HomeMy WebLinkAbout1990/10/16-Minutes-City CouncilCITY COUNCIL MEETING
OCTOBER 16, 1990
On the 16th day of October, 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:
Minutes of City Council Q-3 Page 225
226
TUESDAY, OCTOBER 16, 1990
Members present Mayor Bob Bolen; Mayor Pro tempore Garey W. Gilley; Council Members Louis J.
Zapata, 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; with more than a quorum present, at which time the following
business was transacted:
InvocationII The invocation was given by The Reverend Nancy Nelson, Richland Hills United
Methodist Church.
Pledge of Allegian a The Pledge of Allegiance was recited.
Minutes approved On motion of Mayor Pro tempore Gilley, seconded by Council Member Meadows, the
of October 9, 1990 minutes of the meeting of October 9, 1990, were approved.
meeting
Proclamation to
A proclamation for Fort Worth Goes Wild at Sundance Square Days was presented to
Dr. Gerald Lieber-
Dr. Gerald Lieberman, President, The Pride of Texas Conservation Fund.
man
Commission on
Proclamation to
A proclamation for Neighborhoods Fort Worth: Growing in the 90's Week was
Fort Horth
presented to Fort Worth Neighborhood Partners for Progress Steering Committee.
Neighborhood Partn
rs
M&C C-12558
Mayor Bolen requested that Mayor and Council Communication No. C-12558 be
withdrawn
withdrawn from the consent agenda.
M&C C-12554 &
Council Member Chappell requested that Mayor and Council Communication
C-12563 withdrawn
Nos. C-12554 and C-12563 be withdrawn from the consent agenda.
M&C FP -2729
Council Member Webber requested that Mayor and Council Communication No. FP -2729
withdrawn
be withdrawn from the consent agenda.
M&C P-5407
City Manager Ivory requested that Mayor and Council Communication No. P-5407 be
withdrawn
withdrawn from the consent agenda.
M&C G-8861
Mayor Pro tempore Gilley requested that Mayor and Council Communication No. G-8861
withdrawn
be withdrawn from the consent agenda.
On motion of Mayor Pro tempore Gilley, seconded by Council Member Garrison, the
consent agenda, as amended, was approved.
Appointed Mrs. Irmt
Council
Member Zapata nominated Mrs.
Irma Perez for membership on the Fort Worth
Perez - Fort Worth
Commission on
the Status of Women and made
a motion, seconded by Mayor Pro tempore
Commission on the
Gilley, that
Mrs. Irma Perez be appointed
to Place 2 to the Fort Worth Commission on
Status of Women
the Status of
Women for a term of office expiring
October 1, 1992, and, when the motion
was put to a
vote by the Mayor, it prevailed
unanimously.
Mrs. Perea re
Ms. Perez appeared before the City Council and expressed appreciation for her
appointment
appointment to the Fort Worth Commission on the Status of Women.
Council Proposal
There was presented Council Proposal No. CP -156, submitted by Council Member
No. CP -156 re
Chappell, stating that Sheba's, located at 4020 Hemphill, has been licensed by the
Sheba's 4020
Texas Alcoholic Beverage Commission as a wine and beer retailer for on and off premises
Hemphill
consumption and with a late hours license since April 1990; that Sheba's made
application for a new permit to sale mixed beverages with late hours on October 1,
1990; that, in this past year, there have been a number of police offense and incident
reports of violations of the Alcoholic Beverage Code as well as other criminal activity
occurring at Sheba's; that the City Attorney has standing to file this protest against
issuance of the mixed beverage permit and late hours license; that costs of the
litigation and legal and police staff to pursue this protest and/or cancellation would
be absorbed in the existing budget; and recommending that the City Attorney be directed
to file a protest with the Alcoholic Beverage Commission against the issuance of a
mixed beverage permit and a late hours license to Eric Scott Langan, doing business as
Sheba's, located at 4020 Hemphill, and/or to provide legal support to the Chief of
Police to file a petition to cancel the existing wine and beer retailers permit and
late hours license at Sheba's. On motion of Council Member Chappell, seconded by
Council Member Meadows, the recommendation was adopted.
M&C OCS-192 re
There was presented Mayor and Council Communication No. OCS-192 from the Office of
Notice of claims
the City Secretary recommending that the City Council refer notices of claims regarding
alleged damages and/or injuries to the Risk Management Department, as follows:
Aetna Casualty &
1. Claimant: Aetna Casualty & Surety Co. on behalf of
Surety Co. on
Chris Kibbie
behalf of Chris
Date Received: October 8, 1990
Kibbie
Date of Incident: September 2, 1990
Location of Incident: Undeclared
Estimate of Damages/
Injuries: $2,147.63
Nature of Incident: Claimant alleges damages to insured's vehicle
as the result of a water line break.
I
Joyce Goza
2. Claimant: Joyce Goza
Date Received: October 8, 1990
Date of Incident: June 19, 1990
Location of Incident: Water Gardens
Estimate of Damages/
Injuries: Undeclared
Minutes of City Council Q-3 Page 226
22'7
TUESDAY, OCTOBER 16, 1990 r
Joyce Goza cont.
Nature of Incident:
Claimant alleges injuries as the result of a
fall.
3. Claimant:
Pearl Taylor
Pearl Taylor
Date Received:
October 4, 1990
Date of Incident:
July 2, 1990
Location of Incident:
1440 Eagle Drive
Estimate of Damages/
Injuries:
Undeclared
Nature of Incident:
Claimant alleges damages to the curb as the
result of a water line replacement.
4. Claimant:
Bryan Scott Goodale - Minor; Kathy A. Gist -
Bryan Scott Goodale
Mother
mi nor; Kathy A.
Date Received:
October 5, 1990
Gist -Mother
Date of Incident:
August 26, 1990
Location of Incident:
3604 Cimarron
Estimate of Damages/
Injuries:
$226.11
Nature of Incident:
Claimant alleges injuries to her son as the
result of actions by Fort Worth Police
personnel.
Nina Neal Carter
5. Claimant:
Nina Neal Carter
Date Received:
October 8, 1990
Date of Incident:
August 14, 1990
Location of Incident:
Minyards, 1212 N. Beach Street
Estimate of Damages/
Injuries:
$1,000,000.00
Nature of Incident:
Claimant alleges injuries and/or damages as
the result of actions by Fort Worth Police
personnel.
OC S-192 adopted
It was the consensus of the City
Council that the recommendation be adopted.
M&C G-8857 re
There was presented Mayor
and Council Communication No. G-8857 from the City
appointment
Manager recommending that the
City Council approve, confirm, and ratify his
Mr. Louis Boyd
appointment of Mr. Louis Boyd
Freeman, Jr., to Place 4 on the Electrical Board of
Freeman, Jr. to
Appeals for a term of office expiring
October 1, 1992. It was the consensus of the
Electrical Board
City Council that the recommendation
be adopted.
M&C G-8858 re
There was presented Mayor
and Council Communication No. G-8858 from the City
Lawsuite styled
Manager stating that the lawsuit
styled Bobby K. Kirschner and Lori Kirschner versus
Bobby K. Kirschner
City of Fort Worth and Valerie
Edfrennes, Cause No. 90-38401-2, arises out of a
and Lori Kirschner
collision between a City vehicle
operated by Valerie Edfrennes, formerly an employee of
versus City of Fort
the City of Fort Worth, and a
privately owned vehicle occupied by the plaintiffs on
Worth and Valerie
August 12, 1989; that it is proposed the City pay the sum of $11,625.00 and taxable
Edfrennes
court costs in satisfaction
and settlement of all claims filed by both of the
plaintiffs against both the City
and Ms. Edfrennes to avoid the uncertainties of
litigation which will not involve
any admission of liability by either the City or
Ms. Edfrennes; stating that funds
are available for this purpose in Insurance
Fund FE71, Center No. 0157120,
Account No. 534050; and recommending that the City
Council approve the settlement of the referenced lawsuit and authorize the payment of
$11,625.00 in satisfaction of
all claims against the City of Fort Worth and Valerie
Edfrennes and that the City Council authorize payment of all taxable costs of court in
the lawsuit and authorize the appropriate City representatives to execute the
settlement documents necessary to complete the settlement. It was the consensus of the
City Council that the recommendations be adopted.
M&C G-8859 re There was presented Mayor and Council Communication No. G-8859 from the City
Area Metropolitan Manager stating that the City Council approved Mayor and Council Communication
Ambulance Authority No. G-8817 on September 25, 1990, which included a resolution approving the City of
Fort Worth's continued participation in the Area Metropolitan Ambulance Authority for
fiscal year 1990-91; that the Authority's operating plan for FY 1990-91 calls for all
member cities to pay a $4.07 per capita operational assessment; that, for Fort Worth,
this assessment is $1,831,907.00; and recommending that the City Council:
1. Adopt a supplemental appropriations Ordinance increasing appropriations
in General Fund by $1,831,907.00 for payment of the City's Area
Metropolitan Ambulance Authority operational assessment and decreasing
the General Fund unreserved undesignated fund balance by the same
amount; and
2. Approve payment of the City's assessment in quarterly payments of
$457,976.75 for the period beginning October 1, 1990, and ending
September 30, 1991.
M&C G-8859 adopted 1 It was the consensus of the City Council that the recommendations be adopted.
I
I
Introduced Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
Ordinance adopted. The motion was seconded by Council Member Garrison. The motion, carrying
with it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Meadows, Webber, and Chappell
Minutes of City Council Q-3 Page 227
223
NOES: None
ABSENT: None
TUESDAY, OCTOBER 16, 1990
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10695
10695
AN ORDINANCE APPROPRIATING $1,831,907.00 IN THE GENERAL FUND,
NON -DEPARTMENTAL ACCOUNT, AMBULANCE ASSESSMENT AND DECREASING THE
GENERAL FUND UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME
AMOUNT FOR THE PURPOSE OF FUNDING THE CITY'S AREA METROPOLITAN
AMBULANCE AUTHORITY OPERATIONAL ASSESSMENT; PROVIDING FOR A
SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 5.
This ordinance shall take effect and be in full force and effect from
and after the date of this passage, and it is so ordained.
M&C G-8860 re There was presented Mayor and Council Communication No. G-8860 from the City
Plumbing Code Manager stating that the Plumbing Board requests that the Plumbing Code be amended by
the deletion of Sections 401 and 503 from the Fort Worth local amendments and adoption
of Sections 401 and 503 of the 1985 Uniform Plumbing Code, which makes the Plumbing
Code compatible with the Building Code regarding combustible construction and allows
plastic combustible plumbing materials in all types of construction; and recommending
that the City Council adopt an ordinance amending the Fort Worth Plumbing Code,
codified as Chapter 26 of The Code of the Cit of Fort Worth (1986), as amended, be
revising Section 26-2(c) ' nstallation requirements regarding "materials". It was the
consensus of the City Council that the recommendation be adopted.
Mayor Pro tempore Gilley introduced an ordinance 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 ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10696
10696
AN ORDINANCE AMENDING THE FORT WORTH PLUMBING CODE CODIFIED AS
CHAPTER 26 OF THE CODE OF THE CITY OF FORT WORTH (1986), AS
AMENDED, BY REVISING SECTION 26-2(C) "INSTALLATION REQUIREMENTS"
REGARDING "MATERIALS"; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A PENALTY CLAUSE;
PROVIDING FOR A SAVING CLAUSE; PROVIDING FOR PUBLICATION IN
PAMPHLET FORM; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That Section 26-2(c) of the Code of the City of Fort Worth (1986), as
amended, is hereby amended by amending Section 401 to read as follows:
Section 401 - Materials
(a) Drainage piping shall be cast iron, galvanized steel, galvanized
wrought iron, lead cooper, brass, ABS, PVC, extra strength vitrified clay
pipe, or other approved materials having a smooth and uniform bore, except
that:
(1) No galvanized wrought iron or galvanized steel pipe shall be
used underground and shall be kept at least six (6) inches (152.4 mm)
above ground.
(2) ABS and PVC DWV piping installations shall be limited to those
structures where combustible construction is allowed.
Minutes of City Council Q-3 Page 228
R-,f')J
A.+f .
TUESDAY, OCTOBER 16, 1990
Ordinance No. (3) No vitrified clay pipe or fittings shall be used above ground
10696 cont. or where pressurized by a pump or ejector. They shall be kept at least
twelve (12) inches (.3m) below ground.
(b) Drainage fittings shall be of cast iron, mallebable iron, lead,
brass, copper ABS, PVC, vitrified clay, or other approved materials having a
smooth interior waterway of the same diameter as the piping served and all
such fittings shall conform to the type of pipe used.
(1) Fittings on screwed pipe shall be of the recessed drainage
type, burred ends shall be reamed to the full bore of the pipe.
(2) The threads of drainage fittings shall be tapped so as to
allow one fourth (1/4) inch per foot (20.9 mm/m) grade.
SECTION 2.
That Section 26-2(c) of the Code of the City of Fort Worth (1986), as
amended, is hereby amended by amending Section 503 to read as follows:
Section 503 - Materials
(a) Vent pipe shall be cast iron, galvanized steel, galvanized wrought
iron, lead, copper, brass, ABS, PVC or other approved materials, except that:
(1) No galvanized wrought iron or galvanized steel pipe shall be
used underground and shall be kept at least six (6) inches above ground.
(2) ABS and PVC DWV piping installations shall be limited to those
structures where combustible construction is allowed.
(b) Vent fittings shall be cast iron, galvanized malleable iron or
galvanized steel, lead, copper, brass, ABS, PVC, or other approved materials
except that no galvanized malleable iron or galvanized steel fittings shall
be used underground and shall be kept at least six (6) inches (152.4mm) above
ground.
(c) Changes in direction of vent piping shall be made by the
appropriate use of approved fittings and no such pipe shall be strained or
bent. Burred ends shall be reamed to the full bore of the pipe.
SECTION 7.
Any person, firm or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be punishable by a fine not to exceed Two Thousand Dollars ($2,000.00)
for all violations involving fire safety or public health and sanitation and
shall be fined not more than Five Hundred Dollars ($500.00) for all other
violations of this ordinance. Each day or any portion thereof during which
any violation of this ordinance occurs or continues shall be deemed a
separate offense and upon conviction thereof shall be punishable as herein
provided.
SECTION 9.
The City Secretary of the City of Fort Worth, Texas, is hereby directed
to publish the caption and Sections 1, 2, 7, 9, and 10 of this ordinance for
two (2) days in the official newspaper of the City of Fort Worth, Texas, as
authorized by V.T.C.A. Local Government Code Section 52.013.
SECTION 10.
This ordinance shall be in full force and effect from and after its
passage and publication as required by law, and it is so ordained.
M& C G-8861 re There was presented Mayor and Council Communication No. G-8861 from the City
Tax Abatement Manager stating that the amended Tax Abatement Policy Statement includes the policy
Policy Statement issues outlined in Council Proposal No. CP -150, as revised and amended, and defines a
Fort Worth business as one with a principal office within the Fort Worth City limits;
that passage of this resolution requires a vote of three -fourth's of the members of the
City Council; and recommending that the City Council adopt a resolution amending the
City of Fort Worth Policy Statement on Tax Abatement to Qualified Commercial/Industrial
Projects.
City Manager Ivorli
City Manager
Ivory distributed a revised Page 2 of
the "Application
for Tax
re M&C G-8861
Abatement" attached
to Mayor and Council Communication No. G-8861
which revision
is as
Tax Abatement
follows: "Each
application will be reviewed on its
merits. However,
absent
Policy Statement
extraordinary circumstances,
a minimum of 25 percent of the
employees SHOULD
be Fort
Worth residents.
Company shall report annually and a
prorata reduction
of the
abatement MAY occur
if the percentage is not met."
Minutes of City Council Q-3 Page 229
TUESDAY, OCTOBER 16, 1990
M&C, G-8861 re In response to Mayor Pro tempore Gilley's expressed concerns regarding the passage
Tax Abatement of regulations of private companies as they relate to Fort Worth residency requirements
Policy Statement in the definition of "a Fort Worth firm", City Attorney Adkins advised the City Council
Mayor Pro tempore that the City Manager has requested that he prepare information for discussion by the
Gilley re Tax City Council on November 6, 1990, concerning the practices of other cities regarding
Abatement Policy their policies of requiring residency of companies within municipalities as a
Statement prerequisite for obtaining contracts, and advised the City Council that the definition
of a Fort Worth firm in the Abatement Policy is that the firm must have a principle
office in Fort Worth.
Council Member Chappell made a motion, seconded by Council Member McCray, that the
recommendations, as contained in Mayor and Council Communication No. G-8861, as amended
by language on Page 2 of the "Application for Tax Abatement", be adopted. When the
motion was put to a vote by the Mayor, it prevailed by the following vote:
AYES: Mayor Bolen; Council Members Garrison, Granger, McCray, Meadows,
Webber, and Chappell
NOES: Mayor Pro tempore Gilley and Council Member Zapata
ABSENT: None
Introduced Council Member Chappell introduced a resolution and made a motion that it be
Resoiution 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; Council Members Garrison, Granger, McCray, Meadows,
Webber, and Chappell
NOES: Mayor Pro tempore Gilley and Council Member Zapata
ABSENT: None
The resolution, as adopted, is as follows:
Resolution No. RESOLUTION NO. 1678
1678
WHEREAS, the City of Fort Worth has elected to become eligible to
participate in tax abatement under Chapter 312 of the Texas Tax Code; and
WHEREAS, the City of Fort Worth has established guidelines and criteria
for tax abatement to qualified commercial/industrial projects (the "Policy
Statement"), which Policy Statement was adopted on August 1, 1989, and
amended on June 26, 1990; and
WHEREAS, on October 9, 1990, the City Council adopted CP -150 (Revised)
recommending specific amendment to the Tax Abatement Policy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION I. THAT the City of Fort Worth hereby amends and restates the
Policy Statement for tax abatement to qualified commercial/
industrial projects in its entirety as set forth on
Exhibit "A", which Exhibit "A" is incorporated herein as if
copied in its entirety, and is approved.
NOES: None
Minutes of City Council Q-3 Page 230
SECTION II. THAT the Policy Statement, as amended and restated herein,
shall govern all subsequent tax abatement agreements for
commercial/industrial projects.
SECTION III. THAT this resolution shall take effect from and after its
final date of adoption, and it is accordingly so ordered.
(Note: Exhibit A is included in the Council Proceedings File of this date.)
14&C G-8862 re
There was presented Mayor and Council Communication No. G-8862 from the City
Amending the
Manager recommending that an ordinance be adopted amending the Building Code of the
Building code
City of Fort Worth, codified as Chapter 7, Article III, of The Code of the City of Fort
Chapter 7 Article
Worth, (1986), as amended, by amending Chapter 56, Section 5606 M , to change the
i1I
requirements for flotation units. It was the consensus of the City Council that the
recommendation be adopted.
Introduced
Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
Ordinance
adopted. The motion was seconded by Council Member Garrison. The motion, carrying
with it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Meadows, Webber, and Chappell
NOES: None
Minutes of City Council Q-3 Page 230
TUESDAY, OCTOBER 16, 1990
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10697
10697
AN ORDINANCE AMENDING THE BUILDING CODE OF THE CITY OF FORT WORTH,
CODIFIED AS CHAPTER 7 ARTICLE III OF THE CODE OF THE CITY OF FORT
WORTH, (1986), AS AMENDED, BY AMENDING APPENDIX CHAPTER 56
SECTION 5606 (F) TO CHANGE THE REQUIREMENTS FOR FLOTATION UNITS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION
IN PAMPHLET FORM; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS
SECTION 3.
It shall be unlawful for any person to erect, construct, enlarge, alter,
repair, move, improve, remove, convert, demolish, equip, use, occupy, or
maintain any building or structure in the City or cause the same to be done
contrary to or in violation of any of the provisions of this Code. Any
person, firm, or corporation who violates, disobeys, omits, neglects, or
refuses to comply with or who resists enforcement of any of the provisions of
this Code with respect to fire safety, zoning, or public health and
sanitation, including dumping of refuge, shall be fined not more than
$2,000.00 for each offense, and with respect to all other provisions of this
Code, shall be fined not more than $500.00 of each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 9.
