1.01. Short Title This Chapter shall be known and cited as the Fort Worth Impact Fee Chapter. § 1.02. Purpose This Chapter is intended to assure the provision of adequate public facilities to serve new development in the City by requiring each such development to pay its pro rata share of the costs of capital improvements necessitated by and attributable to such new development. § 1.03. Authority This Chapter is adopted pursuant to Tex. Local Gov't. Code Ch. 395 (Vernon 1990 Supp.) (SB336) and pursuant to the Fort Worth City Charter. The provisions of this Chapter shall not be construed to limit the power of the City to utilize other methods authorized under state law or pursuant to other City powers to accomplish the purposes set forth herein, either in substitution for or in conjunction with this Chapter. § 1.04. Definitions (1) Advisory Committee means the City's Capital Improvements Plan Advisory Committee, originally appointed by Resolution No. 1487. (2) Assessment means the determination of the amount of the maximum impact fee per service unit which can be imposed on new development pursuant to this Chapter. (3) Benefit area means either a water benefit area established pursuant to Article 2 of this chapter or a wastewater benefit area established pursuant to Article 3 of this chapter, within the City and the City's extraterritorial jurisdiction, within which impact fees for capital improvements or facility expansions will be collected for new development occurring within such area and within which fees so collected will be expended for those improvements or expansions identified in the capital improvements plan applicable to the benefit area for that category of capital improvement. (4) Capital improvement means either a water facility or a wastewater facility, with a life expectancy of three or more years, to be owned and operated by or on behalf of the City. (5) City means the City of Fort Worth, Texas. - (6) Credit means the amount determined under this Chapter by which a wastewater impact fee is reduced as a result of the payment of wastewater system access fees imposed pursuant to section 35-58.1 of the City Code by a new development prior to the effective date of this ordinance. Credit does not include a reduction in the amount of an impact fee due for payment of connection charges pursuant to section 35-57 of the City Code or for payment of front foot charges pursuant to section 35-58 of the City Code. (7) Facility expansion means either a water facility expansion or a wastewater facility expansion. (8) Final plat recordation means the filing of the final plat with Tarrant County following compliance with all conditions of approval pursuant to the City's subdivision regulations. (9) Impact fee means either a fee for water facilities or a fee for wastewater facilities imposed on new development by the City pursuant to this Chapter in order to generate revenue to fund or recoup the costs of capital improvements or facility expansion necessitated by and attributable to such new development. Impact fees do not include the dedication of rights-of-way or easements for such facilities, or the construction of such improvements. Impact fees also do not include connection charges imposed pursuant to section 35-57 of the City Code or front footage charges for wastewater and water lines imposed pursuant to section 35-58 of the City Code. (10) Impact fee capital improvements plan means either a water capital improvements plan or a wastewater capital improvements plan adopted or revised pursuant to this Chapter. (11) Land use assumptions means the projections of population and employment growth within the benefit area adopted by the City, as may be amended from time to time, upon which the capital improvements plans are based. Minutes of City Council P-3 Page 141 Ordinance No. (12) New development means a project involving the construction, 10601 cont. reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of the use of land; any of which has the effect of increasing the requirements for capital improvements or facility expansions, measured by the number of service units to be generated by such activity, and which requires either the approval of a plat pursuant to the City's subdivision regulations, the issuance of a building permit, orconnection to the City's water or wastewater system and which has not been exempted from compliance with these regulations by provisions herein or by schedules attached hereto. (13) Plat means the plan or map for the subdivision to be filed for record in Tarrant County. Plat includes replat. (14) Platting means the act of preparing for approval and processing the plan or map for the subdivision to be filed for record in Tarrant County, pursuant to the City's subdivision regulations. Platting includes replatting. (15) Property owner means any person, group of persons, firm, corporation, or any other legal entity have legal title to or sufficient proprietary interest in the property on which new development is to occur. Property owner includes the developer for the new development. (16) Recoupment means the imposition of an impact fee to reimburse the City for capital- improvements which the City has previously oversized to serve new development. (17) Service unit means one equivalent meter unit, which is the standardized measure of consumption, use or generation of wastewater or water facilities equivalent to the consumption, use or generation of such facilities attributable to a single-family dwelling unit utilizing a 3/4" water meter. (18) Utility connection means the physical connection of the new development to the City's water system or to the City's wastewater system. (19) Wastewater facility means land or easements and improvements associated with wastewater treatment facilities, whether or not such facilities are owned and operated by the City or in behalf of the City. Wastewater facility excludes wastewater collection mains and facilities. (20) Wastewater facility expansion means the expansion of the capacity of any existing wastewater facility for the purpose of serving new development, but does not include the repair, maintenance, modernization, or expansion of an existing wastewater facility to serve existing development. (21) Wastewater capital improvements plan means the adopted plan, as may be amended from time to time, whichidentifies the wastewater f acilities or wastewater facilities expansions and their associated costs which are necessitated by and which are attributable to new development, for a period not to exceed 10 years, and which are to be financed in whole or in part through the imposition of wastewater impact fees pursuant to this Chapter. (22) Water facility means land or easements or improvements associated with water treatment facilities, water storage, and water pumping facilities. Water facility excludes water distribution mains and facilities. (23) Water facility expansion means the expansion of the capacity of any existing water facility for the purpose of serving new development, but does not include the repair, maintenance, modernization, or expansion of an existing water improvement to serve existing development. (24) Water capital improvements plan means the adopted plan, as may be amended from time to time, which identifies the water facilities or water facilities expansions and their associated costs which are necessitated by and which are attributable to new development, for a period not to exceed 10 years, and which are to be financed in whole or in part through the imposition of water impact fees pursuant to this Chapter. § 1.05. Applicability The provisions of this Chapter apply to all new development within the corporate boundaries of the City and its extraterritorial jurisdiction which Minutes of City Council P-3 Page 142 a 143 rdina nce No. II lies within the benefit area. The provisions of this Chapter apply uniformly 0601 cont. within each benefit area. § 1.06. Impact Fee as Condition of Development Approval No final plat or replat for new development shall be approved within the benefit area for recording without assessment of an impact fee pursuant to this Chapter, and no building permit shall be issued nor shall any utility connection be made until the applicant has paid the impact fee imposed by and calculated herein. § 1.07. Land Use Assumptions a. The land use assumptions for water facilities are attached hereto as Exhibit A and are incorporated herein by reference. b. The land use assumptions for wastewater facilities are attached hereto as Exhibit B and are incorporated herein by reference. c. The land use assumptions for the benefit area shall be updated utilizing the amendment procedure set forth in § 1.18. § 1.08. Impact Fees per Service Unit a. Maximum impact fees per service unit shall be calculated for wastewater facilities within the wastewater benefit area and for water facilities within the water benefit area and shall be the amount set forth in schedule 1, attached hereto and made a part of this Chapter by reference. b. The impact fee per service unit for each category of capital improvements, which is to be paid by each new development within the benefit area, shall be that established by the City Council, as may be amended from time to. time, and shall be not more than the maximum impact fee per service unit established in subsection (a). Impact fees which are to be paid shall be as set forth in schedule 2, attached hereto and made a part of this Chapter by reference. c. Impact fee schedules 1 and 2 may be amended from time to time utilizing the amendment procedure set forth in § 1.18. § 1.09. Assessment of Impact Fees a. Assessment of the impact fee for any new development shall be made as follows: (1) For a development which is submitted for approval pursuant to the City's subdivision regulations following the effective date of this Chapter, assessment shall occur at the time of final plat recordation, and shall be the amount of the maximum impact fee per service unit then in effect, as set forth in schedule 1. The City, in its sole discretion, may provide the subdivider with a copy of schedule 1 prior to final plat approval, but such shall not constitute assessment within the meaning of this Chapter. (2) For a development which has received final plat approval prior to the effective date of this Chapter, for which no replatting is necessary prior to issuance of a building permit, and which plat has been recorded with Tarrant County, or for lots which predate the City's subdivision regulations and which are exempt from platting requirements, assessment shall occur on the effective date of this ordinance, and shall be the amount of the maximum impact fee per service unit set forth in Schedule 1. b. Following assessment of the impact fee for a new development pursuant to subsection (a), the amount of the impact fee per service unit for that development cannot be increased, unless the owner proposes to change the approved development by the submission of a new application for final plat approval, in which case the impact fee will be reassessed at the Schedule 1 rate then in effect. § 1.10. Computation and Collection of Impact Fees a. The impact fees due for the new development shall be collected prior to or at the time of issuance of the building permit or prior to or at the time of connection to the City's water or wastewater system, whichever occurs first, unless an agreement has been executed between the property owner and the City providing for a different time of payment. Minutes of City Council P-3 Page 143 144 TUESDAY, JUNE 5, 1990 Ordinance No. b. Following the filing and acceptance of an application for a- 10601 cont. building permit or the request for connection to the City's water or wastewater system, the City shall compute the impact fees due for the new development in the following manner: (1) The amount of each impact fee due shall be determined by multiplying the number of service units generated by the new development by the impact fee due per service unit for the benefit area using schedule 2. The number of service units shall be determined by using the conversion table contained in the impact fee capital improvements plan. (2) The amount of each impact fee due shall be reduced by any allowable credits for that category of capital improvements, in the manner provided in Section 1.12. c. The amount of each impact fee due for a new development shall not exceed an amount computed by multiplying the maximum impact fee per service unit under Schedule 1 by the number of service units generated by the development. d. If the building permit for which an impact fee has been paid has expired, and a new application is thereafter filed, the impact fees due shall be computed using schedule 2 then in effect, and previous payments of impact fees shall be credited against the new fees due. e. Whenever