HomeMy WebLinkAbout1990/09/25-Minutes-City CouncilMembers Present
Invocation
Pledge of Allegiance
Minutes of Sept. 18
meeting approved
Presentation made
on behalf of Salis-
bury, So. Australia
Proclamation for
TCU/Fort Worth Meek
M&C No. P-4471 with-
drawn from consent
agenda
m&C's C-12517,
C-12519 and G-8829
withdrawn from cons
agenda
H&C C-12526 withdra
from consent agenda
CITY COUNCIL MEETING
SEPTEMBER 253, 1990
On the 25th 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:
Mayor Pro tempore Garey W. Gilley; Council Members William N. Garrison, Kay
Granger, Eugene McCray, Bill Meadows, Virginia Nell Webber, and David Chappell; City
Manager David Ivory; City Attorney Wade Adkins; City Secretary Ruth Howard; Mayor Bob
Bolen temporarily absent; Council Member Louis J. Zapata absent on City business; with
more than a quorum present, at which time the following business was transacted:
The invocation was given by The Reverend Marian Wallace, Jail Chaplain, Tarrant
Area Community of Churches.
The Pledge of Allegiance was recited.
On motion of Council Member Garrison, seconded by Council Member Webber, the
minutes of the meeting of September 18, 1990, were approved.
A presentation of prints of birds indigenous to South Australia to the City
Council was made by Des and Joyce Ross of Salter Springs, South Australia, on behalf of
City of Salisbury, South Australia.
At this time, Mayor Bolen assumed the chair.
A proclamation for TCU/Fort Worth Week was presented to Dean Robert Garwell, Dean
of the College of Fine Arts and Communication.
City Manager Ivory requested that Mayor and Council Communication No. P-4471 be
withdrawn from the consent agenda.
Council Member Chappell requested that Mayor and Council Communication
Nos. C-12517, C-12519, and G-8829 be withdrawn from the consent agenda.
Council Member Webber requested that Mayor and Council Communication No. C-12526
be withdrawn from the consent agenda.
Minutes of City Council Q-3 Page 59
< TUESDAY, SEPTEMBER 25, 1990
ithdrawal of M&C City Manager Ivory requested that Mayor and Council Communication No. P-4471 be
-4471 from consent withdrawn from the agenda.
genda
onsent Agenda On motion of Mayor Pro tempore Gilley, seconded by Council Member Meadows, the
pproovzd consent agenda, as amended, was approved.
ppointraent of lir. Dea Council Member Granger nominated Mr. Dean Conlin for membership on the City Plan
onlin to City Plan Commission, Place 4, replacing Mr. Bill Elliott, and made a motion, seconded by Mayor
omrs,iission Pro tempore Gilley, that Mr. Conlin be appointed to the City Plan Commission, Place 4,
for a term of office expiring October 1, 1992. When the motion was put to a vote by
the Mayor, it prevailed unanimously.
ppointed iris. Mary Jea Mayor Bolen nominated Ms. Mary Jean McCarthy for membership on the Private
cCarthy to the Privat Industry Council, Seat 6, as a representative of the Arlington Chamber of Commerce, and
adustry Council made a motion, seconded by Mayor Pro tempore Gilley, that Ms. McCarthy be reappointed
to Seat 6 on the Private Industry Council for a term of office expiring October 1, 1992.
When the motion was put to a vote by the Mayor, it prevailed unanimously.
ppointuent of lir. Don Mayor Bolen nominated Mr. Don Botman to Place 2, Mrs. Betty Hennington to Place 6,
otinan, 1•3rs. Betty and George Berger to Place 4 on the Board of Trustees of the Employees Retirement Fund
ennington, and George of the City of Fort Worth for terms of office expiring October 1, 1992. When the
erger to the Board -®f motion was put to a vote by the Mayor, it prevailed unanimously.
he Employees' Retire- There was presented Mayor and Council Communication No. OCS-179 from the Office of
ent rund the City Secretary recommending that the City Council authorize the cancellation of a
ancellation of con- street and storm drain contractor's bond issued to George's Concrete & Asphalt. It was
ractor s bond the consensus of the City Council that the bond be cancelled effective October 11,
1990, but that it remain in full force and effect for all work performed prior to date
of cancellation.
otice of claims for There was presented Mayor and Council Communication No. OCS-180 from the Office of
Ileged damages and/or the City Secretary recommending that notices of claims regarding alleged damages and/or
njuries injuries be referred to the Risk Management Department, as follows:
nits Watteson 1. Claimant: Juanita Watterson
Date Received: September 17, 1990
Date of Incident: March 11, 1990
Location of Incident: 3320 Hazeline Road
Estimate of Damages/
Injuries: $10,000.00 estimate
Nature of Incident: Claimant alleges damages to her property as
the result of sewer backup.
ara J. Stone 2. Claimant: Barbara J. Stone
Date Received: September 17, 1990
Date of Incident: September 5, 1990
Location of Incident: I-30 Near Fielder Rd. exit
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges damages to her automobile as
the result of an accident involving a
City -owned vehicle (police).
on S. McKenzie a
i,noS. Don E. McKenzie, 3. Claimant: Don S. McKenzie a minor, Don E. McKenzie -
ather father
Date Received: September 17, 1990
Date of Incident: July 22, 1990
Location of Incident: 8505 Brushy Creek Trail
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges damages and injuries to his
son, Don S. McKenzie, a minor, as the result
of actions taken by Fort Worth Police
personnel.
ila i•vae Parker 4. Claimant: Zella Mae Parker
Date Received: September 13, 1990
Date of Incident: March 15, 1990
Attorney: Edwin T. Lee
Location of Incident: Northeast corner of Marquita and Hwy 80
Estimate of Damages/
Injuries: Not less than $15,000.00
Nature of Incident: Claimant alleges damages and injuries as the
result of a fall.
ndation Adoptedll It was the consensus of the City Council that the recommendation be adopted.
itizen Correspondence There was presented Mayor and Council Communication No. OCS-181 from the Office of
the City Secretary recommending that correspondence from Mrs. George A. Clower,
5457 Wayside Avenue, regarding the hiring of new police officers to replace veteran
police officers that allegedly were discharged from the City; and correspondence from
Mr. Calvin J.M. Prince, 3808 Black Canyon Road, regarding the endorsement of Garey
Gilley's plan for charging the home owners additional fees for hauling off grass
clippings be referred to the Office of the City Manager. It was the consensus of the
City Council that the recommendation be adopted.
Minutes of City Council Q-3 Page 60
TUESDAY, SEPTEMBER 25, 1990
Adopted Resolution No. There was presented Mayor and Council Communication No. OCS-182 from the Office of
1670 settiing special the City Secretary recommending that a resolution be adopted setting the special zoning
zoning hearing hearing for October 161, 1990. On motion of Mayor Pro tempore Gilley, seconded by
Council Member Garrison, the recommendation was adopted.
Mayor Pro tempore Gilley introduced a resolution and made a motion that it be
adopted. The motion was seconded by Council Member Garrison. The motion, carrying
with it the adoption of said resolution, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison,
Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: Council Member Zapata
The resolution, as adopted, is as follows:
Resolution No. 1670 RESOLUTION NO. 1670
A RESOLUTION PROVIDING FOR A PUBLIC HEARING TO BE HELD IN THE CITY
COUNCIL CHAMBERS AT THE MUNICIPAL BUILDING IN THE CITY OF FORT
WORTH, TEXAS, ON OCTOBER 16, 1990 AT 10:00 A.M., FOR THE PURPOSE OF
CONSIDERING THE PROPOSED CHANGES AND AMENDMENTS TO ORDINANCE
NO. 3011, AS AMENDED, WHICH IS THE COMPREHENSIVE ZONING ORDINANCE
OF SAID CITY, AND PROVIDING THAT SAID HEARING MAY CONTINUE FROM DAY
TO DAY UNTIL EVERY INTERESTED PARTY AND CITIZEN HAS HAD A FULL
OPPORTUNITY TO BE HEARD.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
That at 10:00 O'clock A.M., Tuesday, October 16, 1990 the City Council of the
City of Fort Worth, which is the legislative body of said City, will hold a
public hearing in the Council Chambers at the Municipal Building for the
purpose of considering changes and amendments to Ordinance No. 3011, as
amended, the Comprehensive Zoning Ordinance of said City. The purpose of
said hearing is to determine whether or not said Ordinance No. 3011, as
amended, should be amended so that the zoning classification of the following
areas shall be changed as hereinafter described.
Z-90-112 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE
CITY OF FORT WORTH, BEING ORDINANCE NO. 3011, AS AMENDED, CODIFIED
AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, TEXAS
(1986), AS AMENDED, BY ADDING PROVISIONS TO SECTION 18,
SUBSECTION E, REGULATING THE LOCATION OF BARS IN "F" AND "G"
COMMERCIAL DISTRICTS, TO REQUIRE THE TERMINATION OF CERTAIN LEGAL
NONCONFORMING USES, TO ALLOW THE ZONING BOARD OF ADJUSTMENT TO
GRANT SPECIAL EXCEPTIONS FOR CERTAIN BARS IN "F" AND "G" COMMERCIAL
DISTRICTS, AND TO PERMIT THE ZONING BOARD OF ADJUSTMENT TO EXTEND
THE PERIOD FOR TERMINATION OF CERTAIN LEGAL NONCONFORMING USES; BY
REVISING SECTION 20 OF ORDINANCE NO. 3011 TO PERMIT THE ZONING
BOARD OF ADJUSTMENT TO GRANT SPECIAL EXCEPTIONS FOR CERTAIN BARS IN
"F" AND "G" DISTRICTS; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR
PUBLICATION IN PAMPHLET FORM; PROVIDING A PENALTY; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
Z-90-121 AN ORDINANCE AMENDING ORDINANCE NO. 3011, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, TEXAS,
CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH
(1986), AS AMENDED, BY AMENDING SECTION 17, NON -CONFORMING USE
REGULATIONS; BY AMENDING SECTION 20 - BOARD OF ADJUSTMENT BY
PROVIDING THE BOARD OF ADJUSTMENT THE POWER TO TERMINATE AND
AMORTIZE NON -CONFORMING USES; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR
PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
That the proposed amendments and changes at this hearing will be considered
in accordance with the provisions of Chapter 211 of the Texas Local
Government Code.
BE IT FURTHER RESOLVED that this Resolution, when published in the official
newspaper of the City of Fort Worth, which is a paper of general circulation,
one (1) time, shall constitute a notice of hearing, which publication shall
be made at least fifteen (15) days prior to such hearing, and all interested
parties are urgently requested to be in the Council Chambers at the Municipal
Building at the time hereinabove set forth to make any protest or suggestion
that may occur to them, and this hearing may continue from day to day until
every interested party and citizen has had a full opportunity to be heard.
Minutes of City Council Q-3 Page 61
N
TUESDAY, SEPTEMBER 25, 1990
etition for disannex- There was presented Mayor and Council Communication No. OCS-183 from the Office of
tion insufficient the City Secretary submitting to the City Council the report of the City Secretary as
to her findings regarding the petition for disannexation of 130 acres of land allegedly
previously annexed by Ordinance No. 3308, which petition was presented to the City
Secretary on August 7, 1990, as follows:
SEPTEMBER 21, 1990
The Honorable Mayor and
Members of the City Council
City of Fort Worth, Texas
Dear Mesdames Granger and Webber and Gentlemen:
BACKGROUND INFORMATION
On August 7, 1990, a petition was presented for the disannexation of
land located within the city limits of the City of Fort Worth, as follows:
Abstract 423, Tract 1CO2
Abstract 423, Tract 1AIA and 1Al
Lot 1, Block 1, J.C. Williams Addition
Lot 1, Block 1, Friend Addition
Lot 1, Block 2, Friend Addition
Lot 2, Block 1, Friend Addition
Lot 3, Block 2, Friend Addition
A copy of the subject document is attached hereto for the City Council's
review.
According to the submitted document, the total acreage petitioned for
disannexation is approximately 130 acres and the property allegedly was
annexed by Ordinance No. 3308 on February 21, 1955.
Section 43.141(a) of the Texas Local Government Code states that a
majority of the qualified voters of an annexed area may petition the
governing body of the municipality to disannex the area if the municipality
fails or refuses to provide services or to cause services to be provided to
the area within the period specified by Section 43.056 or by the service plan
prepared for the area under that section. It is important to note that the
submitted document does not mention that disannexation is being requested
because of an alleged failure on the part of the City of Fort Worth to
provide services, although a copy of Section 43.141 was attached to the
document.
ITEMS TO BE VERIFIED
Section 43.141 of the Texas Local Government Code contains several
stipulations which require verification by the City Secretary as to the
adequacy of a petition for disannexation for failure to provide services, as
follows:
1. The petition must be signed by a majority of the qualified voters
of an annexed area;
2. The petition must be written;
3. The petition must request disannexation;
4. The petition must be signed in ink or indelible pencil by the
appropriate voters;
5. The petition must be signed by each voter as that person's name
appears on the most recent official list of registered voters;
6. The petition must contain a note made by each voter stating the
person's residence address and the precinct number and voter
registration number that appear on the person's voter registration
certificate;
7. The petition must describe the area to be disannexed and have a
plat or other likeness of the area attached;
8. The petition must be presented to the secretary of the
municipality;
9. Before the petition is circulated among the voters, notice of the
petition must be given by posting a copy of the petition for 10
days in three public places in the annexed area and by publishing a
copy of the petition once in a newspaper of general circulation
serving the area before the 15th day before the date the petition
is first circulated; and
10. Proof of the posting and publication must be made by attaching to
the petition presented to the secretary (1) the sworn affidavit of
any voter who signed the petition, stating the places and dates of
the posting, and (2) the sworn affidavit of the publisher of the
newspaper in which the notice was published, stating the name of
the newspaper and the issue and date of publication.
Section 43.141 further states that the City Council has 60 days from he date
of receipt of the petition to act on the disannexation request.
Minutes of City Council Q-3 Page 62
TUESDAY, SEPTEMBER 25, 1990
FINDINGS
The findings of the City Secretary regarding the petition for disannexation
presented on August 7, 1990, are as follows:
A. Insufficiency of signatures:
1. The petition contains 7 signatures.
2. According to information furnished to the Office of the City
Secretary by the Office of the Elections Administrator of Tarrant
County, three signatures are of persons who do not appear to be
registered voters and thus do not comply with Subsection (d)(4) of
Section 43.141 of the Texas Local Government Code. (See
Exhibit "A")
3. One signature is not discernible and cannot be judged as to whether
or not the person is a registered voter, although Tarrant County
Elections Administrator's Office has advised this office that the
signature probably is either that of James Hilgard Dowdy or Dolores
Young Dowdy who reside at 7732 Randol Mill Road. (See Exhibit "B")
4. None of the seven signatures on the petition are signed as the
person's name appears on the most recent official list of
registered voters, and, thus, do not comply with Subsection (d)(4)
of Section 43.141 of the Local Government Code. (See Exhibit "C")
5. Two of the signatures do not include a precinct number and, thus,
do not comply with Subsection (d)(5) of Section 43.141 of the Local
Government Code. (See Exhibit "D")
6. One signature is that of a person who is a registered voter but is
not registered to vote in the City of Fort Worth because he is a
resident of Bedford, Texas, and, thus, does not comply with
Section (a) of Section 43.141 of the Local Government Code. (See
Exhibit "E")
7. One property - Lot 3, Block 2, Friend Addition - is owned by an
individual - J.J. Williamson - who is not a registered vote in the
subject area and who resides in Azle, Texas, according to the
Tarrant Appraisal District. (See Exhibit "F");
8. Three signatures do not include a voter registration number and,
thus, do not comply with Subsection (d)(5). (See Exhibit "G")
9. Three of the seven signatures are of persons who do not reside
within the subject area, according to the Tarrant Appraisal
District. (See Exhibit "H")
B. Insufficiency of Description of Area to be Disannexed.
1. Subsection (d)(6) of Section 43.141 stipulates that a petition for
disannexation for failure to deliver services must describe the
area to be disannexed and have a plat or other likeness of the area
attached.
The document submitted to the City Secretary on August 7, 1990, describes
only by lot, block, and addition (or tract name) and does not contain a
complete metes and bounds description of the land petitioned for
disannexation. In addition, the map or plat submitted does not, in the case
of the property of Maudine Blakeman, contain the same legal description as
that on the official map of the Tarrant Appraisal District and, thus, the
City Secretary is unable to ascertain that the land belonging to this
petitioner is the same land as shown on the map of the Tarrant Appraisal
District. The Tarrant Appraisal District map does not show a Tract 1CO2 as
is indicated on the subject document for disannexation. In addition, the
land owner, Maudine Blakeman, according to property records of the Tarrant
Appraisal District, owns Tract 1C1, , Joseph C. Davis Survey, and Tract 01,
Joseph C. Davis Survey. Tract 7, J.M. Robinson Survey (2.79 acres), Tract 2,
J.M. Robinson Survey (54.62 Acres), Tract 1D, William Linn Survey (29.64
Acres) and Tract 1D1, William Linn Survey (2.77 Acres) are owned, according
to the Tarrant Appraisal District, by the Robert E. Blakeman Estate, James N.
Blakeman Executor, 1807 Mossy Oak, Arlington, Texas, and it appears these
lands owned by the Robert E. Blakeman Estate would need to be counted in the
total acreage of 130 acres petitioned for disannexation in order to come up
with a total of 130 acres. The land in Maudine Blakeman's name alone comes
to approximately 100.116 acres and these acres, together with acreage
belonging to Richard McDaniel (2.88) (who is not a resident of Fort Worth),
two acres belonging to J.C. Williams, 2.339 acres belonging to Danny Butler,
14.058 acres belonging to Dan R. Cink, (who is not a resident of Fort Worth),
1.380 acres belong to J.J. Williamson (who is not a resident of Fort Worth)
and undesignated acreage belonging to Vernon Bohannon and Dolores Young Dowdy
or James Hilgard Dowdy would need to be counted in order to come up with a
total of 130 acres. If this assumption is correct, then the signature of
James N. Blakeman, Executor of the Estate of Robert E. Blakeman, would need
to be included on the petition for disannexation and the fact is that the
signature of James N. Blakeman, executor of the estate of Robert N. Blakeman,
is not included.
There is listed on the subject document "Abstract 423 Tract 1A1A and lAl."
The Office of the City Secretary was unable to locate Tract lAlA on the
Tarrant Appraisal District map.
Minutes of City Council Q-3 Page 63
.0 I
TUESDAY, SEPTEMBER 25, 1990
C. Insufficiency of Notice of Petition
Subsection (f) of Section 43.141 requires that, before the petition is
circulated among the voters, notice of the petition must be given by posting
a copy of the petition for 10 days in three public places in the annexed area
and by publishing a copy of the petition once in a newspaper of general
circulation serving the area before the 15th day before the date the petition
is first circulated and proof of the posting and publication must be made by
attaching to the petition presented to the secretary (1) the sworn affidavit
of any voter who signed the petition, stating the places and dates of posting
and (2) the sworn affidavit of the publisher of the newspaper in which the
notice was published stating the name of the newspaper and the issue and date
of publication. It is the finding of the City Secretary that these sworn
affidavits were not attached to the petition for disannexation presented to
the City Secretary.
D. Land covered by the subject document was annexed in two phases Ordinance
No. 3308 on June 22, 1955, (Not February 21, 1955), and Ordinance No. 6714 or
October 2, 1972. The petition indicates all the land was annexed by
Ordinance No. 3308.
E. Insufficiency of Original Documentation
Section 43.141 (d)(3) of the Texas Local Government Code stipulates that
the petition for disannexation must be signed in ink or indelible pencil by
the appropriate voters. The funding of the City Secretary on this
stipulation is inconclusive in that the document submitted to the City
Secretary is only a copy of what is purported to be a petition. Original
document was not submitted; therefore, the City Secretary cannot ascertain if
the petition for disannexation was signed in ink or indelible pencil.
CONCLUSION
It is the conclusion of the City Secretary that the number of qualified
voters whose signatures appear on the subject document in accordance with the
requirements of Section 43.141(d) of the Texas Local Government Code does not
constitute a majority of the qualified voters in the subject area; and that
the document presented for the disannexation of the subject land does not
meet the requirements of Section 43.141(a), (d), and (f) of the Texas Local
Government Code.
RECOMMENDATION
If the City Council concurs with the conclusion of the City Secretary, it is
recommended that a resolution be adopted finding that the document submitted
to the City Secretary requesting the disannexation of the subject properties
be found deficient and that the request for disannexation be denied.
