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HomeMy WebLinkAbout1990/11/27-Minutes-City Council4, 33 CITY COUNCIL MEETING Council met On the 27th day of November, A.D., 1990, the City Council of the City of Fort (Worth, Texas, met in regular session, with the following members and officers present, to -wit: Members present Mayor Bob Bolen; Mayor Pro tempore Garey W. Gilley; Council Members Louis J. Zapata, William N. Garrison, Kay Granger, Eugene McCray, Bill Meadows, Virginia Nell Webber, and David Chappell; City Manager David Ivory; City Attorney Wade Adkins; City Secretary Ruth Howard; with more than a quorum present, at which time the following business was transacted: Invocation 11 City Secretary Howard gave the Invocation. Pledge of The Pledge of Allegiance was recited. Allegiance Minutes of November, On motion of Mayor Pro tempore Gilley, seconded by Council Member Webber, the 20, 1990 approved minutes of the meeting of November 20, 1990, were approved. Mr. Ernest Wagner, Mr. Ernest Wagner, Director of Germany Police and Trier Police Band, appeared Director of German before City Council and presented a gift to the Mayor and the Trier, Germany Volunteer Police and Trier Police Band were presented Memorial Pins. Police Band Certificate of A Certificate of Achievement for Community Services was presented to Council Achievement for Member Louis J. Zapata by Shirley Bransom, Tech Ex's Association. Community Services of Cojnciiman Mr. Richard Millsap introduced the Texas Christian University and the University Zapata of Texas at Arlington Government Classes. Mr. Richard Millsa TCU and UTA govern City Manager Ivory requested that Mayor and Council Communications No. P-4596 and ment classes P-4600 be withdrawn from the consent Agenda. Withdrew MU'C P-459 and P-4600 from Council Member Zapata requested that Mayor and Council Communication No. P-4601 be consent agenda withdrawn from the consent agenda. . Withdrew M&C P-460 from consent agenda Council Members Garrison and Meadows requested that Mayor and Council Withdrew M&C Communication No. L-10324 be withdrawn from the consent agenda. L-10324 from conse t agenda Council Member Webber requested that Mayor and Council Communication No. C-12620 Withdrew M&C be withdrawn from the consent agenda. C-12620 Withdrew M&C Council Member Chappell requested that Mayor and Council Communication No. C-12624 �be C-12624 withdrawn from the consent agenda. Withdrawn from 11 City Manager Ivory requested that Mayor and Council Communication No. G-8929 be agenda M&C G-8929 11withdrawn from the agenda. Council Member Chappell advised the City Council that City Attorney Adkins has advised him that he does not have a conflict of interest with voting on Mayor and Council Communications No. G-8921, Resolution approving SDHPT Minute Order No. 90822 for construction of Rosedale Street (Loop 496) from Forest Park Boulevard to IH 35W, Mayor and Council Communications No. G-8922, Resolution approving SDHPT Minute Order No. 90823, for construction of Rosedale Street (Loop 496) from IH35W to US287, and Mayor and Council Communications No. G-8923, Resolution approving SDHPT Minute Order No. 90824, for construction of Vickery Boulevard from South Main (Loop 496) to Martin Luther King Freeway U.S. 287. Consent agenda On motion of Mayor Pro tempore Gilley, seconded by Council Member McCray, the apporved as amende consent agenda, as amended, was approved. Nominated Dorthy Council Member Webber nominated Dorthy Scott for membership on the Park and Scott on the Park Recreation Advisory Board and made a potion, seconded by Council Member Meadows, that and Recreation Dorthy Scott be appointed to Place No. 8 on the Park and Recreation Advisory Board for Advisory Board term of office expiring October 1, 1992, and, when the motion was put to vote by the Mayor, it prevailed unanimously. Changes on member- ships on Board and Commissions be cont. until the conclusion of the executive session. PI&C OCS-211 Claims Floyd D. Meredith, Jr. Mayor Pro tempore Gilley made a motion, seconded by Council Member Granger, that consideration of Changes in Membership on Board and Commissions be continued until the conclusion of the executive session. There was presented Mayor and Council Communication No. OSC-211 from the City Secretary submitting to the City Council notices of claims for alleged damages and/or injuries and recommending that the notices of claims for alleged damages and/or injuries be referred to the Risk Management Department, as follows: 1. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Floyd D. Meredith, Jr. November 15, 1990 August 29, 1990 Savage Drive and Oak Grove Road $3,500.00 - $4,000.00 Alleges injuries sustained allegedly as the result of being beaten by police officers. Minutes of City Council Q-3 Page 435 �y 4 r` t I R OL :! TUESDAY, NOVEMBER 27, 1990 State Farm Insur- 2. Claimant: State Farm Insurance Companies (La Shinda ance Companies Johnson) (La Shi nda Johnson) Date Received: November 15, 1990 Date of Incident: October 8, 1990 Location of Incident: 2215 Huntington Estimate of Damages/ Injuries: $1,540.84 Nature of Incident: Seeks reimbursement of funds expended on behalf of insured - John and Mary Esch Juanita Loftin 3. Claimant: Juanita Loftin Date Received: November 15, 1990 Date of Incident: November 3, 1990 Location of Incident: Silver Sage and Western Center Estimate of Damages/ Injuries: Undeclared Nature of Incident: Alleges damages to vehicle as the result of street cave-in. Tilton R. Clark 4. Claimant: Tilton R. Clark Date Received: November 16, 1990 Date of Incident: Undeclared Location of Incident: 4116 So. Edgewood Terrace Estimate of Damages/ Injuries: $45.00 - $90.00 Nature of Incident: Seeks reimbursement for having main sewer line of City cleaned out. Mrs. Pearl Taylor 5. Claimant: Mrs. Pearl Taylor Date Received: November 16, 1990 Date of Incident: July 2, 1990 Location of Incident: 1440 Eagle Drive Estimate of Damages/ Injuries: Undeclared Nature of Incident: Alleges damages to property as the result of city repairing sewer line. Farmers Insurance 6. Claimant: Farmers Insurance Group Group Date Received: November 16, 1990 Date of Incident: October 27, 1990 Location of Incident: Undeclared Estimate of Damages/ Injuries: Undeclared Nature of Incident: Seeks reimbursement of funds expended on behalf of insured, Charles Valdez Richard L. Yaws 7. Claimant: Richard L. Yaws Date Received: November 19, 1990 Date of Incident: Undeclared Location of Incident: 1000 Taylor St and 400 W. 13th Street Estimate of Damages/ Injuries: $803.17 - $807.11 Nature of Incident: Alleges damages caused by accident involving City -owned vehicle Marvin A. Beleck 8. Claimant: Marvin A. Beleck Date Received: November 19, 1990 Date of Incident: September 1, 1990 Location of Incident: 4304 Westdale Estimate of Damages/ Injuries: $250.00 Nature of Incident: Alleges damages to residence allegedly as the result of a water main break Cheryl D. Murdock 9. Claimant: Cheryl D. Murdock Date Received: November 19, 1990 Date of Incident: November 3, 1990 Attorney: Joe W. Byrd Location of Incident: Undeclared Estimate of Damages/ Injuries: Undeclared Nature of Incident: Alleges injuries sustained as the result of a vehicular accident involving a City -owned vehicle Patricia M. Grisaf 10. Claimant: Patricia M. Grisafi Date Received: November 19, 1990 Date of Incident: Undeclared Location of Incident: 7th and Lamar Estimate of Damages/ Injuries: $30.00 Nature of Incident: Alleges injuries sustained as the result of a fall allegedly caused by a shoe heel getting caught or stuck in a hole Minutes of City Council Q-3 Page 436 437 .: James Andrew Moody 11. Cl aimant: James Andrew Moody Date Received: November 20, 1990 Date of Incident: November 5, 1990 Location of Incident: 1000 Taylor and 400 W. 13th Street Estimate of Damages/ Injuries: Undeclared Nature of Incident: Alleges damages sustained as the result of a vehicular accident involving a City -owned vehicle OCS-211 adopted It was the consensus of the City Council that the recommendation be adopted. OCS-212 Correspon- There was presented Mayor and Council Communication No. OCS-212 from the City dence Mc eWalter !! Secretary referring to the City Council correspondence received from Mr. Walter W. Leonard repr_esen- Leonard, representing the Ridglea Baptist Church, requesting that the City Council ting the Ridglea approve the request of Ridglea Baptist Church for the vacation of the 2700 block of Baptist Church was Winthrop Avenue (Lots 20 and 21, Block 3, Chamberlin Arlington Addition and Lots 1 and referred to the 14, Block 1A, Ridglea North Addition), City Planning Commission Case No. V-90-23. It Office of the City was the consensus of the City Council that the correspondence be referred to the Office Manager of the City Manager. BH -0038 - Hutchi n- It appearing to the City Council that the City Council on October 30, 1990, set son Avenue from today as the date for the benefit hearing in connection with the assessment paving of Dewey Street to Hutchinson Avenue from Dewey Street to Diamond Road and that notice of the hearing has Diamond Road been given by publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public re BH -0038 Works, appeared before the City Council and called attention of the City Council to Mayor and Council Communication No. BH -0038, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF HUTCHINSON AVENUE FROM DEWEY STREET TO DIAMOND ROAD (PROJECT NO. 67-040173) RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abutting property is specially benefited in enhanced value in excess of the amount assessed for the improvement of Hutchinson Avenue from Dewey Street to Diamond Road. DISCUSSION: The 1986 Capital Improvement Program approved in March, 1986 included funds for the improvement of Hutchinson Avenue from Dewey Street to Diamond Road. The existing street is a substandard HMAC pavement section with some curb and gutter. It is located in the Diamond Hill Target Area, and Community Development Block Grant (CDBG) funds will finance a portion of the cost. On October 30, 1990 (M&C G-8886), the City Council established November 27, 1990, as the date of the benefit hearing. Notices have been given in accordance with Article 11O5b, Vernon's Annotated Civil Statutes. The project is located in Council District 2. PROPOSED IMPROVEMENTS: It is proposed to improve this segment of Hutchinson Avenue by constructing a standard concrete pavement section with curb on a lime stabilized subgrade. The finished roadway will be thirty feet wide on a variable width right-of-way. Standard driveway approaches and sidewalks will be constructed as shown on the plans. Drainage structures will be installed as necessary. ASSESSMENTS: This street has not previously been constructed to located in a CDBG Target Area; therefore, in accordance Paving Policy, properties zoned and used for one- and are not being assessed. Minutes of City Council Q-3 Page 437 City standards and is with the Assessment two-family residences 1138 BH -0038 cant. re An independent appraiser has advised the staff as to the amount of Hutchinson Avenue enhancement to property values that will result from the proposed from Dewey Street improvements. Based on standard City policy, the City Engineer's estimate and to Diamond Road the advice of the independent appraiser, the cost of the construction has been computed at $4,400.00 (2%) for the property owners and $275,671.00 (98%) for the City of Fort Worth at large. 0415-55-72 The independent appraisal substantiates that, as a result of the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment. UNUSUAL SITUATIONS: There are no unusual situations on this project which require special Council consideration. Mrs. Lunday advised the City Council that Mr. Robert Martin, Independent appraiser, has been called to Court but would be available for questioning at a later time in the Council Meeting. Mrs. Lo uine M. Mrs. Louine M. Pond, 3051 Hutchinson Avenue, owner of Lot 2, Block 20, J.M. Moody, Pond re BH -0038 Subdivision, which property abuts Hutchinson Avenue from Dewey Street to Diamond Road, appeared before the City Council and expressed oppsition to the assessment of $600.00 against her property. Mr. Gary Santerre Mr. Gary Santerre, Director of the Department of Transportation and Public Works, re BH -0038 appeared before the City Council and advised the City Council that Mrs. Ponds property is a fenced vacant lot which is part of her yard, but it is considered a separate lot and it must be assessed accordingly. There being no one else present desiring to be heard in connection which the assessment paving of Hutchinson Avenue from Dewey Street to Diamond Road, Council Member Chappell made a motion, seconded by Council Member Garrison, that the hearing be closed and that the recommendation, as contained in Mayor and Council Communciation No. BH -0038, be adopted. When the motion was put to vote by the Mayor, it prevailed unanimously. Introduced an Council Member Chappell introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Garrison. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Meadows, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10733 10733 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF HUTCHINSON AVENUE, FROM DEWEY STREET TO DIAMOND ROAD AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING TO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. N &C G-8917 re There was presented Mayor and Council Communication No. G-8917 from the City refund of tax Manager recommending that accounts totalling $2,161.03 be authorized for refund because overpayment of erroneous payment or overpayments of taxes, as follows: ACCOUNT NO. LEGAL DESCRIPTION NAME AMOUNT 0229-86-19 Lot 3 Block 34 Newcomer, Clyde $1,056.11 1990 Taxes Queensboro Addition (City & School) Overpayment 0415-55-72 AB 1375 Tract 44AO5A Ingraham, Howard $1,104.92 1989 Taxes Shelby County School Land Survey (City Only) Taxes Paid Twice) ACCOUNT TOTALS $(2,161.03) Minutes of City Council Q-3 Page 438 433 TUESDAY NOVEMBER 27 1990 M&C G-8917 cont. re refund of tax It was further recommended that payments be made from General Fund GG01, Center No. overpayment 0134020, Revenue Collection, and that the refund will be made from Account No. 411012. It was the consensus of the City Council that the recommendation be adopted. M&C G-8918 re There was presented Mayor and Council Communication No. G-8918 from the City Manager disposal .of:.:::�c r: w recommending that approval be given for the disposal of secondary employment records Secondary Employ- for the period of 1982 through 1987 of the Police Department. It was the consensus of ment Records be- the City Council that the recommendation be adopted. longing to the Police Department There was presented Mayor and Council Communication No. G-8919 from the City M&C G-8919 re Manager stating that Mr. John J. Burgess, Jr., Consulting Engineer for Fine Line, Inc., consent agreement requested the temporary closure of Third Street between Throckmorton and Houston for temporary use Streets by Mayor and Council Communication No. G-8144 on August 1, 1989; that the of public property closure and contract were approved; that encroachment fees were estimated to be $287.82 for temporary clos per day over the life of the project but, due to the large amount of sidewalk and ure for all of street area required and the large amount of time (one and one-half, est.), the Third Street be- developer requested a lower rate $143.91 per day; that staff recommends the lower rate tween Throckmorton be approved only for this project; and recommending that the City Manager or his and Houston Street designee be authorized to enter into a Consent Agreement for Temporary Use of Public Property, such Agreement permitting the continuance of temporary closure of all of Third Street between Throckmorton and Houston Streets. It was the consensus of the City Council that the recommendation be adopted. M&C G-8920 re There was presented Mayor and Council Communication No. G-8920 from the City amending Section Manager recommending that ordinances be adopted amending Section 20-67 and Section 20-67 providing 20-96 of the Code of the City of Fort Worth to provide for one year pool hall and dance for duration of hall licenses valid from the date of issuance. It was the consensus of the City Dance Hall License Council that the recommendation be adopted. Introudced an 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 ordinance was read by the City Secretary. