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HomeMy WebLinkAbout1990/12/18-Minutes-City CouncilCouncil Met Members Present Invocation Pledge of Allegiance Minutes of Decembe 11, 1990 approved Certificate of Achievement for Excellence in Financial Reportin Award Canned Food Drive Withdrew M&C Nos. G-8964, G-8975, P-4630, P-4631, an L-10335 from CITY COUNCIL MEETING DECEMBER 18, 1990 On the 18th 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 Louis J. Zapata, Kay Granger, Eugene McCray, Garey W. Gilley, Bill Meadows, Virginia Nell Webber, and David Chappell; City Manager David Ivory; City Attorney Wade Adkins; Assistant City Secretary Gloria Pearson; with more than a quorum present, at which time the following business was transacted: The Reverend Dr. Richard Penna, Genesis United Methodist Church, gave the invocation. The Pledge of Allegiance was recited. On motion of Council Member Zapata, seconded by Council Member Webber, the minutes of the meeting of December 11, 1990, were approved. A Certificate of Achievement for Excellence in Financial Reporting was presented by Debra Forte, President-elect of Government of Finance Officers Association of Texas, to Mr. Judson Bailiff and Mr. Bailiff introduced Mr. Richard Townsend, Acting Chief Accounting Officer and the Accounting Division. Ms. Jodi Eubanks recognized the top departments of the City of Fort Worth contributing to the Canned Food Drive. City Manager Ivory requested that Mayor and Council Communication Nos. G-8964, G-8975, P-4630, P-4631, and L-10335 be withdrawn from the consent agenda. Minutes of City Council Q-3 Page 539 ithdrew M&C, C- Council Member Meadows requested that Mayor and Council Communication No. C-12664 2664 from consent be withdrawn from the consent agenda. There was presented Policy Proposal No. CP -157 submitted by Council Members genda Code of Ethics Chappell and Granger stating that Ordinance No. 10739 was adopted on December 6, 1990, ithdrew M&C C- Mayor Pro tempore Garrison requested that Mayor and Council Communication No. 2666 from consent C-12666 be withdrawn from the consent agenda. City board or commission shall knowingly represent, directly or indirectly, any person, genda group, or business entity; (1) before the City Council or the board of which he or she ithdrew M&C Nos. Council Member McCray requested that Mayor and Council Communication Nos. G-8960 -8960, G-8969 and G-8969 be withdrawn from the consent agenda. commission members who occasionally represent organizations before the City Council on rom consent agenda matters of public concern; that this problem could be resolved by adopting an ordinance ithdrew M&C No. Council Member Webber requested that Mayor and Council Communication No. G-8970 be -8970 from withdrawn from the consent agenda. business entities before City Council only if such representation was done for onsent agenda compensation and other appearances before the City Council would be permitted; and ithdrew M&C No. Council Member Zapata requested that Mayor and Council Communication No. P-4636 -4636 from be withdrawn from the consent agenda. Conduct," of the Code of the City of Fort Worth. On motion of Council Member Chappell, onsent agenda seconded by Council Member Zapata, the recommendation was adopted. ithdrawn from City Manager Ivory requested that Mayor and Council Communication No. L-10335 be genda M&C L-10335 withdrawn from the agenda. onsent agenda On motion of Mayor Pro tempore Garrison, seconded by Council Member Zapata, the pproved as amended consent agenda, as amended, was approved. ominated Jesse Mayor Bolen nominated Jesse Herrera and Molly Hilliard for membership on the errera and Molly Housing Authority of the City of Fort Worth and made a motion, seconded by Council illiard on the Member Zapata,• that Jesse Herrera and Molly Hilliard be reappointed to the Housing ousing Authority Authority of the City of Fort Worth for a term of office expiring January 31, 1993. f the City of Fort When the motion was put to a vote by the Mayor, it prevailed unanimously. orth omina to d Robyn Council Gilley nominated Robyn Manning for membership on the Youth Commission and anning on the made a motion, seconded by Council Member McCray, that Robyn Manning be appointed to outh Commission the Youth Commission.- When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Zapata advised City Council that he will be attending a committee round table meeting on January 3, 1991. AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: rdi nance No. 1075 ORDINANCE NO. 10751 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE VII, "CODE OF ETHICS", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY CHANGING SECTION 2-238, "STANDARDS OF CONDUCT", TO PROVIDE REGULATIONS CONCERNING THE REPRESENTATION OF PERSONS, GROUPS OR BUSINESS ENTITIES BEFORE THE CITY COUNCIL, CITY DEPARTMENTS, AGENCIES, BOARDS AND COMMISSIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Chapter 2, Article VII, "Code of Ethics", of the Code of the City of Fort Worth, Texas (1986), as amended, be and is hereby further amended by changing subsection c) in Section 2-238, "Standards of Conduct", to read as follows: Minutes of City Council Q-3 Page 540 Policy Proposal No. CP -157 re There was presented Policy Proposal No. CP -157 submitted by Council Members Code of Ethics Chappell and Granger stating that Ordinance No. 10739 was adopted on December 6, 1990, amending Section 2-238 of the Fort Worth City Code which stated that no member of a City board or commission shall knowingly represent, directly or indirectly, any person, group, or business entity; (1) before the City Council or the board of which he or she is a member; ...; that City Council members have received calls from board and commission members who occasionally represent organizations before the City Council on matters of public concern; that this problem could be resolved by adopting an ordinance prohibiting members of boards or commissions from representing persons, groups, or business entities before City Council only if such representation was done for compensation and other appearances before the City Council would be permitted; and recommending that an ordinance be adopted amending Section 2-238c, "Standards of Conduct," of the Code of the City of Fort Worth. On motion of Council Member Chappell, seconded by Council Member Zapata, the recommendation was adopted. Introduced an Council Member Chappell introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Zapata. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: rdi nance No. 1075 ORDINANCE NO. 10751 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE VII, "CODE OF ETHICS", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY CHANGING SECTION 2-238, "STANDARDS OF CONDUCT", TO PROVIDE REGULATIONS CONCERNING THE REPRESENTATION OF PERSONS, GROUPS OR BUSINESS ENTITIES BEFORE THE CITY COUNCIL, CITY DEPARTMENTS, AGENCIES, BOARDS AND COMMISSIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Chapter 2, Article VII, "Code of Ethics", of the Code of the City of Fort Worth, Texas (1986), as amended, be and is hereby further amended by changing subsection c) in Section 2-238, "Standards of Conduct", to read as follows: Minutes of City Council Q-3 Page 540 5.11 Ordinance No. 10751 cont. "c) No member of a City board or commission shall knowingly represent, directly or indirectly, any person, group or business entity: 1) before the City Council, for compensation; or 2) before the board or commission of which he or she is a member; or 3) before a board or commission which has appellate jurisdiction over the board or commission of which he or she is a member; or 4) in any action or proceeding against the interests of the City or in any litigation in which the City or any department, agency, board or commission thereof is a party; or 5) in any action or proceeding in the municipal courts of the City which was instituted by a City officer or employee in the course of official duties, or a criminal proceeding in which any City officer or employee is a material witness for the prosecution." SECTION V. This ordinance shall take effect and be in full force and effect from and after its passage, and it is so ordained. Council Member Zapata made a motion, seconded by Council Member Webber, 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 removed from the table at this time for consideration. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced a Council Member Zapata introduced a resolution and made a motion that it be adopted. Resolution The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: Resolution No. CITY OF FORT WORTH RESOLUTION NO. 1695 1695 RESOLUTION APPROVING THE ISSUANCE AND SALE OF DALLAS -FORT WORTH INTERNATIONAL AIRPORT FACILITY IMPROVEMENT CORPORATION AMERICAN AIRLINES, INC. REVENUE BONDS, SERIES 1990, AND APPROVING DOCUMENTS RELATED THERETO WHEREAS, with the approval of the Cities of Dallas and Fort Worth (the "Cities"), the Dallas -Fort Worth International Airport Facility Improvement Corporation (the "Corporation") was duly incorporated and is a validly existing Texas non-profit corporation pursuant to Section (f) of the Municipal Airport Acts, Article 46d-14, Vernon's Annotated Texas Civil Statutes, as amended; and WHEREAS, the Corporation, proposes to issue and sell its "Dallas -Fort Worth International Airport Facility Improvement Corporation American Airlines, Inc. Revenue Bonds, Services 1990" (the "Bonds") in an aggregate principal amount not exceeding $400,000,000, having a maximum final maturity not exceeding 35 years and having an interest rate not exceeding 9.00% per annum; and WHEREAS, notice of a public hearing on the Project (as defined in the Facilities Agreement attached hereto), as required by Section 147 of the Internal Revenue Code of 1986, as amended (the "Code"), will be published in a newspaper of general circulation in the City at least 14 days prior to such public hearing; and Minutes of City Council Q-3 Page 541 Resolution No. 1695 cont. WHEREAS, the Articles of Incorporation require the approval of the Cities prior to the consummation of the sale and delivery of any bonds, notes, or other form of debt instruments by the Corporation, which approval must include all agreements, and the specific uses, and the methods of withdrawal and expenditure, of the proceeds of such obligations proposed to be issued by the Corporation, all of which are to be stated and described in the proceedings approving such obligations; and WHEREAS, it is the desire of the City Councils of the respective Cities to approve the issuance and sale of the Bonds and to approve the "Facilities Agreement," the "Trust Indenture," the "Guaranty Agreement," and the "Bond Purchase Agreement" (collectively, the "Agreements"), which Agreements set forth the specific uses, and the methods of withdrawal and expenditure, with respect to the proceeds of such Bonds; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS THAT: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH THAT: Section 1. The "Facilities Agreement," the "Trust Indenture," the "Guaranty Agreement," and the "Bond Purchase Agreement," all in the form and substance submitted herewith, are hereby approved, in full compliance with the Corporation's Articles of Incorporation, and the Bonds in the principal amount not exceeding $400,000,000, finally maturing in not more than 35 years and having a interest rate not exceeding 9.00% per annum, may be issued for the purpose of paying the cost of acquiring and constructing or causing to be acquired and constructed the "Projects" as defined and described therein; and said Projects are hereby approved. The Corporation is hereby authorized to approve any changes to such documents that do not result in any material alteration of the terms thereof and do not in any manner change the specific uses, or methods of withdrawal or expenditure, of the proceeds of such Bonds. Any such amendments or modifications must be provided prior to the execution thereof to the office of each City Attorney. Section 2. The City Councils of the respective Cities hereby appoint Richard S. Williams to be the designated Hearing Officer for a public hearing relating to the Bonds to be held by the Corporation for purposes of satisfying