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Home My WebLink About1990/08/07-Minutes-City CouncilMembers Present Invocation Pledge of Allegiance Approval of Minutes of July 31, 1990 Certificates of Recog nition Presentation Jayne Lipe Reverend:°Nehewiiah: Dau Marjorie Crenshaw George D. Sutton, Jr. Jerry Jennings Claudia Benge John Mixon Ruth Howard Sandra Gonzales appeared regarding Urban Homesteading Awards Council Member Meadow withdrew to&C C-12455 & C-12472 Council Member Garris withdrew M&C C-12471 City Manager Ivory tabled CP -150, M&C G-8723 & G-8724; Con- tinued for one week M&C G-8762; Amended M&C L-10187 Consenst Agenda Approved as Amended Council Member McCray nominated Charles E. Grays, Jr. to the Cit Planning Commission, Place 5. Council Member !Webber made a motion that Changes in Membership on Boards &Commission regarding the appoint CITY COUNCIL MEETING AUGUST 7, 1990 On the 7th day of August, A.D., 1990, the City Council of the City of Fort Worth, Texas, met in regular session, with the following members and officers present, to -wit: Mayor Bob Bolen; Mayor Pro tempore Garey W. Gilley; Council Members William N. Garrison, Eugene McCray, Bill Meadows, Virginia Nell Webber, and City Manager David Ivory; City Attorney Wade Adkins; Assistant City Secretary Gloria Pearson; Council Member Louis J. Zapata temporarily absent and Council Members Kay Granger and David Chappell absent; with a quorum present, at which time the following business was transacted: The invocation was given by Assistant City Secretary Pearson. The Pledge of Allegiance was recited. On motion of Council Member Garrison, seconded by Mayor Pro tempore Gilley, the minutes of the meeting of July 31, 1990, were approved. Certificates of Recognition were presented to former members of Boards and Commissions, as follows: Jayne Lipe s The Reverend Nehemiah Davis Marjorie Crenshaw George Douglas Sutton, Jr. Jerry Jennings Claudia Benge John Mixon Ruth Howard Fort Worth Commission on the Status of Women City Plan Commission Historic and Cultural Landmark Commission City Plan Commission Housing Authority of the City of Fort Worth Citizens' Cable Board City Zoning Commission and North Fort Worth Airport Zoning Commission Board of Trustees of the Employees' Retirement Fund Ms. Sandra Gonzales, Department of Housing and Human Services, appeared regarding the Urban Homesteading Awards and Council Members Webber and McCray presented Certificates of Ownership. Council Member Meadows requested that Mayor and Council Communication Nos. C-12455 and C-12472 be withdrawn from the consent agenda. Council Member Garrison requested that Mayor and Council Communication No. C-12471 be withdrawn from the consent agenda. City Manager Ivory requested that Council Proposal No. CP -150, Mayor and Council Communication No. G-8723, and Mayor and Council Communication No. G-8724 be tabled; that Mayor and Council Communication No. G-8762 be continued for one week; and that Mayor and Council Communication No. L-10187 be amended, with the third line under Recommendation No. 1 Center Number to read 016580170770 and under Financing, the fifth line to read 016580170770. Mayor Pro tempore Gilley made a motion, seconded by Council Member McCray that the request of City Manager Ivory be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. On motion of Mayor Pro tempore Gilley, seconded by Council Member McCray, the consent agenda, as amended was approved. Council Member McCray nominated Mr. Charles Emmitt Grays, Jr., for membership on the City Planning Commission and made a motion, seconded by Council Member Webber, that Mr. Grays be appointed to Place 5 on the City Plan 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. Council Member Webber made a motion, seconded by Council Member Meadows, that Changes in Membership on Boards and Commissions regarding the appointment of Ms. Jimi Burns on June 19, 1990, to the Neighborhood Resources Development Council be reconsidered at this time. When the motion was put to a vote by the Mayor, it prevailed unanimously. Minutes of City Council P-3 Page 446 I I 7' TUESDAY, AUGUST 7, 1990 Council Member appoi - Council Member Webber made a motion, seconded by Mayor Pro tempore Gilley, that ed Ms. Jimi Burns to Ms. Jimi Burns appointment be corrected to reflect Place 11 instead of Place 2 on the Place 11 instead of Neighborhood Resources Development Council. When the motion was put to a vote by the Place 2 Mayor, it prevailed unanimously. Council Member 1-febber Council Member Webber nominated Mr. Pablo Calderan for membership on the nominated Pablo Cald Neighborhood Resources Development Council and Ms. Claire Denman to serveas his. ran to the Neighbor- alternate, and made a motion, seconded by Council Member Meadows, that Mr. Pablo hood Resources De- Calderan be appointed to Place 14 on the Neighborhood Resources Development Council velopment Council with Ms. Claire Denman to serve as his alternate. When the motion was put to a vote by the Mayor, it prevailed unanimously. CP -150 - Resolution It was the consensus of the City Council that Council Proposal No. CP -150, Amending Tax Abate- Resolution Amending Tax Abatement Policy, be tabled. nvent Policy Tabled Presentation of There was presented Council Proposal No. CP -153 from the City Manager, as follows: CP -153 - Creation of Youth Commission SUBJECT: CREATION OF YOUTH COMMISSION r :1XII1.119 It is proposed that the City Council create a temporary Youth Commission for the purpose of identifying issues related to drug use and gang activity among Fort Worth youths. PURPOSE: A recent report to the City Council by the Fort Worth Police Department highlighted the serious increase in gang related crime in Fort Worth. Much of this increase is attributable to the rise in "for-profit" gangs involved in drug dealing. Any comprehensive anti -drug/anti -gang program must include youth involvement. The proposed commission would be the vehicle for this involvement. The Youth Commission would be structured in a way that would maximize youth input. Its major focus would be communication with the City's youth in an effort to identify what they perceive as the problems and circumstances which push youths toward drug use and gang involvement. This effort will allow the Commission to propose strategies designed to address the identified needs of Fort Worth's youths and provide alternatives to drug use and gang involvement. This Commission would exist solely for the purpose of communicating with youths regarding drug and gang issues and recommending a plan of action to the City Council. The Commission would cease to exist after recommending the plan of action to the City Council. If this Youth Commission concept is adopted by the City Council, it will be necessary to formalize a mission statement for the Commission. Also, the Council will need to finalize the Commission's operational structure. YOUTH COMMISSION STRUCTURE: The Youth Commission would include 15 members appointed as follows: A. A chairperson appointed by the Mayor. B. One representative from each City Council District appointed by the District's City Council representative. C. Four high school students, representing different geographic areas of the city, appointed by the City Council upon recommendation by the Fort Worth Independent School District. D. Two at -large positions appointed by the City Council. It is suggested that individuals considered for appointment to the Youth Commission not be older than 35 years of age. As this proposal is refined, it is anticipated that an advisory committee consisting of representatives of the City Council, the business community, the education community and appropriate city staff would be established. LEGALITY: This proposal is within the power of the City Council, and there is no legal impediment to its implementation. FTCrAI NnTF- No significant financial impact is expected from the creation of this Commission. Minutes of City Council P-3 Page 447 4 1C CP -153 (Cont.) Adoption of CP -153 Presentation of City Council Municipal Court Advisory Com- mittee Policy Memora dum No. 7 - Appoint- ment of Municipal Ju Ann Chennault TUESDAY, AUGUST 7, 1990 CITY MANAGER'S COMMENTS: The City Manager's Office has reviewed this proposal, and has no objections to it. /S/ Bob Bolen Mayor Bob Bolen District 1 /S/ Louis Zapata Councilman Louis Zapata District 2 /S/ Eugene McCray Councilman Eugene McCray District 5 /S/ Garey Gilley Councilman Garey Gilley District 6 /S/ Bill Meadows Councilman Bill Meadows District 7 /S/ Virginia Nell Webber Councilwoman Virginia NelT Webber District 8 David Chappell District 9 /S/ William Garrison Councilman William Garrison District 3 Councilwoman Kay Granger District 4 On motion of Council Member Webber, seconded by Council Member McCray, the proposal was adopted. There was presented City Council Municipal Court Advisory Committee Policy Memorandum No. 7 from the City Manager, as follows: SUBJECT: APPOINTMENT OF MUNICIPAL JUDGE - ANN CHENNAULT e POLICY: It is recommended that Ann Chennault be appointed a Judge of Municipal Courts of the City of Fort Worth for the remainder of the two year term ending March 31, 1992. The annual salary for the Judge shall be set at $35,172. DISCUSSION! State law provides for the appointment of the Chief Judge and Judges of the Municipal Courts by the City Council. The Municipal Court Advisory Committee voted to make the above recommendation at its meeting of July 31, 1990. The two year term as provided by the City Code begins on April 1, 1990 and will run through March 31, 1992, or until a successor is appointed and qualified by the City Council in accordance with state law. Ms. Chennault's appointment is for the unexpired portion of that term. Adoption of Memoran- On motion of Council Member Webber, seconded by Mayor Pro tempore Gilley, the dum No. 7 recommendation, as contained in City Council Municipal Court Advisory Committee Policy Memorandum No. 7, was adopted. Presentation of City There was presented City Council Municipal Court Advisory Committee Policy Council Municipal Cou tMemorandum No. 8 from the City Manager, as follows: Advisory Committee Policy Memorandum SUBJECT: APPOINTMENT OF MUNICIPAL JUDGE PRO TEM No. 8 - Appointment of Municipal Judge POLICY: Pro Tem - Michelle Youngblood It is recommended that the City Council appoint Michelle Youngblood as a municipal judge pro tem for a one year term beginning on the date of appointment. I11LIN IUS11I11Q State law provides that a majority of the City Council may appoint one or more qualified persons to be available to serve for a municipal judge who is temporarily absent due to illness, family death or illness, continuing legal or judicial education programs, or for other reasons. The Chief Judge selects one of the persons appointed by governing body to serve during such an absence. Gov. Code §30.144(i). The judges pro tem serve for a term of one year. City Code, Sec. 10-3. The Municipal Courts Advisory Committee, at its regular meeting on July 31 1990, voted to recommend the appointment of the above named individual by the City Council to the office of municipal judge pro tem, acting on the recommendation of the Chief Judge. Adoption of Memorandu On motion of Council Member Webber, seconded by Mayor Pro tempore Gilley, the No. 8 recommendation, as contained in City Council Municipal Court Advisory Committee Policy Memorandum No. 8, was adopted. Minutes of City Council P-3 Page 448 4 .9 TUESDAY, AUGUST 7, 1990 Presentation of OCS- There was presented Mayor and Council Communication No. OCS-158 from the Office of 158 - Liability Bonds the City Secretary recommending that the City Council authorize liability bonds, as follows: Buford -Thompson Co. General Contractors Dennis Reiss dba Weiss Construction Fred Haslet Concrete Chesney Cement Con- tractors Stoval Bros. Cons. A Division of The S vall Corp. Uill Morrow dba Mor Construction Barry Molton Concre PARKWAY CONTRACTOR'S BONDS Buford -Thompson Company, General Contractors Dennis Weiss dba Weiss Construction Fred Haslet Concrete Contractor Chesney Cement Contractors Stovall Bros. Construction Co., A Division of The Stovall Corporation Will Morrow dba Morrow Construction Barry Molton Concrete INSURANCE COMPANY Insurance Company of North America State Farm Fire and Casualty Insurance Company Universal Surety of America Trinity Universal Insurance Company Western Surety Company Western Surety Company Western Surety Company Mantooth Const. Co. Inc. Mantooth Construction Co., Inc. North River Insurance Co. John Trail Contracting John Trail Contracting Lawyers Surety Corporation Lemke Concrete Const. Co. Lemke Concrete Construction Company Ohio Casualty Insurance Company Richard Roberts dba Richard Roberts dba Double R. Concrete Western Surety Company Double R. Concrete Construction Construction Adoption of OCS-158 It was the consensus of the City Council that the recommendation be adopted. Presentation of OCS- There was presented Mayor and Council Communication No. OCS-159 from the Office of 159 - Notice of Claia the City Secretary recommending that notices of claims for alleged damages and/or regarding alleged injuries be referred to the Risk Management Department, as follows: damages and/or. inju- ries 1. Claimant: Rebecca Castruita Rebecca Castruita Date Received: July 31, 1990 Date of Incident: Undeclared Location of Incident: Fort Worth Zoo (Old Cafe' House) Estimate of Damages/ Injuries: $319.00 + other undetermined medical costs Nature of Incident: Claimant alleges injuries as the result of a fall. Rita Beyers 2. Claimant: Rita Beyers Date Received: July 30, 1990 Date of Incident: July 11, 1990 Attorney: Royla M. Cox Location of Incident: Hartwood and Hulen Streets Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages and injuries as the result of an accident involving a City -owned vehicle (dump truck). Mary Ann Weisiger 3. Claimant: Mary Ann Weisiger Date Received: July 30, 1990 Date of Incident: January 31, 1990 Location of Incident: 916 W. Felix Estimate of Damagesf Injuries: $113.52 Nature of Incident: Claimant alleges damages to her automobile as the result of street conditions. Marcel Hardy 4. Claimant: Marcel Hardy Date Received: July 26, 1990 Date of Incident: June 22, 1990 Attorney: James Stanley (Veronica Enedondo) Location of Incident: 4000 Bourine and 5500 Libbey Estimate of Damages/ Injuries: $687.00 + other undetermined costs Nature of Incident: Claimant alleges damages and injuries as the result of an accident involving a City -owned vehicle (police). Timothy Miller 5. Claimant: Timothy Miller Date Received: July 26, 1990 Date of Incident: May 16, 1990 Location of Incident: 1205 E. Tucker and near Tennessee & Annie Streets Estimate of Damages/ Injuries: $2,000,000.00 Minutes of City Council P-3 Page 449 r TUESDAY, AUGUST 7, 1990 Timothy Miller (Cont) Nature of Incident: Claimant alleges damages and injuries as the result of actions taken by Fort Worth Police personnel. Gwinda Miller 6. Claimant: Gwinda Miller Date Received: July 26, 1990 Date of Incident: May 16, 1990 Location of Incident: 1200 E. Tucker Estimate of Damages/ Injuries: $250,000.00 Nature of Incident: Claimant alleges damages and injuries as the result of actions taken by Fort Worth Police personnel. Maureen Miller 7. Claimant: Maureen Miller Date Received: July 26, 1990 Date of Incident: May 16, 1990 Location of Incident: 1205 E. Tucker Estimate of Damages/ Injuries: $200,000.00 Nature of Incident: Claimant alleges damages to personal property as the result of actions taken by Fort Worth Police personnel. Paul Miller 8. Claimant: Paul Miller Date Received: July 26, 1990 Date of Incident: May 16, 1990 Location of Incident: 5824 E. Berry and 1205 E. Tucker Estimate of Damages/ Injuries: $2,000,000.00 Nature of Incident: Claimant alleges damages and injuries as the result of actions taken by Fort Worth Police personnel. Belinda Wooley 9. Claimant: Belinda Wooley Date Received: July 26, 1990 Date of Incident: May 16, 1990 Location of Incident: 1200 E. Tucker Estimate of Damages/ Injuries: $150,000.00 Nature of Incident: Claimant alleges damages and injuries as the result of actions taken by Fort Worth Police personnel. Edward L. Matters: 10. Claimant: Edward L. Watters Date Received: July 26, 1990 Date of Incident: May 16, 1990 Location of Incident: 5824 E. Berry Estimate of Damages/ Injuries: $200,000.00 Nature of Incident: Claimant alleges damages and injuries as the result of actions taken by Fort Worth Police personnel. Jimmy Russell 11. Claimant: Jimmy Russell Date Received: July 26, 1990 Date of Incident: May 16, 1990 Location of Incident: 5824 E. Berry Estimate of Damages/ Injuries: $100,000.00 Nature of Incident: Claimant alleges damages and injuries as the result of actions taken by Fort Worth Police personnel. Edward & Virginia 12. Claimant: Edward & Virginia Mahomes, Guardians for Mahomes, Guardians fo Richard Mayfield, a minor Richard Mayfied, a Date Received: July 26, 1990 minor Date of Incident: July 8, 1990 Attorney: Kugle & Frederick (Nina J. McClendon) Location of Incident: Sycamore Park Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimants allege Richard Mayfield, a minor, suffered injuries as the result of a fall and is seeking to recover damages on his behalf. 13. Claimant: Edward & Virginia Mahomes, Guardians for Edward & Virginia Latisha Mahomes, a minor Mahomes, Guardians fol Date Received: July 26, 1990 Latisha Mahomes, a Date of Incident: July 8, 1990 minor Attorney: Kugle & Frederick Location of Incident: Sycamore Park Estimate of Damages/ Injuries: Undeclared Minutes of City Council P-3 Page 450 -1 - TUESDAY, TUESDAY, AUGUST 7, 1990 Edward & VirginiaMahNature of Incident: Claimants allege Latisha Mahomes, a minor, for Latimes, Guardians suffered injuries as the result of a fall and for nor (Ca ��ahomes, is seeking to recover damages on her behalf. a minor (Cont) Dorsey Dixon 14. Claimant: Dorsey Dixon Date Received: July 26, 1990 Date of Incident: April 3, 1990 Attorney: Segers & Lemons (Keith D. Lemons) Location of Incident: 3900 Ramey Ave. at Donalee St. Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages and injuries as the result of an automobile accident involving a City -owned vehicle (police). American Building 15. Claimant: American Building Maintenance Co., c/o Maintenance Co., c/o Morris & Hendelman, attorneys Morris & Hendelman, Date Received: July 26, 1990 attorneys Date of Incident: Undeclared Location of Incident: City Hall Estimate of Damages/ Injuries: $10,602.00 Nature of Incident: Claimant is seeking reimbursement for services allegedly performed for the City of Fort Worth. Stephen R. Wiggins 16. Claimant: Stephen Robert Wiggins Date Received: July 26, 1990 Date of Incident: April 30 Location of Incident: 6100 Locke Estimate of Damages/ Injuries: $49.50 Nature of Incident: Claimant alleges damages to his property as the result of his water being turned off. Karin Nolan 17. Claimant: - Karin Nolan Date Received: July 26, 1990 Date of Incident: April 13, 1990 Location of Incident: 6013 Wedgewood Dr. Estimate of Damages/ Injuries: $613.61 - $647.01 Nature of Incident: Claimant alleges damages to her automobile as the result of the worker's equipment laying in the street creating a road hazard. Robena R. Jones 18. Claimant: Robena R. Jones Date Received: July 26, 1990 Date of Incident: July 12, 1990 Location of Incident: 1600 E. Maddox & Beverly Estimate of Damages/ Injuries: $517.41 - $679.87 Nature of Incident: Claimant alleges damages to her automobile as the result of road conditions. Christopher N. Porter 19. Claimant: Christopher W. Porter Date Received: July 27, 1990 Date of Incident: Undeclared Location of Incident: 1500 Michael St. Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages and injuries as the result of an accident involving a City -owned vehicle (police). Gladys Jackson 20. Claimant: Gladys Jackson Date Received: August 1, 1990 Date of Incident: May 16, 1990 Location of Incident: 1009 E. Tucker Estimate of Damages/ Injuries: $733.74 Nature of Incident: Claimant alleges damages to her property as the result of actions taken by Fort Worth Police personnel. Benjamiin C. Day 21. Claimant: Benjamin C. Day Date Received: August 1, 1990 Date of Incident: June 30, 1990 Location of Incident: Risinger Street Estimate of Damages/ Injuries: $907.74 Nature of Incident: Claimant alleges damages to his automobile as the result of a vehicular accident caused by poor road design, no warning signs, and a curb not marked with reflective paint. Minutes of City Council P-3 Page 451 455 TUESDAY, AUGUST 7, 1990 Demita Barrow, Anita 22. Claimant: Demita Barrow, Anita Barrow, Jocquese Casel, Barrow, Jocquese Case , and Landis & Mandis Barrow and Landis & Mandis Date Received: August 1, 1990 Barrow Date of Incident: May 17, 1990 Attorney: Michael Heiskell Location of Incident: 5824 East Berry Estimate of Damages/ Injuries: $500,000.00 Nature of Incident: Claimants allege damages as the result of actions taken by Fort Worth Police personnel. Jyme Rey Davies 23. Claimant: Jyme Rey Davies Date Received: August 1, 1990 Date of Incident: Undeclared Location of Incident: 2600 28th St. Estimate of Damages/ Injuries: $128.00 Nature of Incident: Claimant alleges damages to her automobile as the result of running over a steel water drain laying in drive of Shopping Center. Patsy L. Schlager 24. Claimant: Patsy Lou Schlager Date Received: August 1, 1990 Date of Incident: June 10, 1990 Location of Incident: 1408 Altamont Drive Estimate of Damages/ Injuries: $2,075.00 - $2,386.00 Nature of Incident: Claimant alleges damages to her property as the result of a water main break. Mrs. Anna Baker 25. Claimant: Mrs. Anna Baker Date Received: August 1, 1990 Date of Incident: June 26, 1990 Location of Incident: 2312 Lucas Drive Estimate of Damages/ Injuries: $352.00 - $1,993.67 Nature of Incident: Claimant alleges damages to her property as the result of a water main break. Charles D. deLap 26. Claimant: Charles D. deLap Date Received: July 31, 1990 Date of Incident: May 30, 1990 (Approx.) Location of Incident: May Street - overpass Estimate of Damages/ Injuries: $1,081.57 - $1,214.80 Nature of Incident: Claimant alleges damages as the result of his automobile being vandalized while parked near the overpass due to street reconstruction. James G. Haas & 27• Claimant: James (Jim) Glen Haas and Hunter Haas, a Hunter Haas, a minor Date Received: minor August 1, 1990 Date of Incident: June 12, 1990 Location of Incident: Pecan Valley Golf Course Estimate of Damages/ Injuries: $1,285.00 Nature of Incident: Claimant alleges Hunter Haas, a minor, suffered injuries as a result of a golf ball hitting him in the face and is seeking to recover damages on his behalf. Adoption of OCS-159 It was the consensus of the City Council that the recommendations be adopted. Presentation of OCS- There was presented Mayor and Council Communication No. OCS-160 from the Office of 160 - General Cor- the City Secretary recommending that correspondence from Mr. Dan Provost regarding the respondence proposed west side expansion at Dallas/Fort Worth International Airport and correspondence from Ms. Virginia Zinnicker regarding proposed 10.2 percent increase of TU Electric be referred to the Office of the City Manager. It was the consensus of the Adooption of OCS-159 City Council that the recommendation be adopted. It appearing to the City Council that the City Council on July 12, 1990, set today Benefit hearing - the as the date for the benefit hearing in connection with the assessment paving of East assessment paving of First Street from Sylvania Avenue to Rayner Avenue and that notice of a hearing has E. 1st Street from Sy - been given by publication in the Fort Worth Commercial Recorder, the official newspaper vania Ave to Rayner of the City of Fort Worth, Texas, on July 16, 17, and 18, 1990, Mayor Bolen asked if Avenue there was anyone present desiring to be heard. Mrs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public appeared regarding Works, appeared before the City Council and advised the City Council that the BH -0031 independent appraisal performed by Mr. Robert Martin substantiates that, as a result of the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment; that the independent appraisal report has been submitted to the City Council; that Mr. Robert Martin is available for questioning; and called attention of the City Council to Mayor and Council Communication No. BH -0031, as follows: Minutes of City Council P-3 Page 452 4L-3 TUESDAY, AUGUST 7, 1990 BH -001 (Cont) II SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF EAST FIRST STREET FROM SYLVANIA AVENUE TO RAYNER AVENUE (PROJECT NO. 90-136085-00) RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abutting property is specially benefited in enhanced value at least equal to the amount assessed for the improvement of East First Street from Sylvania Avenue to Rayner Avenue. DTSCUSSTON: On September 6, 1988 (M&C C-11175), the City Council approved a Community Facilities Agreement with Cumming Corp., developer of Lot 1 -AR, Schaffer -Billingsly Addition which required pre -payment of $22,386.00 for their portion of the improvements. On July 12, 1990 (M&C G-8710), the City Council established August 7, 1990, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. The project is located in Council District 8. PROPOSED IMPROVEMENTS: The improvement of East First Street will include a concrete pavement with curb on six-inch lime stabilized subgrade so that the finished roadway will be forty feet wide on a fifty-five foot width right-of-way. Driveway approaches will be constructed where specified on the plans. ASSESSMENTS: This street has not previously been constructed to City standards. All properties abutting this section of East First Street are zoned Industrial. There are no residentially zoned or improved lots being assessed. An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. Based on standard City policy, the City Engineer's estimate and the advice of the independent appraiser, the cost of the construction has been computed at $11,280.00 (19%) for the property owners, $22,386.00 (37%) for the developer and $26,834.00 (44%) for the City of Fort Worth at large: BH -0031 Hearing Closed There being no one else present desiring to be heard in connection with the Levying Assessments assessment paving of East First Street from Sylvania Avenue to Rayner Avenue, Mayor Pro Adopted tempore Gilley made a motion, seconded by Council Member McCray, that the hearing be portion of E. 1st St, closed and that the assessments be levied as recommended. When the motion was put to a Rayner Ave vote by the Mayor, it prevailed unanimously. ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING Mayor Pro tempore Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be Gilley introduced adopted. The motion was seconded by Council Member McCray. The motion, carrying with an ordinance it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, McCray, Meadows, and Webber NOES: None ABSENT: Council Members Zapata, Granger, and Chappell It appearing to the City Council that the City Council on July 12, 1990, set today Benefit hearing - the as the date for the benefit hearing in connection with the assessment paving of Feliks assessment paving of Gwozdz Street from Hemphill Street to St. Louis Avenue and that notice of a hearing has Feliks Gwozdz St from been given by publication in the Fort Worth Commercial Recorder, the official newspaper Hemphill St to St. Lo "s Avenue Minutes of City Council P-3 Page 453 The ordinance, as adopted, is as follows: Ordinance No. 10648 ORDINANCE NO. 10648 Closing Benefit Hear- ing and Levying Asses AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR sments for part of th PART OF THE COST OF IMPROVING A PORTION OF EAST FIRST STREET, FROM cost of improving a SYLVANIA AVENUE TO RAYNER AVENUE, AND PORTIONS OF SUNDRY OTHER portion of E. 1st St, STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, from Sylvania Ave to TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, Rayner Ave AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING TO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. It appearing to the City Council that the City Council on July 12, 1990, set today Benefit hearing - the as the date for the benefit hearing in connection with the assessment paving of Feliks assessment paving of Gwozdz Street from Hemphill Street to St. Louis Avenue and that notice of a hearing has Feliks Gwozdz St from been given by publication in the Fort Worth Commercial Recorder, the official newspaper Hemphill St to St. Lo "s Avenue Minutes of City Council P-3 Page 453 TUESDAY, AUGUST 7, 1990 BH -0032 (Cont.)II of the City of Fort Worth, Texas, on July 16, 17, and 18, 1990, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public appeared regarding Works, appeared before the City Council and advised the City Council that the BH -0032 - Assessment independent appraisal performed by Mr. Robert Martin substantiates that, as a result of Paving of Feliks Gwoz zthe proposed construction, each parcel of adjacent property will be enhanced in value Street from Hemphill by an amount equal to or greater than the proposed assessment; that the independent Street to St. Louis appraisal report has been submitted to the City Council; that Mr. Robert Martin is Avenue available for questioning; and called attention of the City Council to Mayor and Council Communication No. BH -0032, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF FELIKS GWOZDZ STREET FROM HEMPHILL STREET TO ST. LOUIS AVENUE (PROJECT NO. 90-136032 AND 67-040254) RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abutting property is specially benefited in enhanced value at least equal to the amount assessed for the improvement of Feliks Gwozdz Street from Hemphill Street to St. Louis Street. MIMAMLIC The 1986 Capital Improvement Program approved in March, 1986, included funds for the improvement of Feliks Gwozdz Street from Lipscomb Street to May Street. The project limit was extended east from May Street to St. Louis as a result of a Community Facilities Agreement executed by the Tarrant County Hospital District which owns fifty percent of the project extension. The existing street is substandard HMAC pavement with some curb and gutter. It is in the Mid -South Target Area and has never previously been constructed to City Standards. Community Development Block Grant funds will provide 30 percent of the construction cost. On July 12, 1990 (M&C G-8712), the City Council established August 7, 1990, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. The project is located in Council District 9. PROPOSED IMPROVEMENTS: The improvement of Feliks Gwozdz Street will include constructing a seven-inch thick concrete pavement with curb over a six-inch lime stabilized subgrade so that the finished roadway will be forty feet wide on a fifty-six foot right-of-way. Driveway approaches and sidewalks and drainage structures will be constructed where specified on the plans. ASSFSSMFNTS! In accordance with the Assessment Paving Policy, properties zoned and used for one- and two-family residences are not being assessed. An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. Based on standard City policy, the City Engineer's estimate and the advice of the independent appraiser, the cost of the construction has been computed at $49,960.00 (17%) for the property owners, $54,053.00 (19%) for the Developer's contribution, and $188,752.00 for the City of Fort Worth at large (64%). The independent appraisal substantiates that, as a result of the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment. Continued for one There being no one else present desiring to be heard in connection with the week benefit hearing assessment paving of Feliks Gwozdz Street from Hemphill Street to St. Louis Avenue, BH -0032 Mayor Pro tempore Gilley made a motion, seconded by Council Member McCray, that the hearing be continued from day to day and from time to time and especially to the City Council meeting of August 14, 1990, to give every interested person or citizen opportunity to be heard. When the motion was put to a vote by the Mayor, it prevailed unanimously. It appearing to the City Council that the City Council on July 12, 1990, set today as the date for the benefit hearing in connection with the assessment paving of Refugio Avenue from West Long Avenue to Northwest 30th Street and that notice of a hearing has been given by publication in the Fort Worth Commercial Recorder, the official newspaper of the City of Fort Worth, Texas, on July 16, 17, and 18, 1990, Mayor Bolen asked if there was anyone -present desiring to be heard. Council Member Zapata assumed his chair at the Council table at this time. Mrs. Martha Lunday, representing the Department of Transportation and Public Works, appeared before the City Council and advised the City Council that the Minutes of City Council P-3 Page 454 5 TUESDAY, AUGUST 7, 1990 Benefit Hearing independent appraisal performed by Mr. Robert Martin substantiates that, as a result of BH -0033 cr;nt. the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment; that the independent appraisal report has been submitted to the City Council; that Mr. Robert Martin is available for questioning; and called attention of the City Council to Mayor and Council Communication No. BH -0033, as follows: BH -0033 SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF REFUGIO AVENUE FROM W. LONG AVENUE TO NW 30TH STREET (PROJECT NO. 67-040194-00) RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abutting property is specially benefited in enhanced value in excess of the amount assessed for the improvement of Refugio Avenue from W. Long Avenue to NW 30th Street. nTsrusSTnN� The 1986 Capital Improvement Program approved in March, 1986, included funds for the improvement of Refugio Avenue from W. Long Avenue to NW 30th Street. The existing street consists of substandard HMAC pavement with some curb and some gutter. It is in the Far Northside Target Area and has never previously been constructed to City Standards. Community Development Block Grant funds will provide 30 percent of the construction cost. On July 12, 1990 (M&C G-8699), the City Council established August 7, 1990, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. The project is located in Council District 2. PROPOSED IMPROVEMENTS: This segment of Refugio Avenue will be improved with a seven-inch reinforced concrete pavement section with appropriate concrete curb on a six-inch lime stabilized subgrade. The finished roadway will be thirty feet wide on a sixty foot right-of-way. Driveway approaches and sidewalks will be constructed where specified on the plans. ASSESSMENTS: This street has never been constructed to City standards and is in a CDBG Target Area; therefore, in accordance with the Assessment Paving Policy, properties zoned and used for one- and two-family residences not are being assessed. An independent appraiser has submitted a report as to the amount of enhancement to property values as a result of the improvements. Based on standard City policy, the low bid prices, and the advice of the independent appraiser, the cost of the construction has been computed at $73,483.50 (17%) for the property owners and $348,987.50 (83%) for the City of Fort Worth at large. Mr. Isiah Brown Mr. Isiah Brown, 3001 North Houston, owner of Lots 1 and 2, Block 96, M.G. Ellis re BH -0033 Addition, being adjacent to Refugio Avenue from West Long Avenue to Northwest 30th Street, appeared before the City Council and expressed opposition to the proposed assessment. Mr. A.L. Conley Mr. A.L. Conley, 3208 Lee, owner of Lot 12, Block 75, M.G. Ellis Addition, being re BH -0033 adjacent to Refugio Avenue from West Long Avenue to Northwest 30th Street, appeared before the City Council and expressed opposition to the improvements not including a storm drainage and advised the City Council of the water problems on Refugio Avenue. Mr. Gary Santerre