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HomeMy WebLinkAbout1990/10/23-Minutes-City Councilounci1 met nvocation ,edge of Aiiegianc� inutes of the eeting of October 6, 1990 approved rociamation - oronography Aware- ess Week ity Manager Ivory i thdrew M&C, -12572, C-12573, -12474. C-12575 an -12576 Nominated Robert Oney on Private Irdustry Councii ayor Pro tempore ii'6ey announced hat Mrs. E i ai ne etrus has begun evi err parking equirements for he Zoo contract CITY COUNCIL MEETING OCTOBER 23, 1990 On the 23th 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: Mayor Bob Bolen; Mayor Pro tempore Garey W. Gilley; Council Members William N. Garrison, Eugene McCray, Bill Meadows, Virginia Nell Webber, and David Chappell; City Manager David Ivory; City Attorney Wade Adkins; City Secretary Ruth Howard; Council Member Kay Granger was absent and Council Member Louis J. Zapata was absent on City business; with more than a quorum present, at which time the following business was transacted: The invocation was given by The Reverend Troy Clinesmith, Western Hills United Methodist Church. The Pledge of Allegiance was recited. On motion of Mayor Pro tempore Gilley, seconded by Council Member McCray, the minutes of the meeting of October 16, 1990, were approved. A proclamation for Pornography Awareness Week was presented to Ms. Debbie Dena, President, Tarrant County American Family Association. City Manager Ivory withdrew from the agenda Mayor and Council Communication No. C-12572, Lease Renewal Pegasus Flight Center, Inc., Fort Worth Meacham Airport; Mayor and Council Communication No. C-12573, Lease Renewal Pegasus Flight Center, Inc.; Mayor and Council Communication No. C-12574, Lease Renewal Phoenix Composite Squadron of the Civil Air Patrol Fort Worth Meacham Airport; Mayor and Council Communication No. C-12575, Lease Renewal Andrew and Peggy Pena d/b/a Contract Aircraft Painting Fort Worth Meacham Airport; and Mayor and Council Communication No. C-12576, Cancellation of Old Lease and Entry into New Lease Fort Worth Burlington Credit Union Fort Worth Meacham Airport. Mayor Bolen nominated Mr. Robert Oney for membership on the Private Industry Council and made a motion, seconded by Mayor Pro tempore Gilley, that Mr. Oney be reappointed to Seat 8 on the Private Industry Council for a term of office expiring October 1, 1992, as the representative of the White Settlement Area Chamber of Commerce. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mayor Pro tempore Gilley announced that Mrs. Elaine Petrus, Chairman of the Park and Recreation Advisory Board, has begun the review of the parking requirements for the Zoo contract and those persons interested in following the development of the parking requirements for the Zoo contract should contact the Park and Recreation Department for a schedule of meetings. Minutes of City Council Q-3 Page 263 TUESDAY, OCTOBER 23, 1990 Consent agenda On motion of Mayor Pro tempore Gilley, seconded by Council Member McCray, the approved consent agenda, as amended, was approved. Introduced Council Member Webber introduced a resolution and made a motion that it be adopted. Resolution The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, McCray, Meadows, Webber, and Chappell NOES: None ABSENT: Council Members Zapata and Granger The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1681 1681 ESTABLISHING A STATEMENT OF POSITION ON THE TEXAS MUNICIPAL LEAGUE RESOLUTIONS WHEREAS, prior to each legislative session, the Texas Municipal League (TML) adopts a list of legislative policy resolutions that serve as a basis for the TML legislative program which is organized on behalf of the cities of Texas; and WHEREAS, the Texas Municipal League compiled and issued to member cities on October 1, 1990, a booklet of fifty-eight resolutions submitted to the League by TML committees and member cities containing legislative issues of concern that are now under consideration by the TML Resolutions Committee for adoption by TML; and WHEREAS, the TML Resolutions Committee is comprised of city officials from throughout Texas and will meet on October 24, 1990 to consider the resolutions issued by the League; and WHEREAS, the representatives on the TML Resolutions Committee from the City of Fort Worth are Councilmember Virginia Nell Webber and Assistant City Manager Bob Terrell; and WHEREAS, the City staff and the City Council have reviewed the fifty-eight resolutions under consideration by the Texas Municipal League's Resolutions Committee and the City Council has developed herein a statement of position on each resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: that the Fort Worth City Council offers the following statement of position on the fifty-eight resolutions under consideration for adoption by the Texas Municipal League and asks that Councilmember Virginia Nell Webber and Assistant City Manager Bob Terrell deliver the City of Fort Worth's position on each TML resolution to the Texas Municipal League's Resolutions Committee. The City of Fort Worth offers no position on the following TML resolutions: No. 21 City Elections and Changes in Boundaries No. 23 Raising Automatic Exemption Age for Jury Duty No. 40 Windstorm Damage Insurance The City of Fort Worth opposes the following TML resolutions: No. 5 Redemption periods No. 48 Solid Waste and Texas Department of Health The City of Fort Worth supports the following TML resolutions: No. 1 Appreciation/Annual Conference No. 2 Adopting Report of Policy Cmte. on Community/Econ. Dev. No. 3 General Law City Annexation No. 4 Redemption Periods No. 6 Registration of Property Deeds No. 7 Transfer of Property Ownership through District Court No. 8 Texas Racing Act, State Take Out Fee No. 9 Texas Racing Act, Pari-Mutuel Wagering Proceeds No. 10 Adopting Report of Policy Cmte. on Finance Administration No. 11 Appraisal of Open -Space Land No. 12 Appraisal of Agricultural Land No. 13 Competitive Bidding No. 14 Competitive Bidding/Bid Openings No. 15 City Employee/Official Exemption from Hotel/Motel Tax No. 16 Surety Bonds for Hotel/Motel Tax No. 17 Sharing of County Road and Bridge Fees No. 18 Taxable Non -Income Producing Personal Property Minutes of City Council Q-3 Page 264 A ., TUESDAY, OCTOBER 23, 1990 Resolution No. No. 19 Freeport Tax Exemption -Phase-in Provision 1681 cont. No. 20 Absentee Voting No. 22 Award of Contracts Prior to Bond Proceeds No. 24 Sales Tax on Mail Order Goods No. 25 Sales Tax on Municipal Garbage Collection No. 26 Exemption of Gasoline Tax on Public Vehicles No. 27 Local Option Fuel Tax No. 28 Central Appraisal Districts No. 29 Adopting Report of Policy Committee on Personnel No. 30 Supporting Policy Committee/Labor Relations Task Force No. 31 Supporting Amendments to Chapter 143 No. 32 Supporting Affirmative Action Under State Civil Service Law No. 33 Public Official Liability No. 34 Unemployment Compensation Charge -Back to Cities No. 35 Adopting Report of Policy Committee on Public Safety No. 36 Vicious Dogs, Penalties No. 37 State Board of Insurance Rules No. 38 Vehicle Identification Numbers No. 39 Armor -Piercing Ammunition No. 41 Bar Codes on Drivers' Licenses No. 42 Notification - Vacant Structures and Abandoned Vehicles No. 43 Assaults on Uniformed Code Enforcement Employees No. 44 Financial Responsibility/Motor Vehicle Registration No. 45 Juvenile Criminal Records No. 46 Zip Guns as a Prohibited Weapon No. 47 Adopting Report of Policy Cmte. on Utilities/Environment No. 49 Recycled Newsprint No. 50 Relating to Municipal Landfills No. 51 Solid Waste/Landfills No. 52 Relating to Recycling No. 53 Opposition to Texas Water Commission $6 Per Capita Charge No. 54 Opposition to Texas Water Development Board Proposed Fees No. 55 Opposition to Fee Assessments by State and Federal Agencies No. 56 Water Supply Act No. 57 Flow Standards No. 58 Cable Industry Introduced Council Member Garrison introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member Webber. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, McCray, Meadows, Webber, and Chappell Resolution No. 1682 NOES: None ABSENT: Council Members Zapata and Granger The resolution, as adopted, is as follows: RESOLUTION NO. 1682 IN SUPPORT OF THE TEXAS MUNICIPAL LEAGUE PROPOSED AMENDMENTS TO LOCAL GOVERNMENT CODE CHAPTER 143 WHEREAS, Texas Local Government to as the Municipal Civil Service Act, years ago to prevent mismanagement of needed and well -intended statute; and WHEREAS, numerous amendments Legislature since 1947 have eroded effectively and responsibly manage the Municipal Civil Service Act; and Code Chapter 143, hereinafter referred was originally enacted forty-three police and fire departments, and was a to the original law by the Texas the ability -of local governments to their police and fire departments under WHEREAS, since 1947, politics have been reinstated into police and fire operations through the large campaign contributions of police and fire union organizations made to encourage various amendments limiting the management ability of local government; and WHEREAS, the Municipal Civil Service Act should be amended to provide for hiring and promotion using means other than strictly written exams, thereby allowing municipalities to incorporate affirmative actions plans in their police and fire departments; and WHEREAS, the Municipal Civil Service Act should be amended to provide that a municipality may remove itself from the requirements of the Act using the same method that is used to adopt the Act, therefore allowing cities to remove themselves from a provision which has changed dramatically since it was originally created by the Texas Legislature; and WHEREAS, the experience of numerous cities across the State with the use of hearing examiners under the Municipal Civil Service Act has proven the hearing examiner system a failure, in that police chiefs and fire chiefs have Minutes of City Council Q-3 Page 265 TUESDAY, OCTOBER 23, 1990 Resolution No. lost management authority over their own employees, with a resulting loss in 1682 cont. the efficiency and effectiveness of public safety departments in those cities subject to the Municipal Civil Service Act; and WHEREAS, ten proposed amendments to the Municipal Civil Service Act have been developed by the Texas Municipal League Policy Committee on Personnel and the Texas Municipal League's Labor Relations Task Force that will assist the City of Fort Worth and other cities in Texas in maintaining efficient, effective, well-managed police and fire departments, resulting in better public safety for Fort Worth citizens, which is the goal of both the City and the employees of the police and fire departments; and WHEREAS, the TML Labor Relations Task Force, which is composed of elected and administrative officials from cities across the State of Texas including representatives from the City of Fort Worth, has determined that the attached ten amendments to the Municipal Civil Service Act should be adopted by the Texas Legislature to address .the needed changes in the Act including changes to the hearing examiner process, to the hiring process to allow affirmative action, and to the repeal procedures of the Muncipal Civil Service Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: that the Fort Worth City Council hereby requests and encourages the Texas Municipal League, on behalf of the City of Fort Worth and other cities subject to the Municipal Civil Service Act, to coordinate the preparation and submission to the Texas Legislature of the amendments to the Texas Local Government Code Chapter -143 as described in the attached Exhibit "A". BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: that the Fort Worth City Council hereby urges the Legislators the Tarrant County area in the Texas Legislature to support proposed amendments so that their constituents living in Fort served by the most effective and efficient public safety possible. EXHIBIT "A" PROPOSED AMENDMENTS TO LOCAL GOVERNMENT CODE CHAPTER 143 MUNICIPAL CIVIL SERVICE ACT 1. AN AMENDMENT SPECIFYING CERTAIN QUALIFICATIONS FOR HEARING EXAMINERS UNDER CHAPTER 143 Current Law representing and pass the Worth will be departments Chapter 143.057 allows a police officer or fire fighter to appeal a disciplinary action to a third party hearing examiner. The only qualification necessary under state law is that the hearing examiner be a member of either the American Arbitration Association or the Federal Mediation and Conciliation Service. Proposed Change This amendment would require that a third party hearing examiner receive special training regarding Chapter 143 or that the hearing examiner be a retired or former judge who is a member of the State Bar. Reasons for Proposed Change Several cities have experienced problems with third party hearing examiners not understanding the nature of police or fire work. Police officers and fire fighters, because of the very nature of their work, interact with citizens everyday. Therefore, when a police chief decides to indefinitely suspend a police officer because the officer has shown a history of unnecessary violence in arrest situations, violation of criminal laws, or for other reasons, the examiner often fails to understand the liability the city faces by keeping that officer on the force. In an attempt to reach a compromise between the city and an officer who has been disciplined, hearing examiners have reduced the punishment even though there is no dispute as to what the officer did. Since there is no appeal from a decision except in very limited situations, the city is often forced to return an,obviously bad officer or fire fighter to the force. 