/S/ Ruth Howard
Ruth Howard
City Secretary
vi
EXHIBIT "A"
LIST OF PETITIONERS WHO ARE NOT REGISTERED VOTERS
1. Dan R. Cink
2. Vern Bohannon
EXHIBIT "B"
LIST OF PETITIONERS WHOSE SIGNATURE IS NOT DISCERNIBLE
1. Either James Hilgard Dowdy or Dolores Young Dowdy
EXHIBIT "C"
LIST OF SIGNATURES AND MANNER OF VOTER REGISTRATION
Signature
1.
Richard McDaniel
2.
J.C. Williams
3.
Danny Butler
4.
Maudine R. or P.
Blakeman
5.
Dan R. Cink
6.
Vern Bohannon or
Bohonnon
7.
Not discernible
- may be
Dolores Young
Dowdy or
James Hilgard
Dowdy
Registered As
Richard Neil McDaniel
James Cecil Williams
Danny Lavelle Butler
Maudine Parrish Blakeman
Not Registered
Not Registered
Unknown
Minutes of City Council Q-3 Page 64
TUESDAY, SEPTEMBER 25, 1990
EXHIBIT "D"
LIST OF SIGNATURES WHICH DO NOT CONTAIN PRECINCT NUMBER
1. Dan R. Cink
2. Vern Bohannon or Bohonnon
EXHIBIT "E"
LIST OF SIGNATURES OF PETITIONER WHO IS A REGISTERED
VOTER BUT WHO IS NOT A RESIDENT OF AREA
1. Richard McDaniel (1312 Spargercrest Drive, Bedford, Texas 76021)
EXHIBIT "F"
LIST OF PROPERTY ITEMIZED ON PETITION BUT WHOSE
OWNER DID NOT SIGN PETITION
1. J.J. Williamson (Lot 3, Block 2, Friend Addition)
not a registered voter of area; resides in Azle according to
Tarrant Appraisal District records
EXHIBIT "G"
LIST OF PETITIONERS NOT INCLUDING A VOTER REGISTRATION NUMBER
1. Don R. Cink
2. Vern Bohonnon or Bohannon
3. Dolores Young Dowdy or James Hilgard Dowdy
EXHIBIT "H"
LIST OF PETITIONERS WHO DO NOT RESIDE WITHIN THE SUBJECT
AREA ACCORDING TO TAD
1. Dan R. Cink
2. J.J. Williamson*
3. Richard McDaniel
2943 County Road 321
Ignacio, Colorado
10874 Power Squadron Road
Azle, Texas
1312 Spargercrest Drive
Bedford, Texas 76021
*Mr. Williamson did not sign the petition but his property (Lot 3, Block 2,
Friend Addition) was included in the petition
Mayor Bolen asked if there was anyone present desiring to be heard in connection
with the report of the City Secretary as to her findings of sufficiency or
insufficiency regarding the petition for disannexation of 130 acres of land in the
vicinity of Randol Mill Road. There was no one present desiring to be heard.
Resolution Adopted Council Member Garrison made a motion, seconded by Mayor Pro tempore Gilley, that
declaring petition the City Council find that the number of qualified voters whose signatures appear on
deficient and denied the document for disannexation of 130 acres in the vicinity of Randol Mill Road in
accordance with the requirements of Section 43.141(d) of the Texas Local Government
Code does not constitute a majority of the qualified voters in the subject area and
that the document presented for the disannexation of the subject land does not meet the
requirements of Section 43.141(a), (d), and (f) of the Texas Local Government Code.
When the motion was put to a vote by the Mayor, it prevailed unanimously.
There was presented Mayor and Council Communication No. OCS-184 from the Office of
the City Secretary submitting to the City Council correspondence from Deputy City
Attorney William W. Wood submitting a resolution and recommending that the resolution
be adopted declaring that the document purporting to be a petition for disannexation
presented to the City Secretary on August 7, 1990, be found deficient and that the
request for disannexation be denied. On motion of Council Member Granger, seconded by
Mayor Pro tempore Gilley, the recommendation was adopted.
Council Member Granger introduced a resolution and made a motion that it be
adopted. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying
with it the adoption of said resolution, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison,
Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: Council Member Zapata
The resolution, as adopted, is as follows:
Minutes of City Council Q-3 Page 65
TUESDAY, SEPTEMBER 25, 1990
solution Flo. 1671 11 RESOLUTION NO. 1671
DECLARING THE INSUFFICIENCY OF A PETITION FOR DISANNEXATION OF
APPROXIMATELY 130 ACRES OF LAND ORIGINALLY ANNEXED UNDER CITY
ORDINANCE NO. 3308.
WHEREAS, on August 7, 1990, the attached petition for disannexation was
presented to the City Secretary and received by the City Council of the City
of Fort Worth, requesting disannexation from the City of approximately 130
acres of land originally annexed under City Ordinance No. 3308; and
WHEREAS, in order for the City Council to have jurisdiction to consider
the petition for disannexation and to vote on the request contained in said
petition, the petition must comply with the requirements of Section 43.141 of
the Texas Local Government Code of 1987, V.T.C.S.; and
WHEREAS, after investigation and report by the City Secretary to the
City Council as to the sufficiency or insufficiency of said petition, it is
the conclusion of the City Council that the petition for disannexation does
not comply with the requirements of Section 43.141 of the Texas Local
Government Code of 1987, V.T.C.S., the specific reasons for non-compliance
being set forth in the report presented by the City Secretary to the City
Council; and
WHEREAS, because the petition for disannexation does not comply with the
express requirements of Section 43.141 of the Texas Local Government Code of
1987, V.T.C.S., the City Council of the City of Fort Worth finds that said
petition is insufficient to give the City Council the jurisdiction and
authority to consider the request contained therein; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS,
that the petition for disannexation of approximately 130 acres of land
originally annexed under City Ordinance No. 3308, as presented to the City
Secretary and received by the City Council on August 7, 1990, does not comply
with Section 43.141 of the Texas Local Government Code of 1987, V.T.C.S., for
the reasons set forth in the attached report of the City Secretary.
BE IT FURTHER RESOLVED that the attached report prepared and presented
by the City Secretary to the City Council, and the findings and conclusion
contained therein, are hereby adopted by the City Council as its findings and
conclusions with respect to the insufficiency of the attached petition for
disannexation of approximately 130 acres of land originally annexed under
City Ordinance No. 3308.
NOES: None
ABSENT: Council Member Zapata
The resolution, as adopted, is as follows:
esolution No. 1672 RESOLUTION NO. 1672
WHEREAS, on February 13, 1990, the City Council approved M&C G-8460
retaining the law firm of Gandy, Michener, Swindle, Whitaker and Pratt (the
"law firm") to represent the City in various workers' compensation hearing
loss cases; and
WHEREAS, the City Council fixed by resolution the sum of $65,000 as
compensation to be paid to the law firm for its services in these cases; and
WHEREAS, the law firm has presented to the City its bills in the amount
of $65,000.00 for services rendered from February 13, 1990, through July 31,
1990; and
Minutes of City Council Q-3 Page 66
(Attachments referred to in Resolution No. 1671 are contained in full in the Council
Preceedings File of this date and are incorporated herein by reference thereto the same
as if copies herein in full and are the same documents as spread out in Mayor and
Council Communication No. OCS-183.)
Resolution No.
There was presented Mayor and Council Communication No. G-8810 from the City
,dopted
672 increasing funds
Manager stating that the City Council on February 13, 1990, retained the law firm of
or legal services in
Gandy, Michener� Swindle, Whitaker and Pratt to represent the City of Fort Worth in
orker's compensation
various workers compensation hearing loss cases; that the City Council fixed in
earing loss cases
advance by resolution the sum of $65,000.00 as the amount to be paid the firm for
handling these cases; that the City has received statements from the law firm in the
amount of $65,000.00 for said legal services; stating that funds are available in
Workers' Compensation Insurance Fund FE73, Center No. 157310, Account No. 534600; and
recommending that a resolution be adopted increasing the total amount authorized to be
paid to the law firm for handling these cases to $100,000.00. It was the consensus of
the City Council that the recommendation be adopted.
Mayor Pro tempore Gilley introduced a resolution and made a motion that it be
adopted. The motion was seconded by Council Member Meadows. The motion, carrying with
it the adoption of said resolution, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison,
Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: Council Member Zapata
The resolution, as adopted, is as follows:
esolution No. 1672 RESOLUTION NO. 1672
WHEREAS, on February 13, 1990, the City Council approved M&C G-8460
retaining the law firm of Gandy, Michener, Swindle, Whitaker and Pratt (the
"law firm") to represent the City in various workers' compensation hearing
loss cases; and
WHEREAS, the City Council fixed by resolution the sum of $65,000 as
compensation to be paid to the law firm for its services in these cases; and
WHEREAS, the law firm has presented to the City its bills in the amount
of $65,000.00 for services rendered from February 13, 1990, through July 31,
1990; and
Minutes of City Council Q-3 Page 66
67
- TUESDAY, SEPTEMBER 25, 1990
WHEREAS, it is necessary to increase to $100,000.00 the total amount of
compensation authorized to be paid to the law firm for handling these cases;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
That the total compensation to be paid to the law firm of Gandy,
Michener, Swindle, Whitaker and Pratt for their services in handling workers'
compensation hearing loss cases be increased to $100,000.00.
Settlement of Claim There was presented Mayor and Council Communication No. G-8811 from the City
Manager stating that the case of Dora Taylor and David Taylor versus the City of Fort
Worth, et al., Cause No. 348-111749-88, arrises out of a March 25, 1986, motor vehicle
accident which occurred in the 7900 Block of North Beach Street; that, as a result of
the collision, three teenage passengers in the vehicle driven by Mr. Kalif a were
injured fatally; that Mr. Kalifa was the subject of criminal prosecutions arising out
of the incident; that the contentions against the City of Fort Worth in this case
consist of allegations that the condition of the roadway caused or contributed to the
accident; that, if approved, the settlement will result in the City paying $12,000.00
to the plaintiffs and their attorney, and further paying only those taxable court
costs, if any, which have been incurred by the City; stating that funds are available
in Fund 71, Account No. 15-71-20, Index No. 399188; and recommending that the payment
of $12,000.00 be authorized in the settlement of all claims against the City in Cause
No. 348-111749-88, Dora Taylor and David Taylor versus the City of Fort Worth, et al.
and authorize appropriate City personnel to execute the documents necessary to complete
such settlement. It was the consensus of the City Council that the recommendation be
adopted.
Settlement of Claim There was presented Mayor and Council Communication No. G-8812 from the City
Manager stating that the City Council approved the settlement of lawsuit styled Rosie
Sanders Garrett versus Ray Thomas and the City of Fort Worth, Cause No. 153-120590-89
by Mayor and Council Communication No. G-8797 and authorized and approved a mutual
release of claims as between the City and Ray Thomas, another Defendant in the subject
suit; that it now has been requested that the mutual release be extended to include a
mutual release of claims between the City and Allstate Insurance Company, Mr. Thomas'
insurance carrier; and recommending that, in addition to all settlement terms and
authorizations approved and authorized in Mayor and Council Communication No. G-8797,
the City Council authorize the appropriate City personnel to execute a release of all
claims against Allstate Insurance Company arising out of the subject matter of the
referenced lawsuit. It was the consensus of the City Council that the recommendation
be adopted.
There was presented Mayor and Council Communication No. G-8813 from the City
Settlement of Claim Manager stating that Ms. Margaret Pette filed a lawsuit for personal injuries she
allegedly received on September 6, 1985, at the Fort Worth Water Gardens; that, while
admitting no liability in this matter, the Departments of Law and Risk Management
negotiated with Ms. Pette's attorneys and have agreed to a settlement of $60,000.00
pending approval by City Council; stating that funds are available in Fund FE71, Center
No. 0157120, Account No. 534050; and recommending that the City Council approve
settlement of all claims in the lawsuit filed by Margaret Pette and authorize the City
Manager to expend the total sum of $60,000.00 plus court costs for the settlement
agreed to by Ms. Pette and her attorneys. It was the consensus of the City Council
that the recommendations be adopted.
There was presented Mayor and Council Communication No. G-8814 from the City
Settlement of Claim Manager stating that Mr. Rogelio Beltran filed a claim for personal injuries and
property damage he allegedly sustained on March 7, 1989, at 3500 Columbus as a result
of being struck by a City vehicle; that, while admitting no liability in this matter,
the Risk Management Department has negotiated with Mr. Beltran through his attorney and
has agreed to a settlement of $6,000.00 subject to City Council approval; stating that
funds are available in Fund FE71, Center No. 0157110, Account No. 534030; and
recommending that the City Council approve the settlement of the claim filed by Rogelio
Beltran and authorize the City Manager to expend the sum of $6,000.00 for the
settlement agreed to by Mr. Beltran, his attorney, and the City of Fort Worth. It was
the consensus of the City Council that the recommendation be adopted.
Transfer to General There was presented Mayor and Council Communication No. G-8815 from the City
Fund Manager stating that, during negotiations with American Airlines regarding its decision
to locate its maintenance base at Alliance Airport, City officials represented to
American that all landing fees, access fees, or other fees for use of the airport would
be waived; that a subsequent F.A.A. ruling precluded the waiver of airport -related
fees; that, as an alternative, the City agreed to grant American an equal amount of
building permit fees, construction or fire inspection fees or similar fees; that the
City sought to establish a "special credit account" in the amount of $2,000,000.00 on
the City's books for the use and benefit of American by Mayor and Council Communication
No. G-8194, dated August 29, 1989; that, accordingly, during the ensuing period from
August 1989 until September 1990, $338,644.94 has accumulated for construction fees
with the City's Development Department; that no provision was established in the
referenced Mayor and Council Communication for the source of the funds for the special
account; and recommending that the City Council:
1. Adopt a supplemental appropriations ordinance increasing appropriations
by $350,000.00 in General Fund GGO1, Non -Departmental - Special
Transfers Center No. 0909102 and decreasing the Unreserved, Undesignated
fund balance of the General Fund by the same amount; and
Minutes of City Council Q-3 Page 67
M
TUESDAY, SEPTEMBER 25, 1990
2. Approve the transfer of $350,000.00 from General Fund GGO1,
Non -Departmental - Special Transfers Center No. 0909102 to the General
Fund GG01, Credit Account No. 203007, American Airlines Drawing Account.
It was the consensus of the City Council that the recommendations be adopted.
Supplemental Appropri - Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
tions Ordinance Intro adopted. The motion was seconded by Council Member Meadows. The motion, carrying with
duced it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison,
Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: Council Member Zapata
The ordinance, as adopted, is as follows:
Ordinance No. 10675
ORDINANCE NO. 10675
AN ORDINANCE APPROPRIATING $350,000.00 IN GENERAL FUND GG01,
NON -DEPARTMENTAL -SPECIAL TRANSFERS CENTER NO. 0909102 AND
DECREASING THE UNRESERVED, UNDESIGNATED FUND BALANCE OF THE GENERAL
FUND BY THE SAME AMOUNT FOR THE PURPOSE OF PROVIDING FUNDS TO
RECORD CITY'S COMMITMENT TO WAIVE CERTAIN FEES FROM AMERICAN
AIRLINES; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 5.
This ordinance shall take effect and be in full force and effect from
and after the date of this passage, and it is so ordained.
Donation of Bicycles There was presented Mayor and Council Communication No. G-8816 from the City
Manager stating that the Police Department, Bike Squad, received from the Seattle
Police Department two new Raleigh U.S.A. Bicycles to be used by the unit while
performing their routine duties; that the Seattle Police Department donated these two
bicycles in appreciation for the role of the Fort Worth Police Department in assisting
other police departments throughout the nation in establishing Bike Units; and
recommending that the City Council accept the donation of two Raleigh U.S.A. Bicycles
from the Seattle Police Department for use by the Police Department's Bike Squad. It
was the consensus of the City Council that the recommendation be adopted.
Resolution for con- There was presented Mayor and Council Communication No. G-8817 from the City
tinued participation Manager stating that the Area Metropolitan Ambulance Authority was created in 1988 to
in AMAA address the problems of emergency medical service in Tarrant County; that, in creating
the authority, certain assumptions were made regarding collection rates, service
demands, and medicare/medicaid reimbursements; that a variety of factors, including the
large number of indigent users transported to John Peter Smith Hospital and the
inability to increase medicare profiles thus far, have resulted in a projected deficit
of approximately $3,450,000.00 for fiscal year 1990-91; that, given the serious
business problems of the Authority, the staffs of the member cities met to discuss
alternative business plans necessary to assure the viability of the AMAA and a
continuation of the state of the art emergency medical system in the 14 member cities;
that, after considerable discussion of available options, a financing plan was
selected; that the City of Fort Worth's per capita subsidy assessment of $1,831,907.00
is in addition to the annual operating subsidy of $1,188,287.00 which the City provides
the AMAA; and recommending that the City Council adopt the attached resolution which
affirms the City of Fort Worth's participation in the Area Metropolitan Ambulance
Authority (AMAA) for the 1990-91 fiscal year, and also modifies the Price Subsidy
Option provision in the interlocal agreement to reflect the following:
1. The member cities of the AMAA agree to pay a $4.07 per capita
operational subsidy assessment to the AMAA based on North Central Texas
Council of Governments population projections. This subsidy totals
$1,831,907.00 for Fort Worth. This subsidy is in addition to the
present subsidy of $1,188,287.00.
2. The user fee for ambulance service will be set at the non -subsidized
rates permitted under the interlocal agreement. This rate is $443.95.
It was the consensus of the City Council that the recommendations be adopted.
Mayor Pro tempore Gilley introduced a resolution and made a motion that it be
adopted. The motion was seconded by Council Member Meadows. The motion, carrying with
it the adoption of said resolution, prevailed by the following vote:
Minutes of City Council Q-3 Page 68
TUESDAY, SEPTEMBER 25, 1990
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison,
Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: Council Member Zapata
The resolution, as adopted, is as follows:
Resolution No. 1673 II RESOLUTION NO. 1673
WHEREAS, The City Council of the City of Fort Worth approved the
necessary ordinance and the interlocal agreement to become a member of the
Area Metropolitan Ambulance Authority, and;
WHEREAS, the Area Metropolitan Ambulance Authority operating under the
Medstar trade name, provides a high quality emergency medical services system
within the authority services area, and;
WHEREAS, the Authority is facing severe financial problems which will
adversely affect the quality of service in the service area, and;
WHEREAS, factors including the cost of alternate service and reduced
emergency medical service system standards for the City of Fort Worth have
been reviewed, and;
WHEREAS, the AMAA Board of Directors has developed and presented a
Subsidy Assessment Plan which will provide equitable treatment for the City
of Fort Worth, and;
WHEREAS, the City Council of the City of Fort Worth has determined that
it is in the best interest of the health, safety and welfare of citizens of
the City of Fort Worth to agree to certain amendments to the interlocal
agreement;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fort
Worth that the Price Subsidy Option provision in the interlocal agreement is
temporarily modified effective October 1, 1990, through September 30, 1991,
to reflect the following:
a. The City of Fort Worth will agree to pay a $4.07 per capita subsidy
assessment to AMAA based upon the North Central Texas Commission of
Governments population projections. The amount paid shall not exceed
$1,831,907 and will be made no less often than quarterly, beginning on
or about October 1, 1990.
b. The City of Fort Worth agrees to permit the user fee to be set at the
non -subsidized rates permitted under the interlocal agreement at $443.95
in addition to the $4.07 per capita subsidy agreement beginning on or
about October 1, 1990.
c. The City of Fort Worth acknowledges that this proposed subsidy
assessment is limited to fiscal year 1990-91 and therefore is not
subject to the annual 10% reduction limitation set forth in the
interlocal agreement.
d. The City of Fort Worth acknowledges that other than these specific
amendments, the Interlocal Agreement and Uniform Emergency Medical
Service Ordinance remains in full force and effect.
Payment of City's There was presented Mayor and Council Communication No. G-8818 from the City
assessed allocation Manager stating that Tarrant Appraisal District works on a calendar year; that Mayor
of the TAD's 1990 and Council Communication No. G-8359 approved payment of $1,070,271.00 to TAD which
budget covered the 9 -month period from January 1, through September 30, 1990; that a new
allocation is required because of the new fiscal year; stating that funds are available
in General Fund GG01, Center No. 0905700, Account No. 531200; and recommending that the
City Council authorize payment in an amount not to exceed $356,756.88 for the City of
Fort Worth's assessed allocation of the Tarrant Appraisal District's 1990 budget for
the months of October, November, and December 1990. It was the consensus of the City
Council that the recommendation be adopted.