the requirements of Section 147 of the Code, as amended. Section 3. The City Councils of the respective Cities hereby authorize and approve the issuance of the aforesaid Bonds in the principal amount not to exceed $400,000,000 and such approval shall be solely for the purposes of Section 147 of the Code, as amended, and shall have no liabilities for the payment of the Bonds nor shall any of its assets be pledged to the payment of the Bonds. Additionally, the City Councils of the respective Cities hereby authorize each of their respective Mayors to approve the issuance of the Bonds and the use of the proceeds thereof for the purpose of satisfying the requirements of Section 147 of the Code, as amended. CS -219 Liability There was presented Mayor and Council Communication No. OCS-219 from the City onds Secretary recommending that the acceptance of liability bonds be authorized and that bonds being cancelled remain in full force and effect for all work performed prior to date of cancellation, as follows: NEW BONDS PARKWAY CONTRACTOR'S BOND INSURANCE COMPANY Juan Gutierrez dba General Concrete Lawyers Surety Corporation CANCELLATIONS PARKWAY CONTRACTOR'S BOND CANCELLATION DATE INSURANCE COMPANY B.C.I., Inc. January 2, 1991 Lawyers Surety Corporation L & R Concrete January 3, 1991 Eagle Insurance Company OC S-219 adopted It was the consensus of the City Council that the recommendation be adopted. OCS-220 Claims There was presented Mayor and Council Communication No. OCS-220 from the City Secretary recommending that notices of claims for alleged damages and/or injuries be referred to the Risk Management Department, as follows: ary E1 i zabethII 1. Claimant: anders Date Received: Mary Elizabeth Sanders December 5, 1990 Minutes of City Council Q-3 Page 542 S g3 ary Elizabeth Date of Incident: Undeclared anders claim cont. Location of Incident: 5101 Airport Freeway on 121 Access Road Estimate of Damages/ Injuries: $4,006.42 - $4,701.64 Nature of Incident: Claimant alleges damages as result of vehicular accident i l l i am Stanley 2. Claimant: William Stanley Bowman owma n Date Received: December 10, 1990 Date of Incident: November 20, 1990 Location of Incident: 4600 Stadium Drive Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages as the result of accident involving a City -owned vehicle (garbage truck) ill Grable 3. Claimant: Bill Grable Date Received: December 10, 1990 Date of Incident: Undeclared Location of Incident: 6463 Floyd Drive Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages to curb as result of water main breaks alue City Auto 4. Claimant: Value City Auto Sales (H. D. Gibson) ales (H.D. Gibson) Date Recei ved : December 10, 1990 Date of Incident: November 28, 1990 Location of Incident: Police Pound Auction Estimate of Damages/ Injuries: $1,100.00 Nature of Incident: Claimant alleges damages sustained as the result of purchasing a stolen vehicle at a City auto auction ames Dougias Tracy 5. Claimant: James Douglas Tracy Date Received: December 11, 1990 Date of Incident: November 17, 1990 Location of Incident: 5000 Camp Bowie Boulevard Estimate of Damages/ Injuries: $152.87 Nature of Incident: Claimant alleges damages to vehicle as result of vehicle hitting a "pot hole" i ty of Hurst, Texas 6. Claimant: City of Hurst, Texas Date Received: December 11, 1990 Date of Incident: October 23, 1990 Location of Incident: 2300 Loop 820 at Meadowbrook Estimate of Damages/ Injuries: $598.38 Nature of Incident: Claimant alleges damages sustained as result of accident involving a City -owned vehicle (police) ridgette Elaine 7. Claimant: Bridgette Elaine Ross oss Date Received: December 11, 1990 Date of Incident: November 17, 1990 Location of Incident: 2021 West Seminary Estimate of Damages/ Injuries: $208.79 - $252.57 Nature of Incident: Claimant alleges damages sustained as a result of vehicle hitting a "pot" in the street 8. Claimant: Ivan Del Valle van Del, Valle Date Received: December 11, 1990 Date of Incident: December 7, 1990 Location of Incident: Police Auto Pound Estimate of Damages/ Injuries: $1,000.00 - $2,000.00 Nature of Incident: Claimant alleges damages as the result of purchasing a stolen vehicle at Police Auto Pound Auction L. Okerlund 9. Claimant: E. L. Okerlund Date Received: December 11, 1990 Date of Incident: August 20-21-22-23-24, 1990 Location of Incident: 2108 Cardinal Lane Estimate of Damages/ Injuries: $10,615.96 Nature of Incident: Claimant alleges damages as result of removal of plants and trees for repair to sewer Minutes of City Council Q-3 Page 543 5' 1 Larry and Beverly Ervin 10. Claimant: Larry and Beverly Ervin Date Received: December 11, 1990 Date of Incident: Undeclared Location of Incident: 3713 Parkcrest Court Estimate of Damages/ Injuries: $654.79 - $975.00 Nature of Incident: Claimant alleges damages sustained as the result of an accident involving a City -owned vehicle (trash truck) OC S-22 0 adopted It was the consensus of the City Council that the recommendation be adopted. OCS-222 Resolution There was presented Mayor and Council Communication No. OCS-222 from the City Secretary recommending that a resolution be adopted cancelling or rescheduling City Council meetings of January 8, 1991, and January 15, 1991. On motion of Council Member Gilley, seconded by Council Member Granger, the meeting of January 8, 1991, was rescheduled to January 10, 1991, at 10:00 a.m. and the meeting of January 15, 1991, was unchanged. Introduced a Council Member Gilley introduced'a resolution and made a motion that it be adopted. Resolution The motion was seconded by Council Member Granger. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1696 1696 WHEREAS, the City Council of the City of Fort Worth, Texas, regularly meets in session on Tuesday of each week at 10:00 a.m. except for the meeting on the first Tuesday of the month which is held at 7:00 p.m., in accordance with Section 3.1 of the City Council Rules of Procedures; and, WHEREAS, Chapter III, Section 5 of the City Charter states that the City Council shall meet at such time and place as may be prescribed by ordinance or resolution, but not less than 48 regular meetings shall be held each calendar year with not less than three regular meetings held each month and not more than one regular meeting held each week; and WHEREAS, the City Council of the City of Fort Worth, Texas, normally would meet at 10:00 a.m. on Tuesday, January 8, 1991, and at 10:00 a.m. on Tuesday, January 15, 1991; and, WHEREAS, a majority of the members of the City Council may desire to attend the opening ceremonies of the 72nd Session of the Texas Legislature and the swearing in of Speaker Gibson D. Lewis on January 8, 1991, and/or the 1991 inaugural festivities on January 15, 1991, in Austin, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That the City Council meeting of Tuesday, January 8, 1991, at 10:00 a.m., be rescheduled for January 10, 1991, at 10:00 a.m. OCS-221 Resolution There was presented Mayor and Council Communication No. OCS-221 from the City Secretary recommending that a resolution be adopted setting the regular zoning hearing for January 15, 1991. It was the consensus of the City Council that the recommendation be adopted. Introduced a Council Member Gilley introduced a resolution and made a motion that it be adopted. Resolution The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: None Minutes of City Council Q-3 Page 544 5=A-5 The resolution, as adopted, is as follows: Resolution No.169411 RESOLUTION NO. 1694 A RESOLUTION PROVIDING FOR A PUBLIC HEARING TO BE HELD IN THE CITY COUNCIL CHAMBERS AT THE MUNICIPAL BUILDING IN THE CITY OF FORT WORTH, TEXAS, ON JANUARY 15, 1991 AT 10:00 A.M., FOR THE PURPOSE OF CONSIDERING THE PROPOSED CHANGES AND AMENDMENTS TO ORDINANCE NO. 3011, AS AMENDED, WHICH IS THE COMPREHENSIVE ZONING ORDINANCE OF SAID CITY, AND PROVIDING THAT SAID HEARING MAY CONTINUE FROM DAY TO DAY UNTIL EVERY INTERESTED PARTY AND CITIZEN HAS HAD A FULL OPPORTUNITY TO BE HEARD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That at 10:00 O'clock A.M., Tuesday, January 15, 1991 the City Council of the City of Fort Worth, which is the legislative body of said City, will hold a public hearing in the Council Chambers at the Municipal Building for the purpose of considering changes and amendments to Ordinance No. 3011, as amended, the Comprehensive Zoning Ordinance of said City. The purpose of said hearing is to determine whether or not said Ordinance No. 3011, as amended, should be amended so that the zoning classification of the following areas shall be changed as hereinafter described. Z-90-122 Being a tract of land, out of the E.P. Parris Survey, Tarrant County, Texas conveyed from Arthur G. Stacks et al to Mrs. Minnie Bledsoe and husband, James C. Bledsoe, Sr., as recorded in Volume 1625, Page 370, D.R.T.C.T. and being more particularly described by metes and bounds as follows: BEGINNING at a point in the East line of said survey 740 feet North of the Southeast Corner of said Survey and being the Northeast Corner of T.R. Maxey 59 1/4 acre tract; THENCE North 125 feet to the Southeast Corner of Adam Harder 10 1/2 acre tract; THENCE West with the south fence line of said Harder tract 150 feet to an iron pin in the East line of the Parker Henderson Road; THENCE South 125 feet to the Northwest Corner of said Maxey tract; THENCE East 150 feet to the POINT OF BEGINNING containing 18,750 sq. ft., more or less. (5525 Parker Henderson Road) Recommended from "B" Two -Family to "F -R" Restricted Commercial. Z-90-127 Lot 26, Block L, Arlington Heights West Addition, #II (4700 Old Benbrook Road) Recommended from "CR" Multi -Family Residential to "PD/SU" Planned Development/Specific Use for a Day Care Facility. Waiver of Site Plan recommended. Z-90-135 Lots 57-60 & 62, Dissell Tract Addition t (1617-1639 Worth Street [1650 West Rosedale Street]) Recommended from "D" Multi -Family and "C -F" Community Facilities to "G" Commercial Z-90-137 Lot C, Block 37, Jennings Addition (1120 Penn Street) Recommended from "E -R" Restricted Commercial to "E-R/HC" Restricted Commercial/Historic and Cultural Subdistrict Z-90-138 BEING a part of a certain twenty-five (25) acres out of the J.W. Sublett Survey, which said tract is described in that certain deed from A.S. Hall, et al, to Polytechnic College of the Methodist Episcopal Church, South, of January 12, 1891, recorded in Volume 73, at page 547, D.R.T.C.T., the portion thereof being more particularly described by metes and bounds as follows: BEGINNING at a "T" cut in concrete walk for corner, same being 16 feet north and 60 feet west from the southwest corner of Block 17, and 76 feet north of the northeast corner of Block 27, in Polytechnic Heights Addition to the City of Fort Worth, Texas; Minutes of City Council Q-3 Page 545 TUESDAY, DECEMBER 18, 1990 THENCE north 265 feet for a corner; THENCE west 165 feet for a Resolution No. 169 corner; THENCE south 265 feet for a corner; THENCE east 165 feet cont. to the Place of Beginning; (1310 South Collard Street) Recommended from "CSF" Community Facilities to "C-F/HC" Community Facilities/Historic and Cultural Subdistrict Z-90-139 Lots 1-3, 8 & 10, Block 3, Bell Industrial District Addition (3500 Block of Raider Drive) Recommended from "AG" Agricultural to "K" Heavy Industrial That the proposed amendments and changes at this hearing will be considered in accordance with the provisions of Chapter 211 of the Texas Local Govern- ment Code. BE IT FURTHER RESOLVED that this Resolution, when published in the official newspaper of the City of Fort Worth, which is a paper of general circulation, one (1) time, shall constitute a notice of hearing, which publication shall be made at least fifteen (15) days prior to such hearing, and all interested parties are urgently requested to be in the Council Chambers at the Municipal Building at the time hereinabove set forth to make any protest or suggestion that may occur to them, and this hearing may continue from day to day until every interested party and citizen has had a full opportunity to be heard. M&C G-8960 re There was presented Mayor and Council Communication No. G-8960 from the City improvements to Manager stating that the 1986 Capital Improvement Program approved in March, 1986, Martin Avenue from included