2. AN AMENDMENT REQUIRING HEARING EXAMINERS TO BASE THEIR DECISIONS ON SPECIFIC CRITERIA Minutes of City Council Q-3 Page 266 ��. TUESDAY, OCTOBER 23, 1990 Resolution No.II Current Law 1682 cont. Section 143.057(f) states that the hearing examiner has the same duties and powers as the Civil Service Commission as they relate to conducting disciplinary appeals, including the right to issue subpoenas. Section 143.057(j) provides for an appeal to district court of a hearing examiner's decision only on the grounds that the examiner's decision was without jurisdiction or exceeded it jurisdiction or if the order was procured by fraud, collusion, or other unlawful means. Proposed Change This amendment would clearly define the phrase: "the same duties and powers of the commission." The proposed amendment would state that a commission or a third party hearing examiner may uphold a suspension or dismissal of a fire fighter or police officer for a violation of a civil service rule by determining that the specific charges against the fire fighter or police officer are true. This amendment would clarify that the same "findings" standard currently required of the commission is also required of the hearing examiner. In the event the hearing examiner does not make a finding concerning the truth of the charges, that decision may be appealed. Reasons for Proposed Change The commission is required to find the truth of the specific charges against the fire fighter or police officer, and the hearing examiner has the same duties and powers as the commission. However, if a hearing examiner does not make a finding as to the truth of the charges, there is no recourse. This change would specifically state this duty of the hearing examiner and provide for an appeal if the hearing examiner fails to comply. 3. AN AMENDMENT REQUIRING THAT HEARING EXAMINERS BASE THEIR DECISIONS ON A PREPONDERANCE OF THE EVIDENCE, NOT ON CLEAR AND CONVINCING EVIDENCE Current Law Section 143.057(j) provides for an appeal to district court of a hearing examiner's decision only if the decision was without jurisdiction, exceeded jurisdiction or if the order was procured by fraud, collusion, or other unlawful means. Current law does not provide a standard of proof that must be met by the city in an appeal of a disciplinary decision to a hearing examiner. Proposed Change This amendment would specifically state that the decision of a hearing examiner must be based upon a preponderance of the evidence and that failure to do so would be grounds for appeal of that decision to district court. Reasons for Proposed Change Although the standard of proof in civil cases in Texas is a preponderance of the evidence, some hearing examiners have required the city to produce "clear and convincing" evidence to justify the disciplinary decision. This amendment would clarify the burden which is required and would allow an appeal in the event that this standard is not utilized by the hearing examiner. 4. AN AMENDMENT PROVIDING THAT AN APPEAL TO A HEARING EXAMINER IS LIMITED TO CASES OF DEMOTION, INDEFINITE SUSPENSION, OR DISCIPLINARY ACTIONS OF TEN DAYS OR MORE Current I_aw Section 143.057(a) requires that the city's letter of disciplinary action issued to a fire fighter or police officer state that in an appeal of an indefinite suspension, a suspension, promotional Passover or a recommended demotion, the appealing fire fighter or police officer may elect to appeal to an independent third party hearing examiner instead of the civil service commission. Therefore, the fire fighter or police officer is given the choice of going before the commission or before the hearing examiner since both have the same jurisdiction in appeals. Minutes of City Council Q-3 Page 267 Resolution No. 1682 cont. TUESDAY, OCTOBER 23, 1990 Proposed Change This amendment would allow the fire appealing to a hearing examiner only in a recommended demotion, or a suspension fighter or police officer the choice of the case of an indefinite suspension, of ten days or more. Reasons for Proposed Change The cities under civil service have had five years of experience with appeals to hearing examiners. A two-day hearing often costs $1,500 or more, not including the hearing examiner's travel expenses. This seems particularly expensive when the appeal involves a one -day suspension. An appeal of a one -day suspension to the civil service commission costs virtually nothing. This amendment would allow an appeal to a hearing examiner in the most serious of disciplinary actions -- an indefinite suspension, a recommended demotion, or a suspension of ten days or more. This amendment does not dilute an officer's right to a due process proceeding, since the promotional passover or suspension of less than 10 days is always appealable to the civil service commission. 5. AN AMENDMENT PROVIDING THAT A HEARING EXAMINER SHALL UPHOLD THE DISCIPLINARY DECISION OF THE CHIEF IF THE HEARING EXAMINER MAKES A FINDING OF THE TRUTH OF THE SPECIFIC CHARGES AGAINST THE FIRE FIGHTER OR POLICE OFFICER Current Law The hearing examiner has the ability to alter the disciplinary action imposed by the chief even if the hearing examiner has made a determination that the city's charges against an officer are true. Proposed Change This amendment would clarify any confusion regarding the determination that must be made by a hearing examiner. The hearing examiner must make a finding of the truth of the specific charges. This amendment would also provide that once the hearing examiner has made a finding of the truth of the specific charges against the fire fighter or police officer, the disciplinary action recommended by the chief shall be imposed. Reasons for Proaosed Chanqe In the past, hearing examiners have been confused as to the finding that must be made at an appeal hearing and the level of proof that is required of the city in defending its disciplinary recommendation. The amendment would clarify the findings that must be made by the examiner. Additionally, hearing examiners, in an attempt to reach a compromise between the chief and the disciplined uniformed officer, will: (1) find that the charges are true, but (2) determine that the disciplinary recommendation is too harsh and reduce it. 6. AN AMENDMENT REQUIRING THAT A HEARING EXAMINER FOLLOW THE PROCEDURAL RULES USED BY THE CIVIL SERVICE COMMISSION AND ALLOWING THE CITY TO APPEAL A HEARING EXAMINER'S DECISION FOR FAILURE TO FOLLOW THE RULES Current Law Section 143.008 requires that the commission adopt rules necessary for the proper conduct of commission business. There is no appeal of a hearing examiner's decision to district court by the city except in very limited situations. Proposed Change This amendment would require that a third party hearing examiner follow the procedural rules set by the city's civil service commission. It would also allow for an appeal of the hearing examiner's decision if the examiner failed to follow the commission's procedural rules. Reasons for Proposed Change Civil service commissions often adopt detailed rules regarding procedures that must be followed during an appeal hearing. In the absence of a specific rule, commissions often require in their rules that the rules of civil procedure shall be followed. Hearing examiners have often held hearings in which neither the commission rules nor the rules of civil procedure were followed. Under current law, the city cannot appeal the hearing examiner's decision for failure to follow the commission's rules of procedure. Minutes of City Council Q-3 Page 268 '69 TUESDAY, OCTOBER 23, 1990 Resolution No. This amendment would clarify the procedural rules that the hearing examiner 1682 cont. must follow and would allow the city to appeal a hearing examiner's decision to district court for failure to follow those rules. 7. AN AMENDMENT PROVIDING THAT A DEMOTION IS EFFECTIVE IMMEDIATELY, SUBJECT TO AN APPEAL Currant I aw Under Sec. 143.054, the chief of the fire or police department may recommend in writing to the civil service commission that an officer be involuntarily demoted. The chief must include reasons for the recommended demotion and request that the commission order the demotion. If the commission believes that good cause exists for ordering the demotion, the commission shall give the fire fighter or police officer notice to appear before the commission for a public hearing. The commission must give the police officer or fire fighter ten days notice before the hearing. Proposed Change This amendment would provide that when the chief recommends a demotion for a police officer or fire fighter, the demotion would take effect immediately, subject to the appeal. Reasons for Proposed Change Currently, if the chief recommends a demotion, the decision must await a review and possible appeal to the commission or a third party hearing examiner. The only time requirement in the statute is one which requires that the commission give notice to the affected police officer or fire fighter. If the officer has been suspended, the commission must hold a hearing and render a decision in writing within 30 days after the date it received notice of appeal. Often, attorneys representing the employee in a demotion appeal will delay any hearing on the matter, effectively blocking the attempted demotion of the officer. There seems to be no logic for the difference between a suspension (which has immediate effect) and a demotion (which has effect only after an appeal). 8. AN AMENDMENT ALLOWING AFFIRMATIVE ACTION PLANS TO BE IMPLEMENTED IN POLICE AND FIRE DEPARTMENTS Current Law Under Section 143.026, when a vacancy occurs in a beginning position in a fire or police department, the civil service director certifies to the city's chief executive officer the names of the three persons having the highest grades on the eligibility list. The chief executive officer then appoints the person with the highest grade unless there is a valid reason that the person having the second or third highest grade should be appointed. Proposed Change Under this amendment, an additional name from the eligibility list may be added to the list submitted to the chief executive officer to fill a vacancy in a beginning position. This additional name is allowed if the city council has adopted an affirmative action plan that has been approved by the civil service commission. The additional candidate from the eligibility list must meet all the other qualifications and criteria necessary to fill a beginning position. Currently, the chief executive officer can appoint the person with the highest grade unless there is a good and sufficient reason that one of the other persons named should be appointed. Under the proposed amendment, the implementation of an affirmative action plan would be a "good and sufficient" reason to appoint someone other than the first person on the list. Reasons for Proposed Change City councils are currently being sued for implementation of affirmative action plans in their police and fire departments. Local city councils should be able to consider implementation of affirmative action plans in hiring of police and fire personnel to avoid court-ordered sanctions or comply with appropriate consent decrees. This provision would also allow local authorities to consider what is best for their community in balancing the make-up of police/fire departments in lieu of having the courts make those determinations. The unions contend this is a violation of the Civil Service Act because there is no provision that allows for these appointments. City councils should be allowed to hire minorities and women when they have adopted an affirmative action plan. Minutes of City Council Q-3 Page 269 Zt0 TUESDAY, OCTOBER 23, 1990 Resolution No. 1682 cont. 9' AN AMENDMENT CONFORMING REPEAL PROCEDURES WITH ADOPTION PROCEDURES Current Law Law To Adopt Civil Service A city may adopt civil service under Section 143.004(b) if the city council receives a petition requesting an election signed by 10 percent of the number of voters who voted in the most recent municipal election. The resulting election is decided by a majority of those voting. Law To Repeal Civil Service If the voters wish to repeal civil service, the petition must be signed by 10 percent of all the qualified voters in the city. In order for the repeal effort to succeed, a majority of all qualified voters in the city must vote for the repeal. Proposed Change This amendment would allow voters to petition for repeal of civil services with the same number of signatures with which the voters can petition to adopt civil service. The amendment would also provide that the election for repeal shall be decided by a majority of those voting. Reasons for Proposed Change Since the Civil Service Act was enacted by the Legislature in 1947, nearly 70 cities have adopted the civil service statute by election. Since that time, the civil service statute has been amended numerous times to include many more provisions than had been originally approved by the voters. What was initially adopted by cities as the Civil Service Act is not what cities are living with today. Therefore, voters should be able to petition and vote to repeal the city's adoption of civil service if the system no longer meets the needs or the expectations of the citizens in the community. 