Payment of City's shal.e There was presented Mayor and Council Communication No. G-8819 from the City
of reasability Study Manager stating that the City Council authorized the City Manager to execute the
Trinity River Corridor Interlocal Agreement "In Pursuit of a Common Vision" on May 22,
1990, with the North Central Texas Council of Governments for the Upper Trinity Basin
Feasibility Study; that the study is funded 50 percent by the Federal Government, 25
percent by the Texas Water Development Board, and 25 percent by the local governments;
that the Steering Committee of elected officials from the sponsoring local governments
has agreed to a cost-sharing formula for the first 13 months of the study which covers
the remainder of fiscal year 1990 and fiscal year 1991; that the City of Fort Worth's
share under that funding formula is $60,634.00 for the 13 months beginning September 1,
1990; stating that funds are available in General Fund GGO1, Center No. 0208001,
Account No. 523010; and recommending that the City Council authorize payment of
$60,634.00 as the City of Fort Worth's share of the Feasibility Study of the Upper
Trinity Basin for the remainder of Fiscal Year 1990 and Fiscal Year 1991 (13 months),
Minutes of City Council Q-3 Page 69
poi ntment of Ms. Lor
hl and Oscar Steuart
Fire righters' &
lice Officers' Civil
rvice Commission
ted Ordinance
ing Garbage fees
TUESDAY, SEPTEMBER 25, 1990
pursuant to the Trinity River Corridor Interlocal Agreement. It was the consensus of
the City Council that the recommendation be adopted.
lee There was presented Mayor and Council Communication No. G-8821 from the City
Manager recommending that the City Council approve, confirm, and ratify his appointment
of Ms. Loralee Pohl and the reappointment of Mr. Oscar Stewart to the Fire Fighters'
and Police Officers' Civil Service Commission, effective October 1, 1990. On motion of
Council Member Garrison, seconded by Council Member Meadows, the recommendation was
adopted.
There was presented Mayor and Council Communication No. G-8822 from the City
Manager, as follows:
SUBJECT: GARBAGE COLLECTION FEES
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance
amending the garbage collection fee schedule as follows effective October 1,
1990.
SERVICE
CURRENT RATE PROPOSED RATE
Residential
Curbside $ 6.85 $ 8.85
Elective Carryout $25.00 $32.25
Commercial
Hand loaded $ 8.49 $ 10.95
3 -yard containers $89.74 $115.75
RACKGRnIIND!
On October 1, 1982, the Solid Waste Enterprise Fund was established and all
solid waste management operations began to be totally funded through service
fees established for garbage collection and waste disposal. Prior to
establishing solid waste management as an enterprise fund, funding for solid
waste management was derived from payment of fees by customers for garbage
collection and a subsidy from the General Fund. Since the Solid Waste Fund
was created, fees have been established and changed as follows:
DATE FEES
October 1, 1982 $5.50
October 1, 1984 $6.10
September 1, 1986 $6.35
October 1, 1989 $6.85
nPgr1l'! (MN -
The primary reason for the significant increase in garbage collection fees
this year is that since FY 1985/86, despite the $.25 increase in FY 1986/87
and the $.50 increase in FY 1989/90, there has been heavy reliance on the
Solid Waste Fund Balance to pay for solid waste management operations.
Monies in fund balance have been budgeted and used each year since FY 1985/86
to provide services and minimize any fee increases. Fund balance has been
used as follows:
YEAR AMOUNT
1985/86
$ 19,689
1986/87
$ 401,123
1987/88
$ 164,462
1988/89
$ 718,410
1989/90
$1,983,900
The current level of the Solid Waste Fund Balance is not enough to continue
to finance Solid Waste Management operations. The recommended fee increase
will provide sufficient revenue to finance solid waste management operations
in FY 1990/91 without having to rely on fund balance.
The proposed fee increase has been reviewed by the City Council Rates
Committee and the City Council as a whole during recent 1990/91 budget
hearings.
FINANCING:
Revenues will be deposited in PE64, Solid Waste.
On motion of Mayor Pro tempore Gilley, seconded by Council Member Chappell, the
recommendation, as contained in Mayor and Council Communication No. G-8822, was
adopted.
Minutes of City Council Q-3 Page 70
. TUESDAY, SEPTEMBER 25, 1990
Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
adopted. The motion was seconded by Council Member Chappell. The motion, carrying
with it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison,
Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: Council Member Zapata
The ordinance, as adopted, is as follows:
Ordinance No. 10676 ORDINANCE NO. 10676
AN ORDINANCE AMENDING CHAPTER 14, "GARBAGE", OF THE CODE OF THE
CITY OF FORT WORTH (1986), AS AMENDED, WHICH CHAPTER REGULATES
SOLID WASTE COLLECTION, FEES AND DISPOSAL, BY AMENDING
SECTION 14-24 BY INCREASING THE PRESCRIBED UNIFORM FEES FOR
RESIDENTIAL REFUSE COLLECTION, BY AMENDING SECTION 14-25 BY
INCREASING THE PRESCRIBED UNIFORM FEES FOR COMMERCIAL REFUSE
COLLECTION; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
PRIOR ORDINANCES AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
PROVIDING A SEVERABILITY CLAUSE; PRESERVATION OF RIGHTS AND
REMEDIES FOR ACCRUED VIOLATIONS AND PENDING LITIGATION; PROVIDING A
PENALTY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
Proposed changes to
There was presented Mayor and Council Communication No. G-8823 from the City
Water and Wastewater
Manager stating that, as a result of the state law (Senate Bill 336) on impact fees,
Extension Policy
The Water and Wastewater Extension Policy required extensive modification; that the
primary changes in the policy concern the cost participation between the City and the
developer; that, because of the process of adopting new impact fees based on the state
law, it was necessary to change the extension policy to eliminate all charges which
would be classified as impact fees; that, after meeting with the Developer Policy
Advisory Committee on May 11, June 7, and July 10, the Committee expressed no objection
to the proposed changes in The Water and Wastewater Extension Policy, provided that a
procedure was added which would provide for a developer to request a variance to the
policy; that, due to the -1 ack of a quorum at the last meeting, the Development Policy
Advisory Committee was unable to vote to recommend approval of the proposed changes in
the Water and Wastewater Extension Policy but the Committee has reviewed the proposed
policy and agrees with it's contents; and recommending that the City Council approve
the proposed changes to the water and wastewater extension policy outlined in the
summary. On motion of Mayor Pro tempore Gilley, seconded by Council Member Garrison,
the recommendation was adopted. (The Water and Wastewater Extension Policy is included
in the Council Proceedings File of this date and is incorporated herein by reference
thereto the same as if copied herein in full.)
There was presented Mayor and Council Communication No. G-8824 from the City
Proposed fee schedule
Manager, as follows:
to recover cost for
services for Water De
t SUBJECT: PROPOSED FORT WORTH WATER DEPARTMENT LABORATORY FEES
RECOMMENDATION:
It is recommended that the City Council approve the fee schedule outlined
below for use by the Fort Worth Water Department Laboratories to recover
costs for services provided to other entities, effective October 1, 1990.
FIMIUM.11111M
As state and federal regulations increase, so do the demands for laboratory
services. To continue at the present level of service, the laboratories must
recover their costs for services provided to other agencies and entities
outside the Water Department.
Outlined below is the proposed 1990-91 Laboratory Services Fee Schedule, to
become effective October 1, 1990. The fees have been determined by the
actual current supply, labor, equipment and indirect costs incurred by the
laboratories.
The fee schedule is a means of tracking the laboratory's cost for providing
service to the water and sewer wholesale customers, which is an important
factor in the calculation of annual water and sewer rates.
Attached is a comparison study of the proposed Fort Water Department fees and
those of other entities, both governmental and private.
Revenue derived from these fees will be recorded in the Water and Sewer
Operating Fund 45.
CHEMICAL ANALYSES - WATER/WASTEWATER
PARAMETER FEE PARAMETER FEE
Acidity $ 6.00 Nitrogen, Kjeldahl Total $17.00
Alkalinity 6.00 Oil & Grease,
Minutes of City Council Q-3 Page 71
TUESDAY, SEPTEMBER 25, 1990
BOD, 5 -day (System Cost)
16.00
Partition/Gravimetric
$20.00
BOD, 5 -day (Industry)
27.00
Oil & Grease, Hydrocarbon
$40.00
BOD, 20 -day
18.50
Oil & Grease, Sludge
$38.00
Chemical Oxygen Demand
10.50
Oil & Grease, Soxhlet
$24.00
Chloride
7.00
pH
$ 3.50
Chlorine Residual
4.00
Phenol
$21.00
Color
3.00
Phosphorus, Total
$ 8.00
Conductance
3.00
Phosphorus, Ortho
$ 8.00
Cyanide (Amenable to
31.00
Solids, Total
$ 7.00
Chlorination)
Solids, Total Dissolved
$ 7.00
Cyanide, Total
28.00
Solids, Total Suspended
$ 7.00
Fluoride, Total
7.00
Solids, Volatile Suspended
$ 8.00
Hardness, Total
4.50
Specific Gravity
$ 5.00
Nitrogen, Organic
36.00
Sulfate
$ 7.00
Nitrogen, Ammonia
7.00
Sulfide, Hydrogen
$ 4.00
Nitrogen, Nitrate
8.00
Total Organic Carbon
$13.00
Nitrogen, Nitrite
7.00
Turbidity
$ 3.00
Volatile Organic Acids
$12.00
Sample Preparation: Add
for Special
Treatment per Sample
$20.00
METAL ANALYSES - WATER/WASTEWATER
METAL FEE
All Metals (System Cost) $12.00 (per each metal requested)
All Metals (Industry) 14.00 (per each metal requested)
Sample Preparation: Add for Special Treatment per Sample $20.00
MICROBIOLOGICAL ANALYSES - WATER/WASTEWATER
PARAMETER
$ 46.00
FEE
PARAMETER
FEE
Chlorophyll a
Organohalide Pesticides/
$16.50
Heterotrophic Plate Count
$ 6.00
6.00rophyll & Pheophytin
508
16.50
Bacteriological,
$35.00
Coliform, Fecal
(MF)
9.00
Confirmation
99.00
Coliform, Total
(MF)
9.00
Microscopic, General
$15.00
Coliform, Total
(P -A)
9.50
Microscopic, Algae
$15.00
Streptococcus,
Fecal (MF)
9.00
Organochlorine Pesticides/
248.00
ORGANIC ANALYSES (GC) - WATER/WASTEWATER
PARAMETER
FEE
501.2 Trihalomethanes
$ 46.00
504
EDP & DBCP
208.00
505
Organohalide Pesticides/
248.00
Hydrofluosilicic Acid
PCBs
Lime
508
Chlorinated Pesticides
243.00
515
Chlorinated Herbicides
243.00
601
Purgeable Halocarbons
99.00
602
Purgeable Halocarbons
84.00
603
Acrolein & Acronitrile
81.00
604
Phenols
201.00
606
Phthalate Esters
208.00
608
Organochlorine Pesticides/
248.00
PCBs
609
Nitroaromatics
203.00
610
Polynuclear AR
207.00
Hydrocarbons
612
Chlorinated Hydrocarbons
208.00
Sample Preparation: Add for Special Treatment per Sample
SPECIAL ANALYSES - WATER/WASTEWATER
PARAMETER FEE
Alum (Liquid)
$ 22.50
Activated Carbon
22.50
Ferric Sulfate (Liquid)
13.00
Ferric Sulfate (Granular)
13.00
Hydrofluosilicic Acid
11.00
Lime
13.00
Soda Ash
13.00
Sodium Hydroxide
11.00
Langelier Index
21.00
Coagulant Jar Test
37.00
Flavor Profile Analysis,
127.00
Water Production/Taste and
Odor Examination
Minutes of City Council Q-3 Page 72
73
TUESDAY, SEPTEMBER 25, 1990
SAMPLE COLLECTION - WATER/WASTEWATER
SAMPLING FEE
Grab Sample Pick-up $25.00
(System Cost)
Grab Sample Pick-up 50.00
(24-hour Demand)
Composite Sample/24 hrs 75.00
Installation and Removal
DATA SUBSCRIPTION - WATER/WASTEWATER
SUBSCRIPTION FEE
FORT WORTH MUSEUM OF SCIENCE AND HISTORY
FUNDING REQUEST FROM OCCUPANCY TAX
TO CITY OF FORT WORTH
Fiscal Year 1991 Budget
Professional Fees
Includes external audit, IRS reporting,
actuarial and legal services, other
consulting and honorariums.
Minutes of City Council Q-3 Page 73
$ 21,700
ANNUAL $36.00
MONTHLY 5.00
(Per Each Report Requested)
It was the consensus of the City Council that the recommendation, as contained in Mayor
and Council Communication No. G-8824, be adopted.
Approved 90'-91 bud-
There was presented Mayor and Council Communication No. G-8825 from the City
gets Hotel/Motel Tax
Manager stating that the 71st Legislature passed legislation (H.B. 1023) which amends
Allocators
Section 351.101 of the state Tax Code regarding use of hotel/motel tax revenues; that,
by adopting the City's 1990-91 budget, the Council approved the total amount of funds
going to each entity receiving hotel/motel tax revenues; that, with the amendment of
the Tax Code, the Council must approve the budgets for the expenditure of those funds;
submitting the proposed budgets of the Fort Worth Convention and Visitors Bureau,
Modern Art Museum of Fort Worth, Fort Worth Museum of Science and History, Arts Council
of Fort Worth and Tarrant County, and International Sister Cities Association of Fort
Worth; and recommending that the City Council approve the 1990-91 budgets submitted by
the organizations to which the City allocates revenues from the Hotel/Motel Tax, as
required by state law, and as follows:
FORT WORTH CONVENTION & VISITORS BUREAU
PROPOSED BUDGET
For the Fiscal Year 1990-91
(As Approved by the Executive Committee last August 20, 1990)
Advertising & Promotions:
Advertising $ 312,613
Printed Promotional Materials 77,900
Publicity 25,200
Sales Promotions 109,725
Sales Representations (See Note 1) 52,500
Sub -Total $ 577,938
City Conference Commitments $ 0
Community Commitments 326,500
Contingency Reserve (See Note 2) 16,000
Dues & Subscriptions 21,469
Entertainment / Community Involvement 14,180
Equestrian Center Marketing 63,500
Equipment / Furniture & Fixtures
Computer 39,950
Office Equipment / Furniture 3,000
External Services (Audit & Legal Fees) 5,500
Insurance (See Note 2) 72,495
Lodging & Travel 66,950
Office / Auto Lease & Maintenance
Auto Leases / Maintenance 14,450
Office Equipment Lease / Maintenance 16,600
Office Accommodations 65,700
Office Supplies 21,125
Payroll - Regular 607,651
Payroll - Part -Time 21,700
Payroll Taxes 54,703
Pension Plan 63,165
Postage / Telephone / Shipping 85,130
Professional Development 2,600
Research / Special Projects 7,500
TOTAL $2,167,806
FORT WORTH MUSEUM OF SCIENCE AND HISTORY
FUNDING REQUEST FROM OCCUPANCY TAX
TO CITY OF FORT WORTH
Fiscal Year 1991 Budget
Professional Fees
Includes external audit, IRS reporting,
actuarial and legal services, other
consulting and honorariums.
Minutes of City Council Q-3 Page 73
$ 21,700
r'y,1
TUESDAY, SEPTEMBER 25, 1990
Supplies 22,000
Covers a portion of custodial supplies.
Telephone
8,000
Covers a portion of telephone costs, which
have increased dramatically because of the
necessity to expand service to handle
public inquiries.
Postage
9,000
Covers approximately 20% of total costs.
Utilities
70,000
Covers approximately 27% of total costs.
Printing and Promotion
122,000
This request covers a portion of costs
for Omni brochures, press materials,
museum brochures, maps, event schedules,
market research and advertising.
Books and Equipment 742
Includes research and curriculum materials.
Insurance and Bonding 10,000
Covers part of commercial general liability,
autos, contents, exhibits, fidelity, etc.
Repair and Maintenance 57,000
45,000 of this amount is for maintenance
of the Omni theater equipment. The remainder
is for general maintenance throughout the
museum.
Film Rentals 90,000
Although several films will be shown during
this budget period, this request is for the
Omni film, "Seasons".
Equipment Rentals and Leases 3,500
Covers the lease of copy machine, postage
meter, etc.
Production - Planetarium 10,000
For production of the summer 1991
planetarium public program.
Total funding request, 4/9/90 $423,942
MODERN ART MUSEUM OF FORT WORTH
BUDGET REQUEST - FY 1990/91
Category Line Item Amount Requested
Personnel Building Manager $13,109
Building Engineer (2) 34,953
Custodians (3) 45,328
Security Guards - Day 50,228
Employer's FICA Taxes 10,269
Employee Health Insurance (6) 8,920
Total Personnel $162,807
Supplies Chemicals $ 831
Uniforms 555
Misc. Operating Supplies 4,373
Repairs/Maintenance Supplies 3,070
Total Supplies $ 8,829
Contractual Gas $ 6,057
Services Electricity 70,869
Water & Waste 8,012
Repairs and Maintenance 6,260
Security Service - Night 33,704
Total Contractual Services $124,902
Administrative 57,704
Services
TOTAL BUDGET REQUEST $354,242
Minutes of City Council Q-3 Page 74
e �
TUESDAY, SEPTEMBER 25, 1990
PERFORMING ARTS GRANT PROGRAM
BUDGET 1989-1990
REVENUE
City Appropriations $ 97,884
Grant - TCA $ 7,236
11 TOTAL UNEARNED $105,120
EXPENSES
Allocation
$
85,543
Delivery Service
$
96
Insurance - Health
$
1,053
Mileage/Parking
$
120
Paper
$
300
Postage
$
240
Printing
$
600
Salaries
$
15,000
Supplies
$
600
Taxes - FICA
$
1,148
Telephone
$
420
TOTAL EXPENSES $105,120
FORT WORTH SISTER CITIES INTERNATIONAL
OFFICE BUDGET 1990-91
SALARIES/BENEFITS
$73,000
SUPPLIES
3,000
POSTAGE
8,000
PHONE & FAX
4,000
INSURANCE
3,000
TRAVEL
4,026
TOTAL $95,026
It was the consensus of the City Council that the recommendation be adopted.
Authorized fund trap There was presented Mayor and Council Communication No. G-8826 from the City
fer tofund six replace -Manager stating that six replacement/rehabilitation projects are funded in the Water
ment/rehabilitation and Sewer Operating Fund budget; that contracts for these projects will not be
projects encumbered prior to the close of this fiscal year; that, in order to keep the funds
from lapsing with the close of the fiscal year, it will be necessary to transfer them
to a capital projects fund; and recommending that the City Council authorize a fund
transfer in the amount of $492,000.00 from Water and Sewer Operating Fund PE45, Account
No. 531200, Center No. 0609020 to Water Capital Improvement Fund PW53, Account
No. 541200, Center No. 060530159010, Unspecified for the purpose of funding six
replacement/rehabilitation projects. It was the consensus of the City Council that the
recommendation be adopted.
Approved disposal of There was presented Mayor and Council Communication No. G-8827 from the City
records Manager stating that records belonging to the Personnel Department have been targeted
for disposition; that procedures for disposal of public records outlined in City of
Fort Worth Administrative Regulation 1-30 were followed; that requests to dispose of
the records were reviewed and approved by the Personnel, Law, Internal Audit, and Risk
Management Departments, and the Office of Management Services; and recommending that
the City Council approve the disposal of public records belonging to the Personnel
Department, as follows:
RECORDS TITLE DATES VOLUME
Non -Select Applications Thru 1987 33.66 cu. ft.
Assessment Material & N/S Applications Thru 1987 12.24 cu. ft.
It was the consensus of the City Council that the recommendation be adopted.
Purchase of three -yea There was presented Mayor and Council Communication No. G-8828 from the City
boiler and machinery Manager, as follows:
insurance policy
SUBJECT: BOILER AND MACHINERY INSURANCE
RECOMMENDATION:
It is recommended that City Council approve the purchase of a three-year
Boiler and Machinery Insurance policy, including state -required boiler
inspection service, from Waller & Waller Insurance Agency for an annual
premium cost of $16,446, payable in annual installments subject to fiscal
funding availability. The insurance will be effective October 1, 1990.
DBUSSION:
Seven bids from five vendors were received by the Purchasing Division. The
bids represented quotes from four insurance companies. Insurance
specifications requested bids on a broad range of insurance limits and
deductibles for Boiler and Machinery Insurance described in the City's
Minutes of City Council Q-3 Page 75
J
TUESDAY, SEPTEMBER 25, 1990
Invitation to Bid - Quotation No. 90-0611. Coverages bid included Property
Damage, Business Interruption, Expediting Expense, Extra Expense, Ammonia
Contamination, Hazardous Substance Removal, and Water Damage on thirty-four
specific City locations having boilers and any other machinery that would be
covered under a Boiler and Machinery Insurance policy.