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: The ordinance, as adopted, is as follows: Ordinance No.II ORDINANCE NO. 10734 10734 AN ORDINANCE AMENDING CHAPTER 20 ("LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS") OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY AMENDING ARTICLE II ("AMUSEMENTS"), DIVISION 4 ("DANCE HALLS"), SECTION 20-67 ("SAME - DURATION; REFUND POLICY"), PROVIDING THAT DANCE HALL LICENSES SHALL BE VALID FOR A PERIOD OF ONE YEAR FROM THE DATE OF ISSUE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. THAT Section 20-67 of Chapter 20 of the Code of the City of Fort Worth, Texas (1986), as amended, is amended and, after such amendment, shall read as follows: "Sec. 20-67. Same - Duration; refund policy. "All dance hall licenses shall be valid for a period of one year from the date of issue. There shall be no refund of any license fee paid under this division for any cause whatsoever." SECTION 6. This ordinance shall take effect and be in full force and effect from and after its passage, and it is so ordained. Introduced an 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 ordinance was read by the City Secretary. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Meadows, Webber, and Chappell NOES: None ABSENT: None Minutes of City Council Q-3 Page 439 4,10 TUESDAY, NOVEMBER 27, 1990 The ordinance, as adopted, is as follows: Ordinance No. II ORDINANCE NO. 10735 10735 AN ORDINANCE AMENDING CHAPTER 20 ("LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS") OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY AMENDING ARTICLE II ("AMUSEMENTS"), DIVISION 5 ("POOL HALLS"), SECTION 20-96 ("SAME - DURATION; REFUND POLICY"), PROVIDING THAT POOL HALL LICENSES SHALL BE VALID FOR A PERIOD OF ONE YEAR FROM THE DATE OF ISSUE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. THAT Section 20-96 of Chapter 20 of the Code of the City of Fort Worth, Texas (1986), as amended, is amended and, after such amendment, shall read as follows: "Sec. 20-96. Same - Duration; refund policy. "All licenses issued under this division shall be valid for a period of one year from the date of issue. There shall be no refund of any license fee paid under this division for any cause whatsoever." 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-8921 re There was presented Mayor and Council Communication No. G-8921 from the City SDHPT Minute Manager, as follows: Order No. 90822 SUBJECT: RESOLUTION APPROVING SDHPT MINUTE ORDER NO. 90822 FOR CONSTRUCTION for construction OF ROSEDALE STREET (LOOP 496 ) FROM FOREST PARK BOULEVARD TO IH 35W of Rosedale Stree ( Loop 496 ) from RECOMMENDATION: Forest Park Bou'je vard to IH 35W It is recommended that the City Council adopt the attached resolution accepting the provisions of State Department of Highways and Public Transportation Commission Minute Order 90822 providing for the construction of Rosedale Street (Loop 496) from Forest Park Boulevard to IH 35W. BACKGROUND: The State Department of Highways and Public Transportation (SDHPT) has made funds available for matching contributions from metropolitan transit authorities for joint financing of urban thoroughfare improvements under the Principal Arterial Street System (PASS) program. This program provides funding in addition to the City's regular PASS authorizations. It requires a fifty-fifty cost sharing. In order to take advantage of this program, the Fort Worth Transportation Authority (FWTA) has committed $14.29 million over a five-year period (the maximum amount available to Fort Worth over this time period). Projects have been proposed which could be widened for increased street capacity to reduce congestion both on the project streets and on other nearby congested streets. The highest priorities were given by the FWTA to Rosedale from Forest Park Boulevard to US 287 and to Vickery from South Main to US 287, and these streets have been accepted for construction by the SDHPT. The FWTA contribution toward these projects is being paid to the City over a five-year period, which began in October, 1988. In order to maximize its utility, this money is used by the City for contract street maintenance which cannot otherwise be financed from capital improvement bonds, and an equal amount of street bond funds will be used for matching the State funding for the PASS projects. This provides the citizens of Fort Worth with about $14 million worth of street maintenance and $28 million worth of street reconstruction for about $14 million in total City participation. Since the Minutes of City Council Q-3 Page 440 411 TUESDAY, NOVEMBER 27, 1990 M&C G-8921 cont. City has assumed FWTA's obligation to fund these PASS improvements by virtue re SDHPT MInute of FWTA's annual payments, this project will be included in the next bond Order No. 90822 election. for construction of roseda'ie Street PROPOSED MINUTE ORDER: (Loop 496) from Forest Park Bou i e- Minute Order 90822 provides for the improvement of Rosedale (a part of which vard to IH 35W has been designated as Loop 496) from Forest Park Boulevard to IH 35W, a total of approximately 1.8 miles. The project will consist of the widening of the street from a four lane undivided street to a six -lane divided arterial thoroughfare. Existing railroad underpasses will be reconstructed, and an existing overpass will be widened. Under the minute order, the City of Fort Worth and the FWTA responsibilities are as follows: 1. To provide fifty percent of the cost of right-of-way, clear of obstructions. 2. To provide fifty percent of the cost of eligible utility adjustments as may be required. 3. To provide fifty percent of the cost of relocation assistance for this project. 4. To provide fifty percent of the cost of the construction for the project. 5. Upon completion of the construction, to maintain that portion of the work which is its responsibility and to regulate traffic and prevent encroachment on the right-of-way. In its agreement with FWTA, the City will take sole responsibility for the maintenance of the improvements. PROJECT COST AND FINANCING: No funds are required at this time. After the SDHPT prepares plans, specifications, and cost estimates for this project, performs an environmental review of the project, and conducts public hearings, the City will be advised of its share of the cost. At that time, authorization will be sought from the City Council to proceed with the project and to expend funds. M&C G-8921 It was the consensus of the City Council that the recommendation, as contained in Mayor adopted and Council Communication No. G-8921, be adopted. Introduced a.: Mayor Pro tempore Gilley introduced a resolution and made a motion that it be Res olu do n adopted. The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Meadows, Webber, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1690 1590 RESOLUTION ACCEPTING THE PROVISIONS OF STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION MINUTE ORDER THE STATE OF TEXAS ) Fort Worth, Texas COUNTY OF TARRANT ) November 27, 1990 MOTION was made by Mayor Pro tempore Gilley and seconded by Council Member McCray that the City Council of the City of Fort Worth, Texas accept the provisions contained in Minute Order 90822 passed by the State Department of Highways and Public Transportation Commission on September 26, 1990, for the improvement by the State Department of Highways and Public Transportation of the project described below: ROSEDALE STREET (LOOP 496) FROM FOREST PARK BOULEVARD TO IH 35W STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MINUTE ORDER Minutes of City Council Q-3 Page 441 TUESDAY, NOVEMBER 27, 1990 Resolution No. 1690 cont. WHEREAS, the State Highway and Public Transportation Commission (the "Commission") adopted a Resolution dated December 22, 1987 whereby they applauded and commended Houston Metro for taking a bold step to assist the State Department of Highways and Public Transportation (the "Department") by dedicating 25 percent of their revenues from sales tax collections to enhance the overall mobility of the area by improving urban thoroughfares in Houston; and WHEREAS, the Commission also resolved to expand the Principal Arterial Street System Program to provide additional financing as an incentive to encourage metropolitan transit authorities to provide matching funds; and WHEREAS, the Commission further resolved that metropolitan transit authorities throughout the State be encouraged to take similar steps to assist urban residents in enhancing overall mobility and to strengthen their partnership role with the state, county, and city entities to solve the pressing problems of urban mobility; and WHEREAS, The City of Fort Worth and the Fort Worth Transportation Authority have contacted the Department regarding these matching funds and are requesting the following project; and, WHEREAS, in TARRANT COUNTY in the City of Fort Worth on ROSEDALE STREET AND STATE HIGHWAY LOOP 496 from Forest Park Boulevard east to interstate Highway 35W, a distance of approximately 1.8 miles, the City of Fort Worth and the Fort Worth Transportation Authority have requested a project to widen the existing four -lane facility to a six -lane divided arterial, reconstruct four railroad structures to provide adequate horizontal and vertical clearance, and widen an existing railroad overpass; NOW, THEREFORE, IT IS ORDERED, that the Engineer -Director is hereby directed to tender the following proposal to the City of Fort Worth and the Fort Worth Transportation Authority: Provided the City of Fort Worth and the Fort Worth Transportation Authority will. 1. Provide fifty percent of the cost of right-of-way clear of obstructions with acquisition procedures to be in accordance with policies of the State Department of Highways and Public Transportation and with applicable Federal and State laws governing the acquisition policies for acquiring real property. 2. Provide fifty percent of the cost of eligible utility adjustments as may be required in accordance with policies of the State Department of Highways and Public Transportation. 3. Provide fifty percent of the cost of relocation assistance for this project. 4. Provide fifty percent of the cost of construction for the project. 5. Upon completion of the construction of this project, maintain that portion of the work which is its responsibility in accordance with Federal and State requirements, and agree to regulate traffic and prevent encroachment on the right-of-way, all in accordance with governing policies and regulations of the State Department of Highways and Public Transportation as outlined in an executed Municipal Maintenance Agreement. The State Department of Highways and Public Transportation will: 1. Provide fifty percent of the cost of right-of-way clear of obstructions with acquisition procedures to be in accordance with policies of the State Department of Highways and Public Transportation and with applicable Federal and State laws governing the acquisition policies for acquiring real property. 2. Provide fifty percent of the cost of eligible utility adjustments as may be required in accordance with policies of the State Department of Highways and Public Transportation. 3. Provide fifty percent of the cost of relocation assistance for this project. 4. Provide fifty percent of the cost of construction for the project. 5. Maintain that portion of the work which is its responsibility in accordance with maintenance agreements. Minutes of City Council Q-3 Page 442 443 TUESDAY, NOVEMBER 27, 1990 esoiution No. Upon acceptance of the provisions of this Order by the City of Fort 690 cont. Worth and the Fort Worth Transportation Authority, IT IS FURTHER ORDERED that the above -referenced limits be and are hereby designated a part of the State Highway System as a PRINCIPAL ARTERIAL STREET; and IT IS FURTHER ORDERED that the Engineer -Director is hereby authorized to proceed in the most feasible and economical manner with project development to include any necessary agreements, right-of-way acquisition, utility adjustments, relocation assistance and construction at an estimated cost to the State of $7,985,500, which will be funded from the 1988-92 Urban System/Principal Arterial Street System Program (Major Urbanized Areas). This Order shall become operative upon acceptance by the City of Fort Worth and the Fort Worth Transportation Authority; and if not accepted within 90 days of the date hereof, the action herein contained shall be automatically canceled. 4&C G-8922 re There was presented Mayor and Council Communication No. G-8922 from the City SDHPT Minute Order Manager, as follows: No. 90823 for SUBJECT: RESOLUTION APPROVING SDHPT MINUTE ORDER NO. 90823 FOR CONSTRUCTION construction of OF ROSEDALE STREET (LOOP 496) FROM IH 35W to US 287 Rosedale Street ( Loop 496 ) from IH RECOMMENDATION: 35 to US 287 It is recommended that the City Council adopt the attached resolution accepting the provisions of State Department of Highways and Public Transportation Commission Minute Order 90823 providing for the construction of Rosedale Street (Loop 496) from IH 35W to US 287. BACKGROUND: The State Department of Highways and Public Transportation (SDHPT) has made funds available for matching contributions from metropolitan transit authorities for joint financing of urban thoroughfare improvements under the Principal Arterial Street System (PASS) program. This program provides funding in addition to the City's regular PASS authorizations. It requires a fifty-fifty cost sharing. In order to take advantage of this program, the Fort Worth Transportation Authority (FWTA) has committed $14.29 million over a five-year period (the maximum amount available to Fort Worth over this time period). Projects have been proposed which could be widened for increased street capacity to reduce congestion both on the project streets and on other nearby congested streets. The highest priorities were given by the FWTA to Rosedale from Forest Park Boulevard to US 287 and to Vickery from South Main to US 287, and these streets have been accepted for construction by the SDHPT. The FWTA contribution toward these projects is being paid to the City over a five-year period, which began in October, 1988. In order to maximize its utility, this money is used by the City for contract street maintenance which cannot otherwise be financed from capital improvement bonds, and an equal amount of street bond funds will be used for matching the State funding for the PASS projects. This provides the citizens of Fort Worth with about $14 million worth of street maintenance and $28 million worth of street reconstruction for about $14 million in total City participation. Since the City has assumed FWTA's obligation to fund these PASS improvements by virtue of FWTA's annual payments, this project will be included in the next bond election. PROPOSED MINUTE ORDER: Minute Order 90823 provides for the improvement of Rosedale (which has been designated as Loop 496) from I -35W to US 287, a total of 6,610 feet. The project will consist of the widening of the street from a four lane undivided street to a six -lane divided arterial thoroughfare. An existing railroad underpass will be reconstructed. Under the minute order, the City of Fort Worth and the FWTA responsibilities are as follows: 1. To provide fifty percent of the cost of right-of-way, clear of obstructions. 2. To provide fifty percent of the cost of eligible utility adjustments as may be required. 