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HomeMy WebLinkAbout1990/09/11-Minutes-City CouncilCITY COUNCIL MEETING SEPTEMBER 11, 1990 Council met On the 11th day of September, A.D., 1990, the City Council of the City of Fort Worth, Texas, met in regular session, with the following members and officers present, to -wit: Members Present Mayor Pro tempore Garey W. Gilley; Council Members William N. Garrison, Kay Granger, Eugene McCray, Bill Meadows, and David Chappell; City Manager David Ivory; City Attorney Wade Adkins; City Secretary Ruth Howard; Mayor Bob Bolen and Council Member Louis J. Zapata temporarily absent; Council Member Virginia Nell Webber absent; with a quorum present, at which time the following business was transacted: Invocation 11 The invocation was given by The Reverend B.L. McCormick, Baker Chapel AME Church. Pledge of Allegiancelj The Pledge of Allegiance was recited. Minutes approved for On motion of Council Member Garrison, seconded by Council Member Granger, the Sept. 4, 1990 minutes of the meeting of September 4, 1990, were approved. Constitution !leek It was the consensus of the City Council that the presentation of proclamation for proclamation con- Constitution Week to Mrs. A.D. Hudson, Mrs. R. Brien Koehler, and Mrs. Melba Howell tinued to cater is Randolph, Regents of Six Flags, Fort Worth, and Mary Isham Keith Chapters, Daughters of the agenda the American Revolution, be continued until later in the agenda. P-4459 withdrawn City Manager Ivory requested that Mayor and Council Communication No. P-4459 be from consent agenda withdrawn from the consent agenda. Consent Agenda On motion of Council Member Granger, seconded by Council Member McCray, the Approved consent agenda, as amended, was approved. Council Member Chappell nominated Mr. Michael P. McGartland for membership on the Michael McGartland Youth Commission and made a motion, seconded by Council Member Meadows, that appointed to the Mr. McGartland be appointed to Place 9 on the Youth Commission. When the motion was Youth Coridiission put to a vote by the Mayor Pro tempore, it prevailed unanimously. Daryl Nashington Council Member McCray nominated Mr. Daryl Washington for membership on the Youth appointed to the Commission and made a motion, seconded by Council Member Meadows, that Mr. Washington Youth Commission be appointed to Place 5 on the Youth Commission. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Resolution No. 1665 Council Member Garrison introduced a resolution and made a motion that it be adopted supporting adopted. The motion was seconded by Council Member McCray. The motion, carrying with Dr14 in Expressway it the adoption of said resolution, prevailed by the following vote: studies with Mate AYES: Mayor Pro tempore Gilley; Council Members Garrison, Granger, McCray, Meadows, and Chappell NOES: None ABSENT: Mayor Bolen; Council Members Zapata and Webber The resolution, as adopted, is as follows: Resolution No. 1665 II RESOLUTION NO. 1665 A RESOLUTION SUPPORTING D/FW INTERNATIONAL AIRPORT IN ITS REQUEST TO THE STATE HIGHWAY COMMISSION TO AUTHORIZE THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CONDUCT ALL NECESSARY FEASIBILITY STUDIES RELATING TO THE D/FW EAST -WEST CONNECTOR EXPRESSWAY WHEREAS, the D/FW International Airport is the major traffic generator in the Dallas/Fort Worth metropolitan area; and WHEREAS, the D/FW International Airport is encompassed by the existing heavily congested traffic corridors of SH 114, SH 121, SH 183, SH 360, and with the extension of SH 360 along the western boundary of D/FW International Airport, presently under construction, and the extension of SH 161 along the eastern boundary of the Airport, scheduled for construction in late 1990; and WHEREAS, a major East-West thoroughfare connection through the Airport will not only relieve existing and projected traffic congestion, but also will increase regional mobility within the Mid Cities area to the benefit of the general public; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: The City of Fort Worth supports the D/FW International Airport in its request to the Highway Commission to approve the inclusion of the D/FW connector Expressway in a feasibility study under the direction of the State Department of Highways and Public Transportation; and That D/FW International Airport agrees to pay for the cost associated with the addition of the East-West Connector ExpresswAy—feasibility study; and CGt a4 -Ta ( i Minutes of City Council Q-3 Page 1 TUESDAY, SEPTEMBER 11, 1990 Resolution No. 1665 That if the D/FW East-West Connector Expressway proves feasible, then (Cont.) authorize D/FW International Airport, under the direction of the Engineer -Director of State Department of Highways and Public Transportation, to perform all studies, conduct all public meetings, and develop controlled schematics necessary to complete the Level II -Advanced Planning -segment of the State Department of Highways and Public Transportation's 10 year Project Development Plan. Liability Bond Approv 1 There was presented Mayor and Council Communication No. OCS-174 from the Office of the City Secretary recommending that the City Council authorize the acceptance of liability bonds, as follows: PARKWAY CONTRACTOR'S BONDS INSURANCE COMPANY Reliable Paving and Concrete Ltd. Victore Insurance Company A.A. Striping Co., Inc. Western Surety Company Kenneth Smethers dba KS Construction Co. Western Surety Company It was the consensus of the City Council that the recommendation be adopted. Approval of Damages There was presented Mayor and Council Communication No. OCS-175 from the Office of and/or Injuries Claind the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Risk Management Department, as follows: Cibolo rood Company 1. Claimant: Cibolo Food Company (Michael W. Elliott) Date Received: August 30, 1990 Date of Incident: August 22, 1990 Location of Incident: 5930 Camp Bowie Blvd. Estimate of Damages/ Injuries: $800.00 Nature of Incident: Claimant alleges damages as the result of City employees making street repairs to Bryant Irvin Road and hitting a gas line and causing its restaurant, Jack In The Box, a loss revenue. Lamonica Pollard 2. Claimant: Lamonica R. Pollard - Date Received: August 31, 1990 Date of Incident: August 7, 1990 Attorney: Wallace Brady & Associates, P.C. Location of Incident: Corner of Horne & Blackmore Estimate of Damages/ Injuries: $309.00 Nature of Incident: Claimant alleges damages and is seeking to recover fair rental value of her automobile which allegedly was seized by the Cite. Michael Washington 3. Claimant: Michael Washington Date Received: September 5, 1990 Date of Incident: December 7, 1989 Location of Incident: 1001 & 1003 E. Jessamine Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages to property as the result of a fire. Ricky Thomas Nations 4. Claimant: Ricky Thomas Nations Date Received: August 31, 1990 Date of Incident: April 18 Location of Incident: 3000 Sappinton Estimate of Damages/ Injuries: $105,000.00 Nature of Incident: Claimant alleges injuries as the result of actions taken by police. Janice G. Lamb 5. Claimant: Janice G. Lamb Date Received: September 4, 1990 Date of Incident: August 10, 1990 Location of Incident: 3225 Browning Ct. W. Estimate of Damages/ Injuries: $1,474.00 - $2,880.00 Nature of Incident: Claimant alleges damages to her property as the result of City crewman using a back hoe to repair a water line. Michael S. Day 6. Claimant: Michael S. Day Date Received: September 4, 1990 Date of Incident: August 15, 1990 Location of Incident: 1700 Hemphill St. Estimate of Damages/ Injuries: $276.80 - $286.35 Nature of Incident: Claimant alleges damages as the result of an accident involving a City -owned vehicle (police). Minutes of City Council Q-3 Page 2 3 TUESDAY, SEPTEMBER 11, 1990 It was the consensus of the City Council that the recommendation be adopted. Continued benefit It appearing to the City Council that the City Council on September 4, 1990, hearing later on continued the benefit hearing in connection with the assessment paving of Bryce Street the agenda from Neville Street to Merrick Street and Crestline Road from Neville Street to Camp Bowie Boulevard from day to day and from time to time and especially to the meeting of September 11, 1990, to give every interested citizen or person opportunity to be heard. Mayor Pro tempore Gilley called to the attention of the City Council the vote taken at a previous City Council meeting extending to Council Members Meadows and Garrison permission to abstain from voting on Mayor and Council Communication No. BH -0035 and advised the City Council that it would no longer have a quorum and continued the benefit hearing until further down on the agenda. Accepted donation There was presented Mayor and Council Communication No. G-8784, dated September 4, of pickup from Jack 1990, from the City Manager stating that the Police Department's Mounted Patrol Unit WiIIiams received in June 1989 from Jack Williams Chevrolet a 1988 3/4 -ton pickup to be used to tow its horse trailers when necessary; that the Police Department leased this pickup from Jack Williams for the sum of $1.00 per year; that Roger Williams, President and General Manager of Jack Williams Chevrolet, has offered to donate to the City of Fort Worth Police Department's Mounted Patrol Unit this pickup for its continued use; that, prior to this lease agreement, officers were using their personal vehicles to transport the horse trailers; and recommending that the City Council accept the donation of a 1988 3/4 -ton Chevrolet pickup from Jack Williams Chevrolet for use by the Police Department Mounted Patrol Unit. Plaque presented fn Chief Thomas Windham introduced Mr. Roger Williams and Council Member Garrison honor of Late Jack presented a plaque in honor of the Late Jack Williams. Williams Council Member Garrison made a motion, seconded by Council Member Granger, that the recommendation, as contained in Mayor and Council Communication No. G-8784, be adopted. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Council Member Zapata assumed his chair at this time. Constitution meek A proclamation for Constitution Week was presented to Mrs. A.D. Hudson, Proclamation presentef Mrs. R. Brien Koehler, and Mrs. Melba Howell Randolph, Regents of Six Flags, Fort Worth, and Mary Isham Keith Chapters, Daughters of American Revolution. Authorized payment of There was presented Mayor and Council Communication No. G-8792 from the City library fees with the Manager stating that the Association for Higher Education of North Texas is a Assoc. for Higher Ed. consortium of North Texas colleges and universities, The Dallas Public Library, and the Fort Worth Public Library; that participation in the Basic Library Program gives patrons of the member libraries access to the collections of all other participants; that the Courier Service covers the physical exchange of materials two or three times weekly; that funds are available in General Fund GGO1, Center No. 0841000, Account No. 539120; and recommending that payment of fees and associated charges for participation by the Fort Worth Public Library with the Association for Higher Education of North Texas in the amount of $7,584.00 covering the period October 1, 1990, through September 30, 1991, be authorized. It was the consensus of the City Council that the recommendation be adopted. Authorized replacemen There was presented Mayor and Council Communication No. G-8793 from the City of Sanitary Sewer Manager recommending that a work authorization be authorized in accordance with AR3-3 L-1140 by City forces for Sanitary Sewer L-1140 for the replacement of 900 linear feet of existing six-inch pipe with eight -inch sanitary sewer pipe by Water Department Field Operation crews located in the alley west of Ryan Avenue from north of Lowden Street to north of Cantey Street, for a total estimated project cost of $44,716.12; and stating that funds are available in Water and Sewer Operating Fund PE45, Center No. 0707004, Account No. 541600. It was the consensus of the City Council that the recommendation be adopted. Authorized consent There was presented Mayor and Council Communication No. G-8794 from the City agreement with Osteo- Manager stating that the Osteopathic Medical Center of Texas, through its pathic Medical Center administrator, Jim Price, has requested. permission to bury an underground conduit in for use of row. the alley between Modlin and Mattison Streets just west of Montgomery Street; that the purpose of the conduit is to encase computer and telephone cables which will connect its parking garage and 3634 Mattison; and recommending that the City Manager be authorized to enter into a standard consent agreement with the Osteopathic Medical Center, with such agreement authorizing use of the right-of-way for an underground conduit. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. G-8795 from the City Approved application Manager, as follows: for partial tax exerap tion - 500 Alta Drive SUBJECT: PARTIAL TAX EXEMPTION ELIGIBILITY FOR PROPERTY LOCATED AT 500 ALTA DRIVE (GRINSTEIN RESIDENCE) RECOMMENDATION: It is recommended that the City Council approve the application for partial tax exemption eligibility of the property at 500 Alta Drive. Minutes of City Council Q-3 Page 3 TUESDAY, SEPTEMBER 11, 1990 DISCUSSION: On July 12, 1990, the City Council approved Historical/Cultural Subdistrict Zoning (Case Z-90-66) for the above referenced property. This entitled the owner, Gerald Grinstein, to make an application for partial tax exemption eligibility. Eligibility is based on the fact that the applicant has furnished the Historic and Cultural Landmark Commission with the following: Proof of title to the property Proof of Historic and Cultural designation Receipt for paid taxes Plans for renovation Contractor's estimates and Permits showing costs will total more than 30% of assessed evaluation Current Costs = $1,103,436 Evaluation = $ 643,844 Property use as currently exists Availability to inspect the property by City Officials Agreement to maintain Sites Standards according to the Secretary of the Interior's Standards and Guidelines for Rehabilitation The owner expects to complete the property by September 1990. After the completion of the project and upon approval of verification by the City Council, City staff will notify the Tarrant Appraisal District and the City Assessor in writing of compliance. The renovated property will then maintain an assessed value for ad valorem tax purposes equal to the assessed valuation prior to renovation for a ten-year period. Authorized purchase There was presented Mayor and Council Communication No. P-4455 from the City agreement for biblio- Manager stating that Amigos Bibliographic Council, Inc., is the regional network which graphic services provides bibliographic data used by the Fort Worth Public Library in cataloging library materials; that this data resides in a national online network used by more than 9,000 libraries in the United States, Canada, and Mexico; that the network now has more than 12,000,000 bibliographic records; stating that funds are available in Fund GGO1, Center No. 0842002, Account No. 539120; and recommending that the purchase agreement for the provision of bibliographic services with Amigos Bibliographic Council, Inc., be authorized for a total amount not to exceed $48,400.00 net, f.o.b. Fort Worth, and that the effective date of the agreement begin July 1, 1990, and end June 30, 1991. It was the consensus of the City Council that the recommendations be adopted. Authorized purchase There was presented Mayor and Council Communication No. P-4456 from the City of 26,000 lbs. of gra Manager submitting a tabulation of bids received for the purchase of 26,000 pounds of seed grass seed for the Park and Recreation Department; stating that funds are available in Golf Fund PE39, Account No. 522010, Center No. 0804110, and Account No. 522010, Center No. 0304310; and recommending that the purchase be made on a low -bid -item basis, meeting City specifications, as follows: James Lincoln Corporation $14.580.00 Watson Distributing Co., Inc. 6,120.00 Total amount not to exceed $20,700.00 net, f.o.b. Ft. Worth It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council Q-3 Page 4 The Historic and Cultural Landmark Commission has investigated the property, reviewed the application and determined that the requirements of the application process have been met as of July 27, 1990. It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. G-8795, be adopted. Approved settlement There was presented Mayor and Council Communication No. G-8797 from the City of lawsuit - Rosie Manager stating that the lawsuit styled Rosie Sanders Garrett versus Ray Thomas and the S. Garrett vs Ray Thor, sCity of Fort Worth, Cause No. 153-120590-89 arises out of a May 19, 1987, intersection and the City of Ft 110 thcollision at East Berry Street and Mitchell Boulevard, which allegedly resulted in personal injury to the Plaintiff, Rosie Sanders Garrett; that it is contended the City was negligent with regard to repair of the signal and/or warning of the alleged malfunction; that the Plaintiff has also sued Ray Thomas, the other driver, alleging negligence on his part in connection with the accident; that the City has filed a cross-claim against Mr. Thomas seeking contribution; that it is proposed all of Plaintiff's claims against the City be settled for $13,000.00 and that the City pay an amount not to exceed $200.00 of the Plaintiff's taxable court costs in the case together with any required City court costs; that a settlement of the Plaintiff's claims against Mr. Thomas also has been negotiated; and, as part of the settlement of this case, it is proposed that the City dismiss its cross-claim against Mr. Thomas, with prejudice, and that the City and Mr. Thomas mutually release all claims against one another arising out of the subject accident; stating that funds are available in City Self -Insurance Fund FE71, Center No. 0157120, Account No. 534060; and recommending that the City Council approve the settlement of the lawsuit styled Rosie Sanders Garrett versus Ray Thomas and the City of Fort Worth which includes the authorization to make payment of $13,000.00 and certain applicable court costs; dismisses, with prejudice, the City's cross-claim in this case; releases of any claims the City may have against Ray Thomas; and authorizes the appropriate City personnel to execute the documents necessary to complete such settlement. On motion of Council Member Chappell, seconded by Council Member Garrison, the recommendation was adopted. Authorized purchase There was presented Mayor and Council Communication No. P-4455 from the City agreement for biblio- Manager stating that Amigos Bibliographic Council, Inc., is the regional network which graphic services provides bibliographic data used by the Fort Worth Public Library in cataloging library materials; that this data resides in a national online network used by more than 9,000 libraries in the United States, Canada, and Mexico; that the network now has more than 12,000,000 bibliographic records; stating that funds are available in Fund GGO1, Center No. 0842002, Account No. 539120; and recommending that the purchase agreement for the provision of bibliographic services with Amigos Bibliographic Council, Inc., be authorized for a total amount not to exceed $48,400.00 net, f.o.b. Fort Worth, and that the effective date of the agreement begin July 1, 1990, and end June 30, 1991. It was the consensus of the City Council that the recommendations be adopted. Authorized purchase There was presented Mayor and Council Communication No. P-4456 from the City of 26,000 lbs. of gra Manager submitting a tabulation of bids received for the purchase of 26,000 pounds of seed grass seed for the Park and Recreation Department; stating that funds are available in Golf Fund PE39, Account No. 522010, Center No. 0804110, and Account No. 522010, Center No. 0304310; and recommending that the purchase be made on a low -bid -item basis, meeting City specifications, as follows: James Lincoln Corporation $14.580.00 Watson Distributing Co., Inc. 6,120.00 Total amount not to exceed $20,700.00 net, f.o.b. Ft. Worth It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council Q-3 Page 4 J� TUESDAY, SEPTEMBER 11, 1990 Authorized purchase There was presented Mayor and Council Communication No. P-4457 from the City of 19,700 flower bulbs Manager submitting a tabulation of bids received for the purchase of 19,700 flower bulbs of various varieties for the Park and Recreation Department; stating that funds are available in Fund GG01, Account No. 522010, Center No. 0802060; and recommending that the purchase be made from Devroomen Export on its total overall bid, meeting City specifications, of $5,323.