This ordinance shall be in full force and effect from and after its
passage and publication as required by law, and it is so ordained.
M&C G-8863 re There was presented Mayor and Council Communication No. G-8863 from the City
Budget and Plan Manager stating that the City Council approved the fiscal year 1990-91 Budget and Plan
of Services for of Services on September 25, 1990, by Mayor and Council Communication No. G-8820 for
Fort Worth Fort Worth Improvement District No. 1; that the approved budget includes $597,593.00 in
Improvement Distri tassessments against property within the District; that this includes $546,677.00 in
No. 1 private property assessments and $50,916.00 in assessments against City -owned property;
that the proposed assessment rolls reflect the current 1990 accounts and a proposed
assessment based on a rate of $0.08 per $100.00 assessed valuation; and recommending
that the City Council adopt an ordinance:
1. Declaring the need for and ordering various improvements and/or services
to be provided in Fort Worth Improvement District No. 1 during the
1990-91 fiscal year;
2. Approving the estimates of costs and amounts to be assessed for such
improvements and/or services;
3. Setting October 30, 1990, as the date for the special benefit hearing;
and,
4. Making provisions for levying assessments, approving the attached
proposed assessment roll and authorizing notification of the property
owners in accordance with state law.
On motion of Council Member Zapata, seconded by Mayor Pro tempore Gilley, the
recommendations were adopted.
Introduced Ordinan a Council Member Zapata introduced an ordinance and made a motion that it be adopted.
The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying with it the
adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Minutes of City Council Q-3 Page 231
TUESDAY, OCTOBER 16, 1990
Ordinance No. ORDINANCE NO. 10698
10698 AN ORDINANCE ORDERING AND PROVIDING FOR CERTAIN IMPROVEMENTS AND/OR
SERVICES TO BE PROVIDED IN FORT WORTH IMPROVEMENT DISTRICT NO. 1
DURING THE 1990-91 FISCAL YEAR; MAKING PROVISIONS FOR THE LEVYING
OF ASSESSMENTS AGAINST PROPERTIES AND THE OWNERS THEREOF FOR THE
COST OF SUCH IMPROVEMENTS AND/OR SERVICES; APPROVING AND ADOPTING A
PROPOSED ASSESSMENT ROLL AND COST ESTIMATES FOR SUCH IMPROVEMENTS
AND/OR SERVICES; FIXING THE TIME AND PLACE FOR A PUBLIC HEARING TO
CONSIDER THE PROPOSED ASSESSMENTS AGAINST EACH PARCEL OF PROPERTY
IN THE DISTRICT AND THE OWNERS THEREOF; DIRECTING THE CITY
SECRETARY TO GIVE NOTICE OF SUCH HEARING AND TO FILE A NOTICE OF
ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY,
TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS
RELATING TO SAID IMPROVEMENTS AND/OR SERVICES ARE AND SHALL BE
PURSUANT TO THE PUBLIC IMPROVEMENT DISTRICT ASSESSMENT ACT,
V.T.C.A., LOCAL GOVERNMENT CODE, SECTION 372.001 ET SEQ.; DIRECTING
THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
XIII.
That this ordinance shall take effect and be in full force and effect
from and after the date of its passage.
M&C G-8864 re There was presented Mayor and Council Communication No. G-8864 from the City
Distribution Manager, as follows:
To Tandy Corpora- SUBJECT: DISTRIBUTION TO TANDY CORPORATION FOR INFRASTRUCTURE IMPROVEMENTS
tion for Infrastr -
ture Improvements RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the following fund transfer:
FROM TO AMOUNT REASON
GG01 (Fund) GS90 (Fund) $371,061 To provide funds to
240043 (Escrow 541200 (Account) reimburse Tandy Cor -
Account) 020903161190 poration for public
0000000 (Center) (Center) infrastructures im-
provements
2. Authorize distribution from the special escrow account to Tandy
Corporation in the amount of $371,061 for expenses relating to public
infrastructure improvements made in conjunction with the Tandy
Technology project.
DISCUSSION:
On October 18, 1988 (PZ -1531), at the request of Tandy Corporation, owner of
all abutting property, the City Council adopted an ordinance vacating Lamar
Street from West Weatherford Street south to West Second Street.
The monetary consideration furnished by Tandy Corporation at the time was
placed in a special escrow account to be used in conjunction with
improvements adjacent to the new Tandy Technology Square and the library,
specifically for utility relocations and street/drainage improvements.
Tandy Corporation recently has requested a distribution in the amount of
$371,061 for the installation of a new storm drain from Second and Lamar to
Burnett and Weatherford and the relocation of an 8" water main; cutting and
plugging sewer and water lines in Lamar, Burnett, and Second Street; and
extension of the existing sanitary sewer in Burnett midway between Belknap
and Weatherford to the intersection of Taylor and Weatherford. Tandy
Corporation has expended in excess of $1.2 million for public infrastructure
improvements necessitated by the Lamar Street vacation.
After this distribution is made, the same amount remains available for
City -funded infrastructure improvements in the area.
FINANCING:
Sufficient funds are available for transfer in GG01 (Fund), Escrow Account
240043, Lamar Street Closing. These funds were furnished by Tandy
Corporation to be used in conjunction with improvements adjacent to the new
Tandy Technology Square and the Library. Upon approval and completion of
Recommendation No. 1, sufficient funds will be available Fund GGO1, Center
020901361190.
MSC G-8864 II It was the consensus of the City Council that the recommendations, as contained in
adopted Mayor and Council Communication No. G-8864, be adopted.
Minutes of City Council Q-3 Page 232
TUESDAY, OCTOBER 16, 1990
M&C P-4501 re There was presented Mayor and Council Communication No. P-4501 from the City
scrap metals Manager stating that vendors were required to furnish unit prices on the sale of
various types of scrap metals; that vendor is required to furnish independent weight
tickets for materials picked -up and to make pick-up of scrap metal at various City
locations on an as needed basis; stating that proceeds from the sale of scrap metal
will be deposited by various City departments participating in the agreement; and
recommending that the City Council authorize:
1. A one-year purchase agreement with one year option for renewal for the
sale of scrap metal with Prengler Iron & Metal on the high bid per unit
basis, as follows:
MAC P-4501
adopted
M&C P-4502 re
bulk saitfor the
Transportation
and Public Works
Department
MAC P-4503 re
J.W.C. Environment
formerly Disposabi
Waste Systems, Inc
is manufacturer of
Muffin Monsters fo
sole source
2. All departments to use this agreement, if needed and;
3. Effective date to begin date of authorization and end one year later or
option for renewal is authorized.
It was the consensus of the City Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. P-4502 from the City
Manager submitting a quotation received for a purchase agreement to provide bulk salt
for the Transportation and Public Works Department; stating that funds are available in
General Fund GG01, Center No. 0208001, Account No. 238394; and recommending that the
purchase agreement be authorized with Morton International, Inc., Morton Salt Division,
on quotation of $44.68 per ton, f.o.b. Fort Worth, with term of agreement to begin with
the date of authorization by City Council and end April 13, 1991. It was the consensus
of the City Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. P-4503 from the City
Manager stating that J.W.C. Environmental, formerly Disposable Waste Systems, Inc., is
the manufacturer of Muffin Monsters and is the sole source for obtaining parts and
factory training; that staff has requested a one-year sole source purchase agreement
with a one-year option to renew; that the Water Department utilizes muffin monsters
(sludge grinders) on the two underflow lines from the primary area of the wastewater
treatment plant to the digesters; stating that budgeted funds are sufficient to cover
the anticipated expenditure by the Water Department; and recommending that the City
Council authorize:
1. A one-year sole source purchase agreement to provide Muffin Monster
Parts and Training with J.W.C. Environmental on the sole source bid, as
follows:
VENDOR
AmniINT RTD
REPAIR, AND
INSTRUCTIONS PARTS
1. J.W.C. Environmental $6,369.00/each List Price
Norcross, GA plus Travel
plus expenses
2. A one year renewal option to be included in the agreement; and
3. Effective date of agreement to be date of authorization and end one year
later or until renewal option is authorized.
Terms are net 30 days, f.o.b. Norcross, Georgia.
MAC P-4503 adoptod 11 It was the consensus of the City Council that the recommendations be adopted.
MAC P-4504 re There was presented Mayor and Council Communication No. P-4504 from the City
recleaned paper Manager submitting a quotation received for a purchase agreement including renewal
air filters for the option to provide recleaned paper air filters for the City Services Department; stating
City Services that budgeted funds are sufficient to cover the anticipated expenditure by the City
Department Services Department; and recommending that the City Council authorize:
1. A one-year purchase agreement including renewal option with Vibra-Clean
to provide recleaned air filters for the City Services Department on the
low bid of unit prices, as follows:
ITEM NUMBER FILTER BRAND PART NUMBER DIMENSIONS COST
1.
ITEM
AMOUNT
23
1)
Steel (sheet metal)
$.0205 per
lb.
2)
Copper
.70 per
lb.
3)
Aluminum
.44 per
lb.
4)
Cast Iron
.0305 per
lb.
5)
Brass
.51 per
lb.
2. All departments to use this agreement, if needed and;
3. Effective date to begin date of authorization and end one year later or
option for renewal is authorized.
It was the consensus of the City Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. P-4502 from the City
Manager submitting a quotation received for a purchase agreement to provide bulk salt
for the Transportation and Public Works Department; stating that funds are available in
General Fund GG01, Center No. 0208001, Account No. 238394; and recommending that the
purchase agreement be authorized with Morton International, Inc., Morton Salt Division,
on quotation of $44.68 per ton, f.o.b. Fort Worth, with term of agreement to begin with
the date of authorization by City Council and end April 13, 1991. It was the consensus
of the City Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. P-4503 from the City
Manager stating that J.W.C. Environmental, formerly Disposable Waste Systems, Inc., is
the manufacturer of Muffin Monsters and is the sole source for obtaining parts and
factory training; that staff has requested a one-year sole source purchase agreement
with a one-year option to renew; that the Water Department utilizes muffin monsters
(sludge grinders) on the two underflow lines from the primary area of the wastewater
treatment plant to the digesters; stating that budgeted funds are sufficient to cover
the anticipated expenditure by the Water Department; and recommending that the City
Council authorize:
1. A one-year sole source purchase agreement to provide Muffin Monster
Parts and Training with J.W.C. Environmental on the sole source bid, as
follows:
VENDOR
AmniINT RTD
REPAIR, AND
INSTRUCTIONS PARTS
1. J.W.C. Environmental $6,369.00/each List Price
Norcross, GA plus Travel
plus expenses
2. A one year renewal option to be included in the agreement; and
3. Effective date of agreement to be date of authorization and end one year
later or until renewal option is authorized.
Terms are net 30 days, f.o.b. Norcross, Georgia.
MAC P-4503 adoptod 11 It was the consensus of the City Council that the recommendations be adopted.
MAC P-4504 re There was presented Mayor and Council Communication No. P-4504 from the City
recleaned paper Manager submitting a quotation received for a purchase agreement including renewal
air filters for the option to provide recleaned paper air filters for the City Services Department; stating
City Services that budgeted funds are sufficient to cover the anticipated expenditure by the City
Department Services Department; and recommending that the City Council authorize:
1. A one-year purchase agreement including renewal option with Vibra-Clean
to provide recleaned air filters for the City Services Department on the
low bid of unit prices, as follows:
ITEM NUMBER FILTER BRAND PART NUMBER DIMENSIONS COST
1.
WIX
46845
23
x
7
$14.73
2.
WIX
42868
15
x
8
$12.83
3.
WIX
42948
12
x
8
$10.93
4.
WIX
46522
14
x
4
$10.21
5.
CASE
K200379
5
x
11
$ 9.98
6.
WIX
42631
12
x
6
$10.21
7.
MASSEY FERGUSON
3595501M1
9
x
4
$ 9.50
Minutes of City Council Q-3 Page 233
1 1
00f.0 _ - " C
TUESDAY, OCTOBER 16, 1990
M&C P-4504 cont. 8. MASSEY FERGUSON 3595500M1 9 x 4 $ 9.50
re cleaned paper 9. WIX 42759 12 x 10 $12.83
air filters for th o 10. WIX 42276 10 x 5 $ 9.74
City Services 11. WIX 42532 12 x 6 $10.21
Department 12. WIX 42534 10 x 12 $12.83
13. WIX 42489 14 x 5 $10.21
14. WIX 42119 13 x 9 $12.35
15. WIX 46280 8 x 12 $10.93
19. FLEETGUARD FA1056 8 x 23 $15.68
20. MASSEY FERGUSON 2710805M1 3 x 12 $ 9.74
21. MASSEY FERGUSON 2710804M1 6 x 13 $10.21
22. CASE K200380 5 x 11 $ 9.98
23. WIX 42700 29 x 9 $19.95
24. WIX 42491 18 x 12 $17.10
26. WIX 42914 8 x 11 $10.45
27. WIX 46650 16 x 12 $16.15
30. WIX 46850 26 x 11 $20.90
31. WIX 46350 10 x 14 $13.78
32. WIX 42629 8 x 18 $13.78
35. WIX 42552 14 x 10 $13.78
36. WIX 42611 29 x 9 $19.95
38. DONALDSON SMP18-1093 6 x 12 $10.21
39. WIX 42745 15 x 12 $15.68
40. CASE 8117745 7 x 16 $12.35
41. CASE 8117746 4 x 15 $10.21
42. CASE F44714 4 x 23 $12.83
43. WIX 42672 8 x 12 $10.93
44. WIX 42528 20 x 14 $20.90
45. IHC 494730C1 8 x 15 $12.83
46. WIX 42692 19 x 16 $21.85
47. WIX 42510 10 x 10 $11.40
50. WIX 42947 11 x 4 $ 9.74
51. Unspecified air filters to be cleaned will be priced
using the vendors size comparison chart dated May 30,
1990 and a five percent discount.
2. Agreement to become effective upon date of authorization and end one
year later or when renewal option is exercised.
M&C P-4504 adopte It was the consensus of the City Council that the recommendations be adopted.
M&C P-4505 re There was presented Mayor and Council Communication No. P-4505 from the City
David McDavid Manager stating that the City Council authorized a purchase agreement on December 19,
Pontiac -Suzuki 1989, by Mayor and Council Communication No. P-3900 with David McDavid Pontiac -Suzuki
to provide O.E.M. to provide O.E.M. Suzuki parts; that the vendor has agreed to hold the quoted discount
Suzuki parts for another year and the Equipment Services Division staff requests the option to renew
be exercised by the City Council; stating that budgeted funds are sufficient to cover
the anticipated expenditure by the department participating in the agreement; and
recommending that the City Council exercise the option to renew a one-year purchase
agreement to provide Suzuki OEM parts for the City Services Department with David
McDavid Pontiac Suzuki on its low bid of 15 percent discount from manufacturer's price
list, and with the term of agreement to become effective December 19, 1990, and end one
year later. It was the consensus of the City Council that the recommendations be
adopted.
M&C P-4506 re There was presented Mayor and Council Communication No. P-4506 from the City
retrofit of a f ue Manager submitting a quotation received for the purchase of the retrofit of a fuel tank
tank at the at the Brennan Avenue Service Center; describing the process required to comply with
Brennan Avenue regulations established by the Texas Water Commission; that funds are available in
Service Center Equipment Services Operating Fund PI61, Center No. 0212070, Account No. 539120; and
recommending that the City Council confirm the sole source purchase of the retrofit of
a fuel tank from Armor Shield of Dallas, Inc., for the City Services Department for an
amount not to exceed $15,300.00. It was the consensus of the City Council that the
recommendation be adopted.
MUM C P-4507 re
There was presented Mayor and Council Communication No. P-4507 from the City
installation of
Manager submitting a tabulation of bids received for the installation of overfill
overfill protec-
protection devices, spill containment basins, and tank level (gauging) monitoring
tion devices,
equipment for the City Services Department; stating that funds are available in
spill containment
Fund PI61, Center No. 0212070, Account No. 539120; and recommending that the City
basins, and tank
Council authorize procurement of services from Taylor Sales Company on its low bid of
level monitoring
$64,123.00 net, f.o.b. Fort Worth.
City Manager Ivor
City Manager Ivory requested that the bids for the installation of overfill
re M&C, P-4507
protection devices, spill containment basins, and tank level (gauging), monitoring
overfill pro tec-
equipment, proposed to be purchased in Mayor and Council Communication No. P-4507, be
tion devices,
rejected.
Council Members
Council Member Chappell made a motion, seconded by Council Member Meadows, that
Chappell and
the recommendation, as contained in Mayor and Council Communication No. P-4507, be
Meadows re
rejected. When the motion was put to a vote by the Mayor, it prevailed by the
M& C P-4507 be
following vote:
rejected
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison,
Granger, McCray, Meadows, Webber, and Chappell
Minutes of City Council Q-3 Page 234
TUESDAY, OCTOBER 16, 1990
M&C P-4507 cont. 11 NOES: Council Member Zapata
ABSENT: None
M&C P-4508 re There was presented Mayor and Council Communication No. P-4508 from the City
Lectric Lites Manager stating that the City Council authorized a purchase agreement on January 16,
Company 1990, by Mayor and Council Communication No. P-3966 with Lectric Lites Company on its
bid of unit prices; that the agreement period was for one year with option to renew for
one additional year; that Lectric Lites Company has agreed to hold the prices firm for
an additional year and the City Services Department, Equipment Services Division, has
requested the option to renew be exercised; stating that purchases will be charged to
Equipment Services Operating Fund PI61, Inventory Account No. 141270; and recommending
that the City Council authorize:
1. Exercising the option to renew the purchase agreement with Lectric Lites
Company to supply strobe lights, lenses, and xenon tubes to the City
Services Department for one additional year on the bid of the following
unit prices:
ITEMS
1.
LL2001-B Lens Blue
$
14.50
2.
LL2001-A Lens, Amber
$
14.50
3.
LL751-R Lens
$
4.00
4.
LL1200-12A Amber Strobe Light
$
97.50
5.
LL1201-A Amber Lens
$
6.00
6.
LL2000-12A Amber Strobe Light
$115.50
7.
LL2000-12B Blue Strobe Light
$
97.50
8.
LL1700-12A Amber Swing Light
$
23.00
9.
LL750 Red Duo Flash Light
$
14.70
10.
LL2009 Xenon Tube
$
21.00
11.
LL2001A Amber Lens
$
14.50
12.
LL2001B Blue Lens Short
$
14.50
13.
LL800C Clear Lens Short
$
14.50
14.
Unspecified lights, tubes and lens will be sold to
Less 0%
the City at manufacturer's suggested prices less %
discount.
2. The
new agreement period to begin January 19, 1991,
and end one year
later.
M&C P-4508 adopted It was the consensus of the City Council that the recommendations be adopted.
M&C P-4509 re There was presented Mayor and Council Communication No. P-4509 from the City
professional Manager submitting a quotation received for professional rape examination services;
rape examination stating that budgeted funds are sufficient to cover the anticipated expenditure by the
services department participating in the agreement; and recommending that the City Council
authorize an agreement with the Tarrant County Hospital District for rape examination
services at John Peter Smith Hospital in an estimated amount not to exceed $20,000.00
for the period beginning November 9, 1990, and ending November 8, 1991. It was the
consensus of the City Council that the recommendations be adopted.
M&C P-4510 re There was presented Mayor and Council Communication No. P-4510 from the City
motors and magneti Manager submitting a tabulation of bids received for a purchase agreement with two
couplings repair one-year options to renew to provide motors and magnetic couplings repair for all City
for all City departments; stating that budgeted funds are sufficient to cover the anticipated
departments expenditure by each department participating in the agreement; and recommending that
the City purchase agreement be authorized with Shermco Industries at a labor rate of
$23.50 per hour, parts provided at discount of 13 percent from dealer's list price,
meeting City specifications, f.o.b. Fort Worth, Texas; and authorize all City
departments to participate in the agreement, if needed, effective date of approval by
City Council and ending one year later. It was the consensus of the City Council that
the recommendations be adopted.