funds for the improvement of Martin Avenue from Trentman Street to Tahoe Trentman Street to Street by constructing a standard concrete paving section with standard curb on a Tahoe Street - stabilized subgrade; stating that, in accordance with provisions of Article 1105B of setting the benefi ^ Vernon's Annotated Civil Statutes, it is proposed that the City Council declare the hearing date necessity for the project, approve the estimates of cost, conduct a public hearing, and M&C G-8961 re levy assessments for the projects; stating that financing for this project will be Revisions,in the established at the time of the contract award; and recommending that the City Council Code Book for declare the necessity for and order the improvements to Martin Avenue from Trentman certain water and Street to Tahoe Street; authorize the assessment of a portion of the cost of sanitary charges improvements to Martin Avenue against the owner's of the abutting property; approve the estimate of cost to be assessed as stated in the Engineer's estimate; establish January 15, 1991, as the date for the benefit hearing; and 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. Mr. Gary Santerre Mr. Gary Santerre, Director of the Transportation and Public Works Departments, re M&C G-8960 appeared before the City Council and informed the City Council that there is a differentiation in the credits granted due to a special enhancement that already exists before the assessment paving takes place. Council Member McCray made a motion, seconded by Council Member Zapata, that the recommendations, as contained in Mayor and Council Communication No. G-8960, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-8961 re There was presented Mayor and Council Communication No. G-8961 from the City Revisions,in the Manager stating that, pursuant to Chapter 395, Texas Local Government Code, the use of Code Book for extension charges for extensions installed by Field Operations has been eliminated by certain water and the new Water and Wastewater Extension Policy adopted on October 1, 1990; proposing sanitary charges decreases in front foot charges for water service connections and increasing front foot charges for sanitary sewer service connections; describing the computation of proposed changes; and recommending that an ordinance be adopted, effective January 1, 1991, amending Section 35-58 of Chapter 35 of the Code of the City of Fort Worth decreasing front foot charges for water service connections from $10.40 per front foot to $9.50 per front foot and increasing front foot charges for sanitary sewer service connections from $9.75 per front foot to $10.30 per front foot and amending the water and sanitary sewer installation policy to incorporate these front foot charges, such charges to become effective January 1, 1991, and to be incorporated into all developer projects on which bids have not been received by that date, and all extension projects not authorized for construction by that date. It was the consensus of the City Council that the recommendation be adopted. 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 Zapata. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: None Minutes of City Council Q-3 Page 546 J t7 TUESDAY, DECEMBER 18, 1990 M&C G-8963 re There was presented Mayor and Council Communication No. G-8963 from the City The ordinance, as adopted, is as follows: Manager stating that the rental assistance program, known as "Operation I Will", Ordinance No. ORDINANCE NO. 10752 ditures for the 10752 educational assist mutually agreed upon case plan or contract which outlines personal goals and ance program com- AN ORDINANCE AMENDING SECTIONS 35-58, OF CHAPTER 35 OF THE CODE OF ponent for the that the Education Assistance Program of the Rental Program provides financial THE CITY OF FORT WORTH (1986), AS AMENDED, BY REVISING CERTAIN assistance to participants who wish to increase educational and work opportunities by Program WATER CHARGES; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCE; and guidelines; and recommending that the City Manager be authorized to implement and REPEALING ALL ORDINANCES AND PROVISIONS OF THE CODE OF THE CITY OF expend funds with the Educational Assistance Program component of the Rental Assistance FORT WORTH IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; Department for the period of January 1, 1991, through October 31, 1991, and that the PROVIDING A SEVERABILITY CLAUSE; PROVIDING ENGROSSMENT AND transfer of up to $30,000 from Grant Fund GR76, Center No. 005206086220, Rental ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. M&C G-8962 re recommendations be adopted. transfer of There was presented Mayor and Council Communication No. G-8962 from the City Aviation Improve- Manager stating that expenditure of funds from the Aviation Improvements Capital men is Capital ? Project Fund GC24, Project No. 02024038130, Page Avjet Site Improvements, at Meacham Project Fund 1.o Field in May of 1990; that the project has been completed and payments totalling $338,469.40 have been dispersed from this account; and recommending that the transfer of $329,656.25 be authorized from General Fund GGO1, Center No. 0906601, Non -Depart- mental Contract Administration, to Aviation Improvements Capital Project Fund GC24, Project 020240438130, Page Avjet Site Improvements, and the transfer of $8,813.15 be authorized from the fund balance in Airports Debt Service Fund PE41 to Aviation Improvements Capital Project Fund, GC24, Center No. 020240438130, Page Avjet Site Improvements. It was the consensus of the City Council that the recommendation be adopted. M&C G-8963 re There was presented Mayor and Council Communication No. G-8963 from the City authorized implem- Manager stating that the rental assistance program, known as "Operation I Will", e n to tion and a xpe n provides rent subsidies for qualified tenants residing at Regalridge Square Apartments ditures for the to assist the client (participant) to move toward self-sufficiency by developing a educational assist mutually agreed upon case plan or contract which outlines personal goals and ance program com- objectives, career plans and will provide referrals and follow-up for support services; ponent for the that the Education Assistance Program of the Rental Program provides financial Rental Assistance assistance to participants who wish to increase educational and work opportunities by Program completing GED, college, and technical training courses; describing the program cost and guidelines; and recommending that the City Manager be authorized to implement and expend funds with the Educational Assistance Program component of the Rental Assistance Program through the Human Services Division of the Housing and Human Services Department for the period of January 1, 1991, through October 31, 1991, and that the transfer of up to $30,000 from Grant Fund GR76, Center No. 005206086220, Rental Assistance Program, to Grant Fund GR76, a new Center No. 005206086250, Educational Assistance Program, be authorized. It was the consensus of the City Council that the recommendations be adopted. M&C G-8964 re There was presented Mayor and Council Communication No. G-8964 from the City approved applica- Manager stating that Phil Bordeleau has made application for partial tax exemption tion for partial eligibility for his property at 1909 Alston in the historic/cultural subdistrict; that exemption eligibil Mr. Bordeleau has complied with all of the requirements of the Historic and Cultural ity of property Landmark Commission; and recommending that the application for partial tax exemption located at 1909 eligibility for property located at 1909 Alston for property owned by Phil Bordeleau be Alston approved. City Manager Ivory advised City Council of an amendment to be made to Mayor and Council Communication No. G-8964 correcting the current cost amount under discussion to read $13,040.47 instead of $8,770.50. Council Member Gilley made a motion, seconded by Council Member Zapata, that the recommendation, as contained in Mayor and Council Communication No. G-8964, be adopted, as amended. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-8965 re There was presented Mayor and Council Communication No. G-8965 from the City approved settlement Manager recommending that the City Council approve the settlement of the claim filed claim filed by by Joe D. Jimeson for injuries allegedly received on January 17, 1989, at 4900 Camp Joe D. Jimeson Bowie Boulevard when he allegedly was involved in a collision with a City vehicle and authorize the City Manager to expend the sum of $6,000.00 for the settlement agreed to by Mr. Jimeson, his attorney, and the City, with funds available in Insurance Fund FE71, Center No. 0157110, Claims Payments/Settlements, Account No. 534030. It was the consensus of the City Council that the recommendation be adopted. M&C G-8966 re There was presented Mayor and Council Communication No. G-8966 from the City approved settlement Manager recommending that the City Council approve the settlement of the claim filed claim filed by by Maria Chavez for personal injuries allegedly sustained on April 20, 1989, at 4400 Maria Chavez East Loop 820 South as a result of allegedly being struck by a City vehicle and authorize the City Manager to expend the sum of $32,500.00 for the settlement agreed to by Ms. Chavez, her attorney, and the City of Fort Worth, with funds available in Insurance Fund FE71, Center No. 0157110, Claims Payments/Settlements, Account No. 534030. It was the consensus of the City Council that the recommendation be adopted. M&C G-8967 re There was presented Mayor and Council Communication No. G-8967 from the City disposal of public Manager, as follows: records belonging to the Police and Risk Management Departments Minutes of City Council Q-3 Page 547 M&C G-8967 cont. Disposal of publi records in the Police and Risk Management Departments SUBJECT: DISPOSAL OF PUBLIC RECORDS IN THE POLICE AND RISK MANAGEMENT DEPARTMENTS RECOMMENDATION: It is recommended that the City Council approve the disposal of public records listed by the departments below. Records Title Dates Volume POLICE Alarm Permit Records (Expired Permits) 1984-1988 12.6 cu. ft. Alarm Permit Records (Deleted Permits) 1984-1988 RISK MANAGEMENT Insurance Claim Files/Liability Claims 01-01-82 6.0 cu. ft. (exclusive of police report, Notice of to 12-31-85 Claim, and Release) II DISCUSSION: The records listed above have been targeted for disposition. Procedures for disposal of public records outlined in City of Fort Worth Administrative Regulation 1-30 were followed. Requests to dispose of the records were reviewed and approved by the Police, Law, Internal Audit, Risk Management departments, and the Office of Management Services prior to submission to the Texas State Library. Approval was granted by the State Librarian to dispose of the records listed above. M&C G-8967 adopteland It was the consensus of the City Council that the recommendation, as contained in Mayor Council Communication No. G-8967, be adopted. M&C G-8968 re There was presented Mayor and Council Communication No. G-8968 from the City paving assessment Manager presenting background information on previous paving assessment rates charged rates charged to to residential property owners and recommending: residential property owners 1. that the front foot assessment rate for concrete curb and gutter and H.M.A.C. pavement (including 7 percent engineering) and for superimposed concrete curb and concrete *'pavement (including 7 percent engineering) as pertains to Paragraph 1. (b) (1), Section VI, of the Development Policy, approved by the City Council on January 7, 1986, and amended on November 6, 1990, be established not to exceed: a. Concrete Curb and Gutter ............... $ 7.42/L.F. 6" H.M.A.C. Pavement on 8" Lime Stabilized Subgrade .................... 15.85/L.F. Total Per Front Foot $23.27/L.F. b. Superimposed Concrete Curb ............. $ 1.95/L.F. 5" Concrete Pavement on 6" Lime Stabilized Subgrade............. 