BIDDERS AND INSURANCE COMPANIES RANGE OF ANNUAL PREMIUMS BID
1. Alexander & Alexander of Tx., Inc.
° Chubb Group: Texas Pacific Indemnity $13,895 to $18,995
2. Corrigan -Jordan -Hancock
° Hartford Steam Boiler $13,080 to $15,209
3. Higginbotham and Associates
° Hartford Steam Boiler $13,099 to $15,228
° Kemper/American Manufacturer $11,216 to $16,100
Mutual Insurance Company
4. Key, Piskuran & Sheeran Insurance Agency
° Hartford Steam Boiler $12,688 to $15,100
° Travelers Group $11,353 to $21,161
5. Waller & Waller Insurance Agency., Inc.*
° Hartford Steam Boiler $12,353 to $16,446
Bid tabulation attached.
*Recommended purchase: $25,000,000 Property Damage with a $5,000 deductible
per accident. The policy provides the following coverages on a combined
single limit (CSL) basis: Property Damage, Business Interruption, and Extra
Expense. Sublimits for Expediting Expense, Ammonia Contamination, Hazardous
Substance Removal, and Water Damage are $50,000 each. The A. M. Best Rating
of the insurer is A+ VIII. $15,810/year is the low bid for the $25,000,000
Property Damage limit with a $5,000 deductible. The cost for the CSL
coverage is $576/year; and the cost for the $50,000 sublimits of the other
coverages is $60/year. The total of these three premium costs is $16,446.
This three-year policy with a premium payable annually, is subject to fiscal
funding availability.
The lower premium costs in items 1 through 5 above reflect bids with higher
deductibles ($10,000 or $25,000) and/or a lower Property Damage limit
($10,000,000).
Only the recommended bidder quoted Property Damage, Business Interruption and
Extra Expense coverage on a CSL basis; other bidders merely quoted separately
Business Interruption and Extra Expense coverage with lower sublimits.
FINANCING:
Sufficient funds are available in the Insurance Fund FE71, Center
No. 0157130, Commercial Insurance Premiums. Expenditures will be made from
Account No. 534160.
It was the consensus of the City Council that the recommendation, as contained in Mayor
and Council Communication No. G-8828, be adopted.
horized repayment o There was presented Mayor and Council Communication No. G-8829 from the City
Manager stating that the Employee Retirement Fund has contributed annually to the City
iree health insuran of or the cost of retiree's group health insurance premiums; that legal council reviewing
the City's Retirement Fund recommended that the City schedule a 10 -year payback to the
Retirement Fund for its contributions toward retiree health insurance since fiscal year
84-85 (approximately $13,816,754.00); that the Water and Sewer Department will
discharge its obligation in a lump -sum payment of $1,455,177.63 in fiscal year 1989-90
to the General Fund for its portion of the payback; that the General Fund will then
reimburse the Retirement Fund over a 10 -year payback; and recommending that the City
Council:
1. Adopt the attached Supplemental Appropriations Ordinance appropriating
$1,455,177.63 to the Water and Sewer Operating Fund PE45, Center
No. 0609000, Non -Departmental -Water ($873,106.63) and Center
No. 0709000, Non -Departmental -Sewer, ($582,071), and decreasing the
Water and Sewer Operating Fund's unreserved retained earnings by the
same amount; and
2. Approve the transfer of $1,455,177.63 from the Water and Sewer Operating
Fund PE45, Center No. 0609000, Non -Departmental -Water ($873,106.63) and
Center No. 0709000, Non -Departmental -Sewer ($582,071) to General
Fund GGO1.
It was the consensus of the City Council that the recommendations be adopted.
Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
adopted. The motion was seconded by Council Member Meadows. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
Minutes of City Council Q-3 Page 76
TUESDAY, SEPTEMBER 25, 1990
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison,
Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: Council Member Zapata
The ordinance, as adopted, is as follows:
Ordinance No. 10677 ORDINANCE NO. 10677
AN ORDINANCE APPROPRIATING $1,455,177.63 TO THE WATER AND SEWER
OPERATING FUND, PE45, CENTER 0609000, NON -DEPARTMENTAL -WATER
($873,106.63) AND CENTER 0709000, NON -DEPARTMENTAL -SEWER
($582,071.00) AND DECREASING THE WATER AND SEWER OPERATING FUND'S
UNRESERVED RETAINED EARNINGS BY THE SAME AMOUNT FOR THE PURPOSE OF
REPAYING THE WATER AND SEWER'S PORTION OF RETIREE HEALTH INSURANCE
TO THE EMPLOYEES' RETIREMENT FUND; PROVIDING FOR A SEVERABILITY
CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND
REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
ENGROSSMENT; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 5.
This ordinance shall take effect and be in full force and effect from
and after the date of this passage, and it is so ordained.
Amendments to certain There was presented Mayor and Council Communication No. G-8830 from the City
nater and sewer tap Manager, as follows:
fee charges
SUBJECT: PROPOSED INCREASE IN WATER AND SEWER TAPPING FEES
RECOMMENDATION:
It is recommended that the City Council approve the attached ordinance which
revises water and sewer tap fees with an effective date of billing on or
after October 1, 1990.
n T CCI ICS TnN
A survey of costs experienced by the Water Department on water and sewer taps
performed since October 1, 1989 indicates that fees need to be revised before
October 1, 1989, administrative and indirect costs had not been included with
labor and materials; therefore, the expense to the City was understated.
Recommended fees effective October 1, 1990 to capture the cost of water and
sewer taps are:
SEWER TAPS:
STREET -UNIMPROVED:
4 Inch
WATER TAPS:
PRESENT
NUMBER
AVERAGE
RECOMMENDED
%
-0-
UNIMPROVED STREET:
FEE
TAPS
COST
FEE
INCREASE
850
3/4 Inch
$ 550
0
N/A
$ 550
-0-
$
1 Inch
$ 550
10
$ 485
$ 550
-0-
1-1/2 Inch
$ 650
8
$ 890
$ 800
23
2 Inch
$ 675
18
$ 793
$ 850
26
PAVED STREET:
3/4 Inch
$ 775
13
$ 780
$ 775
-0-
1 Inch
$ 775
31
$ 819
$ 775
-0-
1-1/2 Inch
$ 975
10
$1,693
$1,250
28
2 Inch
$1,000
18
$1,379
$1,350
35
SEWER TAPS:
STREET -UNIMPROVED:
4 Inch
$
850
-0-
N/A
$
850
-0-
6 Inch
$
850
-0-
N/A
$
850
-0-
8 Inch
$
950
-0-
N/A
$
950
-0-
PAVED:
4 Inch $1,125 71 $1,571 $1,600 30
6 Inch $1,175 5 $1,959 $1,950 66
8 Inch $1,300 1 $2,085 $2,100 62
TAP IN ALLEY:
4 Inch
$
550
37
$ 664
$
600
9%
6 Inch
$
575
-0-
N/A
$
700
22%
8 Inch
$
600
-0-
N/A
$
800
33%
Minutes of City Council Q-3 Page 77
TUESDAY, SEPTEMBER 25, 1990
TAP IN EASEMENT:
4 Inch
$
450
46
$ 600
$
600
-0-
6 Inch
$
475
3
$ 777
$
700
-0-
8 Inch
$
575
0
N/A
$
800
39
It was the consensus of the City Council that the recommendation, as contained in Mayor
and Council Communication No. G-8830, be adopted.
Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
adopted. The motion was seconded by Council Member Meadows. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison,
Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: Council Member Zapata
The ordinance, as adopted, is as follows:
dinance No. 10678 11 ORDINANCE NO. 10678
AN ORDINANCE AMENDING SECTION 35-57(b), OF CHAPTER 35 OF THE CODE
OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY REVISING CERTAIN
CHARGES; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES;
REPEALING ALL ORDINANCES AND PROVISIONS OF THE FORT WORTH CITY CODE
IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
ndment to Employees There was presented Mayor and Council Communication No. G-8831 from the City
irement Fund Ordina cd4anager, as follows:
SUBJECT: AMENDMENTS TO RETIREMENT ORDINANCE
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending
the following sections of the City Retirement Ordinance:
Section
2-204 -
"Members' Contributions";
Section
2-205 -
"City's Contributions";
Section
2-209 -
"Retirement Pensions";
Section
2-210 -
"Disability Pensions";
Section
2-212 -
"Termination Benefits and Vesting"; and
Section
2-222 -
"Limited Retroactivity of Benefits".
DBUSSION:
At the May 22, 1990, Precouncil session, the City Council was presented with
information concerning the condition of the Employees' Retirement Fund and a
request from the Retirement Fund Board of Trustees to amend the Retirement
Ordinance to provide for certain benefit improvements. The Council directed
the City Manager to evaluate both the information and the request, and to
present his recommendation for any possible retirement benefit improvements.
In Informal Report No. 7471 (June 5, 1990), the City Manager presented to the
Council his recommendation which consisted of the following:
Contribution Adjustments:
A) adjust the City Contribution to the Retirement Fund from 11.50% to 8.50%
B) adjust the Employee contribution to the Retirement Fund from 7.67% to
5.67%
Benefit Improvements
A) increase the benefit formula multiplier from 2.00% to 2.50%
B) establish a minimum benefit for current retirees of $150 for each 5
years of service after the first 5 years of credited service
C) provide for an "early retirement" at age 50 with an actuarial adjustment
of 5/12% per month for each month by which commencement of a pension
antedates the date which would have been the member's retirement date if
the member had remained employed by the City.
The consensus of the City Council was that once the adjustments to
contributions could be made, the Council would proceed to implement the City
Manager's recommendations for benefit improvements.
The above recommended amendments to the Retirement Ordinance provide for both
the adjustments to contributions and for the improvements to retiree benefits
to become effective October 1, 1990.
Minutes of City Council Q-3 Page 78
TUESDAY, SEPTEMBER 25, 1990
14r. Ralph Hardy appeared Mr. Ralph Hardy, representing the Board of Trustees of the Employees' Retirement
regarding retirment-.; Fund of the City of Fort Worth, appeared before the City Council and requested that the
amendments proposed amendments to the Retirement Ordinance increasing benefits be made retroactive
to July 1, 1990.
Or. William H. Gates Mr. William H. Gates, 4428 Baldwin, appeared before the City Council and requested
appeared re retirement that the Council give favorable consideration to the proposed improvements to the
increase Retirement Fund effective July 1, 1990, and expressed appreciation to the City Council
for the retirement increase.
Council Member Garrison made a motion, seconded by Council Member Meadows, that
the recommendation, as contained in Mayor and Council Communication No. G-8831, be
adopted with the exception that the improvements become effective July 1, 1990, instead
of October 1, 1990. When the motion was put to a vote by the Mayor, it prevailed
unanimously.
Council Member Garrison introduced an ordinance and made a motion that it be
adopted. The motion was seconded by Council Member Meadows. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison,
Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: Council Member Zapata
The ordinance, as adopted, is as follows:
Ordinance No. 10679 ORDINANCE NO. 10679
AN ORDINANCE AMENDING ORDINANCE NOS. 2999, 4060, 4250, 4304, 4354,
4430, 4860, 4861, 4873, 4875, 5226, 5259, 6393, 6556, 7056, 7317,
7875, 8674, 8843, 9247, 9532, 10081, 10291, 10369, 10385, 10564 AND
10607, CODIFIED AS CHAPTER 2, ARTICLE VI DIVISION 1, ENTITLED
"EMPLOYEES' RETIREMENT FUND", OF THE CODE OF THE CITY OF FORT WORTH
(1986), AS AMENDED, WHICH ORDINANCES ESTABLISH AND PROVIDE FOR A
RETIREMENT SYSTEM, RETIREMENT PLAN AND BENEFITS THEREUNDER FOR
EMPLOYEES OF THE CITY OF FORT WORTH; PROVIDING FOR A REDUCTION IN
THE PERCENTAGE OF A MEMBER'S SALARY UPON WHICH BASIS THE CITY AND
THE MEMBER CONTRIBUTE TO THE RETIREMENT FUND; PROVIDING FOR AN
INCREASE IN THE PERCENTAGE OF A MEMBER'S COMPENSATION BASE TO BE
RECEIVED UPON RETIREMENT; PROVIDING FOR AN INCREASE IN PENSIONS FOR
MEMBERS RECEIVING BENEFITS BEFORE OCTOBER 1, 1990, AND ESTABLISHING
MINIMUM MONTHLY PAYMENTS FOR SUCH MEMBERS; PROVIDING FOR AN
INCREASE IN THE AMOUNT OF CERTAIN DISABILITY PENSIONS; PROVIDING
FOR REDUCED RETIREMENT FOR CERTAIN MEMBERS AT AGE 50; AMENDING THE
LIMITED RETROACTIVITY OF BENEFITS SECTION; MAKING THIS ORDINANCE
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 11.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after the date
of its adoption and it is so ordained.
hi&C No. P-4471 There was presented Mayor and Council Communication No. P-4471, dated
withdrawn from agenda September 18, 1990, from the City Manager submitting a tabulation of bids received for
the purchase of a 58.0 GVWR dump truck with snow plow and spreader for Alliance
Airport; stating that funds are available in Airports Fund PE40, Center No. 0552003,
Account No. 541390; and recommending that the purchase be made from Summit White GMC
Trucks, Inc., on low bid meeting all City specifications of $96,200.00 minus $528.00,
due to option reductions provided by the specifications and offered by Summit White
GMC, for a total amount of $95,672.00 net, f.o.b. Fort Worth. It was the consensus of
the City Council that Mayor and Council Communication No. P-4471 be withdrawn from the
agenda at the request of the City Manager.
Purchase agreement There was presented Mayor and Council Communication No. P-4483, dated
with HJG Trucking Co. September 18, 1990, from the City Manager submitting a tabulation of bids received for
continued one week the purchase agreement to supply flex base crushed limestone to various City
departments; stating that budgeted funds are sufficient to cover the anticipated
expenditure by each department participating in the agreement; and recommending that
the purchase agreement be authorized with HJG Trucking Company on low bid meeting
specifications of $6.73 per ton; and authorize all departments to participate in the
agreement, if needed, with agreement to begin September 21, 1990, and end September 20,
1991.
Mr. Judson Bailiff, Finance Director, appeared before the City Council and advised
the City Council that the rock proposed to be purchased under Mayor and Council
Minutes of City Council Q-3 Page 79
j
TUESDAY, SEPTEMBER 25, 1990
Communication No. P-4483 is to be tested; that the vendor has been contacted to produce
rock for testing; that the rock has not been produced; and that the vendor will be
contacted again.
Council Member Garrison made a motion, seconded by Council Member Chappell, that
the consideration of Mayor and Council Communication No. P-4483 be continued for one
week. When the motion was put to a vote by the Mayor, it prevailed unanimously.
Purchase of genuine There was presented Mayor and Council Communication No. P-4485, dated
G14C manufacturer's re- September 18, 1990, from the City Manager submitting a tabulation of bids received for
placement parts a purchase agreement for GMC manufacturer's replacement parts; stating that budgeted
funds are sufficient to cover the anticipated expenditure by each department
participating in the agreement; and recommending that the purchase agreement be
authorized with Alan Young Buick on bid of unit prices at manufacturer's suggested list
price less 25 percent discount; that all City departments be authorized to participate
in the purchase agreement, if needed; with term of agreement to begin August 22, 1990,
and end one year later, with one additional year option to renew. Council Member
Chappell made a motion, seconded by Council Member Webber, that the recommendation, as
contained in Mayor and Council Communication No. P-4485, be adopted. When the motion
was put to a vote by the Mayor, it prevailed unanimously.
urchase of glass traff There was presented Mayor and Council Communication No. P-4486 from the City
is beads Manager submitting a tabulation of bids received for the purchase of glass traffic
beads for the Aviation Department; stating that funds are available in Airports
Fund PE40, Center No. 0552003, Account No. 523300; and recommending that the purchase
be made from Centerline Supply, Inc., on low bid of $17,096.54 net, f.o.b. Fort Worth,
Texas. It was the consensus of the City Council that the recommendation be adopted.
urchase agreement for There was presented Mayor and Council Communication No. P-4487 from the City
ublication of legal Manager, as follows:
dvertisements SUBJECT: PURCHASE AGREEMENT FOR PUBLICATION OF LEGAL ADVERTISEMENTS WITH THE
FORT WORTH STAR TELEGRAM FOR VARIOUS CITY DEPARTMENTS
RECOMMENDATION:
It is recommended that the City Council authorize:
1. A purchase agreement with the Fort Worth Star Telegram for the
publication of legal advertisements for various departments on the low
bid of $0.22 per agate line for 1 1/4 inch column; and
2. The agreement to begin October 1, 1990 and end September 30, 1991.
BID TABULATION:
COMMERCIAL FORT WORTH
RECORDER STAR TELEGRAM
FORT WORTH, TX FORT WORTH, TX
2 INCH
COLUMN WIDTH
Cost of Agate $0.30/line Hard Copy N/A
Line with $0.27/line delivered
Electronic by phone modem or fax
Transmission machine, camera ready.
Weekend Rate N/A
1 1/4 INCH
COLUMN WIDTH
Cost of Agate $0.25/line Hard Copy $0.22/line
Line with $0.22/line delivered By Phone
Electronic by phone modem or fax Modem, fax
Transmission machine, camera ready. machine or
hard copy.
Weekend Rate N/A $0.60/line
Invitations to bid were mailed to four prospective bidders. Zero no -bids
were received and two vendors did not respond. Bid was advertised in the
Fort Worth Commercial Recorder on August 16 and 17, 1990 and August 23 and
24, 1990.
COMMENTS ON SPECIFICATIONS:
Specifications required the bidders to have the capability of electronic
receipt of advertisements.
nTCrIICCTnN-
Various City departments will use this agreement to publish legal
advertisements to comply with state law and the City Charter.
Minutes of City Council Q-3 Page 80
t" I
TUESDAY, SEPTEMBER 25, 1990
The City of Fort Worth expects to expend approximately $79,925.00 with this
vendor during the agreement period of one year.
The recommended vendor did comply with the Disadvantaged Business Enterprise
Policy.
Cancellation of lease There was presented Mayor and Council Communication No. L-10215 from the City
agreement - Gene A. Manager stating that Mr. Gene A. Malone executed a lease covering Lot 16, Block 2, Lake
Malone,, -Jr. Worth Lease Survey on March 1, 1985; that Mr. Malone was notified by letter of the
substandard condition on the improvements on July 13, 1990, and was given 45 days to
correct the Code violations; that the well and septic tank are located less than the
required 50 feet from the shoreline; that there are two residences located on the lease
which are in violation of the lease and both were posted substandard; that the signs
were removed by unauthorized personnel; and recommending that Council approve the
cancellation of the Lake Worth Lease with Gene A. Malone, Jr., covering Lot 16,
Block 2, Lake Worth Lease Survey, aka 6537 Cahoba Drive; and all improvements to be
removed at the least possible expense to the City. It was the consensus of the City
Council that the recommendations be adopted.
Acquisition of tempo- There was presented Mayor and Council Communication No. L-10216 from the City
rary easement out of Manager, as follows:
Tract 12, J.E. Brando
SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS ( 4
TRANSACTIONS)
RECOMMENDATION:
It is recommended that approval be given for the acquisition of the land
and/or easements described below:
1. Name of Project: Meadowbrook Drive Reconstruction (Watson to I-820)
Type of Acquisition: Dedication - Temporary Construction Easement
Description of Land: A rectangularly shaped parcel of land out of
Tract 12, J.E. Brandon Survey, Abstract 209 as described in Volume 2484,
Page 215, Deed Records, Tarrant County, Texas. This parcel is 39.48
feet in width and 16.13 feet in depth and lies adjacent to, contiguous
with and north of the north right-of-way line of Meadowbrook Drive,
required for a temporary construction easement.
Square Feet: 639.0 Zoning: CF
Parcel No.: CE -17
Consideration: $1.00
Location: 6161 Meadowbrook Dr.
Owner: Reorganized Church of Jesus Christ
Financing: Sufficient funds are available in Street Improvement,
Fund GS67, Center No. 016670951060. Expenditures will be made from
Account No. 541100.
Minutes of City Council Q-3 Page 81
FINANCING:
Budgeted funds are sufficient to cover the anticipated expenditure by each
department participating in this agreement. All purchase orders issued
against this agreement will be reviewed by Purchasing for sufficiency of
funds prior to release.