10. AN AMENDMENT PROVIDING FOR ALTERNATIVE TESTING PROCEDURES FOR FIRE DEPARTMENTS Current Law Under Section 143.035, upon the recommendation of the chief of the police department, and after a majority vote of the sworn police officers in the department, the commission may adopt an alternate promotional system to select persons to occupy non -entry level positions other than positions that are filled by appointment by the department head. Proposed Change Allow the same alternative testing procedures for fire departments. Reason for Proposed Change Currently, only police departments may choose alternative testing procedures. If the same safeguards (a recommendation by the chief and a majority vote of the fire department) are adopted for fire departments, the commission should be allowed to adopt an alternative promotional system to promote persons to non -entry level positions. There is no good reason that a police department is allowed to exercise this option and a fire department is not. OCS-194 re There was presented Mayor and Council Communication No. OCS-194 from the Office of Resolution be the City Secretary recommending that a resolution be adopted setting a regular City adopted setting Council zoning hearing for November 13, 1990. On motion of Mayor Pro tempore Gilley, a zoning hearing seconded by Council Member McCray, the recommendation was adopted. for November 13, 1990 Mayor Pro tempore Gilley introduced a resolution and made a motion that it be Introduced adopted. The motion was seconded by Council Member McCray. The motion, carrying with Resolution it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, McCray, Meadows, Webber, and Chappell NOES: None ABSENT: Council Members Zapata and Granger The resolution, as adopted, is as follows: Minutes of City Council Q-3 Page 270 2'"71 TUESDAY, OCTOBER 23, 1990 Resolution No. RESOLUTION NO. 1680 1680 A RESOLUTION PROVIDING FOR A PUBLIC HEARING TO BE HELD IN THE CITY COUNCIL CHAMBERS AT THE MUNICIPAL BUILDING IN THE CITY OF FORT WORTH, TEXAS, ON NOVEMBER 13, 1990 AT 10:00 A.M., FOR THE PURPOSE OF CONSIDERING THE PROPOSED CHANGES AND AMENDMENTS TO ORDINANCE NO. 3011, AS AMENDED, WHICH IS THE COMPREHENSIVE ZONING ORDINANCE OF SAID CITY, AND PROVIDING THAT SAID HEARING MAY CONTINUE FROM DAY TO DAY UNTIL EVERY INTERESTED PARTY AND CITIZEN HAS HAD A FULL OPPORTUNITY TO BE HEARD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That at 10:00 O'clock A.M., Tuesday, November 13, 1990 the City Council of the City of Fort Worth, which is the legislative body of said City, will hold a public hearing in the Council Chambers at the Municipal Building for the purpose of considering changes and amendments to Ordinance No. 3011, as amended, the Comprehensive Zoning Ordinance of said City. The purpose of said hearing is to determine whether or not said Ordinance No. 3011, as amended, should be amended so that the zoning classification of the following areas shall be changed as hereinafter described. Z-90-113 West 1/2 of Lot B and Lot C, Erie Hill Addition (5809 East Lancaster Avenue) Recommended from "E" Commercial to "F -R" Restricted Commercial. Z-90-115 Lots 8-14, Block 56, Rosen Heights Addition, First Filing (2800-2812 Prairie Avenue) Recommended from "E" and "F" Commercial to "I" Light Industrial. Z-90-116 Being a tract of land situated in the G.W. Crouch Survey, Abstract No. 278, Tarrant County, Texas and being a portion of that tract as described by deed to Sinclair Pipeline Company as recorded in Volume 2276, Page 552 and all of that tract as described by deed to Sinclair Pipeline Company as recorded in Volume 3531, Page 430, D.R.T.C.T. and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found at the intersection of the northerly right-of-way line of Chicago Rock Island and Gulf Railroad (100 feet wide) with the westerly right-of-way line of State Highway No. 157; THENCE South 74°57'54" West, 914.90 feet along the northerly line of said Chicago Rock Island and Gulf Railroad right-of-way; THENCE South 80°57'06" West, 306.53 feet to the beginning of a non -tangent curve to the right; THENCE 571.00 feet along the arc of said non -tangent curve to the right through a central angle of 97°52'32", a radius of 334.26 feet and a long chord of North 48036'15" West, 504.06 feet to a point 50 feet east of the westerly property line of the aforementioned Sinclair Pipeline Company tract (Volume 2276, Page 552); THENCE North 00020'01" East, 1495.50 feet, parallel to said westerly property line to the northerly line of said Sinclair Pipeline Company tract, said point being the southwest corner of the aforementioned Sinclair Pipeline Company tract (Volume 3531, Page 430); THENCE North 00°40'03" East, 232.20 feet to the northwest corner of said Sinclair tract; THENCE South 89017'48" East, 723.90 feet to the northeast corner of said Sinclair tract; THENCE South 00°42'12" West, 236.56 feet to a point in the northerly line of Sinclair tract (Volume 2276, Page 552); THENCE South 88°57'05" East, 847.63 feet along the northerly line of said Sinclair tract (Volume 2276, Page 552) to a point in the westerly right-of-way line of State Highway No. 157; THENCE South 00°35'00" West, 1514.57 feet along said westerly right-of-way line to the POINT OF BEGINNING and containing 65.106 acres of land, more or less. (Northwest corner of Highway 157 and C.R.I. & G.R.R.) Recommended from "AG" Agricultural to "K" Heavy Industrial. Minutes of City Council Q-3 Page 271 TUESDAY, OCTOBER 23, 1990 Resolution No. Z-90-117 Being a tract of land situated in the Thomas Walden Survey, 1680 cont. Abstract Number 1921, and being a portion of that certain 32.648 acre tract of land described in a deed to Sunbelt Savings Association as recorded in Volume 9028, Page 784, D.R.T.C.T. and being more particularly described by metes and bounds as follows: BEGINNING at the point where the south line of said Sunbelt Savings tract intersects the easterly right-of-way line of Interstate Highway 35 West for the beginning of a non -tangent curve to the right; THENCE 485.64 feet with the arc of said non -tangent curve to the right and said easterly right-of-way line, through a central angle of 05000'36", with a radius of 5553.87 feet and a long chord which bears North 08010'51" East, 485.48 feet; THENCE North 10°41'09" East, 1058.42 feet with a said easterly right-of-way line; THENCE North 14016'10" East 400.73 feet with said westerly right-of-way line; THENCE North 10041'10" East, 239.98 feet with said westerly right-of-way line to the westerly northwest corner of said Sunbelt Savings Association tract; THENCE South 84050'25" East, 304.95 feet with a northerly line of said Sunbelt Savings Association tract; THENCE North 00004'09" East, 180.94 feet with a west line of said Sunbelt Savings Association tract to a point in the south line of Keller -Haslet Road; THENCE South 89049'56" East, 132.43 feet with said south right-of-way line to a point in the east line of said Thomas Walden Survey; THENCE South 00003'10" West, 1217.19 feet with said survey line to a point in the existing City Limits line of the City of Fort Worth, Texas; THENCE South 10041'09" West, 733.41 feet with said City of Fort Worth City Limits line to the beginning of a curve to the left; THENCE 360.94 feet with the arc of said curve to the left and said City of Fort Worth City Limits line, through a central angle of 04013'02", with a radius of 4903.83 feet, and a long chord which bears South 08034'38" West, 360.86 feet to a point in the south line of said Sunbelt Savings Association tract; THENCE South 89043'16" West, 654.04 feet with the southerly line of said Sunbelt Savings Association tract to the POINT OF BEGINNING and containing 30.1843 acres of land, more or less. (Southeast corner of I.H. 35W and Keller-Haslett Road) Recommended from "AG" Agricultural to "G" Commercial. Z-90-119 Lots A & B and 10-13, Block 3, Tipton Place of West Highland Addition (908 Dorothy Lane) Recommended from "B" Two -Family to "B/HC" Two-Family/Historic and Cultural Subdistrict. Z-90-120 Block 1, Tipton Place of West Highland Addition (3801 West Seventh Street) Recommended from "B" Two -Family and "C" Multi -Family to "B/HC" Two-Family/Historic and Cultural Subdistrict and "C/HC" Multi-Family/Historic and Cultural Subdistrict. That the proposed amendments and changes at this hearing will be considered in accordance with the provisions of Chapter 211 of the Texas Local Government Code. BE IT FURTHER RESOLVED that this Resolution, when published in the official newspaper of the City of Fort Worth, which is a paper of general circulation, one (1) time, shall constitute a notice of hearing, which publication shall be made at least fifteen (15) days prior to such hearing, and all interested parties are urgently requested to be in the Council Chambers at the Municipal Building at the time hereinabove set forth to make any protest or suggestion Minutes of City Council Q-3 Page 272 fir{„ TUESDAY, OCTOBER 23, 1990 esolution No. that may occur to them, and this hearing may continue from day to day until 680 cont. every interested party and citizen has had a full opportunity to be heard. CS -195 re There was presented Mayor and Council Communication No. OCS-195 from the Office of iabiiity Bonds the City Secretary recommending that the City Council authorize the acceptance of liability bonds, as follows: PARKWAY CONTRACTOR'S BONDS INSURANCE COMPANY Nelson Buckley It was the consensus of the City Nelson Buckley Construction Company Lawyers Surety Corporation Louis Tate Cement the City Secretary recommending Louis Tate Cement Contractor Western Surety Company Kel iy's Concrete 1. Claimant: Kelly's Concrete Service Gulf Insurance The Estate of Anastatia Johns Otho Nichols Date Received: Otho Nichols Lawyer's Surety Corporation B.C. I . , Inc. Attorney: B.C.I., Inc. Lawyer's Surety Corporation Sizelove Constructs n Sizelove Construction Company, Inc. American States Insurance Company OCS-195 adopted It was the consensus of the City Council that the recommendation be adopted. OC S-19 6 re There was presented Mayor and Council Communication No. OCS-196 from the Office of Claims the City Secretary recommending that notices of claims for alleged damages and/or injuries be referred to the Risk Management Department, as follows: Robbie and Arshseal 1. Claimant: Robbie and Arshieal Johns, Barbara Moore, and Johns, Barbara The Estate of Anastatia Johns Moore and The Estat Date Received: October 11, 1990 of Anastatia Johns Date of Incident: April 13, 1990 Attorney: Carl Quinsenberry Location of Incident: 2700 Block of East Interstate 820 @ Craig Exit Estimate of Damages/ Injuries: $11,012,000.00 Nature of Incident: Alleges wrongful death of Anastatia Johns cause by guardrail allegedly negligently designed, installed, and/or maintained by City. Gary Odom 2. Claimant: Gary Odom Date Received: October 11, 1990 Date of Incident: Undeclared Location of Incident: 1500 Eagle Drive Estimate of Damages/ Injuries: $976.32 Nature of Incident: Alleges property damages as the result of sewer backup Randy Lee Pri bb i e 3. Claimant: Randy Lee Pribble Date Received: October 11, 1990 Date of Incident: October 4, 1990 Location of Incident: I-30 & Riverside Drive Estimate of Damages/ . Injuries: $218.85 - $235.06 Nature of Incident: Alleges damages to his automobile as the result of object falling from City -owned vehicle (dump truck). Billy R. Delp, III 4. Claimant: Billy R. Delp, III Date Received: October 12, 1990 Date of Incident: September 27, 1990 Location of Incident: 1200 N. Commerce Estimate of Damages/ Injuries: $416.67 - $468.92 Nature of Incident: Alleges damages to his automobile as the result of running over a water meter cover. State Farm Mutua i 5. Claimant: State Farm Mutual Insurance Company - Chris Insurance Company - Suggs Chris Suggs Date Received: October 12, 1990 Date of Incident: December 3, 1989 (Date of Recovery) Location of Incident: Fort Worth Auto Pound Estimate of Damages/ Injuries: Proceeds from Sale Nature of Incident: Alleges loss of vehicle sold through Fort Worth Auto Pound. Maria Martinez 6. Claimant: Maria Martinez Date Received: October 15, 1990 Date of Incident: September 5, 1990 Location of Incident: Lancaster & Collier Estimate of Damages/ Injuries: $903.96 - $959.68 Nature of Incident: Alleges damages to her vehicle as the result of road conditions. Richard B. Guzman 7. Claimant: Richard B. Guzman Date Received: October 16, 1990 Minutes of City Council Q-3 Page 273 2711 - TUESDAY, OCTOBER 23, 1990 Richard B. Guzman Date of Incident: August 15, 1990 cont. Location of Incident: I-35 North & I-30 (Mixmaster & Projects) Estimate of Damages/ Injuries: $629.36 - $667.27 Nature of Incident: Alleges damages to his vehicle after being towed on orders of Police Department. Dennis Lynn Farrar8. Claimant: Dennis Lynn Farrar Date Received: October 16, 1990 Date of Incident: September 22, 1990 Location of Incident: 1721 Dorchester Estimate of Damages/ Injuries: $770.30 - $857.29 Nature of Incident: Alleges damages to his vehicle as result of vehicular accident involving a trash truck. Susan Disney 9. Claimant: Susan Disney Date Received: October 16, 1990 Date of Incident: September 17, 1990 Attorney: Michael Testa Location of Incident: 5800 Camp Bowie Blvd. Estimate of Damages/ Injuries: Undeclared Nature of Incident: Alleges injuries as the result of an accident involving a City -owned vehicle (City Waste truck). Ryder Truck Rental, 10. Claimant: Ryder Truck Rental, Inc. Inc. Date Received: October 16, 1990 Date of Incident: July 29, 1989 Attorney: E. Thomas Bishop Location of Incident: 1900 Block of LBJ Freeway, Dallas County, Texas Estimate of Damages/ Injuries: Undeclared Nature of Incident: Alleges damages as the result of a traffic accident. Maryland Casualty 11. Claimant: Maryland Casualty Company (Patraick R. Hyer) Company ( Patrick Date Received: October 17, 1990 R. Hyer) Date of Incident: January 16, 1990 Location of Incident: 4357 Westdale Drive Estimate of Damages/ Injuries: $4,687.47 Nature of Incident: Alleges damages to property as the result of sewage backup. OCS-196 adopted It was the consensus of the City Council that the recommendation be adopted. M&C G-8865 re There was presented Mayor and Council Communication No. G-8865 from the City Texas Property Tax Manager stating that the Texas Property Tax Code requires that a tax payer must request Code a refund for tax overpayment within three years of that payment; that Section 31.11 of the Property Tax further requires approval by the governing body before refunding overpayment or erroneous payments in instances where the refund exceeds $500.00; that the Revenue Collection Division of the Finance Department has verified erroneous or overpayments were made and recommends refunds to be made from General Fund GG01, Account No. 159021, Center No. 0000000; and recommending that the City Council approve refund of tax overpayments, as follows: ACCOUNT NO. LEGAL DESCRIPTION NAME AMOUNT 0307-40-72 Lot 9 Blk 30 G. E. Capital Corp $ 924.72 1989 Taxes Sylvan Heights Add (Ft W) (City & School) Taxes Paid Twice 0495-47-77 Lot 16A Blk 18 Banc Plus Mtg. Corp. $2,139.33 1989 Taxes Highland Homes Add (City & School) Taxes Paid Twice $3,064.05 Account Totals ($3,064.05) M&C G-8865 adoptee It was the consensus of the City Council that the recommendation be adopted. M&C G-8866 re Water main re- placement in Fair view Street from Hollis Street to Selk Avenue work order with AR3-3 M&C G-8867 re Sam and Linda Knight filed claims for person injury There was presented Mayor and Council Communication No. G-8866 from the City Manager recommending that a work authorization be authorized in accordance with AR3-3 for the water main replacement in Fairview Street from Hollis Street to Selk Avenue for a total estimated project cost of $49,904.11, with funds available in Water and Sewer Operating Fund PE45, Center No. 0607004, Account No. 541600. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. G-8867 from the City Manager stating that Sam and Linda Knight filed claims for personal injury allegedly received on April 18, 1990, at Alta Mere and Highway 80 when Mrs. Knight was involved Minutes of City Council Q-3 Page 274 1275 27 r J TUESDAY, OCTOBER 23, 1990 &C G-8867 re Sam; in a collision with a City vehicle; that, while admitting no liability in this matter, nd .Linda Knight fled claims for the Risk Management Department has negotiated with Mr. and Mrs. Knight and has agreed onai injury to a settlement of $5,000.00, subject to City Council approval; stating that funds are ers eravailable in Fund FE71, Center No. 0157110, Account No. 534030; and recommending that the City Council approve settlement of all claims filed by Sam and Linda Knight and authorize the expenditure of $5,000.00 for the settlement agreed to by Mr. and Mrs. Knight and the City of Fort Worth. It was the consensus of the City Council that the recommendations be adopted. M&C G-8868 re There was presented Mayor and Council Communication No. G-8868 from the City Lawsuite styled Manager stating that the lawsuit styled Robert E. Price, Jr., and Beatrice S. Price Robert E. Price, Jr versus the City of Fort Worth, Cause No. 96-104574-87, arises out of an August 11, and Beatrice S. 1986, incident alleged to have occurred in the 200 Block of Northeast 22nd Street; that Price the it is contended, while Robert E. Price was driving his tractor -trailer rig at the versus City of Fort Worth the wheel of his vehicle dropped into a hole in the road which was allegedly three feet deep and further contended that, as a result of the associated allegedly jolt, Mr. Price suffered a compression fracture of the L-1 lumbar vertebra; that the Home Insurance Company, workers' compensation carrier for Mr. Price's employer at the time of the incident, has intervened in the lawsuit to pursue its subrogation interest based on workers' compensation benefits paid in connection with Mr. Price's alleged injury; that the proposed settlement amount is $45,000.00 together with payment of the above-mentioned taxable costs of court; that the settlement will resolve all claims against the City by the Prices and the Home Insurance Company; that this settlement is proposed for the purpose of avoiding the uncertainties of litigation and will not involve an admission of liability by the City; stating that funds are available in Fund FE71, Center No. 0157120, Account No. 534050; and recommending that City Council approve the settlement of the reference lawsuit and authorize payment of $45,000.00, either as a lump sum or in split payments, in satisfaction of all claims against the City of Fort Worth, and that the City Council authorize payment of the Plaintiffs' and the City's taxable cost 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. There was presented Mayor and Council Communication No. G-8869 from the City &C G-885 9 r e Manager stating that services of the City's financial advisor, First Southwest Company, ivy's financial were required to assist in structuring a financing package to enable the City to dvis ory, First compete in the location of the American Airlines Maintenance Facility and advising the outhwest Company City on the authorization, sale, and delivery of $350,000,000.00 bonds issued by Alliance Airport Authority, Inc., to finance the first phase of constructing the Maintenance Facility; and recommending that the City Council: 1. Adopt a supplemental appropriations ordinance increasing the 1989-90 appropriation in the General Fund, Non -Departmental Account, Consultants -Finance by $93,212.19 and reducing the General Fund, Undesignated, Unreserved Fund Balance by the same amount; and 2. Authorize payment to First Southwest Company in the amount of $93,212.19 for financial advisory services rendered in connection with the authorization, sale and delivery of $350,000,000.00 Alliance Airport Authority, Inc., Special Facility Revenue Bonds, Series 1990 (American Airlines, Project). M&C G-8869 adopted It was the consensus of the City Council that the recommendations 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 McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, McCray, Meadows, Webber, and Chappell NOES: None ABSENT: Council Members Zapata and Granger The ordinance, as adopted, is as follows: ORDINANCE NO. ORDINANCE NO. 10700 10700 AN ORDINANCE APPROPRIATING $93,212.19 IN THE GENERAL FUND, NON -DEPARTMENTAL ACCOUNT, CONSULTANTS- FINANCE, AND DECREASING THE GENERAL FUND UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT FOR THE PURPOSE OF PAYING FOR FINANCIAL ADVISORY SERVICES; 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: Minutes of City Council Q-3 Page 275 2f6 TUESDAY, OCTOBER 23, 1990 Urdinance No. 10700 cont. SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C G-8870 re There was presented Mayor and Council Communication No. G-8870 from the City Fire Department's Manager stating that the Fire Department's FY 90-91 budget includes a reduction of 30 FY 90-91 budget Civil Service positions of various ranks, 17 of which were eliminated October 1, 1990, and 13 to be deleted during the first quarter of the fiscal year through normal attrition; that there currently is one Fire Captain vacancy and one Fire Lieutenant vacancy with no Civil Service eligibility list in effect for the positions; that the City Council approved Mayor and Council Communication No. G-8733 on July 17, 1990, adopting Ordinance No. 10640 deleting two Captain positions that were vacant at the time and stating the Fire Department's intent to delete the 30 additional Civil Service positions; that deletion of the Captain and Lieutenant positions now will change the current authorized strength to 77 Captains and 101 Lieutenants; and recommending that the City Council adopt an ordinance immediately decreasing the total number of authorized Fire Captain positions from 78 to 77 and the total number of Fire Lieutenant positions from 102 to 101. 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 McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, McCray, Meadows, Webber, and Chappell NOES: None ABSENT: Council Members Zapata and Granger The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10701 10701 AN ORDINANCE SPECIFYING THE ADJUSTED TOTAL NUMBER OF AUTHORIZED CIVIL SERVICE POSITIONS AT EACH RANK IN THE FIRE DEPARTMENT; DELETING ONE CAPTAIN'S POSITION AND ONE LIEUTENANT'S POSITION FROM THE TOTAL AUTHORIZED MANPOWER; PROVIDING THE STATEMENT OF INTENT TO DELETE NINE MORE POSITIONS OF VARIOUS RANKS FROM THE TOTAL AUTHORIZED MANPOWER AT A LATER DATE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE. BE IT HEREBY KNOWN: WHEREAS, the Fire Chief has requested the City Council to readjust and thereafter specify the total authorized number of civil service positions at each rank in the Fire Department for the remainder of the 1990-91 Fiscal Year; and WHEREAS, the City's annual budget 1990-91 authorized and budgeted positions service staffing as follows: Deputy Chiefs District Chiefs Captains Lieutenants Engineers Firefighters Total ordinance for the fiscal year of for the Fire Department's civil 6 17 80 102 165 328 WHEREAS, on October 2, 1990, an ordinance was enacted which deleted two (2) more Captains' positions, further reducing the total number of Captains' positions to seventy-eight (78) as well as the total authorized strength to 696. WHEREAS, it is now recommended that the City Council authorize the immediate deletion of one (1) Captain's position and one (1) Lieutenant's position from the total authorized manpower within the Department. Specifically, there is presently one vacant Captain's position and one vacant Lieutenant's position for which there are no current promotional eligibility lists in effect regarding said vacancies. Due to organizational changes being implemented within the Department, the duties of said positions are being redistributed among other existing positions. Therefore, the said two positions are no longer necessary to achieve the efficient operations of the Fire Department; and WHEREAS, in previous communications, as well as in previous Ordinances, the City Manager's office and the Fire Chief expressed the intent to reorganize certain positions within the Fire Department, meaning that from time to time, and as normal attrition from the Department occurred, certain positions being occupied by civil service personnel would be removed from the Minutes of City Council Q-3 Page 276 2717 TUESDAY, OCTOBER 23, 1990 Ordinance No. classified service by ordinance while at the same time the Department would 10701 cont. maintain efficient operations by redistributing those duties to other personnel. This intent was expressed as being in the best interests of the Fire Department and the City of Fort Worth in providing the citizens of Fort Worth the most efficient fire protection possible at the lowest expense necessary. Therefore, it is now recommended that the City Council continue to express in specific terms the intent and prior notice to delete and abolish an additional nine (9) civil service positions between the effective date of this ordinance up through or by March 31, 1991. It is further recommended that this intent be clearly expressed so as to negate any expectancy for promotion into said positions which will be deleted as vacancies occur; and WHEREAS, it is anticipated that due to proposed realignments in the management structure and organization of the Department there will be positions presently occupied by the ranks from Engineer up through Captain which will be deleted. It is proposed that said positions be deleted from the civil service of the Department from time to time as vacancies occur, primarily from normal attrition from the Department; and WHEREAS, the Chief of the Fire Department now requests that the Council adjust the authorized number of Fire Department civil serve positions into conformity with the proposed changes as set forth immediately above in order to effect efficient economy of the operations of the City's municipal services; and WHEREAS, the specification and authorization by ordinance of the correct number of authorized civil service positions is a statutory requirement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 6. This ordinance shall take effect and be in full force and effect from and after its passage, and it is so ordained. M&C G-8871 re There was presented Mayor and Council Communication No. G-8871 from the City Youth Gang Re- Manager, as follows: search Grant from The U.S. Department SUBJECT: YOUTH GANG RESEARCH GRANT FROM THE U.S. DEPARTMENT OF HEALTH AND of Health and HUMAN SERVICES Human Services RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Accept the grant award from the U. S. Department of Health and Human Services for the program entitled, "Youth Gang Research", in the amount of $99,970; and 2. Hire additional staffing to conduct and carry out the program objectives of the grant. OTSMISSTON! As early as 1981, the Fort Worth Police Department began detecting a trend in criminal activity involving groups of juveniles or gangs. By the end of 1982, a total of 23 formalized gangs had been identified. Today, there are 151 known gangs in the City of Fort Worth with a targeted population of 2,643 members. It is estimated that there is upwards of 5,000 gang members if one were to include criminal associates and peripheral members ("wanna bees"). The Young Gang Research grant will allow the police department to establish a research team comprised of the following personnel: one (1) research coordinator and two (2) research analysts. This team will be monitored by the deputy chief of the Special Services Bureau. The research team will study four (4) diverse gangs, one (1) Hispanic, one (1) African American, one (1) white, and one (1) Asian. The primary objectives of the study will be to determine any identifiable personality traits between gang members and non -gang youth, any differences between the family of gang members and their non -gang counterparts, and the primary motivational and personality differences between the members of the four gang types. Results will be analyzed using multivariate analysis of variance and the final report will be available to all criminal justice agencies. Principal benefits of the research will include the ability