3. To provide fifty percent of the cost of relocation assistance for this project. Minutes of City Council Q-3 Page 443 444 M&C G-8922 cont. re SDHPT minute 4. To provide fifty percent of the cost of the construction for the order No. 90823 project. for construction of Rosedale Streel 5. Upon completion of the construction, to maintain that portion of ( Loop 496 ) from the work which is its responsibility and to regulate traffic and IH 35W to US287 prevent encroachment on the right-of-way. In its agreement with FWTA, the City will take sole responsibility for the maintenance of the improvements. PROJECT COST AND FINANCING: No funds are required at this time. After the SDHPT prepares plans, specifications, and cost estimates for this project, performs an environmental review of the project, and conducts public hearings, the City will be advised of its share of the cost. At that time, authorization will be sought from the City Council to proceed with the project and to expend funds. M&C G-8922 a dop todl It was the consensus of the City Council that the recommend ati onas contained in Mayor land Council Communication No. G-8922, be adopted. Introduced a resolution Mayor Pro tempore Gilley introduced a resolution and made a motion that it be adopted. The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Meadows, Webber, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: Resolution No.II RESOLUTION NO. 1691 1691 RESOLUTION ACCEPTING THE PROVISIONS OF STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION MINUTE ORDER THE STATE OF TEXAS ) COUNTY OF TARRANT Fort Worth, Texas November 27, 1990 MOTION was made by Mayor Pro tempore Gilley and seconded by Council Member McCray that the City Council of the City of Fort Worth, Texas accept the provisions contained in Minute Order 90823 passed by the State Department of Highways and Public Transportation Commission on September 26, 1990, for the improvement by the State Department of Highways and Public Transportation of the project described below: ROSEDALE STREET (LOOP 496) FROM IH35W TO U.S. 287 STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MINUTE ORDER WHEREAS, the State Highway and Public Transportation Commission (the "Commission") adopted a Resolution dated December 22, 1987 whereby they applauded and commended Houston Metro for taking a bold step to assist the State Department of Highways and Public Transportation (the "Department") by dedicating 25 percent of their revenues from sales tax collections to enhance the overall mobility of the area by improving urban thoroughfares in Houston; and WHEREAS, the Commission also resolved to expand the Principal Arterial Street System Program to provide additional financing as an incentive to encourage metropolitan transit authorities to provide matching funds; and WHEREAS, the Commission further resolved that metropolitan transit authorities throughout the State be encouraged to take similar steps to assist urban residents in enhancing overall mobility and to strengthen their partnership role with the state, county, and city entities to solve the pressing problems of urban mobility; and WHEREAS, The City of Fort Worth and the Fort Worth Transportation Authority have contacted the Department regarding these matching funds and are requesting the following project; and Minutes of City Council Q-3 Page 444 443 TUESDAY, NOVEMBER 27, 1990 __- Resolution No. WHEREAS, in TARRANT COUNTY in the City of Fort Worth on STATE HIGHWAY 1691 cont. LOOP 496 AND ROSEDALE STREET from Interstate Highway 35W east to U.S. Highway 287, a distance of approximately 1.3 miles, the City of Fort Worth and the Fort Worth Transportation Authority have requested a project to widen the existing four -lane facility to a six -lane divided arterial, and to reconstruct one railroad structure to provide adequate horizontal and vertical clearance; and NOW, THEREFORE, IT IS ORDERED, that the Engineer -Director is hereby directed to tender the following proposal to the City of Fort Worth and the Fort Worth Transportation Authority: Provided the City of Fort Worth and the Fort Worth Transportation Authority will: 1. Provide fifty percent of the cost of right -of -way clear of obstructions with acquisition procedures to be in accordance with policies of the State Department of Highways and Public Transportation and with applicable Federal and State laws governing the acquisition policies for acquiring real property. 2. Provide fifty percent of the cost of eligible utility adjustments as may be required in accordance with policies of the State Department of Highways and Public Transportation. 3. Provide fifty percent of the cost of relocation assistance for this project. 4. Provide fifty percent of the cost of construction for the project. 5. Upon completion of the construction of this project, maintain that portion of the work which is its responsibility in accordance with Federal and State requirements, and agree to regulate traffic and prevent encroachment on the right-of-way, all in accordance with governing policies and regulations of the State Department of Highways and Public Transportation as outlined in an executed Municipal Maintenance Agreement. The State Department of Highways and Public Transportation will: 1. Provide fifty percent of the cost of right-of-way clear of obstructions with acquisition procedures to be in accordance with policies of the State Department of Highways and Public Transportation and with applicable Federal and State laws governing the acquisition policies for acquiring real property. 2. Provide fifty percent of the cost of eligible utility adjustments as may be required in accordance with policies of the State Department of Highways and Public Transportation. 3. Provide fifty percent of the cost of relocation assistance for this project. 4. Provide fifty percent of the cost of construction for the project. 5. Maintain that portion of the work which is its responsibility in accordance with maintenance agreements. Upon acceptance of the provisions of this Order by the City of Fort Worth and the Fort Worth Transportation Authority, IT IS FURTHER ORDERED that the above -referenced limits be and are hereby designated a part of the State Highway System as a PRINCIPAL ARTERIAL STREET; and IT IS FURTHER ORDERED that the Engineer -Director is hereby authorized to proceed in the most feasible and economical manner with project development to include any necessary agreements, right-of-way acquisition, utility adjustments, relocation assistance and construction at an estimated cost to the State of $4,589,500, which will be funded from the 1988-92 Urban System/Principal Arterial Street System Program (Major Urbanized Areas). This Order shall become operative upon acceptance by the City of Fort Worth and the Fort Worth Transportation Authority; and if not accepted within 90 days of the date hereof, the action herein contained shall be automatically canceled. It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. G-8922, be adopted. Minutes of City Council Q-3 Page 445 ,1'16 M&C G:-8923 re. Approving.SDHPT minute Order No. 90824 for construc tion of Vickery Blvd. from South Main (Loop 496) to Martin Luther King Freeway (US 287) TUESDAY, NOVEMBER 27, 1990 There was presented Mayor and Council Communication No. G-8923 from the City Manager, as follows: SUBJECT: RESOLUTION APPROVING SDHPT MINUTE ORDER NO. 90824 FOR CONSTRUCTION OF VICKERY BOULEVARD FROM SOUTH MAIN (LOOP 496) TO MARTIN LUTHER KING FREEWAY (US 287) RECOMMENDATION: It is recommended that the City Council adopt the attached resolution accepting the provisions of State Department of Highways and Public Transportation Commission Minute Order 90824 providing for the construction of Vickery Boulevard from South Main (Loop 496) to the Martin Luther King Freeway (US 287). RACKGR0IINDr The State Department of Highways and Public Transportation (SDHPT) has made funds available for matching contributions from metropolitan transit authorities for joint financing of urban thoroughfare improvements under the Principal Arterial Street System (PASS) program. This program provides funding in addition to the City's regular PASS authorizations. It requires a fifty-fifty cost sharing. In order to take advantage of this program, the Fort Worth Transportation Authority (FWTA) has committed $14.29 million over a five-year period (the maximum amount available to Fort Worth over this time period). Projects have been proposed which could be widened for increased street capacity to reduce congestion both on the project streets and on other nearby congested streets. The highest priorities were given by the FWTA to Rosedale from Forest Park Boulevard to US 287 and to Vickery from South Main to US 287, and these streets have been accepted for construction by the SDHPT. The FWTA contribution toward these projects is being paid to the City over a five-year period, which began in October, 1988. In order to maximize its utility, this money is used by the City for contract street maintenance which cannot otherwise be financed from capital improvement bonds, and an equal amount of street bond funds will be used for matching the State funding for the PASS projects. This provides the citizens of Fort Worth with about $14 million worth of street maintenance and $28 million worth of street reconstruction for about $14 million in total City participation. Since the City has assumed FWTA's obligation to fund these PASS improvements by virtue of FWTA's annual payments, this project will be included in the next bond election. PROPOSED MINUTE ORDER: Minute Order 90824 provides for the improvement of Vickery Boulevard from South Main Street (Loop 496) to US 287, a distance of 1.7 miles. The project will provide for the widening of the street to provide four through lanes and a continuous left -turn center lane. Under the minute order, the City of Fort Worth and the FWTA responsibilities are as follows: 1. To provide fifty percent of the cost of right-of-way, clear of obstructions; 2. To provide fifty percent of the cost of eligible utility adjustments as may be required; 3. To provide fifty percent of the cost of relocation assistance for this project; 4. To provide fifty percent of the cost of the construction for the project; and 5. Upon completion of the construction, to maintain that portion of the work which is its responsibility and to regulate traffic and prevent encroachment on the right-of-way. In its agreement with FWTA, the City will take sole responsibility for the maintenance of the improvements. PROJECT COST AND FINANCING: No funds are required at this time. After the SDHPT prepares plans, specifications, and cost estimates for this project, performs an environmental review of the project, and conducts public hearings, the City will be advised of its share of the cost. At that time, authorization will be sought from the City Council to proceed with the project and to expend funds. M&C G-8923 adopted ll It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. G-8923, be adopted. Minutes of City Council Q-3 Page 446 TUESDAY, NOVEMBER 27, 1990 Introduced a Resolution Mayor Pro tempore Gilley introduced a resolution and made a motion that it be adopted. The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Meadows, Webber, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1692 1692 RESOLUTION ACCEPTING THE PROVISIONS OF STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION MINUTE ORDER THE STATE OF TEXAS ) Fort Worth, Texas COUNTY OF TARRANT ) November 27, 1990 MOTION was made by Mayor Pro tempore Gilley and seconded by Council Member McCray that the City Council of the City of Fort Worth, Texas accept the provisions contained in Minute Order 90824 passed by the State Department of Highways and Public Transportation Commission on September 26, 1990, for the improvement by the State Department of Highways and Public Transportation of the project described below: VICKERY BOULEVARD FROM SOUTH MAIN (LOOP 496) TO MARTIN LUTHER KING FREEWAY U.S. 287 STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MINUTE ORDER WHEREAS, the State Highway and Public Transportation Commission (the "Commission") adopted a Resolution dated December 22, 1987 whereby they applauded and commended Houston Metro for taking a bold step to assist the State Department of Highways and Public Transportation (the "Department") by dedicating 25 percent of their revenues from sales tax collections to enhance the overall mobility of the area by improving urban thoroughfares in Houston; and WHEREAS, the Commission also resolved to expand the Principal Arterial Street System Program to provide additional financing as an incentive to encourage metropolitan transit authorities to provide matching funds; and WHEREAS, the Commission further resolved that metropolitan transit authorities throughout the State be encouraged to take similar steps to assist urban residents in enhancing overall mobility and to strengthen their partnership role with the state, county, and city entities to solve the pressing problems of urban mobility; and WHEREAS, The City of Fort Worth and the Fort Worth Transportation Authority have contacted the Department regarding these matching funds and are requesting the following project; and, WHEREAS, in TARRANT COUNTY in the City of Fort Worth on VICKERY BOULEVARD from State Highway Loop 496 east to U.S. Highway 287, a distance of approximately 1.7 miles, the City of Fort Worth and the Fort Worth Transportation Authority have requested a project to widen the existing four -lane undivided facility to a four -lane divided arterial with a continuous left turn lane; NOW, THEREFORE, IT IS ORDERED, that the Engineer -Director is hereby directed to tender the following proposal to the City of Fort Worth and the Fort Worth Transportation Authority: Provided the City of Fort Worth and the Fort Worth Transportation Authority will: 1. Provide fifty percent of the cost of right-of-way clear of obstructions with acquisition procedures to be in accordance with policies of the State Department of Highways and Public Transportation and with applicable Federal and State laws governing the acquisition policies for acquiring real property. Minutes of City Council Q-3 Page 447 TUESDAY, NOVEMBER 27, 1990 Resolution No. 2. Provide fifty percent of the cost of eligible utility adjustments as 1692 cont. may be required in accordance with policies of the State Department of Highways and Public Transportation. 3. Provide fifty percent of the cost of relocation assistance for this project. 4. Provide fifty percent of the cost of construction for the project. 5. Upon completion of the construction of this project, maintain that portion of the work which is its responsibility in accordance with Federal and State requirements, and agree to regulate traffic and prevent encroachment on the right-of-way, all in accordance with governing policies and regulations of the State Department of Highways and Public Transportation as outlined in an executed Municipal Maintenance Agreement. The State Department of Highways and Public Transportation will: 1. Provide fifty percent of the cost of right-of-way clear of obstructions with acquisition procedures to be in accordance with policies of the State Department of Highways and Public Transportation and with applicable Federal and State laws governing the acquisition policies for acquiring real property. 2. Provide fifty percent of the cost of eligible utility adjustments as may be required in accordance with policies of the State Department of Highways and Public Transportation. 3. Provide fifty percent of the cost of relocation assistance for this project. 4. Provide fifty percent of the cost of construction for the project. 5. Maintain that portion of the work which is its responsibility in accordance with maintenance agreements. Upon acceptance of the provisions of this Order by the City of Fort Worth and the Fort Worth Transportation Authority, IT IS FURTHER ORDERED that the above -referenced limits be and are hereby designated a part of the State Highway System as a PRINCIPAL ARTERIAL STREET; and IT IS FURTHER ORDERED that the Engineer -Director is hereby authorized to proceed in the most feasible and economical manner with project development to include any necessary agreements, right-of-way acquisition, utility adjustments, relocation assistance and construction at an estimated cost to the State of $2,604,000, which will be funded from the 1988-92 Urban System/Principal Arterial Street System Program (Major Urbanized Areas). M&C G-8926 re There was presented Mayor and Council Communication No. G-8926 from the City emergency repairs Manager stating that, in response to a citizen's complaint about the presence of ground to Sanitary Sewer water near his underground gasoline storage tank at Jamie's Food Store on East lateral LH -8246 Lancaster, sewer lateral LH -8246 was televised and investigated and found to contain major defects including cracked and crushed pipe, misaligned joints, and swags; that, because of the severity of the potential damage, the Water Department requested authorization from the City Manager's Office to replace sewer lateral LH -8246 on an emergency basis and recommended Insituform Texark, Inc., perform the replacement work for an estimated cost of $30,000; and recommending that a fund transfer in the amount of $30,000.00 be approved by Water and Sewer Operating Fund PE45, Center No. 0709020, Sewer Capital Project to Sewer Capital Improvement Fund PS58, Center No. 070580171410, Minutes of City Council Q-3 Page 448 This Order shall become operative upon acceptance by the City of Fort Worth and the Fort Worth Transportation Authority; and if not accepted within 90 days of the date hereof, the action herein contained shall be automatically canceled. M&C G-8924 re There was presented Mayor and Council Communication No. G-8924 from the City authorized annual Manager recommending that payment in the amount of $7,192.00 be authorized to the dues for Fort Association of Metropolitan Sewerage Agencies (AMSA) for annual dues for the Fort Worth Worth Mater De- Water Department, with funds available in Water and Sewer Operating Fund PE45, Center partment to the No. 0701000, Account No. 539010. It was the consensus of the City Council that the Association- of recommendation be adopted. Metropolitan Sew- erage Agencies There was presented Mayor