the property owner proposes to increase the number of service units for a development, the additional impact fees collected for such new service units shall be determined by using Schedule 2 then in effect, and such additional fee shall be collected either prior to or at the time of issuance of a new building permit, or prior to or at the time of the connection to the City's water or wastewater system, or enlargement of such connection. § 1.11. Suspension of Fee Collection a. For any new development which has received final plat approval in accordance with Tex. Local Government Code ch. 212, or pursuant to the City's subdivision regulations, or for which an application for final approval has been made, prior to the effective date of this Chapter, the City may assess, but shall not collect any water impact fee as herein defined, on any service unit for which a valid building permit is issued within one year subsequent to the effective date of this Chapter. b. If the building permit, which is obtained within the period provided for in subsection (a) subsequently expires, and no new application for a building permit is approved within such period, the new development shall be subject to the payment of an impact fee, as provided in § 1.10. § 1.12. Credits Against Impact Fees A property owner who has paid a wastewater system facility access fee may reduce the amount of a wastewater impact fee due for a new development on that lot or tract by the amount of the access fee paid, following written request and approval by the City, provided that no construction has occurred on the lot or tract and that no utility connection has been made. § 1.13. Establishment of Accounts a. The City shall establish an account to which interest is allocated for each benefit area for each type of capital facility for which an impact fee is imposed pursuant to this Chapter. Each impact fee collected within the benefit area shall be deposited in such account. b. Interest earned on the account into which the impact fees are deposited shall be considered funds of the account and shall be used solely for the purposes authorized in § 1.14. C* The City shall establish adequate financial and accounting controls to assure that impact fees disbursed from the account are utilized solely for the purposes authorized in § 1.14. Disbursement of funds shall be authorized by the City at such times as are reasonably necessary to carry out the purposes and intent of this Chapter; provided, however, that funds shall be expended within a reasonable period of time, but not to exceed ten (10) years from the date that an impact fee has been paid. d. The City shall maintain and keep financial records for impact fees, which shall show the source and disbursement of all fees collected in or expended from each benefit area. The records of such Minutes of City Council P-3 Page 144 1,15 TUESDAY, JUNE 5, 1990 rdinance No.II accounts shall be open for public inspection and copying during' 0601 cont. ordinary business hours. § 1.14. Use of Proceeds of Impact Fee Accounts a. The impact fees collected for each benefit area pursuant to this Chapter may be used to finance or to recoup the costs of any capital improvements or facility expansion identified in the applicable capital improvements plan for the benefit area, including but not limited to the construction contract price, surveying and engineering fees, land acquisition costs (including land purchases, court awards and costs, attorney's fees, and expert witness fees). Impact fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the City to finance such capital improvements or facility expansion. b. Impact fees collected pursuant to this ordinance shall not be used to pay for any of the following expenses: (1) construction, acquisition or expansion of capital improvements other than those identified in the applicable capital improvements plan; (2) repair, operation, or maintenance of any capital improvements or facility expansion; (3) upgrade, expansion or replacement of existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards; (4) upgrade, expansion or replacement of existing capital improvements to provide better service to existing development; provided, however, that impact fees may be used to pay the costs of upgrading, expanding or replacing existing capital improvements in order to meet the need for new capital improvements generated by new development; or (5) administrative and operating costs of the City. § 1.15. Appeals a. The property owner or applicant for new development may appeal the following decisions to the City Council: (1) the applicability of an impact fee to the development; (2) the amount of the impact fee due; (3) the denial of or determination of the amount of a credit; (4) the application of a credit against an impact fee due; (5) the amount of a refund due, if any. b. The burden of proof shall be on the appellant to demonstrate that the amount of the fee or the amount of the credit was not calculated according to the applicable schedule of impact fees or the guidelines established for determining credits. C. The appellant must file a written notice of appeal with the City within thirty days following the decision. The development application may be processed while the appeal is pending, if the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the City Attorney in an amount equal to the original determination of the impact fee due. § 1.16. Refunds a. Upon application, any impact fee or portion thereof collected pursuant to this Chapter, which has not been expended within the benefit area within 10 years from the date of payment, shall be refunded, upon application, to the record owner of the property for which the impact fee was paid or, if the impact fee was paid by another governmental entity, to such governmental entity, together with interest calculated from the date of collection to the date of refund at the statutory rate as set forth in Article 1.03, Title 79, Revised Statutes (Article 5069-1.03, Vernon's Texas Civil Statutes), or its successor statute. An impact fee shall be considered as expended on a first -in, first -out basis. b. An impact fee collected pursuant to this Chapter shall also be considered expended if, within ten years following the date of payment, the total expenditures for capital improvements or facility expansion authorized in § 1.14 within the benefit area exceeds the total fees collected within the benefit area for such improvements or expansions during such period. Minutes of City Council P-3 Page 145 vs TUESDAY, JUNE 5, 1990 rdinance No. c. If a refund is due pursuant to subsections (a) and (b), the City 0601 cont. shall divide the difference between the amount of expenditures and the amount of the fees collected by the total number of service units assumed within the benefit area for the period to determine the refund due per service unit. The refund to the record owner shall be calculated by multiplying the refund due per service unit by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount. d. Upon completion of all the capital improvements or facility expansion identified in the capital improvements plan for the benefit area, the City shall recalculate the maximum impact fee per service unit using the actual costs for the improvements or expansions. If the maximum impact fee per service unit based on actual cost is less than the impact fee per service unit paid, the City shall refund the difference, if such difference exceeds the impact fee paid per service unit by more than 10%. If the difference is less than 10%, no refund shall be due. The refund to the record owner shall be calculated by multiplying such difference by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount. § 1.17. Rebate If the building permit for a new development for which an impact fee has been paid has expired, no utility connections for that category of capital improvements have been made to the development, and a modified or new application has not been approved within six months of such expiration, the City shall, upon written application, rebate the amount of the impact fee to the record owner of the property for which the impact fee was paid. If no application for rebate pursuant to this subsection has been filed within this period, no rebate shall become due. § 1.18. Updates to Plan and Revision of Fees a. The City shall update its land use assumptions and capital improvements plans at least every 3 years, commencing from the date of adoption of such plans, and shall recalculate the impact fees based thereon in accordance with the procedures set forth in Texas Local Gov't Code, Ch. 395, or in any successor statute. b. The City may review its land use assumptions, capital improvements plans, impact fees and other factors such as market conditions more frequently than provided in subsection (a) to determine whether the land use assumptions and capital improvements plans should be updated and the impact fee recalculated accordingly, or whether Schedules 1 or 2 should be changed. c. If, at the time an update is required pursuant to subsection (a), the City Council determines that no change to the land use assumptions, capital improvements plan or impact fee is needed, it may dispense with such update by following the procedures in Texas Local Gov't Code, section 395.0575. § 1.19. Use of Other Financing Mechanisms a. The City may finance capital improvements or facility expansion designated in the capital improvements plan through the issuance of bonds, through the formation of public utility districts or other assessment districts, or through any other authorized mechanism, in such manner and subject to such limitations as may be provided by law, in addition to the use of impact fees. b. Except as herein otherwise provided, the assessment and collection of an impact fee shall be additional and supplemental to, and not in substitution of, any other tax, fee, charge or assessment which is lawfully imposed on and due against the property. § 1.20. Impact Fee as Additional and Supplemental Regulation Impact fees established by this Chapter are additional and supplemental to, and not in substitution of, any other requirements imposed by the City on the development of land, the issuance of building permits, or the connection of utilities. Such fee is intended to be consistent with and to further the policies of City's comprehensive land use plan, the capital improvements plan, the zoning ordinance, subdivision regulations and other City policies, ordinances and resolutions by which the City seeks to ensure the provision of adequate public facilities in conjunction with the development of land. Minutes of City Council P-3 Page 146 TUESDAY, JUNE 5, 1990 Ordinance No 10601 cont. (I § 1.21. Relief procedures a. Any person who has paid an impact fee or an owner of land upon which an impact fee has been paid may petition the City Council to determine whether any duty required by this ordinance, other than those matters which may be appealed pursuant to section 1.15, has not been performed within the time so prescribed. The petition shall be in writing and shall state the nature of the unperformed duty and request that the duty be performed within sixty days of the request. If the City Council determines that the duty is required pursuant to the ordinance and is late in being performed, it shall cause the duty to commence within 60 days of the date of the request and to continue until completion. b. The City Council may grant a variance from any requirement of this ordinance, upon written request by a property owner subject to the ordinance, following a public hearing, and only upon finding that a strict application of such requirement would, when regarded as a whole, result in confiscation of the property. c. If the City Council grants a variance that reduces the amount of the impact fee due for a new development under this Chapter, it shall cause to be appropriated from other City funds the amount of the reduction in the impact fee and deposit such funds in the account for the benefit area in which the property is located. § 1.22. Exemption from Ordinance. Any building permit application which was duly accepted for filing prior to the effective date of this Chapter and which is subsequently granted, shall be exempt from the assessment and payment of an impact fee, unless such application thereafter expires. Article 2.