M&C P-4511 re There was presented Mayor and Council Communication No. P-4511 from the City
roadway markers Manager submitting a tabulation of bids received for purchase agreements to provide
for all City roadway markers for all City departments; stating that budgeted funds are sufficient to
departments cover the anticipated expenditure by each department participating in the agreement;
and recommending that the City Council authorize:
1. Purchase agreements with multiple vendors to provide roadway markers for
City departments on the low bid meeting specifications per item basis,
as follows:
A. Renco Supply, Inc.
Items
1.
Ceramic
Yellow
Markers, 4"
Non -reflective
$ .49
each
3.
Ceramic
Yellow
Markers, 8"
Double reflectors
$20.45
each
on two
sides
4.
Ceramic
White
Markers, 8"
Double reflectors
$19.90
each
on one
side
6.
Markers
White
Reflective,
6"
$10.50
each
7.
Markers
Yellow
Reflective,
6"
$10.75
each
Minutes of City Council Q-3 Page 235
TUESDAY, OCTOBER 16, 1990
MAC P-4511 cont. B. Centerline Supply
Item
2. Ceramic White Markers 4" $ .469 each
C. Southwestern Materials
Item
5. Markers, Red/White Reflective Glass Front $ 1.74 each
net f.o.b. Fort Worth
2. All City departments to use this agreement, effective date of approval
and end one year later.
M&C P-4511 adopted1l It was the consensus of the City Council that the recommendations be adopted.
M&C, P-4512 re There was presented Mayor and Council Communication No. P-4512 from the City
provide paint and Manager submitting a tabulation of bids received for a one year purchase agreement to
related supplies provide paint and related supplies for all City departments; stating that budgeted
for all City funds are sufficient to cover the anticipated expenditure by each department
department participating in the agreement; and recommending that the City Council authorize:
1. A one-year purchase agreement with The Glidden Paint Company to provide
paint and related supplies on the overall low unit price bid, net f.o.b.
Fort Worth;
2. All City departments to participate in this agreement; and
3. The effective date to begin date of authorization and end one year
later.
MAC P-4512 adopted It was the consensus of the City Council that the recommendations be adopted.
M&C P-4513 re There was presented Mayor and Council Communication No. P-4513 from the City
Team, Inc. for Manager stating that the Department of Real Property Management on June 13, 1990,
water leaks at the requested that the General Services Division have water leaks at the General Worth
Generla Worth Plaza Garage repaired on an emergency basis; that water seeping into the underground
Plaza Garage structure near the elevator was developing a potential danger to the citizens and
damage to the structure; that General Services responded to this request by securing
the services of Team, Inc.; stating that funds for the expenditure are available in
Municipal Parking Fund PE59, Center No. 0162002, Account No. 536010; and recommending
that the City Council ratify the emergency repairs made at General Worth Plaza Garage
for the Department of Real Property Management from Team, Inc., for an amount not to
exceed $11,695.00 net. It was the consensus of the City Council that the
recommendation be adopted.
MSC P-4514 re There was presented Mayor and Council Communication No. P-4514 from the City
air-conditioning Manager submitting a quotation for the purchase of an air-conditioning system for the
sy s to mf for the Transportation and Public Works Department; stating that funds are available in General
Transportation and Fund GG01, Center No. 0205002, Account No. 523010; and recommending that the City
Public Works Council authorize the purchase of an air-conditioning system for the Transportation and
Department Public Works Department from Carrier -Bock Company on quotation of $21,888.00 net,
f.o.b. Fort Worth, Texas. It was the consensus of the City Council that the
recommendation be adopted.
SMAC P-4515 re There was presented Mayor and Council Communication No. P-4515 from the City
financial software Manager stating that the City Council approved the purchase of financial software,
training and training, and implementation services from Management Science America in August 1988;
implementation that the warranty period ended in September 1989; that Mayor and Council Communication
services from No. P-3794, dated October 31, 1989, was approved by City Council authorizing the 89-90
Management Science maintenance agreement; that it is recommended an agreement for 90-91 be authorized with
America Dun & Bradstreet Software Services who acquired Management Science America in 1990;
stating that funds are available in Fund GG01, Center No. 0044000, Account No. 536010;
and recommending that the maintenance agreement on the MARS software be authorized with
the sole source Dun & Bradstreet Software Services for the Information Systems and
Services Department not to exceed $90,890.00 net, f.o.b. Fort Worth, Texas. It was the
consensus of the City Council that the recommendation be adopted.
M&C P-4516 re There was presented Mayor and Council Communication No. P-4516 from the City
ElectroCom Manager stating that ElectroCom Automation is the original manufacturer of the
Automation for equipment and software for the Police and Fire Departments; that, due to the special
software for the nature of these custom configurations, ElectroCom is the only vendor to maintain the
Police and Fire equipment; stating that funds are available in Fund GGO1, Center No. 0352100, Account
Department No. 536010, and Fund GGO1, Center No. 0365010, Account No. 536010; and recommending
that the City Council:
1. Authorize the purchase of a 12 -month maintenance agreement with the sole
source ElectroCom Automation to perform maintenance services for the
Police Department's In -Car terminal support at a cost not to exceed
$14,424.00 for the period October 1, 1990, through September 30, 1991;
Minutes of City Council Q-3 Page 236
TUESDAY, OCTOBER 16, 1990
M&C, P-4516 cont. 2. Authorize the purchase of a 12 -month maintenance agreement with the sole
source ElectroCom Automation to perform maintenance services for the
Fire Dispatch Wallboard micro system at a cost not to exceed $21,384.00
for the period October 1, 1990, through September 30, 1991;
3. No other departments will be authorized to use this agreement; and
4. This agreement will be effective from date of authorization until twelve
months later.
M&C P-4516 adopted It was the consensus of the City Council that the recommendations be adopted.
M& C L-10254 re There was presented Mayor and Council Communication No. L-10254 from the City
Acquisition of Land Manager, as follows:
and/or easements
SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS ( 4
TRANSACTIONS)
RECOMMENDATION:
It is recommended that approval be given for the acquisition of the land
and/or easements described below:
1. Project Name: Meadowbrook Drive Reconstruction (Watson to I-820)
Type of Acquisition: Dedication - Roadway Easement and Temporary
Construction Easements
Description of Land
Roadway Easement No. 1 - An irregularly shaped parcel of land out of
Tract 12-A-1 and Tract 13, J.E. Brandon Survey, Abstract 209 as recorded
in Volume 1783, Page 215, Deed Records, Tarrant County, Texas. This
parcel of land lies adjacent to, contiguous with and south of the south
right-of-way line of Meadowbrook Drive and adjacent to, contiguous with
and east of the east right-of-way line of Purselley Drive, and is
required for a roadway easement.
Slope Easement No. 3 - A triangularly shaped parcel of land out of
Tract 13, J.E. Brandon Survey, Abstract 209 and Tract 1 -B -R, Isaac
Carrodine Survey, Abstract No. 356 as recorded in Volume 1783, Page 457,
Deed Records, Tarrant County, Texas. This parcel of land is 22.63 feet
in width along its north line, 121.06 feet in depth along its east line,
and 104.0 feet in depth along its west line (east right-of-way line of
Purselley Drive), and is required for a slope easement.
Construction Easement No. 19 - An irregularly shaped parcel of land out
of Tract 12-A-1 and Tract 13, both of the J.E. Brandon Survey,
Abstract 209 and Tract 1 -B -R, Isaac Carrodine Survey, Abstract 356 as
recorded in Volume 1783, Page 457, Deed Records, Tarrant County, Texas.
This parcel contains 2060.0 square feet and is required for a temporary
construction easement.
Construction Easement No. 15 - An irregularly shaped parcel of land out
of Tract 13, J.E. Brandon Survey, Abstract 209 as recorded in
Volume 1783, Page 215, Deed Records, Tarrant County, Texas. This parcel
of land lies adjacent to, contiguous with and north of the north
right-of-way line of Meadowbrook Drive and contains 4,104 square feet,
required for a temporary construction easement.
Slope and Construction Easement No. 16 - A rectangularly shaped parcel
of land out of Tract 12-C, J.E. Brandon Survey, Abstract 209 as recorded
in Volume 1983, Page 137, Deed Records, Tarrant County, Texas. This
parcel of land is 63.60 feet in width and 18.19 feet in depth and lies
adjacent to, contiguous with, and north of the north right-of-way line
of Meadowbrook Drive, required for a slope easement and temporary
construction easement.
Square Feet: R.E. No. 1 - 848.0
S.E. No. 3 - 832.0
C.E. No. 19 - 2,060.0
C.E. No. 15 - 4,104.0
C.E. & Slope No. 16 - 1,157.0
Parcel Nos.: R.E. - 1
S.E. - 3
C.E. - 19
C.E. - 15
S.E. & C.E. - 16
Consideration: $1.00
Location: 6151 Meadowbrook Drive
Owner: TU Electric
Minutes of City Council Q-3 Page 237
TUESDAY, OCTOBER 16, 1990
M&C L-10254 Financing: Sufficient funds are available in Street Improvement,
re Acquisitions Fund GS67, Center No. 016670951060. Expenditures will be made from
of various lands Account No. 541100.
and easements
cont. Land Agent: Jerry Chalker
2. Project Name: E. Rosedale Sidewalk Reconstruction/Thrall to Vaughn/CE-2
Type of Acquisition: Temporary Construction Easement
Description of Land: A rectangularly shaped parcel of land 11.3 feet in
depth and 50 feet in length located along the northerly line of Lot 4,
Block 30, Polytechnic Heights Addition, as recorded in Volume 63,
Page 109, Deed Records, Tarrant County, Texas. This parcel of land
contains approximately 565 square feet as required for a temporary
construction easement.
Square Feet: 565 Zoning: "I" Light Industrial
Parcel No.: CE -2
Consideration: $1.00
Location: 2908 East Rosedale
Owner: John T. Gibson, Dorcas May Gibson and Amy Lowell Gibson
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: Rehabilitation of Sanitary Sewer Main 42, Lateral 527 and
Main 383-A
Type of Acquisition: Outright Purchase/Permanent Easement and
Construction Easement
Description of Land:
Permanent Easement - A rectangularly shaped parcel of land 15 feet in
width and approximately 103 feet in length located across the westerly
portion of a tract of land situated in the F.G. Mulliken Survey (also
known as Lot 5D, Mulligan Addition), as recorded in Volume 9517,
Page 1642, Deed Records, Tarrant County, Texas. This parcel of land
contains approximately 1,539 square feet as required for a permanent
easement.
Construction Easement - A rectangularly shaped parcel of land 25 feet in
width and approximately 103 feet in length adjacent to the westerly line
of said permanent easement. This parcel of land contains approximately
2,565 square feet as required for a construction easement.
Square Feet: Permanent Easement - 1,539
Construction Easement - 2,565
Zoning: "D" Multi -Family -
Parcel No.: 24
Consideration: $1.00
Location: 765 Samuels Avenue
Owner: Charles T. Upton
Supplemental Information: On July 12, 1990 (M&C L-10146), the City
Council approved a 15 foot sanitary sewer easement and a 25 foot
temporary construction easement across the westerly portion of subject
property. To facilitate construction, the City had to acquire an
additional right-of-way in the form of a temporary construction easement.
This new easement would allow the City the right to extend the existing
sanitary sewer line from the existing sewer main to the proposed
sanitary sewer main without interruption of sanitary sewer service.
Once this project is completed, the old sanitary sewer main including
manholes will be abandoned.
Financing: Sufficient funds are available in Sewer Capital Improvements
Fund PS58, Project No. 541100, Account Center No. 016580170810.
Land Agent: Aleeta Hackney
4. Project Name: Village Creek Road Improvement
Minutes of City Council Q-3 Page 238
TUESDAY, OCTOBER 16, 1990
M&C L-10254 cont.II T e of Acquisition: Dedication of Right-of-Way/Temporary Construction
Easement Public Open Space Easement
Description of Land:
Right -of -Way - 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.
This strip of land is approximately 14.0 feet in width along the east
property line, 4 feet in width on the south property line and 120 feet
in length and contains 526 square feet as required for street
right-of-way.
Temporary Construction Easement - A rectangularly shaped strip of land
from the south property line of Lot 12, Block 11, parallel and adjacent
to the above-described right-of-way. This strip of land is 14 feet in
width and 107.57 feet in length, containing 569 square feet as required
for a temporary construction easement.
Public Open Space Easement (P.O.S.E.) - A parcel of land from the
southeast corner of Lot 12, Block 11, Eastwood Terrace Addition,
containing 154 square feet of land as required for a Public Open Space
Easement.
Square Feet: P-50 .......... 526
CE -23 ......... 569
P.O.S.E....... 154
Zoning: "B" Two -Family
Parcel No.: P-50
CE -23
P.O.S.E.
Consideration: $1.00
Location: 4925 Freshfield Road
Owner: J. Whiteside & Company
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
M&C L-10254 adopteil It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. L-10254, be adopted.
M&C L-10255 re There was presented Mayor and Council Communication No. L-10255 from the City
Acquisition of Manager, as follows:
sanitary sewer
easement/replace- SUBJECT: ACQUISITION OF SANITARY SEWER EASEMENT/REPLACEMENT PROJECT M-53/
ment project M-53 PARCEL 3
parcel 3
RECOMMENDATION:
It is recommended that approval be given for the acquisition of the property
described below:
1. Name of Project
Sanitary Sewer Replacement Project M-53
2. Type of Acquisition
Outright Purchase - Permanent Easement
3. Description of Land
Parcel 4-A - A strip of land in the shape of a parallelogram out of
Lot 18, Block 87 and Lot 19, Block 87, Polytechnic Heights as recorded
in Volume 989, Page 550, and Volume 3498, Page 527, Deed Records,
Tarrant County, Texas. This strip of land is 16.18 feet in width along
its north line, 134.82 feet in length along its east line, 16.18 feet in
width along its south line and 134.82 feet in length along its west
line, required for a permanent easement.
Parcel 4-A - Temporary Construction Easement - A strip of land, 25.0
feet in width, lying adjacent to the east line of the described
Parcel 4-A permanent easement and containing 3370 square feet, required
for a temporary construction easement.
Parcel 4-B - A rectangularly shaped strip of land out of Lot 7, Block 92
and Lot 8, Block 92, Polytechnic Heights as recorded in Volume 4660,
Page 253, Deed Records, Tarrant County, Texas. This strip of land is
Minutes of City Council Q-3 Page 239
,r> 1 •.'
h. _-_
TUESDAY, OCTOBER 16, 1990
M&C L-10255 cont.II 15.0 feet in width and 125.0 feet in length, required for a permanent
easement.
Parcel 4-B - Temporary Construction Easement - A strip of land, 25.0
feet in width, lying adjacent to the east line of the described
Parcel 4-B permanent easement and containing 3125 square feet, required
for a temporary construction easement.
Square Feet: 4-A - 2022
4-A - T.C.E. - 3370
Zoning: "C"
Parcel No.: 3
4. Consideration
Payment for Easement $693.00
Total Consideration 693.00
5.
6.
7.
Location
2725 Avenue "K"
Owner
Volunteers of America
Financing
Sufficient funds
No. 016460170770.
Land Agent
Jerry Chalker
4-B - 1875
4-B - T.C.E. - 3125
are available in Fund PS46, Account No. 541100, Center
M&C L-10255 adopt11'
It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. L-10255, be adopted.
M&C L-10256 re There was presented Mayor and Council Communication No. L-10256 from the City
quadrilaterally- Manager recommending that the City pay a total consideration of $2,850.00 for a
shaped permanent quadrilateral ly-shaped permanent easement out of Tract 2, Tract 2A, and Tract 2B, John
easement Tract 2, Davis Survey, Abstract No. 418, as recorded in Volume 5508, Page 743, Deed Records,
Tract 2A, and Tarrant County, Texas, and Volume 4319, Page 551, Deed Records, Tarrant County, Texas;
Tract 2B John same being 155.01 feet in length along its north line, 19.38 feet in width along its
Davis Survey east line, 155.01 feet in length along its south line, and 19.38 feet in width along
Abstract No. 418 its west line; and a triangularly -shaped permanent easement out of Tract 44A1, John Van
Riper Survey, Abstract No. 1590, as recorded in Volume 4319, Page 551, Deed Records,
Tarrant County, Texas; same being 18.54 feet in depth along its east line, 22.67 feet
in length along its north line, and 29.29 feet in length along its hypotenuse; located
at 2462 East Vickery; owned by Pauline Farmer; and required for Sanitary Sewer
Replacement Project M-53. It was the consensus of the City Council that the easements
be acquired as recommended and that the expenditure be charged to Fund PS46, Account
No. 541100, Center No. 016460170770.
M&C L-10257 re There was presented Mayor and Council Communication No. L-10257 from the City
irregularly- Manager recommending that the City pay a total consideration of $738.00 for an
shaped permanent irregularly-shaped permanent easement out of Tract 44, John Van Riper Survey, Abstract
easement Tract 44 No. 1590, as recorded in Volume 6524, Page 423, Deed Records, Tarrant County, Texas;
John Van Riper same being 112.38 feet in length along its north line, 22.67 feet in width along its
Survey Abstract east line, 83.09 feet in length along its south line, and 19.38 feet in width along its
No. 1590 west line; located at 2500 Vickery Boulevard; owned by Gene E. Smith; and required for
Sanitary Sewer Replacement Project, Main 53, Polytechnic Heights. It was the consensus
of the City Council that the easement be acquired as recommended and that the
expenditure be charged to Fund PS46, Account No. 541100, Center No. 016460170770.
M&C L-10258 re There was presented Mayor and Council Communication No. L-10258 from the City
irregularly shaped Manager recommending that the City pay a total consideration of $675.00 for an
strip of land out irregularly- shaped strip of land out of Tract 5A, J.W. Davis Survey, Abstract No. 418,
of Tract 5A, J.W. as described in Volume 963, Page 546, Deed Records, Tarrant County, Texas; same being
Davis Survey 5.0 feet in depth along its south line, 499.85 feet in length along its west line, 5.57
Abstract No. 418 feet in depth along its east line, and 497.4 feet in length along its east line;
located at 1508 Mitchell Boulevard; owned by Joyce Smartt, Independent Executrix,
Mamie P. Beasley Estate; and required for Sanitary Sewer Replacement Project M-53. It
was the consensus of the City Council that the easement be acquired as recommended and
that the expenditure be charged to Fund PS46, Account No. 541100, Center
No. 016460170770.
M&C L-10259 re There was presented Mayor and Council Communication No. L-10259 from the City
rectangularly- Manager recommending that the City pay a total consideration of $315.00 for a
shaped right-of-way rectangularly -shaped right-of-way four feet in width and 100 feet in length out of
Lot 10. Block 4, Lot 10, Block 4, Homeacres Addition, as recorded in Volume 8626, Page 600, Deed
Homeacres Addition Records, Tarrant County, Texas, same being adjacent and parallel to the west side of
Village Creek Road; and a rectangularly -shaped temporary construction easement located
adjacent to and parallel to the west side of the above-mentioned permanent
right-of-way; located at 3928 Village Creek Road; owned by Bidal and Refugia Jimenez;
and required for Village Creek Road Improvement. It was the consensus of the City
Council that the land and easement be acquired as recommended and that the expenditure
be charged to Fund GS67, Center No. 016670401150, Account No. 541100.