21.72/L.F. Total Per Front Foot $23.67/L.F. 112. that these rates shall apply to all projects on which valid petitions are received between January 2, 1991, and January 1, 1992. M&C G-8968 adopted1l It was the consensus of the City Council that the recommendation be adopted. M&C G-8969 re There was presented Mayor and Council Communication No. G-8969 from the City adopted the Manager stating the the Citizen's Advisory Committee was appointed on December 5, 1989, Citizens' Advisory for reviewing the Water and Wastewater Land Use Assumptions and Capital Improvements Committee's semi- Plan and filing written comments with the City Council; that the Citizen's Advisory annuai report Committee has an ongoing responsibility of conducting semi-annual reviews of the Water concerning the and Wastewater Capital Improvements Plan and reporting to City Council any inequities status of the Wa to in implementing or imposing impact fees; that the Citizen's Advisory Committee met on and Wastewater December 6, 1990, to review the status of impact fees and voted to adopt the impact fees semi-annual progress report; and recommending that the Citizen's Advisory Committee semi-annual progress report concerning the status of the water and wastewater capital impact fees be adopted. Council Member McCray made a motion, seconded by Council Member Gilley, that the recommendation, as contained in Mayor and Council Communication No. G-8969, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. (NOTE: The semi-annual progress report of the Waste and Wastewater Capital Improvement Plan dated December, 1990, is attached to Mayor and Council Communication No. G-8969 and contained in the Council proceedings files of this state and is incorporated herein by reference thereto.) Minutes of City Council Q-3 Page 548 TUESDAY, DECEMBER 18, 1990 M&C G-8970 re There was presented Mayor and Council Communication No. G-8970 from the City CIP Projects Manager, as follows: General Obligation Bonds, Series 1990 SUBJECT: CIP PROJECT APPROPRIATIONS FOR $23,950,000 GENERAL OBLIGATION BONDS, SERIES 1990 RECOMMENDATION: It is recommended that the City Council appropriate $23,950,000 for CIP projects as follows: TRANSPORTATION AND PUBLIC WORKS Crestline Road $ 2,435,500 Meacham Blvd. 4,382,000 US 80 3,500 *Inner City Streets 10,101,000 Engineering 4,248,000 Engineering 730,000 Sub -Total $21,900,000 LIBRARY East Regional Library $ 250,000 Sub -Total $ 250,000 PARK AND RECREATION New Community Parks $ 468,500 Sycamore Golf Course 500,000 Developing Areas 176,500 Trinity East Greenbelt 100,000 Mid -South Recreation Center 555,000 Sub -Total $ 11800,000 TOTAL $23,950,000 *per attached list DISCUSSION: The City Council authorized the sale of $23,950,000 General Purpose Bonds on October 23, 1990 (M&C G -8875)t The General Purpose Bonds were sold on December 6, 1990 (M&C G-8941), to Kidder, Peabody and Company, at an average effective interest rate of 6.566745%. These projects were considered by Council on IR 7496 to receive appropria- tions from the $23,950,000 GO Bond Sale. INNER CITY STREET PROJECTS SCHEDULED FROM 1990 BOND SALE Gould Avenue 30th to 32nd CD 2 110,667 Hale Avenue Moore to Irion CD 2 105,000 N. Nichols St. Long to 38th CD 2 186,733 Terminal Road Weber to Deen CD 2 667,000 Chestnut Avenue 21st to 22nd CD 2 45,240 32nd Street Refugio to N. Main CD 2 135,067 Moore Avenue Irion to 800 ft S. CD 2 100,000 Trail Lake Dr. Woodway to Wedgmont CD 3 390,000 Bird Street Sylvania -Riverside CD 4 162,000 Ayers Street Rosedale -Crenshaw CD 5 291,533 E. Berry St (1) Vaughn to Crouch CD 5 256,000 Hardeman Street Edgewood-MLK Fwy. CD 5 551,000 Wesleyan Drive Rosedale to Ave. J CD 5 96,567 Rosedale Sidewalk Thrall -Vaughn CD 5 115,000 Martin Street Miller to Tahoe CD 5 315,000 Rickenbacker Place Lucas to Carverly CD 5 181,000 Rickenbacker Stalcup to Farrell CD 5 97,000 Rickenbacker Lucas to Cravens CD 5 71,700 Bunche Maceo to Eisenhower CD 5 100,000 Avenue J Beach to Vaughn CD 5 229,267 Anderson Street Farrell to Stalcup CD 5 132,000 Forbes Street Miller to Donalee CD 5 177,000 Valera Court North Old Hemphill -Dead-end CD 6 40,000 Bourine Street Goodman to Curzon CD 7 198,533 Micki Lynn Kilpatrick -W. Vickery CD 7 194,000 Bourine Street Goodman to Blackmore CD 7 76,000 Blackmore Avenue Neville to Prevost CD 7 175,000 Bonnell Avenue Merrick to Guilford CD 7 450,000 Bryce Avenue Western to Tremont CD 7 168,000 Minutes of City Council Q-3 Page 549 N 5J M&C G-8970 cont. May Street Kellis to Felix CD 8 289,000 re CIP Projects Mississippi Avenue Baltimore -Glen Garden CD 8 584,000 Morphy Street New York to Hillside CD 8 90,000 Ripy Street Alice to Cole CD 8 156,320 Cannon Avenue Virginia to Exeter CD 8 127,000 Chenault Street Riverside to Pauline CD 8 106,833 Martin Avenue Wichita-Shackleford CD 8 472,000 Martin Avenue Trentman to Miller CD 8 193,000 Stella Riverside to Vickery CD 8 250,000 Troost Street Terrell to Rosedale CD 8 93,400 Exeter Street Vickery to Terrell CD 8 138,000 Fairway Drive High Point -Ellis Ranch CD 8 45,000 Illinois Avenue Rosedale to Pulaski CD 8 70,000 Judkins Street 1st to Airport Fwy CD 8 51,520 Seminary Berke -Sycamore Crk. B CD 8 300,000 Seminary Sycamore Crk. B -Campus CD 8 206,787 Butler McCart to Livington CD 9 252,400 Maddox Avenue College to Hemphill CD 9 76,767 Cantey Street Hemphill to East RR CD 9 158,000 Lowden Street Hemphill to East RR CD 9 210,000 Main Street Biddison to Bewick CD 9 44,833 South Jones Street Biddison to Bolt CD 9 257,833 Page Avenue Hemphill to East RR CD 9 112,000 TOTAL $10,101,000 Council Member Webber advised City Council that she was disqualified from voting on Mayor and Council Communication No. G-8970 involving a street that her parents live on. Council Member Zapata made a motion, seconded by Council Member Gilley, that the recommendation, as contained in Mayor and Council Communication No. G-8970, 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 Zapata, Granger, McCray, Gilley, Meadows, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Webber M&C G-8971 re There was presented Mayor and Council Communication No. G-8971 from the City Refund of Tax Manager, as follows: Overpayments SUBJECT: REFUND OF TAX OVERPAYMENTS RECOMMENDATION: It is recommended that the accounts totalling $2,179.21 for refund listed below be approved in accordance with Section 31.11 of the Texas Property Tax Code. DBUSSION: The Texas Property Tax Code requires that a taxpayer must request a refund for tax overpayment within three years of that payment. An overpayment or erroneous payment is a payment in excess of the amount of liability shown on the tax roll and results primarily from a double payment (commonly by a mortgage company and the owner). 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. The Revenue Collection Division of the Finance Department has verified that the following erroneous payment or overpayments were made and recommends refund. ACCOUNT NO. LEGAL DESCRIPTION 0040-24-35 Camelot #3 1989 Taxes Lot 28 Blk 12 (City Only) Taxes Paid Twice 0591-90-37 Willow Ck Add (FW) 1989 Taxes Lot 24 Blk 8 (City Only) Taxes Paid Twice 0308-56-94 Tandy & Wakefield Add 1989 Taxes Lot 14 Blk 1 (City & School) NAME AMOUNT Sunbelt Nat. Mtg. $ 506.95 Forbes, Keary & Maria 614.46 Great Western Bank 1,057.80 Minutes of City Council Q-3 Page 550 M&C G-8971 cont. Refund of Tax Overpayments TUESDAY, DECEMBER 18. 1990 Taxes Paid Twice FINANCING: $2,179.21 (TOTAL ACCOUNTS $2,179.21) Sufficient funds are available in General Fund GGO1, Center No. 0134020, Revenue Collection. The refund will be made to Account No. 411012. M&C G-8973 re Changing the stree name of "Tilt Wing Road" to "Horizon Drive" cont. until the end of=agenda There was presented Manager recommending that Road to Horizon Drive approximately 500 feet to desiring to be heard in change. Mayor and Council Communication No. G-8973 from the City an ordinance be adopted changing the street name of Tilt Wing extending from Heritage Parkway to its termination west, a cul-de-sac. Mayor Bolen asked if there was anyone present connection with the public hearing on the proposed street name Council Member Granger made a motion, seconded by Council Member Chappell, that consideration of Mayor and Council Communication No. G-8973 be continued until the end of the agenda. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-8975 re On motion of Council Member Meadows, seconded by Mayor Pro tempore Garrison, the demolition of recommendation, as contained in Mayor and Council Communication No. G-8971, was substandard struc- adopted. M&C G-8972 re tures at 15 1 oca- approved settle- There was presented Mayor and Council Communication No. G-8972 from the City ment of Industrial Manager recommending that the City Council approve the settlement of all claims in the Properties Corp- case of Industrial Properties Corporation vs. City of Dallas and City of Fort Worth oration,vs City (Case No. 85-10161), which claimed that the cities of Dallas and Fort Worth unlawfully of Dallas and City claiming title to certain railroad rights-of-way in the Trinity Industrial District of Fort Worth west of downtown originally conveyed by Industrial Properties Corporation to the Rock 2. Island Railroad in the 1940's and in which a proposed settlement has been negotiated whereby Industrial Properties Corporation will make payment of $100,000.00 to the 3310 East Rosedale Street Railtran Fund and the cities of Dallas and Fort Worth will convey without warranty 4. their interest in the property to the Industrial Properties Corporation and that the Unit No. 9 City Manager be authorized to execute a new related settlement agreements and deeds. 3715 Avenue J On motion of Mayor Pro tempore Garrison, seconded by Council Member Gilley, the 6. recommendations were adopted. M&C G-8973 re Changing the stree name of "Tilt Wing Road" to "Horizon Drive" cont. until the end of=agenda There was presented Manager recommending that Road to Horizon Drive approximately 500 feet to desiring to be heard in change. Mayor and Council Communication No. G-8973 from the City an ordinance be adopted changing the street name of Tilt Wing extending from Heritage Parkway to its termination west, a cul-de-sac. Mayor Bolen asked if there was anyone present connection with the public hearing on the proposed street name Council Member Granger made a motion, seconded by Council Member Chappell, that consideration of Mayor and Council Communication No. G-8973 be continued until the end of the agenda. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-8975 re There was presented Mayor and Council Communication No. G-8975 from the City demolition of Manager submitting a tabulation of bids received for the demolition of substandard substandard struc- structures at 15 locations by multiple vendors for City Services Department, as tures at 15 1 oca- fol lows: Briggs and Son Wrecking Co. tions Unit No. 2, 3, 6, 8, 10,11, 13 UNIT DESCRIPTION: Brown Excavating Co., Inc. 1. 3012 Avenue K 2. 3130 Avenue H and Rear 3. 3310 East Rosedale Street $ 4. 3314 Avenue I and Rear Unit No. 9 5. 3715 Avenue J e. 6. 4117 Crenshaw Avenue 1,542.00 7. 3528 Thannisch Avenue 8. 3321 Burton Avenue and Rear 9. 3312 Ada Avenue and Rear 10. 2411 Vaughn Boulevard 11. 2501 Mitchell Boulevard 12. 2505 Mitchell Boulevard 13. 300 Hays Street and Rear 14. 608 South Judkins Street 15. 