• Water Facilities Impact Fees § 2.01. Water Benefit Area a. There is hereby established a water benefit area, constituting the City and its extraterritorial jurisdiction, as depicted on Exhibit C attached hereto and incorporated herein by reference. b. The boundaries of the water benefit area may be amending from time to time, or new water benefit areas may be delineated, pursuant to the procedures in § 1.18. II § 2.02. Water Capital Improvements Plan a. The Water Improvements Plan for the City of Fort Worth is hereby adopted as Exhibit D attached hereto and incorporated by reference herein. b. The Water Improvements Plan may be amended from time to time, pursuant to the procedures in § 1.18. § 2.03. Water Facilities Impact Fees a. The maximum impact fees per water meter for water facilities are hereby adopted and incorporated in Schedule 1 attached hereto and made a part hereof by reference. b. The impact fees per service unit for water facilities, which are to be paid by each new development, are hereby adopted and incorporated in Schedule 2 attached hereto and made a part hereof by reference. c. The impact fees per service unit for water facilities may be amended from time to time, pursuant to the procedures in § 1.18. § 2.04. Enlargement of Connection by Existing Development If the property owner of any existing development within the benefit area requests enlargement of a water meter presently serving the development, and no new development is to occur on the property, the owner shall pay the fee prescribed by section 1.10 for the increase in size of the meter prior to installation of the enlarged meter. § 2.05. New Connection by Existinq Development If any existing development within the benefit area presently utilizes a water well, a septic tank, or an individual waste disposal system and the property owner requests to be connected to the City's water system, the customer shall pay the fee prescribed by section 1.10 prior to connection to such system. Minutes of City Council P-3 Page 147 Ordinance No. II § 2.06. Prior Code Provisions 10601 cont. After June 20, 1990, no front footage charges shall be collected for connection to City -installed water lines or mains. Article 3. Wastewater Facilities Impact Fees § 3.01. Wastewater Benefit Area a. There is hereby established a wastewater benefit area, constituting the City and its extraterritorial jurisdiction, as depicted on Exhibit E attached hereto and incorporated herein by reference. b. The boundaries of the wastewater benefit area may be amended from time to time, or new wastewater benefit areas may be delineated, pursuant to the procedures in § 1.18. § 3.02. Wastewater Capital Improvements Plan a. The Wastewater Improvements Plan for the City of Fort Worth is hereby adopted as Exhibit F attached hereto and incorporated by reference herein. b. The Wastewater Improvements Plan may be amended from time to time, pursuant to the procedures in § 1.18. § 3.03. Wastewater Facilities Impact Fees a. The maximum impact fees per water meter for wastewater facilities are hereby adopted and incorporated in Schedule 1 attached hereto and made a part hereof by reference. b. The impact fees per service unit for wastewater facilities, which are to be paid by each new development, are hereby adopted and incorporated in Schedule 2 attached hereto and made a part hereof by reference. c. The impact fees per service unit for wastewater facilities may be amended from time to time, pursuant to the procedures in § 1.18. § 3.04. Enlargement of Connection by Existing Development If the property owner of any existing development within the benefit area requests enlargement of a water meter presently serving the development, and no new development is to occur on the property, the owner shall pay the fee prescribed by section 1.10 for the increase in size.of the meter prior to installation of the enlarged meter. § 3.05. , New Connection by Existing Development If any existing development within the benefit area presently utilizes a water well, a septic tank, or an individual waste disposal system and the property owner requests to be connected to the City's wastewater system, the customer shall pay the fee prescribed by section 1.10 prior to connection to such system. Prior Code Provisions § 3.06. Prior Code Provisions With respect to the providing of retail wastewater services within the corporate limits of the city, this Chapter replaces and supercedes those provisions for payment of wastewater system facility access fees pursuant to section 35-58.1 of the City Code. After the effective date of this ordinance, all retail wastewater system facility impact fees shall be imposed on or collected from a new development subject to this Chapter. After June 20, 1990, no front foot charges shall be collected for connection to City -installed wastewater lines and mains. SCHEDULE 1 WATER AND WASTEWATER IMPACT FEE ASSESSMENT SCHEDULE Minutes of City Council P-3 Page 148 WATER WASTEWATER METER - EQUIVALENCY IMPACT IMPACT SIZE FACTOR FEE FEE 3/4" 1 $ 839.00 $ 1,285.00 1" 1.75 1,468.25 2,248.75 1-1/2' 4 3,356.00 5,140.00 2" 7 - 5,873.00. 8,995.00 3" ._ 16 13,424.00 20,560.00 4" 28 23,492.00 35,980.00 6" _ 64 53,696.00 82,240.00 8" 100 83,900.00 128,500.00 10" 150 125,850.00 192,750.00 Minutes of City Council P-3 Page 148 Ordinance No. 10601 cont. 119 SCHEDULE 2 I. Impact fee schedules to be collected, effective at the date of the adopted ordinance through September 30, 1990. II. Impact fee schedule to be collected, effective October 1, 1990, through December 31, 1990. WASTEWATER IMPACT WATER FEE EFFECTIVE METER EQUIV. IMPACT OCT. 1 - SIZE FACTOR FEE DEC. 31, 1990 3/4° 1 $ 0 $ 161.00 1" 1.75 0 281.75 1 1/2" 4 0 644.00 2" 7 0 1,127.00 3" - 16 0 2,576.00 4" _ 28 0 4,508.00 6" 64 0 10,304.00 8" 100 0 16,100.00 7 10" 150 0 24,150.00 Mayor Bolen advised the City Council of ceremonial travel of his wife to Budapest but advised Council that this is at no expense to the City, and that the money is coming from NLC promotional funds. Mayor Pro tempore Gilley made a motion, seconded by Council Member McCray, that the ceremonial travel of Mrs. Bolen be approved. When motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-8656 re There was presented Mayor and Council Communication No. G-8656 from the City amending Policy Manager, as follows: Statement on Tax Abatement SUBJECT: AMENDED POLICY STATEMENT ON TAX ABATEMENT TO QUALIFIED COMMERCIAL/ INDUSTRIAL PROJECTS RECOMMENDATION: It is recommended that the City Council adopt the attached resolution for the purpose of taking the following action: 1. Amend the City of Fort Worth Policy Statement on Tax Abatement to Qualified Commercial/Industrial Projects to bring the Policy Statement into compliance with the current state law and expand the definition of "Eligible Industries" to include manufacturing, industrial or other projects or enterprises that the City Council determines to be in the best interest of the City of Fort Worth. DISCUSSION: On August 1, 1989, the City Council adopted the current Policy Statement on Tax Abatement to Qualified Commercial/Industrial Projects. The proposed amendments would accomplish two things: A. Conform to current state law. Because of amendments to Chapter 312 of the Texas Tax Code by the Texas Legislature effective September 1, 1989, the Policy Statement adopted on 8/1/89 does not conform in all respects to the current Property Redevelopment and Tax Abatement Act (Chapter 312 of the Texas Tax Code). Certain of the amendments contained in the attached Resolution, such as reducing the maximum term of the abatement from 15 to 10 years, are made to cause the Policy Statement to conform with Chapter 312 of the Texas Tax Code, as amended. B. Expand eligible industries. Pursuant to the Policy Statement on tax abatement to qualified commercial/industrial projects, the City of Fort Worth may consider only Minutes of City Council P-3 Page 149 WASTEWATER IMPACT WATER FEE EFFECTIVE FROM METER EQUIV. IMPACT DATE OF ORDINANCE SIZE FACTOR FEE THROUGH 9/30/90 3/4" 1 $ 0 $ 128.80 1" 1.75 0 225.40 1 1/2" 4 0 515.20 2" 7 0 901.60 3" 16 0 2,060.80 4" 28 0 3,606.40 6" 64 0 8,243.20 8" 100 - 0 - 12,880.00 10" 150 0 19,320.00 II. Impact fee schedule to be collected, effective October 1, 1990, through December 31, 1990. WASTEWATER IMPACT WATER FEE EFFECTIVE METER EQUIV. IMPACT OCT. 1 - SIZE FACTOR FEE DEC. 31, 1990 3/4° 1 $ 0 $ 161.00 1" 1.75 0 281.75 1 1/2" 4 0 644.00 2" 7 0 1,127.00 3" - 16 0 2,576.00 4" _ 28 0 4,508.00 6" 64 0 10,304.00 8" 100 0 16,100.00 7 10" 150 0 24,150.00 Mayor Bolen advised the City Council of ceremonial travel of his wife to Budapest but advised Council that this is at no expense to the City, and that the money is coming from NLC promotional funds. Mayor Pro tempore Gilley made a motion, seconded by Council Member McCray, that the ceremonial travel of Mrs. Bolen be approved. When motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-8656 re There was presented Mayor and Council Communication No. G-8656 from the City amending Policy Manager, as follows: Statement on Tax Abatement SUBJECT: AMENDED POLICY STATEMENT ON TAX ABATEMENT TO QUALIFIED COMMERCIAL/ INDUSTRIAL PROJECTS RECOMMENDATION: It is recommended that the City Council adopt the attached resolution for the purpose of taking the following action: 1. Amend the City of Fort Worth Policy Statement on Tax Abatement to Qualified Commercial/Industrial Projects to bring the Policy Statement into compliance with the current state law and expand the definition of "Eligible Industries" to include manufacturing, industrial or other projects or enterprises that the City Council determines to be in the best interest of the City of Fort Worth. DISCUSSION: On August 1, 1989, the City Council adopted the current Policy Statement on Tax Abatement to Qualified Commercial/Industrial Projects. The proposed amendments would accomplish two things: A. Conform to current state law. Because of amendments to Chapter 312 of the Texas Tax Code by the Texas Legislature effective September 1, 1989, the Policy Statement adopted on 8/1/89 does not conform in all respects to the current Property Redevelopment and Tax Abatement Act (Chapter 312 of the Texas Tax Code). Certain of the amendments contained in the attached Resolution, such as reducing the maximum term of the abatement from 15 to 10 years, are made to cause the Policy Statement to conform with Chapter 312 of the Texas Tax Code, as amended. B. Expand eligible industries. Pursuant to the Policy Statement on tax abatement to qualified commercial/industrial projects, the City of Fort Worth may consider only Minutes of City Council P-3 Page 149 1�J TUESDAY, JUNE 5, 1990 M&C G-8656 cont. II "Eligible Industries" for tax abatement. The definition of Eligible Industries is limited to certain air transportation enterprises. In order to enhance the tax base and the local economy of the City of Fort Worth, the Policy Statement should also be amended to allow any manufacturing, industrial or other project or enterprise that meets the minimum eligibility requirements and that the City Council determines to be in the best interests of the City to be eligible for tax abatement. Passage of this resolution requires a vote of three -fourth's of the members of the City Council. Ms. Wanda Bell Ms. Wanda Bell, 6009 Trail Lake Drive, appeared before the City Council and re.M&C G-8656 expressed opposition to tax abatements and to the amended policy statement on tax abatement to qualified commercial/industrial projects. Council Member Webber made a motion, seconded by Mayor Pro tempore Gilley, that the recommendation, as contained in Mayor and Council Communication No. G-8656, be adopted. When motion was put to a vote by the Mayor, it prevailed unanimously. Introduced a Council Member Webber introduced a resolution and made a motion that it be adopted. Resolution The motion was seconded by Mayor Pro tempore Gilley. 