Minutes of City Council Q-3 Page 240
.'P
KW _
TUESDAY, OCTOBER 16, 1990
M&C L-10260 re There was presented Mayor and Council Communication No. L-10260 from the City
irregularly-shaped
temporary construc Manager recommending that the City pay a total consideration of $463.00 for an
tion easement Lots irregularly-shaped temporary construction easement of various widths and being 125.11
A, B, and C, Wilke feet in length out of Lots A, B, and C, Wilkes Subdivision of Lots 11 and 12, Block 6,
Subdivision of Lots Homeacres Addition, as recorded in Volume 8357, Page 1464, Deed Records, Tarrant
11 and 12, Block 6 County, Texas, same being adjacent and parallel to the east right-of-way line of
Village Creek Road; and a public open space easement located on the southwest corner of
the above-described lot; located on the northeast corner of Village Creek Road and
Wilbarger Street; owned by Rowland G. Freeman; and required for Village Creek Road
Improvement. It was the consensus of the City Council that the easements be acquired
as recommended and that the expenditure be charged to Fund GS67, Center
No. 016670401150, Account No. 541100.
M&C L-10261 re There was presented Mayor and Council Communication No. L-10261 from the City
rectangularly- Manager recommending that the City pay a total consideration of $700.00 for a
shaped Lots 8 and rectangularly -shaped piece of land four feet in width and 200 feet in length out of
9, Block 4 Homeacres Lots 8 and 9, Block 4, Homeacres Addition, as recorded in Volume 4519, Page 886, Deed
Addition Records, Tarrant County, Texas; same being adjacent and parallel to the west side of
the existing Village Creek Road right-of-way; and a "L" shaped temporary construction
easement five feet in width on the south boundary, 18 feet in width on the north
boundary, and 200 feet in length, out of the same lots as described above; located at
3912 Village Creek Road; owned by C.L. Nickerson; and required for Village Creek Road
Improvement. It was the consensus of the City Council that the land and easement be
acquired as recommended and that the expenditure be charged to Street Improvements
Fund GS67, Center No. 016670401150, Account No. 541100.
M&C L-10262 re There was presented Mayor and Council Communication No. L-10262 from the City
Acquisition of Manager, as follows:
easement Meadowbro k
Drive reconstructs n SUBJECT: ACQUISITION OF EASEMENT MEADOWBROOK DRIVE, RECONSTRUCTION (WATSON
(Watson to I-820) TO I-820) PARCEL 18, TCE-27, TCE-28 AND TCE-29
RECOMMENDATION:
It is recommended that approval be given for the acquisition of the property
described below:
1. Name and Description of Project
Meadowbrook Drive Reconstruction/Watson to I-820
2. Type of Acquisition
Outright Purchase/Right-of-Way and Temporary Construction Easement
3. Description of Land
Parcel 18 - A triangularly shaped parcel of land out of Lot A-1,
Block 2, Wildwood Estates, as described in Volume 6381, Page 182, Deed
Records, Tarrant County, Texas. This parcel of land is 15.0 feet in
width along its north line (south R.O.W. line of Meadowbrook Drive), and
10.12 feet in depth along its west line (east R.O.W. line of Yeager
Street), required for street right-of-way.
TCE-27 - A rectangularly shaped parcel of land out of Lot A-1, Block 2,
Wildwood Estates, as described in Volume 6381, Page 182, Deed Records,
Tarrant County, Texas. This parcel is 13.0 feet in depth and 60.0 feet
in width and lies adjacent to, contiguous with and south of the south
right-of-way line of Meadowbrook Drive, required for a temporary
construction easement.
TCE-28 - A rectangularly shaped parcel of land out of Lot A-1, Block 2,
Wildwood Estates, as described in Volume 6381, Page 182, Deed Records,
Tarrant County, Texas. This parcel is 13.0 feet in depth and 65.0 feet
in width and lies adjacent to, contiguous with and south of the south
right-of-way line of Meadowbrook Drive, required for a temporary
construction easement.
TCE-29 - A rectangularly shaped parcel of land out of Lot A-1, Block 2,
Wildwood Estates, as described in Volume 6381, Page 182, Deed Records,
Tarrant County, Texas. This parcel is 6.0 feet in depth and 45.0 feet
in width and lies adjacent to, contiguous with and south of the south
right-of-way line of Meadowbrook Drive, required for a temporary
construction easement.
Square Feet: P-18
- 78.0
TCE-27
- 780.0
TCE-28
- 845.0
TCE-29
- 270.0
Zoning: "E"
Parcel No.: P-18
TCE-27
TCE-28
TCE-29
Minutes of City Council Q-3 Page 241
`. � as
f-'
TUESDAY, OCTOBER 16, 1990
M&C L-10262 cont. 4. Consideration
Payment for Right -of -Way $390.00
Total Consideration 390.00
5. Location
2316 Yeager Street
6. Owner
Farmers New World Life Insurance Company
7. Financing
Sufficient funds are available in Street Improvements Fund GS67, Center
No. 016670401320, Meadowbrook Drive, Watson to Stark. Expenditure will
be made from Account No. 541100.
M&C L-10264 re There was presented Mayor and Council Communication No. L-10264 from the City
triangularly- Manager recommending that the City pay a total consideration of $190.00 for a
shaped public open triangularly -shaped public open space easement from the southeast corner of Lot A,
space easement Wilkes Subdivision, Lots 16 and 17, Block 3, Homeacres Addition, and an
Lot A, Wilkes Sub- irregularly-shaped temporary construction easement ten feet in width and 139.99 feet in
division, Lots 16 length, being adjacent to and parallel to the west side of the Village Creek
and 17, 8 -tock 3 right-of-way; located at 4945 Wilbarger Street; owned by United Savings Association of
Homeacres Addition Texas FSB; and required for Village Creek Road Improvement. It was the consensus of
the City Council that the easements be acquired as recommended and that the expenditure
be charged to Street Improvements Fund GS67, Center No. 016670401150, Account
No. 541100.
M&C L-10265 re There was presented Mayor and Council Communication No. L-10265 from the City
Acquisition of Manager, as follows:
right-of-way
public open space SUBJECT: ACQUISITION OF RIGHT-OF-WAY/PUBLIC OPEN SPACE EASEMENT AND
easement and TEMPORARY CONSTRUCTION EASEMENT/VILLAGE CREEK ROAD IMPROVEMENT/
temporary construc PARCEL NO. 15 AND CE -15
tion easement
village creek road RECOMMENDATION:
improvement
It is recommended that approval be given for the acquisition of the property
described below:
1. Name and Description of Project
Village Creek Road Improvement
2. Type of Acquisition
Outright Purchase/Right-of-Way/Temporary Construction Easement/Public
Open Space Easement
3. Description of Land
Right -of -Way (Parcel 15) - An irregularly shaped strip of land being 14
feet in width on the north boundary line and 4 feet in width on the
south boundary line and being 300 feet in length, out of Lots 15, 16 and
17, Block 4, Homeacres Addition as recorded in Volume 7694, Page 943 and
Volume 7771, Page 472, Deed Records, Tarrant County, Texas. This strip
of land is located adjacent and parallel to the east side of the Village
Creek right-of-way and being the most westerly portion of Lots 15, 16
and 17, containing 1,221 square feet of land as required for
right-of-way.
Public Open Space Easement (P.O.S.E.) - An irregularly shaped strip of
land from the northwest corner of lot 17, block 4, containing 179 square
feet of land as required for a public open space easement.
Minutes of City Council Q-3 Page 242
8. Land Agent
Jerry Chalker
M&C L-10262 adopte
I It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. L-10262, be adopted.
M&C L-10263 re
There was presented Mayor and Council Communication No. L-10263 from the City
triangularly-
Manager recommending that the City pay a total consideration of $653.00 for a
shaped right-of-wal
triangularly -shaped right-of-way out of the J.E. Brandon Survey, Abstract No. 209, as
J.E. Brandon Surve
described in Volume 5023, Page 971, Deed Records, Tarrant County, Texas; same being
Abstract No. 209
adjacent to, contiguous with, and south of the south right-of-way line of Meadowbrook
Drive; and an irregularly-shaped temporary construction easement out of the
J.E. Brandon Survey, Abstract No. 209, as described in Volume 5023, Page 971, Deed
Records, Tarrant County, Texas; same lying adjacent to, contiguous with, and within the
south right-of-way line of Meadowbrook Drive and the west right-of-way line of
Purselley Drive; located on Meadowbrook Drive; owned by Walker A. Brents, Jr.; and
required for Meadowbrook Drive Reconstruction from Watson to I-820. It was the
consensus of the City Council that the land and easement be acquired as recommended and
that the expenditure be charged to Fund GS67, Center No. 016670401320, Account
No. 541100.
M&C L-10264 re There was presented Mayor and Council Communication No. L-10264 from the City
triangularly- Manager recommending that the City pay a total consideration of $190.00 for a
shaped public open triangularly -shaped public open space easement from the southeast corner of Lot A,
space easement Wilkes Subdivision, Lots 16 and 17, Block 3, Homeacres Addition, and an
Lot A, Wilkes Sub- irregularly-shaped temporary construction easement ten feet in width and 139.99 feet in
division, Lots 16 length, being adjacent to and parallel to the west side of the Village Creek
and 17, 8 -tock 3 right-of-way; located at 4945 Wilbarger Street; owned by United Savings Association of
Homeacres Addition Texas FSB; and required for Village Creek Road Improvement. It was the consensus of
the City Council that the easements be acquired as recommended and that the expenditure
be charged to Street Improvements Fund GS67, Center No. 016670401150, Account
No. 541100.
M&C L-10265 re There was presented Mayor and Council Communication No. L-10265 from the City
Acquisition of Manager, as follows:
right-of-way
public open space SUBJECT: ACQUISITION OF RIGHT-OF-WAY/PUBLIC OPEN SPACE EASEMENT AND
easement and TEMPORARY CONSTRUCTION EASEMENT/VILLAGE CREEK ROAD IMPROVEMENT/
temporary construc PARCEL NO. 15 AND CE -15
tion easement
village creek road RECOMMENDATION:
improvement
It is recommended that approval be given for the acquisition of the property
described below:
1. Name and Description of Project
Village Creek Road Improvement
2. Type of Acquisition
Outright Purchase/Right-of-Way/Temporary Construction Easement/Public
Open Space Easement
3. Description of Land
Right -of -Way (Parcel 15) - An irregularly shaped strip of land being 14
feet in width on the north boundary line and 4 feet in width on the
south boundary line and being 300 feet in length, out of Lots 15, 16 and
17, Block 4, Homeacres Addition as recorded in Volume 7694, Page 943 and
Volume 7771, Page 472, Deed Records, Tarrant County, Texas. This strip
of land is located adjacent and parallel to the east side of the Village
Creek right-of-way and being the most westerly portion of Lots 15, 16
and 17, containing 1,221 square feet of land as required for
right-of-way.
Public Open Space Easement (P.O.S.E.) - An irregularly shaped strip of
land from the northwest corner of lot 17, block 4, containing 179 square
feet of land as required for a public open space easement.
Minutes of City Council Q-3 Page 242
TUESDAY, OCTOBER 16, 1990
M&C L-10265 cont. Temporary Construction Easement (CE -15) - A rectangularly shaped strip
of land 4 feet in width and approximately 90 feet in length out of
Lot 15, Block 4, Homeacres Addition and recorded same as the above
(P-15) Permanent Easement. This strip is adjacent and parallel to the
Village Creek Right -of -Way, containing 310 square feet of land as
required for a temporary construction easement.
Square Feet: P-15 ..... ..... 1,221
P.O.S.E...99....179
C.E.............310
Zoning: "B" Two -Family
Description of Improvements: Fence
(2) Trees
Landscaping
Parcel No.: 15 and CE -15
4. Consideration
Payment for land $ 500.00
Payment for improvements 500.00
Other consideration 115.00
Total Consideration $1,115.00
5. Location
4108 Village Creek Road
6. Owner
Edward and Geneva Manning
M&C L-10267 re There was presented Mayor and Council Communication No. L-10267 from the City
rectanguiariy- Manager recommending that the City pay a total consideration of $450.00 for a
shaped right-of-waJ rectangularly -shaped right-of-way four feet in width and 100 feet in length out of
Lot 19, Block 3, Lot 19, Block 3, Homeacres Addition, as recorded in Volume 5220, Page 117, and
Homeacres Addition Volume 5584, Page 285, Deed Records, Tarrant County, Texas, located adjacent and
parallel to the west side of the existing Village Creek Road right-of-way; and two
irregularly-shaped temporary construction easements located adjacent to and parallel to
the west side of the above-described right-of-way of various widths and being 100 feet
in length, and both easements located in Lot 19, Block 3; located at 4404 Village Creek
Road; owned by Casbon Lee Skaggs, with checks to be made to Clara M. Phelps in an
amount of $200.00 and Casbon Lee Skaggs in an amount of $250.00; and required for
Village Creek Road Improvement. It was the consensus of the City Council that the land
and easements be acquired as recommended and that the expenditure be charged to Street
Improvements Fund GS67, Center No. 016670401150, Account No. 541100.
M&C L-10268 re There was presented Mayor and Council Communication No. L-10268 from the City
permanent water Manager stating that it is necessary to grant and record a permanent water line
line easement with easement which has existed under a verbal agreement with the City of River Oaks for
the City of River some period of time; that the easement extends in a southeasterly direction from the
Oaks, Tract 1A, Lake Worth Dam across Tract 1A of the A. Van Nordstrand Survey, Abstract No. 1584,
A. Van Nordstrand Tract 3 of the J.D. Quinn Survey, Abstract No. 1258 and Tract 1 of the J. Foote Survey,
Survey Abstract No Abstract No. 534, to the City of River Oaks Pump Station; and recommending that the
1584 City Manager be authorized to execute a 30 -foot water line easement across Tract 1A,
A. Van Nordstrand Survey, Abstract No. 1584, Tract 3, J.D. Quinn Survey, Abstract
No. 1258, and Tract 2, J. Foote Survey, Abstract No. 534, as recorded in Volume 379,
Page 240, Deed Records, Tarrant County, Texas, to the City of River Oaks. It was the
consensus of the City Council that the recommendation be adopted.
Minutes of City Council Q-3 Page 243
7. Financing
Sufficient funds are available in Street Improvement Fund GS67, Center
No. 016670401150, Village Creek Rd./Richardson/Wilbarger. Expenditures
will be made from Account No. 541100.
8. Land Agent
Frances Sargeant
M«C L=10265 :- -'.
It was the consensus of the City Council that the recommendations, as contained in
_Ge.,,
adopted
Mayor and Council Communication No. L-10265, be adopted.
M&C L-10266 re
There was presented Mayor and Council Communication No. L-10266 from the City
irregularly-
Manager recommending that the City pay a total consideration of $460.94 for an
shaped strip land
irregularly-shaped strip of land along the east property line of Lot 16, Block 4,
Lot 16, Block 4,
Eastwood Terrace Addition, as described in Volume 9539, Page 1896, Deed Records,
Eastwood Terrace
Tarrant County, Texas; same being approximately eight feet in width along the north
Addition
property line, 6.13 feet in width on the south property line, and 130 feet in length;
an open space easement from the northeast corner of the above Lot 16, Block 4; and a
rectangularly -shaped temporary construction easement from the east side of Lot 16,
Block 4, parallel and adjacent to the above-described right-of-way; located at
4920 Richardson Street; owned by Kenneth Johnson; and required for Village Creek Road
Improvement Project. It was the consensus of the City Council that the land and
easements be acquired as recommended and that the expenditure be charged to Street
Improvements Fund GS67, Center No. 016670401150, Account No. 541100.
M&C L-10267 re There was presented Mayor and Council Communication No. L-10267 from the City
rectanguiariy- Manager recommending that the City pay a total consideration of $450.00 for a
shaped right-of-waJ rectangularly -shaped right-of-way four feet in width and 100 feet in length out of
Lot 19, Block 3, Lot 19, Block 3, Homeacres Addition, as recorded in Volume 5220, Page 117, and
Homeacres Addition Volume 5584, Page 285, Deed Records, Tarrant County, Texas, located adjacent and
parallel to the west side of the existing Village Creek Road right-of-way; and two
irregularly-shaped temporary construction easements located adjacent to and parallel to
the west side of the above-described right-of-way of various widths and being 100 feet
in length, and both easements located in Lot 19, Block 3; located at 4404 Village Creek
Road; owned by Casbon Lee Skaggs, with checks to be made to Clara M. Phelps in an
amount of $200.00 and Casbon Lee Skaggs in an amount of $250.00; and required for
Village Creek Road Improvement. It was the consensus of the City Council that the land
and easements be acquired as recommended and that the expenditure be charged to Street
Improvements Fund GS67, Center No. 016670401150, Account No. 541100.
M&C L-10268 re There was presented Mayor and Council Communication No. L-10268 from the City
permanent water Manager stating that it is necessary to grant and record a permanent water line
line easement with easement which has existed under a verbal agreement with the City of River Oaks for
the City of River some period of time; that the easement extends in a southeasterly direction from the
Oaks, Tract 1A, Lake Worth Dam across Tract 1A of the A. Van Nordstrand Survey, Abstract No. 1584,
A. Van Nordstrand Tract 3 of the J.D. Quinn Survey, Abstract No. 1258 and Tract 1 of the J. Foote Survey,
Survey Abstract No Abstract No. 534, to the City of River Oaks Pump Station; and recommending that the
1584 City Manager be authorized to execute a 30 -foot water line easement across Tract 1A,
A. Van Nordstrand Survey, Abstract No. 1584, Tract 3, J.D. Quinn Survey, Abstract
No. 1258, and Tract 2, J. Foote Survey, Abstract No. 534, as recorded in Volume 379,
Page 240, Deed Records, Tarrant County, Texas, to the City of River Oaks. It was the
consensus of the City Council that the recommendation be adopted.
Minutes of City Council Q-3 Page 243
"I
,L+ _ _ I
TUESDAY, OCTOBER 16, 1990
M&C L-10269 re
There was presented Mayor and Council Communication No. L-10269 from the City
leasing space
Manager stating that Council had previously approved Mayor and Council Communication
for North Texas
No. L-10163 leasing space for the North Texas Library System in Magnolia Centre; that
Library System in
the owner of the property is unable to make the space ready in an acceptable time
Magnolia Centre
frame; that the Library System has obtained alternative space at Trinity Park Center at
the same rate and with the same terms; stating that funds are available in Grant
Fund GR76, Center Nos. 084308532010, 08430853202, 084308532030, 084308532040,
084308532050, 084308532060, 084308533010, and 084308533020, Account No. 537010; and
recommending that the City Council rescind Mayor and Council Communication No. L-10163
and authorize a lease agreement with Trinity Park Center II, J.V., for 4,300 square
feet of office space at a rate of $3,315.00 per month for months one through 36 and
$3,647.00 per month for months 37 through 60, with the lease to be for 60 months
commencing August 15, 1990, and ending July 14, 1995, with a five-year renewal at a
mutually agreeable rate to be included, contingent upon continued funding of the North
Texas Library System by the State of Texas. It was the consensus of the City Council
that the recommendations be adopted.
M&C L-10270 re
Property Leases
Dailas/Fort forth
Internation Air-
port and Regional
Airport Joint
Venture
There was presented Mayor and Council Communication No. L-10270 from the City
Manager, as follows:
SUBJECT: PROPERTY LEASES - DALLAS/FORT WORTH INTERNATIONAL AIRPORT AND
REGIONAL AIRPORT JOINT VENTURE
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution and
authorize the Dallas/Fort Worth International Airport Board to enter into a
99 -year lease and a 40 -year lease with two five-year options. The leases
will lease to Regional Airport Joint Venture unimproved D/FW Airport property
containing approximately 2.055 acres and 2.817 acres, respectively, near the
intersection of Wm. D. Tate Boulevard and Mustang Drive. The consideration
for both leases is a 99 -year lease from Regional Airport Joint Venture of an
adjacent 1.7 acre tract of land for pipeline and utility purposes.
F0K011,61611"1
In 1971, the City of Fort Worth began condemnation proceedings to acquire a
tract of land known today as the Mason Property. In May 1976, the City
abandoned the condemnation proceedings and the tract was never taken as D/FW
Airport property.
In July 1971, the D/FW Airport Board, in the mistaken belief that the Mason
Property was D/FW Airport property, conveyed a right-of-way to Explorer
Pipeline onto and through the Mason Property and represented that the
property belonged to D/FW Airport.