and Council Communication No. G-8925 from the City M&C G-8925 re Manager recommending that the City Manager be authorized to execute the work execute work au- authorization in accordance with AR3-3 for the replacement of 429 linear feet of thorization for 12 -inch and 290 linear feet of 8 -inch water main pipe by Water Department Field water main re- Operation crews in Jacqueline Road at Yolanda and in Yolanda at Azteca Drive for a placement in total estimated project cost of $58,713.71 with funds available in Water and Sewer Yolanda and Jacqu- Operating Fund PE45, Center No. 0607004, Account No. 541600. It was the consensus of eline Streets the City Council that the recommendation be adopted. M&C G-8926 re There was presented Mayor and Council Communication No. G-8926 from the City emergency repairs Manager stating that, in response to a citizen's complaint about the presence of ground to Sanitary Sewer water near his underground gasoline storage tank at Jamie's Food Store on East lateral LH -8246 Lancaster, sewer lateral LH -8246 was televised and investigated and found to contain major defects including cracked and crushed pipe, misaligned joints, and swags; that, because of the severity of the potential damage, the Water Department requested authorization from the City Manager's Office to replace sewer lateral LH -8246 on an emergency basis and recommended Insituform Texark, Inc., perform the replacement work for an estimated cost of $30,000; and recommending that a fund transfer in the amount of $30,000.00 be approved by Water and Sewer Operating Fund PE45, Center No. 0709020, Sewer Capital Project to Sewer Capital Improvement Fund PS58, Center No. 070580171410, Minutes of City Council Q-3 Page 448 4.19 TUESDAY, NOVEMBER 27, 1990 M&C G-8926 cont. Emergency Repair, Sanitary Sewer Lateral LH -8246, and that the City Manager be re emergency authorized to confirm the emergency repairs to Sanitary Sewer Lateral LH -8246. It was repairs to Sanitar the consensus of the City Council that the recommendations be adopted. ary Sewer Lateral LH -8246 There was presented Mayor and Council Communication No. G-8927 from the City M&C G-8927 re Manager recommending that the City Council give its consent to the City Manager to appointment of Mr. appoint Mr. John C. Rosemergy to Place 8 on the Plumbing Board for a term of office John C. Rosemergy expiring October 1, 1992, replacing Mr. Lester Wahrenbrock. It was the consensus of to the P i umbi ng the City Council that the recommendation be adopted. Board M&C G-8928 re There was presented Mayor and Council Communication No. G-8928 from the City closure of Crest- Manager stating that the Southwestern Exposition and Livestock Show each year requested line Road from temporary closing of the 3200, 3300, and 3400 blocks of Crestline Road; that, in 1989 Harley to Ge ndy and 1990, the Southwestern Exposition and Livestock Show was authorized to operate the for the annual Harley Street parking lot located at the corner of Harley and Montgomery on behalf of Stockshow and the City at the same rates as other parking fees charged during the Show and with the Rodeo City to receive 50% of the net parking revenue from the Harley Street lot, which funds are dedicated to debt service payment on the Equestrian Center Parking Garage; and recommending that the closure of Crestline Road from Harley to Gendy be approved for the period from January 14 to February 4, 1991, as requested by the Southwestern Exposition and Livestock Show for the Annual Stock Show and Rodeo and that the Southwestern Exposition and Livestock Show be authorized to operate the Harley Street parking lot during the 1991 Show under the terms previously outlined. It was the consensus of the City Council that the recommendations be adopted. M&C G-8929 re There was presented Mayor and Council Communication No. G-8929 from the City Withdrew f rom ages Manager stating that the City Council has established the criteria and guidelines for 6daese ttngc7P©b1fc commercial/industrial tax abatement to qualified projects; that public notice of the Pleating 8atrvoncifam public hearing must be given seven days prior to the hearing date; and recommending PfoodsedoRelnvest- that the City Council set Thursday, December 6, 1990, at 7:00 p.m. as the date and time iientrZonetfOr Co- for a public hearing before the City Council concerning the advisability of mmerrtial/Indestria_establishing a reinvestment zone for commercial/industrial tax abatement and the Tax Abatement boundaries of the reinvestment zone; and that the City Secretary be directed to give notice of the public hearing in accordance with the Property Redevelopment and Tax Abatement Act, Chapter 312, Tax Code. It was the consensus of the City Council that Mayor and Council Communication No. G-8929 be withdrawn from the agenda. M&C G-8931 re There was presented Mayor and Council Communication No. G-8931 from the City transfer of air- Manager, as follows: crit rescue and firefighting act- SUBJECT: REPEAL OF ORDINANCE NO. 10404; TRANSFER OF AIRCRAFT RESCUE AND ivitie s at FIREFIGHTING ACTIVITIES AT MEACHAM AIRPORT FROM THE FIRE DEPARTMENT Meacham Field from TO THE AVIATION DEPARTMENT; SUPPLEMENTAL BUDGET APPROPRIATIONS Fire Department to ORDINANCE TO EFFECTUATE SAME Aviation Departmen RECOMMENDATION: It is recommended that the City Council: 1. Repeal Ordinance No. 10404; 2. Adopt the attached supplemental appropriations ordinance; and 3. Adopt the attached ordinance authorizing the transfer of Aircraft Rescue and Firefighting activities at Meacham Airport from the Fire Department to the Aviation Department, effective December 1, 1990. DISCUSSION: In City Ordinance No. 10404 (effective September 22, 1989), the City Council authorized the transfer of the Aircraft Rescue and Firefighting ("ARFF") activities at Meacham Airport from the Aviation Department into the Fort Worth Fire Department. For many years the City had maintained the specialized ARFF unit at Meacham Airport staffed by civilian (non -civil service) personnel under the direction of the Aviation Department. In Ordinance #10404 (M&C Reference No. G-8243) as well as the public record of the Council discussions, the Council expressed its desire to begin a consolidation of said duties into the Fire Department. Said transition was expressly made contingent upon the occurrence of many events, most relevant hereto being that said transition would not result in layoffs or termination of employment for the Meacham ARFF personnel, and further that successful completion would have to include achieving the status of civil service employment for those Meacham ARFF personnel. The Council expressly reserved its option to reverse the intended transition and to resume said ARFF activities within the Aviation Department in the event that all said contingencies could not be successfully accomplished. Shortly after enacting Ordinance 10404, a lawsuit entitled The International Association of Firefighters Local 440 vs. the City of Fort Worth, Cause No. 342-123792-89 was filed against the City by the labor association comprised of Minutes of City Council Q-3 Page 449 r d k"i0 TUESDAY, NOVEMBER 27, 1990 M&C G-8931 cont. civil service status firefighters employed by the City's Fire Department. The re transfer of suit was brought to enjoin the City's efforts expressed in Ordinance #10404, aircraft rescue to have the Court declare said Meacham Field positions must be immediately and firefighting staffed by Civil Service Firefighters, as well as seeking promotions to those activities at named civil service personnel who were allegedly harmed by the attempted Meacham Field fro o transition. Fire Department t Aviation Depart- Although the Court has not made a ruling on the contested issues, City ment Management now recommends repealing Ordinance No. 10404 and its intended purposes. It is believed that continued litigation of the matters involved would be very time consuming as well as costly, whether successful or not. Further, one possible outcome of the litigation is that the City would be forced to layoff without cause the eleven Meacham Airport civilian personnel if the Court were to rule against the City. Attempts to negotiate a mutually agreeable settlement were unsuccessful. Transfer of the Meacham ARFF personnel back under the command of the Aviation Department will not result in the deletion of any civil service positions since the same civilian (non -sworn) personnel are being transferred back to Aviation as were originally employed therein prior to Ordinance 10404. Further, there are no expected expenditures for new facilities or equipment at this time as the equipment presently located at Meacham Airport can be transferred to and utilized by the Aviation Department. Further, the quality, safety and efficiency of operation concerns will not suffer because the same personnel and equipment will be utilized to provide emergency services at Meacham Airport. FINANCING: The 1990-91 Adopted Budget reflects $393,092 and 11.0 authorized positions in the General Fund, GGO1, Fire Department Center No. 0365030, Division 3 -Meacham Field, to provide for aircraft rescue and firefighting activities at Meacham Field. These eleven positions will be transferred back to the Aviation Fund, and the entire appropriation of $393,092 will be disappropriated from the General Fund, GGO1, Fire Department Center No. 0365030, Division 3 -Meacham Field, increasing the General Fund Undesignated Fund Balance by $393,092. The increase in the General Fund balance will be used to increase estimated receipts in the Aviation Fund by $393,092 and support a supplemental appropriation of the same amount to the Aviation Fund, PE40, Center No. 0553010, Meacham Field. All current year expenditures and encumbrances made against these funds while in the Fire Department will be appropriately transferred to the Aviation Department as well. Mr. Jay Peacock Mr. Jay Peacock, representing the Fort Worth Firefighters Association, appeared M&C G-8931 before the City Council and expressed opposition to the recommendation contained in Mayor and Council Communication G-8931 and advised the City Council that the proposed new ordinance would not stop the pending litigation brought by the Fort Worth Firefighters Association against the City of Fort Worth and would bring on additional litigation. Council Member Garrison made a motion, seconded by Council Member Meadows, that the recommendation, as contained in Mayor and Council Communication No. G-8931 be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, McGray, Meadows, Webber and Chappell NOES: Council Member Granger ABSENT: None Introduced an Council Member Garrison introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Meadows. -The motion, carrying with it the adoption of said ordinance, prevailed by the following vote. AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, McGray, Meadows, Webber and Chappell NOES: Council Member Granger ABSENT: None Minutes of City Council Q-3 Page 450 451 TUESDAY, NOVEMBER 27, 1990 The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10736 10736 AN ORDINANCE TO REPEAL AND SUPERSEDE ORDINANCE NO. 10404; REMOVING ALL RESPONSIBILITY FOR AIRCRAFT RESCUE AND FIRE FIGHTING SERVICES AT MEACHAM AIRPORT FROM THE FIRE DEPARTMENT; RETURNING ALL RESPONSIBILITY FOR FIRE FIGHTING SERVICES AT MEACHAM AIRPORT TO THE AVIATION DEPARTMENT; REAFFIRMING ALL DUTIES AND RESPONSIBILITIES OF THE AVIATION DEPARTMENT AND THE FIRE DEPARTMENT NOT EXPRESSLY MODIFIED HEREIN; PROVIDING THAT NO NEW EMPLOYMENT POSITIONS, CLASSIFICATIONS OR STATUS ARE CREATED OR MODIFIED EXCEPT AS EXPRESSLY PROVIDED HEREIN; PROVIDING FOR THE TRANSITION OF CERTAIN EMPLOYEES AND THEIR DUTIES FROM THE FIRE DEPARTMENT TO THE AVIATION DEPARTMENT AND THEIR STATUS THEREAFTER; PROVIDING GUIDELINES FOR THE CITY MANAGER TO RESOLVE TRANSITIONAL DIFFICULTIES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION XIII. This ordinance shall take effect from and after December 1, 1990, and it is so ordained. Introduced an Council Member Garrison introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Meadows. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, McCray, Meadows, Webber, and Chappell NOES: Council Member Granger ABSENT: None The ordinance, as adopted, is as follows: Ordinance No.II ORDINANCE NO. 10737 10737 AN ORDINANCE DISAPPROPRIATING FROM THE GENERAL FUND, GGO1, FIRE DEPARTMENT, CENTER 0365030, DIVISION 3-MEACHAM FIELD OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1990-91 BY THE SUM OF $393,092.00 AND INCREASING GENERAL FUND UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT; INCREASING ESTIMATED RECEIPTS IN THE AVIATION FUND, PE40, AVIATION DEPARTMENT CENTER 0553010, MEACHAM FIELD BY $393,092.00 AND APPROPRIATING SAID AMOUNT TO THE AVIATION FUND, PE40, AVIATION DEPARTMENT CENTER 0553010, MEACHAM FIELD, FOR THE PURPOSE OF TRANSFERRING 11 POSITIONS AND THE RESPONSIBILITY FOR AIRCRAFT RESCUE AND FIREFIGHTING ACTIVITIES; PROVIDING FOR A SEVERABILITY CLAUSE MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENTS AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C P-4593 re There was presented Mayor and Council Communication No. P-4593 from the City purchase and in- Manager stating that the "Brightvi ew" software system will increase productivity of s talla tion of City personnel by developing computer screens that are custom tailored to individual Brightview Soft- usage, thereby reducing the total time spent on computer resources, lower development ware from Dun and and maintenance cost, and extend the useful life of current software; and recommending Bradstreet Soft- that the City Council authorize: ware Services, Inc for Information 1. A transfer of $40,000 from Capital Projects Reserve Fund GC10, Systems and Ser- Unspecified, Center No. 013010001000 to Capital Projects Reserve Fund vices Department GC10, Center No. 013500000040, MARS Information Systems and Services 2. A fund transfer in the amount of $18,400.00 from Water and Sewer Operating Fund PE45, Center No. 0609020 to Water Capital Improvement Fund PW53, Center No. 060530150110, Strategic Information Management Plan; Minutes of City Council Q-3 Page 451 . TUESDAY, NOVEMBER 27, 1990 M&C P-4593 cont. 3. A fund transfer in the amount of $18,400.00 from Water and Sewer purchase and in- stallation of Operating Fund PE45, Center No. 0709020 to Sewer Capital Improvement Bi rghtvi ew Soft- Fund PS58, Center No. 070580130110, Strategic Information Management ware from Dun P1 an; and and Bradstreet Software Services, 4. The City Manager to execute a sole -source contract with Dun & Inc. for Informa- Bradstreet Software Services, Inc. to purchase a "Brightview" software tion Systems and system for an amount not to exceed $138,500.00 net, f.o.b. Fort Worth. Services Depart- It was the consensus of the City Council that the recommendations be adopted. ment There was presented Mayor and Council Communication No. P-4596 from the City M&C P-4593 adopted There was presented Mayor and Council Communication No. P-4594 from the City M&C P-4594 re purchase of Manager submitting a tabulation of bids received for the purchase of traffic signal traffic signal conductor cable from multiple vendors for the Transportation and Public Works conductor cable Department; stating that purchases will be charged to General Fund GG01, Subsidiary for Transporta- Account No. 141273, Light and Signal Inventory; and recommending that the purchase be tion and Public made on low bid as follows: Works Department 1. King Wire & Cable Corp. from King Wire $ Items 1 -14 ga. 4 conductor cable $ 740.00 Cable Corp. and Southwestern Wire Item 2 - 14 ga. Sol. 8 conductor cable 1,464.00 and Cable 2. Southwestern Wire and Cable $5,832.00 1/2" Item 3 - 14 ga. Sol. 16 conductor cable 6. Total 8,036.00 M&C P-4594 adopte jjIt was the consensus of the City Council that the recommendation be adopted. M&C P-4595 re There was presented Mayor and Council Communication No. P-4595 from the City purchase of Manager submitting a tabulation of bids received for purchase of traffic signal wire Traffic Signal for the Transportation and Public Works Department; stating that funds are available in Aire for Transpor General Fund GG01, Inventory Subsidiary, Account No. 141273, Light and Signal tation and Public Inventory; and recommending that the purchase be made from Bluebonnet Supply on its low Works Department bid of $21,703.00 net, f.o.b. Fort Worth. It was the consensus of the City Council from Bluebonnet that the recommendation be adopted. Supply $17.92 M&C P-4596 re There was presented Mayor and Council Communication No. P-4596 from the City purchase agreement Manager submitting a tabulation of bids received for purchase agreements with multiple with nultipie vendors for hardwood for all City Departments; stating that budget funds are sufficient vendors with P y- to cover the anticipated expenditure by each department participating in the agreement; wood of Fort Wort ,and recommending that the City Council authorize: Alexander Lumber 4' Co., Teague Lumber 1. A purchase agreement to provide hardwood for all City departments on Co., and Barney the low bid per unit price basis, with multiple vendors, as follows: Robinson Harwood A C & Lumber A. PLYWOOD OF FORT WORTH x 8' FORT WORTH, TX Item Description Price per Each 1. A B Fir Exterior - 4' x 8' x 1/4" $14.40 2. A B Fir Exterior - 4' x 8' x 1/2" $17.92 3. A B Fir Exterior - 4' x 8' x 3/4" $21.72 4. A C Fir Exterior - 4' x 8' x 1/4" $10.08 5. A C Fir Exterior - 4' x 8' x 1/2" $13.76 6. A C Fir Exterior - 4' x 8' x 3/4" $18.88 7. A C Fir Exterior - 4' x 10' x 3/4" $29.00 8. Flat Birch 4' x 8' x 1/4" $14.40 11. A-2 Lumber Core Birch, 4' x 8' x 3/4" $42.50 12. Forty Four 1 pc. F C Birch, 4' x 8' x 3/4" $24.50 13. A-2 9 ply 1 pc. F C Birch, 4' x 8' x 3/4" $34.56 14. 