Mr. Jerry Scott
Mr. Jerry Scott, representing the Fort Worth Star -Telegram, appeared before the
appeared re tort Worth
City Council and requested that the City Council give favorable consideration to the
Star Telegram
awarding of the contract for the official newspaper of the City of Fort Worth to the
Fort Worth Star -Telegram for the 1990-91 fiscal year.
Mr. Judson Bailiff
Mr. Judson Bailiff, Finance Director, appeared before the City Council and
appeared re bids
explained the bids received for the official newspaper for the City of Fort Worth for
the 1990-91 fiscal year.
On motion of Council Member Garrison, seconded by Council Member Chappell, the
recommendations, as contained in Mayor and Council Communication No. P-4487, were
adopted.
Purchase of a computer
There was presented Mayor and Council Communication No. P-4488 from the City
protocol test analyze
Manager stating that the Electronics Division has requirements to monitor and analyze
data protocols between computers and communications systems; that this will allow the
Electronics Division to analyze data problems between all data systems which are being
utilized between all City departments; stating that funds are available in Fund PI68,
Account No. 541320, Center No. 0046002; and recommending that the City Council
authorize the purchase of a computer protocol test analyzer from the sole source,
Leasemetric, Inc., for an amount of $6,400.00 net, f.o.b. destination - Fort Worth. It
was the consensus of the City Council that the recommendation be adopted.
Cancellation of lease There was presented Mayor and Council Communication No. L-10215 from the City
agreement - Gene A. Manager stating that Mr. Gene A. Malone executed a lease covering Lot 16, Block 2, Lake
Malone,, -Jr. Worth Lease Survey on March 1, 1985; that Mr. Malone was notified by letter of the
substandard condition on the improvements on July 13, 1990, and was given 45 days to
correct the Code violations; that the well and septic tank are located less than the
required 50 feet from the shoreline; that there are two residences located on the lease
which are in violation of the lease and both were posted substandard; that the signs
were removed by unauthorized personnel; and recommending that Council approve the
cancellation of the Lake Worth Lease with Gene A. Malone, Jr., covering Lot 16,
Block 2, Lake Worth Lease Survey, aka 6537 Cahoba Drive; and all improvements to be
removed at the least possible expense to the City. It was the consensus of the City
Council that the recommendations be adopted.
Acquisition of tempo- There was presented Mayor and Council Communication No. L-10216 from the City
rary easement out of Manager, as follows:
Tract 12, J.E. Brando
SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS ( 4
TRANSACTIONS)
RECOMMENDATION:
It is recommended that approval be given for the acquisition of the land
and/or easements described below:
1. Name of Project: Meadowbrook Drive Reconstruction (Watson to I-820)
Type of Acquisition: Dedication - Temporary Construction Easement
Description of Land: A rectangularly shaped parcel of land out of
Tract 12, J.E. Brandon Survey, Abstract 209 as described in Volume 2484,
Page 215, Deed Records, Tarrant County, Texas. This parcel is 39.48
feet in width and 16.13 feet in depth and lies adjacent to, contiguous
with and north of the north right-of-way line of Meadowbrook Drive,
required for a temporary construction easement.
Square Feet: 639.0 Zoning: CF
Parcel No.: CE -17
Consideration: $1.00
Location: 6161 Meadowbrook Dr.
Owner: Reorganized Church of Jesus Christ
Financing: Sufficient funds are available in Street Improvement,
Fund GS67, Center No. 016670951060. Expenditures will be made from
Account No. 541100.
Minutes of City Council Q-3 Page 81
TUESDAY, SEPTEMBER 25, 1990
Land Agent: Jerry Chalker
2. Project Name: Meacham Blvd. Improvements
Type of Acquisition: Dedication/Permanent Easement
Description of Land: An irregularly shaped parcel of land ranging from
120 feet to 213.82 feet in depth and approximately 252.76 feet in length
located across the southerly portion of Tract 7A, D. Odum Survey,
Abstract No. 1184, as recorded in Volume 4849, Page 572, Volume 2445,
Page 571, and Volume 1930, Page 302, Deed Records, Tarrant County, Texas.
The parcel of land contains approximately 30,549 square feet as required
for a permanent easement.
Square Feet: 30,549
Parcel No.: 1
Consideration: $1.00
Location: East of F.M. 156
Zoning: "I" Light Industrial
Owner: Texas Utilities Electric Company
Financing: Sufficient funds are available in Street Improvement,
Fund GS67, Center No. 016670951060. Expenditures will be made from
Account No. 541100.
Land Agent: Aleeta Hackney
3. Project Name: E. Rosedale Sidewalk Reconstruction/Thrall to
Vaughn/Parcel CE -5
Type of Acquisition: Temporary Construction Easement
Description of Land: A rectangularly shaped parcel of land 14 feet in
depth and 50 feet in length located along the northerly line of Lot 3,
Block 29, Polytechnic Heights Addition, as recorded in Volume 63,
Page 109, Deed Records, Tarrant County, Texas. This parcel of land
contains approximately 700 square feet as required for a temporary
construction easement.
Square Feet: 700
Parcel No.: CE -5
Consideration: $1.00
Location: 3012 Rosedale
Owner: George McCurley
Zoning: "I" Light Industrial
Financing: Sufficient funds are available in Street Improvement,
Fund GS67, Center No. 016670951060. Expenditures will be made from
Account No. 541100.
Land Agent: Aleeta Hackney
4. Project Name: Village Creek Road Improvement
Type of Acquisition: Temporary Construction Easement
Description of Land: A rectangularly shaped strip of land 3 feet in
width and 331 feet in length out of Lot 1, Block 14, Eastwood Terrace
Addition as recorded in Volume 6910, Page 1069, Deed Records, Tarrant
County, Texas. This strip of land is adjacent and parallel to the west
side of the already dedicated street right-of-way containing 993 square
feet of land as required for a temporary construction easement.
Square Feet: 993
Parcel No.: CE -21
Consideration: $1.00
Location: 3812 Village Creek
Zoning: "F" Commercial
Owner: Southwest Region Conference of Seventh Day Adventists
Financing: Sufficient funds are available in Street Improvement,
Fund GS67, Center No. 016670951060. Expenditures will be made from
Account No. 541100.
Land Agent: Frances Sargeant
Minutes of City Council Q-3 Page 82
TUESDAY, SEPTEMBER 25, 1990
It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. L-10216, be adopted.
Cancellation of Lake There was presented Mayor and Council Communication No. L-10217 from the City
Worth Lease w/A.L. Manager stating that A.L. Endres signed a 50 -year lease with the City of Fort Worth on
Endres March 3, 1982, covering Lot 29, Block 14, Lake Worth Lease Survey; that, on a routine
inspection on April 3, 1990, it was discovered that the lateral field was inoperative
and raw sewage was on the ground draining toward the lake, which is a health hazard;
that Mr. Endres was notified by certified mail of the situation on April 4, 1990,
April 18, 1990, May 1, 1990, and August 22, 1990; that, to date, the condition remains
the same; and recommending that the City Council approve the cancellation of the Lake
Worth Lease with A.L. Endres covering Lot 29, Block 14, Lake Worth Lease Survey; and
that the City Council authorize the Real Property Management Department to sell or
demolish the improvements if the lessee does not remove the improvements within 90 days
from the date of the lease cancellation. It was the consensus of the City Council that
the recommendations be adopted.
There was presented Mayor and Council Communication No. L-10218 from the City
Acquisition of utilit Manager, as follows:
easement and temporar
construction easement SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS ( 2
TRANSACTIONS)
RECOMMENDATION:
It is recommended that approval be given for the acquisition of the land
and/or easements described below:
1. Name of Project: Cityview Addition
Type of Acquisition: Dedication/Utility and Temporary Construction
Easements
Description of Land:
Utility Easement - A rectangularly shaped parcel of land 15 feet in
width out of Lot 2, Block 9, Cityview Addition, as recorded in
Volume 8875, Page 1651, Deed Records, Tarrant County, Texas. This
parcel of land lies north of Oakmont Drive and south of Oak Bend Trail
and is 1,858.72 feet in length and contains 14,158.66 square feet as
required for a utility easement.
Temporary Construction Easement - A rectangularly shaped parcel of land
25 feet in width para el to and adjacent to the above described utility
easement and containing 22,850 square feet as required for a temporary
construction easement.
Square Feet: Utility Easement - 14,158.66
T.C.E. - 22,850
Zoning: "G" Commercial
Consideration: $1.00
Location: North of Oakmont Blvd. and South of Oak Bend Trail
Owner: SDC Land Partners, Ltd.
Joe P. Sullivan, Vice President
Financing: Sufficient funds are available in Sewer Capital Improvements
Fund PS58, Project No. 541100, Account Center No. 016580170810.
Land Agent: Jane G. Goodspeed
2. Project Name: E. Rosedale Sidewalk Reconstruction/Thrall to
Vaughn/Parcel CE -9
Type of Acquisition: Temporary Construction Easement
Description of Land: An irregularly shaped parcel of land ranging from
15 feet to 23 feet in depth and 88.5 feet in length located along the
northerly line of Lots 2 thru 4, Block 28, Polytechnic Heights Addition,
as recorded in Volume 63, Page 109, Deed Records, Tarrant County, Texas.
This parcel of land contains approximately 1,500 square feet as required
for a temporary construction easement.
Square Feet: 1,500
Parcel No.: CE -9
Consideration: $1.00
Location: 3118 East Rosedale
Owner: Thomas J. Kwentus
Zoning: F Commercial
Minutes of City Council Q-3 Page 83
81
TUESDAY, SEPTEMBER 25, 1990
Financing: Sufficient funds are available in Street Improvement,
Fund GS67, Center No. 016670951060. Expenditures will be made from
Account No. 541100.
Land Agent: Aleeta Hackney
It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. L-10218, be adopted.
minent domain proceed There was presented Mayor and Council Communication No. L-10219 from the City
ngs to acquire ROW an Manager recommending that the City Attorney be authorized to institute eminent domain
emporary construction proceedings to acquire a rectangularly -shaped strip of land from the west property
asements lines of Lots 26 and 27, Block 5, Homeacres Addition, as described in Volume 9687,
Page 254, Deed Records, Tarrant County, Texas; and a temporary construction easement
three feet in width and 200 feet in length parallel and adjacent to the above-described
right-of-way; located at 3923 Village Creek Road; owned by Paul Daniels; and required
for improvement at Village Creek Road. It was the consensus of the City Council that
the recommendation be adopted.
There was presented Mayor and Council Communication No. L-10220 from the City
minent domain proceed Manager recommending that the City Council declare the necessity for taking certain
ngs to acquire ROIJ an land for the purpose of constructing essential public improvements heretofore
emporary construction authorized by the City Coucnil and that the City Attorney be authorized to institute
asements eminent domain proceedings to acquire an irregularly-shaped strip of land along the
east property line of Lot 12, Block 11, Eastwood Terrace Addition, as described in
Volume 5336, Page 787, Deed Records, Tarrant County, Texas; and a temporary
construction easement from the south property line of Lot 12, Block 11, parallel and
adjacent to the above-described right-of-way; located at 4925 Freshfield Road; owned by
J. Whiteside & Company; and required for Village Creek Road Improvement. It was the
consensus of the City Council that the recommendation be adopted.
ontract with J.B. Dav es, There was presented Mayor and Council Communication No. C-12514 from the City
nc. Manager stating that the City has recently leased Rockwood Golf Course to International
Golf of Texas; that International Golf wishes to make some improvements to the
Clubhouse for which a building permit is required; that it is necessary to plat the
Clubhouse area so that a building permit can be issued; that the City of Fort Worth, as
owner, has agreed to have the necessary plat completed; that J.B. Davies, Inc., has
agreed to survey and plat the property for an amount not to exceed $3,500.00; stating
that funds are available in Golf Fund PE39, Center No. 0804005, Account No. 539120; and
recommending that the City Manager be authorized to execute a contract with
J.B. Davies, Inc., for the preparation of a plat of a portion of Rockwood Golf Course,
in an amount not to exceed $3,500.00. It was the consensus of the City Council that
the recommendation be adopted.
ontract addendum with There was presented Mayor and Council Communication No. C-12515 from the City
nderwriters Adjusting Manager stating that the City Council approved a contract on December 20, 1988, by
ompany Mayor and Council Communication No. C-11370 with Underwriters Adjusting Company (City
Secretary Contract No. 17096) for the furnishing of workers' compensation claims
administration services for 1989, with the right of renewal by the City for 1990 and
1991; that the City Council approved renewing this contract on December 19, 1989, by
Mayor and Council Communication No. C-12051; that, subsequent to the contract renewal
for 1990, Underwriters Adjusting Company changed its legal company name to Continental
Loss Adjusting Services, Inc.; that, because of the name change, the contract as
executed must reflect that it is an agreement between the City and Continental Loss
Adjusting Services, Inc.; that the contract amendment does not change the financing
requirements; and recommending that the City Manager be authorized to execute a
contract addendum to City Secretary Contract No. 17096, as amended, due to a name
change of the contracting company. It was the consensus of the City Council that the
recommendation be adopted.
imited franchise to There was presented Mayor and Council Communication No. C-12516 from the City
elecom Satellite Manager stating that an application was received by Telecom Satellite Systems
ystems Corporation on July 15, 1990, to provide cable television service to two apartment
complexes in Fort Worth; that construction of the system will require the use of the
City's right-of-way; that the request falls under the City's limited franchise policy;
that the franchisee will pay a franchise fee of five percent of its gross subscriber
revenue; that quarterly franchise fee payments of five percent will be deposited in
General Fund GGO1, Account No. 421362, Center No. 0210000; and recommending that the
City Council adopt an ordinance granting a limited cable television franchise to
Telecom Satellite Systems Corporation and authorize the City Manager to execute a
franchise agreement with Telecom Satellite Systems Corporation to provide cable
television service to the multi -family dwellings. It was the consensus of the City
Council that the recommendations be adopted.
Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
adopted. The motion was seconded by Council Member Meadows. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison,
Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: Council Member Zapata
Minutes of City Council Q-3 Page 84
TUESDAY, SEPTEMBER 25, 1990
The ordinance, as adopted, is as follows:
Ordinance No. 10680 ORDINANCE NO. 10680
AN ORDINANCE GRANTING A LIMITED FRANCHISE TO TELECOM SATELLITE
SYSTEMS CORPORATION, TO OWN, OPERATE AND MAINTAIN A CABLE
COMMUNICATIONS SYSTEM IN FORT WORTH, TEXAS, SETTING FORTH
CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE, AND PROVIDING FOR
THE REGULATION AND USE OF THE SYSTEM.
WHEREAS, TeleCom Satellite Systems Corporation has applied to the City
of Fort Worth for a limited franchise to operate a cable television system
within the City of Fort Worth; and
WHEREAS, it is necessary for the City to grant TeleCom Satellite Systems
Corporation the right to use certain public streets, highways and easements
of the City for the installation of equipment, appliances or appurtenances,
above or below the surface of the same, to make the intended use thereof
practicable; and
WHEREAS, the City Council has determined that it is in the best interest
of and consistent with the public necessity and convenience of the City of
Fort Worth to grant a franchise to TeleCom Satellite Systems Corporation to
operate a cable communication system within the confines of the City of Fort
Worth and on the terms and conditions hereinafter set forth; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH:
Section 1. NATURE AND TERM OF GRANT
A. The City of Fort Worth (City), does hereby grant to TeleCom
Satellite Systems Corporation, (Grantee), a franchise to construct, operate
and maintain a cable television system ("System"), with all necessary
facilities, in and under the surface of the following streets and public
places in the City, as shown in red on the map attached hereto and
incorporated by reference as Exhibit A.
B. The term of this franchise, and all rights and obligations
pertaining thereto, shall be 10 years from the effective date of the
franchise unless terminated sooner as provided herein. This franchise shall
be subject to a review by City at the end of 5 years, for compliance with
franchise terms related to customer service and compliance with technical
standard. The effective date of this franchise shall be after passage by the
City Council and publication as provided by law unless Grantee fails to file
a written contract with City as provided herein.
Section 2. DEFINITIONS
For the purpose of this franchise agreement, the following terms,
phrases, and their derivations, shall have the meanings given below unless
the context indicates otherwise. When not inconsistent with the context,
words used in the present tense include the future tense, words in the plural
number include the singular number, and words in the singular include the
plural number. The word "shall" is always mandatory and not merely
directory.
"City" means the City of Fort Worth, Texas.
"Grantee" means TeleCom Satellite Systems Corporation.
"Cable Communication System" or "System," shall mean a System of
antennas, cables, wires, lines, towers, wave guides, or other conductors,
converters, equipment or facilities, designed and constructed for the purpose
of producing, receiving, transmitting, amplifying and distributing, audio
video and other forms of electronic or electrical signals located in the
City. Said definition shall not include any such facility that serves or
will serve only subscribers in one or more multiple unit dwellings under
common ownership, control or management, and does not use City rights-of-way.
"Gross Revenues" shall mean all revenue derived directly or indirectly
by Grantee, its affiliates, subsidiaries, parent, and any person in which
Grantee has a financial interest, from or in connection with the operation of
a cable communication System pursuant to this ordinance; provided, however,
all revenues, shall include but not be limited to, basic subscriber service,
monthly fees, pay cable fees, installation and reconnection fees, leased
channel fees, converter rentals, and advertising revenues; and that this
shall not include any taxes on services by Grantee herein imposed directly
upon any subscriber or user by the state, city or other governmental unit and
collected by the Company on behalf of said governmental unit.
"Street" is a way or place of whatever nature, publicly maintained and
open to the use of the public for purposes of vehicular travel. Street shall
include road, highway, bridge, tunnel or alley.
Minutes of City Council Q-3 Page 85
1�*6
TUESDAY, SEPTEMBER 25, 1990
"Installation" shall mean the connection of the System from feeder cable
to subscribers' terminals.
"Easements" shall be limited to those rights-of-way owned by the City,
the terms conditions or limitations upon which are not inconsistent with the
erection, construction or maintenance of a cable communication System, its
structures or equipment.
Section 3. COMPENSATION AND AUDITING
A. (1) The Grantee agrees to pay to City as annual compensation for
the use of the streets throughout the duration of this franchise the amount
of 5% of gross subscriber revenue.
(2) Grantee's compensation payments to the City shall be made
quarterly upon the effective date of this franchise, and thereafter,
quarterly. Payment not received within forty-five (45) days from the due
date shall be assessed interest at 10% per annum.
B. The City shall have the right to review and audit the Grantee's
income records and the related books and records and to recompute any amounts
determined to be payable under this ordinance; provided, however, that such
audit shall take place within thirty-six (36) months following the close of
the fiscal year covered by such statement(s). Any additional amount due to
the City as a result of the City's review or audit shall be paid within
thirty (30) days following written notice to Grantee by the City which notice
shall include a copy of the audit report.
In the event that any franchise payment or recomputed amount, cost or
penalty, is not made on or before the applicable dates heretofore specified,
interest shall be charged daily from such date at the annual rate of ten
percent (10%).
C. No acceptance of any payment shall be construed as an accord that
the amount paid is, in fact, the correct amount, nor shall any acceptance of
payments be construed as a release of any claim the City may have for further
or additional sums payable.
D. The City shall have the right at the end of a 5 year period from
the effective date of this franchise to renegotiate any of the terms of
compensation under this franchise. The City shall serve on the Grantee
written notice of its intention to exercise this right not less than sixty
(60) days prior to the end of the 5 year period.
E. Except as otherwise required by law, no portion of this franchise
fee shall be noted separately on any bill to any customer or user of services
or commodities furnished by Grantee.
F. The Grantee shall pay the cost of publication of the franchise and
any amendments thereto, as such publication is required by law. Grantee
shall also pay the City for such reasonable pre -franchising costs as the City
incurs in entering into this franchise agreement with the City.
G. Payment of this franchise fee shall not exempt Grantee from the
payment of any other license fees, taxes or charges that may be imposed by
any federal, state or local statute, law or regulation.
Section 4. GENERAL FINANCIAL AND INSURANCE PROVISIONS
A. Insurance. Grantee agrees, binds and obligates itself and its
successors to maintain public liability insurance covering all public risks
related to the proposed use and occupancy of public property as located and
described in Exhibit "A". The amounts of such insurance shall be not less
than the following:
Property damage, per occurrence
$100,000
Personal injury or death, per occurrence $500,000
with the understanding of and agreement by Grantee that such insurance
amounts shall be revised upward at City's option and that Grantee covenants
and agrees to so revise such amounts within thirty (30) days following notice
to Grantee of such requirement. Such insurance policy shall provide that it
cannot be cancelled or amended without at lease thirty (30) days prior
written notice to City.
