HomeMy WebLinkAbout1990/12/11-Minutes-City CouncilCouncil Met
Members present
Invocation
Pledge of
Allegiance
Minutes of Decembei
6, 1990 be correc-
ted
Minutes of Decembei
6, 1990 were app-
roved as amended
Withdrew M&C Nos.
P-4625, C-12641,
and C-12651 from
consent agenda
Withdrew M&C P-462
from consent agendi
Withdrew M&C Nos.
C-12646, C-12649,
and G-8946 from
consent agenda
Consent agenda
approved as amender
Tabled resolution
approving the
issuance of bonds
by the Dallas -Fort
Worth Internationa
Airport Facility
Improvement Corp.
Death of Mrs.
Myrtle godfrey
CITY COUNCIL MEETING
DECEMBER 11, 1990
On the 11th day of December, A.D., 1990, the City Council of the City of Fort
Worth, Texas, met in regular session, with the following members and officers present,
to -wit:
Mayor Bob Bolen; Mayor Pro tempore William N. Garrison; Council Members Garey W.
Gilley, Kay Granger, Eugene McCray, Bill Meadows, Virginia Nell Webber, and David
Chappell; City Manager David Ivory; City Attorney Wade Adkins; City Secretary Ruth
Howard; Council Member Louis J. Zapata absent on City of Fort Worth business; with more
than a quorum present, at which time the following business was transacted:
The invocation was given by The Reverend Betty Youngman, Browning Heights
Presbyterian Church.
The Pledge of Allegiance was recited.
Council Member Gilley requested that the minutes of December 6, 1990, be corrected
to reflect the appointment of William Leary to Place 6 on the City Plan
Commission instead of William Leary Adkins.
On motion of Council Member Gilley, seconded by Council Member Gran g.er,the minutes
of the meeting of December 6, 1990, were approved, as amended.
Council Member Meadows requested that Mayor and Council Communication Nos. P-4625,
C-12641, and C-12651 be withdrawn from the consent agenda.
Council Member Chappell requested that Mayor and Council Communication No. P-4622
be withdrawn from the consent agenda and advised the City Council that, on advice of
City Attorney Adkins, he has no conflict of interest involving Mayor and Council
Communication No. C-12643.
Council Member Gilley requested that Mayor and Council Communication Nos. C-12646,
C-12649, and G-8946 be withdrawn from the consent agenda.
On motion of Council Member Gilley, seconded by Council Member McCray, the consent
agenda, as amended, was approved.
Council Member Chappell made a motion, seconded by Council Member McCray, that
the resolution approving the issuance of bonds by the Dallas -Fort Worth International
Airport Facility Improvement Corporation for American Airlines, Inc., and approving
related agreements to be entered into with respect to such transactions and certain
other actions in relation thereto be tabled. When the motion was put to a vote by the
Mayor, it prevailed unanimously.
Council Member Chappell announced the death of Mrs. Myrtle Godfrey and recognized
_her dedication and service to the Rosemont neighborhood.
Minutes of City Council Q-3 Page 505
�"6
OCS-216 Liability There was presented Mayor and Council Communication No. OCS-216 from the Office of
Bonds the City Secretary recommending that the City Council authorize the acceptance of
liability bonds as follows:
Howard Construc-
tion Company
Del Weston Concre
OCS-216 adopted
PARKWAY CONTRACTOR'S BOND
Howard Construction Company
Del Weston dba Del Weston Concrete
INSURANCE COMPANY
Universal Surety of America
State Farm Fire and Casualty Company
It was the consensus of the City Council that the recommendation be adopted.
OCS-217 - Claims There was presented Mayor and Council Communication No. OCS-217 from the Office
of the City Secretary recommending that the City Council refer notice of claims
regarding alleged damages and/or injuries to the Risk Management Department, as
follows:
Emmett Oliver 1. Claimant: Emmett Oliver
Date Received: November 29, 1990
Date of Incident: On or about August 11, 1990
Location of Incident: 4600 block of Quails Lane
Attorney: Jay A. Pietsch
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges injuries sustained as the
result of acts or omissions of Police
Department when police vehicle, in pursuit of
stolen car, went out of control and struck
vehicle in which Mr. Oliver was a passenger.
Michael Barrett 2. Claimant: Michael Barrett
Date Received: November 29, 1990
Date of Incident: July 10, 1990
Location of Incident: Southbound on Riverside Drive approaching
West Vickery Street
Attorney: C. Doyle Lee
Estimate of Damages/
Injuries: $3,496.00
Nature of Incident: Claimant alleges injuries as result of
vehicular accident allegedly caused by
malfunctioning signal light.
Robert Lenn Jones, 3. Claimant: Robert Lenn Jones, Jr.
Jr. Date Received: November 29, 1990
Date of Incident: June 3, 1990
Location of Incident: 9933 Plainfield
Estimate of Damages/
Injuries: $417.00
Nature of Incident: Claimant alleges injuries as result of
stepping on tranquilizing needle left behind
by Animal Control employee
Lone Star Gas 4. Claimant: Lone Star Gas Company (Jim Horn)
Company (Jim Horn ) Date Received: November 29, 1990
Date of Incident: June 24, 1990
Location of Incident: 3415 Autumn Drive
Estimate of Damages/
Injuries: $749.12
Nature of Incident: Claimant alleges damages as result of damage
to 1" steel I.P. service located at 3415
Autumn Drive
Katheryne Ruth 5. Claimant: Katheryne Ruth Saw
Saw Date Received: November 29, 1990
Date of Incident: November 13, 1990
Location of Incident: Log Cabin Village, 2301 Rogers Road
Estimate of Damages/
Injuries: $146.23
Nature of Incident: Claimant alleges injuries as result of being
attacked by cat at Log Cabin Village
Pamela Alisa Chote 6. Claimant: Pamela Alisa Chote
Date Received: November 29, 1990
Date of Incident: Wednesday, July, 1990
Location of Incident: Around the 4900 block of Penrose Avenue
Estimate of Damages/
Injuries: $1,008.17 - $1,042.08
Nature of Incident: Claimant alleges vehicular damages as result
of sanitation worker walking into path of her
vehicle
Minutes of City Council Q-3 Page 506
r --n
J_7
herry Cantu
7. Claimant:
Sherry Cantu
Date Received:
November 30, 1990
Date.of Incident:
Undeclared
Location of Incident:
2021 Grandview Drive
Estimate of Damages/
Injuries:
$2,186.28 - $2,643.72
Nature of Incident:
Claimant alleges damages as result of sewer
back-up
.V. Westernhagen
8. Claimant:
G. V. Westernhagen
Date Received:
December 3, 1990
Date of Incident:
March 11
Location of Incident:
1909 Blue Bonnet Drive
Estimate of Damages/
Injuries:
$112.40
Nature of Incident:
Claimant alleges damages as the result of
flooding
eff Penny, Jr.
9• Claimant:
Jeff Penny, Jr.
Date Received:
December 3, 1990
Date of Incident:
October 28, 1990
Location of Incident:
3620 Griggs
Estimate of Damages/
Injuries:
$563.00 - $1,085.00
Nature of Incident:
Claimant alleges damages as result of police
running into fence
uby Justice 10. Claimant: Ruby Justice
Date Received: December 4, 1990
Date of Incident: August 6, 1990
Location of Incident: 1000 Throckmorton (Underground Elevator)
Estimate of Damages/
Injuries: $5,000.00
Nature of Incident: Claimant alleges injuries as result of
allegedly being pushing backwards by an
opening underground elevator
OCS-218 Correspon- There was presented Mayor and Council Communication No. OCS-218 from the Office
Bence from Barney
and Pauline Usel - of the City Secretary recommending that correspondence from Barney and Pauline Usel ton
ton regarding the regarding the proposed assessment on Block 13, Lots 18 and 19, Emory College
proposed assess- Subdivision, located on Grainger Avenue, be referred to the Office of the City Manager.
men t on Block 13, It was the consensus of the City Council that the recommendation be adopted.
Lots 18 and 19 It appearing to the City Council that the City Council on October 30, 1990, set
BH -0039 assess- today as the date for the benefit hearing in connection with the assessment paving of
me n t of North Nichols Street from Long Avenue to N.E. 38th Street and that notice of the hearing has
Nichols Street
been given by publication in the Fort Worth Star -Telegram, the official newspaper of
the City of Fort Worth, Texas, on November 15, 16, and 19, 1990, Mayor Bolen asked if
there was anyone present desiring to be heard.
rs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public
e BH -0039 re Works, appeared before the City Council and called attention of the City Council to
ssessment of North Mayor and Council Communication No. BH -0039, as follows:
ich ols Street SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF N. NICHOLS STREET FROM
H-0039 ILONG AVENUE TO N.E. 38TH STREET (PROJECT NO. 67-040222)
Gi4d� uI'PuIN►Q.ism
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 N. Nichols Street from
Long Avenue to N.E. 38th Street.
DISCUSSION:
The 1986 Capital Improvement Program approved in March 1986, included funds
for the improvement of N. Nichols Street from Long Avenue to N.E. 38th
Street. The existing street consists of standard HMAC pavement 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-8877), the City Council established December 11,
1990, as the date of the benefit hearing. Notices have been given in
accordance with Article 1105b, Vernon's Annotated Civil Statutes.
The project is located in Council District 2.
Minutes of City Council Q-3 Page 507
BH -0039 re
assessment of
North Nichols
Street
PROPOSED IMPROVEMENTS:
It is proposed to improve this segment of N. Nichols Street by a standard
concrete pavement with standard curb on a stabilized subgrade. The finished
roadway will be thirty feet wide on a fifty foot right-of-way. Standard
driveway approaches will be constructed where shown on the plans.
ASSFSSMFNTS:
This street has not previously been constructed to City standards and is
located in a CDBG Target Area; therefore, in accordance with the Assessment
Paving Policy, properties zoned and used for one- and two-family residences
are not being assessed.
An independent appraiser has advised the staff as to the amount of
enhancement to property values that will result from the proposed
improvements. Based on standard City policy, the City Engineer's estimate and
the advice of the independent appraiser, the cost of the construction has
been computed at $19,737.88 (5%) for the property owners and $394,962.12
(95%) for the City of Fort Worth at large.
The independent appraisal substantiates that, as a result of the proposed
construction, each parcel of adjacent property will be enhanced in value by
in amount equal to or greater than the proposed assessment.
There being no one else present desiring to be heard in connection with the
assessment paving of N. Nichols Street from Long Avenue to N.E. 38th Street, Council
Member Gilley made a motion, seconded by Council Member Chappell, that the hearing be
closed and that the assessments be levied as recommended. When the motion was put to a
vote by the Mayor, it prevailed unanimously.
Introduced an Council Member Gilley introduced an ordinance and made a motion that it be adopted.
Ordinance The motion was seconded by Council Member Chappell. The motion, carrying with it the
adoption of said ordinance,. prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Gilley,
Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: Council Member Zapata
i
The ordinance, as adopted, is as follows:
Ordinance No. 107 13 ORDINANCE NO. 10743
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR
PART OF THE COST OF IMPROVING A PORTION OF N. NICHOLS STREET, FROM
LONG AVE. TO N.E. 38TH STREET 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 COPING 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.
M&C G-8942 re There was presented Mayor and Council Communication No. G-8942 from the City
appointment of Manager recommending that the City Council give its consent to the City Manager to
Mr. Bobby L. appoint Mr. Bobby L. Fortune to Place 4 on the Plumbing Board with a term of office
Fortune to the expiring October 1, 1992. It was the consensus of the City Council that the
Plumbing Board recommendation be adopted.
M&C G-8943 re There was presented Mayor and Council Communication No. G-8943 from the City
Uniform Mechanical Manager recommending that the City Council adopt the 1988 Uniform Mechanical Code with
Code local amendments as the Mechanical Code of the City of Fort Worth. It was the
consensus of the City Council that the recommendation be adopted.
Minutes of City Council Q-3 Page 508
UNUSUAL SITUATIONS:
Lots 6 and 7, Block 12, Fostepco Heights Addition, are owned
by the
Decatur
Avenue Baptist Church. These vacant lots have not been granted
tax
exemption
as a place of worship; therefore, they are being assessed at
the full
residential rate.
Mrs. Lunday re
Mrs. Lunday advised the City Council that the report of
Mr.
Robert Martin
BH -0039 re
regarding the enhancement to property adjacent to N. Nichols Street
from
Long Avenue to
North Nichols
N.E. 38th Street has been presented to the City Council and
that
Mr. Martin is
Street
available for questioning.
There being no one else present desiring to be heard in connection with the
assessment paving of N. Nichols Street from Long Avenue to N.E. 38th Street, Council
Member Gilley made a motion, seconded by Council Member Chappell, that the hearing be
closed and that the assessments be levied as recommended. When the motion was put to a
vote by the Mayor, it prevailed unanimously.
Introduced an Council Member Gilley introduced an ordinance and made a motion that it be adopted.
Ordinance The motion was seconded by Council Member Chappell. The motion, carrying with it the
adoption of said ordinance,. prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Gilley,
Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: Council Member Zapata
i
The ordinance, as adopted, is as follows:
Ordinance No. 107 13 ORDINANCE NO. 10743
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR
PART OF THE COST OF IMPROVING A PORTION OF N. NICHOLS STREET, FROM
LONG AVE. TO N.E. 38TH STREET 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 COPING 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.
M&C G-8942 re There was presented Mayor and Council Communication No. G-8942 from the City
appointment of Manager recommending that the City Council give its consent to the City Manager to
Mr. Bobby L. appoint Mr. Bobby L. Fortune to Place 4 on the Plumbing Board with a term of office
Fortune to the expiring October 1, 1992. It was the consensus of the City Council that the
Plumbing Board recommendation be adopted.
M&C G-8943 re There was presented Mayor and Council Communication No. G-8943 from the City
Uniform Mechanical Manager recommending that the City Council adopt the 1988 Uniform Mechanical Code with
Code local amendments as the Mechanical Code of the City of Fort Worth. It was the
consensus of the City Council that the recommendation be adopted.
Minutes of City Council Q-3 Page 508
0n40
Introduced an Council Member Gilley introduced an ordinance and made a motion that it be adopted.
Ordinance The motion was seconded by Council Member McCray. The motion, carrying with it the
adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Gilley,
Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: Council Member Zapata
The ordinance, as adopted, is as follows:
rdi nance No. 10744 ORDINANCE NO. 10744
AN ORDINANCE ADOPTING THE THE 1988 EDITION OF THE UNIFORM
MECHANICAL CODE AS AMENDED, REGULATING THE DESIGN, QUALITY OF
MATERIALS, CONSTRUCTION, LOCATION, AND MAINTENANCE OF HEATING,
COMFORT COOLING AND VENTILATING SYSTEMS IN THE CITY OF FORT WORTH,
TEXAS; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES
THEREFOR; PROVIDING FOR THE INSPECTION OF BUILDINGS; PROVIDING
PENALTIES FOR THE VIOLATIONS THEREOF; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES AND CODE
SECTIONS; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION IN
PAMPHLET FORM, DIRECTING PUBLICATION OF THE CAPTION, PENALTY CLAUSE
AND EFFECTIVE DATE; DIRECTING THE ENGROSSMENT AND ENROLLMENT OF THE
CAPTION AND PENALTY CLAUSE AND THE FILING OF THIS ORDINANCE; AND
NAMING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 2.
That it shall be unlawful for any person to construct, enlarge, alter,
repair, move, improve, convert, equip, use or maintain any heating, comfort
cooling, refrigeration, ventilating or exhaust systems or other miscellaneous
heat producing appliances in the City of Fort Worth or cause the same to be
done, contrary to or in violation of any of the provisions of this ordinance;
and that a person violating any of the provisions of this ordinance shall be
deemed guilty of a separate offense for each day or portion thereof during
which any violation of any provision of this ordinance is committed,
continued or permitted, and each violation shall be punishable by a fine not
to exceed $500.00.
SECTION 9.
That this ordinance shall be in full force and effect from and after the
date of its passage and publication as required by law, and it is so
ordained.
M&C G-8944 re There was presented Mayor and Council Communication No. G-8944 from the City
authorized payment Manager stating that Tarrant Appraisal District adopted a $9,880,583.00 Operating
allocation of the Budget for the calendar year 1991 in August 1990; that it has calculated the taxing
Tarrant Appraisal units assessed allocation shares using the "levy method," which allocates a percentage
District's 1991 of the budget of each taxing unit based on the relationship of its tax levy to the
budget total levy of all taxing units in the District; that the 1991 budget allocation for the
City of Fort Worth is $1,393,091.00 or 14.33 percent of the total budget; that the City
has chosen to pay its assessed allocation on a monthly basis beginning in January 1991;
that, using this method of payment, $1,044,818.00 of TAD's 1991 budget will be paid
during the City's 1990-91 fiscal year; that this amount, along with $356,757.00
previously paid for TAD's 1990 budget, results in a total of $1,401,575.00 to be paid
by the City during FY 1990-91; stating that funds are available in General Fund GGO1,
Center No. 0905700, Account No. 531200; and recommending that the City Council
authorize payment of the City of Fort Worth's $1,393,091.00 assessed allocation of the
Tarrant Appraisal District's 1991 budget, with $1,044,818.00 to be paid from the City's
FY 90-91 annual budget in equal monthly payments. It was the consensus of the City
Council that the recommendation be adopted.