Mr. Gary Santerre, Director of the Transportation and Public Works Department, re BH -0033 appeared before the City Council and advised the City Council that, once the project is completed as designed, it will be able to carry the water down through 30th Street and that he did not feel an underground drainage would be required on this portion of Refugio Avenue. There being no one else present. desiring to be heard in connection with the benefit hearing for the assessment paving of Refugio Avenue from West Long Avenue to Northwest 30th Street, Council Member Zapata made a motion, seconded by Council Member McCray, that the hearing be closed and assessments levied as proposed, with the exception that Block 75, Lot 11 and Lots 25 and 26 of Block 95, M.G. Ellis Addition, be set at $0.00; that the assessments against Lots 8, 7, 6, and 3, Block 96; Lots 4 and 7, Block 75; Lot 21, Block 76; Lots 24 and 21, Block 95; and Lots 15, 14, and 13, Block 98, all located in the M.G. Ellis Addition, be set at $1,000.00 each; and that Lots 23 and 24, Block 76, of the M.G. Ellis Addition, be set at $2,000.00 on his findings that the enhancements are less than indicated on these properties. When the motion was put to a vote by the Mayor, it prevailed unanimously. Minutes of City Council P-3 Page 455 TUESDAY, AUGUST 7, 1990 Introduced Council Member Zapata introduced an ordinance and made a motion that it be adopted. Ordinance 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 Zapata, Garrison, McCray, Meadows, and Webber NOES: None ABSENT: Council Members Granger and Chappell The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10649 10649 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF REFUGIO AVENUE, FROM WEST LONG AVENUE TO NW 30TH STREET, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING TO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. It appearing to the City Council that the City Council on July 12, 1990, set today as the date for the benefit hearing in connection with the assessment paving of Eastland Street from Miller Avenue to Carey Street and that notice of a hearing has been given by publication in the Fort Worth Commercial Recorder, the official newspaper of the City of Fort Worth, Texas, 6-n—, uly 16, 17, and 18, 1990, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Mrs. Martha Lunday, representing the Department of Transportation and Public Lunday re BH -0034 Works, appeared before the City Council and advised the City Council that the independent appraisal performed by Mr. Robert Martin substantiates that, as a result of the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment; that the independent appraisal report has been submitted to the City Council; that Mr. Robert Martin is available for questioning; and called attention of the City Council to Mayor and Council Communication No. BH -0034, as follows: BH -0034 SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF EASTLAND STREET FROM MILLER AVENUE TO CAREY STREET (PROJECT NO. 67-040190-00) RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abutting property is benefited by enhanced value in an amount at least equal to the amount assessed for the improvement of Eastland Street from Miller Avenue to Carey Street. DISCUSSION: The 1986 Capital Improvement Program approved in March, 1986 included funds for the improvement of Eastland Street from Miller Avenue to Carey Street. The existing street is a substandard HMAC pavement. The section from Miller to Village Creek has previously been constructed to City standards; the section from Village Creek to Carey Street has not. It is in the Stop Six Target Area, and Community Development Block Grant funds will provide 15% of the reconstruction cost and 30% of the new construction cost. On July 12, 1990 (M&C G-8716), City Council established August 7, 1990, for the benefit hearing and notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. The project is located in Council District 5. PROPOSED IMPROVEMENTS: It is proposed to improve this segment of Eastland Street by constructing seven-inch concrete pavement section concrete curb on a six-inch lime stabilized subgrade so that the finished roadway will be thirty-six and forty feet wide on a variable width right-of-way. Driveway approaches, sidewalks and drainage structures will be constructed where specified on the plans. ASSESSMENTS: This street is located in a Target Area; therefore, in accordance with the Assessment Paving Policy, properties zoned and used for one- and two-family residences are not being assessed. Minutes of City Council P-3 Page 456 TUESDAY, AUGUST 7, 1990 BH -0034 cant. An independent appraiser has reported as to the amount of enhancement to property values that will result from the proposed improvements. Based on standard City policy, the City Engineer's estimate, and the advice of the independent appraiser, the cost of the construction has been computed at $238,365.45 (17X) for the property owners and $1,138,078.40 (83X) for the City of Fort Worth at large. The independent appraisal substantiates that, as a result of the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment. Council Member Webber requested permission to abstain from voting on Mayor and Council Communication No. BH -0034 for the assessment paving of Eastland Street from Miller Avenue to Carey Street. Mayor Pro tempore Gilley made a motion, seconded by Council Member McCray, that Council Member Webber be permitted to abstain from voting on Mayor and Council Communication No. BH -0034. When the motion was put to a vote by the Mayor, it prevailed unanimously. Ms. Mary Giles Ms. Mary Giles, 3851 Miller, owner of Tract 22A, Abstract 7, G.J. Assabranner re BH -0034 Survey, appeared before the City Council and expressed opposition to the proposed assessment. Mr. Gary Santerre Mr. Gary Santerre, Director of the Transportation and Public Works Department, re BH -0034 appeared before the City Council and advised Ms. Giles that the size of the street would remain the same, but that she would be receiving a new street for the portion of the assessments that she would be paying. Mrs. Charles Land Mrs. Charles Land, 5016 Eastland, owner of Lot 5, Block 5, Home Acres Addition, BH -0034 appeared before the City Council and expressed opposition to the assessment paving of Eastland Street from Miller Avenue to Carey Street. Mrs. Thelma Ms. Thelma Goodwin, representing Ms. Janice Goodwin, 5124 Eastland, owner of Goodwin re Lot 4, Block 8, Home Acres Addition, appeared before the City Council and expressed BH -0034 opposition to the proposed amount of the assessment. Ms. Dehana Hooker Ms. Dehana Hooker, owner of Lot 24 and west part of Lot 23, Block 4, Whitehall re BH -0034 Addition, appeared before the City Council and expressed opposition to the assessment paving of Eastland from Miller Avenue to Carey Street. Mr. L.C. Jones, Jr. Mr. L.C. Jones, Jr., 4932 Eastland, owner of Lot 5, Block 4, Home Acres Addition, re BH -0034 appeared before the City Council and expressed opposition to the paving assessment of Eastland Street from Miller Avenue to Carey Street. Mr. Joseph Booth Mr. Joseph Booth, representing Grace Temple SDA Church, located in Lot 1, re BH -0034 Block 14, Eastwood Terrace Addition, appeared before the City Council and expressed opposition to the paving assessment of Eastland Street from Miller Avenue to Carey Street. Mr. Gary Santerre Mr. Gary Santerre, Director of the Transportation and Public Works Department, BH -0034 appeared before the City Council and stated that no physical work has taken place on the project yet and advised the City Council that the project has not gone out for bids yet. There being no one else present desiring to be heard in connection with the benefit hearing for the assessment paving of Eastland Street from Miller Avenue to Carey Street, Council Member McCray made a motion, seconded by Council Member Zapata, that the paving assessment of Eastland Street be cancelled. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, McCray, and Meadows NOES: None ABSENT: Council Members Granger and Chappell NOT VOTING: Council Member Webber It appearing to the City Council that the City Council on July 12, 1990, set today as the date for the benefit hearing in connection with the assessment paving of Bryce Street from Neville Street to Merrick Street and Crestline Road from Neville Street to Camp Bowie Boulevard and that notice of a hearing has been given by publication in the Fort Worth Commercial Recorder,* the official newspaper of the City of Fort Worth, Texas, on July 16, 17, and 18, 1990, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Mrs. Martha Lunday, representing the Department of Transportation and Public Lunday re Works, appeared before the City Council and advised the City Council that the BH -0035 independent appraisal report has been submitted to the City Council; that Mr. Robert Martin is available to advise City Council of his findings and to answer questions; and called attention of the City Council to Mayor and Council Communication No. BH -0035, as follows: Minutes of City Council P-3 Page 457 4 z8 TUESDAY, AUGUST 7, 1990 BH -0035 cont. SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF BRYCE STREET FROM NEVILLE STREET TO MERRICK STREET AND CRESTLINE ROAD FROM NEVILLE STREET TO CAMP BOWIE BOULEVARD (PROJECT NO. 30-025257-00) RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abutting property is benefited by an enhanced value at least in the amount assessed for the improvement of Bryce Street from Neville Street to Merrick Street and Crestline Road from Neville Street to Camp Bowie Boulevard. DISCUSSION: On May 22, 1982, the voters of Fort Worth approved the 1982-83 Capital Improvement Program which included $2,552,000 for the reconstruction of Crestline Road from Camp Bowie Boulevard to Merrick Street. In 1984, a consultant's study of proposed improvements to Crestline Road concluded that the project should be postponed at that time. However, the pavement of Crestline Road has since deteriorated and is beyond economical repair. Crestline Road does not extend to Merrick Street but ends where it angles into Bryce Street at the intersection with Neville. In order to maintain the integrity of the project limits approved by the voters, the block of Bryce from Neville to Merrick is also being reconstructed at this time. The existing street consists of HMAC pavement in poor condition with curb and gutter. On July 12, 1990 (M&C G-8711), the City Council established August 7, 1990, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. The project is located in Council District 7. PROPOSED IMPROVEMENTS: The improvement on Bryce Street and Crestline Road will include a six-inch concrete pavement section with standard curb on a two-inch HMAC base over a six-inch lime stabilized subgrade so that the finished roadway will vary from thirty to thirty-six feet wide on a variable width right-of-way. Driveway approaches and sidewalks will be constructed where specified on the plans. ASSESSMENTS: This street has previously been constructed to City standards; therefore, in accordance with the Assessment Paving Policy, properties zoned and used for one- and two-family residences are not being assessed. An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. Based on standard City policy, the City Engineer's estimate and the advice of the independent appraiser, the cost of the construction has been computed at $163,180.20 (17%) for the property owners and $806,285.72 (83%) for the City of Fort Worth at large. Council Member Meadows advised the City Council that he has a shareholders interest in this project involving the assessment paving of Bryce Street for Neville Street to Merrick Street and Crestline Road from Neville Street to Camp Bowie Boulevard and advised the City Council that he would not be voting on this item. Mr: Robert West Mr. Robert West, Attorney representing the Rivercrest Country Club, located in re BH -0035 Blocks 57 and 58, Rivercrest Addition, appeared before the City Council and expressed opposition to the proposed assessment, advising the City Council that there is not any enhancements to the country club from the street improvement and that there are no special benefits gained by the country club from the improvement of Crestline Road. Mr. Wayne Hagood Mr. Wayne Hagood, 6421 Camp Bowie Boulevard, Appraiser for the Rivercrest Country re BH -0035 Club, appeared before the City Council and expressed opposition to the assessment paving of Bryce Street from Neville Street to Merrick Street and Crestline Road from Neville Street to Camp Bowie Boulevard and advised the City Council that, in his appraisal, he finds no enhancement to the country club. Mr. Bill Landreth, Mr. Bill Landreth, Jr., 1316 Thomas Place, President of the Rivercrest Country Jr. re BH -0035 Club, appeared before the City Council and advised the City Council that the property is deed restricted for the exclusive use as a golf course and advised the City Council that the property can not be sold to receive any benefit from the assessment paving; and expressed concerns regarding the proposed increased utility from the assessment paving; and requested that the City Council reconsider the assessment and set the assessment for Rivercrest Country Club at $0.00. Mr. Richard Chowni g Mr. Richard Chowning, representing All Saints' Episcopal Church, located at re BH -0035 5001 Crestline Road, Lots 1 through 7, Block 14, Chamberlin -Arlington Heights, First Minutes of City Council P-3 Page 458 i kl-7'3 TUESDAY, AUGUST 7, 1990 Mr. Richard Chown- Fi 1 i ng, appeared before the City Council to appeal the assessment and request abatement ing re BH -0035 of the project in its entirety and advised the City Council that the market value of cont. the property will not be any greater with the improvements to the street. Mr. Robert Martin Mr. Robert Martin, independent appraiser, appeared before the City Council and re BH -0035 answered questions regarding the enhancements in value of the properties in question. There being no one else present desiring to be heard in connection with the assessment paving of Bryce Street from Neville Street to Merrick Street and Crestline Road from Neville Street to Camp Bowie Boulevard, Mayor Pro tempore Gilley made a motion, seconded by Council Member Zapata, that the hearing be continued from day to day and from time to time and especially to the meeting of the August 21, 1990, to give every interested citizen or person an opportunity to be heard. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, McCray, and Webber NOES: None ABSENT: Council Members Granger and Chappell NOT VOTING: Council Member Meadows Short break 11 At this time, the City Council recessed for a short break. Reconvened into The City Council reconvened into regular session with seven members present and Council Members Granger and Chappell absent. regular session Mr. Richard Mr. Richard McDaniel, 1312 Spargercrest Drive, Bedford, Texas, owner of 2.88 acres McDaniel re located in the 7600 Block of Randol Mill Drive, appeared before the City Council and presented dis- presented a petition for disannexation of a portion of Randol Mill Road located within annexation the City limits of Fort Worth and advised the City Council that basic City services petition for a such as water and sewer have not been provided and questioned whether or not a service portion of Randol plan existed providing for the extension of municipal services after annexation within Mill Road the City limits; and requested that City Council approve a 50 percent reduction and refund of all taxes paid, present and past, over the 35 -year period until such time as the services are provided and stated that they should not be assessed at current cost when and if the services are provided and, if not provided soon, he feels that the pursuit of disannexation is at the best interest for all concerned. Mrs. Jeanni Jones Council Member Zapata requested that Mrs. Jeanni Jones be permitted to speak at re developer this time. History Maker. Home Mrs. Jeanni Jones, 4676 Misty Ridge, appeared before the City Council regarding the History Maker Homes being built in their subdivision and advised the City Council that the builder is selling homes at a larger square footage than the homes that are presently in the area, and stated that this will bring the property value of their homes down and advised the City Council that she was told that the deed restrictions in which they signed are null and void. Mayor Bolen advised Ms. Jones that they will investigate this matter. M&C G-8720 re There was presented Mayor and Council Communication No. G-8720, dated July 12, agreement with 1990, from the City Manager, as follows: Tarrant County Office of Criminal SUBJECT: FELONY AND FORFEITURE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND district Attorney OFFICE OF THE CRIMINAL DISTRICT ATTORNEY regarding the forfeiture of RECOMMENDATION: certain properties seized as a result It is recommended that the City Council authorize the City Manager and Chief of felony activity of Police to enter into the attached agreement with the Tarrant County Office of the Criminal District Attorney regarding the forfeiture of certain properties seized as a result of felony activity. DISCUSSION: Chapter 59 of the Texas Code of Criminal Procedure, enacted in 1989, provides for the forfeiture to the State of Texas and its agencies and political subdivisions of certain property of any nature, including real, personal, tangible or intangible, that is either used or intended to be used in the commission of certain felonies, or is proceeds or acquired with proceeds gained from the commission of certain felonies. Article 59.06 of the Code provides that all forfeited property shall be administered by the District Attorney, acting as the agent for the State. A municipality must enter into an agreement with the District Attorney in order to share the proceeds from forfeitures after final disposition. In the event an agreement cannot be reached, proceeds from the disposition go to the State. In October of 1989, the District Attorney's office forwarded a "Memorandum of Agreement" to the City for execution. It basically proposed that proceeds be divided with the District Attorney's office on a 50/50 basis, after certain costs, including those for litigation, are deducted. Minutes of City Council P-3 Page 459 TUESDAY, AUGUST 7, 1990 M&C G-8720 cont. Prior to recommending approval of the agreement, a survey was conducted of agreement with major cities and counties in the State to determine what, if any, sharing Tarrant County formula they have in place on forfeitures (See Attachment). Most of the Office of Criminal formulas were in favor of the cities. Of the 18 cities with an agreement in District Attorney place, eight (8) used 80/20, one (1) was 75/25, four (4) used 70/30, one (1) was 65/35, three (3) used 50/50 and one (1) had a sliding scale that used 50/50 for the first $200,000 and increased the city's share as the amount of the forfeitures increased. After reviewing the survey results, staff recommended to the Mayor and City Manager that a counter -proposal be sent to the District Attorney proposing a formula under which the City would receive 70% and the District Attorney 30%. This proposal was submitted to the District Attorney on more than one occasion during the past few months and was rejected each time. Although Chapter 59 of the Code does not require that all cities in a county enter into identical agreements, the District Attorney has stated that it is his opinion that they should do so. Therefore, in order not to allow forfeiture proceeds to be returned to the State, it is recommended that the original agreement submitted by the District Attorney's office be executed. No one can predict how much revenue will be generated from this program. However, staff will closely monitor the forfeiture activity and make periodic reports to the City Council. TERMS OF THE AGREEMENT: Outlined below are the basic terms of the agreement. 