B. Financial Statement. The Grantee shall file annually with the
Office of Cable communications no later than one hundred twenty (120) days
after the end of the Grantee's fiscal year, audited financial statements
covering the operations of Grantee within the confines of the City of Fort
Worth. These statements shall include a fiscal year-end balance sheet, an
income statement of retained earnings for the year, a fixed asset statement
showing, for each account or category, the original cost and accumulated
depreciation balances and activity, and a depreciation statement showing the
detailed calculations of depreciation expense for the year. These statements
Minutes of City Council Q-3 Page 86
TUESDAY, SEPTEMBER 25, 1990
shall have been audited by an independent certified public accountant, whose
report shall accompany such statements, and there shall be submitted along
with them such other reasonable information as the City shall request with
respect to Grantee's properties and expenses related to its System operations
within the City.
Section 5. CONSTRUCTION AND RELOCATION.
A. All construction, maintenance and operation in connection with such
encroachment, use, and occupancy of streets and easements within the City
shall be performed in strict compliance with the Charter, Ordinances and
Codes of City and in accordance with the directions of the Director of
Transportation and Public Works of City, or his duly authorized
representative. All plans and specifications therefor shall be subject to
the prior written approval of the Director of Transportation and Public
Works, or his duly authorized representative, but such approval shall not
relieve Grantee of responsibility and liability for concept, design and
computation in the preparation of such plans and specifications.
B. Upon completion of construction and thereafter, there shall be no
encroachments in, under, on or above the surface area on the streets and
easements involved, except as shown on Exhibit "A".
C. Grantee, at no expense to City, shall make proper provision for the
relocation and/or installation of any existing or future utilities affected
by such encroachment, use and occupancy, including the securing of approval
and consent from the utility companies and the appropriate agencies of the
State and its political subdivisions. In the event any installation,
reinstallation, relocation or repair of any existing or future utility or
improvements owned or constructed by or on behalf of the public or at public
expense is made more costly by virtue of the construction, maintenance or
existence of such encroachment and use, Grantee shall pay to City an
additional amount equal to such additional cost as determined by the Director
of Transportation and Public Works of City, or his duly authorized
representative.
Section 6. RESTORATION OF STREETS.
Upon the termination of this agreement for any reason whatsoever,
Grantee shall, at the option of City and at no expense to City, remove at its
own expense all designated portions of the System from streets, easements and
public property and restore the public streets and adjacent supporting
structures to a condition acceptable to the Director of Transportation and
Public Works or his duly authorized representative, all in accordance with
then existing City specifications.
Section 7. RESERVATION OF CITY STREET RIGHTS.
City may enter and utilize the referenced areas at any time for the
purpose of installing or maintaining improvements necessary for the health,
safety and welfare of the public or for any other public purpose. In this
regard, City shall bear no responsibility or liability for damage or
disruption of improvements installed by Grantee or its successors, but City
make reasonable efforts to minimize such damage.
Section 8. USE OF PUBLIC PROPERTY FOR PUBLIC PURPOSES.
It is further understood and agreed between the parties hereto that the
City streets and sidewalks, including the portions of such streets and
sidewalks to be used and encroached upon as described herein are held by City
as trustee for the public; that City exercises such powers over the streets
as have been delegated to it by the Constitution of the State of Texas or by
the Legislature; and that City cannot contract away its duty and its
legislative power to control the streets for the use and benefit of the
public. It is accordingly agreed that if the governing body of City, to
with, its City Council, should at any time during the term hereof determine
in its sole discretion to use or cause or permit the said portions of the
streets to be used for any other public purpose, including but not being
limited to underground, surface or overhead communication, drainage, sanitary
sewerage, transmission of natural gas or electricity, or any other public
purpose whether presently contemplated or not, then this agreement shall be
automatically cancelled and terminated.
Section 9. THIRD PARTY INTERESTS.
Grantee understands and agrees that the granting of any franchise
hereunder is not meant to convey to Grantee any right to use or occupy
property in which a third party may have any interest, and Grantee agrees
that it will obtain all necessary permission before occupying such property.
Grantee agrees to comply fully with all applicable federal, state and
local laws, statutes, ordinances, codes or regulations in connection with the
construction, operation and maintenance of its System.
Minutes of City Council Q-3 Page 87
TUESDAY, SEPTEMBER 25, 1990
Grantee agrees to pay promptly when due all fees, taxes or rentals
provided for by this agreement or by any federal, state or local statute, law
or regulation.
Section 10. INDEMNIFICATION
Grantee covenants and agrees to indemnify, and does hereby indemnify,
hold harmless and defend City, its officers, agents servants and employees,
from and against any and all claims or suits for property damage or loss
and/or personal injury, including death, to any and all persons, or
whatsoever kind of character, whether real or asserted, arising out of or in
connection with, directly or indirectly, the construction, maintenance,
occupancy, use, existence or location of said System granted hereunder,
whether or not caused, in whole or in part, by alleged negligence of
officers, agents, servants, employees, contractors, subcontractors, licensees
or invitees of City; and Grantee hereby assumes all liability and
responsibility for such claims or suits. Grantee shall likewise assume all
liability and responsibility and shall indemnify City for any and all injury
or damage to City property, arising out of or in connection with any and all
acts or omissions of Grantee, its officers, agents, servants, employees,
contractors, subcontractors, licensees, invitees, or trespassers.
Section 11. INDEPENDENT CONTRACTOR.
Grantee covenants and agrees that it shall operate hereunder as an
independent contractor as to all rights and privileges granted hereunder and
not as an officer, agent, servant or employee of City; that Grantee shall
have exclusive control of and the exclusive right to control the details of
its operations, and all persons performing same, and shall be solely
responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees and invitees; that the
doctrine of respondeat superior shall not apply as between City and Grantee,
its officers, agents, servants, employees, contractors and subcontractors,
and nothing herein shall be construed as creating a partnership or joint
enterprise between City and Grantee.
Section 12. MAINTENANCE OF FACILITIES. A Grantee shall provide and put
in use all equipment and appliances necessary to control and carry Grantee's
signals so as to prevent injury to the City's property or property belonging
to any person, firm or corporation within the City. Grantee, at its own
expense, shall repair, renew, change and improve said facilities and
appliances from time to time as may be necessary to accomplish this purpose.
Grantee shall not connect in a manner that requires any customer to install
conduits, or other facilities, under or over a City street or other public
right of way.
Section 13. CONSTRUCTION AND MAINTENANCE STANDARDS.
A. Authorization to Commence Construction
Within ninety (90) days of the granting of the franchise, Grantee shall
apply for all necessary governmental permits, licenses, certificates and
authorizations.
B. Compliance with Construction and Technical Standards
Grantee shall construct, install, operate and maintain its System in a
manner consistent with all laws, ordinances, construction standards,
governmental requirements, FCC technical standards, and detailed standards
submitted by Grantee as part of its application, which standards are hereby
incorporated by reference herein. In addition, Grantee shall provide the
City, upon request, with a written report of the results of Company's annual
proof of performance tests conducted pursuant to FCC standards and
requirements.
C. Maintenance of System
Grantee shall erect and maintain all parts of the System in good
condition throughout the entire franchise period.
D. Efficient Service and Repairs
Grantee shall render efficient service, make repairs promptly and
interrupt service only for good cause and for the shortest time possible.
Such interruptions, insofar as possible, shall be preceded by notice and
shall occur during period of minimum System use.
E. Grantee shall designate an individual to be a liaison with the
City, for purposes of resolving questions and customer service matters which
may arise during the term of the franchise. Such person will cooperate with
City in resolution of customer service inquiries which may be received by
City from Grantee's customers.
F. Interference with Reception
Minutes of City Council Q-3 Page 88
• Fel
. ITUESDAY, SEPTEMBER 25, 1990
Grantee shall not allow its cable or other operations to interfere with
television reception of persons not served by Grantee.
G. Grantee shall continue, through the term of the franchise, to
maintain the technical standards and quality of service set forth in this
ordinance. Should the City find that the Grantee has failed to maintain
these technical standards and quality of service, and should it specifically
enumerate improvements to be made, Grantee shall make such improvements.
Failure to make such improvements with three (3) months after written notice
will constitute a breach of this ordinance.
Section 14. HAZARDOUS SUBSTANCES
A. Grantee shall comply with all applicable state and federal laws,
statutes, regulations and orders concerning hazardous substances as defined
by regulations of the United States Environmental Protection Agency, relating
to Grantee's pipes, conduits, vaults, structures or other facilities in the
City streets.
B. Grantee shall maintain and inspect its conduits, ducts, cables,
vaults, structures or other facilities located in the City streets. Upon
reasonable notice to Grantee, the City may inspect Grantee's conduits, ducts,
cables, or other facilities in the City streets to determine if any release
of hazardous substances has occurred, or if a release of hazardous substances
may occur, from, or related to, Grantee's facilities. In removing or
modifying Grantee's conduits, ducts, cables or other facilities as provided
in this franchise, Grantee shall also remove all residue of hazardous
substances related to such facilities.
C. Grantee agrees to forever indemnify the City against any claims,
costs, and expenses, of any kind, whether direct or indirect, incurred by the
City arising out of hazardous substances associated with Grantee's facilities
in City streets.
Section 15. FRANCHISE NOT EXCLUSIVE. This franchise is not exclusive.
The City expressly reserves the right to grant rights or franchises to other
persons or corporations, as well as the right in its own name as a
municipality, to use its streets for similar or different purposes allowed
Grantee hereunder.
Section 16. REGULATION. The power and right reasonably to regulate the
exercise of the privileges permitted by this franchise in the public interest
shall at all times be vested in the City Council. Grantee shall not be
relieved of its obligation to promptly comply with any provision of this
franchise by a failure of the City to promptly enforce compliance with this
franchise. Services furnished by Grantee under this franchise shall be
rendered using the best practicable commercial methods and practice, insuring
the least danger of life and property compatible with the best obtainable
service.
Section 17. CITY'S CONSENT REQUIRED FOR ASSIGNMENT, TRANSFER, MERGER,
LEASE OR MORTGAGE.
A. Neither this franchise nor any property owned and operated by
Grantee by authority hereof shall be sold, leased, mortgaged, assigned or
otherwise transferred without the prior consent of the City, except to
entities that control, are controlled by, or are under common control with
the Grantee. Grantee shall notify the City of any transfers to such entities
within ten (10) days of such transfers. The City's granting of consent in
one instance shall not render unnecessary any subsequent consent in any other
instance. Nothing contained herein shall be deemed to prohibit the mortgage,
pledge, or assignment of System tangible assets for the purpose of financing
the acquisition of equipment for or the construction and operation of the
System without the City's consent, but any such mortgage, pledge or
assignment shall be subject to the City's other rights contained in this
franchise.
B. Within ten (10) days after execution and delivery of any instrument
so consented to by the City, Grantee shall file with the City an executed
counterpart or certified copy thereof. No sale, lease, mortgage, assignment,
transfer or merger may occur until the successor, assignee or lessee has
executed an agreement to comply with all terms and conditions of this
franchise.
For the purpose of determining whether the City will consent to any
assignment, transfer, merger, lease or mortgage, the City may inquire into
the qualifications of the prospective party. The Grantee shall assist the
City in any such inquiry. The City may condition any assignment, transfer,
merger, lease or mortgage upon such conditions as it deems appropriate.
Section 18. FORFEITURE AND OTHER REMEDIES.
A. Forfeiture. In addition to any other rights set out elsewhere in
this franchise, the City reserves the right to declare a forfeiture of the
franchise, and all of Grantee's rights arising thereunder, in the event that:
Minutes of City Council Q-3 Page 89
TUESDAY, SEPTEMBER 25, 1990
(1) The Grantee violates any material provision of the franchise;
or,
(2) The Grantee's construction schedule is delayed for over 18
months; or,
(3) The Grantee becomes insolvent or unable or unwilling to pay
its debts or is adjudged a bankrupt; or,
(4) The Grantee is found by a court of competent jurisdiction to
have practiced any fraud or deceit upon the City; or,
(5) The Grantee fails to obtain and maintain any permit required
by any federal or state regulatory body.
B. Additional Remedies. In addition to any rights set out elsewhere
in this franchise, as well as its rights under the City Code, the City
reserves the right at its sole option to apply any of the following, alone or
in combination:
(1) Impose a financial penalty of up to $1,000, per franchise
violation; or,
(2) Suspend the Grantee's franchise rights until the Grantee
corrects or otherwise remedies the violation.
In determining which remedy or remedies are appropriate, the City shall
consider the nature of the violation, the person or persons burdened by the
violation, the nature of the remedy required in order to prevent further such
violations, and any other matters the City deems appropriate.
C. Revocation. The City Council may revoke this franchise in the
event that any provision becomes invalid or unenforceable and the City
Council expressly finds that such provision constituted a consideration
material to the grant of the franchise.
D. Notice and Opportunity to Cure. The City shall give Grantee thirty
(30) days prior written notice of its intent to exercise its rights under
this section, stating the reasons for such action. If Grantee cures the
stated reason within the thirty (30) day notice period, or if the Grantee
initiates efforts satisfactory to the City to remedy the stated reason and
the efforts continue in good faith, the City shall not exercise its remedy
rights. If Grantee fails to cure the stated reason within the thirty (30)
day notice period, or if the Grantee does not undertake efforts satisfactory
to the City to remedy the stated reason, then the City Council may impose any
or all of the remedies available under this section.
Section 19. EXPIRATION.
A. Upon the expiration of this franchise, the City shall have the
right, at its election, to:
(a) Renew or extend the franchise to Grantee, in accordance with
the City of Fort Worth and applicable law;
(b) Terminate the franchise without further action; or,
(c) Take such further action as the City deems appropriate.
Until such time as the City exercises its rights under this section the
Grantee's rights and responsibilities within the City shall be controlled by
the terms of the franchise.
Section 20. CHARTER AND GENERAL ORDINANCES TO APPLY; MISCELLANEOUS
PROVISIONS.
A. This franchise is hereby made subject to the Charter of the City of
Fort Worth and general ordinance provisions passed pursuant thereto, now in
effect or hereafter made effective.
B. If any portion of this Ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portions thereof.
C. Venue for litigation between the City and the Grantee arising under
or regarding this franchise shall be in Tarrant County, Texas.
D. Grantee agrees to deposit with City when this franchise is granted
a sufficient sum of money to be used to pay necessary fees to record this
franchise in its entirety in the deed records of Tarrant County, Texas.
After being so recorded, the original hereof shall be returned to the City
Secretary of the City of Fort Worth, Texas.
Minutes of City Council Q-3 Page 90
TUESDAY, SEPTEMBER 25, 1990
E. In any action brought by City for the enforcement of the
obligations of Grantee, City shall be entitled to recover interest and
reasonable attorney's fees.
Section 21. NOTICE. Any notice provided for under this franchise shall
be sufficient if in writing and delivered personally to the following
addressee or deposited in the United States Mail, postage prepaid, certified
mail, return receipt requested, addressed as follows, or to such other
address as the receiving party hereafter shall specify in writing:
If to the City: Office of Cable Communications
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
If to the Grantee: TeleCom Satellite Systems Corporation
4425 W. Airport Freeway Suite 540
Irving, Texas 75062
Section 22. WRITTEN ACCEPTANCE. Within thirty days after this
ordinance becomes effective, Grantee shall file in the Office of the City
Secretary of the City of Fort Worth a written acceptance, executed by the
Grantee, of this ordinance meeting the approval of the City Attorney. A
failure on the part of Grantee to file such written acceptance within such
time shall be deemed an abandonment and rejection of the rights and
privileges conferred hereby and this ordinance shall thereupon be null and
void. Such acceptance shall be unqualified and shall be construed to be an
acceptance of all the terms, conditions and restrictions contained in this
ordinance.
Ms. Francis Peters Ms. Francis Peters, representing the Department of Law, appeared before the City
appeared re animals Council and advised the City Council that the proposed contract with the Texas College
of Osteopathic Medicine for the sale of unredeemed impounded animals for medical
purposes has a 30 -day cancellation clause and that the contract can be cancelled by
either party for no reason.
Council Member Garrison made a motion, seconded by Council Member Webber, that the
recommendation, as contained in Mayor and Council Communication No. C-12517, be adopted.
When the motion was put to a vote by the Mayor, it prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison,
McCray, Meadows, and Webber
NOES: Council Members Granger and Chappell
ABSENT: Council Member Zapata
There was presented Mayor and Council Communication No. C-12518 from the City
Amendment of contract Manager stating that the City Council approved Mayor and Council Communication
with Nat'l Center No. C-12018 on December 5, 1989, authorizing the City Manager to enter into a contract
for Municipal Dev. with the National Center for Municipal Development for professional services; that the
contract amount is $85,000.00, to be paid in equal, quarterly installments, plus
$3,000.00 for reimbursable expenses; that reimbursable expenses by NCMD that were
related to the Mayor's National League of Cities presidency were unanticipated when the
original contract was executed; that it is requested that the contract be amended to
provide an increase of $7,000.00 of additional funds, in order to complete payment for
basic services and also to reimburse additional expenses expected for September 1990;
that funds are available in the General Fund GG01, Center No. 0904500, Account
No. 539120; and recommending that the City Manager be authorized to execute an
amendment to City Secretary Contract No. 17601 with the National Center for Municipal
Development, Inc., for an additional amount not to exceed $7,000.00. It was the
consensus of the City Council that the recommendation be adopted.
Change Order No. 3 wi{h There was presented Mayor and Council Communication No. C-12519 from the City
Speed Fab -Crete Corp. Manager, as follows:
Minutes of City Council Q-3 Page 91
Section 23. OTHER AUTHORITY SUPERSEDED. Upon effectiveness of this
franchise, any and all authority to operate previously granted to Grantee by
the City of Fort Worth, is superseded by this franchise.
Contract which pro-
There was presented Mayor and Council Communication No. C-12517 from the City
vides sale of unre-
Manager stating that the City Council adopted Ordinance No. 10586 on May 15, 1990,
deemed impounded
which authorized the sale of unredeemed animals impounded three days at the Animal
animals
Control Shelter to TCOM for medical purposes; that only animals which have no collars
or applied identification markings may be selected by TCOM; that such animals shall be
held at the Animal Control Center an additional 24 hours; that records for each animal
selected will be maintained; that, while the contract confers no rights or remedies for
third persons not a party to the contract, TCOM and the City shall endeavor to
cooperate to identify an animal which was previously a pet, and the City may physically
reclaim such an animal prior to TCOM anesthetizing it; that TCOM shall pay $45.00 for
each animal acquired; that the revenue from this contract will be deposited in the
City's General Fund; and recommending that the City Council authorize the City Manager
to execute a contract which provides for the sale of unredeemed impounded animals from
the City Animal Control Shelter to the Texas College of Osteopathic Medicine for
medical purposes.
Ms. Francis Peters Ms. Francis Peters, representing the Department of Law, appeared before the City
appeared re animals Council and advised the City Council that the proposed contract with the Texas College
of Osteopathic Medicine for the sale of unredeemed impounded animals for medical
purposes has a 30 -day cancellation clause and that the contract can be cancelled by
either party for no reason.
Council Member Garrison made a motion, seconded by Council Member Webber, that the
recommendation, as contained in Mayor and Council Communication No. C-12517, be adopted.
When the motion was put to a vote by the Mayor, it prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison,
McCray, Meadows, and Webber
NOES: Council Members Granger and Chappell
ABSENT: Council Member Zapata
There was presented Mayor and Council Communication No. C-12518 from the City
Amendment of contract Manager stating that the City Council approved Mayor and Council Communication
with Nat'l Center No. C-12018 on December 5, 1989, authorizing the City Manager to enter into a contract
for Municipal Dev. with the National Center for Municipal Development for professional services; that the
contract amount is $85,000.00, to be paid in equal, quarterly installments, plus
$3,000.00 for reimbursable expenses; that reimbursable expenses by NCMD that were
related to the Mayor's National League of Cities presidency were unanticipated when the
original contract was executed; that it is requested that the contract be amended to
provide an increase of $7,000.00 of additional funds, in order to complete payment for
basic services and also to reimburse additional expenses expected for September 1990;
that funds are available in the General Fund GG01, Center No. 0904500, Account
No. 539120; and recommending that the City Manager be authorized to execute an
amendment to City Secretary Contract No. 17601 with the National Center for Municipal
Development, Inc., for an additional amount not to exceed $7,000.00. It was the
consensus of the City Council that the recommendation be adopted.