3201 Northwest 26th Street and Rear It was recommended that the City Council: 1. Confirm that each structure listed herein is substandard, a nuisance, and a hazard to the public health, safety, and welfare; 2. Authorize contracts for demolition of structures for the City Services Department on the lowest and best bid per unit basis as follows: a. Action Excavating Corp., Inc. $ 4,053.00 Unit No. 1, 7, 14, 15 b. Briggs and Son Wrecking Co. $15,210.00 Unit No. 2, 3, 6, 8, 10,11, 13 c. Brown Excavating Co., Inc. $ 1,370.00 Unit No. 4 d. Crest Investments dba Dynomite Demolition $ 1,398.00 Unit No. 9 e. W. W. Services $ 1,542.00 Unit No. 5 Minutes of City Council Q-3 Page 551 M&C G-8975 cont. demolition of sub standard structures at 15 locations II Mr. St. Clair Newbern III re M&C G-8975 re- quested a 90 day extension at 2411 Vaughn Boulevard Ms. Gail Baxter M&C G-8975 re 2411 Vaughn Blvd. Introduction..of Mr. Richard Davis Mayor Pro tempore of North Richland Hills M&C P-4628 re purchase agreement with Johnson Yok- ogawa Corporation for fuel system maintenance M&C P-4628 adopter M&C P-4629 re purchase agreement with Atlas Utilitl Supply to provide various sizes Meg -A -Lug for the Water Department M&C P-4630 re purchase agreement with Bailey In- vestigators and Security, Inc. to provide security guard services to City departments f. West Excavating and Demolition Unit No. 12 $ 4,260.00 Total amount not to exceed $27,833.00 f.o.b., Fort Worth, Texas; and 3. Authorize a lien to be filed against each property to cover the cost of demolition and administration. City Manager Ivory advised City Council of an amendment to Mayor and Council Communication No. G-8975 stating that, under Recommendation, the last Recommendation No. 2 should be No. 3 and under the Unit Descriptions, Units 3 and 5 should be deleted. Mr. St. Clair Newbern III, 1000 River Plaza Terrace, appeared before the City Council and requested a 90 -day extension on the demolition of property located at 2411 Vaughn Boulevard, Unit 10. Ms. Gail Baxter, representing the Code Enforcement Office, appeared before the City Council and described the existing conditions of the property located at 2411 Vaughn Boulevard and recommended demolition of the property. Council Member McCray made a motion, seconded by Council Member Granger, that the property located at 2411 Vaughn Boulevard be declared a nuisance and substandard and authorize demolition of the property. Council Member Zapata recommended that the motion be amended to grant a 30 -day extension in order to allow sufficient time to demolish the property. Council Member McCray amended his motion, seconded by Council Member Granger, that the property at 2411 Vaughn BouleL.vard be granted a 30 -day extension and that the property be declared substandard and that demolition be ordered at the end of the 30 days if nothing is done to rehabilitate the property. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Zapata made a motion, seconded by Council Member McCray, that the recommendations, as contained in Mayor and Council Communication No. G-8975, with the exception of action already taken by City Council on Unit 10 and the deletion of Units 3 and 5, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Gilley introduced Mr. Richard Davis, Mayor Pro tempore of North Richland Hills. There was presented Mayor and Council Communication No. P-4628 from the City Manager submitting a request to the City Council that the City Council exercise the option to renew the purchase agreement with Johnson Yokogawa Corporation for the fuel system maintenance for the City Services Department and recommending that the City Council authorize: 1. Exercising the option to renew the purchase agreement with Johnson Yokogawa Corporation for fuel system maintenance on the low bid of the following unit prices 1. Monthly scheduled maintenance $740.00/mo. 2. Travel time Included L � 3. Labor for non-scheduled repairs $55.00/hr. and weekends 4. Parts Cost plus 25 percent 5. Labor, after hours, weekends $65.00/hr. and holidays 2. The purchase agreement to begin July 18, 1990, and end one year later. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. P-4629 from the City Manager submitting a tabulation of bids received for a purchase agreement for various size Meg -A -Lugs for the Water Department; stating that budgeted funds are sufficient to cover the anticipated expenditure by the Water Department; and recommending that the City Council authorize a one-year purchase agreement with Atlas Utility Supply to provide various sizes of Meg -A -Lugs for the Water Department on low bid of unit -prices for the period from the date of authorization until one year later. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. P-4630 from the City Manager submitting a tabulation of bids received for a purchase agreement for security services for the Housing and Human Services Department; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in the Minutes of City Council Q-3 Page 552 TUESDAY, DECEMBER 18, 1990 M&C P-4630 cont. agreement; and recommending that a one-year purchase agreement with Bailey Investiga- purchase agreement tors and Security be authorized to provide security guard services for City departments with Bailey In- on its low bid of $6.99 per hour for an agreement to be effective from the date of vestigators and approval until expiration one year later. Security, Inc. to provide security City Manager Ivory advised City Council of an amendment to be made to Mayor and guard services to Council Communication No. P-4630, amending Recommendation No. 1 to read for Housing and City departments Human Services Department on low bid of 6.99 per hour and under Discussion, changing City departments to Housing and Human Services. Council Member Chappell made a motion, seconded by Council Member Meadows, that the recommendations, as contained in Mayor and Council Communication No. P-4630, be approved, as amended. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C P-4631 re There was presented Mayor and Council Communication No. P-4631 from the City purchase agreement Manager submitting a tabulation of bids received for the purchase of vacuum sludge for vacuum sludge services for the Water Department; stating that budgeted funds are sufficient to cover services for the the anticipated expenditure; and recommending that a purchase agreement be authorized Water Department with American Spill Control, Inc. on its low overall bid of unit prices and that the from American Spill Water Department participate in the agreement from the date of authorization until one Control, Inc. year later. It was the consensus of the City Council that the recommendations be adopted. City Manager Ivory advised City Council of an amendment to be made to Mayor and Council Communication No. P-4631, stating that, under Recommendation, Item No. 4 reads overtime at $29.25/hour and it should read overtime at $29.25/hour labor, $119/hour machine; for a total of $148.25/hour. Council Member Gilley made a motion, seconded by Council Member Chappell, that the recommendations, as contained in Mayor and Council Communication No. P-4631 be approved, as amended. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C P-4632 re There was presented Mayor and Council Communication No. P-4632 from the City purchase agreement Manager submitting a quotation received for Woods Mower manufacturer's genuine for the purchase of replacement parts for the City Services Department; stating that budgeted funds are genuine Woods sufficient to cover the anticipated expenditure by the department participating in the manufacturer's re- agreement; and recommending that a purchase agreement be authorized with Goldthwaites placement parts wit of Texas, on its low bid of unit prices at manufacturer's suggested list price with the Goldthwaites of agreement to begin on the date of authorization by the City Council and end one year Texas later, with two one-year options to renew. It was the consensus of the City Council partment with labor- that the recommendations be adopted. M&C P-4633 re There was presented Mayor and Council Communication No. P-4633 from the City purchase agreement Manager stating that a purchase agreement with a one-year option was approved on with K & M Service January 9, 1990, with K & M Service;Company for air conditioning service; that budgeted Company to provide funds are sufficient to cover the anticipated expenditure of each department air conditioning participating in this agreement; and recommending that the City Council authorize services for all exercising the option to renew a purchase agreement with K & M Service Company for all City departments City departments for one additional year for air conditioning service on its bid of for the Police De- $32.00 per hour and cost plus 15 percent for parts and that the new agreement become partment effective January 9, 1991, and end January 8, 1992. It was the consensus of the City M&C P-4636 re Council that the recommendations be adopted. M&C P-4634 re There was presented Mayor and Council Communication No. P-4634 from the City purchase agreement Manager submitting a tabulation of bids received for the purchase of laboratory gases with option to re- and accessories for the Water Department; stating that budgeted funds are sufficient to new for two add- cover the anticipated expenditure by the Water Department; and recommending that a itio nal years with one-year purchase agreement be authorized with option to renew for two additional years Liquid Carbonic with Liquid Carbonic Corporation on its low bid of unit prices and that the agreement Corporation to prO-j be effective from December 1, 1990, through November 30, 1991. It was the consensus of vide the Water De- I the City Council that the recommendation be adopted. partment with labor- atory gases and There was presented Mayor and Council Communication No. P-4635 from the City accessories Manager submitting a quotation received for removal of stolen parts from vehicles at M&C P-4635 re the Police Auto Pound, to be returned to the owners; stating that budgeted funds are agreement with sufficient to cover the anticipated expenditure by the department participating in this Jenkins Used Cars agreement; and recommending that a purchase agreement be authorized with Jenkins Used to furnish services Cars on its quotation of unit prices and that the agreement begin with the date of for parts removal authorization by the City Council and end one year later, with option to renew for one for the Police De- additional year. It was the consensus of the City Council that the recommendation be partment adopted. M&C P-4636 re There was presented Mayor and Council Communication No. P-4636 from the City agreement with Joe Manager submitting a tabulation of bids received for runway clearing services for the Adams and Sons, Incl Aviation Department; stating that budgeted funds are sufficient to cover the for runaway clear- anticipated expenditure; and recommending that a purchase agreement be authorized with ing services for Joe Adams and Son, Inc., on its low bid of unit prices and with the agreement to begin the Aviation Depart' with the date of authorization and end one year later, with two additional one-year ment f option to renew. Council Member Zapata made a motion, seconded by Council Member Minutes of City Council Q-3 Page 553 4r W. TUESDAY, DECEMBER 18, 1990 Minutes of City Council Q-3 Page 554 M&C P-4636 cont. Meadows, that the recommendations, as contained in Mayor and Council Communication No. agreement with P-4636, be approved. When the motion was put to a vote by the Mayor, it prevailed Joe Adams & Son, unanimously. Inc. M&C P-4637 re There was presented Mayor and Council Communication No. P-4637 from the City punccase of Manager submitting a tabulation of bids received for the purchase of services for services for dis- disposal of chemicals for the Police Department collected in raids on clandestine drug posal of chemicals laboratories; stating that funds are available in Special Trust Fund FE72, Center from Leak Tec 035535800000, FTW Police/Awarded Assets, Account No. 539120; and recommending that the Corporation for purchase be made from Leak Tec Corporation for the Police Department on its low bid of the Police Depart $46,905.00. It was the consensus of the City Council that the recommendation be ment adopted. M&C P-4638 re There was presented Mayor and Council Communication No. P-4638 from the City purchase of Manager submitting a tabulation of bids received for the purchase of electrical parts various electrics for the Water Department for use at the Village Creek Wastewater Treatment Plant; parts for the stating funds are available in Fund PE45, Center No. 0705002, Wastewater Treatment, Water Department Account No. 523300; and recommending that the purchase be made from Dealers Electrical with Dealers Supply on its low bid, meeting City specifications of $5,493.75 net, f.o.b. Fort Worth. Electric Supply It was the consensus of the City Council that the recommendation be adopted. M&C P-4639 re There was presented Mayor and Council Communication No. P-4639 from the City purchase agreemen Manager submitting a quotation received for the purchase of Mapsco for the Finance with A11.Sta to ..- Department; stating that purchases will be charged to Office Services PI60, Subsidiary Mapmakers.to .:-.