1 pc. F C Shop Birch 4' x 8' x 3/4" $26.88 15. Flat Ash 4' x 8' x 1/4" $15.68 18. LLC Twain Sen Ash, 4' x 8' x 3/4" $44.00 19. Domestic White Ash A-2, 4' x 8' x 3/4" $34.56 24. A-2 Rotary White Oak, 4' x 8' x 1/2" $36.00 B. ALEXANDER LUMBER CO. FORT WORTH, TX Item Description Price per Each 10. A-2 1 PCFC Birch, 4' x 8' x 1/2" $23.55 16. Soundback Sen Ash, 4' x 8' x 1/4" $ 9.75 17. Shop Ash, 4' x 8' x 1/2" $26.46 26. A-2 Rotary White Oak, 4' x 8' x 3/4" $38.59 27. A-2 Rotary Red Oak, 4' x 8' x 3/4" $33.28 Minutes of City Council Q-3 Page 452 453 TUESDAY, NOVEMBER 27, 1990 M&C P-4596 cont. C. TEAGUE LUMBER CO. NDRC Laboratories, Inc. re agreement with 2 each FORT WORTH, TX multiple vendors 625.00/test Toxic Pollutants 40 with Plywood of Item Description Price per Each Fort Worth, Appendix D - Table II Alexander Lumber . 6. AC Fir Exterior 4' x 8' x 3/4" $18.85 Co., Teague Lumber g. Soundback BM Birch, 4' x 8' x 1/4" $15.45 Co. , and Barney 21. Rotary Red Oak, 4' x 8' x 1/4" $15.95 &obiHardwood 23. Soundback Red Oak, 4' x 8' x 1/4" $15.95 & Lummberber c. 4 each Influent Wastewater D. BARNEY ROBINSON HARDWOOD & LUMBER Toxic Pollutants 40 FORT WORTH, TX 122 Item Description Appendix D - Table Price per Each 20. Flat White Oak, 4' x 8' x 1/4" $17.95 Effluent Wastewater 22. Soundback White Oak, 4' x 8' x 1/4" $19.95 25. Rotary Red Oak, 4' x 8' x 1/2" $32.95 Net, f.o.b. Fort Worth 2. All City departments to participate in this agreement; and 3. The effective date to begin date of authorization and end one year later. M&C P-4596 adopted It was the consensus of the City Council that the recommendations be adopted. M&C P-4597 re There was presented Mayor and Council Communication No. P-4597 from the City purchase of Manager submitting a tabulation of bids received for the purchase of asbestos abatement Abestos Abatement service for the Water Department; and recommending that the City Council authorize a Service from U.S. fund transfer in the amount of $164,723.00 from Water Capital Improvement Fund PW53, Environmental Center No. 060530159010, Unspecified, to Water Capital Improvement Fund PW53, Center Service for Water No. 060530171710, asbestos Removal North and South Holly Plants; and authorize the Department purchase of asbestos Abatement Services from U.S. Environmental Service on it's low bid, meeting specifications, for an amount not to exceed $164,723.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-4598 re There was presented Mayor and Council Communication No. P-4598 from the City purchase of Manager submitting a tabulation of bids received for the purchase of laboratory tests laboratory tests for the Water Department; stating that budget funds are sufficient to cover the from NDRC Labor- anticipated expenditure by the Department participating in this agreement; and atories, Inc. for recommending that the City Council authorize: Water Department 1. A purchase agreement with an option to renew for one additional year with NDRC Laboratories, Inc. to conduct laboratory tests for the Water Department on the low bid of unit prices, meeting City specifications as follows: Quantil,t Item Description NDRC Laboratories, Inc. a. 2 each Influent Wastewater 625.00/test Toxic Pollutants 40 CFR 122 Appendix D - Table II b. 2 each Effluent Wastewater $ 625.00/test Toxic Pollutants 40 CFR 122 Appendix D - Table II c. 4 each Influent Wastewater $ 147.00/test Toxic Pollutants 40 CFR 122 Appendix D - Table III d. 4 each Effluent Wastewater $ 147.00/test Toxic Pollutants 40 CFR 122 Appendix D - Table III e. 4 each Influent Wastewater $1,560.00/test Toxic Pollutants 40 CFR 122 Appendix D - Table V f. 4 each Effluent Wastewater $1,560.00/test Toxic Pollutants 40 CFR 122 Appendix D - Table V g. 4 each Transmission Sludge $ 625.00/test Toxic Pollutants 40 CFR 122 Appendix D - Table II h. 4 each Transmission Sludge $ 147.00/test Toxic Pollutants 40 CFR 122 Appendix D - Table III i. 4 each Dried Sludge $ 625.00/test Toxic Pollutants 40 CFR 122 Appendix D - Table II j. 4 each Dried Sludge $ 147.00/test Toxic Pollutants 40 CFR 122 Appendix D - Table III 2. The agreement to become effective November 22, 1990 through November 21, 1991. M&C P-4598 adoptedll It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council Q-3 Page 453 ,154 TUESDAY, NOVEMBER 27, 1990 M&C P-4599 re There was presented Mayor and Council Communication No. P-4599 from the City purchase of air Manager submitting a tabulation of bids received for the purchase of air monitoring monitoring service Services for the Water Department; and recommending that City Council authorize a fund for Water Depart- transfer in the amount of $14,200.00 from Water Capital Improvement Fund PW53'Center menfrom Allied No. 060530159010, Unspecified, to Water Capital Improvement Fund PW53, Center No. Enviro Engineering 060530171710, Asbestos Removal Air Monitoring; and that the purchase be authorized from Inc. Allied Enviro Engineering, Inc., on its low bid for an amount not to exceed $14,200.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-4500 re There was presented Mayor and Council Communication No. P-4600 from the City purchase of load Manager submitting a tabulation of bids received for purchase of load sensors for the sensors for City City Services Department; stating that purchases will be charged to Equipment Services Services Depart- Operating Fund PI61, Inventory Subsidiary Account No. 141270, Center No. 0000000, Auto ment from Central Parts Inventory; and recommending that the purchase be made from Central Hydraulic, Hudraulic, Inc. Inc., on its low bid, meeting City specifications, of $10,377.48 net, f.o.b. Fort Worth. Mayor Pro tempore Gilley made a motion, seconded by Council Member McGray, that the recommendation as contained in Mayor and Council Communciation P-4600 be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C P-4601 re There was presented Mayor and Council Communication No. P-4601 from the City renewal of lease Manager stating that the City Council on July 11, 1985, and on July 30, 1985, of System Soft- authorized the lease of system software for Information Systems and Services Department ware for Informa- from IBM Corporation; that, to continue to support City wide automation requirements, tion Systems and it is recommended that another one-year lease with the sole source provider, IBM Services Corporation, be authorized; stating that funds are available in General Fund GGO1, Center No. 004400, Technical Support, Account No. 537100, with IBM's contract reserving the right to increase it's charges with a 30 day written notice; and recommending that renewal of the lease of the systems software be authorized with the sole source, IBM Corporation, for an amount not to exceed $235,000.00 net, f.o.b. Fort Worth. In response to a question raised by Council Member Zapata, Mr. Jay Marshall, Director of Information System and Services, appeared before the City Council and advised the City Council that the Department of Information System and Services is looking at a system which fits between the software and hardware that drives the system; that IBM or IBM compatible has been selected; that competitive bids can be obtained on hardware but only IBM can provide the software programs. Council Member Zapata made a motion, seconded by Mayor Pro tempore Gilley, that the recommendation, as contained in Mayor and Council Communication No. P-4601 be M&C P-4604 re There was presented Mayor and Council Communication No. P-4604 from the City purchase of in- Manager stating that the purchase of installation of carpet and vinyl floor covering s talla tion of was approved by Mayor and Council Communication No. P-4365 on July 12, 1990, based on a carpert and vinyl on-site inspection of the Fort Worth Nature Center facility; that it was determined with Designer Dra- subsequently to also replace the carpet in the reception area and the computer room, peries and Floors, which two areas were not included in the original on-site inspection and which will Inc, for Fort require an additional $916.22 over and above the original authorized expenditure; that Worth Nature Centet funds are available in General Fund GGO1, Center 0205002, Building Maintenance, Account No. 536010; and recommending that Mayor and Council Communication No. P-4365, dated July 5, 1990, be amended to increase the amount to be spent with Designer Draperies and Floors, Inc., to $7,975.80. It was the consensus of the City Council that the recommendation be adopted. M&C L-10323 re There was presented Mayor and Council Communication No. L-10323 from the City replacement deed Manager stating that, in September 1977, John W. Stockton purchased the N 20' of Lot 5 for N 20' of Lot and the S 10' of Lot 6, Block 16, M.G. Ellis Addition, from the City of Fort Worth; 5 and S 10 of Lot that Mr. Stockton failed to file the original deed at the Court House and it was stolen 6, Block 16, M.G. from his home; and recommending that the City Manager be authorized to execute a Ellis Addition replacement deed for the N 20' of Lot 5 and the S 10' of Lot 6, Block 16, M.G. Ellis Addition. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council Q-3 Page 454 adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C P-4602 re There was presented Mayor and Council Communication No. P-4602 from the City sole source rental Manager submitting a quotation received for the sole source rental of communication of communication facilities at the WBAP Tower for the Information Systems and Services Department; facilities at WBAP stating that funds are available in General Fund GG01, Information Systems and Services Tower for Informa- Department, Center No. 0046001, Electronic Services, Account No. 539120; and tion Systems and recommending that the purchase be made from Bell Communications on its quotation of Services Depart- $9,000.00 per year net for a one-year period beginning October 1, 1990. It was the ment from Bell meat consensus of the City Council that the recommendation be adopted. i cati ons ComM&C P 4603 re There was presented Mayor and Council Communication No. P-4603 from the City purchase of janit- Manager submitting a tabulation of bids received for the purchase of janitorial supplies for the Real Property Department; stating that funds are available in Parking oriai services Building Fund PE59, Center 0162003, Municipal Parking Building, Account No. 539120, from G and S Other Contractual Services; and recommending that the purchase be made from G and S Company for Company on its low bid of $635.00 a month for the Municipal Parking Garage for an Municipal Parking amount not to exceed $7,620.00 net, f.o.b. Fort Worth. It was the consensus of the Garage City Council that the recommendation be adopted. M&C P-4604 re There was presented Mayor and Council Communication No. P-4604 from the City purchase of in- Manager stating that the purchase of installation of carpet and vinyl floor covering s talla tion of was approved by Mayor and Council Communication No. P-4365 on July 12, 1990, based on a carpert and vinyl on-site inspection of the Fort Worth Nature Center facility; that it was determined with Designer Dra- subsequently to also replace the carpet in the reception area and the computer room, peries and Floors, which two areas were not included in the original on-site inspection and which will Inc, for Fort require an additional $916.22 over and above the original authorized expenditure; that Worth Nature Centet funds are available in General Fund GGO1, Center 0205002, Building Maintenance, Account No. 536010; and recommending that Mayor and Council Communication No. P-4365, dated July 5, 1990, be amended to increase the amount to be spent with Designer Draperies and Floors, Inc., to $7,975.80. It was the consensus of the City Council that the recommendation be adopted. M&C L-10323 re There was presented Mayor and Council Communication No. L-10323 from the City replacement deed Manager stating that, in September 1977, John W. Stockton purchased the N 20' of Lot 5 for N 20' of Lot and the S 10' of Lot 6, Block 16, M.G. Ellis Addition, from the City of Fort Worth; 5 and S 10 of Lot that Mr. Stockton failed to file the original deed at the Court House and it was stolen 6, Block 16, M.G. from his home; and recommending that the City Manager be authorized to execute a Ellis Addition replacement deed for the N 20' of Lot 5 and the S 10' of Lot 6, Block 16, M.G. Ellis Addition. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council Q-3 Page 454 453. TUESDAY, NOVEMBER 27, 1990 M&C L-10324 re There was presented Mayor and Council Communication No. L-10324 from the City declare the ne - Manager recommending that the City Council declare the necessity of taking certain land ce ssity of taking for the purpose of constructing essential public improvements heretofore authorized by certain land for the Council as set forth below and that authority be given the City Attorney to the purpose of institute eminent domain proceedings to acquire an irregularly shaped permanent constructing essen easement from Tract 1C1B, Tract MA, and 1D1 of the J. Askew Survey, Abstract 16 and tial pub i i c im- Tract 8A of the A. Robert Survey, Abstract 1262, said easement lying 15.0 feet on each provements and side of the future line of North Chesterfield Drive and Northford Drive and 15.0 feet institute eminent on each side of the future center line of the northbound lanes Bob Hanger Road; and two domain proceedings irregularly shaped temporary construction easements each 25.0 feet in width and each to acquire an irr- lying parallel to and contiguous with opposite exterior lines of the above described egularly shaped permanent easement; and owned by TEAM Bank and required for Northside II Water permanent easement Main, Phase II. as individuals. an Council Member Garrison advised the City Council that he has a conflict of Pegasus Flight interest and cannot vote on Mayor and Council Communication L-10324 and City Attorney Center, Inc. for Adkins advised City Council Member Garrison that his conflict of interest does not second floor office require City Council approval. space at Fort Worth Council Member Meadows advised the City Council that he may have a conflict of Meacham Airport. interest on voting on Mayor and Council Communication L-10324. Council Member Webber requested that she be permitted to abstain from voting on Mayor and Council Communication No. L-10324 because a member of her family has a loan at TEAM Bank, and City Attorney Adkins advised Council Member Webber she must seek approval to abstain from voting. Council Member Chappell made a motion, seconded by Council Member McGray, that Council Member Webber be permitted to abstain from voting on Mayor and Council Communication L-10324 and, when the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Zapata made a motion, seconded by Mayor Pro tempore Gilley, that the recommendation, as contained in Mayor and Council Communication L-10324 be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Granger, McGray, Meadows, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Garrison and Webber M&C C-12616 re There was presented Mayor and Council Communication No. C-12616 from the City contract with M.A. Manager submitting a tabulation of bids received for Concrete Channel repair in the Vinson Constructior 7200 and 7300 blocks of Martha Lane; and recommending that a fund transfer in the Co., Inc. for amount of $50,721.00 be authorized from GS93-02930579010, Prior Year Funding concrete channel Unspecified, to GS93-020930354770, Martha Lane Channel Replacement, to provide funds repair at Martha for construction plus change orders; and that the City Manager be authorized to execute lane (7200 and a contract with M.A. Vinson Construction Company, Inc., in the amount of $46,110.00, 7300 Blocks) and 30 working days. It was the consensus of the City Council that the recommendations be adopted. M&C C-12617 re There was presented Mayor and Council Communication No. C-12617 from the City renewal of leasw Manager stating that, under City Secretary Contract No. 17226, Pegasus Flight Center, with Laurent and Inc., leases 544 square feet of second floor space in the Meacham Airport Terminal Bobbie Jo Jacquelir Building; that the contract expires December 31, 1990, and the tenant seeks a one-year as individuals. an renewal; that term of the lease renewal will begin January 1, 1991, and end December Pegasus Flight 31, 1991, at a rental rate to be increased to $9.34 per square foot per year for an Center, Inc. for annual revenue of $5,080.96; and recommending that the City Manager be authorized to second floor office execute a lease renewal with Laurent and Bobbie Jo Jacquelin, as individuals, and space at Fort Worth Pegasus Flight Center, Inc., for second floor office space at Fort Worth Meacham Meacham Airport. Ai rport. It was the consensus of the City Council that the recommendation be adopted. M&C C-12618 re bond fund transter and authorized Change Order No. 6 with Martin K. Eby Construction, Inc. for construc- tion of 24 MGD Ex- pansion, Phase IIA Effluent Filter Area There was presented Mayor and Council Communication No. C-12618 from the City Manager, as follows: SUBJECT: PROPOSED CHANGE ORDER NO. 6 TO THE 24 MGD EXPANSION, PHASE IIA, EFFLUENT FILTER AREA, VCWWTP (MARTIN K. EBY CONSTRUCTION, INC.) RECOMMENDATION: It is recommended that the City Council: 1. Authorize a fund transfer in the amount of $57,149.00 from Water and Sewer Operating Fund PE45, Account No. 541200, Center No. 0709020, to Sewer Capital Improvement Fund PS84, Account No. 541200, Center No. 070840160010, 24 MGD Expansion, Phase IIA, Effluent Filter Area; and Minutes of City Council Q-3 Page 455 :156 TUESDAY, NOVEMBER 27, 1990 M&C C-12618 cont. 2. Authorize Change Order No. 6 in the amount of $57,148.40 to City re bond fund Secretary Contract No. 16634 with Martin K. Eby Construction, Inc. for transfer and au- construction of the 24 MGD Expansion, Phase IIA, Effluent Filter Area, thorized Change revising the total contract cost to $17,961,428.68. Order No. 6 with Martin K. Eby Con- Project No.: PS84-070840160010 struction, Inc. for construction BACKGROUND: of 24 MGD Expan- sion Phase IIA, On September 13, 1988 (M&C C-11189), the City Council authorized the award of Eff i uent Filter a contract to Martin K. Eby Construction, Inc. for construction of the 24 MGD Area Expansion, Phase IIA, Effluent Filter Area. PROPOSED CHANGE ORDER: During construction, in order to make the project operational, it was determined necessary to modify, change and/or amend certain items in the contract. The contractor, Martin K. Eby Construction, Inc., will perform this additional work for $57,148.40. The proposed changes are as follows: 1. Install electrical relays in the RTU units for the final effluent pumps and service water pumps at Lump Sum $ 5,100.00 2. Install reinforced concrete pipe supports and gate valve supports on service water pumps discharge piping at Lump Sum $ 5,838.31 3. Modify electrical wiring/breakers to FE34 and FE35 pumps variable speed drives at Lump Sum $ 765.60 4. Install 15 AMP. breaker for over- load protection for the chlorine induction unit hoists at Lump Sum $ 569.50 5. Authorize use of Viton 0 -Rings in lieu of Teflon encapsulated Viton 0 -Rings at decrease ($ 6,514.66) 6. Utility adjustments at Chlorine Contact Basins 21 and 22 at Lump Sum $71,031.57 7. Modify service water piping at Chlorine Application Points 7 and 8 at Lump Sum $ 979.20 8. Furnish and install remote valve position indicators at Lump Sum $10,137.00 9. Add reinforcing steel cadwelds at Chlorine Contact Basins 21 and 22 at Lump Sum - $ 5,261.88 10. Rectify Add/Deduct items in contract specifications at a decrease ($36,020.00) Total Change Order $57,148.40 The net effect of the proposed change order is as follows: Original Contract Cost $17,565,920.00 Extras to Date $ 350,046.50 Credits to Date $ 11,686.22 Proposed Change Order No. 6 $ 57,148.40 Revised Contract Cost $17,961,428.68 The construction manager, Freese and Nichols, and the staff engineers of the Water Department have reviewed the proposed charges and found them reasonable for similar work. FINANCING: a Sufficient funds are available to transfer from Water and Sewer Operating Fund PE45, Account No. 541200, Center No. 0709020, Sewer Capital Project, Sewer Department. Upon approval and completion of Recommendation No. 1 in the amount of $57,149.00, sufficient funds will be available in Sewer Capital Minutes of City Council Q-3 Page 456 '157 TUESDAY, NOVEMBER 27, 1990 &C C-12618 cont. e contract with Improvement Fund PS84, Account No. 541200, Center No. 070840160010, 24 MGD ar tin K. Eby Expansion, Phase IIA, Effluent Filter Area. Expenditures will be made from onstruction, Inc. Account No. 541200. &C C-12618 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication C-12618, be adopted. &C C-12619 re and fund transfer nd authorized hange Order No. 1 ith Weldon Mechan- cai Corp. for onstruction of uxiiiary Heating or Digesters, Phas V -C, There was presented Mayor and Council Communication No. C-12619 from the City Manager, as follows: SUBJECT: PROPOSED CHANGE ORDER NO. 1 TO AUXILIARY HEATING FOR DIGESTERS, PHASE IV -C, VCWWTP (WELDON MECHANICAL CORP.) RECOMMENDATION: It is recommended that the City Council: 1. Authorize a bond fund transfer in the amount of $8,698.00 from Sewer Capital Improvement Fund PS46, Account No. 541300, Center No. 070460139010, Unspecified to Sewer Capital Improvement Fund PS46, Account No. 541300, Center No. 070460160010, Auxiliary Heating for Digesters VCWWTP; and 2. Authorize Change Order No. 1 in the amount of $8,697.39 to City Secretary Contract No. 17793 with Weldon Mechanical Corporation for construction of the Auxiliary Heating for Digesters, Phase IV -C, revising the total contract cost to $162,542.39. PROJECT NO.: PS46-070460160010 RArvnPn11Nn On April 10, 1990 (M&C C-12273), the City Council authorized the award of a contract to Weldon Mechanical Corporation for construction of the Auxiliary Heating for Digesters, Phase IV -C. PROPOSED CHANGE ORDER: During construction, it was determined necessary to make modifications to the plans and specifications to have an operational and functional project. The contractor, Weldon Mechanical Corporation, will perform the additional work for $8,697.39. The proposed changes are as follows: 1. Replace two (2) gas valve actuators on boiler @ lump sum $457.00 2. Install potable water line in make-up water to the boiler @ lump sum $8,008.65 3. Install four (4) guard posts around gas pipe riser at the boiler building @ lump sum $779.74 4. Delete valves and gauges on expansion tank not required $.(548.00)_ TOTAL CHANGE ORDER $8,697.39 The net effect of the proposed change order is as follows: Original Contract Cost $153,845.00 Proposed Change Order No. 1 $8,697.39 Revised Contract Cost $162,542.39 The construction manager, BCFN, and the staff engineers of the Water Department have reviewed the proposed charges and found them reasonable for similar work. FINANCING: Sufficient funds are available to transfer from Sewer Capital Improvement Fund PS46, Account No. 541300, Center No. 070460139010, Unspecified. Upon approval and completion of Recommendation No. 1 in the amount of $8,698.00, sufficient funds will be available in Sewer Capital Improvement Fund PS46, Account No. 541300, Center No. 070460160010, Auxiliary Heating for Digesters VCWWTP. Expenditures will be made from Account No. 541300. &C C-12619 adopted) It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communications C-12619, be adopted. &C C-12620 re There was presented Mayor and Council Communication No. C-12620 from the City and fund transter Manager, as follows: nd authorized hange Order No. 1 ith J.D. Vickers, nc. for 1later Main epiacement East erreli Avenue Minutes of City Council Q-3 Page 457 TUESDAY. NOVEMBER 27, 1990 M&C C-12620 cont. re bond fund SUBJECT: PROPOSED CHANGE ORDER NO. 1 TO WATER MAIN REPLACEMENT, EAST TERRELL transfer and AVENUE (J.D. VICKERS) authorized Change Order No. 1 with J.D. Vickers, Inc. RECOMMENDATION: for Water Main Replacement East It is recommended that the City Council: Terrell Avenue 1. Authorize a bond fund transfer in the amount of $3,981 from Special Assessments Fund GS94, Center No. 020940099050, Special Assessments Unspecified to Street Improvements Fund GS67, Center No. 060670171570, Water Replacement, E. Terrell. Avenue; and 2. Authorize Change Order No. 1 in the amount of $3,980.50 to Contract No. 18114 with J. D. Vickers, Inc. for the Water Main Replacement, East Terrell Avenue, revising the total contract cost to $23,618.40. PROJECT NO.: PW53-060530171570 (GS67-060670171570) RACKGm IND On October 2, 1990 (M&C C-12540), the City Council authorized the award of a contract to J. D. Vickers, Inc. for the Water Main Replacement, East Terrell Avenue. PROPOSED CHANGE ORDER During construction, it was discovered that a sewer line in Terrell Avenue, shown on the plans as being private, was determined to be a public sanitary sewer lateral, therefore requiring replacement. The contractor, J. D. Vickers, Inc, will perform this additional work for $3,980.50. The proposed changes are as follows: 79 L.F. 6 -inch PVC sewer pipe @ $20.00/L.F. $1,580.00 2 Each 4 -foot diameter manholes @ $1,000.00/Ea. $2,000.00 89 L.F. temporary paving repair @ $4.50/L.F. $ 400.50 TOTAL CHANGE ORDER $3,980.50 The net effect of the proposed change order is as follows: Original Contract Cost $19,637.90 Proposed Change Order No. 1 $ 3,980.50 Revised Contract Cost $23,618.40 The staff engineers of the Water Department have reviewed the proposed charges and found them reasonable for similar work. FINANCING Sufficient funds are available to transfer from Special Assessments Fund GS94, Center No. 020940099050, Special Assessments Unspecified. Upon approval and completion of Recommendation No. 1 in the amount of $3,981.00, sufficient funds will be available in Street Improvements Fund GS67, Center No. 060670171570, Water Replacement, E. Terrell Avenue. Expenditures will be made from Account No. 541200. Council Member Webber requested permission to abstain from voting on Mayor and Council Communication No. C-12620 and on motion of Council Member Chappell, seconded by Council Member Meadows, the request to abstain from voting was approved. Council Member Chappell made a motion, seconded by Council Member Zapata, that the recommendations, as contained in Mayor and Council Communication No. C-12620 be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McGray, Meadows, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Webber M&C C-12621 re There was presented Mayor and Council Communication No. C-12621 from the City bond fund transfer Manager, as follows: and authorized Change Order No. 1 SUBJECT: PROPOSED CHANGE ORDER NO. 10 TO VILLAGE CREEK WASTEWATER TREATMENT with Martin K. PLANT, SLUDGE MANAGEMENT PROJECT, PHASE I -B-2, DIGESTERS AND Eby, Inc. for con- THICKENERS (MARTIN K. EBY, INC.) struction of VCWWT Sludge Management Project. Prase 1- B-2, Digesters and Thickeners Minutes of City Council Q-3 Page 458 M&C C-12621 cont. re bond fund tran- sfer and authorize Change Order No. 10 with Martin K. Eby, Inc. for con- struction of VCWWT Sludge Management Project, Phase 1-B -2, Digesters and Thickeners x'59 TUESDAY, NOVEMBER 27,.1990 RECOMMENDATION: It is recommended that the City Council: 1. Authorize a bond fund transfer in the amount of $47,328 from Sewer Capital Improvement Fund PS08, Center No. 070080139010, Unspecified to Grant Fund GR76, Account No. 541200, Center No. 070214698040, Village Creek Sludge Management Project, Phase I -B-2, Digesters and Thickeners; and 2. Authorize Change Order No. 10 in the amount of $47,327.64 to Contract No. 16849 with Martin K. Eby, Inc. for construction of VCWWTP Sludge Management Project, Phase I -B-2, Digesters and Thickeners, revising the total contract cost to $15,135,244.90. PROJECT NO.: PS54-070540160010 (GR76-070214698040) RAf vnPn11Nn- On November 22, 1988 (M&C C-11320), the City Council authorized the award of a contract to Martin K. Eby, Inc. for construction of the Sludge Management Project, Phase I -B-2, Digesters and Thickeners at the Village Creek Wastewater Treatment Plant. PROPOSED CHANGE ORDER: During construction, certain modifications, changes and/or additions to the contract were necessary for a complete, functional and operational system. The contractor, Martin K. Eby, Inc. will perform this additional work for $47,327.64. The proposed changes are as follows: 1. Relocate polymer feed pump control panel to north fare of structure and elevate to allow access and maintenance @ Lump Sum $2,365.00 2. Relocate digested sludge control panel to northwest corner of building from floor mounted to wall mounted @ Lump Sum $10,364.00 3. Relocate M17-8 on 24 -inch D-24 line to avoid contact with existing piping @ Lump Sum $4,957.00 4. Modify and reroute electrical cable tray in digester gallery to avoid conflict with mechanical piping in the gallery @ Lump Sum $3,071.55 5. Reroute and modify 8 -inch LSG-41 due to conflict in process piping @ Lump Sum $2,036.71 6. Add 2 14 -inch plug valves on digested sludge line to allow valve connections to line without shutting off the entire system @ Lump Sum $7,720.17 7. Add 24 control relays, wiring enclosures and hardware for control loops in the control room @ Lump Sum $15,635.21 8. Add interlock control to sludge withdrawal pumps and digested low level switch @ Lump Sum $1,178.00 Total Change Order $47,327.64 The net effect of the proposed change order is as follows: Original Contract Cost $15,250,000.00 Extras to Date 286,019.26 Credits to Date (448,102.00) Proposed Change Order No. 10 47,327.64 Revised Contract Cost $15,135,244.90 The construction manager, BCFN and the staff engineers of the Water Department have reviewed the proposed charges and found them reasonable for similar work. FINANCING: Sufficient funds are available to transfer from Sewer Capital Improvement Fund PS08, Center No. 070080139010, Unspecified. Upon approval and completion of Recommendation No. 1 in the amount of $47,328.00, sufficient funds will be available in Grant Fund GR76, Center No. 070214698040, Village Creek Sludge Management Project, Phase I -B-2, Digesters and Thickeners. Expenditures will be made from Account No. 541200. M&C C-12621 adopte� It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council Q-3 Page 459 -461 TUESDAY, NOVEMBER 27. 