M&C G-8945 re There was presented Mayor and Council Communication No. G-8945 from the City
authorized employ- Manager stating that the City of Arlington filed a rate change application with the
men t of KPMG Peat Texas Water Commission in February 1990; that the Commission established a discovery
Marwick and Company and hearing schedule which required Fort Worth to file a cost of service study for
for assistance in wastewater services by July 2, 1990; that, on April 24, 1990, a contract to employ KPMG
preparing testimony Peat Marwick was approved by the City Council; that the firm of KPMG Peat Marwick
regarding waste- prepared the wastewater revenue requirement numbers based on City records; that Water
water rate struct- Department staff estimated the proposed continued service in preparation will cost
ures and cost of approximately an additional $55,000.00 which is anticipated to be sufficient to cover
service issues for the costs incurred during the hearing; stating the funds are available in Water and
the Arlington Rate Sewer Operating Fund PE45, Center No. 0701000, Account No. 531200; and recommending
Case
Minutes of City Council Q-3 Page 509
510
M&C G-8945 cont.
rere KPMG Peate
Marwick and Comt
pany for the
Arlington Rate
Case
M&C G-8946 re
endorsing the
nroth alternate a<
the preferred
alternate for SH.
121 between North
Main and I -35W
that the City Council authorize the continued employment of KPMG Peat Marwick and
Company for assistance in preparing testimony regarding wastewater rate structures and
cost of service issues for the Arlington Rate Case; and authorize expenditures to KPMG
Peat Marwick in an additional amount of $55,000.00. It was the consensus of the City
Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. G-8946 from the City
Manager, as follows:
SUBJECT: RESOLUTION ENDORSING THE NORTH ALTERNATE AS THE PREFERRED ALTERNATE
FOR S.H. 121 BETWEEN NORTH MAIN AND I -35W
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution.
BACKGROUND:
On May 2, 1989, City Council approved M&C G-8019, Resolution No. 1415, which
expressed concerns about the S.H. 121 geometric design. Subsequently, Mayor
Bolen transmitted the Resolution to the State Department of Highways and
Public Transportation.
The State Department of Highways and Public Transportation (SDHPT) through
their consultant received and addressed the Citys concerns and
recommendations. After several months, the SDHPT presented the design
decisions to City Staff. The only issue not resolved in the meetings between
City Staff and SDHPT Staff was depressing S.H. 121 under Samuels Avenue, the
main thoroughfare in this historic area.
Since design consideration prevented the use of both the 1973 approved route
and the South Alternate route (1985 Study), the depression of S.H. 121 could
only be accomplished by relocation of the Atchison Topeka and Santa Fe (AT&SF)
Railroad. Ultimately, the AT&SF Railroad was unable to relocate the railroad
facility. In response to our concerns and those of several historical groups,
the SDHPT identified and studied three additional alternative routes. Along
with other variations, these routes vary where they cross Samuels Avenue, but
all intersect Main Street and I -35W in approximately the same locations with
essentially the same interchange design. Each route requires bridging over
Samuels Avenue, since the AT&SF relocation cannot occur.
After several months of study, the SDHPT presented the three alternative
routes to representatives of historical groups, Downtown Fort Worth
Incorporated, the Fort Worth Chamber of Commerce Southwest Freeway Task Force
and City Staff. On October 25, 1990, at a limited public meeting, the SDHPT
presented the alternative routes to the Samuels Avenue neighborhood. Most of
the people at the presentations and meetings seem to support the North
Alternate route, which is also more acceptable for the historical preservation
concerns.
On November 21, 1990, the City received a letter from the SDHPT requesting
that the Mayor and City Council advise the SDHPT of the route across Samuels
Avenue supported by the City. The accompanying Resolution contains City
Staff's recommendations for the selection of the North Alternate route across
Samuels Avenue.
Ms. Lela Standifer Ms. Lela Standifer, representing the Tarrant County Historical Commission,
re endorsing the appeared before the City Council and recognized Mr. Art Weinman, also representing
nroth alternate Tarrant County Historical Commission, and advised the City Council, in her opinion,
for S.H. 121 that there is not a good route that would not damage the preservation of the Samuels
Avenue area and that accepting the proposed North Alternate as the preferred alternate
for S.H. 121 between North Main and I -35W is not the same as agreeing that it should be
built.
M&C G-8946 adopted Council Member Gilley made a motion, seconded by Mayor Pro tempore Garrison, that
the recommendation, as contained in Mayor and Council Communication No. G-8946, be
adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously.
Introduced a;;
Res6lution Council Member Gilley introduced a resolution and made a motion that it be adopted.
The motion was seconded by Mayor Pro tempore Garrison. The motion, carrying with it
the adoption of said resolution, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Gilley,
Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: Council Member Zapata
Minutes of City Council Q-3 Page 510
X11
TUESDAY. DECEMBER 11, 1990
The resolution, as adopted, is as follows:
esol uti on No. RESOLUTION NO. 1693
693 ENDORSING THE NORTH ALTERNATE ROUTE AS THE PREFERRED ALTERNATIVE FOR STATE
HIGHWAY 121 BETWEEN NORTH MAIN STREET AND I -35W.
WHEREAS, the construction of the Southwest Freeway is of vital importance to
the City of Fort Worth; and
WHEREAS, the State Department of Highways and Public Transportation
presented several alternate routes at public presentations and
meetings; and
WHEREAS, the majority of people at the presentations and meetings supported
the North Alternate route in the Samuels Avenue area (see
attachment), including a bridge structure over Samuels Avenue; and
WHEREAS, the North Alternate route addresses the particular concerns for
historic preservation of the Samuels Avenue area; and
WHEREAS, City Staff reviewed the alternate routes and made recommendations
and comments regarding the design and operation of the facility as
proposed; and
WHEREAS, City Staff recommends the North Alternate in the Samuels Avenue
area, including a bridge structure over Samuels Avenue;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fort
Worth, Texas, hereby endorses the North Alternate, including a bridge
structure over Samuels Avenue, as the preferred alternative for State Highway
121 between North Main and I -35W.
M&C G-8947 re There was presented Mayor and Council Communication No. G-8947 from the City
installation of a Manager stating that a traffic signal warrant study for the intersection of West
new traffic signal Cleburne Road and Sycamore School Road has been completed and it indicates the
at the intersection intersection meets the requirement for a traffic signal based on the Manual on Uniform
of West Cleburne Traffic Control Devices; that, when completed, the intersection will be controlled by a
Road and Sycamore fully actuated traffic signal controller, red -amber -green mast arm mounted signal
School Road indications, and WALK -DONT WALK pedestrian indications; and recommending that the City
Council authorize the installation of a new traffic signal at the intersection of West
Cleburne Road and Sycamore School Road and approve a bond fund transfer in the amount
of $35,000.00 from GS89-020890319010, Unspecified, Traffic Signals, to
GS89-020890311130, West Cleburne Road and Sycamore School Road, to provide funds for
construction. It was the consensus of the City Council that the recommendation be
adopted.
M&C G-8948 re There was presented Mayor and Council Communication No. G-8948 from the City
improvements to Manager stating that the Capital Improvement Program approved in March 1986 included
Ayers Avenue from funds for improvement of Ayers Avenue from Rosedale Street to Crenshaw Avenue; that
Crenshaw Avenue only minor drainage improvements are required in the segment of Ayers from Crenshaw to
to Avenue M Avenue M; that major drainage facilities are required in the segment from Avenue M to
Rosedale; that, in order to expedite construction on this street, the Crenshaw to
Avenue M segment will be addressed at this time and the Avenue M to Rosedale segment
will be addressed at a later time following completion of the design work; that the
project is in the Polytechnic Heights Targeted Area and has never been constructed to
City Standards; that the project is located in Council District 5; that the proposed
assessment cost is $557,377.70; stating that financing for the project will be
established at the time of the time of the contract award; and recommending that the
City Council:
1. declare the necessity for and order the improvements to Ayers Avenue
from Crenshaw Avenue to Avenue M;
2. authorize the assessment of a portion of the cost of the improvements to
Ayers Avenue against the owners of the abutting property;
3. approve the estimate of costs and amounts to be assessed as stated in
the Engineer's Estimate;
4. establish January 8, 1991, as the date of the benefit hearing; and
5. authorize the preparation of assessment rolls and notification of
property owners in accordance with the provisions of Article 1105b of
Vernon's Annotated Civil Statutes.
&C G-8948 adopted 11 It was the consensus of the City Council that the recommendations be adopted.
M&C G-8949 re There was presented Mayor and Council Communication No. G-8949 from the City
paving of Black- Manager stating that the 1986 Capital Improvement Program approved in March 1986
more Avenue from included funds for the improvement of Blackmore Avenue from Prevost Street to Neville
Prevost Street to Street; that the existing street has substandard HMAC pavement with some curb and
Neville Street
Minutes of City Council Q-3 Page 511
M&C G 8949 cont. gutter; that it is in the Como Targeted Area and has never previously been constructed
paving of Black- to City standards; that, on November 20, 1990, by Mayor and Council Communication
more Avenue from No. G-8906, the City Council authorized improvements to Blackmore Avenue from Prevost
Prevost Street to Street to Neville Street and established December 18, 1990, as the date of the Benefit
Neville Street Hearing for the project; that it was not possible to publish notices in the newspaper
at the time prescribed by state law due to the Thanksgiving holidays; that it is
therefore proposed that the hearing date be rescheduled to January 8, 1991; that the
project is located in Council District 1; that the total estimated cost of the project
is $286,000.00; stating that financing for the City's share of construction cost will
be established at the time of the contract award; and recommending that the City
Council:
1. Rescind the actions of M&C G-8906, dated November 20, 1990, which set
December 18, 1990, as the date for the Benefit Hearing for the paving of
Blackmore Avenue;
2. Declare the necessity for and order the improvements to Blackmore Avenue
from Prevost Street to Neville Street;
3. Authorize the assessment of a portion of the cost of the improvements to
Blackmore Avenue against the owners of the abutting property;
4. Approve the estimate of costs and amounts to be assessed as stated in
the Engineer's Estimate;
5. Establish January 8, 1991, as the date of the benefit hearing; and
6. Authorize the preparation of assessment rolls and notification of
property owners in accordance with the provisions of Article 1105b of
Vernon's Annotated Civil Statutes.
•
M&C G-8949 adopted It was the consensus of the City Council that the recommendations be adopted.
M&C G-8950 re
There was presented Mayor and Council Communication No. G-8950 from the City
reappointment
Manager recommending that the City Council confirm his reappointment of Mr. David Gray
of Mr. David
to the Personnel Commission for another three-year term. It was the consensus of the
Gray to the
City Council that the recommendation be adopted.
Personnel commiss-
$38,135.35, with funds available in Water Capital Fund PW57, Center No. 060570151590,
ion
There was presented Mayor and Council Communication No. G-8951 from the City
M&C G-8951 re
Manager stating that the Law Offices of Martin Dies were engaged by the City to
approved payment
represent the City in lawsuits which seek to recover monetary damages resulting from
of cost incurred
the presence of asbestos -containing materials; that Bracewell and Patterson were
by outside counsel
engaged by Martin Dies, and its costs and expenses represent Dies' out-of-pocket
(Bracewell and
expenses authorized by M&C C-10922; that the $8,841.20 bill consists of direct costs of
Patterson) of the
developing the City's case and the City's proportionate share of the general expenses
law offices of
incurred on behalf of all plaintiffs; stating that funds are available in
Martin Dies in the
Property/Casualty Insurance Fund FE71, Center No. 0157120, Account No. 534060; and
case of County of
recommending that the City Council approve the payment of costs incurred by Bracewell
Orange, et al vs.
and Patterson on behalf of the Law Offices of Martin Dies and authorize the City
National Gypsum,
Manager to expend the sum of $8,841.20 in payment of these costs. It was the consensus
et al
of the City Council that the recommendation be adopted.
M&C G-8952 re
There was presented Mayor and Council Communication No. G-8952 from the City
authorized work
Manager recommending that a work authorization be authorized for construction of 725
authorization for
linear feet of 6 -inch water main pipe with 8 -inch water main pipe in 23rd Street from
water main re-
Robinson Street to Rock Island Street, for a total estimated project cost of
placement in 23rd
$38,135.35, with funds available in Water Capital Fund PW57, Center No. 060570151590,
Street
Contract Encumbrance 17533. It was the consensus of the City Council that the
recommendation be adopted.
M&C G-8953 re
There was presented Mayor and Council Communication No. G-8953 from the City
changing the de-
Manager stating that the City Council of the City of Fort Worth adopted Ordinance
signated building
No. 10165 on September 6, 1988 setting the construction standards for buildings and
official for the
structures to be built upon Dallas/Fort Worth International Airport; that this
Dallas/Fort worth
ordinance repealed Ordinance No. 6571, which was adopted September 26, 1971; that the
International
previous ordinance designated the Senior Director of Planning and Engineering as the
Airport board and
Building Official; that the proposed ordinance will designate the Director of Design
clarifying the
and Construction of the Dallas/Fort Worth Airport Board as the Building Official and
license require-
will also clarify the licensing requirements for contracted electrical work to require
ments for contract-
that the licensee shall hold a valid license obtained under the testing provisions of
ed electrical work
the Electrical Examining Boards of either Tarrant or Dallas County; and recommending
that the City Council of the City of Fort Worth adopt an ordinance amending Ordinance
No. 10165, thus changing the designated building official for the Dallas/Fort Worth
International Airport Board and clarifying the licensing requirements for contracted
electrical work. It was the consensus of the City Council that the recommendation be
adopted.
Introduced an Council Member Gilley introduced an ordinance and made a motion that it be adopted.
Ordinance The motion was seconded by Council Member McCray. The motion, carrying with it the
adoption of said ordinance, prevailed by the following vote:
Minutes of City Council Q-3 Page 512
r-
0 _A� 3
AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Gilley,
Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: Council Member Zapata
The ordinance, as adopted, is as follows:
RDINANCE NO.
10745 ORDINANCE NO. 10745
AN ORDINANCE ADOPTED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS, PURSUANT TO ARTICLE 46D-14, REVISED CIVIL STATUES OF TEXAS,
APPROVING RESOLUTION NO. 90-200 OF THE DALLAS/FORT WORTH
INTERNATIONAL AIRPORT BOARD WHICH AMENDS SECTION 5, "EX -OFFICIO
MEMBERS", AND SECTION 20, "LICENSES REQUIRED", OF THE DALLAS/FORT
WORTH INTERNATIONAL AIRPORT CONSTRUCTION AND FIRE PREVENTION
STANDARDS, JUNE 1988 EDITION (THEREBY UNDER SECTION 5 DESIGNATING
THE DIRECTOR OF DESIGN AND CONSTRUCTION OF THE DALLAS/FORT WORTH
INTERNATIONAL AIRPORT BOARD AS THE BUILDING OFFICIAL AND UNDER
SECTION 20 REQUIRING THAT CONTRACTED ELECTRICAL WORK TO BE
PERFORMED UNDER THE SUPERVISION OF A MASTER ELECTRICIAN OR MASTER
SIGN ELECTRICIAN HOLDING A VALID LICENSE OBTAINED UNDER THE TESTING
PROVISIONS OF THE ELECTRICAL EXAMINING BOARD OF EITHER DALLAS OR
TARRANT COUNTY); PROVIDING FOR A FINE OF NOT TO EXCEED TWO HUNDRED
DOLLARS ($200.00) FOR ANY VIOLATION THEREOF; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; PROVIDING FOR ENROLLMENT AND
ENGROSSMENT BY THE CITY SECRETARY; AND PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 5.
Any person, firm or corporation who violates, disobeys, omits, neglects
or refuses to comply with or who resists the enforcement of any of the
provisions of this ordinance or Resolution No. 90-200 shall be fined not more
than Two Hundred Dollars ($200) for each offense. Each day that a violation
is permitted to exist shall constitute a separate offense.
SECTION 9.
2. adopt the attached appropriations ordinance increasing estimated
receipts and appropriations by $156,787.00 in Special Trust Fund FE72,
Center No. 080502112000, Burnett Park Improvements, from increased
revenues.
Mayor Bolen re Mayor Bolen expressed appreciation to Anne Burnett and Charles Tandy Foundation
expressed appreci- for its gift and directed the City Manager's Office to prepare correspondence to the
ation to Anne Bur- Foundation in appreciation for its donation.
nett and Charles
Tandy Foundation Council Member Gilley made a motion, seconded by Council Member Chappell, that the
recommendations, as Mayor and Council Communication No. G-8954, be adopted. When the
motion was put to a vote by the Mayor, it prevailed unanimously.
Introduced an
Ordinance Council Member Gilley introduced an ordinance and made a motion that it be adopted.
The motion was seconded by Council Member Chappell. The motion, carrying with it the
adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Gilley,
Granger, McCray, Meadows, Webber, and Chappell
Minutes of City Council Q-3 Page 513
That this ordinance shall take effect immediately from and after its
passage and publication as required by law, in accordance with the provisions
of the Charter of the City of Fort Worth, and it is accordingly so ordained.
M&C G-8954 re
accepted a gift
There was presented Mayor and Council Communication No. G-8954 from the City
from Anne b ur ne tt
Manager stating that the Trustees of the Anne Burnett and Charles Tandy Foundation have
and Chalres Tandy
authorized a gift to the Park and Recreation Department in the amount of $156,787.00
Foundation for
for the total estimated direct cost of Burnett Park operation, maintenance, and
the direct cost
seasonal color plantings for a one-year period; and recommending that the City Council:
of Burnett Park
operation, main-
1. accept a gift in the Special Trust Fund FE72, Center No. 080502112000,
tenance, and
Burnett Park Improvements, from the Anne Burnett and Charles Tandy
seasonal color
Foundation in the amount of $156,787.00 to pay the City for the direct
plantings
costs of Burnett Park operation, maintenance, and seasonal color
plantings for a period of one year; and
2. adopt the attached appropriations ordinance increasing estimated
receipts and appropriations by $156,787.00 in Special Trust Fund FE72,
Center No. 080502112000, Burnett Park Improvements, from increased
revenues.