In January 1973, Henry S. Miller conveyed the Mason Property to James F.
Mason as trustee for Regional Airport Joint Venture.
In 1984, the D/FW Airport Board, still laboring under a false understanding
about ownership of the Mason Property, authorized Texas Power and Light
(TP&L) to realign 38 KV overhead power lines across the Mason Property in
conjunction with the D/FW Airport's construction of runway 13R/31L. Again,
the D/FW Airport Board represented that the Mason Property belonged to D/FW
Airport.
Over the last couple of years the D/FW Airport Board has considered various
options to cure the Explorer Pipeline and TP&L encroachments on the Mason
Property and avoid litigation over damage to the Mason Property the
encroachments may have caused.
Coincidentally, during that same period, the D/FW Airport Board was
negotiating with the State Department of Highways and Public Transportation,
which desired a drainage easement in conjunction with improvements along
State Highway 26. In light of the difficulties over the Mason Property, the
D/FW Airport Board proposed that the State deed to the D/FW Airport certain
land adjacent to the Mason Property that the Highway Department no longer
needed (but which could be beneficial to Mason) in exchange for the drainage
easement. That transaction was subsequently approved by the D/FW Airport
Board and the City Councils of Dallas and Fort Worth. See, Mayor and Council
Communication G-8408 - (January 16, 1990).
Having received such approvals, negotiations concerning the utility
encroachments were concluded between the D/FW Airport Board and Masons.
Those negotiations resulted in the following:
1. The land to be deeded to the D/FW Airport Board by the State is
adjacent to the Mason PRoperty upon which the Explorer Pipeline and
TP&L power lines encroach. Upon receipt of a deed from the State,
the D/FW Airport Board will lease the land to Regional Airport
Joint Venture for 99 years at no monetary rent, and for the
consideration described below;
2. In addition, the D/FW Airport Board will lease another tract of
approximately 2.8 acres west of the Mason property to Regional Airport
Minutes of City Council Q-3 Page 244
TUESDAY, OCTOBER 16, 1990
M&C L-10270
cont.
Joint Venture for a 40 -year term also at no rent and
for the same
re Property
Lease
consideration described below. In addition, the lease
contains an
Dallas/Fort
Worth
additional ten year option with rental at market rate; and
International
Airport and
Regional
3. Finally, and in return for the lease described above,
the Regional
Airport Joint
Airport Joint Venture would provide the D/FW Airport Board
with a
Venture
99 -year easement across the Mason Property to accommodate
the Explorer
Pipeline and the TP&L power lines and fully release the
D/FW Airport
Board and the two cities from claims arising from
the utility
encroachments.
Under state law, leases of D/FW Airport land in excess of 40 years (including
options and renewals) must be approved by the City Councils of Dallas and
Fort Worth. Therefore, both leases to Regional Airport Joint Venture require
City Council approval. (The Dallas City CounciL approved this transaction on
September 12, 1990.)
FINANCING:
There will be no cost to the City.
M&C L-10270 beI It was the consensus of the City Council that the recommendation, as contained in Mayor
adopted and Council Communication No. L-10270, be adopted.
Introduced Mayor Pro tempore Gilley introduced a resolution and made a motion that it be
Resolution 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 Zapata,
Garrison, Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: None
The resolution, as adopted, is as follows:
Resolution No. 1671 RESOLUTION NO. 1679
WHEREAS, Regional Airport Joint Venture ("Mason Property Owners") has
alleged ownership of a tract of land previously believed to have been
acquired for the Dallas/Fort Worth International Airport ("Airport") by the
City of Fort Worth in a condemnation action in 1971 ("Mason Property"); and
WHEREAS, the Airport Board authorized the construction of an underground
fuel pipeline and aboveground electrical transmission lines over and across
the Mason Property, which uses and property are necessary to the operation of
the Airport; and
WHEREAS, the Airport Board and Mason Property Owners have been
negotiating for several years to resolve this land dispute; and
WHEREAS, the Airport Board has reviewed and approved the proposed terms
for an exchange of leases with the Mason Property Owners to resolve the land
dispute in accord with Airport Board Resolution No. 89-199, approved
September 5, 1989; and
WHEREAS, the Mason Property Owners have agreed to accept a 99 year lease
for 2.055 acres of land (to be deeded to the Airport by the State Department
of Highways and Public Transportation) and a 40 year lease with two five-year
options at market rental price for 2.817 acres of Airport land in exchange
for the Mason Property Owners agreeing to grant the Airport Board a 99 year
lease for pipeline and utility uses, and to release the Airport Board and the
Cities of Dallas and Fort Worth from any claims and causes of action
occurring by the Airport's alleged encroachment across the Mason Property;
and
WHEREAS, the land to be leased by the Airport to the Mason Property
Owners can be used for commercial or industrial purposes, but is currently
vacant and excess land, and is not likely to be needed for Airport purposes.
Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH:
SECTION 1. That the described leases between the Dallas/Fort Worth
International Airport Board and Regional Airport Joint Venture are approved,
contingent upon receipt by the Airport Board of a lease from Regional Airport
Joint Venture for pipeline and utility uses and a relaese of claims.
SECTION 2. That this resolution shall take effect immediately from and
after its passage in accordance with the provisions of the Charter of the
City of Fort Worth, and it is accordingly so resolved.
M&C C-12532 re There was presented Mayor and Council Communication No. C-12532, dated
Fort Worth Zoo September 25, 1990, from the City Manager proposing a contract with the Fort Worth Zoo
contract
Minutes of City Council Q-3 Page 245
N
016,46
TUESDAY, OCTOBER 16, 1990
M&C C-12532 cont. Association for Operational Services at the Fort Worth Zoo. Council Member Chappell
re Fort Worth made a motion, seconded by Council Member Garrison, that consideration of Mayor and
Zoo contract Council Communication No. C-12532 be continued until the conclusion of the executive
session.
October 15, 1990
Fort Worth City Council Members
City of Fort Worth
1000 Throckmorton
Fort Worth, TX 76102
RE: Proposed privitization contract for zoo
Dear Council:
Hand -Delivered
The Executive Committee of the Fort Worth League of Neighborhood
Associations voted unanimously to oppose any contract with the Fort Worth
Zoological Association to privitize our city's zoo that includes the use or
subsidy of taxpayer's money.
It is strongly felt that no city subsidy should be part of any contract
with any entity that does not have an open, voting membership available to
all citizens of Fort Worth. Payment of taxpayer's money should never be
included in a privitization contract for a public park when those same
taxpayers are not afforded the opportunity to actively participate in
decisions regarding the expenditure of money.
Since a budget for the zoo has been passed, and the Zoological
Association meets later this month to discuss possible changes to the
membership rules, we see no reason why this Council should not postpone the
vote until after the Zoological Association decides what changes, if any, it
will make to its membership rules. Alternatively, the Fort Worth League of
Neighborhood Associations suggests complete privitization of the zoo, with no
city subsidy, or the city continue to run the zoo, perhaps smaller, but that
the city and its citizens can afford.
Sincerely,
/S/ Sharon Casstevens
Sharon Casstevens
Chairman
cc: FWLNA member neighborhoods
Dr. Martin Persons Dr. Martin Persons, 2436 Bedford Court West, appeared before the City Council and
re Zoo contract expressed opposition to the recommendation contained in Mayor and Council Communication
No. C-12552 proposing a contract with the Fort Worth Zoo Association for Operational
Services at the Fort Worth Zoo and requested that the section of the proposed contract
dealing with alcoholic beverages be returned to the former language or change the
language to require a specific request to the City Council.
Mr. Joe bilar di Mr. Joe Bilardi, Director of the Development Department, appeared before the City
re Zoo contract Council and advised the City Council that the sale of alcoholic beverages in City parks
sale of alcoholic does not require rezoning.
beferages in City
parks
Minutes of City Council Q-3 Page 246
Mayor Pro tempore Gilley made a substitute motion, seconded by Council Member
Zapata, that the recommendation, as contained in Mayor and Council Communication
No. C-12532, be denied. When the motion was put to a vote by the Mayor, it prevailed
unanimously.
M &C C-12552 re
There was presented Mayor and Council Communication No. C-12552, dated October 9,
operations at the
1990, from the City Manager stating that, during the 1990-91 budget process, staff
Fort Worth Zoo
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 health; that, following that City Council discussion, 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, a contract
was recommended for approval on September 9, 1990, Mayor and Council Communication
No. C-12532; that, after further discussion at that meeting, Council delayed action and
suggested some additional contract changes, as well as a work session on the issue;
stating that funds in the amount of $1.5 million are available in the 1990-91 Park and
Recreation Department budget to support the first year of this contract; that
subsequent year's funding will be subject to annual budget appropriations; and
recommending that the City Council approve the contract with the Fort Worth Zoo
Association and authorize the City Manager to execute the same.
Ms. Sharon
Ms. Sharon Casstevens, Chairman of the Fort Worth League of Neighborhood
Casstevens re
Associations, appeared before the City Council and read into the record the following
Zoo contract
correspondence by the Fort Worth League of Neighborhood Associations:
October 15, 1990
Fort Worth City Council Members
City of Fort Worth
1000 Throckmorton
Fort Worth, TX 76102
RE: Proposed privitization contract for zoo
Dear Council:
Hand -Delivered
The Executive Committee of the Fort Worth League of Neighborhood
Associations voted unanimously to oppose any contract with the Fort Worth
Zoological Association to privitize our city's zoo that includes the use or
subsidy of taxpayer's money.
It is strongly felt that no city subsidy should be part of any contract
with any entity that does not have an open, voting membership available to
all citizens of Fort Worth. Payment of taxpayer's money should never be
included in a privitization contract for a public park when those same
taxpayers are not afforded the opportunity to actively participate in
decisions regarding the expenditure of money.
Since a budget for the zoo has been passed, and the Zoological
Association meets later this month to discuss possible changes to the
membership rules, we see no reason why this Council should not postpone the
vote until after the Zoological Association decides what changes, if any, it
will make to its membership rules. Alternatively, the Fort Worth League of
Neighborhood Associations suggests complete privitization of the zoo, with no
city subsidy, or the city continue to run the zoo, perhaps smaller, but that
the city and its citizens can afford.
Sincerely,
/S/ Sharon Casstevens
Sharon Casstevens
Chairman
cc: FWLNA member neighborhoods
Dr. Martin Persons Dr. Martin Persons, 2436 Bedford Court West, appeared before the City Council and
re Zoo contract expressed opposition to the recommendation contained in Mayor and Council Communication
No. C-12552 proposing a contract with the Fort Worth Zoo Association for Operational
Services at the Fort Worth Zoo and requested that the section of the proposed contract
dealing with alcoholic beverages be returned to the former language or change the
language to require a specific request to the City Council.
Mr. Joe bilar di Mr. Joe Bilardi, Director of the Development Department, appeared before the City
re Zoo contract Council and advised the City Council that the sale of alcoholic beverages in City parks
sale of alcoholic does not require rezoning.
beferages in City
parks
Minutes of City Council Q-3 Page 246
-)o
`1 7
TUESDAY, OCTOBER 16, 1990
Mr. William mood _ Mr. Wil l i am Wood, Deputy City Attorney, appeared before the City Council regarding
re Zoo contract the sale of alcoholic beverages in the Zoo area.
sale of alcoholic
beverages in the Z o Mrs. Shirley Johnson, 2340 Mistletoe Avenue, appeared before the City Council and
Mrs. Shirley read into the record a statement of the Tarrant County League of Women Voters, as
Johnson re Zoo follows:
contract
October 16, 1990
Statement of the Tarrant Co. League of Women Voters
Mayor Bolen and Members of the City Council
Today represents the third consecutive City Council meeting in which the
Tarrant County League of Women Voters has seen necessary to comment upon the
proposed agreement between the City of Fort Worth and the Zoo Association
regarding the management and operation of the Forest Park Zoo.
As I noted previously, the League neither supports nor opposes the concept of
the privatization of the Zoo. Mr. Mayor, you have stated that such
privatization will save the citizens of Fort Worth untold tax dollars in
years to come. That may well be the case and we support governmental action
to stem the upward spiral of property taxes.
However, our issue today is no different than 2 weeks ago - the proposed
contract with the Zoo Association does not contain safeguards for the city in
the form of covenants recommended in our Public -Private Partnership Report
which was given to you in 1989 and which I distributed to you on September 30.
The modest changes effected in the original document in no way approach the
standards which we have recommended. The contract still fails to spell out
protections for the public in the areas of contractor performance, program
audit, and a host of other areas.
Speaking on behalf of the League I urge you to reject a rush to judgment.
Defer a vote on the Zoo contract, direct the City Attorney to immediately
prepare a standard form of contract adaptable to all forms of public-private
partnerships, and let us move forward with government open to the people.
For 70 years the League of Women Voters mission has been to have an informed
electorate able to understand issues and vote intelligently. Our judgment on
this contract, as presently drawn, is that it is ill-conceived and not in the
best interests of the citizens of Fort Worth.
M&C C-12552 be It was the consensus of the City Council that further discussion of Mayor and
continued until th Council Communication No. C-12552, Contract with the Fort Worth Zoo Association for
conclusion of the Operational Services at the Fort Worth Zoo, be continued until the conclusion of the
executive session executive session.
M&C C-12553 re
paving of Faron
Street from
Wellesley Avenue t
Lovell Avenue
M&C C-12553 be
adopted
M&C C-12554 re
paving of Crenshaw
Avenue from Bishop
Street to Campbeii
Street, Fitzhugh
Avenue from Bishop
Street to Campbell
Street and Campb-al
Street from Fitzhu h
Avenue to Crenshaw
Avenue
There was presented Mayor and Council Communication No. C-12553 from the City
Manager submitting a tabulation of bids received for the paving of Faron Street from
Wellesley Avenue to Lovell Avenue; and recommending that the City Council:
1. Approve the following fund transfers:
FROM
GS94-013940099050
Special
Assessments
Unspecified
GS67-020670409010
Inner City
Streets
Unspecified
GR76-005206080350
Eleventh Year
CDBG Inner City
Streets
TO AMOUNT REASON
GS67-020670401950 $ 22,000.00 To move property
Faron St., owners' share of
Wellesley to cost from Revolving
Lovell Fund to Project
account.
GS67-020670401950 $127,320.61 To provide funds for
Faron St., the City's share of
Wellesley to construction cost
Lovell plus $9,954.71 for
possible change
orders.
GR76-005206080560 $ 59,728.25 To provide funds for
Faron St., street construction.
Wellesley to
Lovell
2. Authorize the City Manager to execute a contract with Centerline
Constructors, Inc., in the amount of $199,094.15 and 45 working days,
based on the low base bid for the paving of Faron Street from Wellesley
Avenue to Lovell Avenue.
It was the consensus of the City Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. C-12554 from the City
Manager submitting a tabulation of bids received for the paving of Crenshaw Avenue from
Bishop Street to Campbell Street, Fitzhugh Avenue from Bishop Street to Campbell
Street, and Campbell Street from Fitzhugh Avenue to Crenshaw Avenue; and a tabulation
Minutes of City Council Q-3 Page 247
ti'4
M&C C-12554 cont.
paving of Crenshaw
Avenue from Bishop
Street of Campbell
Street
TUESDAY, OCTOBER 16, 1990
of bids received for the water line replacement in Crenshaw Avenue; and recommending
that the City Council:
1. Approve the following fund transfers:
FROM TO
GS94-013940099050 GS67-060670171510
Special Assess- Crenshaw Avenue
ments Unspecified Water Line
Replacement
PE45-0609020
Water and Sewer
Operating Fund
GS94-013940099050
Special Assess-
ments Unspecified
GS67-020670409010
Inner City
Streets Unspeci-
fied
GS90-020900957010
City's Share of
Design Engineer-
ing Unspecified
PW53-060530171510
Crenshaw Avenue
Water Line
Replacement
GS90-020901360720
Crenshaw, Fitzhugh
Campbell Street
Improvements
GS67-020671360720
Crenshaw, Fitzhugh,
Campbell Street
Improvements
GS90-020901360720
Crenshaw, Fitzhugh,
Campbell Street
Improvements
AMOUNT REASON
$ 73,114.00 To provide funds
for water line
replacement plus
$6,000 for possi-
ble change orders.
$ 5,000.00 To provide funds
for inspection and
survey.
$ 39,877.76 To move property
owners' share of
cost from revolv-
ing fund to pro-
ject account.
$205,000.00 To provide funds
for the City's
share of construc-
tion cost plus
$19,937.25 for
possible change
orders.
$ 16,918.63 To provide funds
for the City's
share of construc-
tion cost plus
$19,937.25 for
possible change
orders.
2. Authorize the City Manager to execute a contract with J.D. Vickers,
Inc., in the amount of $67,113.10 based on the low bid for the Water
Line Replacement in Crenshaw Avenue; and
3. Authorize the City Manager to execute a contract with Centerline
Constructors, Inc., in the amount of $664,575.02 and 55 working days for
the paving of Crenshaw Avenue (Bishop Street to Campbell Street),
Fitzhugh Avenue (Bishop Street to Campbell Street), and Campbell Street
(Fitzhugh Avenue to Crenshaw Avenue).
Council Member Council Member Chappell requested permission to abstain from voting on Mayor and
Chappel abstain Council Communication No. C-12554 because of his association with the Fort Worth
from voting Independent School District.
Council Member Garrison made a motion, seconded by Council Member Meadows, that
Council Member Chappell be permitted to abstain from voting on Mayor and Council
Communication No. C-12554. When the motion was put to a vote by the Mayor, it
prevailed unanimously.
M&C C-12554 Council Member Meadows made a motion, seconded by Mayor Pro tempore Gilley, that
approved the recommendations, as contained in Mayor and Council Communication No. C-12554, be
approved. When the motion was put to a vote by the Mayor, it prevailed by the
following vote:
MSC C-12555 re
Proposed change
Order No. 1 to
Construction of th
Eagle Mountain
Water Treatment
Plant
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Meadows, and Webber
NOES: None
ABSENT: None
NOT VOTING: Council Member Chappell
There was presented Mayor and Council Communication No. C-12555 from the City
Manager, as follows:
SUBJECT: PROPOSED CHANGE ORDER NO. 1 TO CONSTRUCTION OF THE EAGLE MOUNTAIN
WATER TREATMENT PLANT (LEM CONSTRUCTION, INC.)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a fund transfer in the amount of $27,656 from Water Capital
Improvement Fund PW77, Center No. 060770169010, Unspecified to Water
Minutes of City Council Q-3 Page 248
TUESDAY, OCTOBER 16, 1990
&C C-12555
cont.
Capital Improvement
Fund PW77, Center No. 060770160010, Eagle Mountain
e Proposed
change
Water Treatment Plant;
and
rder No. 1
to
onstruction
of the
2. Authorize Change
Order No. 1 to Contract No. 17792 with LEM
agle Mountain
Wate
Construction, Inc. in
the amount of $27,655.15 to the contract for
rea tmen t Plant
construction of the
Eagle Mountain Water Treatment Plant, revising the
total contract cost to $24,562,853.15.
PROJECT NO.: PW77-060770160010
RArvapniiNn
On April 10, 1990 (M&C C-12260 Revised), the City Council authorized the
award of a contract to LEM Construction, Inc. for construction of the Eagle
Mountain Water Treatment Plant.
PROPOSED CHANGE ORDER:
During construction, it was determined necessary to revise, correct and/or
amend certain construction items for a complete and operational system. The
contractor, LEM Construction., Inc., will perform this additional work for
$27,655.15. The proposed changes are as follows:
1. Install 12 -inch clay liner in bottom of holding basin
@ Lump Sum $16,878.64
2. Furnish and install 150 psi Reinforced Concrete Cylin-
der Pipe in lieu of 45 psi R.C.C.P. @ Lump Sum 13,687.51
3. Replace 1/4 -inch by 6 -inch stainless steel waterstop
with 1/8 -inch by 6 -inch stainless steel waterstop @
decrease in cost ( 2,911.00)
Total Change Order 127,655.15
The net effect of the proposed change order is as follows:
Original Contract Cost $24,535,198.00
Proposed Change Order No. 1 $ 27,655.15
Revised Contract Cost $24,562,853.15
The construction manager, Freese and Nichols, Inc., 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 Water Capital Improvement
Fund PW77, Center No. 060770169010, Unspecified. Upon approval and
completion of Recommendation No. 1 in the amount of $27,656.00, sufficient
funds will be available in Water Capital Improvement Fund PW77, Center
No. 060770160010, Eagle Mountain Water Treatment Plant to finance this change
order.