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, Meadows, Webber, and Chappell NOES: None ABSENT: Council Member Zapata The resolution, as adopted, is as follows: Resolution No .II RESOLUTION NO. 1537 1537 WHEREAS, the City of Fort Worth has elected to become eligible to participate in tax abatement under Chapter 312 of the Texas Tax Code and has established guidelines and criteria for tax abatement to qualified commercial/industrial projects (the "Policy Statement"), which Policy Statement was adopted on August 1, 1989; WHEREAS, the Texas Legislature amended Chapter 312 of the Texas Tax Code, effective September 1, 1989; WHEREAS, certain of the provisions in the Policy Statement do not conform with the above referenced amendments to Chapter 312 of the Texas Tax Code; and WHEREAS, in order to enhance the tax base and the local economy, the Policy Statement should be amended to allow any manufacturing, industrial or other project or enterprise that meets the minimum eligibility requirements and that the City Council determines to be in the best interests of the City to be eligible for tax abatement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION I. THAT the City of Fort Worth hereby amends and restates the Policy Statement for tax abatement to qualified commercial/industrial projects in its entirety as set forth on Exhibit "A", which Exhibit "A" is incorporated herein as if copied in its entirety, and is approved. SECTION II. THAT the Policy Statement, as amended and restated herein, shall govern all subsequent tax abatement agreements for commercial/industrial projects. . SECTION III. THAT this resolution shall take effect from and after its final date of adoption, and it is accordingly so ordered. M&C G-8657 re There was presented Mayor and Council Communication No. G-8657 from the City use of property at Manager stating that the East Side Y.M.C.A. will initiate an annual event fund-raiser 2837 Stark Street (carnival) to benefit the activities of the Y.M.C.A. program; stating that funds will for a carnival provide the assets to help underwrite programs in offering youth activities for the entire East Fort Worth community; and recommending that the City Council approve the request of the Fort Worth East Side Y.M.C.A. to temporarily close a portion of Stark Street between Craig Street on the south and Beaty Street on the north for use of property at 2837 Stark Street, Lot 1R, Holman Subdivision, for a carnival between the hours of 3:00 p.m., Friday, June 29, 1990, until Saturday, June 30, 1990, and authorize use of property beginning June 26, 1990, through June 30, 1990. On motion of Council Member Granger, seconded by Council Member McCray, the recommendation was adopted. M&C P-4308 re There was presented Mayor and Council Communication No. P-4308 from the City purchase com Manager stating that Amigos Bibliographical Council, Inc., is the regional network for anter hardware and software JOCLC, Inc., sole proprietor; that OCLC, Inc., is in the process of upgrading into a Minutes of City Council P-3 Page 150 1si TUESDAY, JUNE 5, 1990 &C P-4308 cont. more advanced technology and will no longer maintain present work stations; that, in order to continue to catalog materials via automated utility, the library must also upgrade; stating that funds are available in General Fund 01, Account No. 84-20-01, Index Code 321216; and recommending that the City Council authorize the outright purchase of computer hardware and software for the Fort Worth Public Library from sole source, Amigos Bibliographical Council, Inc., on quotation of $8,800.00 net, f.o.b. Fort Worth delivered. It was the consensus of the City Council that the recommendation be adopted. M&C P-4309 re There was presented Mayor and Council Communication No. P-4309 from the City purchase agreement Manager submitting a tabulation of bids received for a one-year purchase agreement to to provide various provide various sizes of tap saddles for the Water Department; stating that budgeted sizes of tap funds are sufficient to cover the anticipated expenditure by each department saddles participating in this agreement; and recommending that the City Council: 1. Authorize a one-year purchase agreement to provide various size tap saddles with Bowles & Eden Equipment Company on the low bid of unit prices, as follows: - IIITEM DESCRIPTION TAP SADDLES AMOUNT BID 1. 12 x 2 c.c. $42.60/each 2. 6 X 3/4 c.c. $22.75/each 3. 6 X 1 c.c. $22.75/each 4. 6 X 1 1/2 c.c. $24.75/each 5. 6 X 2 c.c. $27.28/each 6. 8 X 3/4 c.c. $26.90/each 7. 8 X 1 c.c. $26.90/each 8. 8 X 1 1/2 c.c. $29.11/each 9. 8 X 2 c.c. $31.11/each 10. 10 X 3/4 c.c. $31.97/each 11. 10 X 1 c.c. $31.97/each 12. 10 X 1 1/2 c.c. $34.39/each 13. 10 X 2 c.c. $37.08/each 14. 12 X 3/4 c.c. $37.21/each 15. 12 X 1 c.c. $37.21/each 16. 12 X 1 1/2 c.c. $39.85/each 2. Allow the Water Department to participate in this agreement exclusively, effective from date of authorization by City Council until one year later. M&C P-4309 adopted It was the consensus of the City Council that the recommendations be adopted. M&C P-4310 re There was presented Mayor and Council Communication No. P-4310 from the City purchase agreement Manager submitting a tabulation of bids received for a one-year purchase agreement to to provide various Provide various sizes of soil pipe gaskets for the Water Department; stating that sizes of soil pipe budgeted funds are sufficient to cover the anticipated expenditure by each department; gaskets and recommending that the City Council: 1. Authorize a one-year purchase agreement to provide various size soil pipe gaskets with Ferguson Enterprizes, Inc., on the low bid, as follows: FERGUSON ENTERPRIZES, INC. ITEM FORT WORTH, TEXAS 4" Soil Pipe Gasket $ 1.68/each 6" Soil Pipe Gasket $ 2.72/each 8" Soil Pipe Gasket $ 6.00/each 10" Soil Pipe Gasket $ 9.20/each 12" Soil Pipe Gasket $11.72/each 2. Authorize the Water Department to participate in this agreement exclusively, effective from date of authorization by City Council until one year later. M&C P-4310 adopted It was the consensus of the City Council that the recommendations be adopted. M&C P-4311 re There was presented Mayor and Council Communication No. P-4311 from the City purchase agreement Manager submitting a tabulation of bids received for a purchase agreement to provide with Bowles and stainless steel full circle clamps for all City departments; stating that budgeted Eden Equipment funds are sufficient to cover the anticipated expenditure by each department; and Company I recommending that the City Council: 1. Authorize a purchase agreement with Bowles and Eden Equipment Company to provide stainless steel full circle clamps on the low bid of unit prices net, f.o.b. Fort Worth, as follows: ITEM 2" x 7" Circle Clamp 3" x 7" Circle Clamp Minutes of City Council P-3 Page 151 UNIT PRICE $14.56 each $15.81 each 1 r " vN M&C P-4311 cont. TUESDAY, JUNE 5, 1990 4"x 7" Circle Clamp 6" x 7" Circle Clamp 8" x 7" Circle Clamp 6" x 12" Circle Clamp 8" x 12" Circle Clamp 12" x 12" Circle Clamp 10" x 15" Circle Clamp 12" x 15" Circle Clamp $19.67 each $23.20 each $27.76 each $37.11 each $44.45 each $61.11 each $66.15 each $76.21 each 2. Authorize all City departments to participate in this agreement, if needed, effective from June 13, 1990, until expiration one year later. M&C P-4311 adopte4l It was the consensus of the City Council that the recommendations be adopted. (M&C P-4312 re There was presented Mayor and Council Communication No. P-4312 from the City sale of surplus Manager submitting a tabulation of bids received for the sale of surplus water meters water meters to for the Water Department; stating that proceeds from the sale will be deposited in S.L.C. Meter Parts Water and Sewer Operating Fund 45, Account No. 60-10-00, Index Code 093906; and Company recommending that the sale of surplus water meters be authorized to S.L.C. Meter Parts Company on its highest bid per unit prices, as follows: M&C P-4312 adopted It was the consensus of the City Council that the recommendation be adopted. M&C P-4313 re There was presented Mayor and Council Communication No. P-4313 from the City sale of vehicles Manager, as follows: and misc. SUBJECT: AUCTION OF CITY EQUIPMENT HELD ON MAY 12, 1990 RECOMMENDATION: It is recommended that the City Council confirm the sale of vehicles and miscellaneous surplus equipment listed below that were disposed of by public auction held on May 12, 1990. Gross proceeds were $570,840.00. This auction was conducted by Lone Star Auctioneers, Inc. Their fee will amount to $25,656.84 which is based on a percentage formula. AUC TOTAL ITEM MAKE DESCRIPTION BUYER SALE PRICE AMOUNT BID AMOUNT BID 35 each 1.5" Calmet meter (used) $ 30.00/each $1,050.00 45 each 1.5" Trident meter (used) $ 30.00/each 1,350.00 10 each 1.5" Hershey meter (used) $ 30.00/each 300.00 10 each 2.0" Calmet (used) $ 40.00/each 400.00 40 each 2.0" Trident (used) $ 40.00/each 1,800.00 10 each 2.0" Hershey (used) $ 40.00/each 400.00 2 each 4.0" Compound Hershey (new) $ 350.00/each 700.00 1 each 6.0" Compound Badger (new) $ 400.00/each 400.00 1 each 6.0" FMCT Hershey (new) $1,000.00/each 1,000.00 1 each 8.0" Hershey (new) $ 550.00/each 550.00 950.00 11 120-0167 85 Chev. Total amount $7,950.00 M&C P-4312 adopted It was the consensus of the City Council that the recommendation be adopted. M&C P-4313 re There was presented Mayor and Council Communication No. P-4313 from the City sale of vehicles Manager, as follows: and misc. SUBJECT: AUCTION OF CITY EQUIPMENT HELD ON MAY 12, 1990 RECOMMENDATION: It is recommended that the City Council confirm the sale of vehicles and miscellaneous surplus equipment listed below that were disposed of by public auction held on May 12, 1990. Gross proceeds were $570,840.00. This auction was conducted by Lone Star Auctioneers, Inc. Their fee will amount to Minutes of City Council P-3 Page 152 $25,656.84 which is based on a percentage formula. AUC # EQUIP # YEAR MAKE DESCRIPTION BUYER SALE PRICE 1 120-0089 82 Dodge 4 cyl. DEW Enterprises $ 600.00 2 120-0090 82 Dodge 4 cyl. J. L. Reynolds 800.00 3 120-0102 82 Dodge 4 cyl. Heads Used Cars 650.00 4 120-0150 84 Chev. 4 cyl. Golden Auto Sale 975.00 5 120-0083 82 Dodge 4 cyl. Stacey L. Gerich 700.00 6 120-0154 84 Chev. 4 cyl. Nagy N. Khefil 750.00 7 120-0168 85 Chev. 4 cyl. Michael W. Green 850.00 8 120-0169 85 Chev. 4 cyl. H&R Motors 1,200.00 9 120-0153 84 Chev. 4 cyl. H&R Motors 1,025.00 10 120-0170 85 Chev. 4 cyl. Michael W. Green 950.00 11 120-0167 85 Chev. 4 cyl. Michael W. Green 1,100.00 12 120-0151 84 Chev. 4 cyl. Michael W. Green 1,100.00 13 120-0101 82 Dodge 4 cyl. Santa Maria Motors 700.00 14 120-0099 82 Dodge 4 cyl. Roadrunner Eq. Co. 825.00 15 120-0100 82 Dodge 4 cyl. Trio Motors 800.00 16 601-0127 84 J/Deere Mower Machine Service Co. 750.00 17 601-0117 86 J/Deere Mower Ronald K. Weber 1,850.00 18 601-0115 86 J/Deere Mower Watts Tractor Co. 1,650.00 19 601-0118 86 J/Deere Mower David A. Gechter 2,000.00 20 602-0014 81 Toro 72" Mower Walter T. Campbell 1,550.00 21 602-0047 87 Toro Rotary Mower Hudgens Farm & Grain 1,000.00 22 602-0044 87 Toro Mower- Truks & Kars 1,800.00 23 602-0045 87 Toro Mower David A. Gechter 2,000.00 24 603-0033 82 Toro Mower Diversifleet Inc. 1,100.00 25 619-0011 84 Jacobsen Mower Timberview G. C. 975.00 26 619-0014 84 Jacobsen Mower Diversifleet Inc. 1,100.00 27 619-0023 77 Toro Mower Diversifleet Inc. 900.00 28 619-0006 79 Toro Mower Walter T. Campbell 450.00 29 819-0011 79 Toro Sand Rake Machine Service Co. 250.00 Minutes of City Council P-3 Page 152 153. M&C P-4313 cont. 30 601-0080 81 J/Deere Tractor H&R Motors 4,500.00 31 837-0020 82 Jacobsen Mower Watts Tractor 325.00 32 601-0052 78 Intl. Tractor H&H Dairy 4,300.00 33 836-0113 75 J/Deere Mower Regino Ramirez 675.00 34 601-0015 81 J/Deere Tractor H&R Motors 4,100.00 35 601-0093 84 M/Ferguson Tractor Bollinger's Used Trucks 5,600.00 36 601-0092 84 M/Ferguson Tractor Bollinger's Used Trucks 6,200.00 37 601-0094 84 M/Ferguson Tractor Bollinger's Used Trucks 6,750.00 38 836-0099 85 Ford Mower Robert C. Templeton 875.00 39 601-0055 79 Ford Tractor H&R Motors 5,000.00 40 126-0615 83 Plym. 4 cyl. Timothy Thomas 19000.00 41 126-0596 83 Plym. 4 cyl. Archs Corporation 1,150.00 42 126-0624 84 Plym. 4 cyl. Charles D. Skinner 1,750.00 43 126-0635 84 Plym. 4 cyl. Countess & Countess 700.00 44 126-0572 81 Dodge 4 cyl. South Dallas Auto Cntr. 1,350.00 45 126-0580 81 Dodge 4 cyl. Clifford Bell 950.00 46 174-0003 78 Plym. 6 cyl. Castello, Inc. 600.00 47 126-0603 83 Plym. 4 cyl. South Dallas Auto Cntr. 1,150.00 48 126-0605 83 Plym. 4 cyl. Judy Tucker ' 19750.00 49 126-0468 78 Plym. 6 cyl. Crawford Motors 875.00 50 126-0428 77 Dodge 6 cyl. Roy Applewhite 700.00 51 105-0067 84 Kawa. M/C Trac -Tec, Inc. 1,150.00 52 105-0069 84 Kawa. M/C Patsy McGlothlin 800.00 53 105-0072 86 Kawa. M/C Santa Maria Motors 1,600.00 54 105-0074 86 Kawa. M/C Castello, Inc. 1,650.00 55 105-0075 86 Kawa. M/C Paul D. Jones 1,750.00 56 105-0077 87 Kawa. M/C Dal -Star M/C Escort 1,850.00 - 57 105-0078 87 Kawa. M/C Michael W. Green 19950.00 58 105-0079 87 Kawa. M/C Dal -Star M/C Escort 2,000.00 59 147-0874 87 Ford V-8 Paul D. Lilly 2,900.00 60 147-0988 88 Chev. V-8 John Blanto 4,000.00 61 147-0853 87 Ford V-8 Pursuit Unlimited 3,100.00 62 147-0950 88 Chev. V-8 John Blanto 3,750.00 63 147-0858 87 Ford V-8 City of Sansom Park 2,200.00 64 147-0932 88 Chev. V-8 John Blanto 3,800.00 65 147-0978 88 Chev. V-8 Town of Lakeside 2,200.00 66 147-0038 88 Chev. V-8 A-Rhima Used Cars 3,400.00 67 147-0986 88 Chev. V-8 National Imports 3,600.00 68 147-0019 88 Chev. V-8 Diversifleet, Inc. 3,700.00 69 147-0969 88 Chev. V-8 Woodside Motors Inc. 3,650.00 70 147-0984 88 Chev. V-8 Diversifleet, Inc. 3,600.00 71 147-0961 88 Chev. V-8 John Blanto 3,800.00 72 147-0990 88 Chev. V-8 John Hartnack 3,700.00 73 147-0998 88 Chev. V-8 Maniek Motors 4,100.00 74 147-0832 87 Ford V-8 Pursuit Unlimited 3,200.00 75 147-0883 87 Ford V-8 Pursuit Unlimited 3,600.00 77 147-0032 88 Chev. V-8 Aaron Auto Sales 2,650.00 78 147-0975 88 Chev. V-8 G&M Auto Sales 3,650.00 79 147-0966 88 'Chev. V-8 City of Hudson Oaks 2,200.00 80 147-0036 88 Chev. V-8 G&M Auto Sales 3,700.00 81 147-0954 88 Chev. V-8 John Blanto 3,900.00 82 147-0964 88 Chev. V-8 Woodside Motors, Inc. 