Mayor Bolen re Mayor Bolen expressed appreciation to Anne Burnett and Charles Tandy Foundation
expressed appreci- for its gift and directed the City Manager's Office to prepare correspondence to the
ation to Anne Bur- Foundation in appreciation for its donation.
nett and Charles
Tandy Foundation Council Member Gilley made a motion, seconded by Council Member Chappell, that the
recommendations, as Mayor and Council Communication No. G-8954, be adopted. When the
motion was put to a vote by the Mayor, it prevailed unanimously.
Introduced an
Ordinance Council Member Gilley introduced an ordinance and made a motion that it be adopted.
The motion was seconded by Council Member Chappell. The motion, carrying with it the
adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Gilley,
Granger, McCray, Meadows, Webber, and Chappell
Minutes of City Council Q-3 Page 513
514
NOES: None
ABSENT: Council Member Zapata
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10746
10746
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE SPECIAL TRUST
FUND FE72, CONTRIBUTIONS, ACCOUNT NO. 488142, PARK AND RECREATION
DEPARTMENT - BURNETT PARK IMPROVEMENTS, CENTER NO. 080502112000 OF
THE CITY OF FORT WORTH FOR THE FISCAL YEAR 1990-91 BY THE SUM OF
$156,787.00 AND APPROPRIATING SAID $156,787.00 TO THE SPECIAL TRUST
FUND FE72, OPERATING SUPPLIES, ACCOUNT NO. 522030, PARK AND
RECREATION DEPARTMENT - BURNETT PARK IMPROVEMENTS; SAID FUNDS TO BE
USED FOR THE PURPOSE OF PAYING FOR THE DIRECT COSTS OF BURNETT PARK
OPERATION, MAINTENANCE, AND SEASONAL COLOR PLANTINGS; PROVIDING FOR
A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT, AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 5.
This ordinance shall take effect and be in full force and effect from
and after the date of its passage, and it is so ordained.
«C G-8955 re There was presented Mayor and Council Communication No. G-8955 from the City
of and of tax Manager stating that the Texas Property Tax Code requires that a taxpayer must request
verpayments a refund for tax overpayment within three years of that payment; that Section 31.11 of
the Property Tax Code further requires approval by the governing body before refunding
overpayments or erroneous payments in instances where the refund exceeds $500.00; that
the Revenue Collection Division of the Finance Department has verified erroneous
payment or overpayments were made and recommends refunds, as follows:
ACCOUNT NO. LEGAL DESCRIPTION NAME AMOUNT
0101-87-28 Friars Square Addition Standard Federal $1,017.74
1989 Taxes Lot 1, Block 3 Savings
(City and School)
Taxes Paid Twice
0340-81-59 Westcliff Addition Ticor Realty Tax $1,179.73
1987 Taxes Lot 23, Block 40
(City and School)
Taxes Paid Twice
0507-46-73 Meadows West III Addition NCNB Texas Bank $4,356.35
1989 Taxes Lot 1, Block 21 $6,553.82
(City and School)
Taxes Paid Twice
(TOTAL ACCOUNTS $6,553.82)
It was further stated that funds are available in General Fund GG01, Center
No. 0134020, Account No. 411012; and recommending that accounts totaling $6,553.82 be
authorized for refund.
Council Member Chappell disclosed his credit card interest with NCNB.
Mayor Pro tempore Garrison advised City Council that he was disqualifying himself
from voting on Mayor and Council Communication No. G-8955 involving NCNB because of a
financial obligation to NCNB.
Council Member Webber requested permission of the City Council to abstain from
voting on Mayor and Council Communication No. G-8955.
Council Member Chappell made a motion, seconded by Council Member Meadows, that
Council Member Webber be permitted to abstain from voting on Mayor and Council
Communication No. G-8955. When the motion was put to a vote by the Mayor, it prevailed
unanimously.
Council Member Chappell made a motion, seconded by Council Member Meadows, that
the recommendations, as contained in Mayor and Council Communication No. G-8955, be
adopted. When the motion was put to a vote by the Mayor, it prevailed by the following
vote:
Minutes of City Council Q-3 Page 514
TUESDAY, DECEMBER 11, 1990
AYES: Mayor Bolen; Council Members Granger, McCray, Gilley, Meadows
and Chappell
NOES: None
ABSENT: Council Member Zapata
NOT VOTING: Mayor Pro tempore Garrison and Council Member Webber
M&C, G-8956 re There was presented Mayor and Council Communication No. G-8956 from the City
Federal Fair Manager stating that the United States Congress amended the Federal Fair Housing laws
Housing laws in 1988 to include familial status and handicap as additional protected classes against
which housing discrimination was impermissible; that the amendments mandated, as one of
the conditions for local governments to retain substantial equivalency and thus
eligibility for federal funding, that local anti -discrimination laws must have similar
protections; that the HRC is currently in contact with the Federal Department of
Housing and Urban Development and other local and state agencies and will forward other
legislative proposals as they become necessary; that the Human Relations Commission
voted unanimously on August 28, 1990, to forward an ordinance to the City Council with
its recommendation for adoption; stating that no particular financial impact on the
City appears indicated by this; and recommending that the City Council adopt an
ordinance amending Chapter 17 "Human Relations" of The Code of the City of Fort Worth
to outlaw housing discrimination on the basis of Handicap and Familial Status.
Council Member Chappell requested that an amendment be made to Mayor and Council
Communication No. G-8956 to include the word "or" in Section 17-89 a (2)a after the
semi -colon on page 8 of the ordinance.
Council Member Granger made a motion, seconded by Council Member Webber, that
Mayor and Council Communication No. G-8956, as amended, be approved. When the motion
was put to a vote by the Mayor, it prevailed unanimously.
Introduced an Council Member Granger introduced an ordinance and made a motion that it be
Ordinance adopted. The motion was seconded by Council Member Webber. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Gilley,
Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: Council Member Zapata
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10747
10747
AN ORDINANCE AMENDING SECTIONS 17-86, 17-87, 17-88, 17-89 AND 17-90
AND CONFORMABLY RENUMBERING THE REMAINING SECTIONS OF DIVISION 4,
"FAIR HOUSING", ARTICLE III, "DISCRIMINATION", OF CHAPTER 17,
"HUMAN RELATIONS", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS
(1986), AS AMENDED; PROVIDING A DECLARATION OF POLICY; PROVIDING
DEFINITIONS; PROHIBITING DISCRIMINATORY HOUSING PRACTICES AGAINST
PERSONS ON ACCOUNT OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX,
HANDICAP, OR FAMILIAL STATUS, WITH APPROPRIATE EXEMPTIONS AND
EXCLUSIONS; PROVIDING AMENDED COMPLAINT PROCEDURES; PROVIDING A
SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING
FOR PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION; PROVIDING
FOR ENGROSSMENT AND ENROLLMENT OF THIS ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 5.
Any person, firm or corporation who violates, disobeys, omits, neglects
or refuses to comply with or who resists the enforcement of any of the
provisions of this ordinance shall be fined not more than Two Hundred Dollars
($200) for each offense. Each day that a violation is permitted to exist
shall constitute a separate offense.
SECTION 8.
That this ordinance shall take effect immediately from and after its
passage and publication as required by law, in accordance with the provisions
of the Charter of the City of Fort Worth, and it is accordingly so ordained.
Minutes of City Council Q-3 Page 515
01G
TUESDAY, DECEMBER 11, 1990
M&C G-8957 re
There was presented Mayor and Council Communication No. G-8957 from the City
approving re-
Manager, as follows:
solution No. 90-
175 of the Dallas
SUBJECT: ORDINANCE APPROVING D/FW INTERNATIONAL AIRPORT BOARD RESOLUTION
Fort Worth Inter-
NO. 90-175 ADOPTING NEW GROUND TRANSPORTATION RULES AND REGULATIONS
national airport
AT D/FW AIRPORT
board adopting
new ground trans-
RECOMMENDATION:
portation rules
and regulations
It is recommended that the City Council adopt the attached ordinance
at D/FW
approving Resolution No. 90-175 of the Dallas/Fort Worth International
Airport Board which repeals Chapter 5, "Bus and Limousine Rules and
Regulations" of the Dallas/Fort Worth International Airport Board Code of
Rules and Regulations and adopts in lieu thereof Chapters 5A (Shared Ride),
5B (Scheduled Shuttle), 5C (Bus) and 5D (Limousine).
DISCUSSION:
The development of Shared -Ride and Scheduled Shuttle transportation services
at the Dallas/Fort Worth International Airport has rendered Chapter 5, "Bus
and Limousine Rules and Regulations" of the Dallas -Fort Worth International
Airport Board Code of Rules and Regulations inadequate to regulate ground
transportation services at the Airport. As a result, on October 2, 1990,
the Dallas/Fort Worth International Airport Board adopted Resolution
No. 90-175 which repealed Chapter 5 and adopted in lieu thereof separate
chapters addressing each separate type of ground transportation service
operating at the Airport. Chapter 5 will now be replaced by Chapter 5A
(Shared Ride), Chapter 5B (Scheduled Shuttle), Chapter 5C (Bus), and
Chapter 5D (Limousine).
These new chapters contain revised requirements for operating authority,
insurance, operating procedures, designated holding stands, as well as
standards for driver permitting, conduct and solicitation, and will allow
more effective enforcement, more efficient curbside utilization and improved
traffic flow.
Attached hereto for the City Council's review is the Airport staff's "Report
on Proposed Changes to the Dallas/Fort Worth Airport Bus and Limousine Rules
and Regulations." This report provides the City Council with a summary of
the revisions to the Airport's ground transportation rules and regulations.
Also attached for the City Council's review, should it desire, are copies of
Chapters 5A through 5D of the new ground transportation rules and
regulations.
The City staff has reviewed the proposed revisions and recommends they be
approved by the City Council. Paragraph 8.F of the 1968 Contract and
Agreement between the Cities of Dallas and Fort Worth requires that both
cities must approve the changes before they become effective.
FINANCING:
The recommended action does not involve the expenditure of funds by the City
of Fort Worth.
Deputy City I Deputy City Attorney William Wood appeared before the City Council and advised
Attorney William City Council that there were no major changes but that, because of such an expansion in
Woods re M&C G- the ground transportation services provided at DFW, an ordinance is recommended for
8957 Regulations approval by the City Council regarding the airport's ground transportation rules and
regarding the regulations.
airport's ground
transportation Mr. Bob McKeigh, Assistant Director for Operations for Transportation at DFW
Mr. Bob M c Keig h Airport, appeared before the City Council and advised the City Council that shared -ride
re M&C G-8957 service requires the servicing of the entire metroplex and that scheduled service does
transportation at not require as many vehicles.
DFW Airport
Council Member Gilley made a motion, seconded by Council Member McCray, that the
recommendation, as contained in Mayor and Council Communication No. G-8957, be adopted.
When the motion was put to a vote by the Mayor, it prevailed unanimously.
Introduced an Council Member Gilley introduced an ordinance and made a motion that it be adopted.
Ordinance The motion was seconded by Council Member McCray. The motion, carrying with it the
adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Granger,
McCray, Gilley, Meadows, Webber, and Chappell
NOES: None
ABSENT: Council Member Zapata
Minutes of City Council Q-3 Page 516
TUESDAY DECEMBER 11, 1990
The ordinance, as adopted, is as follows:
Ordinance No.II ORDINANCE NO. 10748
10748
AN ORDINANCE ADOPTED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS, PURSUANT TO ARTICLE 46d-14, REVISED CIVIL STATUTES OF TEXAS,
APPROVING RESOLUTION NO. 90-175 OF THE DALLAS/FORT WORTH
INTERNATIONAL AIRPORT BOARD WHICH REPEALS CHAPTER 5, "BUS AND
LIMOUSINE RULES AND REGULATIONS" OF THE DALLAS/FORT WORTH
INTERNATIONAL AIRPORT BOARD CODE OF RULES OF REGULATIONS AND ADOPTS
IN LIEU THEREOF CHAPTERS 5A (SHARED RIDE), 5B (SCHEDULED SHUTTLE),
5C (BUS) AND 5D (LIMOUSINE), WHICH CHAPTERS REFLECT REVISED
REQUIREMENTS FOR OPERATING AUTHORITY, INSURANCE, OPERATING
PROCEDURES, DESIGNATED HOLDING STANDS, AND DRIVE PERMIT STANDARDS,
CONDUCT AND SOLICITATION FOR GROUND TRANSPORTATION SERVICES AT THE
AIRPORT; PROVIDING FOR A FINE OF NOT TO EXCEED TWO HUNDRED DOLLARS
($200.00) FOR ANY VIOLATION THEREOF; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER; PROVIDING FOR ENROLLMENT AND ENGROSSMENT BY
THE CITY SECRETARY; AND PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 5.
Any person, form or corporation who violates, disobeys, omits, neglects
or refuses to comply with or who resists the enforcement of any of the
provisions of this ordinance or Resolution No. 90-175 shall be fined not more
than Two Hundred Dollars ($200) for each offense. Each day that a violation
is permitted to exist shall constitute a separate offense.
SECTION 9.
That this ordinance shall take effect immediately from and after its
passage and publication as required by law, in accordance with the provisions
of the Charter of the City of Fort Worth, and it is accordingly so ordained.
M&C G-8958 re There was presented Mayor and Council Communication No. G-8958 from the City
partial tax Manager as follows:
exemption eligi-
bility for propert SUBJECT: PARTIAL TAX EXEMPTION ELIGIBILITY FOR PROPERTY LOCATED AT 2235
located at 2235 FIFTH AVENUE (BETTY JUNE SHELVEY)
Fifth Avenue
RECOMMENDATION:
It is recommended that the City Council approve the application for partial
exemption eligibility of the property at 2235 Fifth Avenue.
DISCUSSION
On December 12, 1989, the City Council approved Historical/Cultural
Subdistrict Zoning (Case Z-89-108) for the above referenced property. This
entitled the owner, Betty June Shelvey, to make an application for partial
tax exemption eligibility. Eligibility is based on the fact that the
applicant has furnished the Historic and Cultural Landmark Commission with
the following:
Proof of title to the property
Proof of Historic and Cultural designation
Receipt for paid taxes
Plans for renovation
Contractor's estimates and Permits showing costs will total 30%
of assessed evaluation
Current Costs = $10,400
Evaluation = $24,375
Property use as currently exists
Availability to inspect the property by City Officials
Agreement to maintain Sites Standards according to the Secretary of the
Interior's Standards and Guidelines for Rehabilitation
The project is to be completed by December 1990. After the completion of the
project and upon approval of verification by the City Council, City staff
will notify the Tarrant Appraisal District and the City Assessor in writing
of compliance. The renovated property will then maintain an assessed value
for ad valorem tax purposes equal to the assessed valuation prior to
renovation for a ten-year period.
Minutes of City Council Q-3 Page 517
ats
TUESDAY, DECEMBER 11, 1990
The Historic and Cultural Landmark Commission has investigated the property,
reviewed the application and determined that the requirements of the
application process have been met as of February 5, 1990.
M&C G-8958 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor
and Council Communication No. G-8958, be adopted.
M&C G-8959 re There was presented Mayor and Council Communication No. G-8959 from the City
partial tax ex- Manager, as follows:
emption eligibili-
ty for property SUBJECT: PARTIAL TAX EXEMPTION ELIGIBILITY FOR PROPERTY LOCATED AT 1714 S.
located at 1714 HENDERSON (JANE J. STARKEY)
S. Hender_son:i
RECOMMENDATION
It is recommended that the City Council approve the application for partial
exemption eligibility of the property at 1714 S. Henderson.
DISCUSSION
On June 12, 1990, the City Council approved Historical/Cultural Subdistrict
Zoning (Case Z-90-48) for the above referenced property. This entitled the
owner, Jane J. Starkey, to make an application for partial tax exemption
eligibility. Eligibility is based on the fact that the applicant has
furnished the Historic and Cultural Landmark Commission with the following:
Proof of title to the property
Proof of Historic and Cultural designation
Receipt for paid taxes
Plans for renovation
Contractor's estimates and Permits showing costs will total 30%
of assessed evaluation
Current Costs = $20,002
Evaluation = $27,844
Property use as currently exists
Availability to inspect the property by City Officials
Agreement to maintain Sites Standards according to the Secretary of
the Interior's Standards and Guidelines for Rehabilitation
The project was completed in November 1990. After the completion of the
project and upon approval of verification by the City Council, City staff
will notify the Tarrant Appraisal District and the City Assessor in writing
of compliance. The renovated property will then maintain an assessed value
for ad valorem tax purposes equal to the assessed valuation prior to
renovation for a ten-year period.
M&C P-4616 re
The Historic and Cultural Landmark Commission has investigated the property,
purchase of un-
reviewed the application and determined that the requirements of the
interruptable
application process have been met as of October 27, 1990.
M&C G-8959
It was the consensus of the City Council that the recommendation, as contained in Mayor
approved
and Council Communication No. G-8959, be approved.
M&C P-4607 re
There was presented Mayor and Council Communication No. P-4607, dated December 6,
purchase agree-
1990, from the City Manager submitting a tabulation of bids received for a purchase
ment with The
agreement to provide janitorial services for the Health Department; stating that funds
Faulk Company to
are available in General Fund GG01, Center No. 0501000, Account No. 539120; and
provide janitorial
recommending that the City Council authorize a purchase agreement with The Faulk
services for the
Company to provide janitorial services for the Public Health Department on its low bid,
Public Health4De-
meeting City specifications of $4,915.00 per month, not to exceed $58,980.00 annually,
partment
net, f.o.b. Fort Worth, with term of agreement to begin date of authorization and end
thwaite's of
one year later, with two one-year renewal options. On motion of Council Member
Texas for the
Chappell, seconded by Council Member Gilley, the recommendations were adopted.
