Loading...
HomeMy WebLinkAbout1991/01/10-Minutes-City Council34 CITY COUNCIL MEETING JANUARY 10, 1991 Council Met On the 10th day of January, A.D., 1991, the City Council of the City of Fort Worth, Texas, met in regular session, with the following members and officers present, to -wit: Members Present Mayor Bob Bolen; Mayor Pro tempore 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; City Secretary Ruth Howard; with more than a quorum present, at which time the following business was transacted: Invocation The invocation was given by Chaplain Maureen Baldock, Hospice Care, Inc. Pledge of The Pledge of Allegiance was recited. Allegiance Minutes of January On motion of Council Member Gilley, seconded by Council Member Zapata, the minutes 3, 1991 approved of the meeting of January 3, 1991, were approved. Hoop Shoot Day A proclamation for Hoop Shoot Day was presented to Dr. Jack Ross, Elks Lodge. Proclamation Withdrew M&C G- Mayor Pro tempore Garrison requested that Mayor and Council Communication 8998 from consent No. G-8998 be withdrawn from the consent agenda. agenda Withdrew M&C C- City Manager Ivory requested that Mayor and Council Communication No. C-12682 be 12682 from consent withdrawn from the consent agenda. agenda Withdrew M&C C- City Manager Ivory requested that Mayor and Council Communication No. C-12682 be 12681, from agenda withdrawn from the agenda and requested that Mayor and Council Communication & M&C C-12654 be No. C-12654 be continued until the next regularly -scheduled City Council meeting. continued until next regul ary- On motion of Council Member Gilley, seconded by Mayor Pro tempore Garrison, the scheduled City consent agenda, as amended, was approved. Council Meeting Consent agenda Council Member Chappell made a motion, seconded by Council Member McCray, that the approved as amend- resignation of Mr. Robert Adams from Place 9 on the Park and Recreation Advisory Board ed be accepted with regrets and appoint Mr. Jon Nelson in lieu thereof to a term of office Resignation of Mr. expiring October 1, 1991. When the motion was put to a vote by the Mayor, it prevailed Robert Adams from unanimously. the Park and Re- creation Advisory Council Member Gilley nominated Mr. Norman Lyons for membership on the City Zoning Board Commission and the North Fort Worth Airport Zoning Commission and made a motion, Nominated Mr. seconded by Council Member Webber, that Mr. Norman Lyons be appointed to Place 6 on the Norman Lyons on th City Zoning Commission and the North Fort Worth Airport Zoning Commission to terms of City Zoning Comm- office expiring October 1, 1992. When the motion was put to a vote by the Mayor, it i ssi on prevailed unanimously. Council Member Zapata announced his absence from the City on official City business on January 15, 1991, to attend the American Association of Airport Executive Meeti ng M&C OCS-226 There was presented Mayor and Council Communication No. OCS-226 from the Office of Liability Bonds the City Secretary recommending that the City Council authorize the acceptance of liability bonds, as follows: PARKWAY CONTRACTOR'S BONDS INSURANCE COMPANY S. Hakim Construction, Inc. Western Surety Company Gaylon Rogers Western Surety Company Falkenberg Construction Co., Inc. Hartford Casualty Insurance Company S & S Concrete Construction, Inca Liberty Mutual Insurance Company Tom S. Stephens, Incorporated United Pacific Insurance Company OCS-226 adopted It was the consensus of the City Council that the recommendation be adopted. M&C OCS-227 There was presented Mayor and Council Communication No. OCS-227 from the Office of Claims the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Risk Management Department, as follows: Mike Tripp Arthur Elliot Mose 1. Claimant: Date Received: Date of Incident: Location of Incident: " Estimate of Damages/ Injuries: Nature of Incident: 2. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Mike Tripp December 27, 1990 Undeclared 1800 N. Forest Park Blvd. $178.53 - $221.33 Alleges damages to vehicle when vehicle was towed away. Arthur Elliot Moses December 28, 1990 November 15, 1990 3512 Wosley $2,528.76 - $6,920.16 Alleges damages to vehicle and property as the result of a water main break. Minutes of City Council R-3 Page 34 THURSDAY, JANUARY 10, 1991 Walter Jean Price 3. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Ernesto Del Valle 4. Claimant: Date Received: January 3, 1991 Date Received: Location of Incident: 2100 Block of E. Maddox Date of Incident: Attorney: Jerome A. Styrsky Location of Incident: Injuries: $15,000.00 Estimate of Damages/ Nature of Incident: Alleges injuries sustained as a result of an Injuries: (Police). Nature of Incident: Irene Stemple 5. Claimant: Correspondence the City Secretary submitting correspondence from Mr. R.G. Guthrie requesting repairs Date Received: to street and gutter in front of the Harold M. Ward Property at 5022 Bellaire Drive Guthrie requesting Date of Incident: repairs to street City Manager's Office. It was the consensus of the City Council that the Location of Incident: recommendation be adopted. M&C G-8993 re Estimate of Damages/ final assessment Manager stating that final assessment rolls are approved by the City Council in Injuries: conjunction with the acceptance of a project and approval of final payment; that the of Certificates of Nature of Incident: Johnibel Spencer 6. Claimant: Roberts Date Received: levied against the abutting property owners of FM 1220 (Boat Club Road) from Ten Mile Date of Incident: Bridge Road to W.J. Boaz Road. It was the consensus of the City Council that the Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: .Nature of Incident: Judy V. Evans 7. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Clifton L. William 8. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Walter Jean Price December 31, 1990 December 9, 1990 Undeclared $752.55 Alleges injuries as the result of a fall. Ernesto Del Valle January 2, 1991 December 6, 1990 Parking Lot of Ridgmar Mall $2,000.00 Alleges damages sustained as the result of police action. Irene Stemple January 2, 1991 December 10, 1990 2408 Harrison Avenue $45.00 Alleges loss of belongings as the result of garbage pickup. Johnibel Spencer Roberts January 2, 1991 October 27 & October 28, 1990 Basement of 912 West 2nd Street $275.00 Alleges damages as the result of a sewer backup. Judy V. Evans January 2, 1991 Midnight - October, 1990 3229 Durango NW Corner of Lot $80.50 - $96.90 Alleges damages sustained as result of water main break. - Clifton L. Williams January 3, 1991 June 17, 1990 Driveway, 5604 DeCory Road $7,475.00 Alleges damages as the result of a broken water main. 35 Zel ro Daniels 9. Claimant: Zel ro Daniels Date Received: January 3, 1991 Date of Incident: July 13, 1990 Location of Incident: 2100 Block of E. Maddox Attorney: Jerome A. Styrsky Estimate of Damages/ Injuries: $15,000.00 Nature of Incident: Alleges injuries sustained as a result of an accident involving a City -owned vehicle (Police). OCS-2 27 adopted It was the consensus of the City Council that the recommendation be adopted. M&C OCS-228 There was presented Mayor and Council Communication No. OCS-228 from the Office of Correspondence the City Secretary submitting correspondence from Mr. R.G. Guthrie requesting repairs from Mr. R.G. to street and gutter in front of the Harold M. Ward Property at 5022 Bellaire Drive Guthrie requesting South, Fort Worth, Texas, and recommending that the correspondence be referred to the repairs to street City Manager's Office. It was the consensus of the City Council that the and gutter recommendation be adopted. M&C G-8993 re There was presented Mayor and Council Communication No. G-8993 from the City final assessment Manager stating that final assessment rolls are approved by the City Council in roll and issuance conjunction with the acceptance of a project and approval of final payment; that the of Certificates of project was administered by the State Department of Highways and Public Transportation Special Assessments and final payment and acceptance were made by the State Department of Highways and Public Transportation and not the City; and recommending that the City Council approve the final assessment roll and authorize issuance of Certificates of Special Assessments levied against the abutting property owners of FM 1220 (Boat Club Road) from Ten Mile Bridge Road to W.J. Boaz Road. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council R-3 Page 35 36 THURSDAY, JANUARY 10, 1991 M&C G-8994 re There was presented Mayor and Council Communication No. G-8994 from the City approved loan and Manager stating that the recently dedicated Children's Firesafety House is a two-story use of 1990 house on wheels designed for the purpose of teaching children E.D.I.T.H. - Exit Drills truck from James In The Home - and other fire safety lessons; that James Wood GMC, Decatur, Texas, has Wood GMC for the donated the use of a GMC truck to tow the house to its various locations; that the Fire Department to truck will be replaced with a new model approximately every six months; that all major tow the fire safe- maintenance on the vehicle will be performed by Wood GMC at no cost to the City; ty house stating that funds are available in General Fund GG01, Center No. 0352000, Account No. 537030; and recommending that the City Council approve the loan and use of a 1990 GMC truck provided by James Wood GMC for use by the Fire Department to tow the newly constructed fire safety house. It was the consensus of the City Council that the recommendation be adopted. M&C G-8995 re There was presented Mayor and Council Communication No. G-8995 from the City enfor.ce`provi.sions Manager stating that efforts to correct safety hazards in certain structures has of thet:Fire,Code�� resulted in a duplication of effort requiring both the Fire Department and Code of the City of Forl Enforcement inspectors to document the same violations; that, additionally, due to Worth recent budget reductions in the Fire Department and ensuing personnel reductions, the department no longer routinely inspects vacant and open structures; that the recommended amendment to the Uniform Fire Code would allow the Fire Chief, in cooperation with the Director of City Services, to assign certain inspection responsibilities to the Code Enforcement Division and, if approved, the Fire Chief would authorize the Code Enforcement Division to enforce provisions of the Fire Code relating to vacant and open structures; and recommending that the City Council adopt an ordinance amending the Uniform Fire Code to allow the Fire Chief to authorize Code Enforcement inspectors to enforce certain provisions of the Code. It was the consensus of the City Council that the recommendation be adopted. Introduced an Council Member Gilley introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Mayor Pro tempore Garrison. 