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. Authorized purchase= There was presented Mayor and Council Communication No. P-4458 from the City of 180 golf cars; Manager submitting a tabulation of bids received for the purchase of 180 golf cars for third party financing the Park and Recreation Department; stating that funds are available in Fund PE39, 36 -month scheduledI Account No. 537100, Center Nos. 0804120, 0804320, and 0804520; and recommending that maintenance agreement the City Council authorize: 1. The purchase of 180 golf cars from E -Z Go Textron, Inc., for the adjusted total of $171,891.00; 2. Third party financing of the purchase; 3. A 36 -month scheduled maintenance agreement with E -Z Go Textron on the unit price of $11.00 per month per car, to begin at the end of the warranty period and a maintenance agreement to begin the date of authorization by Council for 12 golf cars retained from the old fleet, to expire the date of the maintenance agreement on the new cars; 4. A 36 -month agreement with E -Z Go Textron, Inc., for unscheduled repairs at $20.00 per hour/labor and parts at manufacturer's price list less 20 percent discount; and 5. The unscheduled repair agreement to begin the day of receipt of the golf cars. It was the consensus of the City Council that the recommendations be adopted. Authorized purchase There was presented Mayor and Council Communication No. P-4459 from the City of one truck -mounted Manager submitting a tabulation of bids received for the purchase of one truck -mounted sweeper street/runway vacuum sweeper for the Aviation Department; stating that funds are available in Airports Fund PE40, Center No. 0552003, Account No. 541360; and recommending that the purchase be made from STM Equipment Company on low bid meeting all City specifications of $90,117.00 plus $2,600.00 for optional equipment for a total amount of $92,717.00 net, f.o.b. Fort Worth. City Manager Ivory advised the City Council of a correction to be made on Mayor and Council Communication No. P-4459 changing the word "decision" on Page 2, Paragraph 1, fourth line, to "define". Council Member Zapata made a motion, seconded by Council Member Chappell, that Mayor and Council Communication No. P-4459 be approved, as amended. When the motion was put to a vote by the Mayor, it prevailed unanimously. Authorized 36 -month There was presented Mayor and Council Communication No. P-4460 from the City lease/purchase for Manager submitting a tabulation of bids received for a 36 -month lease/purchase for Tape Cartridge System Information Systems and Services for Tape Cartridge System; stating that funds are available in Fund GG01, Account No. 539340, Center No. 0042000; and recommending that the City Council authorize: 1. The execution of a 36 -month lease/purchase (equipment warranty included) for Data Processing Division for Tape Cartridge System with C.E. Services for the low bid meeting specification for an amount not to exceed $2,106.00 per month; 2. Execute a purchase agreement of 36 months of 7 day/24 hour maintenance at $731.00 per month; and 3. Insurance, transportation, and installation are at no charge. Total not to exceed $102,132.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendations be adopted. Authorized purchase There was presented Mayor and Council Communication No. P-4461 from the City agreement for automo Manager submitting a tabulation of bids received for a purchase agreement for tive freon and air- automotive freon and air -conditioner parts for all City departments; stating that funds conditioner parts are available to cover the anticipated expenditure by each department participating in the agreement; and recommending that the City Council authorize: 1. An agreement with Chandler's Auto Parts Warehouse for automotive freon and air -conditioner parts to be supplied on the low bid of unit prices, as follows: 1) Unspecified air conditioning parts will Jobber price list less 20% discount. 2) A/C clutch, part number 2884 3) A/C field coil, part number 2A987H Minutes of City Council Q-3 Page 5 be sold to the City at $ 30.63/each $ 29.72/each TUESDAY, SEPTEMBER 11, 1990 4) A/C high pressure switch, part number 19972H $ 14.43/each 5) A/C coil, part number 2A987A $ 16.22/each 6) A/C resistor, part number E3AZ-19A706A $ 10.08/each 7) A/C low pressure hose, part number 19867A $ 14.43/each 8) A/C evaporator, part number 19860A $ 87.68/each 9) A/C accumulator, part number 19C836A $ 25.53/each 10) A/C discharge hose, part number 19972A $ 18.39/each 11) A/C evaporator, part number 19860A $ 83.41/each 12) A/C compressor, part number 5210300 N/A 13) A/C clutch, part number 5210271 N/A 14) A/C cycling switch, part number 4176095 $ 25.50/each 15) A/C cycling clutch, part number 4419360 $ 29.25/each 16) A/C condensor hose, part number 3847172 $ 58.50/each 17) A/C high pressure, part number 38479871 $ 58.50/each 18) A/C high pressure hose, part number 14013171 $ 31.69/each 19) A/C spacer, part number 14015521 $ 1.13/each 20) A/C clutch, part number 6551217 $ 40.35/each 21) A/C compressor, part number 12327550 $138.31/each 22) Freon 12 in 30 lb. disposal $ 3.33/lb. Containers $100.00/per container 2. All City departments to participate in the agreement, if needed; and 3. The agreement to begin the date of authorization by the City Council and end one year later, with option to renew for one additional year. It was the consensus of the City Council that the recommendations be adopted. Authorized outright There was presented Mayor and Council Communication No. P-4462 from the City purchase of continuou Manager submitting a tabulation of bids received for the outright purchase of forms; DP -120, Police continuous forms DP -120 - Police Dispatch cards for the Information Systems and Dispatch cards Services; stating that funds are available in Fund GG01, Center No. 0042000, Account No. 533250; and recommending that the purchase be made from Uarco, Inc., on low bid of $5.46/M, f.o.b. destination - inside delivery. It was the consensus of the City Council that the recommendation be adopted. Authorized sale of HD There was presented Mayor and Council Communication No. P-4463 from the City 8023 CPU; Purchase Manager submitting a tabulation of bids received for a purchase agreement for an Agreement for IBM 308 IBM 3084 Central Processing Unit for Information Systems and Services and for the sale CPU; Authorize annual of a HDS 8023 Central Processing Unit; stating that proceeds from the sale will be IBM maintenance Agree deposited in General Fund GG01, Account No. 444553 and that funds will be available in ment; Agreement with General Fund GG01, Center No. 0042000, Account Nos. 541320 and 539320; and recommending HDS to de -install that the City Council authorize the following: and certify the HD802 1. The sale to Wilson Computer of a HDS 8023 Central Processing Unit on the high bid of $28,850.00; 2. Execute a purchase agreement with C.E. Services, Inc., for an IBM 3084 Central Processing Unit in an amount not to exceed $45,000.00 including installation and trade-in of IBM 3081 Central Processing Unit; 3. Execute an addition to the annual IBM equipment maintenance agreement with C.E. Services, Inc., in an amount not to exceed $4,900.00 per month for 12 months and $3,500.00 per month for the next 12 months; and 4. Execute an agreement with HDS - Hitachi Data Systems to de -install and certify the HD 8023 for subsequent maintenance for an amount not to exceed $6,000.00. It was the consensus of the City Council that the recommendations be adopted. Emergency purchase There was presented Mayor and Council Communication No. P-4464 from the City of roof repairs to Manager stating that the City Manager's office and the Department of Law on August 14, hill Rogers Auditoriui 1990, agreed to authorize the emergency purchase of roof repairs to the Will Rogers Auditorium by Max Eubanks Roofing Co. for an amount not to exceed $54,000.00; stating that funds are available in Fund GC 34, Center No. 025340651000, Account No. 541200; and recommending that the City Council confirm the emergency purchase of roof repairs to Will Rogers Auditorium, Public Events Department, by Max Eubanks Roofing Co. for an amount not to exceed $54,000.00. It was the consensus of the City Council that the recommendation be adopted. Acquisition of row, There was presented Mayor and Council Communication No. L-10205 from the City Lot 17-R, Block 22, Manager recommending that the City pay a total consideration of $120,000.00 for an Jennings So. Addition irregularly-shaped strip of land 60 feet in length and approximately 43.02 feet in depth out of Lot 17-R, Block 22, Jennings South Addition as recorded in Volume 2404, Page 523, Deed Records, Tarrant County, Texas; same being located in the most northerly portion of Lot 17-R adjacent and parallel to the Daggett Street right-of-way; located at 912 Broadway Street West; owned by Light House for the Blind of Fort Worth; and required for realignment of Daggett from South Henderson to College; and recommended that a bond fund transfer in the amount of $120,000.00 be authorized from GS67-020670359010, Miscellaneous Streets & Drainage Unspecified, to GS67-016670354750, Daggett from South Henderson to College, to provide funds for land acquisition. It was the consensus of the City Council that the recommendations be adopted. Minutes of City Council Q-3 Page 6 TUESDAY, SEPTEMBER 11, 1990 Acquisition of flood There was presented Mayor and Council Communication No. L-10206 from the City )lain easement, Lot 32 Manager, as follows: �lkper 45, t Basemen ALot ; SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS ( 3 permanent easement Lot 6 Blk "r", Overton hest TRANSACTIONS) Addtn; permanent ease- ment Lot 7, Blk "r" RECOMMENDATION: Overton West Addtn It is recommended that approval be given for the acquisition of the land