&C C-12555 be It was the consensus of the City Council that the recommendations, as contained in
do p to d Mayor and Council Communication No. C-12555, be adopted.
&C C-12556 re There was presented Mayor and Council Communication No. C-12556 from the City
roposed Change Manager, as follows:
rder No. 1 to 24
GD Expansion, Phas SUBJECT: PROPOSED CHANGE ORDER NO. 1 TO 24 MGD EXPANSION, PHASE IIB,
IB, Aeration Basin AERATION BASIN AREA (VCWWTP) (MARTIN K. EBY)
rea ( VCWV1TP )
RECOMMENDATION:
It is recommended that the City Council authorize Change Order No. 1 to
Contract No. 17676 with Martin K. Eby Construction, Inc. in the amount of
$64,122.65 to the contract for construction of the 24 MGD Expansion,
Phase IIB, Aeration Basin Area (VCWWTP) revising the total contract cost to
$12,953,622.65.
PROJECT NO.: PE42-070420160010
BACKGROUND:
On January 16, 1990 (M&C C-12110), the City Council authorized the award of a
contract to Martin K. Eby Construction Co., Inc. for construction of the 24
MGD Expansion, Phase IIB, Aeration Basin Area.
PROPOSED CHANGE ORDER:
During construction, it was determined necessary to make changes and/or
modifications to the plans and specifications to make a complete and
functional plant that meets City codes.
Minutes of City Council Q-3 Page 249
25J,
TUESDAY, OCTOBER 16, 1990
M&C C-12556 cont.II The contractor, Martin K. Eby Construction Co., Inc., will perform this
additional work for $64,122.65. The proposed changes are as follows:
1. Modify dechlorination equipment wiring for fire and
scrubber alarms and modify contract documents for manual
operation date $14,844.34
2. Modify sulfur dioxide storage tank pressure relief
system to meet fire regulations 11,749.74
3. Remove existing pulse to current transmitters, furnish
and install differential pressure transmitters at existing
aeration basins 26,679.70
4. Modify sulfur dioxide vent piping material from PVC to
steel 2,110.03
5. Furnish and install hazardous material signs on four sul-
fur dioxide storage tanks 133.40
6. Modify instrumentation panel at dechlorination facility to
provide local run status indication 4,609.00
7. Realign 14 -inch waste sludge pipeline to go around Area III
pump station 884.24
8. Furnish and install ammonia unions for strip down purposes
and install C -Kits and by-pass piping around pressure regu-
lating valves 3,112.20
Total Change Order $64,122.65
The net effect of the proposed change order is as follows:
Original Contract Cost $12,889,500.00
Proposed Change Order No. 1 $ 64,122.65
Revised Contract Cost $12,953,622.65
The Construction Manager, Freese and Nichols, Inc., and the staff engineers
of the Water Department have reviewed the proposed charges and found them
reasonable for similar work.
FINANCING:
Minutes of City Council Q-3 Page 250
Sufficient funds are available in State Revolving Fund PE42, Center
No. 070420160010, 24 MGD Expansion, Phase IIB, Aeration Basin Area (VCWWTP).
Expenditures will be made from Account No. 541200.
It was the consensus of the City Council that the recommendation, as contained in Mayor
M&C C-12556
and Council Communication No. C-12556, be adopted.
adopted
M&C C-12557 re
There was presented Mayor and Council Communication No. C-12557 from the City
Blackmon -Mooring-
Manager stating that Blackmon-Mooring-Steamatic Catastrophe, Inc., through its
S tea ma tic Ca tas tr
operations manager, Mr. John McCue, has requested permission to install a conduit under
phe, Inc. install
the street at 303 Arthur to contain computer cables and telephone lines which will
a conduit under
connect an existing building on one side of the street to a new building on the
the street at 303
opposite side of Arthur Street; and recommending that the City Manager, or his
Arthur to contain
designee, be authorized to enter into a standard consent agreement with
computer cables
Blackmon-Mooring-Steamatic Catastrophe, Inc., with such agreement authorizing the
and telephone
installation of a tunnel bore under the street at 303 Arthur. It was the consensus of
the City Council that the recommendation be adopted.
M&C C-12558 re
There was presented Mayor and Council Communication No. C-12558 from the City
U.S. Department
Manager stating that the City Manager was authorized to execute a contract on March 20,
of Housing and
1990, by Mayor and Council Communication No. G-8515 with U.S. Department of Housing and
Urban Development
Urban Development for the Sixteenth Year Community Development Block Grant; that
for the Sixteenth
included i n the budget was $90,000.00 of unprogrammed funds to be transferred to the
Year Community
Home Improvement Loan Program; that the HIL is administered by the Housing and Human
Development Block
Services Department and is designed to provide emergency repair and low interest home
Grant
improvement loans to low and moderate income homeowners; that the HIL operates in
conjunction with First Gibraltar Bank, F.S.B., which provides market rate funds to
leverage CDBG loan funds; and recommending that the City Council:
1. Approve an additional $90,000.00 for the Home Improvement Loan Program;
2. To transfer the funds as outlined below:
FROM TO
GR76 530000 005206080990 GR76 530000 005206080270 $10,872.56
(Unprogrammed Funds) (Hill Program)
GR76 530000 005206081990 GR76 530000 005206081210 $15,961.96
(Unprogrammed Funds) (Hill Program)
Minutes of City Council Q-3 Page 250
till
TUESDAY, OCTOBER 16, 1990
&C C-12558 cont. GR76 530000 005206084990 GR76 530000 005206084210 $63,165.48
(Unprogrammed Funds) (Hill Program)
3. Authorize the City Manager to execute an amendment to City Secretary
Contract No. 17895, with the First Gibraltar Bank, F.S.B., to allow the
deposit of $90,000.00 to operate the Home Improvement Loan Program.
Mayor Bolen revealed his ownership of a certificate of deposit through First
Gibraltar Bank and Council Member McCray revealed his ownership of an IRA through First
Gibraltar Bank.
1. Approve the transfer of $67,680.00 from Aviation Improvements Fund GC24,
Project No. 020240438080, Contingencies, to Project No. 020240438090,
Remove Twelve Tanks; and
2. Authorize the City Manager to execute an amendment to City Secretary
Contract No. 17823 with Tank Systems, Inc., for additional removal,
disposal and site clean-up of the underground storage tanks at Meacham
Airport, increasing the contract amount by $67,680.00 from $270,790.00
to $338,470.00.
M&C C-12559 adopted It was the consensus of the City Council that the recommendations be adopted.
M&C C-12560 re There was presented Mayor and Council Communication No. C-12560 from the City
Award of contract Manager, as follows:
for Geotechnical
and Engineering SUBJECT: AWARD OF CONTRACT FOR GEOTECHNICAL AND ENGINEERING SERVICES FOR
Services for REMEDIATION OF LANDFILL SLIDE INTO FLOODPLAIN AT LIBBEY STREET TO
Remediation of SOUTHWESTERN LABORATORIES, INC.
Landfill Siide into
F1 oodp i ai n Libbey RECOMMENDATION:
Street to South-
western
outh-
western La bor a torie , It is recommended that the City Council authorize the City Manager to:
Inc.
1. Make the following bond fund transfer:
FROM TO AMOUNT REASON
GS67-020670959010 GS67-020670288770 $36,624.00 To fund Geotechnical
Engineering Libbey Street contract with
Unspecified Landfill Slide Southwestern Labora-
tories.
2. Execute a contract with Southwestern Laboratories, Inc., in an amount
not to exceed $36,624 for providing engineering and geotechnical
services necessary for the remediation of the landfill slide into the
floodplain at Libbey Street.
DISCUSSION:
Over the past several years, dumping of construction waste material has been
taking place at the east end of Libbey Street into a gully which forms a
channel along the west side of Sunset Heights Addition. Several
organizations have disposed of construction waste material including City
departments, City contractors, and numerous unknown others. Cursory
investigations indicate that some, perhaps minor, quantities of household
trash and garbage may have also been dumped at the site. The.mass of
material deposited has reached the point where the landfill material is no
longer stable and has proceeded to slide downhill. The landslide has
Minutes of City Council Q-3 Page 251
Mayor Pro tempore Gilley made a motion, seconded by Council Member Zapata, that
the recommendations, as contained in Mayor and Council Communication No. C-12558, be
adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously.
M&C C-12559 re
There was presented Mayor and Council Communication No. C-12559 from the City
removal, disposal,
Manager stating that the City Manager was authorized on April 24, 1990, by Mayor and
and site clean-up
Council Communication No. P-4233 to purchase the removal, disposal, and site clean-up
of 12 underground
of 12 underground storage tanks at Meacham Airport, from Tank Systems, Inc., on its low
storage tanks at
bid of $270,790.00; that, due to the uncertain quantities of potentially contaminated
Me ac ha n Airport
soil, the staff prepared estimated quantities for the bid document; that Tank Systems,
from Tank Systems,
Inc., submitted its low bid of $270,790.00 based on these quantity estimates; that, in
Inc.
addition, the contract allowed for the removal, transportation, and disposal of 25,000
gallons of non -hazardous liquid; that final quantities of material removed and/or
replaced at the facility were in excess of the estimated amounts in the contract; that
a total of 45,360 gallons of non -hazardous liquid, 16,088 cubic yards of excavated
material and 8,500 cubic yards of replacement backfill were required to correct the
contamination problem; that, in an effort to maintain Tank Systems, Inc., staff entered
into negotiations on the cost associated with the transportation and disposal of the
additional materials; that, as a result of the negotiations, Tank Systems, Inc.,
proposed to remove, transport, and dispose of 45,360 gallons of non -hazardous liquid
and 5,760 cubic yards of contaminated soil; to provide 8,500 cubic yards of replacement
backfill, including placement and compaction; and to remove and stage 9,470 cubic yards
of material, for a total additional cost of $67,680.00; that staff considers the
additional costs to be fair and reasonable for the work performed; and recommending
that the City Council:
1. Approve the transfer of $67,680.00 from Aviation Improvements Fund GC24,
Project No. 020240438080, Contingencies, to Project No. 020240438090,
Remove Twelve Tanks; and
2. Authorize the City Manager to execute an amendment to City Secretary
Contract No. 17823 with Tank Systems, Inc., for additional removal,
disposal and site clean-up of the underground storage tanks at Meacham
Airport, increasing the contract amount by $67,680.00 from $270,790.00
to $338,470.00.
M&C C-12559 adopted It was the consensus of the City Council that the recommendations be adopted.
M&C C-12560 re There was presented Mayor and Council Communication No. C-12560 from the City
Award of contract Manager, as follows:
for Geotechnical
and Engineering SUBJECT: AWARD OF CONTRACT FOR GEOTECHNICAL AND ENGINEERING SERVICES FOR
Services for REMEDIATION OF LANDFILL SLIDE INTO FLOODPLAIN AT LIBBEY STREET TO
Remediation of SOUTHWESTERN LABORATORIES, INC.
Landfill Siide into
F1 oodp i ai n Libbey RECOMMENDATION:
Street to South-
western
outh-
western La bor a torie , It is recommended that the City Council authorize the City Manager to:
Inc.
1. Make the following bond fund transfer:
FROM TO AMOUNT REASON
GS67-020670959010 GS67-020670288770 $36,624.00 To fund Geotechnical
Engineering Libbey Street contract with
Unspecified Landfill Slide Southwestern Labora-
tories.
2. Execute a contract with Southwestern Laboratories, Inc., in an amount
not to exceed $36,624 for providing engineering and geotechnical
services necessary for the remediation of the landfill slide into the
floodplain at Libbey Street.
DISCUSSION:
Over the past several years, dumping of construction waste material has been
taking place at the east end of Libbey Street into a gully which forms a
channel along the west side of Sunset Heights Addition. Several
organizations have disposed of construction waste material including City
departments, City contractors, and numerous unknown others. Cursory
investigations indicate that some, perhaps minor, quantities of household
trash and garbage may have also been dumped at the site. The.mass of
material deposited has reached the point where the landfill material is no
longer stable and has proceeded to slide downhill. The landslide has
Minutes of City Council Q-3 Page 251
ti" AW
TUESDAY, OCTOBER 16, 1990
M&C C-12560 cont.II encroached into the floodplain and threatens to eventually slide into the
channel.
Staff has serious concerns about the hazards that the landfill site presents
and has requested a proposal from Southwestern Laboratories to investigate
the site and make recommendations for the remediation of the problem.
Southwestern Laboratories, Inc., proposes to perform necessary geotechnical
investigation such as excavating exploratory test pits, core drilling,
sampling, and testing of materials and provide an engineering report on the
condition of the slide with recommendations for its remediation.
Southwestern Labs will also sample and test for the presence of household and
hazardous waste, however recommendations for removal and disposal are beyond
the scope of this contract. Southwestern Laboratories, Inc., proposes to
retain J.B. Davies, Inc., to perform the necessary surveys and prepare
construction plans and specifications for performing the actual remediation.
Southwestern Laboratories proposes to perform the work on a unit price basis,
with a total not -to -exceed fee of $36,624, broken down as follows:
SOUTHWESTERN LABORATORIES, INC. FEE SCHEDULE
Field Service $ 5,500 3 days
Geotech Testing 2,600 20 days
Environmental Testing* 2,500 - days
Engineering Report 7,200 5 days
Subtotal $17,800 28 days
J.B. DAVIES, INC.
Survey Services $10,846 14 days
Engineering Services 7,678 21 days
Subtotal $18,524 35 days
Total $36,624 63 days
*If necessary.
FINANCING:
It is anticipated that the City Water Department will reimburse the project
account for one-third (1/3) of the amount expended and a City contractor
which contributed fill to the area will reimburse one-third (1/3) of the
amount expended, leaving one-third (1/3) of the actual expense to be financed
from bonds for streets and related improvements.
Sufficient funds are available for transfer from Street Improvements
Fund GS67, Center No. 020670959010, Engineering Unspecified. Upon approval
and completion of Recommendation No. 1, sufficient funds will be available in
Street Improvements Fund GS67, Center No. 020670288770, Libbey Street
Landfill Slide. Expenditures will be made from Account No. 541200.
M&C C-12560 adoptel It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. C-12560, be adopted.
M&C C-12561 re There was presented Mayor and Council Communication No. C-12561 from the City
Contract Amendment Manager, as follows:
Sunset Heights
Floodway Improve- SUBJECT: CONTRACT AMENDMENT - SUNSET HEIGHTS FLOODWAY IMPROVEMENTS (RADY AND
ments (Rady and ASSOCIATES, INC.)
Associates, Inc.)
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the following bond fund transfer:
FROM TO AMOUNT REASON
GS67-020670959010 GS67-020670288660 $104,000.00 To provide funds
Engineering Sunset Heights for engineering
Unspecified Floodway Improve- services.
ments
2. Authorize the City Manager to execute an amendment to the engineering
agreement with Rady and Associates, Inc., City Secretary Contract
No. 16458, increasing the scope of the work related to Sunset Heights
Floodway Improvements, and increase the maximum allowable fee from
$153,000 to $257,000.
RArvnPni INn
On April 12, 1988 (M&C C-10911), City Council authorized the City Manager to
execute a contract with Rady and Associates, Inc., to design, provide
Minutes of City Council Q-3 Page 252
2, 53
TUESDAY, OCTOBER 16, 1990
M&C C-12561 cont. necessary engineering, and prepare plans and specifications for construction
Contract Amendment of the Sunset Heights Floodway Improvements and prepare a master plan for
Sunset Heights interior storm drainage improvements in the Sunset Heights Addition. The
Floodway Improve- master plan has now been completed and indicates that interior storm drainage
ments (Rady and improvements can be installed for $851,000. Rady and Associates, Inc., has
Associates, Inc.) agreed to perform the necessary engineering, design, and preparation of plans
and specifications for a lump sum fee of $75,000.
An additional item in this amendment is the design of a light duty bridge
over the outfall channel for the Trinity Bike and Hike Trail. Design of the
bridge will take place only if the City and the Tarrant County Water Control
and Improvement District No. 1 can agree on the design parameters; otherwise,
the existing configuration, a low water crossing, will be replaced. Rady and
Associates, Inc., proposes to design the bridge for a lump sum fee in the
amount of $14,000, if requested by the City.
Recent flooding in the Sunset Heights Addition resulted in a request that
Rady and Associates, Inc., perform hydrologic and hydraulic analysis, prepare
maps, and make presentations which were not considered in the original
engineering contract. Based on the number of unforeseen problem areas
to -date, it is anticipated that additional studies may be required before the
project is finally complete. Staff proposes to include an allowance of
$15,000 in the design contract to be used only in the event further
unforeseen contingencies arise. These monies will not be spent unless
specific services are requested by staff which has not been otherwise
provided.
RECAPITULATION OF COSTS
Prior work contracted to -date $153,000
Sunset Heights storm drain design 75,000
Bridge over outfall channel 14,000
Additional miscellaneous services 15,000
Total Contract Amount $257,000
FINANCING:
Sufficient funds are available in Street Improvements Fund GS67, Center
No. 020670959010, Engineering Unspecified. Upon approval and completion of
Recommendation No. 1, sufficient funds will be available in Street
Improvements Fund GS67, Center No. 020670288660, Sunset Heights Floodway
Improvements. Expenditure will be made from Account No. 531200.
M&C C-12 561 adopte
It was the consensus of the City Council that the recommendations, as contained in
—
Mayor and Council Communication No. C-12561, be adopted.
M&C C-12552 re
There was presented Mayor and Council Communication No. C-12562 from the City
Fort worth Housing
Manager stating that the Fort Worth Housing Finance Corporation approved the allocation
Finance Corporatio
of $52,500.00 from the Fort Worth Housing Endowment Fund for the establishment of the
approved the
Fort Worth Home Loan Information Center on September 25, 1990; that the Fort Worth Home
allocation of
Loan Information Center is in support of the 1990 Single Family Mortgage Revenue Bond
$52,500.00 from thd
Program; that the Fort Worth Housing Finance Corporation on September 13, 1990,
Fort Worth Housing
approved the issuance of 21.4 million dollars in mortgage revenue bonds; that proceeds
Endowment Fund in
from the sale of the bonds will be utilized to provide mortgage loans for first-time
support of the 199E
homebuyers seeking to purchase newly constructed or existing homes in the City of Fort
Single Family
Worth; that these mortgages will be made available at an interest rate of 8.45 percent
Mortgage Revenue
with a 30 -year term; that the Home Loan Information Center will provide the public with
Bond Program
a central source of accurate and up-to-date information regarding mortgage loan funds
available from the Mortgage Bond Program; that the Center will be housed within the
Department of Housing and Human Services and operate for 12 months during normal
business hours; that the center will operate as a telephone clearing house rather than
as a "walk-in" center; and recommending that the City Council:
1. Authorize the City Manager to sign a contract with the Fort Worth
Housing Finance Corporation the terms of which provide for the City of
Fort Worth to establish and operate the Home Loan Information Center in
support of the 1990 Single Family Mortgage Revenue Bond Program for an
amount of $52,500.00;
2. Adopt the attached supplemental appropriation ordinance appropriating
$52,500.00 from increased revenues of the General Fund and increasing
appropriations in the General Fund Housing and Human Services Account,
Housing Services;
3. Authorize the Accounting Division of the Finance Department, subject to
City Manager's acceptance of the grant, to establish the account in the
City of Fort Worth's financial accounting system upon receipt of an
executed contract; and
4. Approve the waiver of indirect costs.
M&C C-12562 adopte4 It was the consensus of the City Council that the recommendations be adopted.