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.II ORDINANCE NO. 10762 0762 AN ORDINANCE ADOPTING A LOCAL AMENDMENT TO SECTION 2.106 OF THE UNIFORM FIRE CODE OF 1988, BY AMENDING SUBSECTION (b), 'FIRE CODE," OF SECTION 13-2, ARTICLE I, CHAPTER 13, 'FIRE PREVENTION AND PROTECTION" OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, TO PROVIDE APPROPRIATE AUTHORIZATION FOR PERSONNEL OF THE POLICE DEPARTMENT AND OF THE CODE ENFORCEMENT DIVISION OF THE DEPARTMENT OF CITY SERVICES TO ENFORCE PROVISIONS OF THE FIRE CODE OF THE CITY OF FORT WORTH; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT OF THIS ORDINANCE; PROVIDING FOR PUBLICATION OF THIS ORDINANCE IN A NEWSPAPER OF GENERAL CIRCULATION; AND PROVIDING AN EFFECTIVE DATE. &C G-8996 re There was presented Mayor and Council Communication No. G-8996 from the City pproved Community Manager, as follows: evelopment Block rant funds SUBJECT: APPROVAL TO BUDGET URBAN HOMESTEADING HUMAN SERVICES SPECIALIST RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Approve the allocation of $25,626 in Year XVI Community Development Block Grant (CDBG) funds to pay for a Human Services Specialist I position to work with the Division of Housing Urban Homesteading Program in the Department of Housing and Human Services from October 1, 1990 until May 31, 1991; 2. Transfer $25,626 from Grant Fund GR76, Center No. 005206088990. unprogrammed funds to Grant Fund GR76, Center No. 005206088180, Urban Homesteading Program. DISCUSSION: The Human Services Specialist I position assigned to the Urban Homesteading Program has been paid by the Community Services Block Grant (CSBG) funds. These funds have a lower-income range restriction for their use than do the Community Development Block Grant funds (CDBG). The Urban Homestead Program families have incomes in the moderate range rather than low-income range; therefore, it is recommended that support for this position be shifted from Minutes of City Council R-3 Page 36 3'7 ' THURSDAY, JANUARY 10, 1991 M&C G-8996 cont. the more restrictive CSBG funds which target low-income families, to the CDBG funds which support low and moderate income families. These are new funds and would be allocated from Year XVI unprogrammed funds. The duties of this position include: assisting with program marketing, public presentations, review and assessment of program applications, correspondence with program applicants, communication with existing Urban Homesteaders, surveying Homesteaders' ideas and concerns, and assisting Urban Homesteaders who are having any problems with the program. The Urban Homesteading Program is one of the most popular and publicly visible programs we operate. Currently, 35 families live in "homesteaded" houses and another 18 houses will be conveyed in the next month. As the number of homesteaders continues to increase, the need for an additional staff person to process and work with these families also increases. This position will also be included in the regular Year XVII HIL Staff budget. FINANCING: Sufficient funds are available for transfer in the amount of $25,626.00 from Grant Fund GR76, Center No. 005206088990, Unprogrammed funds, Original Appropriation. Upon approval and completion of Recommendation Nos. 1 & 2, sufficient funds will be available in Grant Fund GR76, Center No. 005206088180, Urban Homesteading Program. Expenditures will be made from Account No. 539120, Contractual Services. M&C G-8996 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. G-8996, be adopted. M&C G-8997 re There was presented Mayor and Council Communication No. G-8997 from the City PCB and Asbestos Manager stating that Hahnfeld Associates' preliminary site evaluation in October 1990 contamina tion revealed potential PCB and Asbestos contamination at Will Rogers Memorial Auditorium; awarded to Hahnfel that, due to the urgency of the matter, staff contacted EmTech to perform an Associates' Environmental Risk Assessment Study immediately; that EmTech Staff had performed similar work in the past, and the staff was familiar with their ability; that costs have been reviewed and appear to be fair; and recommending that the City Council take the following action: 1. Adopt a supplemental appropriations ordinance increasing appropriation by $40,140.34 in General Fund GGO1, Non -Departmental, Environmental Management -Contracts Center No. 0906601, and decreasing the unreserved, undesignated Fund balance of the General Fund by the same amount; and 2. Authorize the City Manager to execute payment of $40,140.34 to EmTech Environmental Services, Inc., for Invoices 0246 and 0250 in the amount of $21,435.16 and $18,705.18 respectively. The invoices are for the Environmental Risk Assessment Report of November 9, with addendum November 26 and for the Packing Out of Equipment and Effects from Potentially Contaminated Areas. M&C G-8997 adopted It was the consensus of the City Council that the recommendations be adopted. Introduced an Council Member Gilley introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Mayor Pro tempore Garrison. 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. ORDINANCE NO. 10763 10763 AN ORDINANCE APPROPRIATING $40,140.34 TO THE GENERAL FUND GG01, NON -DEPARTMENTAL, ACCOUNT NO. 539120, ENVIRONMENTAL MANAGEMENT CONTRACTS, CENTER NO. 0906601, AND DECREASING THE UNRESTRICTED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT FOR THE PURPOSE OF PROVIDING FUNDS TO PAY EMTECH ENVIRONMENTAL SERVICES, INC., FOR AN ENVIRONMENTAL RISK ASSESSMENT REPORT; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Minutes of City Council R-3 Page 37 RIC THURSDAY, JANUARY 10, 1991 SECTION 5. Ordinance No. 10763 cont. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C G-8998 re There was presented Mayor and Council Communication No. G-8998 from the City replacement bonds Manager, as follows: and interest coupons to replace SUBJECT: CONCURRENT ORDINANCE OF THE CITIES OF FORT WORTH AND DALLAS Dallas -Fort Worth AUTHORIZING THE ISSUANCE OF TWO $5,000 REPLACEMENT BONDS AND Regional Airport INTEREST COUPONS TO REPLACE DALLAS -FORT WORTH REGIONAL AIRPORT American Special AMERICAN SPECIAL FACILITIES REVENUE BONDS (SERIES 1979) Facilities Revenue bonds RECOMMENDATION: It is recommended that the attached ordinance authorizing the issuance of replacement bonds and coupons be adopted by the City Council of the City of Fort Worth. BACKGROUND: The Cities of Dallas and Fort Worth, by ordinance passed concurrently on December 6, 1978, and December 5, 1978, authorized the issuance of and sale of Dallas -Fort Worth Regional Airport American Special Facilities Revenue Bonds, Series 1979, in the aggregate principal amount of $147,000,000, dated January 1, 1979. The two following bonds of the above-described series of bonds are outstanding and unpaid: Bond Nos. 17,825 and 17,826, each in the denomination of $5,000, and bearing interest at the rate of 7.25 percent per annum, payable semi-annually on each November 1 and May 1 (Interest coupon due November 1, 1989, and subsequent coupons appertaining thereto unpaid), and maturing November 1, 2012 (the "Lost Bonds and Coupons"). An affidavit, in due form, verified by Bank One Texas, N.A., the owner of such bonds, to the effect that on or about August 28, 1989, it was discovered that the bonds had been lost from the premises of the owner and could not be found after a diligent search, has been received and is on file in the offices of the Director of Finance of the Dallas -Fort Worth International Airport. At the time the loss occurred, the interest coupon coming due on November 1, 1989, and subsequent coupons were attached to the bonds, and, therefore, neither said coupon nor any subsequent coupons have been presented for payment. Bank One Texas, N.A., as principal, and Firemen's Insurance Company of Newark, New Jersey, as obligor, have posted a bond of indemnity to indemnify the Dallas -Fort Worth International Airport Board, City of Fort Worth, City of Dallas, and NCNB Texas National Bank, paying agent, from any and all claims, actions or suits, and any and all costs and expenses, together with reasonable attorneys' fees, that may be caused by the issuance of replacement bonds and coupons to replace the Lost Bonds and Coupons. This indemnity bond is on file with the Director of Finance of the Dallas -Fort Worth International Airport. The Dallas -Fort Worth International Airport Board, by Resolution adopted on June 7, 1990, requested and recommended that the City Councils of the Cities of Dallas and Fort Worth pass an ordinance to authorize the issuance of replacement bonds and coupons to replace the Lost Bonds and Coupons. It is understood and agreed with the owner of the Lost Bonds and Coupons that the adoption of the attached ordinance and the performance of each and every act ordered by such ordinance and any act or expenditure incidental thereto shall be at no cost to the City of Fort Worth, the City of Dallas or the Dallas -Fort Worth International Airport and shall be borne entirely and be the sole liability of Bank One Texas, N.A., the owner of the Lost Bonds and Coupons. It is the opinion of the Department of Law that all required conditions precedent to the passage of this concurrent bond ordinance have been satisfied and that the lost security bond is sufficient to indemnify the City of Fort Worth in the event the Lost Bonds and Coupons are ever presented for payment., Council Member Chappell and Mayor Pro tempore Garrison announced conflicts of interest and their restraint on voting on Mayor and Council Communication No. G-8998. Council Member Webber requested permission of the City Council to abstain from voting on Mayor and Council Communication No. G-8998. Council Member Gilley made a motion, seconded by Council Member McCray, that Council Member Webber be permitted to abstain from voting on Mayor and Council Communication No. G-8998. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Gilley made a motion, seconded by Council Member Meadows, that the recommendation, as contained in Mayor and Council Communication No. G-8998, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: Minutes of City Council R-3 Page 38 39 THURSDAY, JANUARY 10, 1991 M&C G8998 cont. AYES: Mayor Bolen; Council Members Zapata, Granger, McCray, Gilley, and Meadows NOES: None ABSENT: None NOT VOTING: Mayor Pro tempore Garrison; Council Members Webber and Chappell Introduced an Ordinance Council Member Gilley 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; Council Members Zapata, Granger, McCray, Gilley, and Meadows NOES: None ABSENT: None NOT VOTING: Mayor Pro tempore Garrison; Council Members Webber and Chappell The ordinance, as adopted, is as follows: DALLAS -FORT WORTH INTERNATIONAL AIRPORT CONCURRENT REPLACEMENT BOND ORDINANCE (SERIES 1979, BOND NOS. 17,825 and 17,826) CITY OF DALLAS ORDINANCE NO. Ordinance No. CITY OF FORT WORTH ORDINANCE NO. 10764 10764 AN ORDINANCE RELATING TO THE AUTHORIZATION AND ISSUANCE OF REPLACEMENT BONDS TO BE ISSUED IN LIEU OF "DALLAS -FORT WORTH REGIONAL AIRPORT AMERICAN SPECIAL FACILITIES REVENUE BONDS, SERIES 197911, NUMBERED 17,825 AND 17,826, ALL IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 715a, V.A.T.C.S.; AND PROVIDING FURTHER RECITALS INCIDENT AND RELATED TO SAID BONDS AND OTHER PURPOSES OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of Directors of the Dallas -Fort Worth International Airport (the "Board") has been notified by Bank One, Texas, N.A. that the following described bonds have been lost, misplaced or destroyed, to wit: "Dallas -Fort Worth Regional Airport American Special Facilities Revenue Bonds, Series 1979", dated January 1, 1979, being bonds numbered 17,825 and 17,826, each in the denomination of $5,000.00 scheduled to mature on November 1, 2012 and bearing interest at the rate of 7.25% per annum, and requested that replacement bonds be issued in lieu thereof; and WHEREAS, submitted with such notification and request is a sworn affidavit, executed by Janet Azyman of Bank One, Texas, N.A., attesting that in August, 1989 it is discovered such bonds were missing from the vault at Bank One, Texas, N.A.; said bonds cannot be