1. Once a judgment has become final, all monies placed in the fund will be distributed as follows: a. All costs and fees incurred pursuant to the forfeiture proceedings shall be paid from the forfeited monies; b. One half of all remaining monies, plus one half of all accrued interest shall be disbursed to the City to be placed in a special fund to be used for law enforcement purposes; and, c. All remaining monies, plus remaining interest shall be placed in a special fund to be used for official purposes of the District Attorney's Office. 2. Once a forfeiture judgment has become final on real property, it shall be sold by Tarrant County and all proceeds will be disbursed based on the above formula. 3. Once a final judgment has been made on personal properties, the same procedures will be followed as outlined in Number 2 above. 4. In the case of real and personal property, if both the City and District Attorney agree, it can be used for law enforcement purposes, as opposed to being sold. 5. The City shall be able to make requests of the District Attorney for additional disbursements from the District Attorney's special fund. The decision regarding such requests shall rest solely with the District Attorney. 6. The agreement may be terminated upon thirty (30) days written notice by either party to the other, however, any then pending forfeitures shall not be affected by such notices. Council Member Zapata read a statement regarding the Felony/Forfeiture Agreement between the City of Fort Worth and the Tarrant County District Attorney's Office and made a motion, seconded by Mayor Pro tempore Gilley, that the recommendation, as contained in Mayor and Council Communication No. G-8720, be approved, as amended, to include the following conditions: 1. That the City request the District Attorney to provide an audit of the seized funds to the City, as provided by State law; 2. That if after reviewing the audit, the City concludes that it is not receiving a fair share of the seized assets, the District Attorney be asked to renegotiate the distribution percentage; 3. If the District Attorney refuses to renegotiate, the City issue a 30 day notice, as provided by State law, that the contract will be cancelled; and, 4. In the event an agreement still cannot be reached, consideration should be given to turning over the seized assets to the State Treasury. [(The statement that Council Member Zapata read regarding the Felony/Forfeiture Agreement between the City of Fort Worth and Tarrant County District Attorney's Office is incorporated herein by reference thereto and is included in the Council Proceeding File of the meeting of August 7, 1990.)] Minutes of City Council P-3 Page 460 4 C; _1 TUESDAY, AUGUST 7, 1990 M&C G-8720 cont. 11 When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-8723 tabled It was the consensus of the City Council that Mayor and Council Communication plans for the No. G-8723, Proposed Construction of Fort Worth Zoo Asian Rhino Exhibit, be tabled. Asian Rhino Exhibit for the water main replacement in Bradley Street from Wi ndowmere Street to the T & P M&C G-8724 tabled It was the consensus of the City Council that Mayor and Council Communication pians for the Te xa No. G-8724, Proposed Construction of Texas Endangered Cats Zoo Exhibit, be tabled. Endangered Cats consensus of the City Council that the recommendation be adopted. Exhibit There was presented Mayor and Council Communication No. G-8753 from the City M&C G-8753 re Manager stating that the 1986 Capital Improvement Program approved in March 1986 improvements to included funds for the improvement of Martin Avenue from Trentman Street to Tahoe Martin Avenue from Street; that the existing street is substandard HMAC pavement with some curb and gutter Trentman Street to and has never previously been constructed to City Standards; that this project is Tahoe Street located in Council Districts 5 and 8; that the total estimated cost of the assessment to Crowley Road is $497,200.00; stating that financing for the project will be established at the time of the contract award; and recommending that the City Council: 1. Declare the necessity for and order the improvements to Martin Avenue from Trentman Street to Tahoe Street; 2. Authorize the assessment of a portion of the cost of the improvements to Martin Avenue against the owners of the abutting property; 3. Approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate; 4. Establish September 4, 1990, as the date of the benefit hearing; and 5. Authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes. M&C G-8753 adoptedll It was the consensus of the City Council that the recommendations be adopted. M&C G-8754 re There was presented Mayor and Council Communication No. G-8754 from the City worth authorization Manager recommending that a work authorization be authorized in accordance with AR3-3 for water main re- for the water main replacement in Bradley Street from Wi ndowmere Street to the T & P placement in Railroad, for a total estimated project cost of $36,828.74, with funds available in Bradley Street Water and Sewer Operating Fund 45, Account No. 60-70-04, Index Code 377408. It was the from Windoriere St. consensus of the City Council that the recommendation be adopted. to T & P Railroad A &C G-8755 re There was presented Mayor and Council Communication No. G-8755 from the City Special Assessment Manager stating that final assessment rolls are usually approved by City Council in of Sycamore School conjunction with the acceptance of a project and approval of final payment; that this Road, Unit IV and project was administered by the State Department of Highways and Public Transportation, Hest Everman Pkwy. therefore final payment and acceptance were made by the State; and recommending that to Crowley Road the City Council approve final assessment rolls and authorize issuance of Certificates of Special Assessment levied against the abutting property owners of Sycamore School Road, Unit IV and West Everman Parkway at Crowley Road in accordance with provisions of Article 1105b of Vernon's Texas Civil Statutes. It was the consensus of the City Council that the recommendation be adopted. M&C G-8755 re There was presented Mayor and Council Communication No. G-8756 from the City Settlement of Clai Manager stating that Suzanne Eller filed a claim for injuries which she claims resulted filed by Suzanne from a fall in an unlit area of the Water Gardens on July 25, 1989, at about 8:30 p.m.; Eller that, while admitting no liability in this matter, the Risk Management Department has negotiated with Ms. Eller through her attorney and has agreed to a settlement of $25,000.00, pending City Council approval; stating that funds are available in Property and Casualty Insurance Fund FE71, Account No. 534030, Center 015-71-10, Account No. 534030; and recommending that the City Council approve the settlement of claim filed by Suzanne Eller and authorize expenditure of the sum of $25,000.00 for the settlement agreed to by Ms. Eller, her attorney, and the City of Fort Worth. It was the consensus of the City Council that the recommendations be adopted. M&C G-8757 re There was presented Mayor and Council Communication No. G-8757 from the City retention of law Manager stating that the City of Fort Worth was sued on June 25, 1990, in the United firm of Haynes and States District Court for the Northern District of Texas, Fort Worth Division, in a Boone as outside suit entitled B.L. Dumas, et al. v. City of Fort Worth; that the plaintiffs allege in counsel in the this suit that under the Fair Labor Standards Act they are entitled to overtime pay at case of Dumas a rate of one and one-half times their regular rate of pay for all hours of overtime et al versus they have worked since June 25, 1988; that, because this matter is of extraordinary City of Fort Worth importance, it is the opinion of the City Manager and the City Attorney that outside legal counsel, with expertise in matters involving the Fair Labor Standards Act, be retained to assist the City Attorney in representing the City in this case and to advise the City on related matters; that the firm of Haynes and Boone are well recognized for their knowledge and expertise in legal matters involving governmental employees; that the firm has agreed to assist the City Attorney in this matter and to consult with the City for a rate of $125.00 per hour; and recommending that the City Council: 1. Retain the law firm of Haynes and Boone, as outside counsel, pursuant to Section 3, Chapter VI of the City Charter, to assist the City Attorney in representing the City in the case of Dumas et al. v. City of Fort Worth, and to advise the City on related matters. Minutes of City Council P-3 Page 461 46-20 TUESDAY, AUGUST 7, 1990 M&C G-8757 cont 2. Adopt the attached resolution fixing in advance, as far as practicable, retention of law the sum to be paid to Haynes and Boone, for their services, in an amount firm of Haynes and Boone as not to exceed $30,000.00; and outside counsel 3. Adopt the attached supplemental appropriations ordinance increasing to assist the Cit Attorney appropriation by $30,000.00 in the General Fund 01 - Non -Departmental Account No. 90-55-00, Consultant Fees, and decreasing the General Fund unreserved, undesignated fund balance by the same amount. Mayor Pro tempore Gilley made a motion, seconded by Council Member Zapata, that the recommendations, as contained in Mayor and Council Communication No. G-8757, be adopted and requested that, once the new attorney is on board, the City Attorney schedule an executive session to assess where we are on this matter. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced Mayor Pro tempore Gilley introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member Zapata. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, McCray, Meadows, and Webber NOES: None ABSENT: Council Members Granger and Chappell The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1554 1554 WHEREAS, the City of Fort Worth is the Defendant in a suit entitled B.L. Dumas et al v. City of Fort Worth; and WHEREAS, because these matters are of extraordinary importance, it is necessary to retain outside counsel to assist the City Attorney in representing the City in connection with such suit, and to advise the City on related matters; and WHEREAS, the law firm of Haynes and Boone possess knowledge and expertise in legal matters concerning government employees and have agreed to assist the City Attorney in representing the City in this matter and to consult with the City on matters related thereto; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That the law firm of Haynes and Boone be retained as outside counsel pursuant to Section 3, Chapter VI, of the City Charter, to assist the City Attorney in representing the City of Fort Worth in the case of B.L. Dumas v. City of Fort Worth, and to advise the City on related matters. II. That, as far as practicable, the compensation to be paid the firm for their services be fixed in an amount not to exceed $30,000, their standard governmental rate being $125.00 per hour. Introduced Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Zapata. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, McCray, Meadows, and Webber NOES: None ABSENT: Council Members Granger and Chappell The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10650 10650 AN ORDINANCE INCREASING APPROPRIATIONS IN THE GENERAL FUND 01, NON -DEPARTMENTAL ACCOUNT NO. 90-55-00, OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1989-90 BY THE SUM OF $30,000 AND DECREASING THE UNRESERVED, UNDESIGNATED FUND BALANCE OF THE GENERAL FUND 01 BY THE SAME AMOUNT FOR THE PURPOSE OF COMPENSATING CONSULTANTS IN CONNECTION WITH THE CASE OF DUMAS ET AL V. CITY OF FORT WORTH AND RELATED MATTERS; 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. Minutes of City Council P-3 Page 462 TUESDAY, AUGUST 7, 1990 Ordinance No. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 10550 cont. , SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. &C G-8758 re There was presented Mayor and Council Communication No. G-8758 from the City ax overpayments Manager stating that the Texas Property Tax Code requires that a taxpayer must request a refund for tax overpayment within three years of that payment; that Section 31.11 of the Property Tax Code further requires approval by the governing body before refunding overpayments or erroneous payments in instances where the refund exceeds $500.00; stating that funds are available in General Fund 01, Account No. 13-40-20, from GG01 411012 0134020; that the Revenue Collection Division of the Finance Department has verified erroneous payments or overpayments were made and recommends refund, as follows: ACCOUNT NO. LEGAL DESCRIPTION NAME AMOUNT 0028-94-34 Lot 13, Blk F Commodore Financial $ 1,263.90 1989 Taxes Broad Acres (City and School) Erroneous Payment 0041-45-30 Lot 18, Blk 19 Standard Fed. Savings 2,169.57 1989 Taxes Candleridge Add (City and School) Taxes Paid Twice 0095-26-99 Lot 4, Blk 5 Hegar, Beth or Frank 514.07 1989 Taxes Forest Oaks (Forest Hills) (School Only) Overpayment 0104-56-87 Lot 4, Blk 7 Carteret Savings Bank 978.50 1989 Taxes Glencrest South Add (City and School) Taxes Paid Twice 0215-92-28 Lot 34R, Blk 60 First National Bank 1,274.85 1989 Taxes Parkwood Estates San Diego, CA (City and School) Taxes Paid Twice 0304-84-46 Lot 14, Blk 8 First National Bank 1,036.20 1989 Taxes Sunset Heights South San Diego, CA (City and School) Taxes Paid Twice 0477-66-31 Lot 15A, Blk 18A Carteret Savings 1,337.70 1989 Taxes Candelridge Add (City and School) Taxes Paid Twice 0477-66-58 Lot 15B, Blk 18A Carteret Savings 1,337.70 1989 Taxes Candleridge Add (City and School) Taxes Paid Twice 0511-91-62 Lot 5B, Blk 2 Sunbelt Savings, FSB 524.19 1989 Taxes Poppy Summerfields East #1 (City Only) Taxes Paid Twice 0555-09-39 Lot 1AR, Blk 2 Cottonwood Ridge Partn 71,842.20 1987 Taxes Cottonwood Village (City and School) Taxes Paid Twice 0299-04-66 Lot 15, Block 11 G.P. Demtros 582.09 1989 Taxes Summerfields (City Only) Taxes Paid Twice 0101-83-53 Lot 7, Block 2 Murray Mortgage Co. 979.10 1988 Taxes Friars Square Addn. (City and School) Erroneous Payment 83,840.07 Minutes of City Council P-3 Page 463 TUESDAY, AUGUST 7, 1990 On motion of Mayor Pro tempore Gilley, seconded by Council Member Zapata, the recommendation was adopted. M&C G-8759 r There was presented Mayor and Council Communication No. G-8759 from the City D/FW RAILTRA Manager, as follows: Sytem Budget Fiscal Year 990 SUBJECT: D/FW RAILTRAN SYSTEM BUDGET FISCAL YEAR 1990 RECOMMENDATION: It is recommended that the City Council approve the attached RAILTRAN Fiscal Year 1990 operating budget, per the July 5, 1990 recommendation of the RAILTRAN Policy Committee. DISCUSSION: The RAILTRAN Committee is charged by the City Councils of Fort Worth and Dallas with the day-to-day responsibility for administering, planning, and developing the RAILTRAN right-of-way for mass transit usage. Official actions are recommended to the two City Councils for approval. Fort Worth and Dallas City staff provide planning, property management, and administrative support for the work of the RAILTRAN Policy Committee; their time spent on RAILTRAN projects is charged to RAILTRAN and is not paid from the General Fund of either City. On July 5, 1990, the RAILTRAN Policy Committee approved the RAILTRAN Fiscal Year 1990-91 operating budget to authorize expenditures made for RAILTRAN activities. The RAILTRAN policies provide for the approval of this budget by the two City Councils, although RAILTRAN revenues must be reserved for mass transit usage only. The RAILTRAN Administration -Fort Worth and RAILTRAN Property ManagementDallas budgets are consolidated in the attached document. All cost associated with the Cities' management and planning functions for the RAILTRAN property are listed under these categories. Costs to be incurred for outside professional services, such