Minutes of City Council Q-3 Page 253
v),
2 J`.
.. 4...
TUESDAY, OCTOBER 16, 1990
Introduced Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
Ordinance adopted. The motion was seconded by Council Member Garrison. The motion, carrying
with it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10699
10699
AN ORDINANCE APPROPRIATING $52,500.00 IN THE GENERAL FUND, HOUSING
AND HUMAN SERVICES ACCOUNT, HOUSING SERVICES AND DECREASING THE
GENERAL FUND UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME
AMOUNT FOR THE PURPOSE OF ESTABLISHING AND OPERATING THE HOME LOAN
INFORMATION CENTER IN SUPPORT OF THE 1990 SINGLE FAMILY MORTGAGE
REVENUE BOND PROGRAM; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING
THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL
PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDNG FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 5.
This ordinance shall take effect and be in full force and effect from
and after the date of its passage, and it is so ordained.
M&C C-12563 re There was presented Mayor and Council Communication No. C-12563 from the City
professional Manager submitting a tabulation of bids received for professional services contract for
services contract engineering services for the Aviation Department; stating that funds are available in
for engineering Aviation Improvements Fund 24, Center No. 020240437880, Account No. 531200; and
services for the recommending that the City Manager be authorized to execute a professional services
Aviation Departmen contract with Poe Engineering, Inc., of Fort Worth for the projects and in the amount
of $110,756.00 shown below:
1. Study, preliminary and final design services and con-
struction observation services fee, pavement recon-
struction, seal coat application and restriping on
Runway 16R/34L, and Taxiways "E", "Q", and "P". $ 59,988.00
2. Replacement of the VASI System ---
3. Preliminary and final design services and construc-
tion observation services for the reconstruction of
the blast pads, run-up areas and taxiway access for
Runway 16L/34R. 50,768.00
TOTAL $110,756.00
M&C C-12563 Council Member Chappell made a motion, seconded by Mayor Pro tempore Gilley, that the
adopted recommendation, as contained in Mayor and Council Communication No. C-12563, be adopted.
When the motion was put to a vote by the Mayor, it prevailed unanimously.
M&C C-12564 re There was presented Mayor and Council Communication No. C-12564 from the City
State Department Manager, as follows:
and Public Trans-
portation Contract SUBJECT: STATE DEPARTMENT AND PUBLIC TRANSPORTATION CONTRACTS: TRASER &
Traser & 55 MPH 55 MPH ENFORCEMENT
Enforcement
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept contracts with the State Department
of Highways and Public Transportation to operate the following programs:
A) A Driver Behavior Selective Enforcement TRASER for enhanced
enforcement to reduce accidents at TRASER selected STEP sites in
the amount of $47,404.95.
B) A Special Traffic Enforcement Program for enhanced enforcement of
the fifty-five miles per hour speed limit on an overtime basis in
the amount of $126,426.00.
2. Authorize the City Manager to waive the indirect cost since indirect
costs are not allowed by the State Department of Highways and Public
Transportation.
Minutes of City Council Q-3 Page 254
� r i --
r44) J
TUESDAY, OCTOBER 16, 1990
M&C, C-12564 cont. 3. Authorize the transfer of $63,123 for Cash Match from General Fund
State Department GG01,538070, 0903535 Non -Departmental City Grant Contribution to grant
and Public Trans- Fund GR76 (project to be assigned subject to funding approval), and:
portation Contract
Traser & 55 MPH 4. Authorize the transfer of $9,460.95 from General Fund GGO1, 538070,
Enf orcernent 0903535 Non -Departmental to Grant Fund GR76 for retirement benefits not
eligible for reimbursement.
DISCUSSION:
The TRASER contract will enable the Police Department to retain the personnel
who were hired during the first year contract to enter all traffic data on
TRASER. TRASER is a computerized program to build an automated traffic
records system to record all accident records and all police citations. The
Police Department will review the data generated by TRASER and will assign
police enforcement personnel to selected STEP sites as indicated by TRASER
information. A total of $47,404.95 in State reimbursable funds are included
in this project.
The State Department of Highways and Public Transportation has agreed to
provide funds for a contract to continue a project for enhanced enforcement
of the national fifty-five mile per hour speed limit in Fort Worth. This
program will entail officers, on an overtime basis, working sites on area
freeways that have been identified as having the highest levels on
noncompliance with the speed limit. Twelve sites will be worked at various
hours and days. Al equipment for this program will be provided from
existing resources, and the State will reimburse the City for overtime pay
and mileage expenses at a 50/50 percent ratio (State -50%, City -50%).
The funding period for these programs will begin on October 1, 1990, or when
all signatures are obtained on the contracts and end September 30, 1991.
FINANCING:
The total cost of the TRASER contract is $47,404.95 which will be provided by
the State Department of Highways and Public Transportation. No city funding
will be required.
BUDGET
STATE CONTRACTOR
COST COST TOTAL
ENFORCEMENT ACTIVITIES:
1. Personal Services
A. Enforcement -0- -0- -0-
B. Staff/Supervisory Support
1. Administrative Aide
2080 hours @ $9.00/hour
18,790.00
-0-
18,790.00
40 hours @ $13.50
540.00
-0-
540.00
Retirement @ 8.5%
1,637.10
-0-
1,637.10
Worker's Comp
1,343.00
-0-
1,343.00
Insurance
2,365.00
-0-
2,365.00
State Unemployment @ .18%
34.67
-0-
34.67
Subtotal
$24,639.77
-0-
$ 24,639.77
2. Terminal Operator
2080 hours @ $7.41/hour
15,412.80
-0-
15,412.80
30 hours @ $11.12/hour
333.60
-0-
333.60
Retirement @ 8.5%
1,338.44
-0-
1,338.44
Workman's Comp
1,343.00
-0-
1,343.00
Insurance
2,365.00
-0-
2,365.00
State Unemployment @ .18%
28.34
-0-
28.34
Subtotal
$20,821.18
-0-
$ 20,821.18
C. Travel & Per Diem (State Rate)
1. Travel for contractor
personnel to attend
meetings called by the
Department: 1,000.00 -0- 1,000.00
2. Travel for two people to attend five day workshop:
600 miles x $.24 per mile 144.0 -0- 144.00
Room and Board for 5 days 800.00 -0- 800.00
Subtotal
TOTAL CONTRACT COST
$ 944.00 -0- $ 944.00
$47,404.95 -0- $ 47,404.95
Minutes of City Council Q-3 Page 255
�0
TUESDAY, OCTOBER 16, 1990
M&C C 12564 cont. The total contract cost of the Special Traffic Enforcement Program is
State Department
$126,426.00. The State Department of Highways and Public Transportation will
a n d Public Trans-
portau Contract!provide funds in the amount of $63,213.00 and the City of Fort Worth will
Traser & 55 MPH provide $63,213.00.
Enforcement The City will provide $9,460.95 for 8.5% Retirement Benefits not allowed for
reimbursement from the State. Sufficient funds are available to transfer
from General Fund GGO1, Center No. 0903535, Non -Departmental City Grant
Contribution. Upon approval and completion of recommendations No. 354,
sufficient funds will be available in Grant Fund GR76.
STATE CONTRACTOR
COST COST TOTAL
ENFORCEMENT ACTIVITIES:
1. Personal Services
A. Enforcement
1. Patrol Officers
4863 hours @ $20.50 per
hour
(Retirement @ 8.5%
49,845.75 49,845.75 99,691.50
-0- 8,473.78 8,473.78)
B. Staff/Supervisory Support
1. Police Sergeant
450 hours @ $25.81 5,806.88 5,806.87 11,613.75
(Retirement @ 8.5% -0- 987.17 987.17)
C. Travel & Per Diem (State Rate)
1. Travel for contractor per-
sonnel to attend meetings
called by the Department: 487.87 487.88 975.75
Personal Service Sub -Total
II. Other Direct Costs
A. Mileage (not to exceed state
rate) 56,500 miles @ $.24 per
mile
B. Public Information and
Education Material
Other Direct Costs Sub -Total
TOTAL CONTRACT COST
(TOTAL RETIREMENT
TOTAL PROGRAM
$56,140.50 $56,140.50 $112,281.00
6,780.00 6,780.00
292.50 292.50
13,560.00
585.00
$ 7,072.50 $ 7,072.50 $ 14,145.00
$63,213.00 $63,213.00 $126,426.00
-0- 9,460.95 9,460.95)
$63,213.00 $72,673.95 $135,886.95
M&C FP -2728 re There was presented Mayor and Council Communication No. FP -2728 from the City
Contract for three Manager stating that the contract for three sanitary sewer meter stations for the City
sanitary sewer of White Settlement have been completed in accordance with plans and specifications
meter stations for under Contract No. 17714 awarded to Larry H. Jackson Construction, Inc., on
the City of White February 20, 1990; and recommending that the City Council accept as complete the
Settlement contract to Larry H. Jackson Construction, Inc., for three sanitary sewer meter
stations for the City of White Settlement and authorize final payment in the amount of
$15,182.04 to Larry H. Jackson Construction, Inc., with funds available in Sewer
Minutes of City Council Q-3 Page 256
The State Department of Highways and Public Transportation does not provide
for any form of indirect costs; therefore, it will be necessary to waive
these charges in the amount of $9,074.00 for the TRASER contract and
$24,104.93 for the Special Traffic Enforcement Program.
M&C C-12564 adopte
It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. C-12564, be adopted.
M&C FP -2727 re
There was presented Mayor and Council Communication No. FP -2727 from the City
Contract for
Manager stating that the contract for M -199B Rehabilitation has been completed in
M -199B Rehabi 1 i ta-
accordance with plans and specifications under Contract No. 17888 awarded to Circle C
tion
Construction Company on June 5, 1990, by Mayor and Council Communication No. C-12348;
and recommending that the City Council accept as complete the contract with Circle C
Construction Company for M-1998 Rehabilitation and authorize final payment in the
amount of $12,050.00 to Circle C Construction Company, with funds available in Sewer
Capital Improvements Fund PS58, Contract Encumbrance No. 17888, Account No. 541200,
Center No. 070580170870. It was the consensus of the City Council that the
recommendations be adopted.
M&C FP -2728 re There was presented Mayor and Council Communication No. FP -2728 from the City
Contract for three Manager stating that the contract for three sanitary sewer meter stations for the City
sanitary sewer of White Settlement have been completed in accordance with plans and specifications
meter stations for under Contract No. 17714 awarded to Larry H. Jackson Construction, Inc., on
the City of White February 20, 1990; and recommending that the City Council accept as complete the
Settlement contract to Larry H. Jackson Construction, Inc., for three sanitary sewer meter
stations for the City of White Settlement and authorize final payment in the amount of
$15,182.04 to Larry H. Jackson Construction, Inc., with funds available in Sewer
Minutes of City Council Q-3 Page 256
ti+J7
TUESDAY, OCTOBER 16, 1990
M&C, FP -2728 cont.
Capital Improvements Fund PS58, Retainage Account No. 205019, Center No. 000580190010.
and adopted
It was the consensus of the City Council that the recommendations be adopted.
M&C FP -2729 re
There was presented Mayor and Council Communication No. FP -2729 from the City
Highland Hilis
Manager stating that Highland Hills Recreation Center has been completed in accordance
Recreation Center
with plans and specifications under Contract No. 17277 awarded to Coronado Builders,
Inc., on August 1, 1989; and recommending that the City Council accept as complete
Highland Hills Recreation Center and authorize final payment on City Secretary Contract
No. 17277 to Coronado Builders, Inc., in the amount of $20,932.42, with funds available
in Fund GC05, Retainage Account No. 205004, Center No. 000050410350, Fund GC23,
Retainage Account No. 205001, Center No. 000230410080, and Fund GC36, Retainage Account
No. 205001, Center No. 000360410220; and Fund GC67, Retainage Account No. 205031,
Center No. 000670371390, and Contract No. 17277. Council Member Webber made a motion,
seconded by Council Member Meadows, that the recommendation, as contained in Mayor and
Council Communication No. FP -2729, be adopted. When the motion was put to a vote by
the Mayor, it prevailed unanimously.
Councii Member
Council Member Webber advised the City Council of the grand opening of the
Webber re FP -2729
Highland Hills Recreation Center on October 20, 1990, at 10:00 a.m.
M&C FP -2730 re
There was presented Mayor and Council Communication No. FP -2730 from the City
paving of HVAC
Manager stating that the paving of HMAC Resurfacing (89-2) Street Improvements have
Resurfacing (89-2)
been completed in accordance with plans and specifications under Contract No. 17229
Street Improvement
awarded to APAC-Texas, Inc., on June 27, 1990; and recommending that the City Council
accept as complete the paving of HMAC Resurfacing (89-2) Street Improvements and
authorize final payment in the amount of $31,910.26 to APAC-Texas, Inc., with funds
available in Street Maintenance Fund GS93, Account No. 205014, Retainage, Center
No. 000930521200, Contract No. C517299. It was the consensus of the City Council that
the recommendations be adopted.
M&C FP -2731 re There was presented Mayor and Council Communication No. FP -2731 from the City
Vel Drive, Grattan Manager stating that Vel Drive, Grattan Road, and Ava Court Street Improvements have
Road, and Ava Couri been completed in accordance with plans and specifications under Contract No. 17474
Street Improvement awarded to L.D. Conatser Contractors on October 31, 1989; and recommending that the
City Council accept as complete Vel Drive, Grattan Road, and Ava Court Street
Improvements and authorize final payment in the amount of $19,753.97 to L.D. Conatser
Contractors, with funds available in Street Improvements Fund GS67, Retainage Account
No. 205043, Center No. 0006704012509 Fund GS30, Retainage Account No. 205015, Center
No. 000300401250, and Contract Encumbrance No. C017474. It was the consensus of the
City Council that the recommendations be adopted.
M&C FP -2732 re There was presented Mayor and Council Communication No. FP -2732 from the City
paving of Hardgrov Manager stating that the paving of Hardgrove Lane at Stone Road and North Hurst Road at
Lane at Stone Road City Road 1064 Intersection Improvements have been completed in accordance with plans
and North Hurst and specifications under Contract No. 17632 awarded to Austin Paving Company on
Road at City Road January 2, 1990; and recommending that the City Council accept as complete the paving
1064 intersection of Hardgrove Lane at Stone Road and North Hurst Road at City Road 1064 Intersection
improvements Improvements and authorize final payment in the amount of $8,291.10 to Austin Paving
Company, with funds available in Street Improvements Fund GS67, Retainage Account
No. 205059, Center No. 000670391240, and Contract No. C017632. It was the consensus of
the City Council that the recommendations be adopted.
M&C FP -2733 re There was presented Mayor and Council Communication No. FP -2733 from the City
paving of Ridgmar Manager stating that the paving of Ridgmar Boulevard Street Improvements from Genoa to
Boulevard Street Newport Court have been completed in accordance with plans and specifications under
improvements. -:from Contract No. 17810 awarded to APAC-Texas, Inc., on March 27, 1990; and recommending
Genoa to Newport that the City Council accept as complete the paving of Ridgmar Boulevard from Genoa to
Court Newport Court and authorize final payment in the amount of $4,953.20 to APAC-Texas,
Inc., with funds available in Contract Street Maintenance Fund GS93, Retainage Account
No. 205027, Center No. 000930531220. It was the consensus of the City Council that the
recommendations be adopted.
M&C FP -2734 re There was presented Mayor and Council Communication No. FP -2734 from the City
paving of Tanney Manager stating that the paving of Tanney Hill Lane Street Improvements from Ramey to
Hill Lane Street Truman have been completed in accordance with plans and specifications under Contract
Improvement from No. 17752 awarded to L.D. Conatser on February 27, 1990; and recommending that the City
Ramey to Truman Council accept as complete the paving of Tanney Hill Lane Street Improvements from
Ramey to Truman and authorize final payment in the amount of $7,613.25 to
L.D. Conatser, with funds available in Street Improvements Fund GS67, Account
No. 205000, Center No. 000670401800. It was the consensus of the City Council that the
recommendation be adopted.
Setting today as It appearing to the City Council that the City Council set today as the date for a
the date for a special City Council zoning hearing regarding the Zoning Ordinance Text Amendment as
special City codified as Appendix "A" of The Code of the City of Fort Worth (1986), as amended, by
Council zoning amending Section 17, Non -Conforming Use Regulations; by amending Section 20, Board of
hearing regarding Adjustment by providing the Board of Adjustment the power to terminate and ammortize
the Zoning Ordinan a non -conforming uses, Zoning Docket No. Z-90-121, Mayor Bolen asked if there was anyone
Text Amendment present desiring to be heard.
Council Member Council Member Chappell made a motion, seconded by Council Member Meadows, that
Chappel re Z-90-112 the special City Council zoning hearing on Zoning Docket Nos. Z-90-112 and Z-90-121 be
and Z-90-121 be continued until the conclusion of the executive session. When the motion was put to a
continuted until vote by the Mayor, it prevailed unanimously.
the conclusion of
the executive
session
Minutes of City Council Q-3 Page 257
TUESDAY, OCTOBER 16, 1990
Mrs. Linda Austin
Mrs. Linda Austin, 4521 Cloudview, Fort Worth, appeared before the City Council
re her property
regarding her property at 1705 Alston and requested that property owners be allowed
at 1705 Alston
opportunities to place properties tagged as substandard with agencies that can
of his
rehabilitate the substandard properties and make the properties available for the
department's investigation of Mr. Rudy
homeless.
Mr. Tom Davis re
Mr. Tom Davis, Director of the City Services Department, appeared before the City
property at 1705
Council and advised the City Council that the property at 1705 Alston will be
Alston
investigated and that he will meet with Mrs. Austin.
M&C OC S-19 3 re
I There was presented Mayor and Council Communication No. OCS-193 from the Office of
Annexation of
the City Secretary stating that Mayor and Council Communication No. G-8804 was approved
117.23 acres in thl
by the City Council on September 18, 1990, approving the timetable for the contemplated
Northpass Addition
annexation of 117.23 acres in the Northpass Addition Phase II into the City of Fort
Phase II
Worth; that notice of the second public hearing was published in the Fort Worth
not with the
Star -Telegram on October 5, 1990; that the contemplated annexation is before the City
contract for services.
Council for second public hearing at this time and the property, if annexed, will be
located in Council District 2; and recommending that the City Council close the hearing
and instruct staff to initiate annexation proceedings. On motion of Council Member
Garrison, seconded by Council Member Meadows, the recommendation was adopted.
Metsin executive It was the consensus of the City Council that the City Council meet in closed or
session executive session to receive the advice of its attorney concerning the following
matters:
(a) Legal issues relating to Zoning Docket No. Z-90-106 and No. Z-90-112,
Zoning Ordinance text amendments; and
(b) Legal issues relating to proposed contract with the Fort Worth Zoo
Association for operational services at the Fort Worth Zoo (Mayor and
Council Communication No. C-12552)
As authorized by Section 2(e), Article 6252-17, V.A.C.S., the Texas Open Meeting Act.
Reconvened into The City Council reconvened into regular session with all members present, at
regular session which time the following business was transacted:
Mrs. Sandra Gould, Mrs. Sandra Gould, 2211 Windsor Place; Mr. David O'Brien, 2220 Windsor Place;
Mr. David O'Brien, Carol Vance, 2240 Winton Terrace West; David Knapp, 2200 Winton Terrace East; Anne
Carol Vance, David Smith, 6116 Ridgeway; and Peg Knapp, 2200 Winton Terrace East appeared before the City
Knapp, Anne Smith, Council and expressed opposition to the proposed contract with the Fort Worth Zoo
and Peg Knapp re Association for Operational Services at the Fort Worth Zoo as proposed in Mayor and
Zoo contract Council Communication No. C-12552.
Mr. Rudy Bechtel Mr. Rudy Bechtel, 2401 Rogers, appeared before the City Council regarding his
re Zoo contract alternative plan for parking and requested that the parking lot provisions be withdrawn
from the proposed contract with the Fort Worth Zoological Association.