M&C P-4616 re
There was presented Mayor and Council Communication No. P-4616 from the City
purchase of un-
Manager submitting a tabulation of bids received for the purchase of an uninterruptable
interruptable
power supply for the Fort Worth Public Library; stating that funds are available in
power supply for
Special Revenue Fund GR03, Center 084840020000, Account No. 541370; and recommending
the Fort Worth
that the purchase be made from International Power Machines c/o Computer Support
Public Library
Systems, Inc., on its low bid meeting City of Fort Worth specifications of $22,020.00
from International
net, f.o.b. Fort Worth, installed. It was the consensus of the City Council that the
Power Machines c/o
recommendation be adopted.
Computer support
Systems, Inc.
There was presented Mayor and Council Communication No. P-4617 from the City
M&C P-4617 re
Manager submitting a tabulation of bids received for the purchase of one 72" outfront
purchase of one
mower for the Equipment Services Division; stating that funds are available in
72" outfront
Equipment Services Operating Fund PI61, Inventory Account No. 141700, Center
mower from Gold--
No. 0000000; and recommending that the purchase be made from Goldthwaite's of Texas for
thwaite's of
the Equipment Services Division on its low overall bid meeting City specifications of
Texas for the
$8,200.00 net, f.o.b., Fort Worth. It was the consensus of the City Council that the
Equipment Services recommendation be adopted.
Division
Minutes of City Council Q-3 Page 518
v_�
M&C P-4618 re
outright purchase There was presented Mayor and Council Communication No. P-4618 from the City
of two confined Manager submitting a quotation received for the outright purchase of two confined space
space airline re- airline rescue systems including two extra hoses and air cylinders for the Water
scue sy tems Department; stating that funds are available in Water and Sewer Operating Fund PE45,
Wastewater, Center No. 0705004, Account No. 541320 and Water Industrial Waste, Center
No. 0705003, Account No. 524010; and recommending that the purchase be made from
Dantack Corporation on quotation of $4,944.00 each, not to exceed $9,888.00 net, f.o.b.
Fort Worth. It was the consensus of the City Council that the recommendation be
adopted.
M&C P-4619 re There was presented Mayor and Council Communication No. P-4619 from the City
purchase of one Manager submitting a tabulation of bids received for the purchase of one triplex greens
triplex greens mower for the Equipment Services Division; stating that funds are available in
mower from Gold Equipment Services Operating Fund PI61, Center No. 0000000, Subsidiary Account
thwaite's of Texas No. 141100; and recommending that the purchase be made from Goldthwaite's of Texas on
its low bid meeting City specifications of $11,457.90 net, f.o.b., Fort Worth. It was
the consensus of the City Council that the recommendation be adopted.
M&C P-4620 re There was presented Mayor and Council Communication No. P-4620 from the City
purchase agreement Manager stating that the City Council authorized a one-year purchase agreement with
to provide binding Motter Bookbinding Company with two one-year options to renew on December 13, 1988, by
of library material Mayor and Council Communication No. P-3077; that the City Council on January 9, 1990,
for the Fort Worth by Mayor and Council Communication No. P-3949 authorized the first option to renew;
Library with Motter that the service has been satisfactory and the Library recommends exercising the second
Binding Company option; stating the funds are available in General Fund GGO1, Center No. 0842001,
Account No. 539120; and recommending that the City Council exercise the second and
final option to renew the purchase agreement to provide binding of library material for
the Fort Worth Public Library with Motter Binding Company on low bids per specified
line item net, f.o.b. Fort Worth, Texas, with term of agreement to be effective from
November 29, 1990, to November 28, 1991. It was the consensus of the City Council that
the recommendations be adopted.
M&C P-4621 re There was presented Mayor and Council Communication No. P-4621 from the City
purchase of paint- Manager submitting a tabulation of bids received for purchase of painting eight
ing eight chemical chemical silos for the Water Department; and recommending that the City Council
silos for the Wate authorize:
Department from
Alfred and Sons 1. A fund transfer in the amount of $21,960.00 from Water Capital
Construction, Inc. Improvement Fund PW53, Center No. 060530159010, unspecified, to Water
Capital Improvement Fund 53, Center No. 060530171750, painting eight
chemical silos at Rolling Hills Water Treatment Plant.
2. Purchase of painting eight chemical silos for the Water Department
from Alfred & Sons Construction, Inc., on its low bid of $21,960.00
net, f.o.b. Fort Worth.
M&C P-4621 adopted 11 It was the consensus of the City Council that the recommendations be adopted.
M&C P-4622 re
There was presented Mayor and Council Communication No. P-4622 from the City
procurement of
Manager submitting a tabulation of bids received for the installation of underground
services from
tank storage equipment for the City Services Department; stating that funds are
Advance Tank Tech-
available in City Services Operating Fund PI61, Center No. 0212070, Account No. 539120;
nology for in-
and recommending that the City Council authorize the procurement of services from
stallation of
Advance Tank Technology for the installation of overfill protection devices, spill
overfill protect-
containment basins, and tank level (gauging) monitoring equipment at five (5) Equipment
ion devices, spill
Services locations within the City of Fort Worth on its bid of $64,714.00.
containment basins
and tank level
Mr. Tom Davis, Director of City Services, appeared before the City Council and
(gauging) monitor-
advised City Council that this is the fourth M&C that has gone before Council and
ing equipment
advised Council of a December 1st deadline in order to comply with EPA regulations.
Mr. Tom Davis re
P-4522 re procure-
Council Member Chappell made a motion, seconded by Council Member Webber, that the
ment of services
recommendation, as contained in Mayor and Council Communication No. P-4622, be
from Advance Tank
adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously.
Technology
M&C P-4623 re
There was presented Mayor and Council Communication No. P-4623 from the City
purchase of four
Manager submitting a tabulation of bids received for the purchase of four chlorine
chlorine residual
residual analyzers for the Water Department; and recommending that the City Council
analyzers for the
authorize:
Water Department
from Metro -Quip
1. A fund transfer in the amount of $9,500.00 from Water Capital
Improvement Fund PW53, Center No. 060530159010, Unspecified, to Water
Capital Improvement Fund PW53, Center No. 060530171720, Chlorine
Contact Analyzers; and
2. Purchase of 4 chlorine residual analyzers for the Water Department from
Metro -Quip on its low bid meeting City specifications of $19,200.00
less $200.00 discount for a total not to exceed $19,000.00 net, f.o.b.
Fort Worth.
Minutes of City Council Q-3 Page 519
M&C P-4623 adopte
M&C P-4624 re
purchase of an
atomic absorption
spectrophotometer
for the dater De-
partment from
Perkin-Elmer Cor-
poration
M&C P-4625 re
purchase agreemen
with Texas Cold
Storage, Inc. to
provide cold
storage services
for the Park and
Recreation Depart
ment with storage
charges based on
total Wight of
each product in
storage
M&C P-4646 re
purchase of play-
ground apparatus
for the Park and
Recreation Depart
ment form W. H.
Porter, Inc., Pau
E. Allen Company,
Inc., and BJ's
Park and Recreat-
ion Products
It was the consensus of the City Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. P-4624 from the City
Manager submitting a tabulation of bids received for the purchase of an atomic
absorption spectrophotometer for the Water Department; stating that funds are available
in Water and Sewer Operating Fund PE45, Center No. 0603001, Account No. 541310; and
recommending that the City Council authorize the purchase from Perkin-Elmer Corporation
on its low bid, meeting City specifications, of $104,159.00, less a trade-in allowance
of $15,541.35 for existing atomic absorption spectrophotometer Model No. 555, for a
total amount not to exceed $88,617.65 net, f.o.b. Fort Worth. It was the consensus of
the City Council that the recommendation be adopted.
There was presented Mayor and Council Communication No. P-4625 from the City
Manager stating that various types of food are required to feed a variety of animals at
the Fort Worth Zoo; that this food, requiring refrigeration, is stored when purchased
by the City and picked up at the storage facility as needed; that Texas Cold Storage,
Inc., is a sole source frozen product storage facility in Fort Worth; that monthly
billing, per hundred weight, is made based on the City's total inventory of each
product in storage; stating the budgeted funds are sufficient to cover the anticipated
expenditure by the department participating in the agreement; and recommending that the
purchase agreement with Texas Cold Storage, Inc., to provide cold storage services for
the Park and Recreation Department with storage charges based on total weight on each
product in storage at time of billing for a total estimated amount not to exceed
$10,000.00, with term of agreement to become effective October 1, 1990, and expire
September 30, 1991.
Council Member Meadows advised the City Council that Texas Cold Storage, Inc., is
a client of his firm and requested permission of the City Council to abstain from
voting on Mayor and Council Communication No. P-4625.
Council Member Gilley made a motion, seconded by Council Member McCray, that
Council Member Meadows be permitted to abstain from voting on Mayor and Council
Communication No. P-4625. When the motion was put to a vote by the Mayor, it prevailed
unanimously.
Council Member McCray made a motion, seconded by Council Member Gilley, that the
recommendations, as contained in Mayor and Council Communication No. P-4625, 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 Garrison; Council Members
Granger, McCray, Gilley, and Webber, and Chappell
NOES: None
ABSENT: Council Member Zapata
NOT VOTING: Council Members Meadows
There was presented Mayor and Council Communication No. P-4626 from the City
Manager submitting a tabulation of bids received for the purchase of playground
apparatus for the Park and Recreation Department; stating that funds are available in
Park and Recreation Improvement Fund GC05, Center No. 080050410210, Account No. 541200,-
and
41200;and recommending that the purchase be made on a low -bid -item basis, meeting City
specifications, as follows:
W. H. Porter, Inc.
Paul E. Allen Co, Inc.
BJ's Park and Recreation Products
Total Amount Not To Exceed
$5,725.00
3,216.00
177.00
$9,118.00 Net, f.o.b. Fort Worth
M&C P-4646 adopted It was the consensus of the City Council that the recommendation be adopted.
M&C p-4627 re There was presented Mayor and Council Communication No. P-4627 from the City
purchase agreement Manager submitting a tabulation of bids received for a purchase agreement to supply
with Red -Mix, Inc bulk Portland Type I cement to various City departments; stating that budgeted funds
to Supply bulk are sufficient to cover the anticipated expenditure by each department in this
Portland Type I agreement; and recommending that the City Council authorize the purchase agreement with
cement to the Redi-Mix, Inc., on its low bid of $50.00 per ton, with term of agreement to begin date
City of Fort Wortt of authorization by City Council and end one year later. It was the consensus of the
City Council that the recommendations be adopted.
M&C L-10332 re There was presented Mayor and Council Communication No. L-10332 from the City
acquisition of Manager recommending that the City pay a total consideration of $780.00 for Lot 16,
Lot 15, Block 125 Block 126, Chamberlain Arlington Heights #2 Filing Addition; located at Helmick and
for park extension Halloran; owned by Charles A. Weissenborn, Jr. and Cheryl W. Alexander; and required
Como Multi -Purpose for Chamberlain Park Extension/Como Multi -Purpose Center Replacement. It was the
Center replacemeni, consensus of the City Council that the land be acquired as recommended and that the
expenditure be charged to Fund GS23, Account No. 541100, Center No. 016781011607.
Minutes of City Council Q-3 Page 520
5 �1
M&C L-10333 re There was presented Mayor and Council Communication No. L-10333 from the City
acquisition of Manager recommending that the City pay a total consideration of $780.00 for Lot 15,
Lot 15, block 126 Block 126, Chamberlain Arlington Heights #2 Filing Addition; located at Helmick and
for park extension Halloran; owned by Tyrone B. Cooper and Linda C. Cooper; and required for Chamberlain
Como Multi -Purpose Park Extension/Como Multi -Purpose Center Replacement. It was the consensus of the City
Center Council that the land be acquired as recommended and that the expenditure be charged to
Fund GS23, Account No. 541100, Center No. 016781011607.
MAC C-12638 re There was presented Mayor and Council Communication No. C-12638 from the City
amendment with Ken Manager stating that five companies submitted proposals to provide food and beverage
Moore Enterprises, concession services at the Will Rogers Complex through competitive bidding process in
Inc. to provide con 1984; that a five-year contract was awarded to Ken Moore Enterprises and service began
cessions at Will on April 1, 1985; that a review of the financial experience of the concessionaire
Rogers Memorial indicates a continuing loss; that, in order to keep the present concession operator who
Center Complex has performed exceptionally well, it is proposed that changes in fees be made and the
contract renewed for an additional year to April 1, 1992, as follows:
1. The percentage paid to the City on livestock events at Will Rogers
Memorial Center will be reduced immediately on concession items from 32%
to 25% and alcoholic beverage percentages will be reduced from 35% to
28%.
2. The annual payment to the marketing fund will be reduced from $100,000
annually to $50,000 annually beginning April 1, 1991.
It was recommended that the City Council authorize the City Manager to execute a
one-year renewal option and amendment of City Secretary Contract No. 14255 with Ken
Moore Enterprises, Inc., to provide concessions at the Will Rogers Memorial Center
Complex beginning April 1, 1991. It was the consensus of the City Council that the
recommendation be adopted.
MAC C-12639 re.
There was presented Mayor and Council Communication No. C-12639 from the City
agreements from
Manager stating that Informal Report No. 7500, dated November 13, 1990, provided the
Hillwood Develop-
City Council with a schedule of activities related to the City's construction of the
ment from Aubry
Alliance Control Tower; that the $6,000,000.00 of Certificates of Obligation were sold
Architects, Leo A.
on November 13, 1990; that the City Council also approved two related contracts, the
Daly, and Albert H.
first being the construction management with Freese and Nichols, Inc., and the second
Halff Associates
with Rone Engineers for testing by Mayor and Council Communication No. C-12604; that
the City Council was advised that City Council authorization would also be sought for
acquisition of design plans from Hillwood Development Corporation; that the plans were
prepared under contract to Hillwood Development Corporation by Aubry Architects; Leo A.
Daly; and Albert H. Halff Associates; that the project is a City of Fort Worth project
and the City needs the plans, specifications, contracts and other relevant information
from Hillwood Development Corporation; that the City has requested that all of the
design contracts be assigned from HDC to the City of Fort Worth; that, after the
assignment of these contracts, it is necessary for the City to amend the contract with
Leo A. Daly for additional services to be performed during the construction period and
not covered by the contract; that these services would include the checking of shop
drawings and contractor submittals, provisions of consultant services as the need
arises, provision of as -built drawings, and other contract administration duties; that
the City staff has reviewed the original contract with Leo A. Daly to determine what
additional services are required, and the firm has agreed to provide those additional
services to the City for a not -to -exceed amount of $70,000; stating that funds are
available in Alliance Airport Fund GC49, Center No. 020014001000, Account No. 541200;
and recommending that the City Council authorize the City Manager to:
1. accept the assignment of the following agreements from Hillwood
Development to the City of Fort Worth:
a. Aubry Architects
b. Leo A. Daly
c. Albert H. Halff Associates;
2. reimburse Hillwood Development Corporation $383,667 incurred under those
agreements as well as related work performed; and
3. execute an amendment to the City's assigned contract with Leo A. Daly of
Omaha, Nebraska, in the not -to -exceed amount of $70,000 for additional
construction period services to be provided directly to the City.
MAC C-12639 adopted It was the consensus of the City Council that the recommendations be adopted.
MAC C-12640 re There was presented Mayor and Council Communication No. C-12640 from the City
authorized bond Manager stating that the 1986 Capital Improvement Program included a project to
fund transfer and:; reconstruct Cockrell Avenue from Fuller to Morrell; that the reconstruction of Leith
engineering design Avenue from Westcreek to Covert and Wheaton Drive from Wedgemont North to Walton was
contract for recon subsequently added to the program using undesignated District 6 funds; that, following
struction Cockrell review of three competitive unpriced proposals, staff recommends that Everage
Avenue from Fuller Associates, Inc., a Fort Worth -based firm, be awarded the design contract for this
to Morrell;Leith project; that Everage Associates has agreed to provide the engineering services for a
Avenue from hest- fee based on the time and hourly rates of employees actually engaged in the work, not
creek to Covert; anJ
Wheaton Drive from
Wedgemont North to
Walton with Everag
Associates, Inc.
Minutes of City Council Q-3 Page 521
M&C C-12640 cont.
authorized bond
fund transfer and
engineering design
contract with
Everage Assocaites
Inc. for recon-
structing Cockrell
Avenue from Fuller
to Morrell; Leith
Avenue from West -
creek to Covert,
and Wheaton Drive
from Wedgemont
North to Walton
TUESDAY, DECEMBER 11, 1990
to exceed $32,500.00; that staff considers this fee to be fair and reasonable for the
work involved; and recommending that the City Council:
1. authorize the following bond fund transfer:
FROM TO AMOUNT REASON
GS67-020670409010 GS67-020670402750 $32,500.00 To provide funds
Inner City Streets Cockrell -Leith- for consultant's
Unspecified Wheaton Street design fee.
Improvements
2. authorize the City Manager to execute an engineering design contract for
reconstructing Cockrell Avenue from Fuller to Morrell; Leith Avenue from
Westcreek to Covert; and Wheaton Drive from Wedgemont N. to Walton with
the firm of Everage Associates, Inc., 2630 West Freeway, Fort Worth,
Texas, for an hourly rate fee, not to exceed $32,500.00.
M&C C-12640 adopted It was the consensus of the City Council that the recommendations be adopted.
M&C C-12641 re
authorized en-
gineering agreemen
with Freese and
Nichols, Inc. for
design of flood
Hazard Mitigation
projects of the
Village Creek
Wastewater Treat-
ment Plant and Lak
Worth Dam
There was presented Mayor and Council Communication No. C-12641 from the City
Manager, as follows:
SUBJECT: ENGINEERING AGREEMENT WITH FREESE AND NICHOLS, INC., FOR THE DESIGN
OF FLOOD HAZARD MITIGATION PROJECTS AT VILLAGE CREEK WASTEWATER
TREATMENT AND LAKE WORTH DAM
RECOMMENDATION:
It is recommended that the City Council:
1. authorize a bond fund transfer in the amount of $166,814 from Water
Capital Improvement Fund PW77, Account No. 541300, Center No.