as a consulting engineering, right-of-way maintenance and outside legal counsel are listed under Contract Services. The 1990 budget is smaller than the previous year's because the previously approved purchase of computer hardware and software for the Fort Worth Property Inventory and Information Management System work has been completed and because of a decrease in the amount charged for City Forces from the City of Dallas. The increase in the Salary portion of the budget is due to the change to a full-time manager for the first time. An increase of $816 for Supplies and Materials is included in order to allow for the purchase of new supplies for Railtran's move to the Manager's Office. This past fiscal year two Committee members were called on to go to Washington to meet with various Congressmen. It is probable that Committee members will be asked to make similar trips next fiscal year as well and therefore, Travel/Training has been increased by $3,300. FINANCIAL: RAILTRAN is a self-supporting activity. Rental income generated by leasing the right-of-way supports all costs. One of the stipulations of the Urban Mass Transportation Administration is that revenues may be used only for activities relating to administration, maintenance, planning, and operation of mass transportation in the Corridor. M&C G-8759 On motion of Council Member Garrison, seconded by Mayor Pro tempore Gilley, the recommendation, as contained in Mayor and Council Communication No. G-8759, was adopted. [(The 1991 RAILTRAN Budget information is incorporated herein by reference thereto and is included in the Council Proceedings file of the meeting of August 7, 1990.)] M&C G-8760 re There was presented Mayor and Council Communication No. G-8760 from the City initiated zone Manager, as follows: change request in approved SUBJECT: CONSIDER APPROVAL OF CITY INITIATED ZONE CHANGE REQUEST. -IN APPROVED targeted are plan TARGETED AREA PLAN NEIGHBORHOODS neighborhood RECOMMENDATION: It is recommended that the City Council establish the following policy regarding City initiated zone changes: "The City may initiate a change in zoning at no cost to the property owner on any property whose zoning is not in accordance with an approved target area plan subject to the following conditions: a. property owner request such a change; Minutes of City Council P-3 Page 464 4�'S. TUESDAY, AUGUST 7, 1990 M&C G-8760 cont. b. hearings to initiate these changes will be scheduled no more re initiated zone frequently than semi-annually; and change request in approved targeted c. nothing shall preclude the property owner from requesting a change are plan neighbor- in zoning at any time subject to standard fees and procedures." hoods II DISCUSSION: On April 17, 1990, the City Council approved the Glenwood Triangle Target Area Plan (G-8554).. The plan included a recommendation to waive the standard zoning application fee for zoning change request within the target area which down -zoned property in compliance with the approved land use plan. Ms. Virginia Milsap, Chairperson of the Glenwood Triangle Improvement Association, presented the City Council with a request to waive the application fees as recommended by the Plan Commission. The City Council expressed concern over the potential expense of a piece meal approach which would result by individual applications being filed and directed the staff to review and recommend a procedure to accommodate the neighborhood request in a unified manner. The proposed policy as outlined allows for the unified and orderly processing of all applicable requests in a single action at a pre -determined time which will minimize the administrative expense. It is anticipated that future requests will be forthcoming as other neighborhoods become involved in the target area planning process. M&C G-8762 re It was the consensus of the City Council that Mayor and Council Communication Sanus Texas Health No. G-8762, Professional Services Agreement with Sanus Texas Health Plan, Inc., be Plan, Inc. cont. continued for one week. for one week M&C P-4408 re There was presented Mayor and Council Communication No. P-4408 from the City purchase of radio Manager stating that the City Council authorized the purchase of radio replacement replacement parts parts from the sole source vendor, Motorola Corporation, on September 12, 1989, for an from the Motorola amount not to exceed $10,000.00; that the Electronic Division of Information Systems Corporation and Services Department requires additional funds in order to maintain the City -owned equipment until the expiration of the fiscal year; stating that funds are available in General Fund 01, Account No. 04-60-01, Index Code 234880; and recommending that the City Council amend Mayor and Council Communication No. P-3882, dated September 12, 1989, to increase the amount to be spent with Motorola Corporation to $15,000.00 f.o.b. net, Fort Worth, with an effective date of September 12, 1989, through September 11, 1990. It was the consensus of the City Council that the recommendations be adopted. M&C P-4409 re There was presented Mayor and Council Communication No. P-4409 from the City repairs for the Manager submitting a tabulation of bids received for the purchase of labor, materials, roof for the Water and insurance to perform roof repairs for the Water Department; stating that funds are Department from available in Water and Sewer Operating Fund 45, Account No. 60-50-02, Index Code Pickering & Assoc- 373670; and recommending that the purchase be made from Pickering & Associates on low is tes bid, meeting City specifications, of $70,482.50 net, f.o.b. Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. M&C P-4410 re There was presented Mayor and Council Communication No. P-4410 from the City grass mowing Manager submitting a tabulation of bids received for grass mowing service for the City services for the Services Department; stating that budgeted funds are sufficient to cover the City Services anticipated expenditure by each department participating in this agreement; and Department with recommending that the City Council: Burley Corp. and City Haul 1. Authorize one year purchase agreements, with one-year option renewals, to provide grass mowing service for the City Services Department on the basis of low unit prices, as follows: A) BURLY CORPORATION: PRIVATE PROPERTY PRIVATE PROPERTY UNRESTRICTED ACCESS RESTRICTED ACCESS LAND SIZE AREAS A, B, C, D, E AREAS A, B, C, D, E Parcels up to 7,500 sq. ft. $14.15/parcel $29.00/parcel 7,501 - 10,000 sq. ft $15.90/parcel $29.00/parcel Minutes of City Council P-3 Page 465 On motion of Council Member Webber, seconded by Council Member Meadows, the recommendation, as contained in Mayor and Council Communication No. G-8760, was adopted. M&C G-8761 re There was presented Mayor and Council Communication No. G-8761 from the City Water Capital Im- Manager stating that the Town of Haslet has had no previous water contract with the provement Fund to City of Fort Worth; that a water metering station must be constructed in order to Water Capital provide water service; that, under an interlocal agreement with the Town of Haslet, the Improvement Fund City of Fort Worth will be reimbursed for all construction costs; and recommending that 83, dater Meter the City Council authorize the City Manager to execute a work authorization in Installation, Town accordance with AR3-3 for the installation of a water metering station for the Town of of Haslet Haslet for an estimated construction cost of $76,950.00, and authorize a fund transfer in the amount of $76,950.00 from Water Capital Improvement Fund 83, Project No. 011000-00, Water Interest, to Water Capital Improvement Fund 83, Project No. 015075-00, Water Meter Installation, Town of Haslet. It was the consensus of the City Council that the recommendations be adopted. M&C G-8762 re It was the consensus of the City Council that Mayor and Council Communication Sanus Texas Health No. G-8762, Professional Services Agreement with Sanus Texas Health Plan, Inc., be Plan, Inc. cont. continued for one week. for one week M&C P-4408 re There was presented Mayor and Council Communication No. P-4408 from the City purchase of radio Manager stating that the City Council authorized the purchase of radio replacement replacement parts parts from the sole source vendor, Motorola Corporation, on September 12, 1989, for an from the Motorola amount not to exceed $10,000.00; that the Electronic Division of Information Systems Corporation and Services Department requires additional funds in order to maintain the City -owned equipment until the expiration of the fiscal year; stating that funds are available in General Fund 01, Account No. 04-60-01, Index Code 234880; and recommending that the City Council amend Mayor and Council Communication No. P-3882, dated September 12, 1989, to increase the amount to be spent with Motorola Corporation to $15,000.00 f.o.b. net, Fort Worth, with an effective date of September 12, 1989, through September 11, 1990. It was the consensus of the City Council that the recommendations be adopted. M&C P-4409 re There was presented Mayor and Council Communication No. P-4409 from the City repairs for the Manager submitting a tabulation of bids received for the purchase of labor, materials, roof for the Water and insurance to perform roof repairs for the Water Department; stating that funds are Department from available in Water and Sewer Operating Fund 45, Account No. 60-50-02, Index Code Pickering & Assoc- 373670; and recommending that the purchase be made from Pickering & Associates on low is tes bid, meeting City specifications, of $70,482.50 net, f.o.b. Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. M&C P-4410 re There was presented Mayor and Council Communication No. P-4410 from the City grass mowing Manager submitting a tabulation of bids received for grass mowing service for the City services for the Services Department; stating that budgeted funds are sufficient to cover the City Services anticipated expenditure by each department participating in this agreement; and Department with recommending that the City Council: Burley Corp. and City Haul 1. Authorize one year purchase agreements, with one-year option renewals, to provide grass mowing service for the City Services Department on the basis of low unit prices, as follows: A) BURLY CORPORATION: PRIVATE PROPERTY PRIVATE PROPERTY UNRESTRICTED ACCESS RESTRICTED ACCESS LAND SIZE AREAS A, B, C, D, E AREAS A, B, C, D, E Parcels up to 7,500 sq. ft. $14.15/parcel $29.00/parcel 7,501 - 10,000 sq. ft $15.90/parcel $29.00/parcel Minutes of City Council P-3 Page 465 M&C P-4410 c nt. re grass mow ng services for the City Service Department with Burley Corp. and City Haul M&C P-4411 r 160 traffic signal poles from Inter- national Paper M&C P-4412 r computerized sign making equipment for the Signs and Markings div cion of the Transorta tion and Pub is Works Depart ent M&C P-4413 r purchase ofm bile fume hood an acc essories for the Water Depart ent from ICN Flo , ; In ; M&C P-4414 r purchase of abor and material to make roof re airs for the Hate Department from A.A. A.A. Ap iica- tions, Inc. M&C P-4415 r purchase agree- ment with Advanced Tank Technol gy to supply fuel ove fill and contain- ment devices for the City Ser ices Department M&C L-10184 re acquisition of right of way and temporary co struc tion easemen ` TUESDAY_ AUGUST 7. 199n 10,001 - 20,000 sq. ft. $22.15/parcel $28.00/parcel 20,001 - One Acre $19.80/parcel $19.80/parcel Over one acre $21.15/acre $21.15/acre B) CITY HAUL: CITY OWNED LOTS LAND SIZE AREAS A, B, C, D, E Parcels up to 7,500 sq. ft.. $14.00/parcel 7,501 - 10,000 sq. ft. $14.00/parcel 10,001 - 20,000 sq. ft. $15.00/parcel 20,001 - One Acre $20.00/parcel Over one acre $20.00/acre 2. Authorize the use of the second and third low bidders as secondary vendors; and 3. Authorize these agreements to become effective June 14, 1990, and expire June 13, 1991. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. P-4411 from the City Manager submitting a tabulation of bids received for the purchase of 150 traffic signal poles for Transportation and Public Works Department; stating that purchases will be charged to General Fund 01, Inventory Subsidiary Account No. 141-000273; and recommending that the purchase be made from International Paper on its low overall bid of $12,620.00 net, f.o.b. Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. P-4412 from the City Manager submitting a tabulation of bids received for the purchase of sign making equipment for the Transportation and Public Works Department; stating that funds are available in General Fund 01, Account No. 20-40-02, Index Code 281956; and recommending that the purchase be made from CMS on its low bid meeting specifications of $5,370.00 net, f.o.b. destination - Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. P-4413 from the City Manager submitting a tabulation of bids received for the purchase of a mobile fume hood and accessories for the Water Department; stating that funds are available in Water and Sewer Operating Fund 45, Account No. 70-30-01, Index Code 390153; and recommending that the purchase be made from ICN Flow, Inc., on low bid of unit price of $6,825.00 net, f.o.b. Costa Mesa, California. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. P-4414 from the City Manager submitting a tabulation of bids received for the purchase of labor and materials to make roof repairs for the Water Department; stating that funds are available in Water and Sewer Operating Fund 45, Account No. 60-70-09, Index Code 379750; and recommending that the purchase be made from A.A. Applications, Inc., on low bid of $19,923.00 net, f.o.b. Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. P-4415 from the City Manager submitting a tabulation of bids received for a purchase agreement to supply fuel overfill and containment devices for the City Services Department; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department -participating in this agreement; and recommending that the City Council authorize: 1. A purchase agreement with Advanced Tank Technology to supply fuel overfill and containment devices for the City Services Department on the low bid of the following unit prices: Item 1 Overfill Protection Device Item 2 5 Gallon Containment Device Item 3 10 Gallon Containment Device Item 4 15 Gallon Containment Device Item 5 20 Gallon Containment Device Item 6 25 Gallon Containment Device $356.5862 each dual point $387.00 single point $184.00 each $255.00 each $255.00 each $277.00 each $277.00 each 2. The agreement to begin the date of authorization by the City Council and end one year later with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. L-10184 from the City Manager recommending that the City pay a total consideration of $534.00 for a rectangularly -shaped strip of land from the west property line of Lot 25, Block 5, Home Acres Addition, as described in Volume 6575, Page 304, Deed Records, Tarrant County, Texas, and an irregularly-shaped temporary construction easement parallel and adjacent Minutes of City Council P-3 Page 466 4 �- TUESDAY, AUGUST 7, 1990 M&C L-10184 cont. to the above-described right-of-way; same being five feet in width on the north re acquisition of property line and about ten feet in width on the south property line, 100 feet in right of way and length; located at 3929 Village Creek Road; owned by M.C. Schultz et ux Luvenia; and temporary construc required for improvement of Village Creek Road. It was the consensus of the City tion easement Council that the right-of-way and temporary construction easement be acquired as recommended and that the expenditure be charged to Street Improvements Fund GS67, Center No. 20670401150, Account No. 541100. M&C L-10185 re acquisition of right of way and temporary construc tion easenent and public open space easement There was presented Mayor and Council Communication No. L-10185 from the City Manager, as follows: SUBJECT: ACQUISITION OF PROPERTY/IMPROVEMENT OF VILLAGE CREEK ROAD/PARCEL 42 RECOMMENDATION: It is recommended that approval be given for the acquisition of the property described below: 1. Name and Description of Project Improvement of Village Creek Road 2. Type of Acquisition Outright Purchase/Permanent Easement and Temporary Easement/Right-of-Way 3. Description of Land Ri ht-of-Wa - An irregularly shaped strip of land along the west property line of Lot 5, Block 5, Eastwood addition 4th Filing as described in Volume 6966, Page 1425, Deed records, Tarrant County, Texas. This strip of land is approximately 13.68 feet in depth along the south property line, 4 feet in depth along the north property line and 120 feet in length, containing 501 square feet as required for street right-of-way. Temporary Construction Easement - A rectangularly shaped strip of land from the west property line of Lot 5, Block 5, is parallel and adjacent to the above described right-of-way. This strip of land is 15 feet in length and 6 feet in width and contains 90 square feet as required for a temporary construction easement. Public Open Space Easement - A parcel of land from the southwest corner of the above Lot 5, Block 5. This strip of land is required for a Public Open Space Easement and contains 179 square feet of land. Square Feet: R.O.W. - 501 T.C.E - 90 P.O.S.E. - 179 Zoning: "B" Two -Family Description of Improvements: Parcel No.: 42 4. Consideration Payment for land Payment for improvements Other Consideration Total Consideration 5. Location 5001 Virgil St. Landscape and Fence $290.58 400.38 109.04 800.00 6. Owner Comes Bradford et ux Brenda 7. Financing Sufficient funds are available in Street Improvements Fund GS67, Center No. 016670401150, Village Creek Rd. Expenditure will be made from Account No. 541100. 