3,750.00 83 147-0957 88 Chev. V-8 G&M Auto Sales 3,900.00 84 147-0994 88 Chev. V-8 John Hartnack 3,700.00 85 147-0016 88 Chev. V-8 Woodside Motors, Inc. 3,700.00 86 147-0985 88 Chev. V-8 John Hartnack 3,600.00 87 147-0989 88 Chev. V-8 M&A Auto Sales 3,600.00 88 147-0956 88 Chev. V-8 Changize Rolchidett 3,900.00- 89 147-0983 88 Chev. V-8 Maniak Motors 4,000.00 90 147-0865 87 Ford V-8 City of Sansom Park 2,200.00 91 147-0980 88 Chev. V-8 G&M Auto Sales 3,950.00 92 220-0051 78 Ford V-8 Van Mark J. LeFan 1,500.00 94 220-0048 81 Chev. 6 cyl. Van Nagy N. Khafil 1,650.00 95 147-0014 88 Chev. V-8 M&A Auto Sales 3,850.00 96 147-0834 87 Ford V-8 G&M Auto Sales 2,500.00 97 147-0962 88 Chev. V-8 Town of Lakeside 2,200.00 98 147-0829 87 Ford V-8 Pursuit Unlimited 3,100.00 100 203-0111 83 Dodge 6 cyl. P/U Louis Mercado 1,400.00 101 147-0997 88 Chev. V-8 Lucas Motors 3,800.00 102 147-0993 88 Chev. V-8 Diversifleet, Inc. 3,600.00 103 147-0033 88 Chev. V-8 Woodside Motors 3,650.00 104 147-0047 88 Chev. V-8 Diversifleet, Inc. 3,350.00 105 147-0928 88 Chev. V-8 Woodside Motors 3,600.00 106 147-0960 88 Chev. V-8 John Hartnack 3,550.00 107 147-0951 88 Chev. V-8 Christopher D. Hammond 3,700.00 108 147-0051 88 Chev. V-8 Diversifleet, Inc. 4,000.00 109 147-0927 88 Chev. V-8 Tx Executive Protection 3,700.00 110 147-0999 88 Chev. V-8 Tx Executive Protection 3,650.00 111 147-0054 88 Chev. V-8 Nagy N. Khafil 4,000.00 112 202-0112 82 Chev. 6 cyl. P/U S. Dallas Auto Cntr. 1,750.00 113 202-0114 82 Chev. 6 cyl. P/U Clifford Bell 1,500.00 114 201-0223 76 Ford 6 cyl. P/U Archs Corp. 950.00 115 211-0043 76 Chev. 4 cyl. P/U Mark J. LeFan 650.00 116 214-0070 81 Chev. 4 cyl. P/U Patsy D. McGlothlin 1,900.00 Minutes of City Council P-3 Page 153 1"-Y TUESDAY, JUNE 5, 1990 M&C P-4313 cont. 117 244-0013 79 Chev. 8 cyl. Ladusta Braziel 1,050.00 118 185-0002 82 Chev. 8 cyl. Sub. Eminence Exeoha 1,650.00 119 184-0058 82 Chev. 8 cyl. Sub. Clifford Bell 1,550.00 120 203-0142 85 Chev. 8 cyl. P/U Dorian Salmon 2,500.00 121 203-0119 84 Chev. 6 cyl. P/U Golden Auto Sale 1,250.00 122 184-0056 82 Chev. 8 cyl. Sub. S. Dallas Auto Cntr. 1,500.00 123 147-0827 87 Ford V-8 LTD Pursuit Unlimited 2,900.00 124 147-0844 87 Ford V-8 LTD Beltline Motor Cntr. 2,800.00 125 147-0929 88 Chev. V-8 Caprice City of Westworth Vil. 2,200.00 126 147-0995 88 Chev. V-8 Caprice Truks & Kars 3,600.00 127 147-0825 87 Ford V-8 LTD City of Willow Park 2,200.00 128 147-0006 88 Chev. V-8 Caprice G&M Auto Sales 3,600.00 129 147-0849 87 Ford V-8 LTD City of Willow Park 2,200.00 130 626-0032 80 Ford Tractor/ Carroll Auto Sales 10,000.00 Backhoe 131 626-0033 80 Ford Tractor/ Trac -Tec, Inc. 8,000.00 Backhoe 132 626-0051 83 Case Tractor/ Trac -Tec, Inc. 9,600.00 Backhoe 133 626-0041 80 J/Deere Tractor/ Bollinger's Used Trks 8,700.00 Backhoe 134 626-0034 80 Ford Tractor/ H&R Motors 9,100.00 Backhoe 135 203-0093 82 Chev. 6 cyl. P/U Fernando Armenta 1,600.00 136 203-0125 84 Chev. 6 cyl. P/U Haji Gul 2,150.00 137 203-0099 83 Dodge 6 cyl. P/U Arrow Auto Sales 1,700.00 138 184-0059 82 Chev. 8 cyl. Sub. Truks & Kars 1,950.00 139 214-0077 81 Chev. 4 cyl. P/U Jack D. Johnston 1,300.00 140 203-0127 84 Chev. 6 cyl. P/U Judy Tucker 2,550.00 141 147-0010 88 Chev. V-8 Caprice Woodside Motors Inc. 3,550.00 142 147-0887 87 Ford V-8 LTD G&M Motors 2,550.00 143 147-0987 88 Chev. V-8 Caprice Diversifleet Inc. 3,500.00 144 147-0021 88 Chev. V-8 Caprice Acme Auto 3,500.00 145 147-0042 88 Chev. V-8 Caprice Diversifleet Inc. 3,400.00 146 203-0136 85 Chev. V-8 P/U Nagy N. Khafil 2,000.00 147 203-0138 85 Chev. V-8 P/U David's Stove Store 1,900.00 148 203-0135 85 Chev. V-8 P/U David A. Gechter 3,100.00 149 203-0139 85 Chev. V-8 P/U Robert D. Ballard 3,200.00 150 203-0128 84 Chev. 6 cyl. P/U Davis Truck & Eq. 1,850.00 151 203-0112 83 Dodge 6 cyl. P/U Crest, Inc. 1,800.00 152 203-0090 82 Chev. 6 cyl. P/U Golden Auto Sale 2,300.00 155 214-0107 84 Chev. 4 cyl. P/U Jack D. Johnston 2,500.00 156 147-0821 86 Ford V-8 LTD Maniak Motors 2,700.00 157 147-0824 87 Ford V-8 LTD Diversifleet, Inc. 3,150.00 158 147-0826 87 Ford V-8 LTD Pursuit Unlimited 3,600.00 159 147-0847 87 Ford V-8 LTD Beltline Motors Cntr. 2,850.00 160 147-0045 88 Chev. V-8 Caprice Acme Auto 3,600.00 161 203-0060 79 Dodge 6 cyl. P/U Clifford Bell 900.00 162 214-0100 84 Chev. 4 cyl. P/U Arrow Auto Sales 1,950.00 163 214-0109 84 Chev. 4 cyl. P/U Carrol Auto Sales 2,150.00 164 147-0991 88 Chev. V-8 Caprice Tx Executive Protection 3,800.00 165 203-0179 86 Chev. V-6 P/U Heads Used Cars 3,400.00 166 203-0092 82 Chev. 6 cyl. P/U Hudgins Farms & Grain 2,400.00 170 626-0043 82 J/Deere Loader Fargo Parts & Eq. 22,500.00 171 624-0031 78 Cat. Loader Melvin J. Grobe 20,000.00 172 240-0549 78 Ford Dump Truck Davis Truck & Eq. 3,100.00 173 240-0546 78 Ford Dump Truck Davis Truck & Eq. 3,800.00 174 240-0548 78 Ford - Dump Truck Davis Truck & Eq. 3,100.00 175 240-0545 78 Ford Dump Truck Davis Truck & Eq. 5,000.00 176 242-0002 80 Intl. Truck Anderson Paving Co. 7,500.00 177 626-0047 82 Cat. Loader Bob Ward Eq. Co. 26,000.00 178 624-0049 83 Ford Loader Timberview G.C. 25,300.00 180 No Eq. Number Edger Milas Franklin 60.00 181 No Eq. Number Tiller Regino Ramirez 60.00 182 No Eq. Number Murray Mower Henry Anderson 15.00 182 No Eq. Number Murray Mower Fed. Ramirez 45.00 184 No Eq. Number Dayton Mower Fed. Ramirez 30.00 185 No Eq. Number Sears Mower Fed. Ramirez 25.00 186 No Eq. Number Sears Mower Fed. Ramirez 25.00 187 No Eq. Number Murray Mower Fed. Ramirez 30.00 188 No Eq. Number Dayton Mower Regino Ramirez 30.00 189 No Eq. Number Dayton Mower Regino Ramirez 55.00 190 No Eq. Number Sarlo Mower Milas Franklin 70.00 191 817-0001 Jacobsen Turf Sweeper Davis Truck 550.00 192 800-0048 Joy Compressor Regino Ramirez 1,600.00 193 716-0029 Bomag Hand Roller Regino Ramirez 550.00 195 716-0043 Bomag Hand Roller Regino Ramirez 650.00 196 838-0029 Ford Flail Mower Countess & Countess 325.00 198 836-0084 Ford Rotary Mower Regino Ramirez 425.00 200 880-0013 Target Concrete Saw Machine Svc. Co. 225.00 201 880-0012 Target Concrete Saw Regino Ramirez 100.00 203 320-0253 Dump Bed Bollinger's Used Trucks 600.00 204 249-0096 Crane/Carrier Gee's Used Cars 750.00 205 240-0579 79 Intl. Truck Andy's Truck Cntr. 4,900.00 Minutes of City Council P-3 Page 154 TUESDAY JUNE 5 1990 M&C P-4313 cont. 206 249-0118 83 Intl. Truck Andy's Truck Cntr. 4,800.00 No. 21-20-71, Technical 207 105-0066 84 Kawa. M/C Glen E. Atkins 120.00 Expenditures will be made 209 770-0031 81 Motor Grader Roadrunner Eq. Co. 19,400.00 210 No Eq. Number Scrap Pallet Countess & Countess 100.00 $570,840.00 DISCUSSION: On July 6, 1989 (M&C P-3565), the City Council authorized the renewal of a one-year purchase agreement with Lone Star Auctioneers, Inc. to conduct public auctions to dispose of surplus City vehicles and equipment. An auction was held on May 12, 1990, at 4100 Columbus Trail, and gross proceeds were deposited as follows: General Fund 01 Water Fund 45 Sewer Fund 45 Equipment Services Fund 61 Solid Waste Fund 64 Golf Fund 39 FINANCING: Index Code 044032 Index Code 093187 Index Code 093336 Index Code 069229 Index Code 064501 Index Code 065953 $348,745.00 127,775.00 54,995.00 21,900.00 10,450.00 6,975.00 $570.840.00 M&C P-4313 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. P-4313, be adopted. M&C L-10118 re There was presented Mayor and Council Communication No. L-10118 from the City acquisttion bf Manager, as follows: permanent easement SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS (4 TRANSACTIONS) RECOMMENDATION: It is recommended that approval be given for the acquisition of the land and/or easements described below: 1. Project Name: Sanitary Sewer Rehabilitation Contract XVIII Type of Acquisition: Dedication - Permanent Sanitary Sewer Easement Description of Land: A rectangularly shaped strip of land being 7.5 feet in width and 60 feet in length out of Lot 13, Block 2, Hightower Addition, as recorded in Volume 2016, Page 241, Deed Records, Tarrant County, Texas. This strip of land is located in the rear side being the most easterly 7.5 feet of Lot 13, containing 450 square feet of land as required for a permanent sanitary sewer easement. Square Feet: 450 Zoning: "B" Two -Family Description of Improvements: None in the taking Parcel No.: 13 Consideration: $1.00 Location: 2144 Grace Street Owner: Verna N. Harris Financing: Sufficient funds are available in Sewer Capital Improvements, Fund 58, Project No. 017108-00, Sanitary Sewer Rehabilitation Contract XVIII. This expenditure will be made from Index Code 698787. Land Agent: Frances Sargeant 2. Project'Name: Sanitary Sewer Rehabilitation Contract XVIII Type of Acquisition: Dedication - Permanent Sanitary Sewer Easement Description of Land: A rectangularly shaped strip of land being 7.5 feet in width and 60 feet in length out of Lot 15, Block 2, Hightower Addition, as recorded in Volume 4814, Page 815, Deed Records, Tarrant County, Texas. This strip of land is located in the rear side being the most easterly 7.5 feet of Lot 15, containing 450 square feet of land as required for a permanent sanitary sewer easement. Minutes of City Council P-3 Page 155 Sufficient' funds are available in Equipment Services Fund 61, Account No. 21-20-71, Technical Services, in the amount of $25,656.84 to pay Lone Star Auctioneers, Inc. Expenditures will be made from Index Code 240317. M&C P-4313 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. P-4313, be adopted. M&C L-10118 re There was presented Mayor and Council Communication No. L-10118 from the City acquisttion bf Manager, as follows: permanent easement SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS (4 TRANSACTIONS) RECOMMENDATION: It is recommended that approval be given for the acquisition of the land and/or easements described below: 1. Project Name: Sanitary Sewer Rehabilitation Contract XVIII Type of Acquisition: Dedication - Permanent Sanitary Sewer Easement Description of Land: A rectangularly shaped strip of land being 7.5 feet in width and 60 feet in length out of Lot 13, Block 2, Hightower Addition, as recorded in Volume 2016, Page 241, Deed Records, Tarrant County, Texas. This strip of land is located in the rear side being the most easterly 7.5 feet of Lot 13, containing 450 square feet of land as required for a permanent sanitary sewer easement. Square Feet: 450 Zoning: "B" Two -Family Description of Improvements: None in the taking Parcel No.: 13 Consideration: $1.00 Location: 2144 Grace Street Owner: Verna N. Harris Financing: Sufficient funds are available in Sewer Capital Improvements, Fund 58, Project No. 017108-00, Sanitary Sewer Rehabilitation Contract XVIII. This expenditure will be made from Index Code 698787. Land Agent: Frances Sargeant 2. Project'Name: Sanitary Sewer Rehabilitation Contract XVIII Type of Acquisition: Dedication - Permanent Sanitary Sewer Easement Description of Land: A rectangularly shaped strip of land being 7.5 feet in width and 60 feet in length out of Lot 15, Block 2, Hightower Addition, as recorded in Volume 4814, Page 815, Deed Records, Tarrant County, Texas. This strip of land is located in the rear side being the most easterly 7.5 feet of Lot 15, containing 450 square feet of land as required for a permanent sanitary sewer easement. Minutes of City Council P-3 Page 155 TUESDAY, JUNE 5, 1990 C L-10118 cont. Square Feet: 450 Zoning: "B" Two -Family Description of Improvements: None in the taking Parcel No.: 15 Consideration: $1.00 Location: 2136 Grace Street Owner: Grace E. Apperson Financing: Sufficient funds are available in Sewer Capital Improvements, Fund 58, Project No. 017108-00, Sanitary Sewer Rehabilitation Contract XVIII. This expenditure will be made from Index Code 698787. Land Agent: Frances Sargeant 3. Project Name: Sanitary Sewer Rehabilitation Contract XVIII Type of Acquisition: Dedication - Permanent Sanitary Sewer Easement Description of Land: A rectangularly shaped strip of land being 7.5 feet in width and 60 feet in length out of Lot 16, Block 2, Hightower Addition, as recorded in Volume 6683, Page 574, Deed Records, Tarrant County, Texas. This strip of land is located in the rear side being the most easterly 7.5 feet of Lot 16, containing 450 square feet of land as required for a permanent sanitary sewer easement. Square Feet: 450 Zoning: "B" Two -Family Description of Improvements: None in the taking Parcel No.: 16 Consideration: $1.00 Location: 2132 Grace Street Owner: Gloria Trevino Financing: Sufficient funds are available in Sewer Capital Improvements, Fund 58, Project No. 017108-00, Sanitary Sewer Rehabilitation Contract XVIII. This expenditure will be made from Index Code 698787. Land Agent: Frances Sargeant 4. Project Name: Sanitary Sewer Rehabilitation Contract XVIII Type of Acquisition: Dedication - Permanent Sanitary Sewer Easement Description of Land: A rectangularly shaped strip of land being 7.5 feet in width and 60 feet in