found and said bonds have not been sold, assigned, endorsed, transferred or otherwise disposed of in any manner by or on behalf of Bank One, Texas, N.A.; and WHEREAS, the Board has also received an indemnity bond from Bank One, Texas, N.A., as Principal, and Fireman's Insurance Company of Newark, New Jersey, as Surety, agreeing to indemnify and save harmless the Dallas -Fort Worth International Airport, City of Dallas, Texas and City of Fort Worth, Texas and NCNB Texas National Bank (successor to Republic National Bank of Dallas and First Republic Bank Dallas, N.A.), Team Bank, Fort Worth, Texas (successor to The Fort Worth National Bank and Texas American Bank/Fort Worth, N.A. and Texas American Bridge Bank/Fort Worth, N.A.) and Morgan Guaranty Trust Company of New York from and against any and all costs, actions, suits, damages, charges or expenses incurred with respect to such lost, mislaid or destroyed bonds and the issuance of replacement bonds in lieu thereof; and WHEREAS, the Council hereby finds and determines that the above referred to instruments and other showings provide protection to the City against expenses or liability resulting from the issuance of the replacement bonds and such request for the issuance of the replacement bonds in lieu of the above-described bonds should be granted; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: SECTION 1: That, in lieu of and as replacement for the lost, misplaced or destroyed "Dallas -Fort Worth Regional Airport American Special Facilities Revenue Bonds, Series 1979", described in the preamble hereof, there shall be and there is hereby authorized to be issued two (2) replacement bonds Minutes of City Council R-3 Page 39 M THURSDAY, JANUARY 10, 1991 pursuant to authority conferred by and in accordance with the laws of the Ordinance No. State of Texas, particularly Article 715a, V.A.T.C.S. 10764 cont. SECTION 2: The replacement bonds herein authorized to be issued shall be numbered 17,1825D and 17,826D, shall be dated June 1, 1990, shall bear interest at the rate of 7.25% per annum, shall mature November 1, 2012, and be optional for redemption in the same manner as the bonds which they are being issued to replace and shall otherwise conform and be subject to all provisions of the City of Dallas Ordinance No. 16034 adopted December 6, 1978, and City of Fort Worth Ordinance No. 7853 adopted December 5, 1978, authorizing the issuance of such original bonds. SECTION 3: The form of the bonds, including the form of the appurtenant interest coupons, and the form of the registration certificate of the Comptroller of Public Accounts shall be, respectively, substantially as follows: (Form of Bond) UNITED STATES OF AMERICA STATE OF TEXAS COUNTIES OF DALLAS AND TARRANT DALLAS -FORT WORTH REGIONAL AIRPORT AMERICAN SPECIAL FACILITIES REVENUE BOND Series 1979 NO. D $5,000 On the 1st day of November, 2012, the Cities of Dallas and Fort Worth (herein collectively called the "Cities"), municipal corporations duly incorporated under the laws of the State of Texas, for value received, hereby jointly promise to pay to bearer, solely from the revenues and funds described herein, the total principal sum of FIVE THOUSAND.DOLLARS and to pay interest thereon from the date hereof to the maturity or earlier redemption of this bond at the rate of 7.25% per annum, evidenced by initially attached coupons payable May 1, 1979, and semi-annually thereafter on each November 1 and May 1. Principal ,'premium, if any, and interest shall be payable in lawful money of the United States of America upon surrender of this bond or the proper coupons as they severally become due, at NCNB Texas National Bank, Dallas, Texas (successor to Republic National Bank of Dallas), or at Team Bank, Fort Worth, Texas (successor to The Fort Worth National Bank), or at Morgan Guaranty Trust Company of New York, New York, New York, paying agents, without exchange or collection charges to the bearer hereof. The bonds of this Series (hereinafter called the "Series 1979 Bonds") maturing on and after November 1, 1989, may be redeemed, at the option of the Cities, prior to their respective stated maturities in whole at any time on or after November 1, 1988, or in part by lot within a maturity on November 1, 1988, and on any interest payment date thereafter, from any moneys (other than the moneys on deposit in the interest and sinking fund therefor) at the respective redemption prices (expressed as percentages of the principal amount of bonds thus optionally redeemed) set forth in the table below, plus accrued interest to the date fixed for redemption to -wit: Redemption Period (Dates Inclusive) Redemption Price November 1, 1988 through October 31, 1989 103% November 1, 1989 through October 31, 1990 102-1/2% November 1, 1990 through October 31, 1991 102% November 1, 1991 through October 31, 1992 101-1/2% November 1, 1992 through October 31, 1993 101% November 1, 1993 through October 31, 1994 100-1/2% November 1, 1994 and thereafter 100% Additionally, Series 1979 Bonds numbered 8,301 to 29,400, both inclusive, are subject to certain mandatory redemption requirements provided and established in the jointly adopted ordinance of the Cities known by the short title 1979 American Airlines Special Facilities Bond Ordinance (the "Ordinance") authorizing the Series 1979 Bonds. Under such provisions, a specified number of Series 1979 Bonds maturing November 1, 2005, shall be selected by lot in each of the years 2000 through 2004 and a specified number of Series 1979 Bonds maturing November 1, 2012 shall be selected by lot in each of the years 2006 through 2011. Series 1979 Bonds so selected shall be redeemed for a redemption price equal to the principal amount thereof and accrued interest to the date of