8. Land A ent Ethe Roberts M&C L-10185 adoptei It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. L-10185, be adopted. M&C L-10185 re There was presented Mayor and Council Communication No. L-10186 from the City acquisition of Manager recommending that the City pay a consideration of $1.00 for a ten -foot aerial permanent easement easement which lies common to the west property line of Lot 8, Block 7, and the east street light property line of Lot 7, Block 7, Silver Ridge Addition, Phase 1, Section 1; located at 10917 Mt. Bonnel Court; owned by Teslin Investment Corporation; and required for the installation of mid -block street lighting. It was the consensus of the City Council that the easement be acquired as recommended and that the expenditure be charged to Index Code 282483. Minutes of City Council P-3 Page 467 TUESDAY, AUGUST 7, 1990 M&C L-10187 re There was presented Mayor and Council Communication No. L-10187 from the City acquisition of two Manager, as follows: permanent ease- ments SUBJECT: ACQUISITION OF PERMANENT EASEMENT/SANITARY SEWER REPLACEMENT M-53, A.H. FISH ADDITION, PARCELS 7-A AND 7-B RECOMMENDATION: It is recommended that the City Council: 1. Authorize a fund transfer in the amount of $600.00 from Sewer Capital Improvement Fund PS58, Center No. 070580139010, Unspecified to Sewer Capital Improvement Fund PS58, Center No. 016580170770, Sanitary Sewer Replacement M-53; and 2. Approve the acquisition of the property described below: 1. Name of Project Sanitary Sewer Replacement M-53 2. Type of Acquisition Outright Purchase/Permanent Easement 3. Description of Land Parcel 7-A (Lot 9) - A rectangularly shaped strip of land out of Lot 9, Block 2, A. H. Fish addition as recorded in Volume 4889, Page 645, Deed Records, Tarrant County, Texas. This strip of land is 5.0 feet in depth and 50.0 feet in length and lies adjacent to and contiguous with the west right-of-way line of Hendricks Street, required for a permanent easement. Parcel 7-B (Lot 10) - An irregularly shaped strip of land out of Lot 10, Block 2, A. H. Fish Addition as recorded in Volume 4889, Page 645, Deed records, Tarrant County, Texas. This strip of land is 5.0 feet in depth along its north line, 64.63 feet in length along its west line, 10.62 feet in depth along its south line and 74.0 feet in length along its east line and lies adjacent to and contiguous with the west right-of-way line of Hendricks Street, required for a permanent easement. Square Feet: 7-A - 250.0 __Zoning: E 7-B - 347.0 Parcel No.: 7-A 7-B 4. Consideration Payment for land $600.00 Total Consideration $600.00 5. Location Hendricks St., at its intersection with Mitchell Boulevard and Avenue "I". 6. Owner Mrs. Louise H. Murray 7. Financing Sufficient funds are available to transfer from Sewer Capital Improvement Fund PS58, Center No. 070580139010, Unspecified. Upon approval and completion of Recommendation No. 1 in the amount of $600, sufficient -funds will be available in Sewer Capital Improvement Fund PS58, Center No. 016580170770, Sanitary Sewer Replacement M-53, Expenditure will be made from Account No. 541100. Minutes of City Council P-3 Page 468 8. Land Agent Jerry Chalker M&C L-10187 It was the consensus of the City Council that the recommendations, as contained in adopted Mayor and Council Communication No. L-10187, be adopted, as amended. M&C C-12455 re There was presented Mayor and Council Communication No. C-12455 from the City amendment wi h Manager stating that the City Council entered into an agreement on February 28, 1990, Cater & Burgess, (City Secretary Contract No. 17700) with the Page Avjet Corporation regarding Page Inc. for addition- Avjet's construction of an aircraft maintenance hangar at Meacham Airport; that the al services in terms of the Agreement require that the City design and construct the necessary site connection with improvements to accommodate the new hangar; that the City Manager was authorized on the design o site April 3, 1990, by Mayor and Council Communication No. C-12255 to contract with Carter & improvements for Burgess, Inc., to design the site improvements at a lump sum fee of $151,000.00; that the Page Avj t the designs and the fee were based on Page Avjet's intention to construct the middle facility at hangar of three proposed hangars during Phase 1 of the project; that, early in the Meacham Airp rt review period, Page Avjet advised the City of two major changes: the aircraft apron would be used as a fuel ing/defueling apron; and the north hangar, rather than the middle hangar, would be constructed during Phase 1 of the project; that the changes Minutes of City Council P-3 Page 468 4( TUESDAY, AUGUST 7, 1990 M&C C-12455 cont. re amendment with have required that Carter & Burgess revise about 20 plan sheets that were substantially L Burgess, complete, design a new parking lot for FAA's Automated Flight Service Station, design complete, Iarter r addition- new parking lot entrances and a deceleration lane on North Main Street, design an in industrial waste disposal system to handle fuel spills on the apron, and reprint al services connection with additional sets of revised plans and specifications; that Carter & Burgess proposes to the design of site do all of the design and redesign work for an additional fee of $45,571.49; and improvements for recommending that the City Council: the Page Avjet facility a t 1. Approve the transfer of $22,000.00 from Airports Construction Fund 14, Meacham Airport Project No. 043999, Preliminary Expense to Fund 24, Project No. 043807, Engineering to fund additional Engineering costs for the Page Avjet Project at Fort Worth Meacham Airport. 2. Authorize the City Manager to execute an amendment to City Secretary Contract No. 17773 with Carter & Burgess, Inc., for additional services in connection with the design of site improvements for the Page Avjet facility at Meacham Airport, increasing the consultant's fee by $45,571.49 from $151,000.00 to $196,571.49. Council Member Meadows advised the City Council of a conflict of interest involving Carter & Burgess, Inc., and requested that the City Council permit him to abstain from voting on Mayor and Council Communication No. C-12455. Mayor Pro tempore Gilley made a motion, seconded by Council Member Webber, to permit Council Member Meadows to abstain from voting on Mayor and Council Communication No. C-12455 involving Carter & Burgess, Inc. 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 Zapata, that the recommendations, as contained in Mayor and Council Communication No. C-12455, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, McCray, and Webber NOES: None ABSENT: Council Members Granger and Chappell NOT VOTING: Council Member Meadows M&C C-12456 re There was presented Mayor and Council Communication No. C-12456 from the City approved change Manager, as follows: order No. 31 to T.L. James & SUBJECT: ALLIANCE AIRPORT, PHASE II - CHANGE ORDER NO. 31 (T.L. JAMES & Company's contract COMPANY) for the construct- ion of Alliance RECOMMENDATION: Airport, Phase II It is recommended that the City Manager be authorized to execute Change Order No. 31 to T.L. James & Company's contract for the construction of Alliance Airport, Phase II improvements in the amount of $28,192.92, increasing the total contract amount to $23,900,740.83. RACKGRnl1ND: On October 25, 1988 (M&C C-11265), the City Council awarded a construction contract to T.L. James & Company for Phase II paving, lighting, and drainage improvements at Alliance Airport in the amount of $19,820,408.70. This contract has been subsequently amended by Change Orders 1 through 30 so that it currently stands at $23,872,547.91. PROPOSED CHANGE ORDER NO. 31: In order to meet the established opening date for the airport, it was necessary to interrupt the construction operation so that flight checks could be completed. This action resulted in a work claim from the contractor in the amount of $16,912.00. In addition, some airfield striping, done to meet the deadline, had to be removed and replaced in the amount of $3,731.76. During the construction of the asphalt shoulders, it was decided to use additional asphalt content in order to reduce the oxidation rate and extend the life of the asphalt. Although the contractor honored the established unit price for the shoulders, he did make a claim for the extra material cost in liquid asphalt. This claim was negotiated to the amount of $5,288.00 which the city feels is fair and reasonable. The City's Construction Engineer also directed the contractor to perform extra work for drainage at the temporary F.A.A. Tower in the amount of $750.00, borders on the threshold bar in the amount of $870.00, a temporary gravel driveway to the vault building in the amount of $485.76, and extra work on fence and gate signage at $155.40. The sum total of all of these extra work items amounts to $28,192.92. Minutes of City Council P-3 Page 469 470 M&C C-12456 cont. re approved change Order No. 31 to T.L. James & Company's contract for the cons ruct- ion of Alliance Airport, Phase II IM&C C-12456 adopted M&C C-12457 re amendment with Turner Collie & Braden, Inc. for additional service with the environ- mental assessment of highway improve ments of IH -35W from State High- way 170 to IH 820 M&C C-12457 adopted M&C C-12458 re amendment with Teague, Nail, and Perkins, Inc. to perform additional engineering servic for the reconstruc tion of Trinity Blvd from State Highway 360 to 1.2 miles east M&C C-12459 r authorized INter local Cooperation Agreement with Denton County for the construction of a temporary ,access road t Eagle Parkway west of IH 35W TUESDAY. AUGUST 7. 1990 PROJECT COST: Original Contract Amount: Approved Change Orders 1-30: Proposed Change Order No. 31: $19,820,408.70 4,052,139.21 28,192.92 Proposed Contract Amount: $23,900,740.83 Approval of Proposed Change Order No. 31, along with previously approved Change Orders, will result in a 20.59 percent increase in the original contract amount. FINANCING: There are sufficient funds in Federal Grant Account 76, Project No. 218603-04, Alliance Airport, Phase III Construction, to finance this Change Order. Index Code 400481 will be used to control expenditures. It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-12456, be adopted. There was presented Mayor and Council Communication No. C-12457 from the City Manager stating that the City Manager was authorized by City Council on March 1, 1988, by Mayor and Council Communication No. C-10822 to execute a contract with the consulting firm of Turner Collie & Braden, Inc., to undertake an environmental assessment of proposed highway related improvements along IH -35W from State Highway 170 to North Loop 820; that the study was to be based on traffic projections and other criteria furnished by the State Department of Highways and Public Transportation; that, subsequently, the State Department of Highways and Public Transportation modified its criteria and TCB's contract was amended to reflect the new requirements; that the SDHPT has advised the City that a detailed noise wall analysis and a wetlands analysis are now required by the Federal Highway Administration; that TCB proposes to undertake the tasks for an additional fee of $34,114.00, bringing the total lump -sum fee to $106,337.35; and recommending that the City Council: 1. Authorize the City Manager to approve the following bond fund transfer: FROM TO AMOUNT PURPOSE 90-037901-00 90-136064-00 $34,114.00 To provide funds Development IH -35W Corridor for consultant's Adjacent to Parks Environmental fees. Study - Unit I 2. Authorize the City Manager to execute an amendment to City Secretary Contract No. 16297 with Turner Collie & Braden, Inc., for additional services in connection with the environmental assessment of highway improvements on IH -35W from SH 170 to IH 820, increasing the consultant's fee by $34,114.00 from $72,223.35 to $106,337.35. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. C-12458 from the City Manager stating that a contract with Teague, Nall, and Perkins was authorized by City Council on April 11, 1989, by Mayor and Council Communication No. C-11586 for design of the reconstruction of Trinity Boulevard east of State Highway 360 for an amount of $77,239.00; that the existing concrete payment had deteriorated and requires a high slevel of maintenance; that subsequent testing revealed more extensive base failures than had been anticipated, and on December 12, 1989, by Mayor and Council Communication No. C-12032 the Council approved an amendment to the design contract increasing the fee by $13,200.00; that, during discussions with Centreport Development Corporation concerning improvements to Trinity Boulevard, it was decided that it would be proper for the consultant to revise the proposed plans by reducing the width of Trinity Boulevard by one foot and providing the necessary curb data and elevation control to support this requirement; that Teague, Nall, and Perkins was also requested to prepare the construction phasing and traffic control plan for the State Department of Highways and Public Transportation to meet Texas Metropolitan requirements, and provide drawings for use by the City to secure construction easements; that Teague, Nall, and Perkins has proposed a fee increase of $7,705.00 to compensate for the additional engineering services; stating that funds are available in Street Improvements Fund 67, Project No. 023207-00, Index Code 630202; and recommending that the City Manager be authorized to execute an amendment to City Secretary Contract No. 17076 with Teague, Nall, and Perkins, Inc., to perform additional engineering services for the reconstruction of Trinity Boulevard from State Highway 360 to 1.2 miles east, increasing the fee by $7,705.00. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. C-12459 from the City Manager, as follows: SUBJECT: INTERLOCAL AGREEMENT FOR CONSTRUCTION OF ACCESS ROAD AT EAGLE PARKWAY (DENTON COUNTY) Minutes of City Council P-3 Page 470 M&C C-12459 cont. re authorized Interlocal Coopera tion Agreement w! i t Denton County for the construction o a temporary access road to Eagie Park way west of IH 35W RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Interlocal Cooperation Agreement with Denton County for the construction of a temporary access road at Eagle Parkway west of IH 35W. RA('KMIINn On August 8, 1989 (M&C G-8156), the City Council accepted the State Highway and Public Transportation Commission's Minute Order No. 89068 under which the State Highway Department would fund and construct the Eagle Parkway/IH 35W interchange, ramps, frontage roads and appurtenances. One feature of this project is that the Peterson Lane overpass, which connects properties of common ownership east and west of IH 35W, will be demolished and that its access road west of IH 35W be realigned. The realigned roadway, to be constructed on City right-of-way, is required to maintain access to property west of IH -35W. The construction of the roadway is the City's responsibility whereas the construction of the interchange and appurtenances is the State's responsibility. 1-111KO 1RUSISPa The realigned access road is a temporary facility, to be replaced by a permanent thoroughfare network when warranted by development. The road is designed to minimum standards, i.e., base course (crushed stone) material rolled in place with minimal drainage facilities. Commissioner Lee Walker of Denton County has offered to assist the City in constructing the road by providing the labor, fuel and equipment if the City would provide the material and stake the route. The City's expense would be about $25,000 for approximately 2800 tons of base course material plus miscellaneous other materials. The construction of the road can be achieved as a cooperative effort between the City and Denton County upon the execution of an Interlocal Cooperation Agreement (copy attached). FINANCING: 47-1 M&C C-12461 re Sufficient funds are available in General Fund 01 Transportation and Public No. Works operating budget, Account No. 20-80-01 to finance this expenditure. M &C C-12459 It was the consensus of the City Council that the recommendation, as contained in Mayor adopted and Council Communication No. C-12459, be adopted. M&C C-12460 re There was presented Mayor and Council Communication No. C-12460 from the City agreement with Manager stating that construction of BEP's Western Currency Plant included -U.S. Department approximately 450 feet of 60 -inch storm drain culvert from the south side of the plant of the Treasury's premises toward Harmon Road; that it was intended that the culvert would be extended Bureau of Engrav- another 350 feet to the Harmon Road right-of-way and, thence, west on Harmon Road to ing and Printing Big Fossil Creek as part of the reconstruction of Harmon Road between FM 156 and to provide for the US 287; that BEP has agreed to pay for the entire estimated cost of extending the extension of a proposed culvert to Harmon Road and for the incremental cost of enlarging the Harmon storm drain culverI Road drainage system to accommodate the discharge from the extended culvert; that the from BEP's Western estimated cost of these improvements is $102,111.00; and recommending that the City Currency Plant to Council authorize the City Manager to execute an agreement with U.S. Department of Big Fossil Creek Treasury's Bureau of Engraving and Printing to provide for the extension of a storm Airport drain culvert from BEP's Western Currency Plant to Big Fossil Creek and authorize the Page acceptance of $102,111.00 from BEP to cover BEP's share of the cost of the above culvert extension. It was the consensus of the City Council that the recommendations project with revised be adopted. M&C C-12461 re There was presented Mayor and Council Communication No. C-12461 from the City rejected single Manager, as follows: bid received for construction of SUBJECT: REJECTION OF BIDS - MEACHAM AIRPORT/PAGE AVJET SITE IMPROVEMENTS apron, taxiway, an site improvements RECOMMENDATION: for Page Avjet hanger at Meacham It is recommended that the City Council reject the single bid received for Airport Construction of Apron, Taxiway and Site Improvements for Page Avjet Hangar at Meacham Airport, and authorize