length out of Lot 17, Block 2, Hightower Addition, as recorded in Volume 1884, Page 33, Deed Records, Tarrant County, Texas. This strip of land is located in the rear side being the most easterly 7.5 feet of Lot 17, containing 450 square feet of land as required for a permanent sanitary sewer easement. Square Feet: 450 Zoning: "B" Two -Family Description of Improvements: None in the taking Parcel No.: 17 Consideration: $1.00 Location: 2128 Grace Street Owner: Mrs. Curtis M. Owens Financing: Sufficient funds are available in Sewer Capital Improvements, Fund 58, Project No. 017108-00, Sanitary Sewer Rehabilitation Contract XVIII. This expenditure will be made from Index Code 698787. Land Agent: Frances Sargeant &C L-10118 adopteIt was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. L-10118, be adopted. Minutes of City Council P-3 Page 156 15 TUESDAY, JUNE 5, 1990 There was presented Mayor and Council Communication No. L-10119 from the City M&C L-10119 re Manager, as follows: acquisition of permanent easement SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS (3 TRANSACTIONS) RECOMMENDATION: It is recommended that approval be given for the acquisition of the land and/or easements described below: 1. Project Name: Sanitary Sewer Rehabilitation Contract XVIII Type of Acquisition: Dedication - Permanent Sanitary Sewer Easement Description of Land: A rectangularly shaped strip of land being 7.5 feet in width and 60 feet in length out of Lot 7, Block 2, Hightower Addition, as recorded in Volume 9810, Page 90, Deed Records, Tarrant County, Texas. This strip of land is located in the rear side being the most westerly 7.5 feet of Lot 7, containing 450 square feet of land as required for a permanent sanitary sewer easement. Square Feet: 450 Zoning: "B" Two -Family Description of Improvements: None in the taking Parcel No.: 7 Consideration: $1.00 Location: 2121 Blandin Avenue Owner: U.S. Department HUD Financing: Sufficient funds are available in Sewer Capital Improvements, Fund 58, Project No. 017108-00, Sanitary Sewer Rehabilitation Contract XVIII. This expenditure will be made from Index Code 698787. Land Agent:, Frances Sargeant 2. Project Name: Sanitary Sewer Rehabilitation Contract XVIII Type of Acquisition: Dedication - Permanent Sanitary Sewer Easement Description of Land: A rectangularly shaped strip of land being 7.5 feet in width and 60 feet in length out of Lot 1, Block 2, Hightower Addition, as recorded in Volume 939, Page 601, Deed Records, Tarrant County, Texas. This strip of land is located in the rear side being the most westerly 7.5 feet of Lot 1, containing 450 square feet of land as required for a permanent sanitary sewer easement. Square Feet: 450 Zoning: "B" Two -Family Description of Improvements: None in the taking Parcel No.: 1 Consideration: $1.00 Location: 2145 Blandin Avenue Owner: F. L. and Naomi Arnold, Sr. Financing: Sufficient funds are available in Sewer Capital Improvements, Fund 58, Project No. 017108-00, Sanitary Sewer Rehabilitation Contract XVIII. This expenditure will be made from Index Code 698787. Land Agent: Frances Sargeant 3. Project Name: Sanitary Sewer Rehabilitation Contract XVIII Type of Acquisition: Dedication - Permanent Sanitary Sewer Easement Description of Land: A rectangularly shaped strip of land being 7.5 feet in width and 60 feet in length out of Lot 2, Block 2, Hightower Addition, as recorded in Volume 6987, Page 2324, Deed Records, Tarrant County, Texas. This strip of land is located in the rear side being the most westerly 7.5 feet of Lot 2, containing 450 square feet of land as required for a permanent sanitary sewer easement. Square Feet: 450 Zoning: "B" Two -Family Minutes of City Council P-3 Page 157 158 M&C L-10119 cont. C L-10119 adopte M&C L-10120 re acquisition of permanent easement TUESDAY, JUNE 5, 1990 Description of Improvements: None in the taking Parcel No.: 2 Consideration: $1.00 Location: 2141 Blandin Avenue Owner: Hector and Josie R. Canales Financing: Sufficient funds are available in Sewer Capital Improvements, Fund 58, Project No. 017108-00, Sanitary Sewer Rehabilitation Contract XVIII. This expenditure will be made from Index Code 698787. Land Agent: Frances Sargeant It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. L-10119, be adopted. There was presented Mayor and Council Communication No. L-10120 from the City Manager, as follows: SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS (8 TRANSACTIONS) RECOMMENDATION: It is recommended that approval be given for the acquisition of the land and/or easements described below: 1. Project Name: Sanitary Sewer Rehabilitation Contract XVIII Type of Acquisition: Dedication - Permanent Sanitary Sewer Easement Description of Land: A rectangularly shaped strip of land being 7.5 feet in width and 60 feet in length out of Lot 11, Block 2, Hightower Addition, as recorded in Volume 5858, Page 639, Deed Records, Tarrant County, Texas. This strip of land is located in the rear side being the most westerly 7.5 feet of Lot 11, containing 450 square feet of land as required for a permanent sanitary sewer easement. Square Feet: 450 Zoning: "B" Two -Family Description of Improvements: None in the taking Parcel No.: 11 Consideration: $1.00 Location: 2105 Blandin Avenue Owner: Katherine R. Gober Anglin Financing: Sufficient funds are available in Sewer Capital Improvements, Fund 58, Project No. 017108-00, Sanitary Sewer Rehabilitation Contract XVIII. This expenditure will be made from Index Code 698787. Land Agent: Frances Sargeant 2. Project Name: Sanitary Sewer Rehabilitation Contract XVIII Type of Acquisition: Dedication - Permanent Sanitary Sewer Easement Description of Land: A rectangularly shaped strip of land being 7.5 feet in width and 60 feet in length out of Lot 12, Block 2, Hightower Addition, as recorded in Volume 2878, Page 458, Deed Records, Tarrant County, Texas. This strip of land is located in the rear side being the most westerly 7.5 feet of Lot 12, containing 450 square feet of land as required for a permanent sanitary sewer easement. Square Feet: 450 Zoning: "B" Two -Family Description of Improvements: None in the taking Parcel No.: 12 Consideration: $1.00 Location: 2101 Blandin Avenue Owner: Dee Basinger Minutes of City Council P-3 Page 158 159 TUESDAY, JUNE 5, 1990 M&C L-10120 cont. F i n a n c i n g : Sufficient funds are available in Sewer Capital Improvements, Fund 58, Project No. 017108-00, Sanitary Sewer Rehabilitation Contract XVIII. This expenditure will be made from Index Code 698787. Land Agent: Frances Sargeant 3. Project Name: Sanitary Sewer Rehabilitation Contract XVIII Type of Acquisition: Dedication - Permanent Sanitary Sewer Easement Description of Land: A rectangularly shaped strip of land being 7.5 feet in width and 60 feet in length out of Lot 14, Block 2, Hightower Addition, as recorded in Volume 2300, Page 424, Deed Records, Tarrant County, Texas. This strip of land is located in the rear side being the most easterly 7.5 feet of Lot 14, containing 450 square feet of land as required for a permanent sanitary sewer easement. Square Feet: 450 Zoning: "B" Two -Family Description of Improvements: None in the taking Parcel No.: 14 Consideration: $1.00 Location: 2140 Grace Street Owner: Lewis and Mable Belew Financing: Sufficient funds are available in Sewer Capital Improvements, Fund 58, Project No. 017108-00, Sanitary Sewer Rehabilitation Contract XVIII. This expenditure will be made from Index Code 698787. Land Agent: Frances Sargeant 4. Project Name: Sanitary Sewer Rehabilitation Contract XVIII Type of Acquisition: Dedication - Permanent Sanitary Sewer Easement Description of Land: A rectangularly shaped strip of land being 7.5 feet in width and 60 feet in length out of Lot 18, Block 2, Hightower Addition, as recorded in Volume 1917, Page 238, Deed Records, Tarrant County, Texas. This strip of land is located in the rear side being the most easterly 7.5 feet of Lot 18, containing 450 square feet of land as required for a permanent sanitary sewer easement. Square Feet: 450 Zoning: "B" Two -Family Description of Improvements: None in the taking Parcel No.: 18 Consideration: $1.00 Location: 2124 Grace Street Owner: Ruby K. Sinclair Financing: Sufficient funds are available in Sewer Capital Improvements, Fund 58, Project No. 017108-00, Sanitary Sewer Rehabilitation Contract XVIII. This expenditure will be made from Index Code 698787. Land Agent: Frances Sargeant 5. Project Name: Sanitary Sewer Rehabilitation Contract XVIII __pe of Acquisition: Dedication - Permanent Sanitary Sewer Easement Description of Land: A rectangularly shaped strip of land being 7.5 feet in width and 60 feet in length out of Lot 20, Block 2, Hightower Addition, as recorded in Volume 5653, Page 980, Deed Records, Tarrant County, Texas. This strip of land is located in the rear side being the most easterly 7.5 feet of Lot 20, containing 450 square feet of land as required for a permanent sanitary sewer easement. Square Feet: 450 Zoning: "B" Two -Family Description of Improvements: None in the taking Parcel No.: 20 Minutes of City Council P-3 Page 159 &C L-10120 cont. 6. TUESDAY, JUNE 5, 1990 Consideration: $1.00 Location: 2116 Grace Street Owner: Frances Vallelunga Financing: Sufficient funds are available in Sewer Capital Improvements, Fund 58, Project No. 017108-00, Sanitary Sewer Rehabilitation Contract XVIII. This expenditure will be made from Index Code 698787. Land Agent: Frances Sargeant Project Name: Sanitary Sewer Rehabilitation Contract XVIII Type of Acquisition: Dedication - Permanent Sanitary Sewer Easement Description of Land: A rectangularly shaped strip of land being 7.5 feet in width and 60 feet in length out of Lot 22, Block 2, Hightower Addition, as recorded in Volume 1887, Page 520, Deed Records, Tarrant County, Texas. This strip of land is located in the rear side being the most easterly 7.5 feet of Lot 22, containing 450 square feet of land as required for a permanent sanitary sewer easement. Square Feet: 450 Zoning: "B" Two -Family Description of Improvements: None in the taking Parcel No.: 22 Consideration: $1.00 Location: 2108 Grace Street Owner: Lillian M. Ganier Financing: Sufficient funds are available in Sewer Capital Improvements, Fund 58, Project No. 017108-00, Sanitary Sewer Rehabilitation Contract XVIII. This expenditure will be made from Index Code 698787. Land Agent: Frances Sargeant 7. Project Name: Sanitary Sewer Rehabilitation Contract XVIII Type of Acquisition: Dedication,- Permanent Sanitary Sewer Easement Description of Land: A rectangularly shaped strip of land being 7.5 feet in width and 60 feet in length out of Lot 23, Block 2, Hightower Addition, as recorded in Volume 5131, Page 383, Deed Records, Tarrant County, Texas. This strip of land is located in the rear side being the most easterly 7.5 feet of Lot 23, containing 450 square feet of land as required for a permanent sanitary sewer easement. Square Feet: 450 Zoning: "B" Two -Family Description of Improvements: None in the taking Parcel No.: 23 Consideration: $1.00 Location: 2104 Grace Street Owner: Mrs. Mary Porter Financing: Sufficient funds are available in Sewer Capital Improvements, Fund 58, Project No. 017108-00, Sanitary Sewer Rehabilitation Contract XVIII. This expenditure will be made from Index Code 698787. Land Agent: Frances Sargeant 8. Project Name: Sanitary Sewer Rehabilitation Contract XVIII Type of Acquisition: Dedication - Permanent Sanitary Sewer Easement Description of Land: A rectangularly shaped strip of land being 7.5 feet in width and 60 feet in length out of Lot 24, Block 2, Hightower Addition, as recorded in Volume 6331, Page 503, Deed Records, Tarrant County, Texas. This strip of land is located in the rear side being the most easterly 7.5 feet of Lot 24, containing 450 square feet of land as required for a permanent sanitary sewer easement. Minutes of City Council P-3 Page 160 161 TUESDAY JUNE 5 1990 M&C L-10120 cont. Square Feet: 450 Zoning: < "B" Two -Family Description of Improvements: None in the taking Parcel No.: 24 Consideration: $1.00 Location: 2100 Grace Street Owner: Edward E. Ravey, Jr. Financing: Sufficient funds are available in Sewer Capital Improvements, Fund 58, Project No. 017108-00, Sanitary Sewer Rehabilitation Contract XVIII. This expenditure will be made from Index Code 698787. Land Agent: Frances Sargeant M&C L-10120 adopte It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. L-10120, be adopted. M&C PZ -1582 re There was presented Mayor and Council Communication No. PZ -1582 from the City cont. for one week Manager recommending that an ordinance be adopted vacating the following described streets rights-of-way: Grove Street: from the northerly line of I.H. No. 30 (East Lancaster Avenue) northerly to the south line of Luella Avenue, a width of 60 feet, adjacent to Blocks F-4, F-3, F-2, F-1, L-1, L-2, M-2, M-1, G-1, G-2, G-3, and G-4, Daggett's Addition; Luella Avenue: from the westerly line of A.T. & S.F. Railway Company property (near the southwest corner of Block 142, Adamson's (Clark's) Addition east to the westerly line of former Pecan Street (vacated previously by Ordinance No. 2231), a width of 60 feet, adjacent to Blocks 142, 143 and 144, Adamson's (Clark's) Addition and Blocks F-4 and G-4, Daggett's Addition; East Eighteenth Street: from the easterly line of Grove Street to the westerly line of former Pecan Street, a width of 60 feet, adjacent to Blocks M-2 and M-3, Daggett's Addition; Unnamed Street: lying between and adjacent to Blocks 143 and 144, Adamson's (Clarks) Addition, from the north line of Luella Avenue north to the westerly line of former Pecan Street and the south line of Morgan Street, a width of 60 feet; that the subject streets, acquired by dedication, do not contain any utility facilities; that the City Plan Commission has recommended approval of the vacation of the above-described rights-of-way. Mayor Pro tempore Gilley requested that the City Attorney review the status of 12th Street. Council Member Webber made a motion, seconded by Council Member Meadows, that consideration Mayor and Council Communication No. PZ -1582 be continued for one week. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C C-12343 re There was presented Mayor and Council Communication No. C-12343 from the City annual maintenance Manager stating that the Village Creek Wastewater Treatment Plant uses this contract in and repair parts the maintenance of the vital uninterruptable power supply units which provide a agreement constant power supply to the automated operation, especially during severe weather conditions; stating that funds are available in Water and Sewer Operating Fund 45, Account No. 70-50-02, Index Code 384487; and recommending that the City Council authorize: 1. An annual maintenance and repair parts agreement, with two one-year options to renew, for an uninterruptable power supply for the Water Department with the sole source vendor, Solid State Controls, Inc., based on unit pricing for labor, travel and parts at the manufacturer's published price list, as follows: LABOR TRAVEL PARTS $880.00/8 Hr. Day $400.00/Trip Manufacturer's Net To and From Site List Price $200.00/Day Living Expense 2. Authorize the City Manager, at his discretion, to exercise the option to renew; and 3. This agreement to be effective upon date of authorization by the City Council until one year later or first renewal option is authorized. M&C C-12343 adopte It was the consensus of the City Council that the recommendations be adopted. M&C C-12344 re There was presented Mayor and Council Communication No. C-12344 from the City amendment to Manager stating that the Cities of Fort Worth and Dallas entered into a contract with RAILTRAN Ned K. Burleson & Associates, Inc., on July 2, 1986, to provide general engineering consultant services for the RAILTRAN Corridor; that, in order to improve the Corridor for mass transit, especially the possibility of rapid mass transit, the Committee has agreed that certain crossings should be grade separated, which warrants a study; that the study will show which separations will be cost effective both in terms of the traffic counts, as well as ease of transit, and will also provide needed information if Minutes of City Council P-3 Page 161 1(3'' N TUESDAY, JUNE 5, 1990 M&C C-12344 cont. IIRAILTRAN is to receive any federal funds for the grade separations; that Dr. Burleson has already completed a rough draft of this study as a part of his general engineering service; that the maximum compensation to be paid for all services performed under Contract No. 15035, as amended, would be increased by $35,000.00 to a total amount of $276,800.00; that funds are available in RAILTRAN Dallas operating fund and will be transferred to the RAILTRAN Fort Worth operating fund, Special Trust Fund 72 in Project No. 514090-00, Index Code 405068; and recommending that the City Manager be authorized to execute an amendment to the RAILTRAN consulting engineer's Contract No. 15035, as amended, to include an analysis of grade crossings in the RAILTRAN Corridor and to increase the amount of contractor's compensation by $35,000.00. Mayor Pro tempore Gilley requested permission of the City Council to abstain from voting on Mayor and Council Communication No. C-12344 involving a firm with which his company is doing business. Council Member Chappell made a motion, seconded by Council Member McCray, that Mayor Pro tempore Gilley be permitted to abstain from voting on Mayor and Council Communication No. C-12344. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Garrison made a motion, seconded by Council Member Chappell, that Mayor and Council Communication No. C-12344 be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Council Members Garrison, Granger, McCray, Meadows, Webber, and Chappell NOES: None ABSENT: Council Member Zapata NOT VOTING: Mayor Pro tempore Gilley M&C C-12345 re There was presented Mayor and Council Communication No. C-12345 from the City amendment to Manager submitting a proposed contract amendment to City Secretary Contract No. 16429, Community Facili- Community Facilities Agreement for Fort Worth Independent School District, for the ties Agreement installation of community facilities to serve Eaglewood Heights Addition, Lot 3-R, Block 23 (D. McRae Elementary); describing proposed project cost and financing; and recommending that the City Manager be authorized to execute an amendment to the Community Facilities Agreement No. 16429. Council Member Chappell requested permission of the City Council to allow him to abstain from voting on Mayor and Council Communication No. C-12345 involving Fort Worth Independent School District. Council Member Garrison made a motion, seconded by Mayor Pro tempore Gilley, that Council Member Chappell be permitted to abstain from voting on Mayor and Council Communication No. C-12345. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member McCray made a motion, seconded by Mayor Pro tempore Gilley, that the recommendation, as contained in Mayor and Council Communication No. C-12345, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, Granger, McCray, Meadows, and Webber NOES: None ABSENT: Council Member Zapata &C C-12347 re There was presented Mayor and Council Communication No. C-12347 from the City greement with Manager stating that the City Council authorized the execution of an engineering Ian Plummer and agreement with Alan Plummer and Associates, Inc., on February 9, 1988, by Mayor and ssociates, Inc. Council Communication No. C-10786 to design the Area III Secondary Treatment Rehabilitation at Village Creek Wastewater Treatment Plant; that the construction project includes structural modifications to and replacement of aeration diffusers in Minutes of City Council P-3 Page 162 NOT VOTING: Council Member Chappell M&C C-12346 re There was presented Mayor and Council Communication No. C-12346 from the City lease agreement with Day Care Manager stating that a one-year lease of Old Fire Station No. 12, 2410 Prospect, was Assoc. of Fort approved by City Council on May 2, 1989, by Mayor and Council Communication Worth and Tarrant No. C-11618; that the Day Care Association uses the facility to operate a Community County Development Block Grant funded day care program; that the proposed lease agreement is for a five-year term beginning June 1, 1990, through May 31, 1995, and will require that the Day Care Association provide necessary proof of liability insurance and consideration of $1.00 per year to the City of Fort Worth; stating that no City funds are required; and recommending that the City Manager be authorized to execute a lease agreement for five years beginning June 1, 1990, and ending May 31, 1995, with the Day Care Association of Fort Worth and Tarrant County for rental of the premises known as Old Fire Station No. 12 at 2410 Prospect for a consideration of $1.00 per year. It was the consensus of the City Council that the recommendation be adopted. &C C-12347 re There was presented Mayor and Council Communication No. C-12347 from the City greement with Manager stating that the City Council authorized the execution of an engineering Ian Plummer and agreement with Alan Plummer and Associates, Inc., on February 9, 1988, by Mayor and ssociates, Inc. Council Communication No. C-10786 to design the Area III Secondary Treatment Rehabilitation at Village Creek Wastewater Treatment Plant; that the construction project includes structural modifications to and replacement of aeration diffusers in Minutes of City Council P-3 Page 162 163 TUESDAY, JUNE 5, 1990 C C-12347 cont.. seven aeration basins, renovation of the electrical and control system for eight final clarifiers, renovation of return sludge pump station 6, construction of return sludge pump station 8, and installation of a final clarifier effluent relief line; and recommending that the City Council: 1. Authorize a bond fund transfer in the amount of $218,010.00 from State Revolving Loan Fund 42, Project No. 016901-00, Unspecified to State Revolving Loan Fund 42, Project No. 022003-00, VCWWTP Area III Secondary Treatment Rehabilitation, Phase IVA, Construction Management; and 2. Authorize the City Manager to execute an engineering agreement with Alan Plummer and Associates, Inc., for the Construction Management of the Area III Secondary Treatment Rehabilitation, Phase IV -A for a total fee not to exceed $218,010.00. &C C-12347 adopted It was the consensus of the City Council that the recommendations be adopted. &C C-12348 re There was presented Mayor and Council Communication No. C-12348 from the City ontract with Manager submitting a tabulation of bids received for the M -199B Rehabilitation; and ircle C Construc- recommending that the City Council: ion 1. Authorize a fund transfer in the amount of $16,855.00* from Water and Sewer Operating Fund 45, Account No. 70-90-20 to Sewer Capital Improvement Fund 58, Project No. 017087-00, M -199B Rehabilitation; and *Includes ten percent of bid amount for possible change orders as established by City Ordinance No. 10437 and $3,000.00 for inspection and survey. 2. Authorize the City Manager to execute a construction contract with Circle C Construction Company for the M -199B Rehabilitation on the low bid of $12,596.00. M&C C-12348 adopted It was the consensus of the City Council that the recommendation be adopted. M&C C-12349 re There was presented Mayor and Council Communication No. C-12349 from the City agreement with Manager stating that Golf Cart Ads, Inc., will agree to pay $100.00 per cart per year Golf Cart Ads, Inc. for the privilege of placing an advertisement 12 inches by 24 inches on the front of the carts; that there is only one ad per cart and most are for golf -related products sold in the pro shops such as golf clubs, golf balls, or bags; that the Golf Division would retain the right to reject any/all advertising displays that were determined to reflect negatively upon the image of the City; that the term of the agreement would be for three years and can be renewed for two additional years; stating that estimated revenue to Golf Fund 39 is expected to be $57,000.00 over the three-year period of the agreement and will be deposited in Index Code 069013; and recommending that the City Manager be authorized to enter into an agreement with Golf Cart Ads, Inc., to place advertising on the electric golf carts at Meadowbrook, Pecan Valley, and Sycamore Golf Courses. It was the consensus of the City Council that the recommendation be adopted. M&C C-12350 re There was presented Mayor and Council Communication No. C-12350 from the City contract with Manager, as follows: Harris Health Ser- vices SUBJECT: CDBG YEAR XIII WITH HARRIS METHODIST HEALTH SERVICES - RENOVATION OF BUILDING FOR POLYTECHNIC HEIGHTS HEALTH CLINIC RECOMMENDATION: It is recommended that the City Council: 1. Authorize a fund transfer in the amount of $29,000 from Grant Fund 76, Project No. 206082-99, Unprogrammed Funds to Grant Fund 76, Project No. 206082-53, Polytechnic Heights Health Clinic; and 2. Authorize the City Manager to execute a contract with Harris Methodist Health Services, a non-profit organization, for a loan of $29,000 in Year XIII Community Development Block Grant (CDBG) funds for renovation of the building located at 1518 Vaughn Boulevard, to be used as a neighborhood health clinic with the following contract conditions: A. The deferred payment loan will be contingent on Harris Methodist Health Services' matching the $29,000 CDBG loan with approximately $29,000 in additional funds needed for the renovation of the clinic from various private sources; and Harris Methodist Health Services will contribute $8,023 of this match; B. The term of the deferred payment loan will be ten years; C. If, within