- Inventory Account No. 141275, Stationery Supplies; and recommending that a one-year provide Mapsc os- sole source purchase agreement be authorized with All State Mapmakers on its quotation for., uthe '::Finance of $15.35 each for the period effective the date of authorization and ending one year Department,' later. It was the consensus of the City Council that the recommendation be adopted. M&C P-4640 re._,.! There was presented Mayor and Council Communication No. P-4640 from the City purchase agreeme n Manager submitting a tabulation of bids received for the purchase of replacement radio with, General parts for the Information and Systems Services Department; stating that funds are Electric.Comp4ny available in General Fund GG01, Center No. 0046001, Account No. 523300; and to provide re- recommending that a one-year sole source purchase agreement with option to renew placement G.E. annually for two years be authorized with General Electric Company for GE radio parts; radio parts for a one-year sole source purchase agreement with option to renew annually for two years the Information be authorized with Motorola, Inc., for Motorola radio parts for the Information Systems Systems & Service and Services Department; and that both purchase agreements be in effect October 1, Department 1990, through September 30, 1991. It was the consensus of the City Council that the recommendation be adopted. ^ M&C P-4641 re There was presented Mayor and Council Communication No. P-4641 from the City purchase agreement Manager stating that the warranty covering 55 automatic external defibrillators, to Laerdal Ma nuf ac authorized for purchase on June 27, 1989, by Mayor and Council Communication P-3555, turing Corporation has expired and the Fire Department requests a maintenance agreement be obtained to to provide pre ve n- include all parts and labor necessary to keep these defibrillation devices in operating tative maintenance condition; that budgeted funds are sufficient to cover the anticipated expenditure by of fifty-five auto the Fire Department; and recommending that a sole -source purchase agreement be ma tic external de- authorized with Laerdal Manufacturing Corporation for maintenance service for automatic fibrilla tors for external defibrillators for the Fire Department based on the unit price of $347.50 per the Fire Depart- year for a total figure not to exceed $19,112.50 and that the agreement become ment effective upon approval by the City Council and end one year later. It was the consensus of the City Council that the recommendation be adopted. M&C P-4642 re There was presented Mayor and Council Communication No. P-4642 from the City purchase of twenty Manager submitting a tabulation of bids received for the purchase of 21 pickups for the one pickups for th Equipment Services Division; stating that funds are available in Fund P161, Inventory Equipment Services Account No. 141700, Center No. 0000000; and recommending that the purchase be Division with North authorized on low bid meeting City specifications, as follows: Loop dodge, James Woods Motor, Inc. , 1. North Loop Dodge $197,833.00 and Bruce Lowrie Fort Worth, Tx. Chevrolet 2. James Wood Motors, Inc. 21,520.00 Fort Worth, Tx. 3. Bruce Lowrie Chevrolet 319504.00 Fort Worth, Tx. M&C P-4642 adopted It was the consensus of the City Council that the recommendation be adopted. M&C P-4643 re There was presented Mayor and Council Communication No. P-4643 from the City purchase of ex- Manager submitting a proposal for the purchase of excess Workers' Compensation cess workers com- insurance for 1991; stating that funds are available in Workers' Compensation Fund pensation insuranc, FE73, Center No. 0157310, Account No. 534610; and recommending that the purchase of from Midwest Em- excess Workers' Compensation Insurance for 1991 be approved with Midwest Employers ployers Casualty Casualty Company (non -rated company by A. M. Best) through bids submitted by Alexander Company' and Alexander of Texas, Inc., to include single incident excess coverage with City retention of $350,000.00 and insurance coverage to no maximum limit per incident and employer's liability insurance of $1,000,000.00 per occurrence for an estimated and i i minimum premium deposit in the amount of $165,809.00. Minutes of City Council Q-3 Page 554 TUESDAY, DECEMBER 18, 1990 Mr Bi l l Otto re Mr. Bill Otto, representing the Risk Management Department, appeared before the M&C P-4643 City Council and advised City Council of an amendment to Mayor and Council Communication No. P-4643 correcting the excess workers' compensation insurance for 1990 to read excess workers' compensation for 1991; and advised Council that procurement of this insurance is a stabilizing affect and that, in his opinion, that the legislature passed in last session will not have an immediate effect in 1991 and 1992. Ms. Lee Owens re Ms. Lee Owens, representing Alexander and Alexander of Texas, appeared before the M&C P-4643 City Council and provided City Council with additional financial information and recommended the purchase of excess workers' insurance for 1991 from Midwest Employers Casualty Company. Council Member Garrison made a motion, seconded by Council Member Meadows, that Mayor and Council Communication No. P-4643, be approved, as amended. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mrs. Patty Kelsey Mrs. Patty Kelsey, 2831 5th Avenue, President of a Candlelite Christmas in Ryan re expressed Place, appeared before the City Council and expressed appreciation to Council Member appreciation Chappell and the Water Department for the filling of a hole on 5th Avenue in time for the dedication ceremony of the gates on 8th and Elizabeth. Mr. Ernest Mackey, Mr. Ernest Mackey, Jr., 2700 Carnation, appeared before the City Council regarding Jr. re concerns the occupancy of recreation centers by private organizations and requested that the about the occupanc matter be investigated. of recreation centers by privatel, Council Member Gilley informed Mr. Mackey of the Park and Recreation Advisory organizations Board meeting to be held at 4:00 p.m. at the Botanic Garden Conservatory and requested that Mr. Mackey also make his presentation at that meeting. Mayor Bolen advised Mr. Mackey that the matter will be investigated and that he will get a report from City staff involving the issue. Mr. R. C. Hestilow' Mr. R. C. Hestilow, 3715 Fairfax Avenue, appeared before the City Council re double billing 1 regarding the alleged double billing on his water/sewer and garage services provided by on his water/sewer; the City. and garage service City Manager Ivory advised City Council of the previous discussions regarding the billing cycles during the changeover to a new system and advised council that some problems were anticipated in the system with some customers having a longer time span and some having a shorter time span in between the readings and receipt of their water bills. Assistant City Ramon Guajardo appeared before the City Council and advised Council that the reason a rebate was given to Mr. Hestilow was because of a failure in communication in explaining the computer conversion to Mr. Hestilow. M&C L-10334 re There was presented Mayor and Council Communication No. L-10334 from the City approved cancella- Manager recommending that the cancellation of the Lake Worth lease with Alex R. Duran tion of the Lake for Lot 2, Block 8, Lake Worth Lease Survey, be approved for nonpayment of lease Worth Lease rental. It was the consensus of the City Council that the recommendation be adopted. M&C L-10335 re There was presented Mayor and Council Communication No. L-10335 from the City Withdrew - South- Manager stating that Southwestern Bell has requested two easements be granted to western Bell Under facilitate the installation of underground lines in Heritage Park and across North Main ground Facilities Street and recommending that the City Manager be authorized to grant two separate 10.0 Easement/Heritage foot wide easements for underground facilities, one easement crossing City property in Park and North Heritage Park and the other easement crossing North Main Street immediately east of Main Street Heritage Park. It was the consensus of the City Council that Mayor and Council Communication No. L-10335, Southwestern Bell underground facilities easement/Heritage Park and North Main Street, be withdrawn from the agenda. M&C L-10336 re There was presented Mayor and Council Communication No. L-10336 from the City declared necessity Manager recommending that the City Council declare the necessity of taking certain land for taking of cer for the purpose of constructing essential public improvements heretofore authorized by tain lands for the City Council and that authority be given the City Attorney to institute eminent public improve- domain proceedings to acquire an irregularly shaped permanent easement from Tract 2, ment and authorize William McCowan Survey, Abstract 999, as described in Volume 9858, Page 1517, Deed eminent domain Records, Tarrant County, Texas, same being 30.00 feet in width and approximately proceedings to ac- 4,212.97 feet in length over a course of varying directions and lying along the east quire permanent side of Harmon Road and an irregularly shaped 30.00 foot wide temporary construction water lines and easement lying parallel and contiguous with the above --described permanent easement; temporary construc located north of U.S. 287, east of Harmon Road and west of I -35W and owned by the tion easements Baptist Foundation of Texas; and required for Northside II Water Transmission Main, Phase II. On motion of Council Member Gilley, seconded by Council Member Granger, the recommendation was adopted. o M&C PZ -1599 re There was presented Mayor and Council Communication No. PZ -1599 from the City vacating excess Manager recommending that an ordinance be adopted vacating excess right-of-way of right-of-way of Pershing Avenue located along the southwesterly property line of Lot 1, Block 6, Pershing Avenue Minutes of City Council Q-3 Page 555 '00 Minutes of City Council Q-3 Page 556 M&C P-1599 cont. Westridge Addition, as recorded in Volume 1807, Page 306, Plat Records, Tarrant County, vacating excess Texas. It was the consensus of the City Council that the recommendation be adopted. right-of-way of Pershing Avenue Mayor Pro tempore Garrison introduced an ordinance and made a motion that it be Introduced an adopted. The motion was seconded by Council Member Zapata. The motion, carrying with Ordinance it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10755 10755 AN ORDINANCE VACATING, ABANDONING, CLOSING AND EXTINGUISHING A PORTION OF PERSHING AVENUE RIGHT-OF-WAY; PROVIDING FOR REVERSION OF FEE IN SAID LAND; REPEAL-ING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. M&C PZ -1600 re There was presented Mayor and Council Communication No. PZ -1600 from the City vacating a utility Manager recommending that an ordinance be adopted vacating a 4' x 90' easement on the easement located west property line of Lot 16-R, Block 23, Monticello Addition, as recorded in Cabinet along the east B, Slide 86, Plat Records, Tarrant County, Texas. It was the consensus of the City property line of Council that the recommendation be adopted. Lot 16-R, Block 23 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 Zapata. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. 