to target potential gang members and to develop strategies for diversion from gang membership. FINANCING: Funding in the amount of $99,970 will be provided by the U. S. Department of Health and Human Services at no cost to the City of Fort Worth. Salaries and fringe benefits for the research coordinator and the research analysts will Minutes of City Council Q-3 Page 277 M&C G-8871 cont. Youth Gang Re- search Grant M&C G-8871 adopte M&C G-8872 re FY1990-91 Fort Worth Improvement District No. 1 Funding M&C G-8872 adopted Introduced Ordinance TUESDAY, OCTOBER 23, 1990 be funded through the grant. Indirect charges are included in the total amount of the grant program. The duration of the grant period is for one year, to be determined upon acceptance of the grant award. Upon accep- tance of the grant award, the monies will be deposited in Grant Fund GR76. It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. G-8871, be adopted. There was presented Mayor and Council Communication No. G-8872 from the City Manager, as follows: SUBJECT: FY 1990-91 FORT WORTH IMPROVEMENT DISTRICT NO. 1 FUNDING RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriations ordinance increasing estimated receipts and appropriations by $689,677 in Special Assessment Fund GS87, Center No. 002100091000, Fort Worth Improvement District No. 1 ($546,677 from private property assessments, $50,916 from City property assessments, $10,000 from interest earnings and $82,084 transfer from Non -Departmental, Downtown Assessment District); and 2. Approve the transfers to Special Assessment District Fund GS87 as follows: FROM GG01 0905803 Park and Rec Contribution Account 538070 GG01 0905802 City Services Contribution Account 538070 GGO1 0905804 Contribution Over Assessments Account 538070 TO AMOUNT GS87 002100091000 $38,000 Fort Worth Improve- ment District No. 1 Account 472222 GS87 002100091000 $22,000 Fort Worth Improve- ment District No. 1 Account 472172 GS87 002100091000 $22,084 Fort Worth Improve- ment District No. 1 Account 488282 3. Authorize the City Manager to pay the City's contractual payments of $82,084. nTIMIggTnN- On September 25, 1990, M&C G-8820, the City Council approved the 1990-91 Budget and Plan of Services for Fort Worth Improvement District No. 1. The District's budget included $82,084 in contractual payments by the City. This $82,084 includes $60,000 as payment in lieu of services previously provided by the City ($38,000 for planter box maintenance, and $22,000 for sidewalk cleaning and garbage pick-up along Main Street). In addition, $22,084 is to be paid to the District for contractual maintenance of planter boxes and sidewalk cleaning along Houston and Throckmorton Streets. State law requires the City to pay an assessment against its property within the District. The proposed assessment against City property for 1990-91 is $50,916. This amount will be transferred to Special Assessments Fund GS87, Center No. 002100091000 after the City Council approves all the assessments for the District. The public hearing to consider assessments will be held at a future City Council meeting. FINANCING: Sufficient funds are available to transfer from Non -Departmental Centers 0905802 ($22,000), City Services Contribution, 0905803 ($38,000), Park and Rec Contribution, and 0905804 ($22,084) Contribution Over Assessment. Upon approval and completion of recommendations #1 and 2, sufficient funds will be available in Downtown Assessment District Fund GS87, Center No. 002100091000, Fort Worth Improvement District No. 1. It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. G-8872, be adopted. Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, McCray, Meadows, Webber, and Chappell Minutes of City Council Q-3 Page 278 N/9 TUESDAY, OCTOBER 23, 1990 NOES: None ABSENT: Council Members Zapata and Granger The ordinance, as adopted, is as follows: Ordinance No.II ORDINANCE NO. 10702 10702 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE SPECIAL ASSESSMENT FUND, FUND GS87, FORT WORTH IMPROVEMENT DISTRICT NO. 1 OF THE CITY OF FORT WORTH FOR THE FISCAL YEAR 1990-91 BY THE SUM OF $689,677.00 AND APPROPRIATING SAID $689,677.00 TO THE SPECIAL ASSESSMENT FUND, FUND GS87, FORT WORTH IMPROVEMENT DISTRICT NO. 1, FOR FUNDING OF THE FORT WORTH IMPROVEMENT DISTRICT NO. 1; 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. 1) Adopt the attached Supplemental Appropriation Ordinance increasing appropriations and estimated receipts in Culture & Tourism Fund GG04, Modern Art Museum, Center No. 0243020, by $50,000, from increased revenues; 2) Approve the transfer of $50,000 from General Fund GG01, Non -Departmental, Van Cliburn, Center 0905900, to Culture & Tourism Fund GG04, Modern Art Museum, Center No. 0243020; 3) Amend the adopted budget for the Modern Art Museum for FY 1990-91 to reflect that $50,000 of the budgeted amount is paid from a transfer of funds from General Fund GGO1; 4) Amend the adopted budget for the Convention & Visitors Bureau for FY 1990-91 to add $50,000 to be paid from revenues collected under Hotel/Motel Occupancy Taxes; and 5) Authorize a subcontract between the Convention & Visitors Bureau and the Van Cliburn Foundation, Inc., for $50,000, for promotional activities related to the Van Cliburn International Piano Competition. nISC11SSi0N During the 1988-89 budget review process, the City Council approved payments in the amount of $25,000 per year for four years to the Van Cliburn Foundation, Inc., for promoting the City of Fort Worth nationally and internationally in conjunction with the Van Cliburn International Piano Competition and the Cliburn Concerts. The FY 1990-91 Adopted Budget for General Fund GGO1, Non -Departmental Center No. 0905900 includes $25,000 for the third year contribution. On October 2, 1990 (M&C G-8841), the City Council approved payment of the third year contribution to the Van Cliburn Foundation. At that time, the City Attorney expressed concern that changes in State Law prohibit contributions for promotional purposes from General Fund monies, but allow such contributions from Hotel/Motel Occupancy Tax monies. Therefore, staff recommends that these promotional expenses paid to�the Van Cliburn Foundation come from the Culture & Tourism Fund, which is financed primarily through the Hotel/Motel Occupancy Tax (bed tax). The anticipated Hotel/Motel Occupancy Tax funds are budgeted for FY 1990-91; therefore the City will have to increase its General Fund support for the Modern Art Museum to provide bed tax monies which can then be applied toward payment to Van Cliburn Foundation. Furthermore, City staff recommend that both the third and fourth year payments to the Van Cliburn Foundation be made at this time, since budget requests for use of bed tax monies historically Minutes of City Council Q-3 Page 279 This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C G-8873 re There was presented Mayor and Council Communication No. G-8873 from the City Increase Adopted Manager, as follows: for Convention and Vistors Bureau to SUBJECT: INCREASE ADOPTED BUDGET FOR CONVENTION AND VISITORS BUREAU TO Subcontract with SUBCONTRACT WITH VAN CLIBURN FOUNDATION FOR PROMOTIONAL SERVICES Van Cliburn Foundation for RECOMMENDATION: Promotional Servic s I It is recommended that the City Council: 1) Adopt the attached Supplemental Appropriation Ordinance increasing appropriations and estimated receipts in Culture & Tourism Fund GG04, Modern Art Museum, Center No. 0243020, by $50,000, from increased revenues; 2) Approve the transfer of $50,000 from General Fund GG01, Non -Departmental, Van Cliburn, Center 0905900, to Culture & Tourism Fund GG04, Modern Art Museum, Center No. 0243020; 3) Amend the adopted budget for the Modern Art Museum for FY 1990-91 to reflect that $50,000 of the budgeted amount is paid from a transfer of funds from General Fund GGO1; 4) Amend the adopted budget for the Convention & Visitors Bureau for FY 1990-91 to add $50,000 to be paid from revenues collected under Hotel/Motel Occupancy Taxes; and 5) Authorize a subcontract between the Convention & Visitors Bureau and the Van Cliburn Foundation, Inc., for $50,000, for promotional activities related to the Van Cliburn International Piano Competition. nISC11SSi0N During the 1988-89 budget review process, the City Council approved payments in the amount of $25,000 per year for four years to the Van Cliburn Foundation, Inc., for promoting the City of Fort Worth nationally and internationally in conjunction with the Van Cliburn International Piano Competition and the Cliburn Concerts. The FY 1990-91 Adopted Budget for General Fund GGO1, Non -Departmental Center No. 0905900 includes $25,000 for the third year contribution. On October 2, 1990 (M&C G-8841), the City Council approved payment of the third year contribution to the Van Cliburn Foundation. At that time, the City Attorney expressed concern that changes in State Law prohibit contributions for promotional purposes from General Fund monies, but allow such contributions from Hotel/Motel Occupancy Tax monies. Therefore, staff recommends that these promotional expenses paid to�the Van Cliburn Foundation come from the Culture & Tourism Fund, which is financed primarily through the Hotel/Motel Occupancy Tax (bed tax). The anticipated Hotel/Motel Occupancy Tax funds are budgeted for FY 1990-91; therefore the City will have to increase its General Fund support for the Modern Art Museum to provide bed tax monies which can then be applied toward payment to Van Cliburn Foundation. Furthermore, City staff recommend that both the third and fourth year payments to the Van Cliburn Foundation be made at this time, since budget requests for use of bed tax monies historically Minutes of City Council Q-3 Page 279 2801 . TUESDAY, OCTOBER 23, 1990 M&C G-8873 cont. exceed anticipated revenues, and requests for FY 1991-92 are expected to Increase Adopted exceed anticipated revenues for FY 1991-92. for Convention and Vistors The Convention & Visitors Bureau will enter into a two-year subcontract with Bureau Subcontrac or the Van Cliburn Foundation for expenditure of the funds for promotion of the Van Cliburn Foun- City and its hotel/motel industry. dation Promotiona Services Funds budgeted in the General Fund, Non -Departmental, Retirement Terminal Leave, Center No. 0909801, will be administratively transferred to the Van Cliburn Center No. 0905900, to cover the fourth year payment requirement. Upon approval of recommendation numbers 1 and 2, $50,000 will be transferred to Culture & Tourism Fund GG04. FINANCING: Sufficient funds are available in the General Fund GG01, Non -Departmental, Account No. 539120, Van Cliburn Center No. 0905900, for transfer to Culture & Tourism Fund GG04, Account No. 539120, Modern Art Museum Center No. 0243020. Upon approval and completion of recommendation No. 2, sufficient funds will be available in Culture and Tourism Fund GG04, Center 0243020, Modern Art Museum. Upon approval of recommendations 4 and 5, staff will amend the adopted budget for the Convention & Visitors Bureau, which will subcontract with the Van Cliburn Foundation, Inc., on behalf of the City's final payments, for promotional activities related to the Van Cliburn International Piano Competition. The expenditure to the Convention and Visitors Bureau will be charged to Account 539120. M&C G-8873 adopte4i It was the consensus of the City Council that the recommendations, as'contained in Mayor and Council Communication No. G-8873, was adopted. Introduced Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be Resolution adopted. The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, McCray, Meadows, Webber, and Chappell Ordinance No. 10703 M3 C, G-8874 re Notice of inten- tion of Fort ;forth Com- bination Tax and Revenue Certifica of Obligation NOES: None ABSENT: Council Members Zapata and Granger The ordinance, as adopted, is as follows: ORDINANCE NO. 10703 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE CULTURE AND TOURISM FUND GG04, ACCOUNT 412012, CULTURE AND TOURISM CENTER 0241000, OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1990-91 BY $50,000, AND APPROPRIATING SAID AMOUNT TO THE CULTURE AND TOURISM FUND GG04, ACCOUNT 539120, MODERN ART MUSEUM CENTER NO. 0243020, FOR THE PURPOSE OF PROVIDING FUNDS TO MAINTAIN THE CITY'S FACILITY CURRENTLY UNDER CONTRACTUAL USE BY THE MODERN ART MUSEUM; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. There was presented Mayor and Council Communication No. G-8874 from the City Manager recommending that an ordinance be adopted approving and authorizing the giving of notice of intention to issue $6,000,000.00 City of Fort Worth Combination Tax and Revenue Certificates of Obligation, Series 1990. On motion of Mayor Pro tempore Gilley, seconded by Council Member Webber, the recommendation was adopted. es Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Webber. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, McCray, Meadows, Webber, and Chappell NOES: None ABSENT: Council Members Zapata and Granger The ordinance, as adopted, is as follows: Minutes of City Council Q-3 Page 280 28 TUESDAY, OCTOBER 23, 1990 Ordinance NO.II ORDINANCE NO. 10704 10704 DIRECTING PUBLICATION OF NOTICE OF INTENT TO ISSUE TAX AND REVENUE CERTIFICATES OF OBLIGATION; AND ORDAINING OTHER MATTERS RELATING TO THE SUBJECT WHEREAS, it is hereby officially found and determined that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Ordinance is passed, such emergency or urgent public necessity being that the publication of Notice of Intention to Issue Certificates of Obligation to provide funds for the improvements described in the Notice referred to below is required as soon as possible and without delay; and that said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Art. 6252-17, as amended. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Section 1. That attached hereto and marked "Exhibit A" is a form of notice, the form and substance of which are hereby passed and approved. Section 2. That the City Secretary shall cause said notice to be published, in substantially the form attached hereto, in the "Fort Worth Star -Telegram", a newspaper of general circulation in the City of Fort Worth, Texas, for two consecutive weeks, the date of the first publication to be before the fourteenth (14th) day before the date tentatively proposed for authorizing the issuance of the Certificates of Obligation as shown in said notice. EXHIBIT A NOTICE OF INTENTION TO ISSUE CERTIFICATE OF OBLIGATION AND PUBLIC HEARING NOTICE IS HEREBY GIVEN that it is the intention of the City Council of the City of Fort Worth, Texas, to issue the interest bearing certificates of obligation of the City entitled "City of Fort Worth, Texas Combination Tax and Revenue Certificates of Obligation, Series 1990", for the purpose of providing funds for the construction of an aircraft control tower at Alliance Airport, and engineering, legal, and fiscal costs related thereto (the "Project"). The City Council tentatively proposes to authorize the issuance of said Certificates of Obligation at its regular meeting place in the City Hall at a regular meeting to commence at 10:00 A.M. on November 13, 1990. The maximum amount of Certificates of $6,000,000. The City Council presently proposes to provide for payment of such Certificates of Obligation by the levy of taxes and from revenues. In furtherance thereof, a public hearing will be held by the City Council in accordance with the provisions of Section 147(f) of the Internal Revenue Code of 1986 at 9:00 a.m. on November 13, 1990 in the pre -council conference room, 2nd Floor, City Hall, for the purpose of receiving public comment on the issuance of the Certificates of Obligation and the construction of the Project. All persons interested in such matters are invited to submit written comments to the City prior to the time set for the public hearing or to attend the public hearing and express any comments that they may have with respect to such matters. Mr. Judson Bailiff, Director of Finance City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 MUOC G-8875 re There was presented Mayor and Council Communication No. G-8875 from the City Capital Improve- Manager stating that capital improvement projects of the City of Fort Worth are funded ments Sade of'Bond with proceeds from the competitive sell of bonds in the open market to investors throughout the country; that the planning and construction status of many projects and corresponding funding requirements are such that a bond sale is necessary to maintain the planned construction schedule; and recommending that the City Council authorize: 1. The sale of $23,950,000.00 General Purpose Bonds as identified below: PURPOSE DATE AUTHORIZED AMOUNT Street Improvements May 22, 1982 $ 6,821,000 Street Improvements March 22, 1986 $14,349,000 Street Improvements July 10, 1990 $ 730,000 Park & Rec Improvements March 22, 1986 $ 1,800,000 Library Improvements March 22, 1986 $ 250,000 2. The sale of $6,000,000.00 Certificates of Obligation as identified below: Minutes of City Council Q-3 Page 281 282 TUESDAY, OCTOBER 23, 1990 M&C G-8875 cont. PURPOSE AMOUNT re Capital Improve- the City ments Sale of Bond Alliance Airport Control Tower $6,000,000 sizes of 3. The firm of McCall, Parkhurst and Horton be engaged to furnish the transitional sleeves for the Water purchasers' opinion of the bonds; and of various sizes of 4. First Southwest Company to perform the financial consulting services for PE45, Inventory Subsidiary Account No. the sale in accordance with City Secretary Contract No. 14801. M&C G-8875 adopted On motion of Mayor Pro tempore Gilley, seconded by Council Member McCray, the purchase be made from Ferguson/Universal, recommendations were adopted. M&C P-4517 re There was presented Mayor and Council Communication No. P-4517 from the City on -year purchase Manager stating that the City Council authorized a one-year purchase agreement, with agreement for one option for renewal, on September 19, 1989, by Mayor and Council Communication disposal of scrap No. P-3699, for the disposal of scrap batteries; that Steve's Batteries Service was the batteries - Steve' high bidder, at $2.30 per battery; that revenues received from the sale will be Batteries Service deposited into Equipment Services Operating Fund PI61, Revenue Account No. 469142, was the high bidder Center No. 0212010; and recommending that the City Council exercise the option for renewal for the sale of scrap batteries for the City Services Department to Steve's Battery Service on bid of $2.30 per battery, vendor to pickup. It was the consensus of the City Council that the recommendation be adopted. M&C P-4518 re There was presented Mayor and Council Communication No. P-4518 from the City tabulation of bids Manager submitting a tabulation of bids received for the purchase of various sizes of for the pruchase transitional sleeves for the Water Department; stating that purchases will be charged of various sizes of to Water and Sewer Operating Fund PE45, Inventory Subsidiary Account No. 141279, transitional 0000000; and recommending that the purchase be made from Ferguson/Universal, Inc., on sleeves for the low bid of $9,020.00, five percent 30 days, f.o.b. Fort Worth, Texas. It was the Water Department consensus of the City Council that the recommendation be adopted. tires - Texas Tire M&C P-4519 re There was presented Mayor and Council Communication No. P-4519 from the City bids for 16, 000 Manager submitting a tabulation of bids received for the purchase of 16,000 pounds of pounds of frozen frozen 'Birds of Prey' diet for the Park and Recreation Department; stating that funds 'Birds of Prey' are available in General Fund GGO1, Center No. 0805040, Account No. 522040; and diet for the recommending that the purchase be made from Animal Spectrum, Inc., on low bid, meeting Park and Recre a t- City specifications, of $0.45 per pound for a total amount not to exceed $7,200.00 net, ion Department f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. 14&C P-4520 re There was presented Mayor and Council Communication No. P-4520 from the City one-year purchase Manager stating that the City Council authorized a one-year purchase agreement, with agreement for the one option for renewal, on September 19, 1989, by Mayor and Council Communication disposal of scrap No. P-3700, for the disposal of scrap tires; that Texas Tire Disposal agreed to pay tires - Texas Tire $0.48 per tire and pick up scrap tires at various Equipment Services locations on a Disposal regular basis; that revenues received from the sale will be deposited into Equipment Services Operating Fund PI61, Revenue Account No. 469142, Center No. 0212010; and recommending that the City Council exercise the option for renewal for the sale of scrap tires for the City Services Department to Texas Tire Disposal on bid of $0.48 per tire, with vendor to pick up. It was the consensus of the City Council that the recommendation be adopted. . M&C P-4521 re There was presented Mayor and Council Communication No. P-4521 from the City purchase agreement Manager stating that the award of a purchase agreement for the purchase of repair parts for repair parts for O.E.M. Emergency One manufacturer's genuine replacement parts on an as -needed basis for O.E.M. Emerge reduces the required volume of parts inventory and reduces equipment downtime while cy One manuf actur still allowing a volume price reduction by estimating annual requirements; that the er's genuine re- vendor based prices on estimated quantities; that no guarantee has been made that a placement specific quantity of goods or services will be purchased; that the vendor has agreed to an extension of the agreement and the City Services Department staff has requested that the option to renew be exercised by City Council; and recommending that the option to renew be exercised with Emergency One on low bid of unit prices at manufacturer's suggested list price, f.o.b. Ocala, Florida, with the term of agreement to begin January 23, 1991, and end one year later, with one additional one-year option to renew. It was the consensus of the City Council that the recommendations be adopted. M&C P-4522 re There was presented Mayor and Council Communication No. P-4522 from the City one-year option to Manager stating that the City Council authorized a purchase agreement containing a renew with Conoco, one-year option to renew with Conoco, Inc., on November 15, 1988, by Mayor and Council Inc. Communication No. P-3047, to supply gasoline at the Oil Price Information Service net average price less $0.0125 per gallon; that, due to the Mid -East political situation, staff has sought information relative to the possibility of a fuel allocation program becoming necessary; that the major oil companies, Conoco, Exxon, Taxaco, and Chevron all concur that the City's most secure position for obtaining fuel under an allocation program would be to remain with the current supplier (Conoco) because our fuel would be a portion of that company's allocated quantity; that Conoco has agreed to hold the quoted discount for another year; stating that budgeted funds are sufficient to cover to the anticipated expenditure by the department participating in the agreement; and recommending that the renewal of the purchase agreement with Conoco, Inc., be authorized on low bid of O.P.I.S. net average price minus $0.0125 per gallon, with the term of the agreement beginning December 9, 1990, and ending one year later. It was the consensus of the City Council that the recommendations be adopted. M&C P-4523 re There was presented Mayor and Council Communication No. P-4523 from the City Fourier Transform Manager submitting a tabulation of bids received for the purchase of one Fourier Infrared Spectro- Transform Infrared Spectrometer System and accessories for the Police Department; meter System and accessories for t Police Department Minutes of City Council Q-3 Page 282 "83 TUESDAY, OCTOBER 23, 1990 M&C P-4523 re stating that funds are available in Special Trust Fund FE72, Center No. 035535000000, Fourier Transform Account No. 541320; and recommending that the purchase be made from Nicolet Instrument Infrared Spectro- Corporation on its bid, meeting City specifications, of $74,342.00 net, f.o.b. Fort meter System cont. Worth. It was the consensus of the City Council that the recommendation be adopted. MuC P-4524 re There was presented Mayor and Council Communication No. P-4524 from the City bids for the Manager submitting a tabulation of bids received for the purchase of "T" shirts for the purchase of "T" Police Department D.A.R.E. program; stating that funds are available in Special Trust shirts for the Fund FE72, Center No. 035535000000, Account No. 524010; and recommending that the Police Department purchase be made from Lone Star Sportswear on low bid meeting specifications of $3.14 D.A.R.E. program each ($4.00 XX large) not to exceed $16,900.00 net, f.o.b. destination. It was the consensus of the City Council that the recommendation be adopted. M&C P-4525 re There was presented Mayor and Council Communication No. P-4525 from the City Genuine Massey Manager submitting a quotation received for a purchase agreement for the purchase of Ferguson and Bush genuine Massey Ferguson and Bush Hog manufacturer's replacement parts; stating that Hog manufacturer's budgeted funds are sufficient to cover the anticipated expenditure by each department replacement parts participating in the agreement; and recommending that the purchase agreement be authorized with American Lift Truck and Tractor Company on its quotation of manufacturer's suggested list price; and that all City departments be authorized to participate in the purchase agreement, if needed, with the term of agreement to begin November 16, 1990, and end one year later with one additional .year option to renew. It was the consensus of the City Council that the recommendations be adopted. M&C P-4525 re There was presented Mayor and Council Communication No. P-4526 from the City bids for the Manager submitting a tabulation of bids received for the purchase of electrical purchase of conduit, ells, and microswitches for the Transportation and Public Works Department; electricla conduit stating that funds are available in General Fund GG01, Inventory Subsidiary Account ells, and micro- No. 141273; and recommending that the purchase be made on a low -bid item basis, with switches for the Items 2, 3, and 4 awarded to Bluebonnet Supply for an amount of $5,957.05, and that Transportation and lots be cast to determine the vendor for tie bids on Item No. 1. Public Works Depart- ment epar - ment City Secretary Howard announced that lots will be cast for the purchase of Item 1 inasmuch as identical bids were submitted by Westinghouse Electric Supply Company and General Electric Supply Company and, following the drawing of bids by Judson Bailiff, representing Westinghouse Electric Supply Company, and Ben Allen, representing General Electric Supply Company, Mayor Pro tempore Gilley made a motion, seconded by Council Member Meadows, that the recommendation, as contained in Mayor and Council Communication No. P-4526, be adopted, with Item 1 being awarded to General Electric Supply Company for an amount of $1,987.20. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C L-10271 re There was presented Mayor and Council Communication No. L-10271 from the City Uniform Assistance Manager stating that, under regulations issued by the Department of and Real Property Transportation -Federal Aviation Administration, pursuant to the Uniform Assistance and Acquisiton Act Real Property Acquisition Act of 1970, as amended, Subpart D, Section 24.301, moving expenses displacees of real property acquired with federal funds are eligible for moving expenses; that, due to the nature of some materials being moved from the displacement of Justin Time Airfield, staff was unable to secure bids from moving companies other than American Transfer and Storage Company; stating that funds are available in Grant Fund GR76, Center No. 016218600070, 541100; and recommending that the City Manager be authorized to make payment not to exceed $6,134.27 to American Transfer and Storage Company in connection with Willace D. Hill's relocation. It was the consensus of the City Council that the recommendation be adopted. M&C L-10272 re There was presented Mayor and Council Communication No. L-10272 from the City Phase II of the Manager stating that, in order to initiate the purchase of property for Phase II of the Lake Worth Plan Lake Worth Plan, which must be completed by January 1992, the Real Property Management Department utilized the services of Kyser and Ondo, Appraisers, to appraise 11 properties on Castle Circle; that the work has been completed and staff requests confirmation of the purchase by Council; stating that funds are available in Fund FE70, Center No. 016001002000, Account No. 538070; and recommending that the City Council confirm the purchase of appraisal services from Kyser and Ondo, Appraisers, for the Real Property Management Department in an amount not to exceed $7,150.00. It was the consensus of the City Council that the recommendation be adopted. M&C L-10273 re There was presented Mayor and Council Communication No. L-10273 from the City rectangulary-shapeil Manager recommending that the City pay a total consideration of $375.00 for a permanent easement rectangul arly-shaped permanent easement 15 feet in width and approximately 36 feet in length located across the westerly portion of Lot 1, Mulligan Addition, as recorded in Volume 7000, Page 435, Deed Records, Tarrant County, Texas; and a rectangularly -shaped construction easement 25 feet in width and approximately 136 feet in length adjacent to the westerly line of said permanent easement; located at 637 Samuels Avenue; owned by Virginia Santana and Margarita Gallegos; and required for rehabilitation of Sanitary Sewer Main 42, Lateral 527, and Main 383-A. It was the consensus of the City Council that the easements be acquired as recommended and that the expenditure be charged to Sewer Capital Improvements Fund PS58, Account No. 541100, Center No. 016580170650. M&C L-10274 re There was presented Mayor and Council Communication No. L-10274 from the City Trinity River Manager stating that the Trinity River Authority of Texas is requesting an easement and Authority of Texas right-of-way to construct a pipeline within the new widened right-of-way limits of is requesting an Keller -Haslet Road; that an agreement with TRA, dated June 30, 1989, includes a easement provision for future dedication to TRA of a necessary easement from the City at such time as certain project design requirements have been met and approved; that these requirements have been completed to the satisfaction of the Department of Minutes of City Council Q-3 Page 283 TUESDAY, OCTOBER 23, 1990 M&C L-10274 re Transportation and Public Works; and recommending that the City Manager be authorized Trinity River to execute two separate instruments for the purpose of allowing the Trinity River Authority cont. Authority of Texas to construct a sanitary sewer pipeline under the Keller -Haslet Road right-of-way and to build a meter station. It was the consensus of the City Council that the recommendation be adopted. M&C PZ -1592 re There was presented Mayor and Council Communication No. PZ -1592 from the City vacating the south Manager recommending that an ordinance be adopted vacating the south 20 feet by 20 feet by approx. approximately 345 feet of Collette -Little Road from the west property line of Lot 1, 345 feet of Block 1, Poppy Acres Addition, to the west line of Marie Jones Road and the west line Collette -Little of Marie Jones Road between Mansfield Highway and Collette -Little Road, Poppy Acres road, Lot 1, Block Addition, Block 1, Lot 1. It was the consensus of the City Council that the 1, Poppy Acres recommendation be adopted. Addition Introduced Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, McCray, Meadows, Webber, and Chappell NOES: None ABSENT: Council Members Zapata and Granger The ordinance, as adopted, is as follows: Ordinance No .II ORDINANCE NO. 10705 10705 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING A PORTION OF COLLETTE-LITTLE ROAD AND A PORTION OF MARIE JONES ROAD, BOTH LOCATED IN THE POPPY ACRES ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BOTH MORE SPECIFICALLY DESCRIBED HEREIN; PROVIDING FOR REVERSION OF FEE IN SAID LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. M&C PZ -1593 re There was presented Mayor and Council Communication No. PZ -1593 from the City vacating a portion Manager recommending that an ordinance be adopted vacating a portion of Conner Avenue of Conner Avenue from the south right-of-way line of Avenue L located at the southeast corner of form the south Lot 7-C, Dunlap's Addition, and going north a total distance of 150 feet to the north right-of=riay line property line of Lot 7-C, Dunl ap's Addition. It was the consensus of the City Council of Avenue L 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 McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, McCray, Meadows, Webber, and Chappell NOES: None ABSENT: Council Members Zapata and Granger The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10706 10706 AN ORDINANCE VACATING, ABANDONING, CLOSING, AND EXTINGUISHING A PORTION OF CONNER AVENUE LOCATED ADJACENT TO LOT 7-C, DUNLAP'S ADDITION TO THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR REVERSION OF FEE IN SAID LAND(S); REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. M&C C-12565 re There was presented Mayor and Council Communication No. C-12565 from the City engineering Manager stating that the City Council authorized execution of an engineering agreement agreement with with Black and Veatch Engineers -Architects (City Secretary Contract No. 13761) on Black and Veatch May 8, 1984, to provide an updated Holly Control Center for remote operation and data Engineers- collection from all pump stations, tanks, and large meters throughout the water system; Architects that additional effort has been expended by the engineer since March 1989 when the facility was occupied by the City to resolve several issues which prevented completion of the construction; that the project was determined to be complete on June 14, 1990; that additional time required to complete the project was 109 man -days at an additional cost of $42,255,53; that, in addition, Black and Veatch has proposed to evaluate a new repeater site and the addition of three or four new remote stations in North Fort Worth due to the anticipated addition of new facilities and meter stations for customer cities in the area; that the engineer also will review a proposed service agreement with HSQ Technology and review antenna locations at the Haltom City meters to determine if independent communication with the SCADA system is feasible; that, based on a letter proposal from Black and Veatch dated July 26, 1990, these additional services will be provided along with the additional construction management effort for $50,000.00 which will increase the Phase 300 fee from $264,600.00 to $314,600.00; and recommending that the City Council: Minutes of City Council Q-3 Page 284 M&C C-12565 re Contract with Black and Veatch Engineers -Archi- tects cont. &C C-12565 adopte MYC C-12566 re Proposed Change Order No. 1 to I-20 Water and Sevier Mai Adjustments (Johnso Brothers Corp.) TUESDAY, OCTOBER 23, 1990 1. Authorize a bond fund transfer in the amount of $50,000.00 from Water Capital Improvement Fund PW09, Center No. 060090159010, Unspecified, to Water Capital Improvement Fund PW09, Center No. 060090160030, North Holly Control Center; and 2. Authorize the City Manager to execute Amendment No. 4 to the engineering agreement with Black and Veatch, City Secretary Contract No. 13761, Study and Design of Computer Facilities for the Holly Control Center, in the amount of $50,000.00 increasing the total amount of the contract from $609,200.00 to $659,200.00. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. C-12566 from the City Manager, as follows: SUBJECT: PROPOSED CHANGE ORDER NO. 1 TO I-20 WATER AND SEWER MAIN ADJUSTMENTS (JOHNSON BROTHERS CORP.) RECOMMENDATION: It is recommended that the City Council: 1. Authorize a bond fund transfer in the amount of $59,483 from Sewer Capital Improvement Fund PS54, Center No. 070540149010, Unspecified to Sewer Capital Improvement Fund PS54, Center No. 070540190010, 1-20 Sewer Main Adjustments; and 2. Authorize Change Order No. 1 in the amount of $59,482.50 to the contract for construction of the I-20 Water and Sewer Main Adjustments, revising the total contract cost to $2,690,302.50. PROJECT NO.: PW09-060090190030 PS54-070540190010 BACKGROUND: On January 2, 1990 (M&C C-12065), the City Council authorized the award of a contract to Johnson Brothers Corporation for construction of the I-20 Water and Sewer Main Adjustments. PROPOSED CHANGE ORDER: During construction, it was requested by the State Department of Highways and Public Transportation to replace approximately 211 linear feet of 8 -inch and 6 -inch sanitary sewer pipe in L-4660. Due to an existing retaining wall and unusually wet and loose material conditions, the contractor has proposed to bore this replacement. The Highway Department has reviewed and approved this proposal. The contractor, Johnson Brothers Corp., will perform this additional work for $59,482.50. The proposed change is as follows: Replace 211 L.F. 8 -inch and 6 -inch sanitary sewer pipe @ Lump sum $ 59,482.50 The net effect of the proposed change order is as follows: Original Contract Cost $2,630,820.00 Proposed Change Order No. 1 $ 59,482.50 Revised Contract Cost $2,690,302.50 The staff engineers of the Water Department have reviewed the proposed charge and found it reasonable for similar work. FINANCING: Sufficient funds are available to transfer from Sewer Capital Improvement Fund PS54, Center No. 070540149010, Unspecified. Upon approval and completion of Recommendation No. 1 in the amount of $59,483.00, sufficient funds will be available in Sewer Capital Improvement Fund PS54, Center No. 070540190010, Sewer Main Adjustments I-20. Expenditures will be made from Account No. 541200. M&C C-12556 adopte It was the consensus of the City Council that the recommendations, as contained in 11 Mayor and Council Communication No. C-12566, be adopted. Fi&C C-12567 re There was presented Mayor and Council Communication No. C-12567 from the City securities lending Manager stating that the City Council approved one-year contracts for securities services with lending services with Morgan Stanley & Company, Inc., and with Bank of New York as Morgan Stanley custodian on October 17, 1989, by Mayor and Council Communication No. C-11945; that, & Company, Inc. anc during the past year under the previous agreement, Morgan Stanley has utilized the with Bank of New entire treasury portfolio and compensated the City at a rate of 15bp (with 25bp for York current issues) regardless of lending activity; that, since its implementation November 9, 1989, the City has earned $215,247.00 in fees from this contract; that a Minutes of City Council Q-3 Page 285 tif.-� IQ TUESDAY, OCTOBER 23, 1990 M&C. C-12567 re discussion with each of the primary dealers with whom the City has established accounts securities lending indicates that no other firm is structuring their securities lending program for the services with entire portfolio; that Morgan Stanley has bid 12bp (with 25bp for current issues) for Morgan Stanley the contract extension period of one year; that revenues from the program this year is & Company, Inc. andexpected to be approximately $200,000.00; and recommending that the City Manager be with Bank of New authorized to extend the contract for Paired Repurchase Transactions Custody Agreement York cont. and amendment to the PSA Master Repurchase Agreement for securities lending program with Morgan Stanley and with Bank of New York as custodian for one year. It was the consensus of the City Council that the recommendation be adopted. M&C C-12568 re There was presented Mayor and Council Communication No. C-12568 from the City Longhorn Pilot Manager stating that Longhorn Pilot Shop, Inc., City Secretary Contract No. 17653, Shop, Inc. leases leases 699 square feet of office space on*the first floor of the Fort Worth Meacham office space at Airport Terminal Building; that the lease will expire on November 30, 1990, and the Fort Worth Meacham tenant seeks a renewal for one year; that the term of the lease extension will begin on Airport Terminal December 1, 1990, and end November 30, 1991; that the rental rate for the area will be Building increased to $11.20 per square for a total annual revenue of $7,828.80; that a clause 29N at the Fort is included in the lease contract to prohibit the lessee from making any alterations or Worth Meacham entry into the overhead area of the premises without prior notice to the Director of Airport Aviation Systems and receipt of written approval from the Director in order to prevent disturbance of any asbestos which might be present; and recommending that the City Manager be authorized to enter into a lease renewal with Longhorn Pilot Shop, Inc., for a retail shop located on the first floor of the Fort Worth Meacham Airport Terminal M&C C-12571 re Building. It was the consensus of the City