the first five years of the loan, the building is sold or its use is changed without prior City approval, the entire $29,000 is to be repaid to the City; and D. Starting with the sixth year, twenty percent of the loan will be forgiven at the end of each year until, at the end of the tenth year, the entire loan amount has been forgiven. However, if the Minutes of City Council P-3 Page 163 164 -'TUESDAY, JUNE 5, 1990 M&C C-12350 cont. building is sold or its use is changed without prior City approval during this period the unforgiven balance at the time of sale or change is to be repaid. DISCUSSION: John Peter Smith Hospital, the Fort Worth Public Health Department, Planned Parenthood, and United Community Centers are planning to open a neighborhood health clinic at 1518 Vaughn Boulevard in the Polytechnic Heights Target Area to serve the residents of Polytechnic Heights and Stop Six. The building which is to house the clinic is owned by Harris Methodist Health Services and is the site of the former Neighborhood Health Horizons Clinic. Harris Hospital has agreed to provide space to each of the tenant agencies for the cost of operating the building only. The following services are planned: 1. John Peter Smith Hospital - prenatal and pediatric services; 2. Fort Worth Public Health Department - Women, Infants, Children (WIC) Program; immunization; 3. Planned Parenthood - reproductive counseling and services; and 4. United Community Centers - client screening; social service functions. Community Development Block Gran requested in order to effect needed Boulevard. Repairs estimated at repair and rehabilitation of the approximately two years) in the project management in the amount of will match CDBG funds with $8,023. t funds in the amount of $29,000 are being repairs to the building at 1518 Vaughn $58,023 are needed; these will include building (which has been unoccupied for amount of $55,260, and engineering and $2,763. Harris Methodist Health Services This project was recommended for approval by the Community Development Council on March 12, 1990. No indirect costs will be applied to the project and there will be no interest charged on this CDBG loan since this activity will provide health services to primarily low and moderate income clients. FINANCING: M&C C-12352 re There was presented Mayor and Council Communication No. C-12352 from the City cont. for one week Manager submitting a proposed lease with Ridglea Realty Investors, Ltd., for three years with an option for a three-year extension upon mutual consent of both parties for the leased space at 3341-3343-3345 Winthrop Avenue; that the annual rental consists of a sum equal to the amount of City and County taxes, management fee, insurance, and heating and air conditioning maintenance; that the annual rentals would therefore vary from year to year but for the first year, the rental will be $25,812.15; that the City would be responsible for maintenance of the interior portion of the premises and Lessor would be responsible for the exterior; that the Lessor has agreed to pay to the City, not later than 30 days after the City commences occupancy of the premises and completes finish -out (including repair of water damage to the ceiling and floor), an amount equal to $7,500.00 to help defray the cost of repairs to the premises; that the City has obtained an estimate for the repairs of the ceiling and floor in the amount of $8,200.00; that the City will expend- an amount not to exceed $3,500.00 on any repairs or remodeling which exceeds the $7,500.00 owner's contribution; that the lease payment check should be made payable to Haff, Brous, McDowell and Montesi; stating that funds are available in Special Trust Fund 72, Project No. 535000-00; and recommending that the City Council: 1. Rescind Mayor and Council Communication No. C-12197, approved on February 27, 1990; Minutes of City Council P-3 Page 164 Sufficient funds are available for transfer in Grant Fund 76, Project No. 206082-99, Unprogrammed Funds. Upon approval of and completion of Recommendation No. 1, sufficient funds will be available in Grant Fund 76, Project No. 206082-85, Polytechnic Heights Health Clinic. Expenditures will be made from Index Code 500633, Professional Services. M&C C-12350 adopte It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12350, be adopted. M&C C-12351 re There was presented Mayor and Council Communication No. C-12351 from the City contract with Manager stating that the North Central Landfill recently has reached its maximum Baker -Shiflett, capacity and staff considers it prudent to close the landfill in accordance with the Inc. rules and regulations promulgated by the Texas Department of Health; that the closure procedures require that the City perform a number of tasks that include determining the adequacy of cover material, preparing legal descriptions of the site and field areas, developing a topographic map and analysis of drainage patterns, providing a history of the sites, determining the need for methane monitoring and preparing a post closure maintenance plan; that Baker -Shiflett, Inc., has proposed to provide the required services at set prices which have been reviewed by staff and found to be reasonable; that the estimated maximum amount for all services is not expected to exceed $23,350.00 and services will extend over 12 weeks; stating that funds are available in Fund 64, Department 21-10-04, Index Code 237503; and recommending that the City Manager be authorized to execute a contract with Baker -Shiflett, Inc., for professional services associated with the closure of the North Central ndfill for an amount not to exceed La $23,350.00. It was the consensus of the City Council that the recommendation be adopted. M&C C-12352 re There was presented Mayor and Council Communication No. C-12352 from the City cont. for one week Manager submitting a proposed lease with Ridglea Realty Investors, Ltd., for three years with an option for a three-year extension upon mutual consent of both parties for the leased space at 3341-3343-3345 Winthrop Avenue; that the annual rental consists of a sum equal to the amount of City and County taxes, management fee, insurance, and heating and air conditioning maintenance; that the annual rentals would therefore vary from year to year but for the first year, the rental will be $25,812.15; that the City would be responsible for maintenance of the interior portion of the premises and Lessor would be responsible for the exterior; that the Lessor has agreed to pay to the City, not later than 30 days after the City commences occupancy of the premises and completes finish -out (including repair of water damage to the ceiling and floor), an amount equal to $7,500.00 to help defray the cost of repairs to the premises; that the City has obtained an estimate for the repairs of the ceiling and floor in the amount of $8,200.00; that the City will expend- an amount not to exceed $3,500.00 on any repairs or remodeling which exceeds the $7,500.00 owner's contribution; that the lease payment check should be made payable to Haff, Brous, McDowell and Montesi; stating that funds are available in Special Trust Fund 72, Project No. 535000-00; and recommending that the City Council: 1. Rescind Mayor and Council Communication No. C-12197, approved on February 27, 1990; Minutes of City Council P-3 Page 164 1c,J TUESDAY, JUNE 5, 1990 M&C C-12352 cont. 2. Authorize the City Manager to execute a lease for 14,341 square feet of office space at 3341-3343-3345 Winthrop Avenue from Ridglea Realty Investors, Ltd., as described below; and 3. Approve the expenditure of an amount not to exceed $3,500.00 for repairs and security measures for the building from Special Trust Fund 72, Project No. 535000-00, Fort Worth Police/Awarded Assets. Asst. CMO Bob Assistant City Manager Bob Terrell appeared before the City Council and advised Terrell re M&C C- the City Council that the lease agreement for space located at 3341-3343-3345 Winthrop 12352 from Ridglea Realty Investers, Ltd., was approved in February and that the contract before the City Council is only to clarify some of the terms that were approved in the earlier contract. City Manager Ivory advised the City Council of an amendment to Mayor and Council Communication No. C-12352 under Recommendation No. 2 authorizing the City Manager to execute a lease for 14,341 square feet of office space for the Police Department's Special Operations Division at 3341-3343-3345 Winthrop Avenue from Ridglea Realty Investers, Ltd. Council Member Chappell made a motion, seconded by Mayor Pro tempore Gilley, that consideration of Mayor and Council Communication No. C-12352 be continued for one week. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C C-12353 re There was presented Mayor and Council Communication No. C-12353 from the City community facili Manager submitting a proposed contract for the installation of community facilities to ties agreement serve Hillwood Addition (Taxi Way); describing proposed project cost and financing; and recommending that the City Manager be authorized to execute a community facilities agreement with the developer, Hillwood Construction Corporation. It was the consensus of the City Council that the recommendation be adopted. M&C FP -2695 re There was presented Mayor and Council Communication No. FP -2695 from the City final payment to Manager stating that the contract for Lake Street Water and Sanitary Sewer Relocations L.D. Conatser has been completed in accordance with plans and specifications under Contract No. 17599 Contractors awarded to L.D. Conatser Contractors on January 23, 1990; and recommending that the City Council accept as complete the contract for Lake Street Water and Sanitary Sewer Relocations and authorize final payment in the amount of $53,244.28 to L.D. Conatser Contractors, stating that funds are available in Water Capital Improvement Fund 53, Retainage Account No. 205-017599; Contract Encumbrance No. 17599A and Project No. 017107-00; Sewer Capital Improvement Fund 58, Retainage Account No. 205-017599 and Contract Encumbrance No. 17599B, Index Codes 000539 and 620153, and 000588 and 658815, respectively. It was the consensus of the City Council that the recommendations be adopted. Fire Engineer Fire Engineer Charles Pace, President of the Black Firefighters Association, and Charles Pace re Fire Engineer Marshall Allen appeared before the City Council and advised the City vacant position Council of the vacant position of Deputy Chief as of May 14th as the result of the of Deputy Chief death of John Cassidy and requested that consideration be given to Captain Cager and Fire Engineer Mitchell for appointment as Deputy Fire Chief. Marshall Allen City Manager Ivory advised Messrs. Pace and Allen that the appointment of a Deputy Fire Chief clearly is a personnel matter and that the appointment will be made administratively and proper procedures will be followed. ' Captain Richard Parker, 350 West Belknap, appeared before the City Council as a Captain Richard representative of the Police and Fire Departments on the Board of Trustees of the Parker re Employees' Retirement Fund of the City of Fort Worth and expressed opposition to any reduction of con- reduction of contributions to the Retirement Fund and requested that favorable tributions to the consideration be given to the establishment of a 25 -year and out retirement age. Retirement Fund Ms. Sandy'Madison, 3713 Lyndon Avenue, appeared before the City Council and Ms. Sandy madison requested the City Council appoint a special committee made of Council members and re appointment of citizens involved in the arts but not members of the Fort Worth Art Association to special committee review the 1971 contract with the Fort Worth Art Association and make recommendations with the Fort as to how the Fort Worth Art Center and the once available opportunities can be Worth Art Assoc. re-established. Mr. Eddie McAnthonj Mr. Eddie McAnthony, 3220 Canberra Court, appeared before the City Council and re use of local ar tis t expressed his concerns regarding the value of using local artists as an on-going part of the program of the Museum of Modern Art and requested that the City Council consider the implementation of an educational program using local artists. Mr. Jim Basham, 2401 Stadium, appeared before the City Council and requested that Mr.Jim Basham re something be done to improve the Museum of Modern Art; to allow citizen artists improvements to thill participation; and expressed interest in tax money being used for the civic benefits of Museum of Modern citizens; questioned the accountability at the Fort Worth Museum of Modern Art and Arts requested that the "Swimming Hole" be sold to the Carter Museum for $5,000,000.00. Adjourned 11 There being no further business, the meet CITY SECRETARY Minutes of City Council P-3 Page 165