redemption and without premium. The Series 1979 Bonds bearing such numbers which are not thus selected and mandatorily redeemed during said years shall be paid at their respective stated maturities. Said mandatory redemptions and payments at maturity shall be accomplished from moneys required by the Ordinance to be deposited into the interest and and sinking fund for the Series 1979 Bonds. Minutes of City Council R-3 Page 40 41 THURSDAY, JANUARY 10, 1991 Ordinance No. In addition, the Series 1979 Bonds shall be redeemed as a whole at any 10764 cont. time not later than 120 days after interest on the Series 1979 Bonds shall be finally determined, upon the basis of a ruling of the Internal Revenue Service or a determination by a court of competent jurisdiction, to be includable for Federal income tax purposes in the income of all recipients thereof .subject to Federal income taxation, provided that such determination of taxability is a result of the failure to compels with either of the covenants contained in the Ordinance to the effect that: (i) throughout the term of the Series 1979 Bonds, the Cities will comply with the requirements of Section 103(C) of the Internal Revenue Code of 1954, as amended, so that the Series 1979 Bonds will not at any time become arbitrage bonds as therein provided; or (ii) the Dallas -Fort Worth Regional Airport Board, acting on behalf of the Cities, will not expend the proceeds of the Series 1979 Bonds for any purpose or undertake, or permit American Airlines, Inc. to undertake or permit, any act or use of the leased premises which would cause such to be facilities other than those described as exempt facilities in Section 103(b)(4) of the Internal Revenue Code of 1954, as amended. Series 1979 Bonds redeemed pursuant to this paragraph shall be at a redemption price equal to the principal amount thereof and accrued interest to the date of redemption and without premium. When Series 1979 Bonds shall be redeemed pursuant to any of the foregoing, the specific bonds to be redeemed shall be determined and a written notice of such redemption shall be given in the manner specified in the Ordinance. By the date filed for any such redemption, due provision shall be made with the paying agents for the payment of the principal amount of the bonds to be so redeemed, redemption premium, if any, and accrued interest thereon to the date fixed for redemption. If the written notice of redemption is published, and if due provision for payment is made, all as provided above, the bonds, which are to be so redeemed, thereby automatically shall be redeemed prior to maturity, and they shall not bear interest after the date fixed for redemption, and shall not be regarded as being outstanding for any purpose except for the purpose of receiving the funds so provided for such payment. This bond is one of a duly authorized issue of bonds, dated January 1, 1979, numbered from 1 through 29,400, in the denomination of $5,000 each, aggregating $147,000,000, issued by the Cities so as to provide funds for the purpose of acquiring, constructing, fabricating and installing certain Additional Special Facilities for the jointly owned Dallas -Fort Worth Regional Airport of the Cities. For the purpose of securing the payment of the Series 1979 Bonds, the Cities have jointly pledged in the Ordinance their respective interests in certain moneys therein referred to and defined as "Pledged Revenues," said pledge being on a parity as to lien and right with certain previously issued and outstanding bonds of the Cities payable from the same source, all as defined and referred to in the Ordinance. The term "Pledged Revenues" includes certain net rents to be derived by the Dallas - Fort Worth Regional Airport Board (the "Board") under and pursuant to the terms of a certain American Airlines Special Facilities Lease Agreement (the "Facilities Agreement"), dated as of October 1, 1972, as supplemented by two certain American Airlines Supplemental Special Facilities Agreements (the "Supplemental Facilities Agreements"), dated respectively as of February 1, 1973, and December 1, 1979, the same being executed between the Board and American Airlines, Inc., a certificated air carrier serving and served by said Airport. Said Pledged Revenues, including said net rent, will be on deposit from time to time in various funds referred to and confirmed in the Ordinance, and are unconditionally and irrevocably committed and pledged to the purposes specified for said funds including the payment of this and two other outstanding series of bonds, and other bonds, if any, which may be issued hereafter. Reference is made to the Ordinance and to the Facilities Agreement and the Supplemental Facilities Agreements for a further description of Pledged Revenues and said net rent, the nature and extent of the security thereof, a statement of the rights, duties and obligations of each of the Cities, the rights and remedies of bondholders in the event of default thereunder, and further rights of bondholder, to all the provisions of which the holder hereby by the acceptance of this bond assents and agrees. This bond is a replacement bond issued to replace certain bonds of this series bearing a date of January 1, 1979 and such replacement bond is of like tenor and effect as the bond which it is issued to replace except as to its date of June 1, 1990 and to its execution by officers of the Cities. As provided in the Ordinance, the obligations of the Cities to pay money hereon out of Pledged Revenues are joint, and not several, and no claim, demand, suit or judgment shall ever be asserted, entered or collected against or from one City without the other and no individual liability shall ever exceed in the case of Dallas 7/11ths of the