060770169010, Unspecified to Water Capital Improvement Fund PW77,
Account No. 531200, Center No. 060770220020, Flood Hazard Mitigation,
Lake Worth Dam;
2. authorize a bond fund transfer in the amount of $249,953 from Sewer
Capital Improvement Fund PS46, Account No. 541300, Center No.
070460139010, Unspecified to Sewer Capital Improvement Fund PS46,
Account No. 531200, Center No. 070460220050, Flood Hazard Mitigation,
VCWWTP;
3. authorize the City Manager to execute an engineering agreement with
Freese and Nichols, Inc. for the design of Flood Hazard Mitigation
Projects at the Village Creek Wastewater Treatment Plant and Lake Worth
Dam for a total fee not to exceed $416,767; and
4. authorize the City Manager to submit an application for matching
construction funds to the Federal Energy Management Agency (FEMA) for
the raising of levees at the Village Creek Wastewater Treatment Plant,
levee protection at the Village Creek Sludge Drying Beds and for the
flood proofing of the Lake Worth Dam.
PROJECT NO: PW77-060770220020 PS46-070460220050
BACKGROUND:
During the spring floods of both 1989 and 1990, the Trinity River overflowed
its banks and came close to reaching the 100 year flood elevation. The
sludge drying bed levees were severely eroded by the high velocity water and
require repair before the spring of 1991. ,
In the Regional Environmental Impact Statement of 1987, the Corps of
Engineers pointed out that continuing urbanization of the watershed has
increased both the volume and the peak flow of the storm water reaching the
river. The levees surrounding the Village Creek Wastewater Treatment Plant
and the sludge drying beds were constructed to elevations required to protect
against 100 year floods. However, the high capital value and the impact of
the potential of flooding the plant on the downstream residents, should the
levees over top in a storm, has led the Water Department to consider raising
the levees to protect against Project Floods.
The Lake Worth Dam was originally constructed in 1914. The changing
vegetation and development of the watershed has significantly increased the
predicted flows during storm events. The Texas Water Commission has required
upgrading of the dam for passage of the predicted floods. An earlier study
by Espey Houston in 1989 recommended improving the capability of the dam by
hardening the embankment to withstand over topping.
The FEMA has recognized the necessity of preventing damage prior to flooding
and developed a fifty percent matching program for the construction of flood
Minutes of City Council Q-3 Page 522
&C C-12641 cont.
uthorized en-
ineering agreement
ith Freese and
ichols, Inc. for
esign of Flood
azard Mitigation
rojects of the
illage Creek
astewater Treat-
ent Plant and Lake
orth Dam
5�3
TUESDAY, DECEMBER 11, 1990
protection improvements in areas showing great risk to the public should the
situation go unresolved. Preliminary applications have been filed with the
FEMA.
SCOPE OF SERVICES:
The Consultant will perform detailed investigations, prepare bid documents
and provide general engineering services for the repairs and raising of the
sludge drying bed levees, the Village Creek levees, and for the reinforcement
of the Lake Worth Dam. In addition, the Consultant will prepare grant
application packages for Hazard Mitigation funds being offered by the FEMA.
The Consultant will retain consultants for.soil investigation work.
FEES:
The Consultant will be compensated on a cost plus multiplier with a maximum
fee. Monthly invoices showing work completed will be submitted. The total
fee will not exceed $416,767. The Consultant has shown sufficient evidence
of his intent to comply with the City DBE requirements.
TIME OF COMPLETION:
The Consultant intends to complete the design documents within one year of
authorization to proceed.
FINANCING:
Sufficient funds are available to transfer from Water Capital Improvements
Fund PW77, Center No. 060770169010, Unspecified; and Sewer Capital
Improvements Fund PS46, Center No. 070460139010, Unspecified.
Upon approval and completion of Recommendations 1 and 2, sufficient funds
will be available in Water Capital Improvements Fund PW77, Center
No. 060770220020, Flood Hazard Mitigation, Lake Worth Dam in the amount of
$166,814.00 and Sewer Capital Improvements Fund PS46, Center
No. 070460220050, Flood Hazard Mitigation, VCWWIP in the amount of
$249,953.00.
Expenditures will be made from Account No. 531200.
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. 2 in the amount of $249,953.00,
sufficient funds will be available in Sewer Capital Improvements Fund PS46,
Account No. 531200, Center No. 070460220050, Flood Hazard Mitigation, VCWWTP.
Expenditures will be from Account No. 531200.
Council Member Gilley requested permission of the City Council to abstain
from voting on Mayor and Council Communication No. C-12641 involving Freese and
Nichols, Inc.
Council Member McCray made a motion, seconded by Council Member Granger, that
Council Member Gilley be permitted to abstain from voting on Mayor and Council
Communication No. C-12641. When the motion was put to a vote by the Mayor, it
prevailed unanimously.
Council Member Meadows requested permission of the City Council to abstain from
voting on Mayor and Council Communication No. C-12641 involving Freese and Nichols,
Inc.
Council Member McCray made a motion, seconded by Mayor Pro tempore Garrison, that
Council Member Meadows be permitted from voting on Mayor and Council Communication
No. C-12641 involving Freese and Nichols, Inc. When the motion was put to a vote by
the Mayor, it prevailed unanimously.
Council Member McCray made a motion, seconded by Council Member Chappell,
that the recommendations as contained in Mayor and Council Communication
No. C-12641, 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 Garrison; Council Members
Granger, McCray, Webber, and Chappell
NOES: None
ABSENT: Council Member Zapata
NOT VOTING: Council Members Gilley and Meadows
&C C-12642 re There was presented Mayor and Council Communication No. C-12642 from the City
uth orize d bond Manager submitting a tabulation of bids received for water main replacement for Stoney
and transfer with
.D. Conatser Con-
ractors, Inc. and
. L. Bertram
onstruction and
ngineering, Inc.
Minutes of City Council Q-3 Page 523
M&C C-12642 cont.
Bridge Road and Flaxseed Lane and a tabulation of bids received for storm drain relief
authorized bond
system in Westpoint Addition; and recommending that the City Council:
fund transfer for
It was the consensus of the City Council that the recommendations be adopted.
water main replace
1. authorize a bond fund transfer in the amount of $130,173.00* from
ment in Stoney
Special Assessments Fund GS94, Center No. 020940099050, Special
Bridge Road and
Assessments Unspecified, to Street Improvements Fund GS67, Center No.
Flaxseed Lane, with
060670171600, Water Replacement, Stoney Bridge Road and Flaxseed Lane;
L. D. Conatser
did not include janitorial services and utility costs; therefore, this amendment
Contractors, Inc.
2. authorize a fund transfer in the amount of $10,000.00 from Water and
and contract with
Sewer Operation Fund PE45, Account No. 541200, Center No. 0609020, to
J. L. Bertram
Water Capital Improvement Fund PW53, Center No. 060530171600, Water
Construction and
Replacement, Stoney Bridge Road and Flaxseed Lane (Inspection and
Engineering, Inc.
Survey);
for Storm Drain
Relief System in
Westpoint Addition
3. authorize the City Manager to execute a construction contract with L.D.
cost from Revoly-
Conatser Contractors, Inc., for Water Main Replacement, Stoney Bridge
Road and Flaxseed Lane, based on the low bid of $123,973.50;
ing Fund to Pro-
4. authorize the City Manager to approve the following bond fund transfer:
FROM TO AMOUNT REASON
GS67-020670409010 GS67-020670402240 $455,273.39 To provide funds
Inner City Streets Westpoint Drainage for construction
Unspecified plus $21,679.69
for possible
change orders.
5. authorize the City Manager to execute a contract with J.L. Bertram
Construction & Engineering, Inc., for Storm Drain Relief System in
Westpoint Addition, in the amount of $433,593.70, and 40 working days.
M&C C-12644 re
authorized contracl
*Includes 5% of bid amount for possible change orders, as established by City
Mayor and Council Communication No. C-12644 from the City
Ordinance No. 10437.
M&C C-12642 adopte4l
It was the consensus of the City Council that the recommendations be adopted.
M&C C-12643 re
There was presented Mayor and Council Communication No. C-12643 from the City
lease agreement
Manager stating that the City Council authorized the use of $5,719.00 on September 4,
with Texas Depart-
1990, by Mayor and Council Communication No. C-12496 for leasing office space to
ment of Human Ser-
for Office
implement a pilot project, "Project Start", to serve AFDC recipients; that this amount
vices
located
did not include janitorial services and utility costs; therefore, this amendment
space at
3114 South River-
revises the term of the lease agreement to include janitorial services and cost for
side Drive
utilities, raising the cost of the lease to $7,777.84; stating that funds are available
GS94-020940099050
in Grant Fund GR76, Center No. 008405519010, Account No. 537010; and recommending that
To move property
the City Council amend Mayor and Council Communication No. C-12496 and authorize the
Special Assessments
City Manager to execute a lease agreement with the Texas Department of Human Services
owners' share of
for office space at 3114 South Riverside Drive for an amount not to exceed $7,777.84,
Unspecified
for the period beginning December 1, 1990, and ending June 30, 1991. It was the
cost from Revoly-
consensus of the City Council that that the recommendation be adopted.
M&C C-12644 re
authorized contracl
There was presented
Mayor and Council Communication No. C-12644 from the City
with Walt Williams
Manager submitting a tabulation
of bids received for the paving
of Feliks Gwozdz Street
Construction, Inc.
from Hemphill Street to St.
Louis Avenue; and recommending that
the City Council:
for the paving of
Feliks Gwozdz St.
1. approve the following
fund transfers:
from Hemphill St.
FROM
TO AMOUNT
REASON
to St. Louis Av a nu
GS94-020940099050
GS67-020670402540 $ 24,840.00
To move property
Special Assessments
Feliks Gwozdz,
owners' share of
Unspecified
Hemphill to
cost from Revoly-
St. Louis
ing Fund to Pro-
ject account.
GS67-020670409010 GS67-020670402540 $196,121.00 To provide funds
Inner City Streets Feliks Gwozdz, for the City's
Unspecified Hemphill to share of con -
St. Louis struction cost
plus $13,626.41
for possible
change orders.
2. authorize the City Manager to execute a contract with Walt Williams
Construction, Inc., in the amount of $272,528.59 and 60 working days,
for the paving of Feliks Gwozdz Street from Hemphill Street to St. Louis
Avenue.
M&C C-12644 adopte4It was the consensus of the City Council that the recommendations be adopted.
Minutes of City Council Q-3 Page 524
o�J
TUESDAY, DECEMBER 11, 1990
M&C C-12645 re
There was presented Mayor and Council
Communication
No. C-12645 from the City
contract with
Manager submitting a tabulation of bids received
for channel improvements at Laver
Arens Corporation,
Court and Willie Street;
and recommending that
the City Council:
Inc. for channel
men t with Rady and
Associates, Inc., on April 11, 1989, by Mayor and Council Communication No. C-11583, in
Associates, Inc.
the amount of $267,500.00 to provide for design of paving and drainage improvements on
improvements at
1. authorize the
City Manager to approve the following
bond fund transfer:
Laver Court and
consultant to perform only sufficient preliminary design work to determine the location
bridge over the
and elevation of the new bridge across the Trinity River; that Proposition No. 2 of the
Trinity River
Willie Street
FROM
TO
AMOUNT
REASON
GS67-020670359010
GS67-020670288780
$44,715.00
To provide funds
approved in 1982 for the East 1st Street Bridge have not been sold; that a transfer of
Miscellaneous
Laver and Willie
for construction.
Streets and
Channel Improvements
1. approve the following bond fund transfer:
FROM TO AMOUNT REASON
Drainage
GS30-020300239010 GS30-020300260210 $222,500 To provide funds
Major Thoroughfares E. 1st/Randol for additional
2. execute an amendment to City Secretary Contract No. 17093 with the firm
of Rady & Associates, Inc., for the design of E. 1st/Randol Mill Road
and a new bridge over the Trinity River in the amount of $222,500
increasing the total contract amount to $490,000.
Council Member Gilley requested permission of the City Council to abstain
from voting on Mayor and Council Communication No. C-12646 because of a business
relationship with Rady and Associates, Inc.
Council Member Granger made a motion, seconded by Council Member McCray, that
Council Member Gilley be permitted to abstain from voting on Mayor and Council
Communication No. C-12646. When the motion was put to a vote by the Mayor, it
prevailed unanimously.
Council Member Meadows made a motion, seconded by Council Member McCray, that
the recommendations, as contained in Mayor and Council Communication No. C-12646,
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 Garrison; Council Members
Granger, Meadows, McCray, Webber, and Chappell
NOES: None
ABSENT: Council Member Zapata
NOT VOTING: Council Members Gilley
M&C C-12647 re There was presented Mayor and Council Communication No. C-12647 from the City
agreement leasing Manager stating that Mayfest has been a popular and successful annual event in Trinity
a portion of Park since 1973; that Mayfest, Inc., is a Texas non-profit corporation organized for
Trinity Park to the sole purpose of presenting Mayfest; that Mayfest is one of the most successful and
Mayfest, Inc. for popular events of its kind; that Mayfest '91 is planned for May 2, 3, 4, and 5, 1991;
Mayfest festival that the lease dates would be April 19 through May 10, 1991; that the provisions of the
Mayfest '91 lease would be substantially the same as in previous years; that Mayfest
proceeds are used for river beautification projects, community improvement programs,
Minutes of City Council Q-3 Page 525
2. authorize the City Manager to execute a contract with Arens Corporation,
Inc., for Channel Improvements at Laver Court and Willie Street, in the
amount of $44,715.00, and 30 working days.
M&C C-12645 adopted
It was the consensus of the City Council that the recommendations be adopted.
M&C C-12646 re
There was presented Mayor and Council Communication No. C-12646 from the City
authorized emend-
Manager stating that the City Council awarded a design services contract to Rady and
men t with Rady and
Associates, Inc., on April 11, 1989, by Mayor and Council Communication No. C-11583, in
Associates, Inc.
the amount of $267,500.00 to provide for design of paving and drainage improvements on
for design of East
East 1st/Randol Mill Road from Beach Street to a new Trinity River bridge and from the
Firs t/Randoil Mill
bridge to Woodhaven Boulevard; that included in this contract was a provision for the
Road and a new
consultant to perform only sufficient preliminary design work to determine the location
bridge over the
and elevation of the new bridge across the Trinity River; that Proposition No. 2 of the
Trinity River
Bond Program approved by the voters on July 10, 1990, provided funds for improvement of
East 1st/Randol Mill Road from the Trinity River to Woodhaven Boulevard including a new
bridge over the Trinity River; that Rady and Associates, Inc., has agreed to do this
additional design work on an hourly cost basis and also provide the necessary
geotechnical work with a maximum fee not to exceed $222,500.00; stating that funds
approved in 1982 for the East 1st Street Bridge have not been sold; that a transfer of
funds from Major Thoroughfares Unspecified is recommended at this time to fund the
engineering work, to be repaid when the bonds are sold; and recommending that the City
Council authorize the City Manager to:
1. approve the following bond fund transfer:
FROM TO AMOUNT REASON
GS30-020300239010 GS30-020300260210 $222,500 To provide funds
Major Thoroughfares E. 1st/Randol for additional
Unspecified Mill Road Bridge design services.
2. execute an amendment to City Secretary Contract No. 17093 with the firm
of Rady & Associates, Inc., for the design of E. 1st/Randol Mill Road
and a new bridge over the Trinity River in the amount of $222,500
increasing the total contract amount to $490,000.
Council Member Gilley requested permission of the City Council to abstain
from voting on Mayor and Council Communication No. C-12646 because of a business
relationship with Rady and Associates, Inc.
Council Member Granger made a motion, seconded by Council Member McCray, that
Council Member Gilley be permitted to abstain from voting on Mayor and Council
Communication No. C-12646. When the motion was put to a vote by the Mayor, it
prevailed unanimously.
Council Member Meadows made a motion, seconded by Council Member McCray, that
the recommendations, as contained in Mayor and Council Communication No. C-12646,
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 Garrison; Council Members
Granger, Meadows, McCray, Webber, and Chappell
NOES: None
ABSENT: Council Member Zapata
NOT VOTING: Council Members Gilley
M&C C-12647 re There was presented Mayor and Council Communication No. C-12647 from the City
agreement leasing Manager stating that Mayfest has been a popular and successful annual event in Trinity
a portion of Park since 1973; that Mayfest, Inc., is a Texas non-profit corporation organized for
Trinity Park to the sole purpose of presenting Mayfest; that Mayfest is one of the most successful and
Mayfest, Inc. for popular events of its kind; that Mayfest '91 is planned for May 2, 3, 4, and 5, 1991;
Mayfest festival that the lease dates would be April 19 through May 10, 1991; that the provisions of the
Mayfest '91 lease would be substantially the same as in previous years; that Mayfest
proceeds are used for river beautification projects, community improvement programs,
Minutes of City Council Q-3 Page 525
5�,u .
TUESDAY DECEMBER 11 1990
M&C C-12647 cont, and Park and Recreation Department programs and improvements; and recommending that the
agreement leasing City Manager be authorized to execute an agreement leasing a portion of Trinity Park to
with Mayfest Inc. Mayfest, Inc., from April 19 through May 10, 1991, for the purpose of the annual
for Mayfest festi Mayfest festival to be equal to twenty percent of the net operating profits of the
val Mayfest 91 festival ; and authorizing receipt of the money to be recorded into Special
Trust Fund FE72, Center No. 080502110030, General Park Improvements. It was the
consensus of the City Council that the recommendations be adopted.