Mr. Doug Harmon Mr. Doug Harmon, representing the Fort Worth Convention and Visitors' Bureau,
re Zoo contract appeared before the City Council and requested that the City Council give favorable
consideration to the proposed contract with the Fort Worth Zoo Association for
Operational Services at the Fort Worth Zoo as proposed in Mayor and Council
Communication No. C-12552.
r. Gary Santerre
Mr. Gary Santerre, Director of
the Transportation and Public Works
Department,
e Zoo contract
appeared before the City Council and advised the City Council of the results
of his
the contract with the Fort Worth Zoo
department's investigation of Mr. Rudy
Bechtel's proposal for auxiliary
parking on a
Worth Zoo, as follows:
street adjacent to the Forest Park Zoo
area.
ouncil Member
Council Member Zapata advised
the City Council that the Hispanic
Chamber of
apa to re Zoo
Commerce's concern with the Fort Worth
Zoological Association contract for
Operational
ontract
Services at the Fort Worth Zoo was
on the issue of the MBE program and
not with the
contract for services.
r. William Wood
Mr. William Wood, Deputy City
Attorney,
appeared before the City Council and
e Zoo contract
advised the City Council of proposed
changes to
the contract with the Fort Worth Zoo
roposed changes
Association for Operational Services
at the Fort
Worth Zoo, as follows:
1. Add language to the last sentence of the first paragraph of
Section 3.05, so that the last sentence in the first paragraph of
Section 3.05 will read as follows: "In addition, no exhibits shall be
constructed by the Zoo Association after the effective date unless and
until the type and location of such exhibit is first approved by the
City Council and the Zoo Association has provided documentation, subject
to the satisfaction of the City Manager, that the Zoo Association has
available sufficient funds to assure the completion of the proposed
exhibit."
2. Following the first sentence in the second paragraph of Section 3.01,
add the following sentence: "However, the Zoo Association shall not
apply for said permits necessary for the sale of alcoholic beverages
without prior approval of the Fort Worth City Council."
Minutes of City Council Q-3 Page 258
259
f TUESDAY, OCTOBER 16, 1990
Mr. wiliiam blood 3. After the first sentence in Section 3.16, add "No exhibit may be closed
cont. re Zoo to or discontinued from public view for more than one month without
contract proposed prior City Council approval."
changes
4. Add new Section 3.17 entitled "Minority And Women Business Enterprise
Commitment" to read, as follows: It is the policy of the City of Fort
Worth to involve minority and women business enterprises (M/WBEs) in all
phases of its procurement practices and to provide them an equal
opportunity to compete for contracts for construction, provision of
professional services, purchase of equipment and supplies and provision
of other services required by the City. Therefore, the Fort Worth
Zoological Association will use its best efforts to insure that M/WBEs
are informed of current and future procurement activities through direct
contact with M/WBE firms, coordination with the City's Disadvantaged
Business Enterprise (DBE) Office, coordination with M/WBE community
organization and placing M/WBEs on the association's bid list.
Mayor Pro tempore Mayor Pro tempore Gilley made a motion that Section 6.01 be struck and completely
Gilley re Zoo substituted by a new Paragraph 6.01 to read, as follows: "The City agrees that during
contract new the due diligence period provided for in Paragraph 8.11 herein, the City shall cause a
Paragraph 6.01 comprehensive parking study to be performed by the Park and Recreation Advisory Board
to determine the appropriate method to provide additional parking spaces in Forest Park
to provide parking to accommodate Zoo patrons and other Forest Park users. The parking
as shown on Exhibit "C" attached hereto shall be submitted as one of the parking
solutions."
Council Members Council Member Garrison made a motion, seconded by Council Member Meadows, that
Garrison re Zoo the City Manager be instructed to execute the contract subject to the reservations that
contract he will read inclusive of all the amendments that are read into the record, not
including the one that Mayor Pro tempore Gilley just came up with on parking.
Mayor Pro tempore Mayor Pro tempore Gilley made a substitute motion, seconded by Council Member
Gilley substitute Granger, that the City Council authorize the City Manager to execute the attached
motion re contract with the Fort Worth Zoological Association with the proposed amendments to
Zoo contract Sections 3.01, 3.05, and 3.16, and with the proposed additional language of
Section 3.17 and with the revised Section 6.01, subject to the City Attorney obtaining
a declaratory judgment from a court of competent jurisdiction declaring that the
attached contract is not subject to the competitive bid procedures prescribed by
Chapter 252 of the Texas Local Government Code. When the substitute motion was put to
a vote by the Mayor, it failed to pass by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata
and Granger
NOES: Council Members Garrison, McCray, Meadows, Webber, and Chappell
ABSENT: None
Council Member Chappell made a motion, seconded by Council Member Zapata, that the
last motion be reconsidered and, when the motion was put to a vote by the Mayor, it
prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Granger, and Chappell
NOES: Council Members Garrison, McCray, Meadows, and Webber
ABSENT: None
When the substitute motion, that the City Council authorize the City Manager to
execute the attached contract with the Fort Worth Zoological Association with the
proposed amendments to Sections 3.01, 3.05, and 3.16, and with the proposed additional
language of Section 3.17 and with the revised Section 6.01, subject to the City
Attorney obtaining a declaratory judgment from a court of competent jurisdiction
declaring that the attached contract is not subject to the competitive bid procedures
prescribed by Chapter 252 of the Texas Local Government Code, was put to a vote by the
Mayor, it prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Granger, and Chappell
NOES: Council Members Garrison, McCray, Meadows, and Webber
ABSENT: None
Council Member Garrison excused himself from the Council table.
Resolution No. It appearing to the City Council that Resolution No. 1670 was adopted on
1670 re Text September 25, 1990, setting today as the date for Special City Council Zoning Hearing
Aamendment amendiM on a proposed zoning ordinance text amendment amending Section 17, Non -Conforming Use
Section 17 Non- Regulations, and amending Section 20 - Board of Adjustment by providing the Board of
Conforming Use Adjustment the power to terminate and amortize non -conforming uses, Zoning Docket
Regulations Z-90- No. Z-90-121, and a proposed zoning ordinance text amendment adding Section 18,
121 Subsection E, regulating the location of bars in "F" and "G" Commercial Districts,
requiring the termination of certain legal nonconforming uses, allowing the Zoning
Board of Adjustment to grant special exceptions for certain bars in "F" and "G"
Commercial Districts, and permitting 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
Minutes of City Council Q-3 Page 259
4
2.60
TUESDAY, OCTOBER 16, 1990
n
Resolution NO. for certain bars in "F" and "G" Commercial Districts, Zoning Docket No. Z-90-112, and
1670 re Text that said resolution was published in the Fort Worth Commercial Recorder on
Amendment cont -in- September 28, 1990, Mayor Bolen asked if there was anyone present desiring to be heard.
Section 17 Non- Council Member Chappell made a motion, seconded by Council Member Meadows, that
Conforming Uses Section 17, Legal Nonconforming Uses, Buildings and Structures, of the Comprehensive
Council Member Zoning Ordinance, being Ordinance No. 3011, as amended, codified as Appendix "A" of The
Chappell re Z-90- Code of the City of Fort Worth, Texas (1986), as amended, be amended and revised by
121 Resolution No. adding language to the proposed amendment, as follows:
1670
D. 3. Any existing one or two-family dwelling, made nonconforming by the
passage of a subsequent ordinance, may be rebuilt, altered or added
to, providing such additions or alterations meet the requirements
of the "A" One -Family District and "B" Two -Family District,
respectively.
4. Additions, alterations and extensions to buildings and structures
which are nonconforming as to yards or height only shall be
permitted without necessity of Board approval, provided that the
portions added, altered or extended shall fully comply with all
zoning regulations.
that Section 20, "Board of Adjustment", "B". Duties and Powers of Board, 4.
Nonconforming Uses - Amortization: be amended by inserting the following language
between the first and second paragraph in the proposed amendment, as follows:
"If the Board of Adjustment decides that good cause exists for termination,
the owner of the particular nonconforming use shall have the burden of
establishing the amount of his investment in the nonconforming structure"
and that Section 17 - Nonconforming Use Regulations, D. 2. Continuing Lawful Use of
Property, be amended by changing "90" days to "180" days.
Mr. Robert Snoke, Messrs. Robert Snoke, Brent Dickey, and Jack Tollett appeared before the City
Brent Kick ey, and Council and expressed opposition to the proposed amendments to the Comprehensive Zoning
Jack Tollett re Ordinance regarding nonconforming use regulations and amortization of nonconforming
Z-90-121 uses, Zoning Docket No. Z-90-121.
Ms. Gloria Stiles Ms. Gloria Stiles, representing the Greater Fort Worth Board of Realtors, Inc.,
re Z-90-121 appeared before the City Council and read correspondence into the record, as follows:
OCTOBER 16, 1990
TO: CITY COUNCIL - CITY OF FORT WORTH
FROM: GLORIA STILES, PRESIDENT
GREATER FORT WORTH BOARD OF REALTORS
The leadership of the Greater Fort Worth Board of REALTORS recently received
a copy of proposed Ordinance #3011, amending the comprehensive zoning
ordinance of the City of Fort Worth. After a brief analysis of this
proposal, it is respectfully requested that the City Council consider a
continuance of the matter and a possible re -drafting of the ordinance to more
fully define the intent and purpose. Based on the proposed language, our
organization cannot adequately ascertain the affect or impact on real estate
or private property rights.
The leadership of the Greater Fort Worth Board of REALTORS bases the request
on the following references:
Proposed Section 17 - Legal Nonconforming Uses, Buildings and Structures.
A. INTENT AND PURPOSE (1 and 2). Paragraph speaks to uses and structures
to be eventually eliminated; however, reference to uses and structures
is not used through the drafted proposal consistently.
Question left unresolved: What are benign uses? (Undefined language
can lead to arbitrary decisions.)
(3). Nonconforming uses are declared to be incompatible with the
permitted uses in the districts involved; therefore, according to
previously noted language all these nonconforming uses and structures
would be eventually eliminated.
C. NONCONFORMING STATUS:
Language in this proposed draft could perpetuate the creation of more
nonconforming uses as time goes on.
D. CONTINUING LAWFUL USE OF PROPERTY (1).
The language "may be continued" is contradictory to Section 20 B (4)
which allows for the establishment of a defined termination date.
(2). This proposed paragraph speaks to land and structure use.
Ambiguity is created when reference is made to nonconforming uses
and nonconforming structures in some paragraphs and in other
paragraphs reference is made only to nonconforming uses.
Minutes of City Council Q-3 Page 260
261
TUESDAY, OCTOBER 16, 1990
Ms. Gloria Stiles Also, in our organization's opinion, 90 days is not an adequate
re Z-90-121 cont. timeframe to examine and define discontinuance or abandonment when
dealing with tenant rollover.
D(2) is in conflict with E(1) because the use as defined in D(2)
can be eliminated after 90 days of discontinuance. In
paragraph E(1), a non -conforming use may be changed to another
nonconforming use (of a more restrictive classification). No
reference is made here that the new nonconforming use is subject to
elimination as highlighted in the statement of intent and purpose.
I. REGISTRATION OF NONCONFORMING USES:
Questions left unresolved -- (1). Is there a fee for the original
Certificate of occupancy? (2). Does a building inspector have the
ability to deny a certificate of occupancy if the owner, occupant or
operator is attempting to register within the terms of the ordinance
(eighteen month period) for a non -conforming use?
Section 3 clarifies that where the provisions of this ordinance are in direct
conflict with the provisions of other ordinances, these "other" ordinances
are hereby repealed. It is our recommendation that city staff identify and
examine where conflict could occur before blanket approval for repeal is
granted.
In the October 11, 1990 edition of the Fort Worth Star Telegram, a reporter
notes, "By its careful wording, the ordinance indirectly exempts bars in the
Fort Worth Stockyards and downtown Fort Worth". Our organization cannot find
any reference to limitations or exemptions by geographical area or property
use.
If this proposed ordinance is passed, sufficient staff may not be in place to
handle the large number of nonconforming uses that could be declared. As
written, this ordinance could affect hospitals, churches, schools and other
service centers in our city that were not properly zoned and could therefore,
be labeled "Nonconforming Uses, Buildings and Structures".
Overall, the language in the proposed ordinance is very broadly stated and
not clear. Future zoning changes could create a vehicle that may establish
additional nonconforming structures or uses and allow for the condemnation of
property and the cessation of property rights without just compensation. We
feel strongly that the public has not been adequately informed or notified
about the details of this proposed ordinance.
Thank you for your consideration of our request to postpone action on the
proposed language for at least thirty days. Our organization respectfully
volunteers to work with city staff to examine and draft language that would
more accurately reflect the true intent of the ordinance.
Council Member Council Member Granger made a motion, seconded by Council Member Webber, that the
Granger re Z-90- Special City Council Zoning Hearing on Zoning Docket No. Z-90-121, Non -conforming Uses,
121 be continued be continued for 30 days.
for 30 days
Mr. Jim Schell re Mr. Jim Schell appeared before the City Council and requested that
Z-90-121 Section 1.D.2. - Continuing Lawful Use of Property of the proposed ordinance on
non -conforming uses be amended by adding "due to tolling feature the temporary
cessation due to the leasing, releasing, or sale of the premises, that the proposed 60
percent mentioned in Section I.G. Restoration of Damaged Property remain at the present
75 percent; and that, in Section 2.B.a., consideration be given to looking at the fair
market value of the use as a factor in determining a reasonable amortization period and
that tenants as well as landowners be given consideration.
At this time, Mayor Pro tempore Gilley assumed the chair.
Mrs. Mary Jo Thoma - Mrs. Mary Jo Thomas -Kimball, Chairman of the Board of Adjustment, appeared before
Kimball re Z-90- the City Council and read into the record correspondence, as follows:
121
October 15, 1990
City Council
1000 Throckmorton
Fort Worth, Texas
Dear Mayor and Council:
During the break of our regular Zoning Board of Adjustment meeting on
Wednesday, October 3, 1990, the members present were given a copy of the
proposed zoning ordinance regarding legal nonconforming uses.
As chairman of the Board of Adjustment, I expressed my concern with various
sections of the proposed ordinance with some members of the Zoning Commission
which met on the following Wednesday, October 10. The changes which were
made by the Zoning Commission to the proposed ordinance were not available to
the Board of Adjustment until Friday morning, October 12, 1990.
As members of the Board of Adjustment, we respectfully request that the City
Council postpone any action on this amendment for at least 30 days to give
the Board of Adjustment an opportunity to meet and discuss the ramifications
of its enactment.
Minutes of City Council Q-3 Page 261
262
TUESDAY, OCTOBER 16, 1990
Our concerns include those of vague language and the extent of property which
Mrs. Mary do Thomas- may be affected particularly those properties in older neighborhoods or
Kimball re Z-90-12�1 districts which have been legal nonconforming for many years without hardship
cont. on the citizens.
/S/ Mary Jo Thomas Kimball
Mary Joe Thomas Kimball, Chairman
/S/ Tim Petrus
Tim Petrus, Place 2
/S/ Don C. Plattsmier
Don C. Plattsmier, Place 5
/S/ B.L. McCormick
Rev. B.L. McCormick,
Vice Chairman
/S/ Luther W. Ellis
Luther W. Ellis, Place 3
/S/ J. Jones
James W. Jones, First Alternate
Mrs. Thomas-Kimbal Mrs. Thomas -Kimball also relayed to the City Council notes left by Mr. Randall Schmidt,
relayed notes left an attorney with Brown, Herman, Scott, Dean and Miles, which he had proposed to make
by Mr. Randall before the City Council regarding his opposition to amortization, the non -conforming
Schmidt re Z-90- use notification procedures, the abandonment through non-use provisions, and to the due
121 process requirements, all as set forth in the proposed ordinance on non -conforming
uses.
Mr. Steve Swander Mr. Steve Swander,' 233 Willow Ridge, appeared before the City Council and advised
re Z-90-121 the City Council that, in his opinion, the proposed ordinance on non -conforming use
regulations is directed to bars; that, in his opinion, the ordinance is discriminatory
in its amortization schedule; and expressed opposition to the proposed amendment to the
Comprehensive Zoning Ordinance as covered in Zoning Docket No. Z-90-121.
Mrs. Virginia Mrs. Virginia Milsap, 1629 East Stella Street, representing the Glenwood Triangle
Milsap re Z-90-121 Neighborhood Improvement Association, appeared before the City Council regarding a
and a nightclub nightclub at 1501 East Bessie Street; expressed support for the proposed ordinance on
at 1501 East Bessie nonconforming use regulations; and requested that the fee for setting hearings be set
at a reasonable rate.
Mrs. Anne Smith re
Z-90-121
Z-90-121 be
continued for 30
days
Mrs. Anne Smith, representing the Fort Worth League of Neighborhood Associations,
appeared before the City Council and read into the record correspondence, as follows:
October 16, 1990
Fort Worth City Council Members
City of Fort Worth
1000 Throckmorton
Fort Worth, TX 76102
RE: Proposed amendments to Legal Non -Conforming Ordinance
Dear Council:
Hand -Delivered
The Executive Committee of the Fort Worth League of Neighborhood
Associations acknowledges that there is great need for the Legal
Non -Conforming Ordinance to be revised and updated. However, the Executive
Committee voted unanimously to oppose the proposed Legal Non -Conforming
Ordinance before you today.
Limiting residents who can file a complaint on any potential legal
non -conforming situation in their neighborhood to residents who live within
500 feet of said structure is unacceptable. The League of Neighborhoods
cannot support any ordinance which limits input from residents concerning
offensive situations in their own neighborhood.
The Fort Worth League
proposed ordinance be denied
revision be instructed.
Sincerely,
/S/ Sharon Casstevens
Sharon Casstevens
Chairman
of Neighborhood Associations requests that the
and further revision and a deadline for that
cc: FWLNA member neighborhoods
When the motion, that the Special City Council Zoning Hearing in connection with
Zoning Docket No. Z-90-121, Nonconforming Use Regulations, be continued for 30 days,
was put to a vote by the Mayor Pro tempore, it prevailed by the following vote:
AYES: Mayor Pro tempore Gilley; Council Members Zapata, Granger,
McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: Mayor Bolen and Council Member Garrison
Council Member Council Member Chappell made a motion, seconded by Council Member Meadows, that
Chappell re Z-90- the Special City Council Zoning Hearing regarding amendments to the Comprehensive
112 be continued Zoning Ordinance by adding provisions regulating the location of bars, Zoning Docket
for 30 days No. Z-90-112, be continued for 30 days.
Minutes of City Council Q-3 Page 262
Mr. Brent Dickey
re Z-90-112
Fir. Robert Snoke
re Z-90-112
Mr. Jack Toiiett
re Z-90-112
Z-90-112 continued
for 30 days
jAdjourned
ti63-
TUESDAY, OCTOBER 16, 1990
Mr. Brent Dickey, 3320 McLean Street, appeared before the City Council and
expressed opposition to the continuance of the Special City Council Zoning Hearing on
Zoning Docket No. Z-90-112.
Mr. Robert Snoke appeared before the City Council and expressed support for Zoning
Docket No. Z-90-112 and stated that, in his opinion, the problem is with the bars.
Mr. Jack Tollett, 1144 Clara Street, appeared before the City Council and
requested that the City Council pass Zoning Docket No. Z-90-112.
When the motion, that the Special City Council Zoning Hearing regarding amendments
to the comprehensive Zoning Ordinance by adding provisions regulating the location of
bars, Zoning Docket No. Z-90-112, be continued for 30 days, was put to a vote by the
Mayor Pro tempore, it prevailed by the following vote:
AYES:
NOES:
ABSENT:
Mayor Pro tempore Gilley; Council Members Zapata, Granger,
McCray, Meadows, Webber, and Chappell
None
Mayor Bolen and Council Member Garrison
There being no further business, the Cit
CITY SECRETARY
Minutes of City Council Q-3 Page 263