Change Order No. 3 wi{h There was presented Mayor and Council Communication No. C-12519 from the City
Speed Fab -Crete Corp. Manager, as follows:
Minutes of City Council Q-3 Page 91
TUESDAY, SEPTEMBER 25, 1990
If
SUBJECT: CHANGE ORDER NO. 3 FOR THE SOUTHSIDE POLICE SECTOR ADDITION (SPEED
FAB -CRETE CORPORATION INTERNATIONAL OF FORT WORTH)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to approve
Change Order No. 3 to City Secretary Contract No. 17728 with Speed Fab -Crete
Corporation International, for the Southside Police Sector Addition in the
amount of $29,707, increasing the total contract amount to $356,911.50.
RAriCnPni 1Nn
On February 27, 1990 (M&C C-12186), the City Council authorized the City
Manager to execute City Secretary Contract No. 17728 with Speed Fab -Crete
Corporation International, in the amount of $328,847 to construct the
Southside Police Sector Addition.
On July 27, 1990, Change Order No. 1 was approved in the amount of a
($5,051.10) deduct for modifications, changes and deletions to the plans and
specifications.
On August 23, 1990, Change Order No. 2 was approved in the amount of
$3,408.60 for additional drywall work to accommodate the relocation of the
Southside Detectives, increasing the contract amount to $327,204.50.
PROPOSED CHANGE ORDER NO. 3:
This change order is required to:
1. provide an additional 2040 square yards of 5 inch asphalt paving, 25
concrete parking bumpers and related pavement markings; and
Add $29,707
2. add an additional 14 calendar days to accomplish this work.
Staff has reviewed all costs and time extension requests and believes them to
be fair and reasonable for the proposed work.
EFFECT OF PROPOSED CHANGE ORDER NO. 3:
Original Contract Amount: $328,847.00
Approved Change Order No. 1: deduct (5,051.10)
Approved Change Order No. 2: 3,408.60
Recommended Change Order No. 3: 29,707.00
Proposed New Contract Amount: $356,911.50
FINANCING:
Sufficient funds are available in Special Trust Fund FE72, Center
No. 035535000000, Police Awarded Assets. Expenditures will be made from
Account No. 539120.
Council Nember Chappel Council Member Chappell requested permission to abstain from voting on Mayor and
abstained from voting Council Communication No. C-12519 because of a longstanding client relationship and, on
on 14.&C Pio. C-12519 motion of Council Member Meadows, seconded by Council Member Garrison, the request was
approved.
Mayor Pro tempore Gilley made a motion, seconded by Council Member McCray, that
the recommendation, as contained in Mayor and Council Communication No. C-12519, be
adopted. When the motion was put to a vote by the Mayor, it prevailed by the following
vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison,
Granger, McCray, Meadows, and Webber
NOES: None
ABSENT: Council Member Zapata
NOT VOTING: Council Member Chappell
There was presented Mayor and Council Communication No. C-12520 from the City
Authorized Professionall Manager, as follows:
Services and Contracts
SUBJECT: CONSULTANT SERVICE CONTRACTS -JOB TRAINING PARTNERSHIP ACT, (JTPA)
RECOMMENDATION:
It is recommended that the City Manager be authorized to enter into a
Professional Services Contracts on an as needed basis with John G.
Chamberlain, Attorney and JTPA Consultants, D. Strader Taylor, JTPA
Consultant; and National Alliance of Business (NAB); in an amount not to
exceed $50,000, to perform the various services listed below.
Minutes of City Council Q-3 Page 92
TUESDAY, SEPTEMBER 25, 1990
nTSCIISST0N-
The legal complexity of the Job Training Partnership Act (JTPA) from time to
time warrants the use of consultants to assist in appropriately administering
the legislation. Therefore, The Working Connection is requesting authority
to establish a vendor list of qualified consultants for professional services.
Proposals for services were requested in accordance with the federal Office
of Management and Budget Circulars which govern procurement under Federal
Grants.
The following persons and entities meet program and procurement requirements
for services:
John Chamberlain -
$125 per hour
$1,000 per day on-site, plus actual expenses
Although Mr. Chamberlain is an attorney, this contract will not include
his services representing the City as an attorney in litigation.
Strader Taylor -
$1,250 per day including all fees and expenses
National Alliance of Business (NAB) -
$750 per day including professional fees and travel expenses
Neece Benson Associates, Inc.
$125 per hour plus normal out-of-pocket expenses.
These consultants are qualified to perform the following types of services
for The Working Connection:
. Development of Written Procurement Procedures
Establishment of Administrative Guidelines
. Contract Review and rewrite of agreements to conform to Federal and
State guidelines
. Develop special JTPA Plans as required by the State
Rewrite JTPA contract boilerplates
. On-site training for staff in Employment and Training Department
relative to program design and implementation
. Conduct on-site follow-up, as needed, during program implementation
. Development of Marketing Materials
Audit Resolution
Planning for Workforce Reductions and Plant Closings
Seminars
Services to be rendered on a retainer or "as needed" basis, from July 1, 1990
to June 30, 1991, with the option to renew for one additional year.
FINANCING:
Sufficient funds are available in:
FUND
ACCOUNT
CENTER
NAME
GR76
531200
008405517010
$10,000.00
JTPA
IIA Admin.
GR76
531200
008405511010
1,600.00
JTPA
IIB Admin.
GR76
539120
008405522010
24,000.00
JTPA
III Admin.
GR76
539120
008405522301
14,400.00
JTPA
III Readjustment
$50,000.00
It was the consensus of the City Council that the recommendation, as contained in Mayor
and Council Communication No. C-12520, be adopted.
Contract with Steed There was presented Mayor and Council Communication No. C-12521 from the City
Inc for water main Manager submitting a tabulation of bids received for Water Rehabilitation at Five
rehabilitation
Locations, Contract "R" at the following locations:
1. Cromart Avenue - Westcreek to Odessa
2. Fortune Road - Clayton West to Clayton East
3. Harlanwood Drive - Owenwood to Trailwood
4. 6th Avenue - I-820 to Edgecliff
5. Winfield Avenue - Brady to Butler
It is recommended that the City Council:
1. Authorize a fund transfer in the amount of $530,830.00* from Water and
Sewer Operating Fund PE45, Center No. 0609020 to Water Capital
Improvement Fund PW53, Center No. 060530171390, Water Rehabilitation,
Contract "R", and
Minutes of City Council Q-3 Page 93
til
It
TUESDAY, SEPTEMBER 25, 1990
2. Authorize the City Manager to execute a construction contract with
Steed, Inc., for water main rehabilitation at five locations,
Contract "R" on the low bid of $475,830.00. ,
*Includes $25,000.00 for possible change orders as established by City
Ordinance No. 10437 and $30,000.00 for inspection and survey.
It was the consensus of the City Council that the recommendations be adopted.
ntract for drying be There was presented Mayor and Council Communication No. C-12522 from the City
pairs Manager submitting a tabulation of bids received for drying bed repairs at the Village
Creek Wastewater Treatment Plant; and recommending that the City Council:
1. Authorize a fund transfer in the amount of $147,828.00* from Water and
Sewer Operating Fund PE45, Center No. 0709020 to Sewer Capital
Improvement Fund PS58, Center No. 070580171310, Drying Bed Repairs; and
2. Authorize the City Manager to execute a construction contract with
Martin K. Eby Construction Co., Inc., for Drying Bed Repairs at the
Village Creek Wastewater Treatment Plant on the low bid of $131,264.75.
It was the consensus of the City Council that the recommendations be adopted.
nsent assignment for There was presented Mayor and Council Communication No. C-12523 from the City
acham Boulevard, Manager, as follows:
it II and III
SUBJECT: CONSENT TO ASSIGNMENT OF CITY SECRETARY CONTRACT NO. 17179 -
MEACHAM BOULEVARD, UNIT II AND III, MARK IV PARKWAY TO BURLINGTON
NORTHERN RAILROAD (NORTH -HALF)
RECOMMENDATION:
It is recommended that:
1) The City Council of the City of Fort Worth consent to the assignment of
all rights and privileges under City Secretary Contract No. 17179, from
Earl R. Waddell and Sons to DRR Industries, Inc., on the condition that
DRR Industries, Inc. agrees to:
a) Comply with and abide by the terms and conditions of City Secretary
Contract No. 17179, the same as if DRR Industries, Inc. was the
original signatory to said contract; and
b) Assume all present and future duties, obligations and
responsibilities of Earl R. Waddell and Sons occurring under the
terms and conditions of City Secretary Contract No. 17179.
2) On June 30, 1989, City Secretary Contract No. 17179, Meacham Boulevard,
Unit II and III, Mark IV Parkway to Burlington Northern Railroad
(North -half), was executed by the City Manager. Subsequently, the
developer, Earl R. Waddell and Sons, sold the property to DRR
Industries, Inc. The developer now requests the City's approval to
assign the rights, privileges and duties under the subject Community
Facilities Agreement to DRR Industries, Inc. and requests the consent of
the City of Fort Worth to such assignment. Section IV -G, General
Requirements, of City Secretary Contract No. 17179 states that the
"rights or privileges under said agreement shall not be assigned without
the prior approval of the City Council".
It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. C-12523, be adopted.
ermination of City's There was presented Mayor and Council Communication No. C-12524 from the City
ommunity facilities Manager stating that Blakeman Corporation and the City agreed in the community
greement facilities agreement to improve Meacham Boulevard in front of Blakeman's property;
that, as part of the agreement, Blakeman agreed to pay the paving assessment resulting
from the construction; that the agreement required Blakeman to pay the assessment in
installments for 9 years at 8 percent interest on any unpaid balance; that a dispute
arose between Blakeman and NCNB concerning a loan secured by Blakeman's property
abutting Meacham Boulevard; that, because of the community facilities agreement, the
settlement agreement requires termination of the community facilities agreement and the
consent of the City to the settlement agreement; that it is advantageous to the City to
terminate the community facilities agreement and consent to the settlement agreement
between Blakeman and NCNB; that, under the settlement agreement, NCNB acknowledges:
that its lien upon Blakeman's property is subject to the assessment; that the City's
termination of the community facilities agreement and consent to the settlement
agreement will deny benefits of the community facilities agreement to NCNB; and that
payment of the paving assessment will be due 30 days after the date upon which the City
accepts the improvements; and recommending that the the City Council terminate the
City's community facilities agreement with Blakeman Corporation (City Secretary
Contract No. 17180) and consent to the settlement agreement between Blakeman and its
lender.
Council Member Garrison advised the City Council of his relationship with NCNB
which disqualifies him from voting on Mayor and Council Communication No. C-12524.
Minutes of City Council Q-3 Page 94
TUESDAY, SEPTEMBER 25, 1990
Council Member Webber advised the City Council of her relationship with NCNB which
disqualifies her from voting on Mayor and Council Communication No. C-12524.
Council Member Chappell disclosed his retail credit card account with NCNB and
City Attorney Adkins advised Mr. Chappell he is not disqualified from voting on Mayor
and Council Communication No. C-12524.
Mayor Pro tempore Gilley made a motion, seconded by Council Member Granger, that
the recommendation, as contained in Mayor and Council Communication No. C-12524, 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 Granger,
McCray, Meadows, and Chappell
NOES: None
ABSENT: Council Member Zapata
NOT VOTING: Council Members Garrison and Webber
Agreement for the There was presented Mayor and Council Communication No. C-12525 from the City
Interim Sludge Dispo- Manager stating that the Village Creek Wastewater Treatment Plant is undergoing
sal Bid Package expansion and modifications to increase the plant treatment capacity and to upgrade
treatment capabilities to meet more stringent requirements; that Alan Plummer and
Associates was retained to analyze drying bed capacity and options to improve capacity
to provide sludge drying until alternate facilities are available; that their
investigation has determined that additional dewatering capacity will be required to
augment the capacity of the drying beds due to excessive rainfall, equipment problems,
and general degradation of the drying beds; that their analysis also indicates that a
portion of the 4.5 acres of drying beds may need cleaning by a disposal contractor, in
order for the beds to be repaired and returned to service; and recommending that the
City Council:
1. Authorize a fund transfer in the amount of $69,141.00 from Sewer Capital
Improvement Fund PS46, Center No. 070460139010, Unspecified to Sewer
Capital Improvement Fund PS46, Center No. 070460220040, Sludge Disposal
Bid Package; and
2. Authorize the City Manager to execute an engineering agreement with Alan
Plummer and Associates for the Interim Sludge Disposal Bid Package at
the Village Creek Wastewater Treatment Plant for a total fee not to
exceed $69,141.00.
On motion of Mayor Pro tempore Gilley, seconded by Council Member Meadows, the
recommendations were adopted.
Contract with the Art There was presented Mayor and Council Communication No. C-12526 from the City
Council of rt Worth Manager, as follows:
and the Intl Sister
Cities Asso. SUBJECT: CONTRACTS WITH THE ARTS COUNCIL OF FORT WORTH AND TARRANT COUNTY,
AND THE INTERNATIONAL SISTER CITIES ASSOCIATION OF FORT WORTH
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute
a contract with the Arts Council of Fort Worth and Tarrant County in the
amount of $97,884, and with the International Sister Cities Association of
Fort Worth in the amount of $95,026, for the period of October 1, 1990,
through September 30, 1991.
DISCUSSION:
The Arts Council of Fort Worth and Tarrant County, through the Performing
Arts Grant Program, provides financial assistance to nonprofit organizations
in Fort Worth on a project basis for performances which enhance the cultural
and artistic life of the community. Funds for the programs are appropriated
to the Arts Council by the City from a portion of the Hotel/Motel Occupancy
Tax receipts. All grants are subject to the approval of a Grant Review Panel
of the Arts Council; two of its members (one Council member and one
representative of the City Manager's Office) are appointed by the City.
Since the City of Fort Worth became involved in the International Sister
Cities Association, affiliations have been established with five cities:
Reggio Emilio, Italy; Trier, West Germany; Nagaoka, Japan; Bandung,
Indonesia; and Budapest, Hungary. International Sister Cities Association of
Fort Worth, Inc., in 1986-87 agreed by contract to perform the City's
responsibilities for the 1987 Sister Cities International Conference, which
was held in Fort Worth, and to provide staff assistance to Sister Cities
volunteers. In 1987-88, the growing number of sister cities activities
required full-time staffing of a Fort Worth Sister Cities office to assist
the City of Fort Worth, which has the official relationship with the five
cities.
Minutes of City Council Q-3 Page 95
TUESDAY, SEPTEMBER 25, 1990
The City of Fort Worth budget adopted for 1990-91 includes a $97,884
appropriation for the Arts Council to provide assistance in the distribution
of public funds for the support of the arts in Fort Worth through the
Performing Arts Grant Program. The adopted budget also includes a $95,026
appropriation for the International Sister Cities Association of Fort Worth
to provide staff, office expenses, and coordination and implementation of
Sister Cities activities necessary to Fort Worth's participation in the
growing number of Sister Cities activities. It is proposed that the City
Council approve a contract between the City of Fort Worth and each of these
agencies for the period of October 1, 1990, through September 30, 1991.
FINANCING:
Sufficient funds from the City of Fort Worth's annual Hotel/Motel Occupancy
Tax revenue were set aside in the 1990-91 adopted budget for funding each of
these proposals. Sufficient funds are available for the Arts Council in
Culture and Tourism Fund GG04, Account Number 539120, Center 0242000 Arts
Council. Sufficient funds are available for the International Sister Cities
Association of Fort Worth in Culture and Tourism Fund GG04, Account Number
539120, Center 0247000, International Activity.
1. Accept a grant modification and negotiate a contract with the Department
of Commerce which will increase the City's Job Training Partnership Act
(JTPA) Title III Dislocated Workers Program Contract with TDOC by
$2,000,000.00 for the period July 1, 1990, through June 30, 1991. The
purpose of this modification is to allow expansion of services to
dislocated workers in the area.
2: Execute an
City Attorney Adkins advised Council Member Webber that she is not prohibited from
contract with the
voting on Mayor and Council Communication No. C-12526.
Commission
Council Member Granger made a motion, seconded by Council Member Meadows, that the
of its contract by
recommendation, as contained in Mayor and Council Communication No. C-12526, be adopted.
implement
When the motion was put to a vote by the Mayor, it prevailed unanimously.
Acceptance of grant
There was presented Mayor and Council Communication No. C-12527 from the City
modification and nego
Manager stating that the City Council authorized the City Manager to execute a contract
tiation of contract
with the Texas Department of Commerce in the amount of $1,114,617.00 on May 8, 1990, to
with Dept of Commerce
implement a Dislocated Workers' Program for the period of July 1, 1990, through
above.
June 30, 1991; that the City Manager was authorized on June 26, 1990, to execute a
sub -contract with the Texas Employment Commission in the amount of $233,228.00 to
implement some of the services for the Dislocated Workers' Program; that the original
plan, outlined in Mayor and Council Communication No. C-12313, was that the program
would serve 630 dislocated workers; that, over the past two months, however, it has
become apparent that the size of area layoffs is greater than anticipated and cannot be
addressed with the approved funds; that General Dynamics and Motorola have announced
recently mass layoffs; that the number of workers affected by these layoffs and others
who are likely to be served through the program exceeds the original goal for the
program; that the General Dynamics layoff already has required the hiring of additional
staff; that services and activities to be provided with these additional funds are the
same as those described in detail in Mayor and Council Communication No. C-12313; that
this amendment request will be reviewed by the Private Industry Council during its
September 6th meeting, and any changes made by the P.I.C. will be forwarded to Council
prior to its action; and recommending that the City Council authorize the City Manager
to:
1. Accept a grant modification and negotiate a contract with the Department
of Commerce which will increase the City's Job Training Partnership Act
(JTPA) Title III Dislocated Workers Program Contract with TDOC by
$2,000,000.00 for the period July 1, 1990, through June 30, 1991. The
purpose of this modification is to allow expansion of services to
dislocated workers in the area.
2: Execute an
amendment of the City's
contract with the
Texas Employment
Commission
increasing the amount
of its contract by
$183,010.00 to
implement
expanded services for
Dislocated Workers
under the JTPA
Title III during the period of October
1, 1990, through
June 30, 1991.
Monies for
this modification are
included in the $2,000,000.00 noted
above.
3. Apply the indirect cost rate of 2.44 percent in accordance with the 1990
cost allocation plan approved May 24, 1990, by the U.S. Department of
Housing and Urban Development.
It was the consensus of the City Council that the recommendations be adopted.
Submission of proposal There was presented Mayor and Council Communication No. C-12528 from the City
from Governor's Office Manager, as follows:
SUBJECT: CONTRACT WITH FORT WORTH HOUSING AUTHORITY - HOUSING PARTNERSHIP
HOUSING PROPOSAL
RECOMMENDATION:
It is recommended that City Council authorize the City Manager to:
1. Submit a proposal for $71,720 in response to the Housing Partnership
Program Request for Proposals from the Governor's Office and upon
approval;
2. Accept the funds and execute a contract with the Office of the Governor;
Minutes of City Council Q-3 Page 96
TUESDAY, SEPTEMBER 25, 1990
3. Authorize the Accounting Division of the Finance Department to establish
the grant project account in the City of Fort Worth's financial
accounting system upon receipt of an executed contract; and
4. Execute a contract with the Fort Worth Housing Authority as the
subrecipient of $71,720 to be utilized for specified program activities
in support of the Rehabilitation Skills and Academic Training Program
for Residents of Public Housing.
DISCUSSION:
The Office of the Governor has issued a Request for Proposals for the Housing
Partnership (Energy Conservation) program. Specifically, $4,000,000 in oil
overcharge funds is available for statewide competition among community
action agencies, local governments and social service agencies to undertake
projects that involved housing and energy conservation for low -to -moderate
income persons. A dollar -for -dollar match is required.
The City is proposing to make application under the category of "training and
technical assistance for residents of low -to -moderate income housing and
capital expenditures and labor costs for demonstration projects".
The City's proposal would be in support of the Fort Worth Housing Authority's
Rehabilitation Skills and Academic Training for Residents of Public Housing
Program. Through this program Fort Worth Housing Authority clients will
receive rehabilitation skills training in areas such as carpentry, door and
window repair, electrical, plumbing, drywall, formica, painting, roofing, etc.
Such training will involve 6 months of hands -on -training provided by the
Tarrant County Junior College. In addition the clients will receive academic
instruction in math, reading, computer literacy, etc. After completion of
the training program, the clients will receive assistance with securing paid
jobs with contractors and sub -contractors.
The program will last for two years with four 6 -month training modules.
There will be 15-20 clients per module. Funds for the Housing Authority's
program are provided by the Department of Housing and Urban Development
($286,472). The funding requested through the application to the Governor's
Office would be used to pay instructors and to provide training supplies for
an additional class in weatherization and energy conservation. Through this
class the clients would learn to do caulking and weatherstripping, hang storm
doors and windows, make window and door repairs, insulate attics, floors and
walls, perform energy audits, test with blower doors, solar applications,
water conservation measures, etc.