1990 M&C C-12622 re There was presented Mayor and Council Communication No. C-12622 from the City bond fund transfer Manager stating that City Secretary Contract No. 16178 was authorized with Camp Dresser and authorized and McKee, Inc. for engineering services necessary to design the Eagle Mountain Water Amendment No. 3 - Treatment Plant on January 12, 1988, by Mayor and Council Communication No. C-10744; with Camp Dresser submitting proposed Amendment No. 3, to the contract in the additive amount of and McKee, Inc. $84,500.00 for additional engineering services; and recommending that a bond fund for engineering transfer in the amount of $84,500.00 be authorized from Water Capital Improvement Fund services relating PW77, Center No. 060770169010, Unspecified, to Water Capital Improvement Fund PW77, to the design of Center No 060770220010, Eagle Mountain Water Treatment Plant, and that the City Manager Lake Pump Station, be authorized to execute Amendment No. 3 to the engineering agreement with Camp Dresser Raw Water Pipe and McKee, Inc., City Secretary Contract No. 16178, for engineering services relating Line and Eagle to the design of the Lake Pump Station, Raw Water Pipe Line and Eagle Mountain Water Mountain Water Treatment Plant, increasing the maximum total fee by $84,500.00 from $3,566,750.00 to Treatment Plant $3,651,250.00. It was the consensus of the City Council that the recommendation be adopted. M&C C-12623 re There was presented Mayor and Council Communication No. C-12623 from the City contract with Manager stating that City Secretary Contract No. 17181 was authorized by Mayor and RJN McCullough Council Communication No. C-11710 on June 13, 1989, with RJN McCullough Associates, Associates, Inc. Inc., to design the replacement of Sanitary Sewer M-73 through the Zoo and provide for engineering plans and specifications for the correction of inflow/infiltration defects in the services relating sanitary sewer system; proposing Amendment No. 1 to the contract for additional to Sanitary Sewer engineering services in the amount of $26,853.00 due to a significant number of Main 37 and Main overtime hours worked by contractor and extra work items related to rehabilitating a 73 Drainage Area sewer in the Wi 1 shi re/G1 enco alley; and recommending that a fund transfer in the amount Replacement/Re- $26,853.00 be authorized from Water and Sewer Operating Fund PE45, Account No. 541200, Nabi i i tati on Center No. 0709020, to Sewer Capital Improvement Fund PS58, Account No. 539120, Center No. 070580220070, M-37 and M-73 Drainage Area Replacement; and that the City Manager be authorized to execute Amendment No. 1 to the engineering agreement with RJN McCullough Associates, Inc., City Secretary Contract No. 17181, increasing the total fixed fee by $26,853.00. It was the consensus of the City Council that the recommendation be adopted. M&C C-12624 re There was presented Mayor and Council Communication No. C-12624 from the City lease agreement Manager stating that the City Council on January 29, 1985, by Mayor and Council with Fort Worth Communication No. C-8832, authorized City Secretary Contract No. 14288 leasing Thomas Independent School Place Recreation Center from the Fort Worth Independent School District; that the Fort District for Worth Independent School District has agreed to lease the recreation center for an Thomas Place Re- additional five years subject to the same terms, conditions, and rental as the present creation Center lease; that funds are available in General GGO1, Center No. 0803010, Program for five years Administration, Account No. 537010; and recommending that the City Manager be ,authorized to execute a lease agreement with the Fort Worth Independent School District extending the City's lease of Thomas Place Recreation Center for five years at $3,600.00 per year. M&C C-12625 re authorized ter- mination with Deeley-Brown Join Venture for pro- fessional service for Design of Fir Station No. 2 Renovations and authorized contra with Paul Deeley for design of re- duced scope of project Council Member Chappell requested permission to abstain from voting on Mayor and Council Communication No. C-12624 and, on motion of Council Member Meadows and seconded by Council Member McGray, the request to abstain from voting was approved. Council Member Zapata made a motion, seconded by Council Member McGray, that the recommendation, as contained in Mayor and Council Communication No. C-12624, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Granger, McGray, Meadows, and Webber NOES: None ABSENT: None NOT VOTING: Council Member Chappell There was presented Mayor and Council Communication No. C-12625 from the City anager, as follows: SUBJECT: TERMINATION OF A/E CONTRACT NO. 17552 WITH DEELEY-BROWN JOINT VENTURE AND AWARD OF NEW A/E CONTRACT FOR THE DESIGN OF FIRE STATION NO. 2 RENOVATIONS TO PAUL DEELEY OF FORT WORTH RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Terminate City Secretary Contract No. 17552 with Deeley-Brown Joint Venture for professional services on the design of the Fire Station No. 2 Renovation; and 2. Execute a contract with Paul Deeley, 3303 Hulen, Fort Worth, for design of the reduced scope of the project for a fee of $48,000. Minutes of City Council Q-3 Page 460 4GI a. TUESDAY, NOVEMBER 27, 1990 M&C C-12625 cont. BACKGROUND: re authorized Center 020070111020 to finance this contract. Expenditures will be made from termination with On July 7, 1987 (M&C C-10404), the City Council approved a contract for Deeley-Brown Joint Venture for professional services to design the facility with the Joint Venture firm of pro- fessi onal services Deeley-Brown for a fee of $166,000. for Design of Fire On November 7, 1989 (M&C C-11978), the City Council approved Amendment No. 1 Station No. 2 Re- novations and to the contract for an additional $8,000. authorized contract with Paul Deeley F.s� Final plans and specifications were completed in December, 1989. The project for design of re- was placed on hold pending the awarding of the construction contract for the duced Fire Department Bolt Street Complex. The Bolt Street project was a direct scope of project offshoot of the space allocation at Fire Station No. 2. The plans for the for management of Bolt Street Complex were provided by Wadkins & Associates, the miscellaneous medical insurance projects architect for the City. program of benefit On August 14, 1990 (M&C C-12477), the City Council approved awarding the for retired employ construction contract at the Bolt Street Complex to Coronado Builders for ees and dependents $217,607. Budget constraints prevent the completion of Fire Station No. 2 as it is currently designed. Therefore, it is desirable to reduce the scope of the project to fit within the $428,486.53 remaining in the project budget. The intent is to do the remodeling so that it provides a basis for implementation of the master plan designed by Deeley-Brown at a future date when the necessary funds are available. In this way, the plans on file for Phase II of the project can be used without loss of design costs. However, the plans provided by Deeley-Brown cannot be used for bidding this reduced scope of the project. They are much too complicated and will only serve to confuse the prospective contractors as to the limits of this phase. New plans and specifications encompassing only the reduced scope must be provided to ensure accurate bidding. The Deeley-Brown Joint Venture is no longer an existing entity and an amendment to the existing contract cannot be attained. There is $41,500 remaining in the original contract for inspection of the construction. Thus, Staff recommends that the existing contract be terminated and the $41,500 be applied to the cost of redesign. ARCHITECT SELECTION: Since Paul Deeley has already done considerable research into the requirements of the renovation of the project, the most economical approach to providing redesign is to utilize his services for the new contract. This approach also provides continuity for the implementation of the next phase of construction. Negotiations with Mr. Deeley resulted in a proposal from him to provide the necessary professional services including design, contract management and construction inspection for the project for a fee of $48,000. The design of the reduced scope for the project results in a net increase of $6,500 over the original contract. FUNDING: Minutes of City Council Q-3 Page 461 Sufficient funds are available in Public Safety Improvements Fund GC07, Center 020070111020 to finance this contract. Expenditures will be made from Account No. 541200, Outside Consultants. M «C C-12625 It was the consensus of the City Council that the recommendation be adopted. adopted M&C C-12626 re There was presented Mayor and Council Communication No. C-12626 from the City authorized pro- Manager, as follows: fession services agreement with SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH SANUS TEXAS HEALTH PLAN, Sanus Texas Health INC., FOR RETIREE GROUP HEALTH INSURANCE SERVICES Pian, Inc. (SANUS) for management of RECOMMENDATION: medical insurance program of benefit It is recommended that the City Council authorize the City Manager: for retired employ ees and dependents 1. To enter into a professional services agreement with Sanus Texas Health Plan, Inc., (SANUS) for management of the City's medical insurance program of benefits for retired employees and their dependents, as summarized in Attachments A and B, for the period January 1, 1991 through September 30, 1991 for a fee of $554,814; 2. To notify the Aetna Life and Casualty Company of termination of the City's current agreement with Aetna for administration of the retiree group health insurance program effective December 31, 1990; and, Minutes of City Council Q-3 Page 461 4(3Z' MU'C C-12626 cont. re authorized profession servic agreement with Sanus Texas Healt Pian, Inc. (SANUS for management of medical insurance program of benefi for retired em- ployees and de- pendents TUESDAY, NOVEMBER 27, 1990 s 3. To notify ThriftDrug of the termination of the current agreement with ThriftDrug for mail-order pharmacy service effective December 31, 1990. DISCUSSION: On August 14, 1990, the City Council approved a professional services s agreement with SANUS to administer the City's group health insurance program for its active employees and their eligible dependents (M&C G-8762). At the direction of the City Council Insurance Committee, the City's consultant for group health insurance matters, Asset Protection Agency, Inc. (APA), requested proposals for administration of the retiree group health insurance program from its current administrator, Aetna Life and Casualty Company, and SANUS. At the October 23, 1990 meeting of the City Council Insurance Committee, APA recommended SANUS to serve as the administrator for a nine-month period beginning January 1, 1991, after discussion of the proposals. Acting upon the recommendation of its consultant, the City Council Insurance Committee instructed City staff to pursue an agreement with SANUS to administer a comparable program for its retired employees and their eligible dependents. BENEFIT FEATURES: The recommended program will have benefit features similar to the program for active employees. (See Attachment A.) The City will contribute a fixed amount toward the financing of the program, with the balance to be funded by retiree contributions; the program for active employees is funded in the same manner. Retirees may select the following options: (1) "in -network" benefits (low option) at no cost to them and lower cost for their dependents; (2) "out -of -network" benefits (low option) for only those retirees who live too far from the service area to access "in -network" benefits, at no cost to the retiree and lower cost for their dependents; or (3) combined "in -network/ out -of -network" benefits (high option) which imposes a cost to cover retirees and a higher contribution cost for their dependents. (See Attachment B). The major benefit difference between the retiree program and that of the active employees is that the retiree program has a "Medicare carve out" component. The proposed plan will secondarily cover Medicare eligible retirees and their dependents for covered expenses up to the Cityy s plan limits after coordination with Medicare Parts A and B. For those retirees who are not eligible for Medicare, the City's plan is primary. It is estimated that approximately 10% to 15% of the retirees are eligible for Part B of Medicare coverage, but have not yet enrolled as it was not relevant under the City's previous plan. The next Medicare open enrollment period begins in January, 1991 for coverage effective July, 1991. The actuarialassumptions underlying the cost of the City's proposed retiree group health plan for January - September, 1991 assumed a January 1, 1991 implementation date for the full Medicare carve -out provisions of this plan; however, it will be July 1, 1991 before the entire cost savings of the Medicare carve -out may be implemented. Therefore, the retiree health program may be underfunded as a result of the delay in full Medicare care -out implementation. The amount of the shortfall is difficult to determine precisely as it depends upon the actual number of persons affected, their potential claims, and their selection of high or low option City group health insurance coverages. The shortfall is, however, estimated to be less than $100,000 for the six month period. COST: Where the retiree chooses the "in -network" benefits (low option) or "out -of -network" benefits (low option) for those living too far out of the service area, a retiree's own health care coverage will continue to be provided at no cost and the cost to cover retiree dependents will remain the same. (See Attachment B.) If the retiree chooses combined "in -network/ out -of network" benefits (high option), the retiree who covers him/herself only will be required to pay thirty-six dollars ($36) per month for this coverage. Costs of high option dependent coverage will also increase. (See Attachment B.) Under its contract with the City, SANUS will render managed care services that will include, but not be limited to, claims review and assessment, pre -certification for scheduled hospital stays, utilization review and large case management including identification of home health care alternatives, certification of physicians and other providers available under the network, education and information services, and claims payment. The SANUS staff located on-site in the Insurance Office will also be available to assist retirees and their families with their insurance needs. A stand-alone optional dental plan also will be made available to retirees through the Sanus Dental Plan of Texas, Inc. The City will not contribute to Minutes of City Council Q-3 Page 462 ,W3 TUESDAY, NOVEMBER 27, 1990 M&C C-12626 cont. the cost of this plan, nor does it do so for active employees and their re authorized profession service agreement with FINANCING• Sanus Texas Health Plan, Inc. (SA NU S) Sufficient funds to support the Sanus Texas Health Plan, Inc. contract in the for management of amount of $554,814 are available in the Health Insurance Fund FE85, Account medical insurance 539120, Center 0158570, Retiree Insurance Administrative Costs. Revenue from program of benefits retiree contributions to help fund the plan will be based on the options for retired employ selected by the retirees and their eligible dependents. ees and dependentsil Mr. Benny Squyres Mr. Benny Squyres, 3920 Van Deman, appeared before the City Council and expressed MAC C-12526 opposition to the recommendation contained in Mayor and Council Communication No. C-12626. Mrs. Susan Bulla Mrs. Susan Bulla, Risk Management Director, appeared before the City Council and MUOC C-12626 advised the City Council that a thirty -day cancellation clause must be enforced against the current provider of Insurance for Retired Personnel and that, if the matter is not acted upon today, it would be difficult to comply with the thirty -day cancellation clause. Mr. David Manning Mr. David Manning, representing the Fort Worth Police Officers Association, MAC C-12626 appeared before the City Council and expressed opposition to Mayor and Council Communication No. C-12626. Council Member Chappell made a motion, seconded by Council Member McGray that the recommendations, as contained in Mayor and Council Communication C-12626, be adopted and, when the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison, Granger, McGray, Meadows, Webber and Chappell NOES: Council Member Zapata ABSENT: None M&C, CP -2750 re There was presented Mayor and Council Communication No. FP -2750 from the City accepted as Manager stating that the Buck Sansom soccer/softball fields grading and irrigation complete Buck improvements have been completed in accordance with plans and specifications under Sansom Soccer/ Contract No. 17791 awarded to General Industrial Contractors on March 27, 1990; and Softball Fields recommending that the project be accepted as complete and that final payment in the grading and irr- amount of $448.70 be authorized to General Industrial Contractors with funds available i gati on i mprovemen in Park and Recreation Improvements Fund GC05, Retainage Account No. 205000, Center No. to General Indu- 000050410080. It was the consensus of the City Council that the recommendation be strial Contractors adopted. M&C FP -2751 re There was presented Mayor and Council Communication No. FP -2751 from the City complete assess- Manager stating that the assessment paving of East Baltimore Avenue from Beverly to men t paving of EaA Delaware has been completed accordance with the plans and specifications under contract Baltimore from No. 17633 awarded to Apac-Texas, Inc. (Fort Worth Division) on January 2, 1990; and Beverly to Dela- recommending that the project be accepted as complete; that final payment in the amount ware and authorizel of $8,250.54 be authorized to Apac-Texas, Inc. (Fort Worth Division) with funds final payment to available in Street Improvements Fund GS67, Retainage Account No. 205060, Center Apac-Texas, Inc. No. 000670402020; and that the final assessment rolls be approved and the issuance of (Fort Worth Divi- certificates in evidence of the special assessments levied against abutting property sion) owners of East Baltimore from Beverly to Delaware be authorized. It was the consensus of the City Council that the recommendation be adopted. M&C FP -2752 re There was presented Mayor and Council Communication No. FP -2752 from the City accepted as Manager stating that the Slurry Seal (1989) street improvements have been completed in complete contract accordance with plans and specifications on Contract No. 17466 awarded to Young for slurry Seal Brothers, Inc., Contractors, on October 24, 1989; and recommending that the project be (1989) Street Im- accepted as complete and that final payment in the amount of $15,940.86 be authorized provements to to Young Brothers, Inc., Contractors, with funds available in Contract Maintenance Fund Young Brothers. GS93, Retainage Account No. 205021, Center No. 000930511030. It was the consensus of Inc., Contractors the City Council that the recommendation be adopted. M&C FP -2753 re There was presented Mayor and Council Communication No. FP -2753 from the City accepted as Manager stating that the remediation of 11 underground fuel storage tanks at Meacham complete Remedi a- Airport has been completed in accordance with plans and specifications under Contract tion of 11 under- No. 17823 authorized to Tank Systems, Inc., on April 24, 1990; and recommending that ground fuel stor- the project be accepted as completed and that final payment in the amount of $33,846.94 age tanks at be authorized to Tank Systems, Inc. It was the consensus of the City Council that the Meacham Airport to recommendation be adopted. Tank Systems, Inc. M&C G-8930 re There was presented Mayor and Council Communication No. G-8930 from the City Public Hearing for Manager, as follows: Improvement/Servic e s provided by SUBJECT: ACTION CONCERNING IMPROVEMENTS/SERVICES PROVIDED BY THE FORT WORTH Fort worth Improve IMPROVEMENT DISTRICT NO. 2 IN 1990 ment District 2 in 1990 11 Minutes of City Council Q-3 Page 463 464 r M&C G-8930 cont. re public hearing for improvement/ services provided by Port Worth Improvement Distri t No. 2 in 1990 TUESDAY, NOVEMBER 27, 1990 RECOMMENDATION: It is recommended that the City Council take the following action regarding Fort Worth Improvement District No. 2: 1. Hold a public hearing regarding the Plan of Services and Budget for 1990. 