1075 ORDINANCE NO. 10756 AN ORDINANCE VACATING, ABANDONING, CLOSING AND EXTINGUISHING A UTILITY EASEMENT LOCATED IN LOT 16-R, BLOCK 23, MONTICELLO ADDITION; PROVIDING FOR REVERSION OF FEE IN SAID LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. &C C-12656 re There was presented Mayor and Council Communication No. C-12656 from the City authorized execu- Manager stating that the City of Fort Worth has been negotiated with the Missouri tion of drainage Pacific Railroad for permission to tunnel underneath the Railroad's Centennial and waterway agree Switching Yard with an arch culvert approximately 18 feet wide and 12 feet high to ent with Missouri partially relieve flooding in the Sunset Heights Subdivision; that the major design acific Railroad concerns of the railroad have been satisfied; describing the major provisions of the providing'for contract; and recommending that the City Council authorize a bond fund transfer of onstructi on of a $3,280.00 from GS67-020670371270, Como Lake Dam, to GS67-0206708288750, Sunset Heights ulver t under the Railroad Culvert, to provide funds for construction and fees; and that the City Manager ailroad's Cent_,.1 be authorized to execute a drainage and waterway agreement with the Missouri Pacific ennial Switching Railroad for the Sunset Heights drainage relief tunnel under the Centennial Yard; and Yard authorize payment of the required license fees in the amount of $3,280.00. It was the consensus of the City Council that the recommendation be adopted. &C C-12657 re There was presented Mayor and Council Communication No. C-12657 from the City on tra c t for the Manager stating that the final debt service on bonds issued for the City of Fort Worth installation of Airport System was made on October 1, 1990; that there currently are no obligations for nderground fuel any funds remaining in the Airport's Debt Service Fund and, due to excess investment torage tanks at earnings over the years, a residual cash amount of $358,813.15 is available for leacham Airport reallocation at the City Council's discretion; that the staff believes it is ith Les Gray and appropriate to use these funds for an aviation -related purpose; submitting a tabulation ompany, Inc. of bids received for the installation of underground fuel storage tanks at Meacham Airport; and recommending that the transfer of $350,000.00 be authorized from the fund balance in Airport Debt Service Fund PE41 to the Aviation Improvements Capital Project Fund, GC24, Center No. 020240438100, Six New Tanks, and that the City Manager be authorized to execute a contract with Les Gray and Company, Inc., on its low bid of $275,733.00. It was the consensus of the City Council that the recommendations be adopted. I Minutes of City Council Q-3 Page 556 M&C C-12658 re authorized an abate ment contract with EmTech Environment- al Services for thi removal, disposal, and site -clean-up of PCB transformer: and related material Introduced an Ordinance. Ordinance No.. 10757 M&C C-12659 re authorized sub- mission of grant application to the Community Founda- tion of Texas, Inc for funding of the Male Outreach Program M&C C-12660 re authorized lease renewal with Laurent and Bobbie Jo Jacquelin, as individuals, and Pegasus Flight Center, Inc. for Office space in the Fort worth Meacham Airport Termainal Bldg. MCU C-12661 re authorized lease with Andrew Pena & Peggy Pena dba Contract Aircraft Painting M&C C712662 re consent agreement with B.C. Vintage Flying Machines _ There was presented Mayor and Council Communication No. C-12658 from the City Manager stating that Hahnfeld Associates on October 3, 1990, informed City staff of the potential for release of PCB contaminated oil from transformers located in the Will Rogers Memorial or Auditorium and staff requested that EmTech Environmental Services perform a detailed analysis without delay for possible PCB contamination in three (3) transformer rooms within the auditorium; that subsequent test indicated the existence of PCB contamination in two of the three transformer rooms; that, by law, the City is required to remove PCB contamination without delay; that it is the staff's recommenda- tion that the City enter into a contract for abatement with EmTech Environmental Services due to its previous involvement and its outstanding qualifications in hazardous waste clean-up and recommending that an ordinance be adopted increasing appropriation by $86,572.00 in General Fund GGO1, Non -Departmental-Contract Administration, Center No. 0906601, and decreasing the unreserved, undesignated fund balance of the General Fund by the same amount and that the City Manager be authorized to execute an abatement contract with EmTech Environmental Services for an amount not to exceed $86,572.00. It was the consensus of the City Council that the recommendations be adopted. Mayor Pro tempore Garrison introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Zapata. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: ORDINANCE NO. 10757 AN ORDINANCE APPROPRIATING $86,572.00 TO THE GENERAL FUND GGO1, NON -DEPARTMENTAL -CONTRACT ADMINISTRATION, ACCOUNT NO. 539120, CENTER NO. 0906601, AND DECREASING THE UNRESTRICTED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT FOR THE PURPOSE OF FUNDING AN ABATEMENT CONTRACT WITH EMTECH ENVIRONMENTAL SERVICES FOR REMOVAL, DISPOSAL AND SITE CLEAN-UP OF PCB TRANSFORMERS AND RELATED MATERIAL; 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. There was presented Mayor and Council Communication No. C-12659 from the City Manager proposing the continuation of the contract with the Fort Worth Adolescent Pregnancy Board for the Adolescent Male Outreach Program; describing the financing of the program and recommending that the City Manager be authorized to submit a grant application to the Communities Foundation of Texas, Inc., for the funding of the Male Outreach Program from January 1, 1991, through September 30, 1991, in the amount of $10,000.00; accept and authorize a contract, if authorized, with Communities Foundation of Texas in the amount of $10,000.00; authorize the Accounting Division of the Finance Department, subject to funding agency approval and the City Manager's acceptance of the grant, to establish a new grant center account in Grant Fund GR76 upon receipt of an executed contract; and approve the waiver of $2,428.00 of indirect costs on the $10,000.00 contribution from the Communities Foundation of Texas, Inc. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. C-12660 from the City Manager recommending that the City Manager be authorized to execute a contract with Laurent and Bobbie Jo Jacquelin, as individuals, and Pegasus Flight Center, Inc., for counter and office space in the Fort Worth Meacham Airport Building for the period of December 1, 1990, through November 30, 1991, at a total annual revenue of $5,221.20. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. C-12661 from the City Manager recommending that the City Manager be authorized to execute a contract with Andrew Pena and Peggy Pena dba Contract Aircraft Painting for a section of hangar space at Location 6N along with the adjoining aircraft and auto parking space and unimproved land at the Fort Worth Meacham Airport for the period of December 1, 1990, through November 30, 1991, at a total annual revenue of $14,790.94. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. C-12662 from the City Manager stating that Dr. Bill and Chuckie Hospers, owners of BC Vintage Flying Machines adjacent to Fort Worth Meacham Airport, have made application to the City of Fort Worth to continue the existence of a long-standing encroachment in the public right-of-way consisting of a building addition to a hangar situated on the east side of Von Street between 37th and 38th Streets; that, although the right-of-way is dedicated as a street, it historically has not been used as a street; and recommending that the City Manager or his designee be authorized to enter into a standard consent agreement with B. C. Vintage Flying Machines for the continuation of a building encroachment into Von Minutes of City Council Q-3 Page 557 TUESDAY, DECEMBER 18, 1990 M&C C-12662 cont. Street between 37th and 38th Streets. It was the consensus of the City Council that the recommendation be adopted. M&C C-12663 re There was presented Mayor and Council Communication No. C-12663 from the City authorized contract Manager submitting a tabulation of bids received for the assessment paving of W. Butler with Walt Williams Street, from McCart Avenue to Livingston Street and recommending that the City Council Construction, Inc. authorize a bond fund transfer in the amount of $33,146.91 from GS94-020940099050, for the paving of Special Assessments, Unspecified, to GS67-020670402030, W. Butler Street from McCart to West Butler Street Livingston, to move the property owner's share of the cost from revolving fund to McCart Avenue to project account and a bond fund transfer in the amount of $248,154.47 from Livingston Street GS67-020670409010, Inner City Streets, Unspecified, to GS67-020670402030, W. Butler Street from McCart to Livingston, to provide funds for the City's share of construction cost plus $13,395.30 for possible change orders and that the City Manager be authorized to execute a contract with Walt Williams Construction, Inc., in the amount of $267,906.08 and 49 working days based on its low base bid. It was the consensus of the City Council that the recommendations be adopted. M&C C-12664 re There was presented Mayor and Council Communication No. C-12664 from the City authorized communif Manager stating that Fine Line, Inc., acting by and through Billie J. Ellis, Jr., its ty facilities con- duly authorized Vice President, has executed a proposed contract for community tract with Fine facilities to serve Sundance West Phase I, at the following estimated cost: Line, Inc. for the i nstal i ati on of Project Cost Devgloper City Total community facili- ties to serve the Water 4,664.00 -0- 4,664.00 development of Sunk Sanitary Sewer 80,964.00 -0- 80,964.00 dance 6 -lest Phase I Construction Insp. Fee 1,712.00 -0- 1,712.00 Street Improvements Construction 291,171.00 -0- 291,171.00 Design Engineering -0- -0- -0- Engineering and Administration 5,824.00 14,558.00 20,382.00 Storm Drains Construction 26,180.00 -0- 26,180.00 Design Engineering -0- -0- -0- Engineering and Administration 524.00 2,094.00 2,618.00 Street Lights 35,000.00 -0- 35,000.00 Total 1446,039.00 $ 16,652.00 $462,691.00 It was recommended that the City Manager be authorized to execute the Community Facilities Agreement with Fine Line, Inc., for the installation of community facilities to serve the development of Sundance West Phase I. Council Member Meadows requested permission of the City Council to abstain from voting on Mayor and Council Communication No. C-12664. Council Member Zapata made a motion, seconded by Council Member Chappell, that Council Member Meadows be permitted to abstain from voting on Mayor and Council Communication No. C-12664. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Zapata made a motion, seconded by Council Member McCray, that the recommendation, as contained in Mayor and Council Communication No. C-12664 be approved. 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 Zapata, Granger, McCray, Gilley, Webber, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Meadows I&C C-12665 re There was presented Mayor and Council Communication No. C-12665 from the City authorized execu- Manager stating that, since January 1989, the City of Fort Worth has employed outside tion of contract consultation and representation in order to maintain resident expertise in state raith Tarry K. affairs; that Mr. Larry K. Montgomery has agreed to serve as the City's consultant in 4ontgoraery for State affairs for the remuneration at the rate of $5,000.00 per month plus certain personal services expenses not to exceed $1,000.00 per month during the regular session of the 72nd Texas involving consult- Legislature and during any special session called by the Governor when the session is ation and represen dedicated to municipal concerns and, during the remaining months of the contract, the tation related to remuneration rate will be $2,500.00 per month, plus the above -defined expenses, not to issues of concern exceed $400.00 per month; that funds are available in General Fund GGO1, Non-Depart- i)f the City of Fort mental, Intergovernmental Participation, Center No. 0094501, Account No. 539120; and Borth before the State Legislature and other elements of the State go- uernment Minutes of City Council Q-3 Page 558 M&C C-12665 cont. M&C C-12666 re authorized ocntrac with the Bank of Commerce for Community facili- ties to serve Summerfields Sky - view Addition M&C G-8974 re Closing the benefit Hearing and levying assessments for th cost of improve- ments and/or s services in Fort Worth Improvement District No. 2 TUESDAY, DECEMBER 18, 1990 recommending that the City Manager be authorized to execute a contract with Larry K. Montgomery for personal services involving consultation and representation of concern to the City before the State Legislature