Council that the recommendation be adopted. M&C C-12569 re There was presented Mayor and Council Communication No. C-12569 from the City Robert L. Barrett, Manager stating that Robert L. Barrett, M.D., leases 1,280 square feet of second floor M.D. leases office office space in the Meacham Airport Terminal Building; that this lease will expire on space in the November 30, 1990, and the tenant seeks to renew for another year; that the term of the Meachan Airport lease extension will begin on December 1, 1990, and end November 30, 1991; that the Terminal Building total annual revenue is $11,955.20; that a clause is included in the lease contract to prohibit the lessee from making any alterations or entry into the overhead area of the premises without prior notice to the Director of Aviation Systems and receipt of written approval from the Director in order to prevent disturbance of any asbestos which might be present; and recommending that the City Manager be authorized to enter into a lease renewal with Robert L. Barrett, M.D., for office space located on the second floor of the Fort Worth Meacham Airport Terminal Building. It was the consensus of the City Council that the recommendation be adopted. M&C C-12570 re There was presented Mayor and Council Communication No. C-12570 from the City Texas Jet, Incor- Manager stating that Texas Jet, Incorporated, leases 28,362 square feet of unimproved pora ted leases land located across the taxiway from Locations 28N and 29N at the Fort Worth Meacham unimproved land Airport; that the lease will expire on September 30, 1990, and the tenant seeks a loacated across one-year renewal; that the term of the lease will begin on October 1, 1990, and end the taxiway from September 30, 1991; that the total annual revenue is $5,105.16; that the City of Fort locations 28N and Worth will have the right to cancel the lease upon 90 days notice should the decision 29N at the Fort be made, in accordance with the Master Plan, to construct parallel Taxiway "AA" prior Worth Meacham to expiration of the lease; and recommending that the City Manager be authorized to Airport enter into a lease renewal with Texas Jet, Incorporated, for 28,362 square feet of unimproved land located across the taxiway from Locations 28N and 29N at the Fort Worth Meacham Airport. It was the consensus of the City Council that the recommendation be adopted. M&C C-12571 re There was presented Mayor and Council Communication No. C-12571 from the City State Minute Order Manager stating that the City Council accepted a State Minute Order on October 11, reconstruction of 1988, by Mayor and Council Communication No. G-7765 authorizing the reconstruction of Handley-Ederville Handley-Ederville Road from Midway Road to State Highway 121 under the State's Road from Midway Principal Arterial Street System Program; that the Minute Order specified that the Road to State Cities of Fort Worth and Richland Hills would provide 50 percent of the cost of Highway 121 under right-of-way and eligible utility adjustments for the project; that the City Council the State's received a letter from the State Department of Highways and Public Transportation on Principal Arterial August 23, 1990, transmitting the agreement forms and the estimated value of the S,,, right-of-way and easements located within the City of Fort Worth required for the project; that the State's estimated value of the right-of-way and easements within the City of Fort Worth is $32,166.00; that normal salary expenses for Real Property Management and title commitments for the project will be paid for out of the project account; and recommending that the City Council: 1. Authorize the Mayor and City Manager to execute the "Contractual Agreement for Right -Of -Way Procurement" with the State Department of Highways and Public Transportation (SDHPT) for the Handley-Ederville Road Principal Arterial Street System (PASS) project from Midway Road to S.H. 121; and 2. Approve the following bond fund transfer: FROM TO AMOUNT REASON GS67-020670231390 GS67-016670232150 $40,000.00 To provide the esti- City's Share of Handley-Ederville mated cost for right- SDHPT Projects Road -Midway to of -way, and related S.H. 121 title and staff costs. It was the consensus of the City Council that the recommendations be adopted. Minutes of City Council Q-3 Page 286 210 17 TUESDAY, OCTOBER 23, 1990 It was the consensus of the City Council that Mayor and Council Communication No. C-12572, Lease Renewal Pegasus Flight Center, Inc., Fort Worth Meacham Airport, be withdrawn from the agenda. It was the consensus of the City Council that Mayor and Council Communication No. C-12573, Lease Renewal Pegasus Flight Center, Inc., be withdrawn from the agenda. It was the consensus of the City Council that Mayor and Council Communication No. C-12574, Lease Renewal Phoenix Composite Squadron of the Civil Air Patrol Fort Worth Meacham Airport, be withdrawn from the agenda. It was the consensus of the City Council that Mayor and Council Communication No. C-12575, Lease Renewal Andrew and Peggy Pena d/b/a Contract Aircraft Painting Fort Worth Meacham Airport, be withdrawn from the agenda. It was the consensus of the City Council that Mayor and Council Communication No. C-12576, Cancellation of Old Lease and Entry into New Lease Fort Worth Burlington Credit Union Fort Worth Meacham Airport, be withdrawn from the agenda. There was presented Mayor and Council Communication No. C-12577 from the City Manager submitting a tabulation of bids received for Concrete Restoration, 90-1, providing for improvements to sections of Beach Street, North University, University Drive, Decatur Avenue, Granbury Road, Trinity Boulevard, FAA Boulevard, and Brennen Street; and recommending that the City Council: 1. Authorize the City Manager to approve the following fund transfer: FROM TO AMOUNT REASON GS93-020930579010 GS93-020930531210 $780,940.00 To provide funds Prior Year Funding Concrete for construction Unspecified Restoration 90-1 plus change or- ders GS93-020930578010 GS93-020930531210 $293,195.00 To provide funds 1991 Program Concrete for construction Unspecified Restoration 90-1 plus change or- ders 2. Authorize the City Manager to execute a contract with Centerline Constructors, Inc., for Concrete Restoration, 90-1, in the amount of $1,040,594.50 and 127 working days. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. FP -2735 from the City Manager stating that the eight -inch water and 12 -inch sewer main replacements in Magnolia Avenue have been completed in accordance with plans and specifications under Contract No. 17713 awarded to L.D. Conatser Contractors on February 27, 1990; and recommending that the City Council accept as complete the contract with L.D. Conatser Contractors for eight -inch and 12 -inch sewer main replacements in Magnolia Avenue and authorize final payment in the amount of $25,585.87 to L.D. Conatser Contractors, with funds available in Street Improvements Fund GS67, Retainage Account No. 205068, Center No. 000670171350, and Sewer Capital Improvements Fund PS58, Retainage Account No. 205021, Center No. 000580170930. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. FP -2736 from the City Manager stating that the contract to Rhode Construction for the M -189A Sanitary Sewer Main Replacement has been completed in accordance with plans and specifications under Contract No. 17705 awarded to Rhode Construction on February 13, 1990; and recommending that the City Council accept as complete the contract to Rhode Construction for the M -189A Sanitary Sewer Main Replacement and authorize final payment in the amount of $30,245.40 to Rhode Construction, with funds available in Fund PS58, Account No. 205001, Center No. 000580170760, and Contract Encumbrance No. 17705, Account No. 541200, Center No. 070580170760. It was the consensus of the City Council that the recommendations be adopted. ' There was presented Mayor and Council Communication No. FP -2737 from the City Manager stating that the contract to J.D. Vickers, Inc., for the ten -inch water main replacement in Jennings Avenue has been completed in accordance with plans and specifications under Contract No. 17920 awarded to J.D. Vickers, Inc., on June 12, 1990; and recommending that the City Council accept as complete the contract to J.D. Vickers, Inc., for the ten -inch water main replacement in Jennings Avenue and authorize final payment in the amount of $17,348.03 to J.D. Vickers, Inc., with funds available in Street Improvements Fund PW53, Account No. 541200, Center No. 060530171680, and Contract Encumbrance No. 17920, Account No. 541200. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. FP -2738 from the City Manager stating that the contract to Rhode Construction Company for the Live Oak Creek, Section A, Gravity Line/Force Main has been completed in accordance with plans and specifications under Contract No. 17061 awarded to Rhode Construction Company on April 25, 1989; and recommending that the City Council accept as complete the contract to Rhode Construction Company for the Live Oak Creek, Section A, Gravity Line/Force r Minutes of City Council Q-3 Page 287 "SS TUESDAY, OCTOBER 23, 1990 M&C FP -2738 cont. Main and authorize final payment in the amount of $50,896.86 to Rhode Construction Company, with funds available in Sewer Capital Improvements Fund PS56, Retainage Account No. 205001, Center No. 000560140070 and Contract Encumbrance No. 17061, Account No. 541200, Center No. 070560140070. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2739 re There was presented Mayor and Council Communication No. FP -2739 from the City Contract with Manager stating that the contract with Circle C Construction, Inc., for water and sewer Circle C. C on s tr u main replacements in South Jennings Avenue have been completed in accordance with plans ction, Inc. for and specifications under Contract No. 17629 awarded to Circle C Construction, Inc., on water and sewer January 23, 1990; and recommending that the City Council accept as complete the main replacements contract with Circle C Construction, Inc., for water and sewer main replacements in in South Jennings South Jennings Avenue and authorize final payment in the amount of $60,888.17 to Avenue Circle C Construction, Inc., with funds available in Street Improvements Fund GS67, Retainage Account No. 205057, Center No. 000670171230; Contract Encumbrance No. 17629, Account No. 541200, Center No. 000670171230; and Fund PS58, Retainage Account No. 205015, Center No. 000580170970. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2740 re There was presented Mayor and Council Communication No. FP -2740 from the City assessment paving Manager stating that the assessment paving of 34th Street from Ross to Main has been of 34th Street completed in accordance with plans and specifications under Contract No. 17606 awarded from Ross to Main to L.D. Conatser Contractors, Inc., on December 19, 1989; and recommending that the City Council accept as complete the assessment paving of 34th Street from Ross to Main; authorize final payment in the amount of $19,162.80 to L.D. Conatser Contractors, Inc.; and approve the final assessment rolls and authorize the issuance of certificates in evidence of the special assessments levied against the abutting property owners on 34th Street from Ross to Main, with funds available in Grant Fund GR76, Account No. 205023, Center No. 000206081350, and Street Improvements Fund GS67, Account No. 205055, Center No. 000670409010, and Contract No. C017606. It was the consensus of the City Council that the recommendations be adopted. At this time, Mayor Bolen excused himself from the Council Chamber and Mayor Pro tempore Gilley assumed the chair. Mrs. Sonja Boaz Mrs. Sonja Boaz, 515 Harmon Road, Saginaw, 76179, appeared before the City Council re Airport and expressed opposition to the establishment of the Airport Development Zone which Development Zone includes her property adjacent to Alliance Airport and stated that, in her opinion, homeowners in the Airport Development Zone are due adequate compensation for land and improvements and questioned when and who will compensate the homeowners for their property due to the zoning restrictions, safety, and noise level from the Alliance Airport. Mrs. Boaz was advised that the City will investigate the matter. Mrs. Debbie Nowell Mrs. Debbie Nowell, 525 Harmon Road, Saginaw, appeared before the City Council and re the environmen advised the City Council that, in her opinion, the environmental study for Alliance tai study for Airport was not adequate; the sound study was not accurate; and expressed her concerns Ai'aiance Airport regarding low flying aircraft and extreme noise due to Southwest Airlines flying at night. Executive session It was the consensus of the City Council that the City Council meet in closed or executive session to receive the advice of its attorney concerning the following matters: (a) Tarrant County Mayor's Council, et al v. City of Fort Worth, Cause No. 236-130173-90; (b) City of Arlington v. City of Fort Worth, Cause No. 348-118909-89; (c) Appeal by City of Arlington of Sewer Rates set by City of Fort Worth, Docket No. 8291-A; (d) Trinity Housing Finance Corporation, Mutlifamily Housing Revenue Bonds, Series 1983B ($9,200,000); Series 1985 ($27,000,000); (e) City of Fort Worth v. R.B. Williams, et al, Cause No. C-9596, Supreme Court of Texas; (f) Legal issues relating to proposed contract with the Fort Worth Zoo Association for operational services at the Fort Worth Zoo (M&C C-12552) as authorized by Section 2(e), Article 6252-17, V.A.C.S., the Texas Open Meeting Act. The City Council reconvened into regular session with all members present. Adjourned 11 There being no further business, the meeti CITY SECRETARY Minutes of City Council Q-3 Page 288