readvertisement of the project with revised plans and specifications. RACKnmINTI On February 28, 1990, the City Council entered into an agreement (City Secretary Contract No. 17700 authorized by M&C C-12194 dated February 27, 1990) with the Page Avjet Corporation regarding Page Avjet's construction of an aircraft maintenance hangar at Meacham Airport. The terms of the agreement require that the City design and construct the necessary site improvements to accommodate the new hangar. On April 3, 1990 (M&C C-12255), the City Council authorized the City Manager to execute a contract with Carter & Burgess, Inc. to design the site improvements at a lump sum fee of $151,000.00. Minutes of City Council P-3 Page 471 4 ., rL TUESDAY, AUGUST 7, 1990 M&C C-12461 cont. DISCUSSION• re rejected sings bid received Plans and specifications for the site improvements were completed in a timely for construction manner and the project was advertised for bids in the Fort Worth Commercial of apron, taxiway, Recorder on June 21 and 28, 1990. A prebid conference was held on July 3, and site improve- 1990. Bids were opened on July 12, 1990. One bid, from Architectural ments for Page Avjet hangar at Utilities, Inc. (AUI), was received. AUI's bid was as follows: Meacham Airport Base Bid (completion in 120 days) $3,410,612.20 Alternate No. 1 (completion in 96 days) $3,610,612.20 Alternate No. 2 (completion in 72 days) $3,850,612.20 AUI's base bid was 20 percent higher than the engineer's estimate (including 5 percent contingency) of $2,854,265.00. A follow-up discussion of prospective contractors was held to ascertain why there was only one bid. These discussions revealed that many local contractors were preoccupied with a State Highway Department bid opening the same day for SH 170, contractors were concerned about possible future liability relating to preexisting fuel and hazardous material soil contamination, and the bidding schedule included too many specialty items (fire protection system, pump house, water storage tanks, piping, etc.) in addition to the usual public works (grading, drainage and paving) items. Staff is convinced that greater competition and more favorable bids can be realized if the plans and specifications are revised to remedy the above contractor's concerns, assuming the project is readvertised. PROJECT FINANCING: M&C C-12464 re There was presented Mayor and Council Communication No. C-12464 from the City authorized lease Manager stating that Educational Systems of Texas, Inc., provides instruction in with Educational English to non-English speaking individuals; that Mr. Paul R. Pettit, Director, feels Systems of Texas, that these services could be utilized by the students at Meacham Airport and other Inc. for office individuals in the area; that Educational Systems of Texas, Inc., seeks to lease 802 space square feet of office space on the first floor of the Meacham Airport Terminal Building in which to provide these services; that the term of the lease will begin August 1, 1990, and end on July 31, 1991, with the lessee having the right to cancel the lease upon 30 days notice; that the total annual revenue will be $9,880.64; and recommending that the City Manager be authorized to execute a lease with Educational Systems of Texas, Inc., for office space on the first floor of the Meacham Airport Terminal Building. It was the consensus of the City Council that the recommendation be adopted. M&C C-12465 re There was presented Mayor and Council Communication No. C-12465 from the City amendment to a Manager stating that the City Council approved a Community Facilities Agreement on Construction February 9, 1988, by Mayor and Council Communication No. C-10792 with Perot Investment Management Agree- Partners Limited for the construction of a portion of the South Airport Access Road me n t with the (Heritage Parkway) and the upgrading of Keller -Haslet Road between Heritage Parkway and State Department I -35W; that the City Council approved a Construction Management Agreement with the of Highways and State Department of Highways and Public Transportation on February 21, 1989, by Mayor Public Tr anspor ta- and Council Communication No. C-11462 providing for the construction of improvements at tion Keller -Haslet Road within the State owned right-of-way of IH -35W; that SDHPT staff estimated that the necessary improvements would cost approximately $59,000.00; that the Construction Management Agreement provided that upon completion of the work, a final accounting would be conducted and the SDHPT's services cost would be determined and a final adjustment to the agreement made; that staff was notified that additional costs in the amount of $19,585.79 were due from the City of Fort Worth; and recommending that the City Council: Minutes of City Council P-3 Page 472 No funding is required at this time. Funding will be required upon the City Council's award of contracts on the readvertised project. M&C C-12461 It was the consensus of the City Council that the recommendation, as contained in Mayor adopted and Council Communication No. C-12461, be adopted. M&C C-12462 re There was presented Mayor and Council Communication No. C-12462 from the City approved iease Manager stating that, under City Secretary Contract No. 17799, Richard Trawick leases with Richard Trdw- 127 square feet of office space located on the second floor of the Meacham Airport ick .-an,;indiai;dual ., Terminal Building; that Mr. Trawick seeks to lease an additional 113 square feet of for -,113 -.-Square feet second floor office space in the Meacham Airport Terminal Building; that the term of e€ Office.space the lease will begin August 1, 1990, and end July 31, 1991; that the total annual o n:,the.sec and flop revenue is $1,055.42; and recommending that the City Manager be authorized to execute a of the Meacham new lease with Richard Trawick, an individual, for 113 square feet of office space on Airport Terminal the second floor of the Meacham Airport Terminal Building. It was the consensus of the Building City Council that the recommendation be adopted. M&C C-12463 re There was presented Mayor and Council Communication No. C-12463 from the City authorized lease Manager stating that Laurent and Bobbie Jo Jacquelin, as individuals, and Pegasus with Laurent and Flight Center, Inc., leases office and classroom area in the Meacham Airport Terminal Bobbie Jo Jacquelii Building; that they now seek to lease the area formerly occupied by Exec Express, Inc., as individuals, on the second floor of the Meacham Airport Terminal; that the total annual cost will be and Pegasus Flight $27,236.26; and recommending that the City Manager be authorized to approve a new lease Center, Inc. for with Laurent and Bobbie Jo Jacquelin, as individuals, and Pegasus Flight Center, Inc., Office space for office space located on the second floor of the Meacham Airport Terminal Building. It was the consensus of the City Council that the recommendation be adopted. M&C C-12464 re There was presented Mayor and Council Communication No. C-12464 from the City authorized lease Manager stating that Educational Systems of Texas, Inc., provides instruction in with Educational English to non-English speaking individuals; that Mr. Paul R. Pettit, Director, feels Systems of Texas, that these services could be utilized by the students at Meacham Airport and other Inc. for office individuals in the area; that Educational Systems of Texas, Inc., seeks to lease 802 space square feet of office space on the first floor of the Meacham Airport Terminal Building in which to provide these services; that the term of the lease will begin August 1, 1990, and end on July 31, 1991, with the lessee having the right to cancel the lease upon 30 days notice; that the total annual revenue will be $9,880.64; and recommending that the City Manager be authorized to execute a lease with Educational Systems of Texas, Inc., for office space on the first floor of the Meacham Airport Terminal Building. It was the consensus of the City Council that the recommendation be adopted. M&C C-12465 re There was presented Mayor and Council Communication No. C-12465 from the City amendment to a Manager stating that the City Council approved a Community Facilities Agreement on Construction February 9, 1988, by Mayor and Council Communication No. C-10792 with Perot Investment Management Agree- Partners Limited for the construction of a portion of the South Airport Access Road me n t with the (Heritage Parkway) and the upgrading of Keller -Haslet Road between Heritage Parkway and State Department I -35W; that the City Council approved a Construction Management Agreement with the of Highways and State Department of Highways and Public Transportation on February 21, 1989, by Mayor Public Tr anspor ta- and Council Communication No. C-11462 providing for the construction of improvements at tion Keller -Haslet Road within the State owned right-of-way of IH -35W; that SDHPT staff estimated that the necessary improvements would cost approximately $59,000.00; that the Construction Management Agreement provided that upon completion of the work, a final accounting would be conducted and the SDHPT's services cost would be determined and a final adjustment to the agreement made; that staff was notified that additional costs in the amount of $19,585.79 were due from the City of Fort Worth; and recommending that the City Council: Minutes of City Council P-3 Page 472 &C C-12465 cont. mendments to a onstruction anagement Agree- ent with the State epartment of ighways and Public ransportation &C C-12466 re pproved change rder No. 2 for onstruction of liiance Airport erimeter Road with .L. James & Compan nc. &C C-124616 adopted &C C-1.2467 re uthorized contract ith Hall -Albert onstruction for onstruction of arine Park/Lee venue detention onds s 473 TUESDAY, AUGUST 7, 1990 1. - Approve the following bond fund transfer: FROM TO AMOUNT REASON 90-037901-00 90-136060-00 $19,585.79 To provide additional Development Northport funds for construc- Adjacent to City Addition tion. Parks Unspecified 2. Authorize the City Manager to execute an amendment to a Construction Management Agreement with the State Department of Highways and Public Transportation (SDHPT) increasing the City of Fort Worth share of construction costs for improvements on I -35W at Keller -Haslet interchange by $19,585.79. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. C-12466 from the City Manager, as follows: SUBJECT: ALLIANCE AIRPORT, PHASE IV - PERIMETER ROAD, CHANGE ORDER NO. 2 (T.L. JAMES & COMPANY) RECOMMENDATION: It is recommended that the City Manager be authorized to execute Change Order No. 2 to City Secretary Contract No. 17539 for the construction of Alliance Airport Perimeter Road with T.L. James & Company, Inc. in the amount of $5,591.00, thereby increasing the contract amount to $1,191,395.51. RnrvnPni INn On November 21, 1989 (M&C C-12005), the City Council approved a contract with T.L. James & Company, Inc. for a perimeter road at Alliance Airport at a cost of $1,182,813.96. The contract included the placement of rock riprap at a weir on Henrietta Creek, however, an insufficient supply of suitable rock, necessitated an amendment (Change Order No. 1 authorized by M&C C-12292 on April 24, 1990) to provide for concrete riprap in lieu of rock riprap, which increased the contract from $1,182.813.96 to $1,185,804.51. PROPOSED CHANGE ORDER NO. 2: During Phase I construction, a stormwater retention pond was constructed to catch the potentially contaminated runoff. However, no provisions were made for all-weather access to the pond and as a result mud has been carried onto the apron area. An all-weather driveway is proposed to access the detention pond. T.L. James & Company has offered to construct the access driveway for $5,591.00. Staff has reviewed this request and feels the price is fair and reasonable for the work to be done. PROJECT COST DATA: Original Contract Amount: Approved Change Order No. 1: Proposed Change Order No. 2: Proposed New Contract Total $1,182,813.96 2,990.55 5,591.00 $1,191,395.51 Approval of proposed Change Order No. 2, along with previously approved Change Order No. 1, will result in 0.7% increase in the original contract amount. FINANCING: Funds are available in Grant Account 76-218603-04, Alliance Airport, Phase III to fund this Change Order. Index Code 400481 will be used to control expenditures. - It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-12466, be adopted. There was presented Mayor and Council Communication No. C-12467 from the City Manager submitting a tabulation of bids received for construction of Marine Park/Lee Avenue Detention Ponds; and recommending that the City Council authorize the City Manager to: 1. Approve the following bond fund transfer: FROM TO AMOUNT REASON 67-035901-00 67-028864-00 $216,677.12 To provide funds Misc. Streets Marine Park/ for construction and Drainage Lee Avenue plus change or - Unspecified Detention Ponds ders Minutes of City Council P-3 Page 473 4"71 MYC C-12467 c )nt. re authroized contract with Hall Albert Constrictio M&C C-12467 aiopte M&C C-12468 re approved change order No. 1 with L.D. Conatser Contractors f )r construction of sanitary sewer Main M-73 replace- ment and drainage area improvements &C C-12468 dopted &C C-12469 re pproved change rder 'io. 8 with artin K. Eby onstruction Co., nc. for construct f village Creek astewater Treat- ent Piant, Sludge anagement Project hase I -B-2. igesters and hickeners TUESDAY. AUGUST 7. 1990 2. Execute a contract with the firm of Hall -Albert Construction for construction of Marine Park/Lee Avenue detention ponds, based on its lowest responsive bid of $488,928.95. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. C-12468 from the City Manager, as follows: SUBJECT: PROPOSED CHANGE ORDER NO. 1 TO SANITARY SEWER MAIN M-73 REPLACEMENT AND DRAINAGE AREA IMPROVEMENTS (L.D. CONATSER CONTRACTORS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize a fund transfer in the amount of $20,000 from Sewer Capital Improvement Fund 46, Project No. 013901-00, Unspecified to Sewer Capital Improvement Fund 46, Project No. 017001-00, M-73 Replacement; and 2. Authorize Change Order No. 1 in the amount of $20,000 to the contract for construction of the Sanitary Sewer Main M-73 Replacement and Drainage Area Improvements, revising the total contract cost to $1,948,500. PRn.lFCT NO-! 53-017081-00 (46-017001-00) RACKGMIND On March 20, 1990 (M&C C-12239), the City Council authorized the award of a contract to L. D. Conatser Contractors for construction of the Sanitary Sewer Main M-73 Replacement and Drainage Area Improvements. PROPOSED CHANGE ORDER: During construction, it was discovered that the bid item for additional depth of 48 -inch standard manhole was listed at 36 vertical feet. Actual field measurements determined that the bid item should contain 236 vertical feet. The proposed change is as follows: Add 200 V.F. additional depth of 48 -inch standard manhole @ $100.00/V.F. $20,000.00 The net effect of the proposed change order is as follows: Original Contract Cost $1,928,500.00 Proposed Change Order No. 1 $ 20,000.00 Revised Contract Cost $1,948,500.00 The contractor, L. D. Conatser Contractors, will perform this additional work for $20,000. The staff engineers of the Water Department have reviewed the proposed charge and found it reasonable for similar work. FINANCING: Sufficient funds are available to transfer from Sewer Capital Improvement Fund 46, Project No. 013901-00, Unspecified. Upon approval and completion of Recommendation No. 1 in the amount of $20,000.00, sufficient funds will be available in Sewer Capital Improvement Fund 46, Project No. 017001-00, M-73 Replacement. Expenditures will be made from Index Code 665562. It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12468, be adopted. There was presented Mayor and Council Communication No. C-12469 from the City Manager, as follows: SUBJECT: PROPOSED CHANGE ORDER NO. 8 TO VILLAGE CREEK WASTEWATER TREATMENT PLANT, SLUDGE MANAGEMENT PROJECT, PHASE 1-B-2, DIGESTERS AND n THICKENERS (MARTIN K. EBY CONSTRUCTION CO., INC.) RECOMMENDATION: It is recommended that the City Council: 1. Authorize a transfer of funds in the amount of $31,492 from Sewer Capital Improvement (Bond) Fund 54, Project No. 014901-00, Unspecified to Grant Fund 76, Project No. 214698-04, Village Creek Sludge Management Project, Phase 1-B-2, Digesters and Thickeners; and Minutes of City Council P-3 Page 474 4 .7 J TUESDAY, AUGUST 7, 1990 &C C-12469 cont. 2. Authorize Change Order No. 8 in the amount of $31,492 to the contract e approved contrac for construction of the Village Creek Wastewater Treatment Plant, Sludge ith Martin K. Eby Management Project, Phase 1-B-2, Digesters and Thickeners, revising the onstruction Co., total contract cost to $15,020,536.26. nc. PROJECT NO.: 54-016001-00 (76-214698-04) BACKGROUND: On November 22, 1988 (M&C C-11320), the City Council authorized the award of a contract to Martin K. Eby Construction Co., Inc., for construction of the Village Creek Wastewater Treatment Plant, Sludge Management Project, Phase 1-B-2, Digesters and Thickeners. PROPOSED CHANGE ORDER: During construction, several changes, modifications and/or deletions were found to be necessary for a complete, operational and functional project. The contractor, Martin K. Eby Construction Co., Inc., will perform this additional work for $31,492. The proposed changes are as follows: 1. Add 1 door and enlarge 3 doors throughout Digesters and DAFT areas @ Lump Sum 2. Add 150 gallons expansion tank in Digester gallery @ Lump Sum 3. Connect 2 12 -inch DS -15 and 1 12 -inch 2W-11 lines to existing Intermediate Pipe @ Lump Sum 4. Provide counters and cabinets in DAFT area laboratory @ Lump Sum 5. Modify Influent Pump Auxillary Control Panel @ Lump Sum 6. Deduct modification of door opening installation to Digester gallery 7. Repair pavement sink hole in Primary area @ Lump Sum 8. Relocate an 8 -inch D.C. Effluent line @ Lump Sum 9. Install Air Release