M&C C-12648 re
authorized parkin
agreement with th
Southwest Exposi-
tion and Livestoc
Show to permit
parking on a port
ion of the Botani
Garden South of
Harley Street
M&C C-12649 re
approved Continen
tal Loss Adjustin
Services, Inc. as
the provider for
claims adjusting
service for the
City's Worker's
Compensation
program
There was presented Mayor and Council Communication No. C-12648 from the City
Manager stating that the Southwest Exposition and Livestock Show has contracted to use
a portion of the Botanic Garden immediately south of Harley Street for exhibitor
parking for the last twenty years; that the agreement has been for a single period of
thirty days each year; that the fee paid to the City has been $1,000.00 for use of
approximately four acres since 1986; that, as usual, fence installation and removal,
site restoration, insurance, and full indemnification of the City of Fort Worth would
be required at Stock Show expense; stating that the receipts will be deposited in
Special Trust Fund FE72, Center No. 080502101010, Account No. 488692; and recommending
that the City Manager be authorized to execute a parking agreement with the Southwest
Exposition and Livestock Show for a 30 -day period in 1991 at a fee of $1,000.00 to
permit parking on a portion of the Botanic Garden south of Harley Street. It was the
consensus of the City Council that the recommendation be adopted.
There was presented Mayor and Council Communication No. C-12649 from the City
Manager, as follows:
SUBJECT: CONTRACT RENEWAL WITH CONTINENTAL LOSS ADJUSTING SERVICES, INC. FOR
CITY'S WORKERS' COMPENSATION CLAIMS ADJUSTING SERVICE
RECOMMENDATION:
It is recommended that the City Council:
1. approve Continental Loss Adjusting Services, Inc., as the provider for
claims adjusting service for the City's Workers' Compensation Program
for the period January 1, 1991, to January 1, 1992; and
2. authorize the City Manager to execute the second of two optional
oneyear renewal contracts with this firm for the period January 1,
1991, to January 1, 1992. The estimated cost for this service for
1991, based on bids submitted during 1988, will be approximately
$265,000.00.
DISCUSSION:
Beginning January 1, 1984, the City contracted with Underwriters Adjusting
Company (UAC) to provide workers' compensation claims adjusting services.
This firm has continuously provided this service since that date.
Underwriters Adjusting Company has recently changed its company name to
Continental Loss Adjusting Services, Inc. (CLAS, Inc.). The City's contract
was amended by City Council (M&C C-12515 of September 25, 1990), to reflect
this change of name. During 1988, the City conducted a competitive bid
process for this service and Underwriters Adjusting Company was awarded the
contract for the period January 1, 1989, to January 1, 1990. The bid
submitted by Underwriters Adjusting Company, per City specifications,
provided not only terms for the period January 1, 1989, to January 1, 1990,
but also provided terms for two separate subsequent one-year renewal periods.
The first of these optional renewal periods was approved by City Council (M&C
C-12051 of December 19, 1989), extending this service for the period January
1, 1990, to January 1, 1991. One optional one-year renewal period remains
available at the City's option for the period January 1, 1991, to January 1,
1992.
During 1989, the contract with this company was amended (M&C C-11883), to add
the additional service of computerized audit of medical bills. This contract
amendment states the cost of this additional service will not change during
either of the optional one-year renewal periods.
The performance of Continental Loss Adjusting Services, Inc. has been
excellent. To continue utilizing the service of this firm would assure the
City of high quality claims adjusting services to minimize City paid losses
during the next year.
Fees for 1991 were provided by this company in
1989 contract amendment. These fees stated in the
renewal period January 1, 1991 to January 1, 1992
No Claim Reports
Medical Only Claims
Indemnity
(Lost Time Claims Requiring Indemnification)
Conversion
the 1988 bid process and the
current contract for the
are as follows:
$ 27.00 each
$ 67.00 each
$ 350.00 each
Minutes of City Council Q-3 Page 526
$ 40.00 each
f� •
TUESDAY, DECEMBER 11, 1990
&C C-12649 cont. (From a No Claim Report to a Medical Only Claim)
pproved Conti nenta Conversion $ 323.00 each
oss Adjusting (From a No Claim Report to an Indemnity Claim)
ervices, Inc. as Conversion $ 283.00 each
he provider for (From a Medical Only Claim to an Indemnity Claim)
1 ai ms adjusting Pre -Hearings $ 165.00 each
ervice for the Administrative Services $1,166.66 month
ity's Workers' Rehabilitation Services* Rates Not Available
ompensation progra Computerized Medical Audits $ 3.00 per
(MEDATA) bill audited
plus 7 percent of
the cost reduction
*At the time of the 1988 bid process, the 1991 costs for rehabilitation
services were not available. Continental Loss Adjusting Services, Inc. has
advised these services will be available during 1990 at $56.00 per hour, the
same rate as 1989 and 1990.
FINANCING:
Sufficient funds to carry out this one-year contract are available in
Workers' Compensation Insurance Fund FE 73, Center No. 0157310, Workers'
Compensation Insurance. The expenditures will be made from Account
No. 534600.
&C C12650 adopted
&C C-12651 re
uthorized amend-
ent No. 1 to the
ngineering agree-
ent with Freese an
ichois, Inc. for
ngineering service
elated to the con-
rol systems up -
rade Phase III
1. authorize a bond fund transfer in the amount of $10,000.00 from Water
Capital Improvement Fund PW81, Account No. 541200, Center No.
060810159010, Unspecified to Water Capital Improvement Fund PW81,
Account No. 531200, Center No. 060810220030, Process Improvements at
North Holly; and
2. authorize the City Manager to execute Amendment No. 2 to the
engineering agreement with Camp Dresser McKee, Inc., City Secretary
Contract No. 17706, for engineering services relating to Construction
Services Process Improvements at North Holly, increasing the fixed fee
amount from $450,120 to $460,120.
It was the consensus of the City Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. C-12651 from the City
Manager, as follows:
SUBJECT: AMENDMENT NO. 1 TO CONTROL SYSTEMS UPGRADE AT VILLAGE CREEK
WASTEWATER TREATMENT PLANT (FREESE AND NICHOLS, INC.)
RECOMMENDATION:
It is recommended that the City Council:
1. authorize a bond fund transfer in the amount of $194,898 from Sewer
Capital Improvement Fund PS82, Center No. 070820160010, Village Creek
Expansion, Phase II to Sewer Capital Improvement Fund PS82, Center No.
070820220050, Control Systems Upgrade, Phase II; and
2. authorize the City Manager to execute Amendment No. 1 to the
engineering agreement with Freese and Nichols, Inc., City Secretary
Contract No. 17568, for engineering services relating to the Control
Minutes of City Council Q-3 Page 527
Council Member Gilley made a motion, seconded by Mayor Pro tempore Garrison,
that the recommendations, as contained in Mayor and Council Communication
No. C-12649, be adopted. When the motion was put to a vote by the Mayor, it
prevailed unanimously.
&C C-12650 re
There was presented Mayor and Council Communication No. C-12650 from the City
uthorized engineer
Manager stating that the City Council approved the award of a design contract to Camp
ng agreement with
Dresser and McKee, Inc., by Mayor and Council Communication No. C-12123 on January 20,
amp Dresser Mckee,
1990, for design of improvements to the North Holly Water Treatment Plant to include
nc. for engineer-
sediment collection systems, chemical treatment improvements, turbidity monitoring, and
ng services rela t-
chlorine level monitoring instrumentation; that Amendment 1 was approved on August 28,
ng to construction
1990, by Mayor and Council Communication No. C-12486 for the design of filter effluent
ervices process
control and valve replacement improvements; that the Consultant has recommended a
mprovements at
microvax computer to be installed at the North Holly Filter control building to provide
or th Holly
central control for the new facility which would allow the control and instrumentation
system to be expanded in the future to include all chemical systems and to provide an
automatic filter backwash system; that the Design Engineer will prepare design plans
and specifications for the instrumentation and control system improvements to provide a
backup microvax based control system at North Holly Water Treatment Plant and modify
the SCADA system to accommodate the North Holly backup system; that the upper limit of
payment to the Design Engineer for the project will be raised by $10,000; and
recommending that the City Council:
&C C12650 adopted
&C C-12651 re
uthorized amend-
ent No. 1 to the
ngineering agree-
ent with Freese an
ichois, Inc. for
ngineering service
elated to the con-
rol systems up -
rade Phase III
1. authorize a bond fund transfer in the amount of $10,000.00 from Water
Capital Improvement Fund PW81, Account No. 541200, Center No.
060810159010, Unspecified to Water Capital Improvement Fund PW81,
Account No. 531200, Center No. 060810220030, Process Improvements at
North Holly; and
2. authorize the City Manager to execute Amendment No. 2 to the
engineering agreement with Camp Dresser McKee, Inc., City Secretary
Contract No. 17706, for engineering services relating to Construction
Services Process Improvements at North Holly, increasing the fixed fee
amount from $450,120 to $460,120.
It was the consensus of the City Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. C-12651 from the City
Manager, as follows:
SUBJECT: AMENDMENT NO. 1 TO CONTROL SYSTEMS UPGRADE AT VILLAGE CREEK
WASTEWATER TREATMENT PLANT (FREESE AND NICHOLS, INC.)
RECOMMENDATION:
It is recommended that the City Council:
1. authorize a bond fund transfer in the amount of $194,898 from Sewer
Capital Improvement Fund PS82, Center No. 070820160010, Village Creek
Expansion, Phase II to Sewer Capital Improvement Fund PS82, Center No.
070820220050, Control Systems Upgrade, Phase II; and
2. authorize the City Manager to execute Amendment No. 1 to the
engineering agreement with Freese and Nichols, Inc., City Secretary
Contract No. 17568, for engineering services relating to the Control
Minutes of City Council Q-3 Page 527
s�
M&C C-12651 cont. Systems Upgrade, Phase II increasing the fixed fee amount from
agreement with
Freese and Nichols $1,407,380 to $1,602,278.
Inc. for engineer- DISCUSSION•
ing services re-
lating to cons truc On October 17, 1989 (M&C C-11938), the City Council authorized execution of
tion services proc an engineering agreement with Freese and Nichols, Inc. for preparation of
ess improvements a plans and specifications for Control Systems Upgrade at Village Creek
North Holly Wastewater Treatment Plant.
Difficulties encountered in expanding the existing computerized control
system at the Village Creek Wastewater Treatment Plant led to the decision to
replace the existing control system with a Distributed Control and
Information Management System. Phase I of the replacement, designed to
provide control for ongoing construction projects and for the existing solids
processing area, was designed under Amendment No. 3 to the Phase II 24mgd
Expansion Engineering Contract (M&C C-11426). The Phase I Control System
contract was bid and awarded to Johnson Yokogowa (M&C C-12118 dated 1-5-90).
Freese and Nichols, Inc. was retained (M&C C-11938 dated 10-17-89) under a
new contract to provide construction management services for the Phase I
Control System Contract and Design services for the Phase II Control System
contract.
Review of the existing facilities and modification to accommodate the new
system were included in the Phase II control system design services. The
review indicated that there was great difficulty and risk involved with
installing the Phase II Control System in the same area as the existing
system. After considering expansion to the west and the addition of a second
story, the expansion to the west was accepted as the least disruptive and
most cost effective. Analysis of support systems, including the
uninterruptable power supply, air conditioning and fire safety requirements
has led to the need for design efforts beyond the original scope.
At the same time analysis of facility options was proceeding, the Phase IIB
contractor was proceeding with the expansion of the Aeration Area at a pace
that would require implementation of control systems before the Phase II
Control System could be installed.' Since operation of the new aeration
basins and clarifiers is necessary while four other basins are being upgraded
with new aeration systems, the designer was required to develop an interim
control strategy on the Leeds and Northrup system and a strategy to transfer
controls to the new control system when installed.
SCOPE OF SERVICES UNDER AMENDMENT NO. 1:
The design consultant will provide the following services at the estimated
costs.
TOTAL
Phase I - Construction Management $ 35,000
Phase IIB Interim Controls
(Relocation of Phase IIB Controls)
Phase
II - Control System Design
(1)
West Control Room Expansion Geotechnical
2,900
(2)
Standby Generator
45,998
(3)
HVAC Renovations
62,725
(4)
Utility Relocation/Site Work
11,350
(5)
Fire Code Provisions
5,375
(6)
Phase IIB Interim Controls
31,550
(Implementation of Temporary Controls)
TOTALS
$194,898
FINANCING:
Sufficient funds are available for transfer from Sewer Capital Improvement
Fund PS82, Center No. 070820160010, Village Creek Expansion Phase II. Upon
approval and completion of Recommendation No. 1 in the amount of $194,898.00,
sufficient funds will be available in Water Capital Improvement Fund PS82,
Center No. 070820220050, Control Systems Upgrade, Phase II. Expenditures
will be made from Account No. 531200.
M&C C-12651 adopte It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. C-12651, be adopted.
M&C C-12652 re There was presented Mayor and Council Communication No. C-12652 from the City
authorized agree- Manager, as follows:
ment with the
Burlington Northerh SUBJECT: AGREEMENT WITH THE BURLINGTON NORTHERN RAILROAD (BNRR), THE
Railroad, Proctor MISSOURI PACIFIC RAILROAD (MPRR), AND PROCTOR AND GAMBLE OILSEED
and Gamble Oil- PRODUCTS COMPANY - ABANDONMENT AND ACQUISITION OF RAILROAD R.O.W.
seed Products Co- IN VICINITY OF BIDDISON STREET
mpany, the Missour
Pacific Railroad.
prvoding for the
abandonment of
trackage along
Biddison Street
Minutes of City Council Q-3 Page 528
&C C-12652 cont.
greement with
urlington Northern
ailroad, Proctor
nd Gamble Oilseed
roducts Company,
he Missouri Pacifi
ailroad providing
or the abandonment
f trackage along
iddison-, Street
RECOMMENDATION
It is recommended that the City Council:
1. authorize the City Manager to execute an agreement with the Burlington
Northern Railroad (BNRR), Proctor & Gamble Oilseed Products Company
(P&G) the Missouri Pacific Railroad (MPRR) providing for the abandonment
of trackage along Biddison Street, the acquisition of this R.O.W. by the
City, the funding by the City of a connection to the Missouri -Pacific
main line of the industry track, and the upgrade of the Biddison Street
Crossing; and
2. approve the following bond fund transfer:
FROM
TO
AMOUNT
REASON
GS21-020210239010
GS21-020210340170
$74,458.00
To provide funds
Major Thoroughfares
Biddison Street
for Biddison Rail -
Unspecified
Crossing
road track and
crossing.
GS21-020210259010
GS21-020210340170
$25,427.99
To provide funds
Street Resurfacing/
Biddison Street
for Biddison Rail -
Reconstruction
Crossing
road track and
Unspecified
crossing.
GS21-020210369010
GS21-020210340170
$44,285.01
To provide funds
New Additions
Biddison Street
for Biddison Rail -
Unspecified
Crossing
road track and
crossing.
BACKGROUND
In 1985, the City completed the widening and improvement of Biddison Street
between Hemphill and McCart. Most of the widening was on the Burlington
Northern Railroad (BNRR) R.O.W. on the north side. The elevation of the
track in relation to the street elevation effectively closed College Street
at Biddison and made passage difficult at several other cross -streets along
Biddison. In the course of negotiating with BNRR regarding the lowering of
the track, BNRR indicated a willingness to abandon the track providing that
service to the west side of Traders Oil Mill (owned by P&G) could be
preserved. Toward that end, the BNRR has proposed an agreement with the City,
the Missouri Pacific Railroad and P&G as follows:
(1) BNRR would abandon the existing trackage and fee -owned R.O.W. along
Biddison Street in favor of the City of Fort Worth.
(2) The City of Fort Worth would fund the construction by MPRR of a
connection of the industry track formerly served by BNRR to the
Missouri Pacific main line at a cost not to exceed $130,000. This
includes a new crossing at Bewick Street.
(3) The BNRR would upgrade the industry track to MPRR standards at
BNRR's expense except for the crossing of Biddison Street which
would be upgraded by the City at an estimated cost of $18,000.
(4) The City would perform a survey and appraisal of the land to be
quitclaimed by BNRR to the City which has an estimated value of
$167,000. The cost of the survey and appraisal is estimated at
$4,000.
(5) The MPRR will continue to service Traders' Oil Mill and provide
reciprocal switching options.
(6) P&G agrees to sign the Industry Track Agreement with MPRR.
(7) The City will perform an environmental survey of the property to be
received from BNRR. The cost of this survey is estimated at under
$3,000.
Although not spelled out in the agreement, the City of Fort Worth would also
remove and repair the BNRR crossing of Hemphill at some future time. This
crossing location is a source of continuous and numerous citizen complaints.
The Fort Worth Western Railroad had been negotiating with BNRR for the
switching rights at Trader's Oil facility. The staff reviewed all of the
service options as they related to the grade problems with Biddison, the
potential economic development opportunity and associated public/private
expense. Ultimately, BNRR indicated that Trader's Oil preferred to be served
by a larger organization and BNRR preferred to finalize this negotiated
agreement.
Minutes of City Council Q-3 Page 529
530
&C C-12552 cont.
agreement with the
Burlington North-
The advantages
of this agreement to the City of Fort Worth are:
ern Railroad,
Proctor and Gamblealong
(1)
It represents an economical way of correcting the grade problems
Oilseed Products
Biddison Street when compared to conventional methods such as
Company, the
lowering the track.
Missouri Pacific
Railroad providingBiddison
(2)
It allows the elimination of four railroad grade crossings along
for the abandon-
which improves traffic safety in the area.
ment of trackage
along Biddison
(3)
It provides the City with valuable R.O.W. along the north side of
Street
Biddison Street.