for the period of January 1, 1991, to the close of business on December 31, 1992. On motion of Council Member Gilley, seconded by Council Member Chappell, the recommendation was adopted. There was presented Mayor and Council Communication No. C-12666 from the City Manager stating that Bank of Commerce, acting by and through Gene Gray, its duly authorized president, has executed a contract for the proposed installation of community facilities to serve Lots 1-4, Block 1, Skyview Addition; describing the proposed cost and financing; and recommending that the City Council: 1. Approve the following Bond Fund Transfer: FROM TO AMOUNT GS90-020900379010 GS90-020901361340 $ 3,059.30 Development Summerfields Adj. To City Skyview Addn. Parks Unspecified Block 1, Lots 1-4 GS90-020900957010 City Share of Design Eng. In New Developments Unspecified GS90-020901369010 New Development Unspecified GS90-020901361340 Summerfields Skyview Addn. Block 1, tots 1-4 GS90-020901361340 Summerfields Skyview Addn. Block 1, Lots 1-4 $14,621.67 $65,746.03 REASON To provide Funds For City's Share of Construction and Engineering Cost. To provide Funds For City's Share of Construction and Engineering Cost. To provide Funds For City's Share of Construction and Engineering Cost. GS90-020901369010 GS90-020900951070 $14,046.00 To provide Funds New Development 90-91 Salaries For Engineering Unspecified Salaries 2. Authorize the City Manager to reimburse the developer for the City's share of cost for street improvements upon satisfactory completion; and 3. Authorize the City Manager to execute the Community Facilities Agreement with the developer, Bank of Commerce. Mayor Pro Tempore Garrison advised City Council that he is disqualifying himself from voting on Mayor and Council Communication No. C-12666 involving the Bank of Commerce. Council Member Chappell made a motion, seconded by Council Member Meadows, that the recommendations, as contained in Mayor and Council Communication No. C-12666, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Council Members Zapata, Granger, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: None NOT VOTING: Mayor Pro tempore Garrison There was presented Mayor and Council Communication No. G-8974 from the City Manager, as follows: SUBJECT: BENEFIT HEARING AND LEVYING ASSESSMENTS - IMPROVEMENTS AND/OR SERVICES IN FORT WORTH IMPROVEMENT DISTRICT NO. 2 RECOMMENDATION: It is recommended that an ordinance be adopted closing the benefit hearing and levying the assessments as proposed. ORIGIN OF THE PROJECT: On November 27, 1990 (M&C G-8930), the City Council of the City of Fort Worth, Texas, directed that certain improvements and/or services (the "improvements") shall be provided in the Fort Worth Improvement District No. 2 during 1990. The District is an area within the boundaries of SH 377, Western Center Boulevard, Teal Drive and Summerfields Boulevard and is more Minutes of City Council Q-3 Page 559 Q.6-0, MAC G-8974 cont. Closing the benefit hearing ai levying assess- i- ments for the cos of improvements and/or services ii Fort Worth Im- provement'Distric No. 2 Mrs. Ann Diveley re MAC G-8974 Introduced an Ordinance TUESDAY, DECEMBER 18, 1990 particularly described in a boundary description and map on file in the Office of the City Secretary. id IMPROVEMENTS: The improvements to be provided are as follows: 1. Landscaping, construction and maintenance of plantings and fencing along Park Vista Boulevard and Basswood Boulevard. 2. District management for the establishment, administration and operation of the district. The improvements are fully described in a service, improvement and assessment plan which was adopted by the City Council on November 27, 1990, and is on file in the Office of the City Secretary. The improvements will be provided by The Perot Group, under a contract with the City of Fort Worth. The Plan of Services and Budget adopted on November 27, 1990 is to be funded by $161,052 from assessments and $96,283 from The Perot Group. The assessments shall be based on the square footage of each parcel times an assessment rate as determined by the City Council according to a formula outlined in the petition and budget. The City Manager has filed with the City Secretary a proposed assessment roll and an estimate of the assessments against each parcel. Considering the benefits to be received from the proposed improvements, it is the opinion of the Director of the Real Property Department that each parcel of property will be enhanced in value by an amount equal to or more than the proposed assessment. Notice of the public hearing was made in accordance with state law. Following the hearing, the assessments shown on the attached proposed assessment roll, if approved and accepted by the City Council, will be levied against properties and the owners thereof. Such assessments shall constitute a first and prior lien upon such properties and a personal liability of the real and true owners thereof and shall be payable on or before January 31, 1991. Accounts will become delinquent if not received by February 1, 1991. The entire amount assessed against a parcel of property shall bear interest from and after the first day of February, 1991, at the rate of 10 percent per annum until paid. Mrs. Ann Diveley, representing the City Manager's Office, appeared before the City Council and advised the City Council that the purpose of today's public hearing is to receive comments regarding the improvements and/or services to be provided in the Fort Worth Improvement District No. 2 during 1990; that improvements were fully described in a service, improvement and assessment plan which was adopted by the City Council on November 27, 1990, and notice of the hearing has been given in accordance with state statutes; that it is the opinion of the Director of Real Property Department that each parcel of the property to receive benefits will be enhanced in value by an amount equal to or more than the proposed assessment; and advised City Council that monies collected for the assessment is going for the landscaping companies to be spent for the upkeep of the properties in the district. There being no one else present desiring to be heard in connection with the benefit hearing and levying of assessments for improvements and/or services in Fort Worth Improvement District No. 2, Mayor Pro tempore Garrison made a motion, seconded by Council Member Zapata, that the hearing be closed and that the assessments be levied. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mayor Pro tempore Garrison introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Zapata. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, Webber, and Chappell Minutes of City Council Q-3 Page 560 TOTAL TO BE COST ASSESSED (a) Expense of establishing the district $ 20,000 $ 20,000 (b) Cost of maintenance 221,335 125,052 (c) Replacement reserve 5,000 5,000 (d) Expense of adminsitration/operation 10,000 10,000 (e) Contingency 1,000 1,000 TOTAL $257,335 $161,052 The Plan of Services and Budget adopted on November 27, 1990 is to be funded by $161,052 from assessments and $96,283 from The Perot Group. The assessments shall be based on the square footage of each parcel times an assessment rate as determined by the City Council according to a formula outlined in the petition and budget. The City Manager has filed with the City Secretary a proposed assessment roll and an estimate of the assessments against each parcel. Considering the benefits to be received from the proposed improvements, it is the opinion of the Director of the Real Property Department that each parcel of property will be enhanced in value by an amount equal to or more than the proposed assessment. Notice of the public hearing was made in accordance with state law. Following the hearing, the assessments shown on the attached proposed assessment roll, if approved and accepted by the City Council, will be levied against properties and the owners thereof. Such assessments shall constitute a first and prior lien upon such properties and a personal liability of the real and true owners thereof and shall be payable on or before January 31, 1991. Accounts will become delinquent if not received by February 1, 1991. The entire amount assessed against a parcel of property shall bear interest from and after the first day of February, 1991, at the rate of 10 percent per annum until paid. Mrs. Ann Diveley, representing the City Manager's Office, appeared before the City Council and advised the City Council that the purpose of today's public hearing is to receive comments regarding the improvements and/or services to be provided in the Fort Worth Improvement District No. 2 during 1990; that improvements were fully described in a service, improvement and assessment plan which was adopted by the City Council on November 27, 1990, and notice of the hearing has been given in accordance with state statutes; that it is the opinion of the Director of Real Property Department that each parcel of the property to receive benefits will be enhanced in value by an amount equal to or more than the proposed assessment; and advised City Council that monies collected for the assessment is going for the landscaping companies to be spent for the upkeep of the properties in the district. There being no one else present desiring to be heard in connection with the benefit hearing and levying of assessments for improvements and/or services in Fort Worth Improvement District No. 2, Mayor Pro tempore Garrison made a motion, seconded by Council Member Zapata, that the hearing be closed and that the assessments be levied. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mayor Pro tempore Garrison introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Zapata. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, Webber, and Chappell Minutes of City Council Q-3 Page 560 Ordinance No. 10754 M&C G-8973 re Closing public hearing and chang- ing the street nam( of "Tilt Wing Road' to "Horizon Drive" Introduced an ordinance Ordinance No. 10753 Council met in closed or execut- ive session Reconvened into regular session Adjourned TUESDAY. DECEMBER 18. 1990 NOES: None ABSENT: None The ordinance, as adopted, is as follows: ORDINANCE NO. 10754 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES TO BE PROVIDED IN FORT WORTH IMPROVEMENT DISTRICT NO. 2 DURING 1990; FIXING CHARGES AND LIENS AGAINST PROPERTY IN THE DISTRICT AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS; RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. There was presented Mayor and Council Communication No. G-8973 from the City Manager recommending that an ordinance be adopted changing the street name of "Tilt Wing Road" to "Horizon Drive" extending from Heritage Parkway to its termination west, approximately 500 feet to a cul-de-sac. Mayor Bolen asked if there was anyone present desiring to be heard in connection with the public hearing on the proposed street name change. There being no one present desiring to be heard, Council Member Granger made a motion, seconded by Council Member Meadows, that the hearing be closed and that the recommendation, as contained in Mayor and Council Communication No. G-8973, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Granger introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Meadows. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: ORDINANCE NO. 10753 AN ORDINANCE CHANGING THE NAME OF "TILT WING ROAD" TO "HORIZON DRIVE"; MAKING THIS ORDINANCE CUMULATIVE OF ALL OTHER ORDINANCES AFFECTING STREET NAMES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. It was the consensus of the City Council that the City Council meet in closed or executive session 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. State of Kansas, David J. Gallo v. United States of America, et al 2. Suits to abate common and public nuisances under Chapter 125 of the Texas Civil Practice and Remedies Code 3. Revisions to Sexually Oriented Business Ordinance as authorized by Section 2(e), Article 6252-17, V.A.C.S., the Texas Open Meeting Act. The City Council reconvened into regular session. There being no further business, the meeting was adjourned. CITY SECRETARY MAYOR Minutes of City Council Q-3 Page 561 Minutes of City Council Q-3 Page 562