total amount thereof, and in the case of Fort Worth 4/11ths of the total amount thereof, and such sums shall be payable and collectable solely from the funds in which Pledged Revenues shall from time to time be on deposit. American Airlines, Inc. has unconditionally guaranteed to NCNB Texas National Bank, Dallas, Texas (successor to Republic National Bank), as Trustee on behalf of the holders of the Series 1979 Bonds and the coupons Minutes of City Council R-3 Page 41 THURSDAY, JANUARY 10, 1991 Ordinance No. appertaining thereto the payment of the principal of and premium, if any, and 10764 cont. interest on the Series 1979 Bonds pursuant to a certain Guaranty Agreement between said parties, dated as of December 1, 1978. Reference is made to such Guaranty Agreement for a further description of the rights of bondholders and the obligations of American Airlines, Inc. thereunder. The holder hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. It is hereby certified and recited that all acts and things required by the Constitution and Laws of the State of Texas to be done, to exist, and to be performed precedent to and in the issuance of this bond and the Series of which it is one, the adoption of the Ordinance and the execution and delivery of the Facilities Agreement and the Supplemental Facilities Agreements have been done, do exist and have been performed as so required. IN WITNESS WHEREOF, the City Council of the City of Dallas, Texas, has caused the seal of that City to be impressed, printed or lithographed hereon and this bond to be signed by the facsimile signature of its Mayor and countersigned by the facsimile signatures of its City Auditor and its City Secretary; and the City of Fort Worth, Texas, has caused the seal of that City to be impressed, printed or lithographed hereon and this bond to be signed by the facsimile signature of its Mayor, countersigned by the facsimile signature of its City Secretary, and approved as to form and legality by the facsimile signature of its City Attorney; and each said City Council has caused the attached coupons to be signed by the facsimile signature of the Mayor and City Auditor of the City of Dallas and by the Mayor and City Secretary of the City of Fort Worth, all as of June 1, 1990. M&C G-8999 re There was presented Mayor and Council Communication No. G-8999 from the City Refund of Tax Manager stating that the Texas Property Tax Code requires that a taxpayer must request overpayments a refund for tax overpayment within three years of that payment; that Section 31.11 of the Property Tax Code further requires approval by the governing body before refunding overpayments or erroneous payments in instances where the refund exceeds $500.00; that the Revenue Collection Division of the Finance Department has verified that the following erroneous payment or overpayments were made and recommends refunds, as follows: ACCOUNT NO. LEGAL DESCRIPTION NAME AMOUNT 0238-62-67 Lot 13 Blk 15 Trinity Western Title Co. $ 914.62 1990 Taxes Ridgecrest Add (FW) (City & School) Taxes Paid Twice 0566-38-30 Lot 4 Blk C P.A. Peters 4,804.63 1989 Taxes Bell Industrial Dist. (City Only) Taxes Paid Twice $5,719.25 (ACCOUNT TOTALS $5,719.25) Mayor Pro tempore Garrison made a motion, seconded by Council Member Meadows, that the recommendation 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 Webber NOES: Council Member Chappell ABSENT: None Minutes of City Council R-3 Page 42 Mayor Pro tempore Garrison made a motion, seconded by Council Member Gilley, that the City Council approve the refund of tax overpayments totalling $5,719.25. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-9000 re There was presented Mayor and Council Communication No. G-9000 from the City approved the Manager stating that, at the City Council workshop on January 3, 1991, Elaine Petrus, Forest Park con- Chairperson of the Park and Recreation Advisory Board, presented the Board's ceptual parking recommendation that the City Council approve the Forest Park conceptual parking plan; plan that the plan will provide for approximately 960 spaces in an area from the east gate of the Zoo to Colonial Parkway between Flamingo Drive and Park Place Drive; that the Board further recommended that the parking lot be designed to be aesthetically pleasing, well landscaped with trees and flowers in the medians, with a 50 foot landscaped buffer parallel to Colonial Parkway, and with pedestrian walkways; that approximately 160 parking spaces be provided on Park Place -Drive for overflow parking; and that City Council look for a permanent offsite parking alternative to meet the increase in future parking needs; and recommending that the City Council approve the Forest Park conceptual parking plan as recommended by the Park and Recreation Advisory Board. Mayor Pro tempore Garrison made a motion, seconded by Council Member Meadows, that the recommendation 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 Webber NOES: Council Member Chappell ABSENT: None Minutes of City Council R-3 Page 42 M&C P-4670 re - purchase agreement with Chemlink - Ind. Petroleum Chemicals to supply polymer to the Water Depart -2 ment M&C P-4670 adopted M&C P-4671 re purchase agreement with Acosta Clean- ing Services, DBA T & L Janitorial, inc. to provide Janitorial service for the eight Branch and Region- al Libraries M&C P-4672 re purchase agreement for the water treatment chemical for the Water De- partment from various vendors 43 THURSDAY, JANUARY 10, 1991 There was presented Mayor and Council Communication No. P-4670 from the'City Manager, as follows: SUBJECT: AMEND THE PURCHASE AGREEMENT WITH CHEMLINK - IND. PETROLEUM CHEMICALS TO SUPPLY POLYMER FOR THE WATER DEPARTMENT RECOMMENDATION: It is recommended that the City Council