Funds are also being requested to provide for a 2 week on-the-job training
program for the clients who successfully complete the training program. The
on-the-job training program will be assisting local non-profit housing
agencies with the weatherization of homes to be purchased by lower income
families. Such funds will be used to pay the salaries of the clients and to
purchase the materials for weatherizing the homes. It is anticipated that
the clients will be able to weatherize 10 homes during the course of the
2 -year program period.
FINANCING:
In the proposal to the Governor's office $71,720 will be requested. The
dollar -for -dollar match will be provided through the $286,472 as secured by
the Fort Worth Housing Authority from the Department of Housing and Urban
Development. The City will not be providing any new funding. $71,720
received through this program will be subcontracted to the Fort Worth Housing
Authority.
The indirect cost rate does not apply to this proposal.
It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. C-12528, be adopted.
Contract for grout There was presented Mayor and Council Communication No. C-12529 from the City
repair and expansion Manager submitting a tabulation of bids received for grout repair and expansion joint
joint caulking caulking at Rolling Hills Water Treatment Plant; and recommending that the City
Council:
1. Authorize a fund transfer in the amount of $72,000.00* from Water and
Sewer Operating Fund PE45, Center No. 0609020 to Water Capital
Improvement Fund PW53, Center No. 060530160190, Grout Repair and
Expansion Joint Caulking; and
2. Authorize the City Manager to execute a construction contract with
Willard Smith Construction Co. for Grout Repair and Expansion Joint
Caulking at Rolling Hills WTP on the low bid of $61,000.00.
*Includes $6,000.00 for possible change orders as established by City
Ordinance No. 10437 and $5,000.00 for inspection and survey.
It was the consensus of the City Council that the recommendations be adopted.
Minutes of City Council Q-3 Page 97
TUESDAY, SEPTEMBER 25, 1990
Change Order No. 9, There was presented Mayor and Council Communication No. C-12530 from the City
Sludge Management Manager, as follows:
Project
SUBJECT: PROPOSED CHANGE ORDER NO. 9 TO VILLAGE CREEK WASTEWATER TREATMENT
PLANT, SLUDGE MANAGEMENT PROJECT, PHASE 1-B-2, DIGESTERS AND
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 $67,381 from Sewer
Capital Improvement (Bond) Fund PS54, Center No. 070540149010,
Unspecified to Grant Fund GR76, Center No. 070214698040, Village Creek
Sludge Management Project, Phase 1-B-2, Digesters and Thickeners; and
2. Authorize Change Order No. 9 in the amount of $67,381 to the contract
for the Village Creek Wastewater Treatment Plant, Sludge Management
Project, Phase 1-B-2, Digesters and Thickeners, revising the total
contract cost to $15,087,917.26.
PROJECT NO.: PS54-070540160010 (GR76-070214698040)
RArvnPniINn
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, it was found necessary to correct, amend or modify
certain items to obtain a complete, functional and operational system. The
contractor, Martin K. Eby Construction Co., Inc., will perform this
additional work for $67,381. The proposed changes are as follows:
1. Install local terminal cabinet for terminating
control wiring in computer control room @
Lump Sum $21,922.00
2. Modify influent pump station complex, build
retaining wall and reroute conduit @ Lump Sum 319043.00
3. Install 154 L.F. curb and gutter and 150 S.Y.
asphalt paving at loading dock @ Lump Sum 2,248.00
4. Provide electrical control system @ Lump Sum 4,505.00
5. Relocate 9 NEMA control panels from east and
west gas buildings to the control building @
Lump Sum 7,663.00
Total Change Order $67,381.00
The net effect of the proposed change order is as follows:
Original Contract Cost $15,250,000.00
Extras to Date $ 218,638.36
Credits to Date $ -448,102.00
Proposed Change Order No. 9 $ 67,381.00
Revised Contract Cost $15,087,917.36
The construction manager (BCFN) and 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 Sewer Capital Improvement
(Bond) Fund PS54, Center No. 070540149010, Unspecified. Upon approval and
completion of Recommendation No. 1 in the amount of $67,381.00, sufficient
funds will be available in Grant Fund GR76, Center No. 070214698040, Village
Creek Sludge Management Project, Phase 1-B-2, Digesters and Thickeners.
Expenditures will be made from Account No. 541320.
It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. C-12530, be adopted.
Agreement for Inflow/ There was presented Mayor and Council Communication No. C-12531 from the City
Infiltration Evaluati n Manager, as follows:
for M-240 and M-269 SUBJECT: ENGINEERING AGREEMENT WITH RJN MCCULLOUGH ASSOCIATES, INC., FOR
Drainage Areas INFLOW/INFILTRATION EVALUATION FOR M-240 AND M-269 DRAINAGE AREAS
Minutes of City Council Q-3 Page 98
ori
.,....p
TUESDAY, SEPTEMBER 25, 1990
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a fund transfer in the amount of $205,000* from Water and
Sewer Operating Fund PE45, Center No. 0709020 to Sewer Capital
Improvement Fund PS58, Center No. 070580220220, M-240 and M-269 Drainage
Areas I/I Evaluation: and
2. Authorize the City Manager to execute an engineering agreement with RJN
McCullough Associates, Inc. for Inflow/Infiltration Evaluation for M-240
and M-269 Drainage Areas for a total fee not to exceed $202,255.
PROJECT NO: PS58-070580220220
DISCUSSION:
On May 8, 1990 (M&C C-12310), the City Council authorized a contract with RJN
McCullough Associates, Inc. to provide flow monitoring and analysis of the
M-134 and M-216 sanitary sewer drainage areas. The purpose of this contract
was to obtain accurate data on the amount of inflow and infiltration (I/I)
entering the system during wet weather which might lead to manhole overflows.
The analysis of the flow monitoring data was used to prioritize the areas
with the worst I/I. This contract has been substantially completed and has
revealed that many of the sub -areas that were metered have excessive I/I.
Detailed investigation of the selected areas with smoke testing, TV
inspection and hydraulic analysis will be performed to determine the exact
nature and location of the defects in the sewer pipes with design of the
corrections to these defects to follow.
*Includes $2,745 for staff review
It is recommended that RJN be authorized to provide the detailed
investigation of the drainage areas for M-240 and M-269. The M-240 drainage
area had a high rate of inflow, although not as high as some others metered,
and was selected for detailed investigation due to customer complaints in the
area last spring and observed manhole overflows. M-269 indicated a very high
rate of inflow and needs to be evaluated. Both sewer mains contribute to
known wet weather flow problems in Edgecliff Village. These two mains are
sub -areas of M-216 and are located in the southwest part of the City.
NEED FOR A CONSULTING FIRM:
RJN McCullough Associates, Inc. is experienced at this method of sanitary
sewer evaluation and repair based on the cost effective removal of inflow and
infiltration. This type of rehabilitation was recently completed for the
M-73 drainage area with positive results. The work will be accomplished by
the following tasks:
1. Mobilization, administration and data management
2. Physical survey
3. Rainfall simulation
4. Cleaning and internal television inspection
5. Analysis and report
The engineer has complied with the City's DBE policy.
COMPENSATION:
Payment shall be made on the basis of detailed statements of service
including both expenses and the extent of services performed. The sum of all
payments shall not exceed $202,255. All invoices, except the final invoice,
will be for calendar month periods in which significant work is accomplished.
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 $205,000.00,
sufficient funds will be available in Sewer Capital Improvement Fund PS58,
Center No. 070580220220, M-240 and M-269 Drainage Areas I/I Evaluation.
Expenditures will be made from Account No. 539120.
It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. C-12531, be adopted.
There was presented Mayor and Council Communication No. C-12532 from the City
Manager stating that, during the 1990-91 budget process, the staff presented Council
with a detailed report on operations at the Fort Worth Zoo and outlined options for
achieving adequate staffing and operational levels to ensure public safety and animal
Minutes of City Council Q-3 Page 99
p.)()
TUESDAY, SEPTEMBER 25, 1990
health; that the staff approached the Fort Worth Zoo Association about additional
long-term financial and operational commitments from that organization; that a draft
contract defining a new relationship between the City and the Association was forwarded
to the City Council on September 10, 1990; that, after further review by the Department
of Law and some changes suggested by various Council members and other interested
parties, the contract is recommended for approval at this time; stating that funds are
available in the 1990-91 Park and Recreation Department budget to support the first
year of the contract; and recommending that the City Council approve the contract with
the Fort Worth Zoo Association and authorize the City Manager to execute the contract,
with the term of contract to be for 20 years and may be renewed for successive ten-year
periods by mutual written agreement of the parties.
Minutes of City Council Q-3 Page 100
Council Member Garrison made a motion, seconded by Council Member Webber, that
Mayor and Council Communication No. C-12532 be continued for three weeks and that a
workshop be conducted on October 9, 1990.
Mrs. Carol Vance
Mrs. Carol Vance, 2240 Winton Terrace West, appeared before the City Council and
appeared re Zoo
expressed opposition to the proposed contract with the Fort Worth Zoo Association for
operational services at the Fort Worth Zoo.
Mr. David O'Brien, Jr
Mr. David O'Brien, Jr., 2220 Windsor Place, appeared before the City Council and
appeared re zoo
expressed opposition to the proposed contract with the Fort Worth Zoo Association for
operational services at the Fort Worth Zoo.
Mr. Joe Cameron
Mr. Joe Cameron, 4605 Applewood Street, representing Concerned Citizens Group,
appeared re zoo
appeared before the City Council and requested that the City Council postpone action
indefinitely on the proposed contract with the Fort Worth Zoo Association for
operational services at the Fort Worth Zoo.
Mr. David Knapp
Mr. David Knapp, 2200 Winton Terrace East, appeared before the City Council and
appeared re zoo
expressed opposition to the proposed contract with the Fort Worth Zoo Association for
operational services at the Fort Worth Zoo.
Mr. Warren Gould
Mr. Warren Gould, 2211 Windsor Place, appeared before the City Council and
appeared re zoo
expressed opposition to the proposed contract with the Fort Worth Zoo Association for
operational services at the Fort Worth Zoo and requested that the City Council not take
the proposed action without compliance with Chapter 21, Section 5, of the City Charter.
Mrs.Linda Hanratty
Mrs. Linda Hanratty, representing the League of Women Voters, appeared before the
appeared re zoo
City Council and requested that the City Council ensure that the proposed contract with
the Fort Worth Zoo Association with operational services at the Fort Worth Zoo is in
the best interest of the City.
Mrs. Carlotta Norman
Mrs. Carlotta Norman, 1945 Dartmoor Court, appeared before the City Council and
appeared re zoo
expressed opposition to the proposed contract with the Fort Worth Zoo Association for
operational services at the Fort Worth Zoo.
Mr. Rudy Bechtel
Mr. Rudy Bechtel, 2401 Rogers, appeared before the City Council and expressed
appeared re zoo
opposition to the proposed contract with the Fort Worth Zoo Association for operational
services at the Fort Worth Zoo.
Mr. Timothy S. Stewar
Mr. Timothy S. Stewart, Sr., 6209 Vel Drive East, appeared before the City Council
Sr. appeared re -.zoo
and expressed opposition to the proposed contract with the Fort Worth Zoo Association
for operational services at the Fort Worth Zoo.
When the motion, that Mayor and Council Communication No. C-12532 be continued for
three weeks and that a workshop be conducted on October 9, 1990, was put to a vote by
the Mayor, it prevailed unanimously.
It appearing to the City Council that on September 4, 1990, the City Council set a
public hearing for today to consider the proposed improvements and services in the Fort
Worth Improvement District No. 1, Mayor Bolen asked if there was anyone present
desiring to be heard.
Psis. Ann Diveley appea
ed Ms. Ann Dively, representing the Office of the City Manager, presented the staff
re public hearing
report to the City Council and called attention of the City Council to Mayor and
Council Communication No. G-8820, as follows:
SUBJECT: PUBLIC HEARING AND ACTION CONCERNING FORT WORTH IMPROVEMENT
DISTRICT NO. 1
RECOMMENDATION:
It is recommended that the City Council take the following actions regarding
the Fort Worth Improvement District No. 1:
1. Hold a public .hearing concerning the following matters:
a. the general nature of the proposed improvements and services to be
provided during FY 90-91;
b. the estimated costs of the proposed improvements and services to be
provided during FY 90-91;
co the boundaries of the public improvement district;
Minutes of City Council Q-3 Page 100
z
TUESDAY, SEPTEMBER 25, 1990
d. the proposed method of assessment, and;
e. the proposed apportionment of costs between the improvement
district and the municipality as a whole.
2. Adjourn the public hearing.
3. Adopt the attached resolution which:
a. adopts the service, improvement and assessment plan which was
recommended by the Advisory Board of Fort Worth Improvement
District No. 1 for the 1990-91 fiscal year;
b. makes findings concerning the nature and advisability of the
improvements and 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,
ce directs the City Secretary to publish notice of such findings as
provided by law.
d. authorizes the City Manager to execute a document extending the
contract with Downtown Fort Worth, Inc. to provide improvements
and/or services in the District for fiscal year 1990-91.
BACKGROUND:
On September 4, 1990, the City Council approved M&C G-8790 which scheduled a
public hearing for September 25, 1990 at 10:00 a.m. concerning various
matters regarding the proposed budget and plan of services for Fort Worth
Improvement District No. 1 during fiscal year 1990-91. Notice of the hearing
was given by the City Secretary in accordance with Chapter 372, Subchapter A,
section 372.001 et seq. of the Local Government Code (Public Improvement
District Act).
Section 372.010 of this Act provides that after adjournment of this hearing,
the City Council, at any time within six months after such adjournment, may
adopt a resolution authorizing the provision of services and improvements
within the district in accordance with its findings as to the advisability of
said services and improvements. If the Council adopts the resolution,
authorization for the improvements and services would take effect when notice
of adoption of the resolution is published once in a newspaper of general
circulation.
Mr. Bob Browder Mr. Bob Browder, Chairman of the Advisory Board for the Fort Worth Improvement
appeared re public District No. 1, appeared before the City Council and advised the City Council that the
hearing Advisory Board has reviewed the plan carefully and recommends the adoption of a plan
and the budget for Fort Worth Improvement District No. 1 for fiscal year 1990-91.
Mrs. Helen Wallace Mrs. Helen Wallace, 312 East Weatherford Street, appeared before the City Council
appeared re public and expressed opposition to the proposed improvements and services in Fort Worth
hearing Improvement District No. 1 for fiscal year 1990-91.
Mr. Larry Taylor Mr. Larry Taylor, 1301 Calhoun, appeared before the City Council and requested
appeared re public that his assessments be reduced by 50 percent for the Fort Worth Improvement District
hearing assessments No. 1 for fiscal year 1990-91.
Mr. Taylor was advised that the hearing being conducted today is not for the
assessments to be levied and that all property owners will be given an opportunity at a
later date to speak before the City Council regarding the proposed assessments.
There being no one else present desiring to be heard in connection with the
hearing on Fort Worth Improvement District No. 1, Mayor Pro tempore Gilley introduced a
resolution 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 resolution, prevailed
by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison,
Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: Council Member Zapata
The resolution, as adopted, is as follows:
Resolution No. 1674 RESOLUTION NO. 1674
WHEREAS, on September 5, 1989, the City Council of the City of Fort
Worth adopted a Resolution which authorized the re-establishment of the Fort
Worth Improvement District No. 1 (the "District") as provided in the Public
Improvement District Act, Chapter 372, Subchapter A, Section 372.001 et seq.,
and,
Minutes of City Council Q-3 Page 101
TUESDAY, SEPTEMBER 25, 1990
WHEREAS, at 10:00 a.m. on September 25, 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 during FY 90-91;
b. the estimated costs of the proposed improvements and services to be
provided during FY 90-91;
ce the boundaries of the public improvement district;
d. the proposed method of assessment, and;
e. the proposed apportionment of costs between the improvement
district and the municipality as a whole.
WHEREAS, the City Council adjourned such public hearing;
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 25, 1990, hereby makes
the following findings:
a. It is advisable for the Fort Worth Improvement District No. 1 to
undertake and provide improvements and/or services during the
1990-91 fiscal year.
b. The general nature of the improvements and/or services of the
District shall include:
(1) A maintenance and landscaping program consisting of
supplemental street sweeping, sidewalk cleaning, bus shelter
cleaning, planting and landscape maintenance, streetscape
improvements and trash receptacle pickup;
(2) A promotions program consisting of recreational and cultural
enhancements and activities; a promotional program; and the
staging or monitoring of special recreational and cultural
events;
(3) A marketing program consisting of an advertising and marketing
campaign to promote the use of the District to three target
populations (primarily), downtown workers, visitors, and Fort
Worth and Tarrant County residents;
(4) A security program consisting of additional police services, a
public relations crime prevention campaign, a private security
force coordination campaign, a parking garage and parking lot
security program, and a park security program;
(5) A transportation and parking program consisting of a campaign
to promote FWTA bus service and ridesharing; the development
of a plan concerning better utilization of short-term parking
facilities; and the improvement of traffic signs;
(6) A management program to provide for the establishment,
administration, management, and operation of the District.
The proposed improvements and/or 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 will be provided to the taxpayers generally.
C, A preliminary estimate of the cost of the improvements and/or
services of the district during fiscal year 1990-1991 is:
TO BE
TOTAL ASSESSED
COST 1990-91 FY
(a)
A
maintenance and landscaping program
$425,912
$ 328,828
(b)
A
promotions program
85,000
48,000
(c)
A
marketing program
53,000
53,000
(d)
A
security program
21,000
21,000
(e)
A
transportation & parking program
4,005
4,005
(f)
A
management program
152,760
142,760
TOTALS
741,677
597,5931
Note 1. The additional $144,084 in revenue will come from a contract with
the city for payment in lieu of services which the District will
provide ($82,084), a contract with the Fort Worth Transit Authority
Minutes of City Council Q-3 Page 102
TUESDAY, SEPTEMBER 25, 1990
for bus shelter cleaning ($15,000), revenue from District events
($11,000), interest earnings ($10,000), and the use of contingency
funds (26,000).
d. The cost of improvements and/or services shall be determined in
accordance with the service plan heretofore approved and adopted by
the City Council on September 5, 1989. The updated service plan
for the 1990-91 fiscal year which was recommended to the City
Council by the Advisory Board 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.
e. The boundaries of the improvement district are:
The area bounded by Jones St. on the east; Lancaster Ave. on the
South; Texas St., Macon St., Fourth St., Burnett St., Belknap St.
and Taylor St. on the west; and the Trinity River and the east 100
and east 200 blocks of Bluff Street on the north. Such area is
more particularly shown on a map which is attached hereto, marked
Exhibit A, and made a part hereof by reference.
f. The method of assessment is:
(1) A service plan was approved and adopted by the City Council on
September 5, 1989 for a period of not less than five years.
The plan shall 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 an improvement and/or special service 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.
(3) The City Council Resolution of September 5, 1989, which
authorized establishment of the District contains a provision
which states that during the five-year term of the District,
the annual assessments against real property in the District
will not exceed an amount equal to 8.5 cents per $100 of the
value of such property as determined by the City Council,
including the value of structures or other improvements.
g. The apportionment of costs between the improvement district and the
city as a whole shall be:
(1) All of the cost of an improvement and/or service will be paid
by either:
(a) Special assessments against real property and structures
or other improvements thereon in the district;
(b) Contractual agreements with the City; or,
(c) Revenues from district activities.
(2) The City of Fort Worth shall be responsible for the payment of
assessments on exempt, city -owned real property and structures
or other improvements thereon in the district. The payment of
assessments on property owned by other exempt jurisdictions
could be established by contract.
(3) The City Council of the City of Fort Worth shall 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.
(4) 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.
(5) The probable maximum benefits to be conferred on each tract in
the district because of the improvements and/or services will
be greater than the amount of the assessment against such
tract and the owners thereof.
h. The City Council Resolution of September 5, 1989, authorizing
establishment of the district provides that the District will exist
for five years immediately following adoption of such Resolution
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.
Minutes of City Council Q-3 Page 103
Adjourned
TUESDAY, SEPTEMBER 25, 1990
i. The area to be assessed shall not include any property not within
the area described in paragraph 1(e).
2. The City Secretary is hereby directed to give notice of authorization
for the District to provide improvements and/or services during the
1990-91 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 to execute a document which would
extend the contract with Downtown Fort Worth, Inc., to provide
improvements and/or services in the District under this Resolution, and
the service plan for the 1990-91 fiscal year is 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.
There being no further business, the City
CITY SECRETARY
Minutes of City Council Q-3 Page 104