Valve on 24 -inch 3W-11 line @ Lump Sum Total Change Order The net effect of the proposed change order is as follows: $10,000.00 5,436.00 2,095.00 5,430.00 1,522.00 (1,045.00) 3,629.00 2,485.00 $ 1,940.00 $31,492.00 Original Contract Cost $15,250,000.00 Extras to Date $ 186,101.26 Credits to Date $ -447,057.00 Proposed Change Order No. 8 $ 31,492.00 Revised Contract Cost $15,020,536.26 The staff engineers of the Water Department and the Construction Manager (BCFN) have reviewed the proposed charges and found them reasonable for similar work. FINANCING: Sufficient funds are available to transfer from Sewer Capital Improvement (Bond) Fund 54, Project No. 014901-00, Unspecified. Upon approval and completion of Recommendation No. 1 in the amount of $31,492.00, sufficient funds will be available in Grant Fund 76, Project No. 214698-04, Village Creek Sludge Management Project, Phase 1-B-2, Digesters and Thickeners. Expenditures will be made from Account No. 511642. &C C-12469 It was the consensus of the City Council that the recommendations, as contained in do pte d Mayor and Council Communication No. C-12469, be adopted. &C C-12470 re There was presented Mayor and Council Communication No. C-12470 from the City uthorized license Manager stating that the City of Fort Worth and the Blue Raider Athletic Association on greement with February 10, 1961, entered into a lease agreement whereby the association was granted lue Raider use of Water Department property on the Russom Ranch Reservoir site for a ten-year thietic Associat- period; that the City Council authorized a lease for ten years of 11.86 acres of the on reservoir site on February 28, 1971; that on January 11, 1973, the Water Department gave the association permission to use an additional 5.867 acres and advised that the same requirements in City Secretary Contract No. 6748 continued to apply; that the association installed two soccer fields on the north side of the property early in 1980 Minutes of City Council P-3 Page 475 4`76 TUESDAY, AUGUST 7, 1990 M&C C-12470 cont. which the Water Department authorized the association to use; that the president of the re authroized association requested the City to prepare a new lease for ten years, beginning license agreement September 1, 1980, and ending August 31, 1990; that a new agreement redefining the with Blue Raider rights privileges, duties and responsibilities of the respective parties and expiring Athletic Assocatio August 31, 2000, is proposed for a $1.00 per year fee; and recommending that the City Manager be authorized to execute a license agreement with the Blue Raider Athletic Association. It was the consensus of the City Council that the recommendation be adopted. M&C C-12471 re There was presented Mayor and Council Communication No. C-12471 from the City authorized lease Manager stating that the City Council authorized the City Manager to negotiate a with NCNB Texas contract with the Texas Department of Commerce on May 8, 1990, by Mayor and Council National Bank for Communication No. C-12313 for implementation of a JTPA Title III Dislocated Workers 10,812 square foot Program for Program Year 1990 for an amount of $1,116,419.00; that implementation office space requires rental of additional space, since the current space available to the prevailed unanimously. Department of Employment and Training is not sufficient due to the large number of improvements in laid -off workers seeking assistance; that, in compliance with Federal and State tempore Gilley made regulations, City staff conducted a survey of the cost of comparable office space the recommendation, as contained in Mayor within a reasonable proximity of the location for which authorization is being C-12471, be requested; that the "As Is" rate for equivalent space ranges from $9.50 to $14.00 per the motion was put to square foot; that the facility will provide adequate office space for Employment and the following Training Department staff and sub -contractors' staffs, as well as classroom space for participants' activities; that the building has parking for approximately 40 automobiles plus on -street parking and is also "handicapped accessible" with respect to designated parking spaces, entrances, elevators, and bathrooms; and recommending that the City Manager be authorized to negotiate a lease with the NCNB Texas National Bank for the 10,812 square foot office space located on the 2nd and 3rd floors of 6750 Locke Street with the lease to become effective August 13, 1990, and end June 30, 1993, with a lease rate for the first six months of $11.00 per square foot; and for the next six months $10.00 per square foot, effective August 13, 1991, the rate will be $9.00 per square foot for the remainder of the agreement. Council Member Garrison advised the City Council that he would abstain from voting on Mayor and Council Communication No. C-12471 because of a debtor/creditor relationship with NCNB Bank. Council Member Webber requested permission of the City Council to abstain from voting on Mayor and Council Communication No. C-12471. Mayor Pro tempore Gilley made a motion, seconded by Council Member Meadows, that Council Member Webber be permitted to abstain from voting on Mayor and Council Communication No. C-12471. When the motion was put to a vote by the Mayor, it prevailed unanimously. that the City Manager was authorized on April 24, 1990, by Mayor and Council improvements in Mayor Pro tempore Gilley made a motion, seconded by Council Member Zapata, that the recommendation, as contained in Mayor and Council Communication No. C-12471, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: landings; that, to insure these structures would endure flooding of the river, bank AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, McCray, and Meadows NOES: None ABSENT: Council Members Granger and Chappell NOT VOTING: Council Members Garrison and Webber M&C C-12472 re There was presented Mayor and Council Communication No. C-12472 from the City authorized amend- Manager stating that the City Council authorized the City Manager to execute a contract went with Carter with Carter and Burgess, Inc., on March 28, 1989, by Mayor and Council Communication and Burgess, Inc. No. C-11518 for design of Phase II Improvements in Gateway Park; that the scope of for addional work design services included plans and specifications for roadways, parking lots, trails, related to the picnic pavilions, river access points, supportive utilities, and drainage structures; design of park that the City Manager was authorized on April 24, 1990, by Mayor and Council improvements in Communication No. C-12286 to execute a contract with Steele -Freeman, Inc., for Gateway Park construction and installation of park improvements in Gateway Park in the amount of $2,208,570.17; that, as a portion of Carter and Burgess' design contract and Steele -Freeman's construction contract, the river access points were to be developed in this phase of improvements; that, due to steep slopes along the river channel and the State handicap requirements, the design included numerous ramps, switchbacks, and landings; that, to insure these structures would endure flooding of the river, bank stabilization was designed, based upon a timber piling foundation; that, after the floods of May 1990, the northernmost river access location was eroded to the point that the prepared construction plans are not applicable; that, due to the loss of river bank, it is necessary to redesign this facility roughly 400 feet upstream; that the proposal to amend the design contract covers the development of concept plans indicating new location and layout of the north river access point, park pavilion, and pedestrian usage; detailed topographical survey of new locations and related control information; geotechnical studies of the alternate site; and formulation of construction plans, specifications, and documents for relocated facilities; and recommending that the City Manager be authorized to amend City Secretary Contract No. 17030 with Carter and Burgess, Inc., increasing the contract price by $35,800.00 for additional work related to the design of park improvements in Gateway Park. Minutes of City Council P-3 Page 476 MMC C-12472 cont. re amendment Contract with Cart and burgess, Inc. for additional work related to the design of park imprvements in Gateway Park 4 Jy r Council Member Meadows requested permission of the City Council to abstain from voting on Mayor and Council Communication No. C-12472 involving Carter & Burgess. Mayor Pro tempore Gilley made a motion, seconded by Council Member Zapata, that Council Member Meadows be permitted to abstain from voting on Mayor and Council Communication No. C-12472 involving Carter & Burgess, Inc. 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 Zapata, that the recommendation, as contained in Mayor and Council Communication No. C-12472, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, McCray, and Webber NOES: None ABSENT: Council Members Granger and Chappell NOT VOTING: Council Member Meadows M&C C-12473 re There was presented Mayor and Council Communication No. C-12473 from the City authorized cooper- Manager, as follows: ati on asgreeerant with the Texas SUBJECT: COOPERATION AGREEMENT BETWEEN CITY AND TEXAS COLLEGE OF OSTEOPATHIC College of MEDICINE FOR PUBLIC HEALTH/PREVENTIVE MEDICINE RESIDENCY PROGRAM Osteopathic Medici e RECOMMENDATION: It is recommended that the City of Fort Worth enter into a cooperation agreement with the Texas College of Osteopathic Medicine (TCOM). The agreement is a contractual arrangement authorizing the College -affiliated public health/preventive medicine program to work together with the City of Fort Worth Public Health Department in providing some of the TCOM residents' training and clinical experiences at the City clinics. DISCUSSION: Texas College of Osteopathic Medicine became a fully accredited, state -funded college of Osteopathic Medicine in 1975. TCOM's Department of Public Health and Preventive Medicine will begin this year to offer a full, two year residency program in public health. The residents accepted into the TCOM public health program will be licensed physicians. This program is designed to prepare the resident to be a competent Osteopathic practitioner of public health who will be fully prepared to provide quality health care for his/her patients. The public health residency curriculum will provide experience throughout the two years in outpatient care, health care administration and the basic science of preventive medicine. This cooperation agreement would enhance college resident education and provide residents training in public health at City clinics. The City would receive enhanced patient care without any payments to TCOM or its residents for services rendered. Residents in their first year of training would work monthly rotations of up to six hours per day in the Outpatient Services at the City Public Health Department. The City Public Health Department can benefit from the clinical experiences and performance of services by the TCOM residents. All residents will be supervised by a qualified doctor of osteopathic medicine from TCOM and also a qualified doctor or preceptor from the City at the City Public Health Department. The areas of rotation may include: Communicable Diseases/Community Epidemiology, Antepartum and Pediatric Clinics, Sexually Transmitted Disease Clinics. Tuberculosis and Hansen's Disease Clinics, Human Immunodeficiency Virus (HIV) Preventive Medicine Clinics, Immunization, Dental Clinics, Environmental Health. There is no indemnification language contained in the proposed agreement. Each party to the agreement will be responsible for its own negligence. All residents will be required to have and maintain, during their public health residency, malpractice insurance coverage in the amount of $250,000 for each person and $500,000 for each single occurrence of bodily injury or death. The term of the contract is for one year and thereafter from year to year unless terminated by either party. FUNDING: Expenditure of City funds is not a requirement for the execution of this agreement. Any future financial requirements of this agreement will be presented for City Council approval. Minutes of City Council P-3 Page 477 4'78 TUESDAY, AUGUST 7, 1990 M&CC-12473 cont. agreement with It was the consensus of the City Council that the recommendation, as contained in Mayor Texas College of and Council Communication No. C-12473, be adopted. Osteopathic Mediciie M&C FP -2714 re There was presented Mayor and Council Communication No. FP -2714 from the City accepted as Manager stating that Camp Bowie Boulevard storm drain improvements from Montgomery to complete Camp Arch Adams have been completed in accordance with plans and specifications under Bowie Biv d storm Contract No. 17408 awarded to Architectural Utilities, Inc., on September 19, 1989; and drain improvements recommending that the City Council accept as complete Camp Bowie Boulevard storm drain form Montgomery to improvements from Montgomery to Arch Adams and authorize final payment in the amount of Arch Adams to $13,818.21 to Architectural Utilities, Inc., with funds available in Street Architectural Improvements Fund 30, Retainage Account No. 205-017408 and Contract Encumbrance Utilities, Inc. No. 17408A. It was the consensus of the City Council that the recommendation be adopted. M&C FP -2715 re accepted as comple a There was presented Mayor and Council Communication No. FP -2715 from the City construction of Manager stating that Rolling Hills Park street light improvements have been completed Rolling Hills Park in accordance with plans and specifications under Contract No. 17562 awarded to Sun street light im- Electrical Contractors on November 11, 1989; and recommending that the City Council p rove me n is to Sun accept as complete the construction of Rolling Hills Park street light improvements and Electrical Contrac authorize final payment in the amount of $6,200.00 to Sun Electrical Contractors, with tors funds available in Park and Recreation Fund 05, Retainage Account No. 205-017562 and Contract Encumbrance No. 17562A. It was the consensus of the City Council that the recommendation be adopted. Mr. Roger Bryan Mr. Roger Bryan, 4601 Goldrock Drive, appeared before the City Council and re History Maker expressed concerns regarding the new builder, History Maker Homes, building homes in Homes their area that are priced at a lesser value than what they purchased their homes for, re Dental Health stating that this in turn will make them lose money on their homes if they try to sale Clinic them and requested the builder to build some of the more expensive homes in their area. Ms. Carrie Johnson Ms. Carrie Johnson, 4600 Feathercrest, appeared before the City Council regarding re History Maker the quality of the homes provided, by the History Make Builders and stated that the Homes value of their property would drop if this builder is allowed to build the less re Dental Health expensive homes in their area. Mrs. Victoria Bryan Mrs. Victoria Bryan, 4601 Goldrock, Treasurer of the Summerfields Tax Payers re deed restrict- Association, appeared before the City Council and advised the City Council that the ion on her propert builder stated to her that the deed of restrictions that they signed have been made null and void and inquired whether or not History Maker Homes had this right to void their deed restrictions. Mayor Bolen requested that Mrs. Bryan provide the City Council with a copy so that the City Attorney can review the document. Mr. Earl Jackson Mr. Earl Jackson, 7400 Blackthorn, appeared before the City Council and advised re History Maker the City Council that all of the citizens currently living in the Summerfield area Homes will, in his opinion, lose and that no one will profit from History Maker Homes placing their homes in this area.. Mr. Ruben Vallejo Mr. Ruben Vallejo, 7305 Robinhood Lane, President of the United Hispanic Council, re reduction in appeared before the City Council and expressed concerns regarding the impact on the force by the City community from a reduction in force by the City. of Fort Worth Mr. Eloy Sepulveda Mr. ELoy Sepulveda, 201 East Belknap, appeared before the City Council on behalf re United Hispanic of the United Hispanic Council and expressed concerns in regard to the low level of Council positions filled by Hispanics and his concerns for a reduction in any of the upper level management positions held by a Hispanic individual; requested that the City of Fort Worth's Lay -Off Policy be adhered to; and requested a list of the proposed positions that are involved in the lay-off. City Manager Ivory advised Mr. Sepulveda that the list will be available to his organization as soon as the City Council receives the correspondence. Ms. Barbara Wright Ms. Barbara Wright, 2508 Shadybrook Drive, Bedford, Texas, appeared before the re Dental Health City Council and requested that the City of Fort Worth maintain its dental clinic and Clinic presented correspondence to the City Council from citizens of the T.E.E.T.H. Coalition urging the City Council to find an alternative way of saving cost without the cancellation of the dental program. Ms. Doreen Jannott Ms. Doreen Jannotta, 3309 Paint Brush, Bedford, Texas, appeared before the City re Dental Health Council and advised the City Council that the closing of the dental clinic is a moral Clinic I issue and that other alternatives should be considered. Mr. Mike Anderson re The Reverend Otweil and Health Code violations Mr. Pat Taylor re Old Public Library Adjourned Mr. Mike Anderson, Post Office Box 15730, appeared before the City Council regarding Health Code violations and the alleged persecution and prosecution of The Reverend Otwell in feeding the homeless. Mr. Pat Taylor, 614 Monticello Drive, appeared before the City Council regarding the preservation of the old public library. There being no further business, the meet Minutes of City Council P-3 Page 478