2. Adopt the service, improvement and assessment plan for 1990 which was recommended by the Perot Group which is representing the property owners of Fort Worth Improvement District No. 2 (the "District"). 3. Adopt the attached Resolution which: (a) makes certain findings concerning the proposed improvements and/or services to be provided by the District during 1990, the estimated costs, the method of assessment and the apportionment of costs between the District and the City as a whole; and (b) directs the City Secretary to publish notice of such findings as provided by law. 4. Waive the requirement that the City Manager take competitive bids for the improvements and/or services to be provided by the district in 1990 and authorize the City Manager to execute a contract with The Perot Group to provide improvements and/or services in the District during 1990 and be subject to renewal in subsequent years. 5. Adopt the proposed assessment rolls and set Tuesday, December 18, 1990 at 10:00 a.m. as the time and date for the benefit hearing. 6. Direct the City Secretary to give notice of the December 18, 1990 hearing in accordance with state law. BACKGROUND: On November 27, 1990, the City Council will hold a public hearing concerning the service plan and budget for the Fort Worth Improvement District No. 2 (the "District").. The budget will be based on the proposed assessments to be collected as shown on the proposed assessment rolls and a subsidy from The Perot Group. Once the budget and plan of services have been approved, as well as the proposed assessment roll, the benefit hearing can be held and assessments levied. It is proposed that the City would collect the assessments and pay The Perot Group to implement the Plan of Services according to the District budget. Section 252.022 of the local government code provides that competitive bids are not required to be taken if at least one-third of the cost of the improvements on the related matters to be procured by a city are to be paid for by or through special assessments levied on property that will benefit from the improvements. A copy of the proposed contract will be forwarded to each Council member for review. In the absence of a request by any Council member that the matter be placed on an upcoming Council agenda for discussion, the City Manager will proceed to execute same on behalf of the City. Mrs. Ann Di vel ey Mrs. Ann Di vel ey, representing the City Managers Office, appeared before the City M&C G-8930 Council and advised the City Council that the purpose of today's public hearing is to receive comments regarding the budget and plan of services for the Public Improvement District known as the Fort Worth Improvement District No. 2; that notice of the hearing has been given in accordance with State Statutes; and that if, at the conclusion of the hearing, Mayor and Council Communication No. G-8930 is approved, a benefit hearing will be held on December 18 to consider the assessments and a contract with the Perot Group will be prepared. Mr. Ron White Mr. Ron White, representing Hillwood Development Company, appeared before the City re M&C G-8930 Council and advised the City Council that property owners had signed a form indicating that they understand the assessments to be levied. There being no one else present desiring to be heard in connection with the hearing on the proposed budget and plan of service for Public Improvement District known as Fort Worth Improvement District No. 2, Council Member Meadows made a motion, seconded by Council Member Chappell, that the hearing be closed and that the recommendations, as contained in Mayor and Council Communication No. G-8930, be approved except that the line item in the Public Improvement District No. 2 budget be changed from "Capital Recovery" to "Contingency" with all dollar amounts remaining the same. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Council Members Zapata, Garrison, Granger, McGray, Meadows, and Chappell NOES: Mayor Pro tempore Gilley and Council Member Webber ABSENT: None Minutes of City Council Q-3 Page 464 TUESDAY, NOVEMBER 27, 1990 Introduced a Council Member Meadows introduced a resolution and made a motion that it be resolution adopted. The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Council Members Zapata, Garrison, Granger, McCray, Meadows, and Chappell NOES: Mayor Pro tempore Gilley and Council Member Webber ABSENT: None The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1689 1689 WHEREAS, on August 9, 1988, the City Council of the City of Fort Worth, Texas, adopted a Resolution which authorized the establishment of the Fort Worth Improvement District No. 2 (the "District") as provided by state law; and WHEREAS, at 10:00 a.m. on November 27, 1990, the City Council held a public hearing concerning the following matters: (a) the general nature of the proposed improvements and/or services to be provided by the District during 1990; (b) the estimated cost of such improvements and/or services; (c) the proposed method of assessment; (d) the proposed apportionment of costs between the Improvement District and the City as a whole; and WHEREAS, the City Council adjourned such public hearing and adopted this resolution which: ( a ) makes findings concerning the nature and advisability of the improvements and/or services to be provided by the District during 1990, the estimated costs, the method of assessment, and the apportionment of costs between the District and the City as a whole; (b) adopts the service, improvement and assessment plan which was recommended by The Perot Group for 1990; and (c) approves the budget, service, and assessment plan recommended by The Perot Group for the years 1990-1994, and authorizes the City Manager to execute a contract with The Perot Group for payment from available district funds for costs incurred to provide services as outlined in the plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 1. The City Council, after duly considering the evidence and testimony presented at the public hearing held on November 27, 1990, hereby makes the following findings: (a) It is advisable for the Fort Worth Improvement District No. 2 (the "District") to undertake and provide improvements and/or services during 1990. (b) The general nature of the proposed improvements and services to be provided by the district shall include: (1) An improvement district landscaping, construction and maintenance program consisting of the planting and maintenance of special supplemental landscaping, the construction and maintenance of special supplemental fencing, and the construction and maintenance of special supplemental irrigation systems along Park Vista Boulevard and Basswood Boulevard. A description of the proposed improvements is on file in the office of the City Secretary of the City of Fort Worth. (2) An improvement district management program to provide for the establishment, administration, management, and operation of the district. Minutes of City Council Q-3 Page 465 46 J: TUESDAY, NOVEMBER 27, 1990 Resolution No. (3) The City will be paid $10,000 per year for administrative 1689 cont. costs, and an additional $10,000 for the first year for the additional costs of establishing a district. The proposed improvements and/or services would be a supplement to the standard existing level of city improvements and/or services and would constitute an added increment to the improvements and/or services normally provided to the taxpayers generally. The City would continue to furnish or pay for standard improvements and/or services in the district at the same level as they would be provided to the taxpayers generally. (c) According to the Plan of Services and Budget hereto approved and adopted by the City Council, the cost of the improvements and/or services of the district during calendar year 1990: TOTAL TO BE COST ASSESSED (a) Expense of establishing the district $ 20,000 $ 20,000 (b) Cost of maintenance $221,335 $125,052 (c) Replacement reserve $ 5,000 $ 5,000 (d) Expense of administration/operation $ 10,000 $ 10,000 (e) Capital recovery $ 1,000 $ 1,000 TOTAL $257,335 $161,052 Note 1 The remaining $96,283 in revenue will come from a subsidy provided by the Hillwood Development Company. The cost of constructing additional improvements and/or providing additional supplemental services in subsequent years will be determined in the annual service plan to be adopted and amended from time to time by the City Council. (d) The approximate boundaries of the improvement district are: Within an area bounded by State Highway 377 on the east; Western Center Boulevard on the South; Teal Drive on the west; and Summerfields Boulevard on the north. Such area is more particularly shown on a map which is on file in the office of the City Secretary of the City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas, and is made a part hereof by reference. (e) The method of assessment is: (1) A service plan will be approved and adopted by the City Council for a period of not less than five years. The plan shall be reviewed and updated annually by the City Council to determine the annual budget for improvements and/or services within the district. (2) The cost of an improvement and/or special service will be assessed against real property within the District on a square footage basis. The assessment rate per square foot will vary for different categories of property (e.g., commercial vs. residential and platted vs. unplatted) depending on the relative benefit conferred on each category of property. In determining the relative benefit conferred, consideration will be given to the proximity of the property to the improvements, traffic generation, enhanced value, noise abatement, and security. Using the results of the benefit analysis, actual assessment rates for each category of property were calculated based on the total square footage contained in each category and on the approved district budget. The assessment rates are as follows: Category Per Sq. Foot Assessment Unplatted Commercial $0.001353 Unplatted Multi -Family $0.004342 Unplatted Single Family $0.005086 Platted Commercial $0.007670 Platted Multi -Family $0.024646 Platted Single Family $0.028880 For all platted single family properties, assessments will levied against the full area of a subject parcel, provided however, that no assessment will be levied for the area in excess of 7,500 square feet. (f) The apportionment of costs between the improvement district and the city as a whole shall be: (1) All of the cost of an improvement and/or service shall be paid by special assessments against real property in the district or by subsidy funds provided by the Hillwood Development Company. Minutes of City Council Q-3 Page 466 1167 TUESDAY, NOVEMBER 27, 1990 Resolution No. (2) The City Council of the City of Fort Worth will be authorized 1689 cont. to establish by ordinance reasonable classifications and formulas for the apportionment of costs between the City and the property to be assessed and to establish the methods for assessing special benefits for various classes of improvements and/or services. (3) The City as a whole will continue to provide standard improvements and services to the district at the same level as they are provided to the taxpayers generally. (g) The probable maximum benefits to be conferred on each tract in the district because of the improvements and/or services shall be greater than the amount of the assessment against such tract and the owners thereof. (h) The City Council Resolution of August 9, 1988 authorizing establishment of the district provides that the District will exist for an indefinite term unless the District is terminated as provided by law. 2. The City Secretary is hereby directed to give notice of authorization for the district to provide improvements and/or services during 1990 by publishing a copy of this Resolution once in a newspaper of general circulation in the City of Fort Worth. 3. The City Manager is hereby authorized to execute a contract with The Perot Group to provide improvements and/or services in the district under this Resolution and the service plan for 1990 is hereby adopted by the Council. 4. The district shall be a complete alternative to other methods by which the City of Fort Worth may finance public improvements and/or special supplemental services by assessing property owners. Mr . Tec; -Cue re Mr. Ted Cue, 3733 Earl, appeared before the City Council and requested that the Will Rogers Will Rogers Auditorium emergency code repair be made in sufficient time to permit 23 Auditorium stage shows to be performed by the Johnny High Musical during the Livestock Show Period. Mr. Cue was advised that repairs cannot be made to the Will Rogers Auditorium during that time frame and suggested that he talk with Casa Manana official. Mr. Cue confirmed to Mayor Pro tempore Gilley that he, Mr. Cue, is in charge of Johnny High promotions. Ms. Jeanne Strick- ea ne Stri ckassault Jeanne Strickland appeared before the City Council regarding an assault in the Water Garden and the dismissal of the Case by the Detective handling the land questioned assault case. Ms Strickland was advised to talk to Police George Stein. in the ila ter Garden Met in closed of It was the consensus of the City Council that the City Council meet in closed of executive session to receive the advise of its attorney concerning the following executive -session matters: 1. (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) Proposed Amendment to Section 2-238 of the Code of Ethics Ordinance; as authorized ,by Section 2(e), Article 6252-17, V.A.C.S., the Texas Open Meeting Act. 2. To discuss the appointment of members of the Ethics Review Committee, as authorized by Section 2(g), Article 6252-17, V.A.C.S., the Texas Open Meeting Act. Reconvened into The City Council reconvened into regular session, with all members present, at reguiar session which time the following business was transacted: Nom i rated Ma i i nda Mayor Pro tempore Gilley nominated Melinda Vance, Hortencia Laguna, Dr. Richard Vance, Hortencia O'Neal, the Reverend W. G. Daniels, and Mr. George Wiederaenders for membership on Laguna, '0'r".' - Ethics Review Committee and made a motion, seconded by Council Member McGray, that Mrs. Richard O'lleai, th Vance be appointed to Place 1 for a term of office expiring October 1, 1993; The Reverend I.G. Reverend W. G. Daniels be appointed to Place 2 for a term of office expiring October 1, Dan i e 3 s and Mr. 1992; Dr. Richard O'Neal be appointed to Place 3 for a term of office expiring October George Wiederaend- 1, 1993; Mr. George Wiederaenders be appointed to Place 4 for a term of office expiring ers f o: - Membersh i p October 1, 1992; and Mrs. Hortencia Laguna be appointed to Place 5 for a term of office on the Ethics expiring October 1, 1993. When the motion was put to a vote by the Mayor, it prevailed Review Committee unanimously. Adjourned There being no further business, the meeting was adjourned. CITY SECRETARY MAYOR Minutes of City Council Q-3 Page 467