and/or easements described below: 1. Project Name: Westcliff Addition, Block 45, Lot 32 Type of Acquisition: Dedication/Floodway Easement Description of Land: An irregularly shaped parcel of land 24 feet in depth on the north boundary line and 12 feet in depth on the south boundary line out of Lot 32, Block 45, Westcliff Addition, as recorded in Volume 9993, Page 1107, Deed Records, Tarrant County, Texas. This parcel of land is 72.42 feet in length on the east boundary and 64.55 feet in length on the west boundary and contains 999 square feet as required for a 100 year flood plain easement. Square Feet: 999 Consideration: $1.00 Location: 4109 Inwood Road Owner: Rick Williams, Inc. Zoning: "A" One -Family Residential Financing: Sufficient funds are available in New Development, Fund GS90, Center No. 016900951060. Expenditures will be made from Account No. 541100. Land Agent: Jane G. Goodspeed 2. Project Name: Sanitary Sewer Easement for Lot 6, Block "F", Overton Park Plaza Type of Acquisition: Dedication/Permanent Easement Description of Land: A rectangularly shaped parcel of land 15 feet in width and approximately 57.66 feet in length located in the most northwesterly portion of Lot 6, Block "F", Overton West Addition, as recorded in Cabinet "A", Slides 346, 347, and 348, Deed Records, Tarrant County, Texas. This parcel of land contains approximately 865 square feet as required for a permanent easement. Square Feet: 865 Parcel No.: 1 Consideration: $1.00 Location: 4860 I.H. 20 Zoning: "G" Commercial Owner: Overton Park Plaza Associates Financing: Sufficient funds are available in Sewer Capital Improvements Fund PS58, Project No. 541100, Account Center No. 016580170810. Land Agent: Aleeta Hackney 3. Project Name: Sanitary Sewer Easement for Lot 7, Block "F" Type of Acquisition: Dedication/Permanent Easement Description of Land: A rectangularly shaped parcel of land 15 feet in width and approximately 530 feet in length located in the westerly portion of Lot 7, Block "F", Overton West Addition, as recorded in Cabinet "A", Slides 346, 347, and 348, Deed Records, Tarrant County, Texas. This parcel of land contains approximately 7,948 square feet as required for a permanent easement. Square Feet: 7,948 Parcel No.: 2 Consideration: $1.00 Location: 4850 I.H. 20 Zoning "G" Commercial Owner: Home Depot U.S.A., Inc. Minutes of City Council Q-3 Page 7 8 TUESDAY, SEPTEMBER 11, 1990 Financing: Sufficient funds are available in Sewer Capital Improvements Fund PS58, Project No. 541100, Account Center No. 016580170810. Land Agent: Aleeta Hackney It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. L-10206, be adopted. Execution of tarranty There was presented Mayor and Council Communication No. L-10207 from the City Deed Manager stating that Lot 2, Block 9, Lake Worth Leases, encroaches on the Charbonneau Estate approximately 24 feet; that the Charbonneau Estate is a privately -owned piece of land which abuts Block 9 of the Lake Worth Leases; that, in an effort to settle the encroachment, the Charbonneau Estate has agreed to accept a strip of land which the City owns on the opposite side of the Charbonneau Estate; and recommending that the City Manager be authorized to execute a Warranty Deed in the exchange of land with Charbonneau Estate. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. L-10208 from the City Acquisition of ROW, Manager recommending that the City pay a total consideration of $964.00 for an public open space irregularly-shaped strip of land along the west property line of Lot 1, Block 5, easement; temporary Eastwood Addition, Fourth Filing, as described in Volume 6864, Page 1629, Deed Records, construction easement Tarrant County, Texas; same being 14.02 feet in depth along the north property line, Lot 1, Blk 5, Eastwoo four feet in depth on the south property line, and 120 feet in length; a public open Addtn space easement on the northwest corner of the above-mentioned Lot 1, Block 5; and a temporary construction easement from the west property line of Lot 1, Block 5, parallel and adjacent to the above-described right-of-way; located at 5000 Reed Street; owned by Leon Wilson - Estate; and required for Village Creek Road Improvement. It was the consensus of the City Council that the right-of-way, permanent easement, and temporary construction easement be approved as recommended and that the expenditure be charged to Fund GS67, Center No. 016670401150, Account No. 541100. RECOMMENDATION: It is recommended that the City Council declare the necessity of taking certain land for the purpose of constructing essential public improvements heretofore authorized by the Council as set out below and that authority be given the City Attorney to institute eminent domain proceedings to acquire the following described land: 1. Name of Project Meadowbrook Drive Reconstruction (Watson to I-820) 2. Type of Acquisition Outright Purchase/Right-of-Way/Temporary Construction Easements 3. Description of Land: A. Parcel 14 - An irregularly shaped parcel of land out of Lot 40, Pollard Estates as described in Volume 6560, Page 465, Deed Records, Tarrant County, Texas. This parcel of land is 19.72 feet in width along the south right-of-way line of Meadowbrook Drive and 19.72 feet in depth along the east right-of-way line of Pollard Street and contains 83.0 square feet required for road right-of-way. B. Temporary Construction Easement 23 - A rectangularly shaped strip of land out of Lot 40, Pollard Estates as described in Volume 6560, Page 465, Deed Records, Tarrant County, Texas. This strip of land is 56.0 feet in width and 8.0 feet in depth and lies adjacent to, contiguous with and within the south right-of-way line of Meadowbrook Drive, required for a temporary construction easement. Minutes of City Council Q-3 Page 8 There was presented Mayor and Council Communication No. L-10209 from the City Eminent domain proceed Manager recommending that the City Council declare the necessity of taking certain land Ings for the purpose of constructing essential public improvements heretofore authorized by the Council and that authority be given to the City Attorney to institute eminent domain proceedings to acquire a rectangularly -shaped permanent easement 15 feet in depth and approximately 102.59 feet in length located across the westerly portion of Tract 5A and 5B, F.G. Mulliken Survey, Abstract No. 1045, as recorded in Volume 9857, Page 2154, Deed Records, Tarrant County, Texas; and a rectangularly -shaped construction easement 25 feet in width and approximately 102.59 feet in length adjacent to the westerly line of said permanent easement; same being approximately 2,565 square feet; and also extending the existing sanitary sewer line from the existing sewer main to the proposed sanitary sewer main without interruption of sanitary sewer service; located at 761 Samuels Avenue; owned by Mary Pool Sumner (1/2 interest); and required for Rehabilitation of Sanitary Sewer Main 42, Lateral 527, and Main 383-A/Parcel 23. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. L-10210 from the City Eminent domin proceed Manager, as follows• Ings SUBJECT: CONDEMNATION REQUEST/MEADOWBROOK DRIVE RECONSTRUCTION (WATSON TO I-820) PARCEL 14, CE -23, CE -24, CE -6 and CE -7 RECOMMENDATION: It is recommended that the City Council declare the necessity of taking certain land for the purpose of constructing essential public improvements heretofore authorized by the Council as set out below and that authority be given the City Attorney to institute eminent domain proceedings to acquire the following described land: 1. Name of Project Meadowbrook Drive Reconstruction (Watson to I-820) 2. Type of Acquisition Outright Purchase/Right-of-Way/Temporary Construction Easements 3. Description of Land: A. Parcel 14 - An irregularly shaped parcel of land out of Lot 40, Pollard Estates as described in Volume 6560, Page 465, Deed Records, Tarrant County, Texas. This parcel of land is 19.72 feet in width along the south right-of-way line of Meadowbrook Drive and 19.72 feet in depth along the east right-of-way line of Pollard Street and contains 83.0 square feet required for road right-of-way. B. Temporary Construction Easement 23 - A rectangularly shaped strip of land out of Lot 40, Pollard Estates as described in Volume 6560, Page 465, Deed Records, Tarrant County, Texas. This strip of land is 56.0 feet in width and 8.0 feet in depth and lies adjacent to, contiguous with and within the south right-of-way line of Meadowbrook Drive, required for a temporary construction easement. Minutes of City Council Q-3 Page 8 9 TUESDAY, SEPTEMBER 11, 1990 C. Temporary Construction Easement 24 - An irregularly shaped strip of land out of Lot 40, Pollard Estates as described in Volume 6560, Page 465, Deed Records, Tarrant County, Texas. This strip of land is 30.74 feet in width along its north line, 10.0 feet in depth along its east line, 45.0 feet in width along its south line and 23.0 feet in depth along its west line and lies adjacent to, contiguous with and within the south right-of-way line of Meadowbrook Drive, required for a temporary construction easement. Square Feet: P-14 - 83.0 CE -23 - 448.0 CE -24 - 423.0 D. Construction Easement 6 - A rectangularly shaped strip of land out of Tract 1-A-1, J. B. Martin Survey, Abstract 1133, as described in Volume 7540, Page 1583, Deed Records, Tarrant County, Texas. This strip of land is 10.0 feet in depth and 49.0 feet in length and lies adjacent to, parallel with and within the north right-of-way line of Meadowbrook Drive, required for a temporary construction easement. E. Construction Easement 7 - A rectangularly shaped strip of land out of Tract 1-A-1, J. B. Martin Survey, Abstract 1133, as described in Volume 7540, Page 1583, Deed Records, Tarrant County, Texas. This strip of land is 9.0 feet in depth and 55.0 feet in length and lies adjacent to, parallel with and within the north right-of-way line of Meadowbrook Drive, required for a temporary construction easement. Square Feet: CE -6 - 490.0 CE -7 - 495.0 4. Supplemental Information A. Parcels P-14, CE -23 and CE -24 The property is zoned E -Commercial and is located at 6030 Meadowbrook Drive. The owner is Sigmor Corporation. The City has tenured a final offer of $1,340.00 