(4)
It allows the upgrade of the pavement on Hemphill Street at the
BNRR crossing location and provides for improved ride quality on
Biddison Street at the industry track location.
(5)
Property values along Biddison Street between Ryan Street and
Hemphill Street should benefit from the elimination of the railroad
track.
FINANCING
Sufficient funds are available for transfer from Street Improvements Fund
GS21, Center No. 020210239010, Major Thoroughfares Unspecified, Center No.
020210259010 Street Resufacing/Reconstruction Unspecified, and Center No.
020210369010, New Additions Unspecified.
Upon approval and completion of Recommendation No. 2, sufficient funds will
be available in Street Improvements Fund GS21, Center No. 020210340170.
Expenditures will be made from Account No. 541200.
M&C C-12652 It was the consensus of the City Council that the recommendations, as contained in
adopted Mayor and Council Communication No. C-12652, be adopted.
M&C C-12653 re There was presented Mayor and Council Communication No. C-12653 from the City
authorized execu- Manager, as follows:
tion of health
services contract SUBJECT: HEALTH SERVICES CONTRACTS WITH TARRANT COUNTY FY 1990-91
with Tarrant
County Commission RECOMMENDATION:
ers' Court
It is recommended that the City Council authorize the City Manager to:
1. Execute the health services contracts with Tarrant County Commissioners'
Court in the areas described below.
RArvnpni 1Nn
For a number of years, the City Council has approved contracts authorizing
City participation in a cooperative arrangement with the Tarrant County
Commissioners' Court for the delivery of various public health services.
Terms for the contractual period October 1, 1990 through September 30, 1991
have now been finalized.
PROPOSED CONTRACTS:
Contractual agreements recommended for four health service areas are as
follows:
1. City Health Director to Serve as Chief Administrative Officer of the
County Health Department
This agreement provides for the City Health Director to serve as the
Chief Administrative Officer of the County Health Department acting as
and performing the functions and duties of the County Health Officer
with the power and authority to plan, direct, and supervise activities
of the County Health Department. Additionally, the Assistant Director
of Health Services provides direction to the County clinics. In
consideration for the additional administrative burden caused by this
arrangement, Tarrant County agrees to pay $44,000 during the period from
October 1, 1990 through September 30, 1991. The agreement provides that
while in the performance of his functions and duties on behalf of the
County, the County Health Office and Chief Administrative Officer of the
County Health Department shall not be considered an officer, agent, or
employee of the City of Fort Worth.
2. Dental Care for County Residents
This agreement provides that the County will fund $139,000 for
activities at the City's dental care facilities during October 1, 1990
Minutes of City Council Q-3 Page 530
531
M&C C-12653 cont. through September 30, 1991. Terms of the agreement stipulate that the
authorized execut- City will provide a full range of dental care services to indigent
ion of health County residents as are normally offered to indigent City residents.
services contracts
with Tarrant County 3. Use of the Sexually -Transmitted Disease Clinic
Commissioners'
Court This agreement provides that the City make available to County residents
the facilities and services of the Sexually -Transmitted Disease Clinic
at the Public Health Center on the same basis as those services provided
to City residents for payment in the amount of $48,000 from October 1,
1990 through September 30, 1991.
4. Use of City Health Center By County Health Department Staff
Under the terms of this contract, the City agrees to provide 14% of the
total building space to the County in the Public Health Center; to
provide access to the parking area adjacent to the Public Health Center
for the County Health Department; and provide maintenance to the grounds
surrounding the Public Health Center; in return for this consideration,
the County agrees to pay the City $32,000 for the contract period during
October 1, 1990 through September 30, 1991.
FINANCING:
These receipts will be deposited in General Fund GGO1, Center No. 0501000,
Public Health Administration.
The $44,000.00 will be credited to Account No. 451733, the $139,000.00 to
Account No. 451723, the $48,000.00 to Account No. 451753, and the $32,000.00
to Account No. 451743.
The Cash Management Division of Finance will be responsible for establishing
a receivable and effecting collection of all funds due the City under these
contracts.
M&C C-12653 On motion of Mayor Pro tempore Garrison, seconded by Council Member
adopted Granger, the recommendation, as contained in Mayor and Council Communication
No. C-12653, was adopted.
M&C C-12654 re There was presented Mayor and Council Communication No. C-12654, from the City
contract for the Manager, as follows:
processing/disposal SUBJECT: AWARD OF CONTRACT FOR PROCESSING/DISPOSAL OF BRUSH AND BULKY WASTE
of brush and bulky
waste with Waste TO WASTE MANAGEMENT, INC.
Management, Inc.
cont until January RECOMMENDATION
3, 1991
It is recommended that the City Council authorize the City Manager to execute
a contract for the processing/disposal of brush and bulky waste with Waste
Management, Inc. as outlined below.
BACKGROUND
The City of Fort Worth collects an estimated 760,000 cubic yards of garbage
and brush and bulky waste annually in the 60% of the city in which City crews
provide service. All of this waste material is currently landfilled. Brush
and bulky waste represents about 240,000 cubic yards or 31.6% of the total.
An on-going objective of the City's Solid Waste Management Division has been
to investigate and when feasible implement alternatives for handling and
disposing of solid waste. Two such alternatives have been the Don't Bag It
Lawn Care Program and the City's Christmas tree mulching project.
With a similar objective in mind, staff has investigated the idea of
shredding, composting and otherwise finding beneficial uses for the brush and
bulky waste that the City collects. Based on that investigation a Request
for Proposals was developed and sent to fourteen prospective service
providers. On October 11, 1990, five proposals were received by the City for
consideration.
SCOPE OF THE PROPOSAL
It is proposed that the City contract with a private company to receive,
process, and find beneficial uses for yard waste and other materials
collected by City crews in its brush and bulky waste collection program. The
City will deliver to a single location all of the materials picked up under
the present collection system. The City will guarantee the contractor
delivery of a minimum volume of 225,000 cubic yards of mixed waste annually.
Approximately 70% of the amount collected is comprised of brush and yard
waste.
Minutes of City Council Q-3 Page 531
S""
ti
M&C C-12654 cont. The City's objective is to reduce the volume of waste delivered under this
re contract for contract which would otherwise be landfilled by at least 75%. The City
the processing/ expects the contractor to shred, compost, recycle and/or otherwise reduce the
disposal of brush volume of waste that is required to be landfilled. The City would hope that
and bulky waste the contractor can find a secondary beneficial use for compost and an other
ment Inc. cont.
with Waste Manage- materials that are produced. The contractor will be responsible for
until January 3, disposing of all wastes received and any residual wastes remaining after
1991 processing. Disposal includes any required landfilling.
PROPOSED CONTRACTOR RESPONSIBILITIES
The contractor shall be solely responsible for:
1. Construction and operation of a facility capable of handling up to 2,500
cubic yards per day of yard waste, limbs, leaves, white goods, and other
miscellaneous materials collected by City of Fort Worth brush and bulky
waste collection crews. The contractor will provide all necessary
capital, financing, equity contributions or guarantees to adequately
fund the construction, maintenance and operation of the facility for the
full term of the agreement. The City will not be responsible for or
required to provide and project financing.
2. Owning, operating and managing the facility four to six days per week,
fifty-two weeks per year for a term of five years. Additional years of
operation could be available as an option for both the City and the
contractor. The schedule of operations shall be compatible with the
City's schedule for brush and bulky waste collection.
3. Obtaining any permits from state and local authorities that are required
to construct and operate the facility for the full term of the
agreement.
4. Insuring that the facility is located in a properly zoned area and is
located so as to minimize travel time for City crews.
5. Marketing materials that are produced or recovered as a result of
operating the facility and disposing of any residuals or oversized waste
for which there are no beneficial uses.
6. Working with the City to educate residents and businesses concerning
efforts to recycle and reuse yard wastes currently being landfilled.
PROPOSED CITY RESPONSIBILITIES
The City of Fort Worth will be responsible for:
1. Entering into an agreement with the contractor to deliver a minimum of
225,000 cubic yards of mixed brush and bulky waste annually to the
contractor's facility for an established tipping fee. The term of the
agreement will be for a period of -five years. No representation or
guarantees about the composition of the mixed waste are made as to how
much may be brush and yard waste and how much may be other bulk
materials.
2. Removing, transporting, and disposing of all hazardous waste that could
be delivered inadvertently to the facility by City crews.
3. Cooperating with the contractor as is reasonably feasible with his
efforts to acquire any permits that may be required for construction and
operation of the facility.
4. Assisting the contractor with public education to promote reduction,
reuse and recycling of all wood and yard wastes generated within the
City of Fort Worth.
PROPOSED PRICING STRUCTURE
It is proposed that tipping fees be computed on a per cubic yard basis.
Additionally, it is proposed that on the date which is twenty-four months
after the actual start-up date of the facility and annually thereafter, the
tipping fee be adjusted by adding to the tipping fee the percentage change in
the Consumers Price Index (CPI) for the preceding twelve month period,
multiplied by the tipping fee for the prior year, provided, however, that
increases in the tipping fee for changes in the CPI shall not exceed two
percent per year. The tipping fee for each subsequent year will be the
tipping fee for the preceding year of operations plus the percentage change
in the CPI subject to the two percent limit. The tipping fee will never fall
below that of the previous year.
Minutes of City Council Q-3 Page 532
M&C C-12654 cont,
re contract for the
processing/disposal
of brush and bulky
waste with Waste
Management, Inc.
cont. until January
3, 1991
M&C C-12655 re
contract with
Hahnfeld Associate
Architect/Planners
for the design of
the repairs and im
provements to Will
rogers Memorial
Complex
*. TUESDAY. DECEMBER 11, 1990
EVALUATION OF PROPOSALS
533
All of the proposals received were evaluated and ranked according to the
following factors and relative weightings:
I. Pricing per cubic yard 50%
II. Proposed location of facility 30%
III. Proposed end -product 10%
IV. Prior similar experience 5%
V. Start-up time 5%
Because the weight given to each proposal for the proposed end -product, prior
similar experience and startup time was relatively minor and there were few
differences between the proposals, ranking the proposals was based largely on
pricing and the proposed location of the facility. That information is as
follows:
PROPOSER PRICE
Waste Management, Inc. $1.65
Ecology Concepts, Inc. $2.20
Clean City, Inc. $2.40
ZEEBAA Corp. $3.1455
Laidlaw Waste Systems, Inc. $3.10
LOCATION
Westside Sanitary Landfill at
Lincrest Drive
2100 Risinger Road
3700 Reagan Drive
Old Berry Street Service Center
Laidlaw Landfill on Airport Frwy
In FY 1989/90 a total of 294,930 cubic yards of brush and bulky waste was
collected by City crews. Based on that volume and the number of loads hauled
from each collection district, the tipping fee costs and the transportation
costs to the City were projected to be as follows for the proposals with the
three lowest per unit prices:
The Waste Management, Inc. proposal in terms of its proposed pricing and
tipping fee costs is low. Although their proposed site is not the best
location relative to the City's collection routes, the low tipping fee more
than offsets the additional transportation costs that will be incurred.
FISCAL IMPACT
The City is currently paying $1.69 per cubic yard for landfilling brush and
bulky waste - $1.59 per cubic yard tipping fee and $.10 per cubic yard State
surcharge. Based on the volume of brush and bulky waste landfilled in FY
1989/90 and the current $1.69 per cubic yard cost, the total cost of
landfilling is estimated to be $498,431. In terms of the tipping fee costs,
the Waste Management, Inc., proposal is approximately $12,000 less than what
our current landfilling costs are. It is not believed that the projected
transportation costs will be significantly higher than what is currently
being incurred for using the Eastside Landfill.
FINANCING
Sufficient funds are available in Solid Waste Fund PE64 Center No. 0211004
Landfill Operations as it is anticipated that these expenditures are
estimated to run approximately $150,000.00 for FY 90-91. Any expenditure
exceeding $150,000.00 will be available through savings from other disposal
contracts. Expenditures will be made from Account No. 539120.
Council Member Gilley made a motion, seconded by Council Member Chappell,
that consideration of Mayor and Council Communication No. C-12654, Award of
Contract for Processing/Disposal of Brush and Bulky Waste to Waste Management,
Inc., be continued until January 3, 1991. When the motion was put to a vote by
the Mayor, it prevailed unanimously.
There was presented Mayor and Council Communication No. C-12655 from the City
Manager stating that the recommendations contained in Mayor and Council Communication
No. C-12637 were correct as included on the Council Agenda last week; that confusion
arose because the amount being transferred did not total the estimated budget for
repairs/improvements in the amount of $1,535,000.00; that the information missing was
that funds in the amount of $1,220,381.24 already were available in Will Rogers
Memorial Complex Fund GC34, Center No. 025340651000; and recommending that the City
Council correct M&C C-12637 approved as amended on December 6, 1990, by approving the
following actions:
1. authorize the City Manager to enter into a contract with Hahnfeld Associates
Architect/Planners in the amount of $99,550.00 for the design of the repairs and
improvements to the Will Rogers Memorial Center Auditorium as outlined below;
Minutes of City Council Q-3 Page 533
TIPPING
TRANSPORTATION
COSTS
PROPOSER
FEE COSTS
EQUIPMENT
PERSONNEL
TOTAL
Waste Management, Inc.
$486,635
$218,236
$63,737
$768,608
Ecology Concepts, Inc.
$648,846
$107,029
$40,992
$796,867
Clean City, Inc.
$707,832
$129,632
$48,961
$886,425
The Waste Management, Inc. proposal in terms of its proposed pricing and
tipping fee costs is low. Although their proposed site is not the best
location relative to the City's collection routes, the low tipping fee more
than offsets the additional transportation costs that will be incurred.
FISCAL IMPACT
The City is currently paying $1.69 per cubic yard for landfilling brush and
bulky waste - $1.59 per cubic yard tipping fee and $.10 per cubic yard State
surcharge. Based on the volume of brush and bulky waste landfilled in FY
1989/90 and the current $1.69 per cubic yard cost, the total cost of
landfilling is estimated to be $498,431. In terms of the tipping fee costs,
the Waste Management, Inc., proposal is approximately $12,000 less than what
our current landfilling costs are. It is not believed that the projected
transportation costs will be significantly higher than what is currently
being incurred for using the Eastside Landfill.
FINANCING
Sufficient funds are available in Solid Waste Fund PE64 Center No. 0211004
Landfill Operations as it is anticipated that these expenditures are
estimated to run approximately $150,000.00 for FY 90-91. Any expenditure
exceeding $150,000.00 will be available through savings from other disposal
contracts. Expenditures will be made from Account No. 539120.
Council Member Gilley made a motion, seconded by Council Member Chappell,
that consideration of Mayor and Council Communication No. C-12654, Award of
Contract for Processing/Disposal of Brush and Bulky Waste to Waste Management,
Inc., be continued until January 3, 1991. When the motion was put to a vote by
the Mayor, it prevailed unanimously.
There was presented Mayor and Council Communication No. C-12655 from the City
Manager stating that the recommendations contained in Mayor and Council Communication
No. C-12637 were correct as included on the Council Agenda last week; that confusion
arose because the amount being transferred did not total the estimated budget for
repairs/improvements in the amount of $1,535,000.00; that the information missing was
that funds in the amount of $1,220,381.24 already were available in Will Rogers
Memorial Complex Fund GC34, Center No. 025340651000; and recommending that the City
Council correct M&C C-12637 approved as amended on December 6, 1990, by approving the
following actions:
1. authorize the City Manager to enter into a contract with Hahnfeld Associates
Architect/Planners in the amount of $99,550.00 for the design of the repairs and
improvements to the Will Rogers Memorial Center Auditorium as outlined below;
Minutes of City Council Q-3 Page 533
53-1
M&C C-12655 cont.
re contract with
Hahnfeld Associat-
es Architect/Plan-
ners for the
design of the re-
pairs and improve-
ments to Will
Rogers Memorial
Complex Fund
2. authorize a bond fund transfer from Will Rogers Memorial Complex Fund GC34, Center
No. 025340652000, New Exhibit Building, to Will Rogers Memorial Complex Fund GC34,
Center No. 025340651000, Will Rogers Auditorium Repairs, in the amount of
$301,790.58; and
3. authorize a fund transfer from Will Rogers Improvement Fund GC66, Center No.
025660650060, Public Events Improvements, in the amount of $59,900.78, and Center
No. 025660991010, Bond Sale Expense, in the amount of $1,004.22 to Will Rogers
Memorial Complex Fund GC34, Center No. 025340651000, Will Rogers Auditorium
Repairs.
&C C-12655 adopte�On motion of Council Member Chappell, seconded by Council Member McCray, the
recommendations were adopted.
&C FP -2760 re There was presented Mayor and Council Communication No. FP -2760 from the City
ccepted as Manager stating that Western Hills Addition channel improvements (concrete lined
omplete Western channel) have been completed in accordance with plans and specifications under
ills Addition Contract 17811 awarded to Orval Hall Excavating Company on April 3, 1990; and
hannel improve- recommending that the City Council accept Western Hills Addition Channel Improvements
ents to Orval (concrete lined channel) and authorize final payment in the amount of $28,176.75 to
all Excavating Orval Hall Excavating Company, with funds available in Street Improvement Fund GS67,
ompany Retainage Account No. 205072, Center No. 000670288730, Account No. 205000, Center
No. 000670401810 and Contract No. C017811. It was the consensus of the City Council
that the recommendations be adopted.
&C FP -2761 re There was presented Mayor and Council Communication No. FP -2761 from the City
ccepted as com- Manager stating that Danciger Road street improvements from Weiler to Jacqueline have
le to Danciger been completed in accordance with plans and specifications under Contract 17745 awarded
oad street im-rot to Austin Paving Company on February 20, 1990; and recommending that the City Council
rovements from accept as complete Danciger Road street improvements from Weiler to Jacqueline and
eiler to Jacque- authorize final payment in the amount of $2,778.26 to Austin Paving Company, with funds
ine to Austin available in Contract Maintenance Fund GS93, Retainage Account No. 205025, Center
aving Company No. 000930253790. It was the consensus of the City Council that the recommendations be
adopted.