as total consideration which has been rejected by the owner. B. Parcels CE -6 and CE -7 NOES: None ABSENT: Mayor Bolen and Council Member Webber The ordinance, as adopted, is as follows: Ordinance No. 10667 ORDINANCE NO. 10667 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING THAT PORTION OF DEEN ROAD LOCATED BETWEEN TERMINAL ROAD AND DOWNING DRIVE; PROVIDING FOR REVERSION OF FEE IN SAID LAND; PROVIDING FOR RETENTION OF UTILITY EASEMENT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Change Order No. 1 There was presented Mayor and Council Communication No. C-12501 from the City with Rhode Constructioi Manager, as follows: Authorization Minutes of City Council Q-3 Page 9 The property is zoned C Multi -Family and is located at 5682 Meadowbrook Drive. The owner is Super Convenience, Inc. The City has tenured a final offer of $1,000.00 as total consideration which has been rejected by the owner. It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. L-10210, be adopted. There was presented Mayor and Council Communication No. PZ -1590 from the City Ordinance No. 10667 Manager recommending that an ordinance be adopted vacating Deen Road from the north Vacating Deen Rd from right-of-way line of Terminal Road North to the south right-of-way line of Downing North ROW line of Drive located in Block 4, Burlington Industrial District; Block 1, Fort Worth and Terminal Rd North to Denver Railroad Addition; adjacent to the Burlington Northern Railroad Yards located in South RO11 line of Down the W. Baker Survey, Abstract No. 145, provided that the effective date for said ing Drive ordinance is the date of the opening to traffic of the railroad overpass on Meacham Boulevard. It was the consensus of the City Council that the recommendation be adopted. Council Member Granger introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Meadows, and Chappell NOES: None ABSENT: Mayor Bolen and Council Member Webber The ordinance, as adopted, is as follows: Ordinance No. 10667 ORDINANCE NO. 10667 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING THAT PORTION OF DEEN ROAD LOCATED BETWEEN TERMINAL ROAD AND DOWNING DRIVE; PROVIDING FOR REVERSION OF FEE IN SAID LAND; PROVIDING FOR RETENTION OF UTILITY EASEMENT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Change Order No. 1 There was presented Mayor and Council Communication No. C-12501 from the City with Rhode Constructioi Manager, as follows: Authorization Minutes of City Council Q-3 Page 9 19 TUESDAY, SEPTEMBER 11, 1990 SUBJECT: PROPOSED CHANGE ORDER NO. 1 TO THE M -189A SANITARY SEWER REPLACEMENT (RHODE CONSTRUCTION) RECOMMENDATION: It is recommended that the City Council: 1. Authorize a fund transfer in the amount of $14,223 from Water and Sewer Operating Fund PE45, Center No. 0709020, Sewer Capital Projects to Sewer Capital Improvement Fund PS58, Center No. 070580170760, M -189A Replacement; and 2. Authorize Change Order No. 1 in the amount of $14,222.33 to the contract for construction of the M -189A Sanitary Sewer Replacement, revising the total contract cost to $139,217.83. PROJECT NO.: 58-017076-00 RArvapniiNn- On February 13, 1990 (M&C C-12158), the City Council authorized the award of a contract to Rhode Construction for construction of the M -189A Sanitary Sewer Replacement. PROPOSED CHANGE ORDER: During construction, the contractor excavated extra wide trench and pavement due to leaks in the 20 -inch water main close to the proposed sewer line at the intersection of Granbury Road and Wabash Road. City forces repaired the water main and joints causing more pavement to be removed. The contractor, Rhode Construction, will perform this additional work for $14,222.33. The proposed changes are as follows: 597.36 S.Y. pavement repair @ $2O.25/S.Y. $12,096.54 555 L.F. additional saw cutting @ $1.25/L.F. 693.75 Pavement Markers @ Lump Sum 682.34 Replace Hydro Mulch @ Lump Sum 749.70 Total Change Order $14,222.33 The net effect of the proposed change order is as follows: Original Contract Cost Proposed Change Order No. 1 Revised Contract Cost $124,995.50 $ 14,222.33 $139,217.83 The staff engineers of the Water Department have reviewed the proposed charges and found them reasonable for similar work. FINANCING: Sufficient funds are available to transfer from Water and Sewer Operating Fund PE45, Center No. 0709020, Sewer Capital Project, Sewer Department. Upon approval and completion of Recommendation No. 1 in the amount of $14,223.00, sufficient funds will be available in Sewer Capital Improvement Fund PS58, Center No. 070580170760, M -189A Replacement. Expenditures will be made from Account No. 541200. It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12501, be adopted. Authorized contract There was presented Mayor and Council Communication No. C-12502 from the City with Onyx Const. Co. Manager submitting a tabulation of bids received for the Dalworthington Gardens Water Meter Vault and Arlington Sewer Meter Station modifications; and recommending that the City Council: 1. Authorize a fund transfer in the amount of $10,245.00* from Water and Sewer Operating Fund PE45, Center No. 0609020, Water Capital Projects to Water Capital Improvement Fund PW53, Center No. 060530171690, Dalworthington Gardens Water Meter Vault Modifications; *Includes ten percent of bid amount for possible change orders as established by City Ordinance No. 10437 and $3,000.00 for inspection and survey. 2. Authorize a fund transfer in the amount of $24,570.00* from Water and Sewer Operating Fund PE45, Center No. 0709020, Sewer Capital Projects to Sewer Capital Improvement Fund PS58, Center No. 070580170880, Arlington Sewer Meter Station Modifications; and Minutes of City Council Q-3 Page 10 TUESDAY, SEPTEMBER 11, 1990 *Includes ten percent of bid amount for possible change orders as established by City Ordinance No. 10437 and $4,500.00 for inspection and survey. 3. Authorize the City Manager to execute a construction contract with Onyx Construction Co., Inc., for the Dalworthington Gardens Water Meter Vault and Arlington Sewer Meter Station Modifications on the low bid of $24,849.90. It was the consensus of the City Council that the recommendations be adopted. Authorized contract There was presented Mayor and Council Communication No. C-12503 from the City with Hahnfeld Assoc. Manager stating that a truck operated by Waste Management, Inc., on February 5, 1990, collided with the pedestrian walkway causing approximately $35,000.00 of damage; that it was determined no imminent threat to public health or property was created; that, since the walkway provided public access from the parking garage to the Equestrian Center, it was necessary to perform the repair work; that negotiations were held with Waste Management's insurer, and the insurer now has agreed to reimburse the City for the repair costs and related expenses; that Hahnfeld Associates, who did the original design for the Equestrian Center, has provided the cost estimates required by the insurance company and has agreed to perform the necessary architectural/engineering work for the plans and specifications at a fee of $12,000.00; stating that funds are available in Fund FE71, Account No. 534260, Center No. 0157140; and recommending that the City Manager be authorized to execute a contract with Hahnfeld Associates, 675 North Henderson, Fort Worth, for professional services to design the repair of the overhead pedestrian walkway at the Will Rogers Equestrian Center for the sum of $12,000.00. It was the consensus of the City Council that the recommendation be adopted. Ordinance adopted It appearing to the City Council that the City Council continued the benefit closing aenefit hear- hearing in connection with the assessment paving of Bryce Street from Neville Street to ing and levying assess Merrick Street and Crestline Road from Neville Street to Camp Bowie Boulevard to give ments - BH -0035 every interested citizen or person opportunity to be heard, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Lunday, representing the Department of Transportation and Public Works, appeared before the City Council and advised the City Council that information regarding the proposed assessment paving of Bryce Street from Neville Street to Merrick Street and Crestline Road from Neville Street to Camp Bowie Boulevard has been presented to the City Council; advised the City Council that Tract 2D, Abstract 894, George Kinder Survey, is a residence located on un -platted property and in accordance with current procedures for assessment paving will not be assessed; and advised the City Council that Mr. Robert Martin is present in the audience and will present his findings to the City Council; and introduced Mayor and Council Communication No. BH -0035, as follows: 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 Minutes of City Council Q-3 Page 11 TUESDAY, SEPTEMBER 11, 1990 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. ASSFSSMFNTS: 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. Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that the 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, be closed and that the assessments against Lots 1 through 7, Block 14, Chamberlain Heights Addition, be set at -0-; that the assessment against Lots 1 and 7, Block 22, Hammond F.M. Subdivision of Hillcrest Addition, be set at -0-; that the assessment against Tract 2D, Abstract 894, George Kinder Survey, be set at -0-; and that all other assessments be levied at 50 percent of the enhanced value upon his findings that the enhancements are less than indicated. Mr. Robert Martin Mr. Robert Martin, Independent Appraiser, appeared before the City Council and appeared re BH -0035 advised the City Council of his findings regarding the assessment of Rivercrest Country Club, Blocks 57 and 58, Rivercrest Addition, in regard to the deed restrictions and factual basis for an increase for the assessment of the property; and advised the City Council that a change in land use for the property was not considered by the appraiser. Uir. Bob Test appeared Mr. Bob West, Attorney for Rivercrest Country Club, appeared before the City re BH -0035 Council and presented a letter summarizing the basis for the objection of his client, Rivercrest Country Club, to the proposed assessment of $103,010.28 to its property for the proposed assessment repaving of Crestline Road. When the motion, that the 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 be closed and that the assessment against Lots 1 through 7, Block 14, Chamberlain Heights Addition, be set at -0-; that the assessment against Lots 1 and 7, Block 22, Hammond F.M. Subdivision of Hillcrest Addition, be set at -0-; that the assessment against Tract 2D, Abstract 894, George Kinder Survey, be set at -0-; and that all other assessments be levied at 50 percent of the enhanced value upon his findings that the enhancements are less than indicated, was put to a vote by the Mayor Pro tempore, it prevailed by the following vote: AYES: Mayor Pro tempore Gilley; Council Members Zapata, Granger, McCray, and Chappell NOES: None ABSENT: Mayor Bolen; Council Member Webber NOT VOTING: Council Members Garrison and Meadows Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Pro tempore Gilley; Council Members Zapata, Granger, McCray, and Chappell NOES: None ABSENT: Mayor Bolen and Council Member Webber NOT VOTING: Council Members Garrison and Meadows The ordinance, as adopted, is as follows: Ordinance Wo. 10666 ORDINANCE NO. 10666 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF BRYCE STREET, FROM MERRICK STREET TO NEVILLE STREET, AND CRESTLINE ROAD, FROM NEVILLE STREET TO CAMP BOWIE BOULEVARD, 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. Minutes of City Council Q-3 Page 12 1.3 TUESDAY, SEPTEMBER 11, 1990 Mayor Bolen assumed the chair at the Council table at this time. Mr. Joe Bilardi appeared Mr. Joe Bilardi, Director of the Development Department, appeared before the City re carport issue con- Council and advised the City Council that the hearing regarding the carport issue to be tinued until Oct. 10, heard by the City Zoning Commission will be continued until the October 10, 1990, 1990 meeting instead of September 12, 1990. It appearing to the City Council that Resolution No. 1557 was adopted by the City Zoning hearing for Council of the City of Fort Worth, Texas, on August 21, 1990, setting today as the date Zoning Ordinance for hearing in connection with the recommended changes and amendments to Zoning No. 3011 Ordinance No. 3011, and that due notice of the hearing has been given by publication in the Fort Worth Commercial Recorder, the official newspaper of the City of Fort Worth, Mayor Bolen asked if there was anyone present desiring to be heard. Mr. Mickey D. NowellMr. Mickey D. Nowell, representing Star Enterprise, applicant for a change in appeared re Z-90-96 zoning of property located at the southwest corner of I.H. 30 and Montgomery Street from "E" Commercial and "F -R" Restricted Commercial to "PD/SU" Planned Development/Specific Use for a self -serve gasoline sales, retail sales, car -wash, and sale of alcoholic beverages for off -premise consumption and "E" Commercial, with site plan required, Zoning Docket No. Z-90-096, appeared before the City Council and advised the City Council that the site plan was not completed at the time the case went before the City Zoning Commission; that the site plan now is complete and is consistent with other Texaco establishments; that the property will be landscaped and maintained in the fashion of a typical Texaco station; and requested waiver of site plan. Mr. Joe Bilardi Mr. Joe Bilardi, Director of the Development Department, appeared before the City appeared re Z-90-96 Council and advised the City Council that the application of Star Enterprise, Zoning Docket No. Z-90-096, could be approved with a waiver of the site plan subject to the construction of the Texaco station as shown on the site plan as shown to the City Council on today. Z-90-96 approved and Council Member Zapata made a motion, seconded by Council Member Garrison, that the waiver of site plan hearing in connection with the application of Star Enterprise for a change in zoning of approved property located at the southwest corner of I.H. 30 and Montgomery Street from "E" re Z-90-98 Commercial and "F -R" Restricted Commercial to "PD/SU" Planned Development/Specific Use for a self -serve gasoline sales, retail sales, car -wash, and sale of alcoholic Mr. Gordon Swift ap- beverages for off -premise consumption and "E" Commercial, Zoning Docket No. Z-90-096, peared and advised be approved, as amended, with approval of site plan as shown to the City Council today. Council of owners When the motion was put to a vote by the Mayor, it prevailed unanimously. (Note: the site plan was not presented to the City Secretary for the official Approved Zoning Docket record.) Mr. Gordon Swift Mr. Gordon Swift, representing Candleridge 53 Acre Joint Venture, applicant for a appeared re Z-90-98 change in zoning of property located at the northwest corner of South Hulen Street and plan for the supermark Sycamore School Road from "E -R" Restricted Commercial to "PD/SU" Planned Development/Specific Use for Supermarket and retail sales with gasoline sales, with site plan required, Zoning Docket No. Z-90-098, appeared before the City Council and requested that the site plan for the supermarket be waived, and advised the City Council that an additional site plan would be submitted regarding the retail sales portion for gasoline sale. Council Member Chappell requested the identity of the true owner of the property being requested for a change in zoning by Candleridge 53 Acre Joint Venture in order to determine any conflict of interest. Mr. Tim Petrus appeared Mr. Tim Petrus, 7328 Old Mill Run, representing the Candleridge Homeowners re Z-90-98 - In favor Association, appeared before the City Council and advised the City Council that the of Candleridge Homeowners Association is in favor of the proposed zoning change as long as certain conditions are met which included a limitation on the height of signs not to exceed 22 feet, screening for the loading and unloading of trucks located at the rear of the supermarket, and irrigation for the plantings. Mr. Jerry Stein appear�d Mr. Jerry Stein, 7612 Creekmoor Drive, representing the Meadows of Candleridge re Z-90-98 in support Homeowners Association, appeared before the City Council and expressed support for the of application of Candleridge 53 Acre Joint Venture, Zoning Docket No. Z-90-098. Mr. Don Clarke, 2151 Hutton Drive, representing Lincoln Property Company, appeared Mr. Don Clarke appeareli before the City Council and requested that sufficient screening be provided to protect re Z-90-98 residents on the second floors of apartments adjacent to the supermarket site. Mr. Gordon Swift appeared before the City Council and advised the City Council Mr. Gordon Swift ap- that Messrs. Joseph Howell and Herman Smith were the owners of Candleridge 53 Acre peared and advised Joint Venture. Council of owners There being no one else present desiring to be heard in connection with the Approved Zoning Docket application of Candleridge 53 Acre Joint Venture for a change in zoning of property No. Z-90-98 and ap- located at the northwest corner of South Hulen Street and Sycamore School Road from proved waiver of site "E -R" Restricted Commercial to "PD/SU" Planned Development/Specific Use for Supermarket plan for the supermark t and retail sales with gasoline sales, Zoning Docket No. Z-90-098, Mayor Pro tempore Gilley made a motion, seconded by Council Member Garrison, that the application be approved with site plan approved for the supermarket. When the motion was put to a vote by the Mayor, it prevailed unanimously. Minutes of City Council Q-3 Page 13 14 TUESDAY, SEPTEMBER 11, 1990 Council Member Granger excused herself from the Council table at this time. Hr. Jim Schell appearEd Mr. Jim Schell, representing Transohio Savings Bank, applicant for a change in regarding Z-89-127 zoning of property located at 3417 Wellington Road from "F" Commercial and "A" One -Family to "PD/E" Planned Development/Commercial, with waiver of site plan recommended, Zoning Docket No. Z-89-127, appeared before the City Council and advised the City Council of exceptions for the "PD/E" uses as follows: 1. Apartment hotels. 2. Baths, turkish and massage parlours. 3. Drive-in business, where car service is given, including refreshment stands, cafes, restaurants, food stores, and similar activities. 4. Garages, storage only. 5. Golf course including miniature course, driving tee, driving range, and "Pitch 'n' Putt" course. 6. Pawnshops. 7. Recreational vehicle parks. 8. Retail gasoline sales. 9. Commercial swimming pools. Approved Zoning Doc- Council Member Garrison made a motion, seconded by Council Member Meadows, that ket No. Z-89-127 Zoning Docket No. Z-89-127 be approved as recommended with the following exceptions: 1. Apartment hotels 2. Baths, turkish and massage parlours 3. Drive-in business, where car service is given, including refreshment stands, cafes, restaurants, food stores, and similar activities 4. Garages, storage only 5. Golf course including miniature course, driving tee, driving range, and "Pitch 'n' Putt" course 6. Pawnshops 7. Recreational vehicle parks 8. Retail gasoline sales 9. Commercial swimming pools When the motion was put to a vote by the Mayor, it prevailed unanimously. There being no one else present desiring to be heard in connection with Amendments to Zoning recommended changes and amendments to Zoning Ordinance No. 3011, Council Member Zapata Ordinance No. 3011 made a motion, seconded by Council Member Chappell, that the hearing be closed and that the recommended changes in zoning, be approved, as follows: Z-90-089 JOSEPHINE HICKS 1912 Stalcup Road From "B" Two -Family to "E" Commercial Z-90-090 ROBERT W. MOORE by Stephen Cavender for Triton Advertising, Ltd. 3100 West Loop 820 South From "F" Commercial to "F/S" Commercial/Sign Subdistrict Z-90-091 SUE B. OVERTON 3144 Marquita Drive From "A" One -Family to "I" Light Industrial Z-90-092 A.D. BYRD 2815 North Beach Street From "B" Two -Family to "I" Light Industrial Z-90-093 ALFONSO TORRES by Jesse Aguirre 2500 Azle Avenue From "E" Commercial to "F -R" Restricted Commercial Z-90-097 JOHN B. SIBLEY, JR. 3013 Pate Drive From "A" One -Family to "E" Commercial Z-90-099 FORT WORTH T & P FEDERAL CREDIT UNION by Carl Montgomery 4613 Wellesley Avenue From "C" Multi -Family to "E" Commercial Z-90-102 PAUL AND JOYCE GARCIA 1531 East Bessie Street From "I" Light Industrial to "B" Two -Family Minutes of City Council Q-3 Page 14 TUESDAY, SEPTEMBER 11, 1990 Z-90-103 GOSPEL TABERNACLE CHURCH/PASTOR G. LUNDY KELLER by Virginia Millsap 1600 East Broadway Street From "J" Light Industrial to "B" Two -Family Denial of Zoning Council Member Chappell made a motion, seconded by Council Member Meadows, that Docket No. Z-90-77 the recommendation of the City Zoning Commission for denial without prejudice for the application of Loren A. Boswell, Jr., et al for a change in zoning of property located south of Robertson Road, Fronting (F.M. 1220) south of Eagle Mountain Water Treatment Plant Site from unzoned to "E" Commercial and "I" Light Industrial, Zoning Docket No. Z-90-077, be upheld. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Zapata made a motion, seconded by Mayor Pro tempore Gilley, that Denial of Zoning the recommendations of the City Zoning Commission for denial of the application of Docket No. Z-90-101 A.G. Spanos Construction, Inc., for a change in zoning of property located at 8851 East Freeway (I.H. 30) from "D" Multi -Family to "PD/SU" Planned Development/Specific Use permitting an on -premise, detach, informational and directional sign advising the public as to the identification of the apartment complex at the premises and its telephone number, and providing traffic directions to such premises; with such sign to be a single pole (center -mount) double -face "V" aluminated sign not exceeding 60 feet in height with a ground clearance of 42 feet each face of such sign not to exceed 14 feet by 48 feet (672 total square feet), with waiver of site plan requested, Zoning Docket No. Z-90-101, be upheld. When the motion was put to a vote by the Mayor, it prevailed unanimously. Ordinance No. 10668 Council Member Zapata introduced an ordinance and made a motion that it be adopted. amending Zoning Ordi- The motion was seconded by Council Member Chappell. The motion, carrying with it the No. 3011 adoption of said ordinance, prevailed by the following vote: nance AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, McCray, Meadows, and Chappell NOES: None ABSENT: Council Members Granger and Webber The ordinance, as adopted, is as follows: Ordinance No. 10668 11 ORDINANCE NO. 10668 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 3011, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS AND SHOWING SUCH DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 6. That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. It appearing to the City Council that the hearing on the proposed 1990-91 Ad valorem tax levy appropriations ordinance and the ad valorem tax levy ordinance was continued by the ordinance City Council on September 4, 1990, from day to day and from time to time and especially to the City Council meeting of September 11, 1990, to give every interested person or citizen opportunity to be heard, Mayor Bolen asked if there was anyone present desiring to be heard. There being no one present desiring to be heard, it was the consensus of the City Ad vlalorem tax levy Council that the hearing on the proposed 1990-91 appropriations ordinance and ordinance hearing ad valorem tax levy ordinance be continued from day to day and from time to time and closed especially to the City Council meeting of September 18, 1990, to give every interested person or citizen opportunity to be heard. Pubic hearing re Plan It appearing to the City Council that on August 28, 1990, the City Council set a of Services & Budget public hearing for today to consider the proposed budget, service and assessment plan for '90-'91 for iW Improvement District No. 3 Minutes of City Council Q-3 Page 15 TUESDAY, SEPTEMBER 11, 1990 for Fort Worth Improvement District No. 3 to S.E.N.C.A. Real Estate Development Company, Mayor Bolen asked if there was anyone present desiring to be heard. Ms. Ann Diveley appe ed Ms. Ann Diveley, representing the Office of the City Manager, presented the staff re G-8796 report to the City Council and called attention of the City Council to Mayor and Council Communication No. G-8796, as follows: SUBJECT: ACTION CONCERNING SERVICES TO BE PROVIDED BY THE FORT WORTH IMPROVEMENT DISTRICT NO. 3 IN FY '90-'91 RECOMMENDATION: It is recommended that the City Council take the following action regarding Fort Worth Improvement District No. 3: 1. Hold a public hearing regarding the Plan of Services and Budget for FY '90-'91. 2. Adopt the service, improvement and assessment plan for the 1990-1991 fiscal year which was recommended by the property owners of Fort Worth Improvement District No. 3 (the "District"). 3. Adopt the attached Resolution which: (a) makes certain findings concerning the proposed improvements and/or services to be provided by the District during the 1990-91 fiscal year, the estimated costs, the method of assessment and the apportionment of costs between the District and the City as a whole; and (b) directs the City Secretary to publish notice of such findings as provided by law. 4. Waive the requirement that the City Manager take competitive bids for the improvements and/or services to be provided by the district in the 1990-1991 fiscal year and direct the City Manager to prepare a document for City Council which would award a contract to S.E.N.C.A., to provide improvements and/or services in the District during the 1990-1991 fiscal year. 5. Adopt the proposed assessment rolls and set Tuesday, October 2, 1990 at 7:00 p.m. as the time and date for the benefit hearing. 6. Direct the City Secretary to give notice of the October 2, 1990 hearing in accordance with state law. BACKGROUND: On September 11, 1990, the City Council will hold a public hearing concerning the service plan and budget for the Fort Worth Improvement District No. 3 (the "District"). The budget will be based on the proposed assessments to be collected as shown on the proposed assessment rolls. Once the budget and plan of services have been approved, as well as the proposed assessment roll, the benefit hearing can be held and assessments levied. It is proposed that the City would collect the assessments and pay S.E.N.C.A. to implement the Plan of Services according to the District budget. Section 252.022 of the local government code provides that competitive bids are not required to be taken if at least one-third of the cost of the improvements on the related matters to be procured by a city are to be paid for by or through special assessments levied on property that will benefit from the improvements. Adopted Resolution No There being no one else present desiring to be heard in connection with the 1066 re budget for hearing on Fort Worth Improvement District No. 3, Mayor Pro tempore Gilley introduced a rW Iimprovement Dis- resolution and made a motion that it be adopted. The motion was seconded by Council trict No. 3 Member Chappell. 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 Chappell NOES: None ABSENT: Council Member Webber and Granger The resolution, as adopted, is as follows: Resolution No. 1666 11 RESOLUTION NO. 1666 WHEREAS, on July 12, 1990, the City Council of the City of Fort Worth, Texas, adopted a Resolution which authorized the establishment of the Fort Worth Improvement District No. 3 (the "District") as provided by state law; and Minutes of City Council Q-3 Page 16 TUESDAY, SEPTEMBER 11, 1990 WHEREAS, at 10:00 a.m. on September 11, 1990, the City Council held a public hearing concerning the following matters: (a) the general nature of the proposed improvements and/or services to be provided by the District during the 1990-1991 fiscal year; (b) the estimated cost of such improvements and/or services; (c) the proposed method of assessment; (d) the proposed apportionment of costs between the Improvement District and the City as a whole; and WHEREAS, the City Council adjourned such public hearing and adopted this resolution which: (a) makes findings concerning the nature and advisability of the improvements and/or services to be provided by the District during the 1990-1991 fiscal year, the estimated costs, the method of assessment, and the apportionment of costs between the District and the City as a whole; and (b) adopts the service, improvement and assessment plan which was recommended by the property owners of Fort Worth Improvement District No. 3 for the 1990-1991 fiscal year; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 1. The City Council, after duly considering the evidence and testimony presented at the public hearing held on September 11, 1990, hereby makes the following findings: (a) It is advisable for the Fort Worth Improvement District No. 3 (the "District") to undertake and provide improvements and/or services during the 1990-1991 fiscal year, i.e., October 1, 1990 through September 30, 1991. (b) The general nature of the special supplemental services to be provided by the district shall include: (1) A technical improvements plan to provide technical assistance and consulting services for the engineering, design, and development of neighborhood improvements including landscaping, streetscaping, fountains, lighting, signage, streets and access, sidewalks, pedestrian malls, off-street parking facilities, drainage improvements, parks and other similar projects permitted by State Law. (2) A land use plan to determine the future highest and best use of land along Lancaster and Vickery adjacent to the relocated I-30 freeway. (3) An infrastructure plan to determine the infrastructure improvements necessary to support the land use plan. (4) A cost estimate and financial plan to implement the land use plan and infrastructure plan, including a feasibility and economic benefit analysis and report concerning the creation of a tax reinvestment zone and the use of tax increment financing. (5) A coordination plan setting forth the manner in which the District will coordinate with property owners, the City, and with the State Department of Highways and Public Transportation. (6) A marketing and advertising program to: (i) develop a marketing and advertising brochure describing plans for development of the District and promoting business relocation and investment; (ii) distribute the marketing and advertising brochure to, among others, firms specializing in business relocation services, businesses considering relocation, the economic development staff of the City, the Fort Worth Chamber of Commerce, Downtown Fort Worth, Inc., and the real estate brokers, developers and investors; (iii) make initial and follow-up contacts in pursuit of business relocations and other development of, and investment in, the District; and, Minutes of City Council Q-3 Page 17 1 '5. TUESDAY, SEPTEMBER 11, 1990 (iv) generate positive publicity for the District. (7) A management program to provide for the establishment, administration, management, and operation of the District. The special supplemental services will be a supplement to the standard existing level of city improvements and/or services and will constitute an added increment to the improvements and/or services normally provided to the taxpayers generally. The City will continue to furnish or pay for standard improvements and/or services in the district at the same level as they would be provided to the taxpayers generally. The City will be paid an annual administrative fee equal to 1% of the assessments to reimburse the City for its expenses incurred in administration and operation of the district. (c) Exclusive of the expense of establishing the district, the estimated costs of the special supplemental services for the district during the first year of operation are $88,851 for planning, marketing and management. (d) The cost of improvements and/or services shall be determined in accordance with the service, improvement and assessment plan heretofore approved and adopted by the City Council on July 12, 1990. The updated service, improvement and assessment plan for the 1990-1991 fiscal year which was recommended to the City Council by the property owners of the District is also hereby approved and adopted. A copy of such plan is on file with the City Secretary of the City of Fort Worth. Although such plan shows projected revenues in 1992, 1993 and 1994 from tax increment financing, adoption of this resolution by the City Council does not constitute a commitment by the City of Fort Worth to create a reinvestment zone for tax increment financing. (e) The boundaries of the district are: The area along Lancaster and along Vickery between Henderson and I -35W as more particularly described in the Boundary Description and the Boundary Map attached hereto as Exhibit A and incorporated herein by reference. (f) The method of assessment is: (1) A service plan was approved and adopted by the City Council on July 12, 1990 for a period of not less than five years. The plan would be reviewed and updated annually by the City Council to determine the annual budget for improvements and/or services within the district. (2) The cost of special supplemental services will be assessed against real property within the District according to the value of the property, including improvements, as determined annually by the City Council, provided that (i) During the initial four-year term of the District, annual assessments against property in the District, including improvements, shall not exceed an amount equal to $0.43 per $100 of the value of such property and improvements as determined by the City Council. (ii) Property, including improvements, within existing or proposed transportation rights-of-way (e.g., for public streets, highways, and railroads) are deemed to receive no special benefit from, and will not be assessed for, the special supplemental services. (iii) Property, including improvements, that will be taken or condemned because of their proximity to proposed transportation rights-of-way are deemed to receive no special benefit from and will not be assessed for, the special supplemental services. (iv) Ground lease interests, including improvements, where the unexpired term of the lease is less than 15 years are deemed to receive no special benefit from, and will not be assessed for, the special supplemental services. (3) The City Council of the City of Fort Worth will be authorized to establish by ordinance reasonable classifications and formulas for the apportionment of costs between the City and the property to be assessed and to establish the methods for assessing special benefits for various classes of improvements and/or services. (g) The apportionment of costs between the improvement district and the city as a whole shall be: Minutes of City Council Q-3 Page 18 TUESDAY, SEPTEMBER 11, 1990 (1) All of the cost of an improvement and/or service shall be paid by special assessments against real property and structures or other improvements thereon in the district. (2) The City as a whole will continue to provide standard improvements and services to the district at the same level as they are provided to the taxpayers generally. (h) The probable maximum benefits to be conferred on each tract in the district because of the special supplemental services will be greater than the amount of the assessment against such tract and the owners thereof. The private sector parties who are selected to administer the district will provide evidence at each benefit hearing on which the City Council can base its decision to levy assessments. (i) The area to be assessed may not include any property not within the area described in paragraph (e) unless an additional hearing is held to include the property and notice for the hearing is given in the same manner as notice under Section 372.009 of the Public Improvement District Assessment Act. (j) The district will exist for four years immediately following the date of publication of notice of establishment of the district unless property owners in the district petition the City Council for re-establishment of the district, or unless the district is sooner terminated as provided by law. 2. The City Secretary is hereby directed to give notice of authorization for the district to provide improvements and/or services during the 1990-1991 fiscal year by publishing a copy of this Resolution once in a newspaper of general circulation in the City of Fort Worth. 3. The City Manager is hereby authorized and directed to prepare a document for City Council approval which would award a contract with SENCA to provide improvements and/or services in the district under this Resolution and the service plan for the 1990-1991 fiscal year hereby adopted by the Council. 4. The district shall be a complete alternative to other methods by which the City of Fort Worth may finance public improvements and/or special supplemental services by assessing property owners. EXHIBIT A BOUNDARIES OF THE PROPOSED DISTRICT Beginning at the southeast corner of West 13th and Monroe Street, then eastwardly along the south right-of-way line of 13th to the alleyway 80 feet west of Throckmorton Street, then southeastwardly along the west right-of-way line of the alleyway west of Throckmorton to Lancaster Avenue, then eastwardly along the south right-of-way line of Lancaster to the east point of lot 4 of the Frank Kent Subdivision (approximately 1230 feet east of Main Street), then southwardly to Vickery Boulevard along the west line of the railroad right-of-way, then westwardly along the north right-of-way line of Vickery to Jennings Avenue, then southwardly along the west right-of-way line of Jennings to Broadway Street, then westwardly along the north right-of-way line of Broadway to Hemphill Street, then northwardly along the east right-of-way line of Hemphill to Jarvis Street, then westwardly along the north right-of-way line of Jarvis to Lipscomb Street, then northwardly along the east right-of-way line of Lipscomb to Vickery Boulevard, then westwardly along the north right-of-way line of Vickery to the railroad tracks, then northwardly along the east right-of-way line of Henderson Street to the south line of Block 11 of the Texas and Pacific Railway Addition, then northeastwardly along the south line of Block 11 to the south line of block 15 of the Texas and Pacific Railway Addition, then northeastwardly to Lancaster Ave. through block 15 along the southeasterly line of the State of Texas right-of-way for I-30, then eastwardly along the south right of way line of Lancaster to Monroe Street and then northerly along the east right-of-way line of Monroe to the point of beginning (south line of 13th). Mr. J.it. Bryant appear d Mr. J.W. Bryant, 609 Verna Trail North, appeared before the City Council regarding re repairs at itill expenditures of the City with regard to the contract for repairs at Will Rogers in the Rogers amount of $18,000.00 and expressed his concerns regarding the Modern Art Museum. Mayor Bolen excused himself from the Council table at this time and Mayor Pro tempore Gilley assumed the chair. Ms. Jeanne Strickland Ms. Jeanne Strickland, Post Office Box 3182, appeared before the City Council and appeared re Street expressed concerns for the cutting of the Street Crimes Division and expressed Crimes & fire Dept opposition to the cutting of Fire Department units from the budget. It was the consensus of the City Council that the City Council meet in closed or Recessed into iExecutiv executive session to receive the advice of its attorney concerning the following Session i pending litigations: Minutes of City Council Q-3 Page 19 n q Reconvened Adjourned TUESDAY, SEPTEMBER 11, 1990 A. Dallas/Fort Worth International Airport Board, et al versus the City of Irving, Texas, et al, Cause No. 90-04298-I; B. B.L. Dumas et al versus City of Fort Worth, Cause No. CA 4-90-461-E; C. City of Fort Worth versus Board of Trustees of the Employee's Retirement Fund et al, Cause No. 352-128681-90; D. Tarrant County Mayor's Council, et al versus City of Fort Worth, Cause No. 236-130173-90; E. Dorothy A. Dollahon versus City of Fort Worth, Cause No. 36125; F. Workers' compensation suits for hearing loss as authorized by Section 2(e), Article 6252-17, V.A.C.S., the Texas Open Meeting Act. The City Council reconvened into regular session with six members present; Mayor Bolen and Council Members Granger and Webber absent. There being no further business, the meeti WUMP w wwCITY SECRETARY Minutes of City Council Q-3 Page 20