It appearing to the City Council that Resolution No. 1688 was adopted by the City
Council of the City of Fort Worth, Texas, on November 20, 1990, setting today as the
date for hearing in connection with recommended changes and amendments to Zoning
Ordinance No. 3011, and that due notice of the hearing has 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.
r. Joe Bilardi Mr. Joe Bilardi, Director of the Development Department, appeared before the
e Z-90-124 City Council and advised the City Council that, in his opinion, the applicant on Zoning
Docket No. Z-90-124 will not need to replat the property located at 4300-4320 Hemphill
Street and advised the City Council that the recommendation of the City Zoning
Commission is that the site plan be required for the application of Phillips 66 Company
for a change in zoning from "E" Commercial to "PD -SU" Planned Development/Specific Use
permitting all uses in the "E" Commercial district and an automatic car wash, Zoning
Docket No. Z-90-124.
Mayor Bolen advised the City Council that he is disqualified from voting on
Zoning Docket No. Z-90-128 because he has financial interest on the board and
relinquished the chair.
At this time, Mayor Pro tempore Garrison assumed the chair.
Council Member Meadows advised City Council that he is disqualified from voting on
Zoning Docket No. Z-90-128 since he serves as a board member of Summitt National Bank.
Council Member Gilley made ,a motion, seconded by Council Member McCray, that the
application of Summit National Bank for a change in zoning of property located at 1714
West Cooper Street from "D" Multi -family to "E" Commercial, Zoning Docket No. Z-90-128,
be approved. When the motion was put to a vote by Mayor Pro tempore Garrison, it
prevailed by the following vote:
AYES: Mayor Pro tempore Garrison; Council Members Granger, McCray,
Gilley, Webber, and Chappell
NOES: None'
ABSENT: Council Member Zapata
NOT VOTING: Mayor Bolen and Council Member Meadows
At this time, Mayor Bolen assumed the chair.
Council Member Meadows advised the City Council that he is disqualified from
voting on Zoning Docket No. Z-90-130 involving a business relationship of his wife with
Prudential Property.
Minutes of City Council Q-3 Page 534
535
TUESDAY. DECEMBER 11, 1990
Council Member Gilley requested permission of the City Council to abstain from
voting on Zoning Docket No. Z-90-130 as a result of survey services performed for Mr.
Meeker by his firm.
Council Member Granger made a motion, seconded by Council Member McCray, that
Council Member Gilley be permitted to abstain from voting on the application of
Prudential Property for a change in zoning of property located south of Clear Zone
Assess Road and just west of Tarrant/Dallas county line from "A" One -Family to "J"
Light Industrial, Zoning Docket No. Z-90-130. When the motion was put to a vote by the
Mayor, it prevailed unanimously.
There being no one else present desiring to heard in connection with the
recommended changes and amendments to Zoning Ordinance 3011, Mayor Pro tempore Garrison
made a motion, seconded by Council Member Chappell, that the hearing be closed and that
the recommended changes in zoning, be approved, as follows:
-90-074Z-90-074 II HILLWOOD DEVELOPMENT CORPORATION by H. Dennis Hopkins
Haslet -Roanoke Road One mile west of U.S. #377
From Unzoned to "K" Heavy Industrial
-90-123II Z-90-123 ROBY E. SMITH
4332 East Lancaster Avenue
From "E" Commercial to "F -R" Restricted Commercial
Z-90-124 Z-90-124 PHILLIPS 66 COMPANY
4300-4320 Hemphill Street
From "E" Commerical to "PD/SU" Planned Development/Specific Use
permitting all uses in the "E" Commercial District and an automatic
car wash. Waiver of site plan requested.
Z-90-126 RICK JOHNSON
Z-90-126 8383 Highway 80 West
From "E" Commercial to "F -R" Restricted Commercial
Z-90-129 Z-90-129 HILLWOOD DEVELOPMENT CORPORATION by Ed Oram for Carter and Burgess,
Inc.
5350 Basswood Boulevard
From "AR" Residential and "E" Commercial to "C -F" Community
Facilities
Z-90-130 Z-90-130 PRUDENTIAL PROPERTY by Carter & Burgess, Inc.
South of Clear Zone Access Road and just west of the Tarrant/Dallas
County Line
From "A" One -Family to "J" Light Industrial
When the motion was put to a vote by the Mayor, it prevailed by the following vote:
AYES: Mayor Bolen (except on Zoning Docket No. Z-90-128); Mayor Pro
tempore Garrison; Council Members Granger, McCray, Gilley
(except on Zoning Docket No. Z-90-130), Meadows (except on
Zoning Docket Nos. Z-90-128 and Z-90-130), Webber, and Chappell
NOES: None
ABSENT: Council Member Zapata
NOT VOTING: Mayor Bolen and Council Member Meadows on Zoning Docket No.
Z-90-128; Council Members Gilley and Meadows on Zoning Docket No.
Z-90-130.
Introduced an Mayor Pro tempore Garrison introduced an ordinance and made a motion that it be
Ordinance adopted. The motion was seconded by Council Member Chappell. The motion carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen (except on Zoning Docket No. Z-90-128); Mayor Pro
tempore Garrison; Council Members Granger, McCray, Gilley
(except on Zoning Docket No. Z-90-130), Meadows (except on
Zoning Docket Nos. Z-90-128 and Z-90-130), Webber, and Chappell
NOES: None
ABSENT: Council Member Zapata
Minutes of City Council Q-3 Page 535
53G_
TUESDAY, DECEMBER 11, 1990
NOT VOTING: Mayor Bolen and Council Member Meadows on Zoning Docket No.
Z-90-128; Council Members Gilley and Meadows on Zoning Docket No.
Z-90-130.
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10749
10749
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE
NO. 3011, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND
RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND
FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT,
NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE
SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND
LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES
DIVIDING THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND
AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS
AND SHOWING SUCH DISTRICTS AND THE BOUNDARIES THEREOF UPON
"DISTRICT MAPS"; PROVIDING FOR INTERPRETATION, PURPOSE AND
CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENAL CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 6.
That any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement of any of
the provisions of this ordinance shall be fined not more than Two Thousand
Dollars ($2,000.00) for each offense. Each day that a violation is permitted
to exist shall constitute a separate offense.
City Secretary City Secretary Howard advised City Council of the receipt of correspondence from
Howard advised Mr. Jim Schell withdrawing his appeal on the denial of Zoning Docket No. Z-90-131,
correspondence Balcor Property Management, for a change in zoning located at 8901 East Freeway (I.H.
from Mr. Jim 30) from "D" Multi -Family to "PD -SU" Planned Development/Specific Use permitting an
Schell on -premise, detached informational and directional sign advising the public as to the
identification of the apartment complex at the premises and its telephone number, and
providing traffic directions to such premises; with such sign to have a single pole
(center -mount) double -face "V" illuminated sign not exceeding 60 feet in height with a
ground clearance of 42 feet, with each face of such sign not to exceed 14 feet by 48
feet (672 total square feet), with waiver of site plan requested.
Mayor Pro tempore Garrison made a motion, seconded by Council Member Granger, that
the recommendation of the City Commission Zoning for denial of the application of
Balcor Property Management, Inc., for a change in zoning of property located at 8901
East Freeway (I.H. 30) from "D" Multi -Family to "PD -SU" Planned Development/Specific
Use permitting an on -premise detached, informational and directional sign advising the
public as to the identification of the apartment complex at the premises and its
telephone number and providing traffic directions to such premises; with said sign to
be a single pole (center -mount) double -face "V" illuminated sign not exceeding 60 feet
in height with a ground clearance of 42 feet, with the face of each such sign not to
exceed 14 feet by 48 feet (672 total square feet); with waiver of site plan requested,
Zoning Docket No. Z-90-131, be upheld. When the motion was put to a vote by the Mayor,
it prevailed unanimously.
Mr. Joe Bilardi
Mr. Joe Bilardi, Director of the Development Department, appeared before the City
re carports
Council and outlined significant provisions and changes in the proposed draft ordinance
regarding carports by Council Member Meadows.
Mr. Kenneth Meier
Mr. Kenneth Meier, 6555 Greenway Road, appeared before the City Council and
re carports
requested that the City Council give favorable consideration to the ordinance proposed
by Council Member Meadows regulating carports.
Mr. Kenneth R.
Mr. Kenneth R. Hill, 232 Sutton Wood Drive, appeared before the City Council and
Hill re carports
requested that the City Council give favorable consideration to the ordinance proposed
by Council Member Meadows regulating carports.
Mr. E. R. Krojca
Mr. E. R. Krojca, 6909 Kingsley Drive, appeared before the City Council and
re carports
questioned whether or not this carport ordinance would affect him since he received a
permit from the City to build his carport. Mr. Krojca was advised by the City Attorney
Adkins that this carport ordinance would not affect him in any way.
Ms. Terri Ellis Ms. Terri Ellis, 1205 Mistletoe Drive, President-elect for the Historic
re carports Preservation Council, appeared before the City Council and expressed concerns regarding
the impact of illegal carports in the neighborhoods, and advised the City Council that,
in her opinion, the compromise ordinance is acceptable, and expressed support for the
amended carport ordinance.
Minutes of City Council Q-3 Page 536
Mr. William H.
Gates re Z-90-106
Mr. Wil l i am H. Gates, 4128 Baldwin, appeared before
the City Council and requested
Pitts, 5505 Kilpatrick, appeared before
the City Council and requested
that the City Council give favorable consideration to the
ordinance proposed by Council
City Council
give favorable consideration to the
Member Meadows regulating carports.
conform with the regulations contained
Mr.
Rhea Bennett
Z-90-106
Mr. Rhea Bennett, 5209 Lubbock, appeared before
the City Council and requested
re
Wilba
that the City Council give favorable consideration to the
ordinance proposed by Council
re Z-90-106
that the
Member Meadows regulating carports.
ordinance proposed by Council
Ms.
Helen Cranfill
Z-90-106
Ms. Helen Cranfill, 1413 Parson Lane, appeared
before the City Council and
re
requested that the City Council give favorable consideration to the ordinance proposed
�by
Council Member Meadows regulating carports.
Ms. Viola Pitts re
Z-90-106
Ms.
Viola
Pitts, 5505 Kilpatrick, appeared before
the City Council and requested
which was added
that the
City Council
give favorable consideration to the
ordinance proposed by Council
conform with the regulations contained
Member Meadows
regulating carports.
front yard set -backs and front yard building lines if
Ms. Wilba Alaman
Ms.
Wilba
Alaman, 5929 Goodman, appeared before
the City Council and requested
re Z-90-106
that the
City Council give favorable consideration to the
ordinance proposed by Council
Member Meadows
regulating carports.
Council Member Meadows made a motion, seconded by Council Member McCray, that
Zoning Docket No. Z-90-106, Zoning Ordinance Text Amendment by amending a new paragraph
L to Section 17, Legal Non -confirming Uses, Buildings and Structures, to establish
criteria for granting legal non -conforming status to certain carports which were added
to the front of single-family residences before December 11, 1990, but do not conform
with front yard set -backs and front yard building lines; providing certain transitional
and enforcement provisions; and repealing Ordinance No. 10247, No. 10343, No. 10501,
and No. 10641, be approved. When the motion was put to a vote by the Mayor, it
prevailed unanimously.
Introduced an Council Member Meadows introduced an ordinance and made a motion that it be
Ordinance adopted. The motion was seconded by Council Member McCray. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members
Granger, McCray, Gilley, Meadows, Webber, and Chappell
NOES: None
ABSENT: Council Member Zapata
The ordinance, as adopted, is as follows:
Ordinance No. 1O75al ORDINANCE NO. 10750
AN ORDINANCE AMENDING ORDINANCE NO. 3011, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE, CODIFIED AS APPENDIX "A" OF THE
CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY ADDING
A NEW PARAGRAPH L TO SECTION 17, LEGAL NONCONFORMING USES,
BUILDINGS AND STRUCTURES, TO ESTABLISH CRITERIA FOR GRANTING LEGAL
NONCONFORMING STATUS TO CERTAIN CARPORTS WHICH WERE ADDED TO THE
FRONT OF SINGLE-FAMILY RESIDENCES BEFORE DECEMBER 11, 1990, BUT DO
NOT CONFORM WITH FRONT YARD SET -BACKS AND FRONT YARD BUILDING
LINES; PROVIDING CERTAIN TRANSITIONAL AND ENFORCEMENT PROVISIONS:
REPEALING ORDINANCES NO. 10247, NO. 10343, NO. 10501 AND NO. 10641;
PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE;
PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND NAMING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That Ordinance No. 3011, as amended, is hereby amended by adding a new
Paragraph L to Section 17, Legal Nonconforming Uses, Buildings and
Structures, which paragraph shall read as follows:
L.
Notwithstanding
any provisions
in this ordinance to the contrary, any
carport
which was added
to the front
of a single-family residence before
December 11, 1990, and
which does not
conform with the regulations contained
in this
ordinance as to
front yard set -backs and front yard building lines if
one is
shown on the
plat, shall be
deemed legal nonconforming and may
continue
to exist if the
following conditions are met:
1. Before January 1, 1993, the owner of the residence shall file with
the Building Official an application for a carport permit accompanied by
the requisite fee.
Minutes of City Council Q-3 Page 537
Ordinance No. 2. The Building Official shall investigate each application and if the
10750 cont.
application meets the requirements of this paragraph, shall issue a
permit for the carport.
3. To be entitled to a permit and legal non- conforming status under
this paragraph, a carport must comply with the following conditions:
(a) the design of the carport shall be architecturally compatible with
the primary structure on the lot. and in keeping with the character
of the surrounding development;
(b) the carport shall be open on the sides;
(c) the carport shall not encroach into the public right-of-way;
(d) the carport shall be used solely for the temporary parking of not
more than two (2) vehicles and not for any other purpose, including
storage of any type; vehicles shall be limited to automobiles,
pick-up trucks and passenger vans, and shall not include trailers,
boats, recreational vehicles and trailer homes;
(e) the surface under the carport shall be paved and the driveway
leading to the street pavement shall comply with Section 22-160 of
the Fort Worth City Code;
(f) the height of the carport shall not be higher than the lowest eave
line of the residence;
(g) the carport shall comply with the building code; and
(h) the carport shall be subject to the provisions of Section 17,
Paragraph F, which prohibit the restoration of buildings or parts
thereof which are destroyed to the extent of more than seventy-five
percent of their reasonable value by fire, explosion or other
casualty, or act of God, or the public enemy.
4. The Zoning Board of Adjustment shall not have jurisdiction to grant
any variance or exception from the requirements of this paragraph.
5. No non -conforming carport which was added to the front of a
single-family residence before December 11, 1990, shall be deemed legal
non -conforming under this paragraph unless the owner has obtained a
permit as provided in this section.
SECTION 2.
The following transitional and enforcement provisions shall be
applicable to Section 1 hereof:
1. From the effective date of this ordinance until midnight on
December 31, 1992, City officers and employees are prohibited from
taking the following actions with respect to any carport which is
eligible for a permit under Section 1:
(a) Prosecuting citations issued or complaints filed before
December 11, 1990, for violation by the carport of front yard
setback or special building line requirements;
(b) Issuing citations, filing complaints or prosecuting violations of
front yard setback or special building line requirements, or other
Code requirements concerning the installation or location of the
carport.
This subsection is intended to provide owners of eligible carports with
time to apply for permits under Section 1.
2. With respect to a carport which is not eligible for a permit under
Section 1 , the Building Official is authorized to mail or deliver a
written notice of violation to the property owner at any time after the
effective date of this ordinance. Such notice shall state the location
of the carport and the nature of the violation, and shall advise the
property owner that within forty-five days the owner must either remove
the carport or bring it into compliance with the front yard setback
requirements of the Zoning Ordinance and any special building lines. If
the property owner fails to remove the carport or bring it into
compliance within forty-five days, City officers and employees are
authorized to issue citations, file complaints and prosecute such
violations and to take other legal action to require the modification or
removal of the carport.
Minutes of City Council Q-3 Page 538
Ordinance No.
10750 cont.
Council met in
closed or ex-
ecutive session
Reconvened into
regular session
Adjourned
TUESDAY, DECEMBER 11, 1990
SECTION 6.
Any person, firm or corporation who violates, disobeys, omits, neglects
or refuses to comply with or who resists the enforcement of any of the
provisions of this ordinance shall be fined not more than One Thousand
Dollars ($1,000.00) for each offense. Each day that a violation is permitted
to exist shall constitute a separate offense.
SECTION 10.
This ordinance shall be in full force and effect from and after its
passage and publication as required by law, and it is so ordained.
It was the consensus of the City Council that the City Council meet in closed or
executive session for the following purposes:
(a) To receive the advice of its attorneys concerning the following pending or
contemplated litigation or other matters which are protected from public
disclosure by the Code of Professional Responsibility of the State Bar of
Texas:
1. Tarrant County Mayor's Council et al v. City of Fort Worth, Cause No.
236-130173-90;
2. Contemplated litigation concerning bars;
3. Litigation filed by the Attorney General of Kansas concerning constitu-
tionality of the Wright Amendment;
4. Proposed DFW International Airport Facilities Improvement Corporation
American Airlines revenue bonds, Series 1990; as authorized by Section
2(e) of the Act.
(b) To discuss the employment, evaluation and duties of aides to members of the
City Council, as authorized by Section 2(g) of the Act.
The City Council reconvened into regular session.
There being no further business, the meeting was adjourned.
Minutes of City Council Q-3 Page 539