authorize: 1. An amendment to the purchase agreement with Chemlink - Ind. Petroleum Chemicals to supply polymer to the Water Department on the bid of unit prices at $.087 per pound; and 2. The agreement to expire the same date of the existing agreement, July 7, 1991. DISCUSSION: On July 6, 1989, M&C P-3573, Council authorized a purchase agreement with Chemlink - Ind. Petroleum Chemicals to supply polymer at a cost of $.0629 per pound. The agreement was renewed by M&C P-4297. In August, 1990, the wastewater treatment plant changed the process of treating secondary solids from centrifugation to dissolved air flotation thickener (DAFT). The Perchem 5P66, that worked well in the centrifuges, is not very effective in the DAFT process. Chemlink conducted some field tests and determined the Perchem 575P was more effective in the DAFT process. On December 5, 1990, a truckload of Perchem 575P was ordered on a test basis to determine if the new polymer works as well as the bench test indicated. After four days of observation and test results, it is apparent that Perchem 575P produces superior results at approximately 2/3 the dosage. Under the present agreement, the City pays 0.0629 cents/lb. for Perchem 5P66 and Chemlink has agreed to charge 0.087 cents/lb. for Perchem 575P. Although the price per pound is higher, the cost per ton solids treated will be less, so overall polymer cost will be less: (0.087 x 67% = 0.058$/lb.). In the agreement No. 89-AO408, it is stated under special condition No. 9, "the City reserves the right at any time during the period of this contract to substitute other polymer manufactured by the successful bidder if tests indicate it is to the benefit of the City." This polymer is to the benefit of the City in both cost and performance. Therefore, staff requests an amendment to the purchase agreement with Chemlink be authorized to allow the purchase of the newly tested polymer. FINANCING: Budgeted funds are sufficient to cover the anticipated expenditure by the department participating in this agreement. All purchase orders issued against this agreement will be reviewed for sufficiency of funds prior to release. It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. P-4670, be adopted. There was presented Mayor and Council Communication No. P-4671 from the City Manager stating that a one-year purchase agreement, containing two one-year options for renewal, was authorized by City Council on January 3, 1989, by Mayor and Council Communication No. P-3126 with Acosta Cleaning Services to provide janitorial services to the Fort Worth Public Library; that the City Council authorized exercising the first renewal option on January 2, 1990; that service has continued to be satisfactory; stating that funds are available in General Fund GG01, Center No. 0841000, Account No. 539120; and recommending that the City Council exercise the second option for renewal of the purchase agreement with Acosta Cleaning Services, dba T&L Janitorial, Inc., to provide janitorial services for the eight Branch and Regional Libraries on a monthly basis of $4,430.00 per month, with term of agreement to begin January 1, 1991, and end December 31, 1991. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. P-4672 from the City Manager submitting a tabulation of bids received for purchase agreements for water treatment chemicals for the Water Department; stating that budgeted funds are sufficient to cover the anticipated expenditure by the department participating in this agreement; and recommending that: 1. The City Council authorize purchase agreements for water treatment chemicals for the Water Department from the following vendors on the low bid per line meeting specifications: ITEM NO. DESCRIPTION VENDOR 1 Aluminum Sulfate, General Chemical liquid Minutes of City Council R-3 Page 43 UNIT PRICE ***$131.92/ton M.- THURSDAY, JANUARY 10, 1991 2 Anhydrous Ammonia Willard Grain & Feed, $236.00/ton M&C P-4672 cont. Feed, Inc. 3 Activated Carbon, Acticarb $716.11/ton powdered 4 Activated Carbon, Acticarb $ 0.508125/lb. 50 # bags 5 Caustic Soda, DPC Industries *$353.87/ton liquid 6 Chlorine, 1 ton DPC Industries $455.00/ton cylinder plus superfund **and demurrage charge 7 Chlorine, 150 lb. DPC Industries $ 67.50/cylin- cylinder der plus super- fund **and cylinder demur- rage charge 8 Chlorine, Bulk DPC Industries Co. $295.00/ton 9 Storage tanks DPC Industries Co. $600.00/mo. per tank (lease) 10 Ferric Sulfate, .Tennessee Chemical Co. $122.00/ton dry-bulk plus freight and fuel sur- charge 11 Ferric Sulfate, Tennessee Chemical Co. $145.00/ton dry-bagged plus freight and fuel sur- charge 12 Ferric Sulfate, FE3, Inc. $ 92.00/ton liquid 13 Hydrofluosilicic LCI, Ltd. $144.90/ton Acid 14 Lime, Hydrated- Texas Lime Co. $ 85.30/ton bagged plus freight 15 Lime, Hydrated- Texas Lime Co. $ 65.10/ton bulk plus freight 16 Quicklime, pebble Texas Lime Co. $ 65.10/ton plus freight 17 Calcium Hypochlo- DPC Industries $2,580.00/ton rite 18 Potassium Perman- Carus Chemical $2,573.87.ton ganate * Price subject to change without notice based on uncertain product market and fuel charges. ** No. 7 Superfund = $2.70 per ton Demurrage - 60 days free use, $45.00 per ton, per month thereafter. No. 8 Superfund = $2.70 per ton ($0.2025 per cylinder) Demurrage - 30 days free use, $5.00 per cylinder, per month thereafter. *** Price is firm until January 1, 1992. 2. The agreement to begin January 10, 1991, and end one year later, with one additional year option to renew. It was the consensus of the City Council that the recommendations be adopted. M&C P-4672 adopted : There was presented Mayor and Council Communication No. P-4673 from the City M&C P-4673 re i Manager submitting a tabulation of bids received for a purchase agreement to supply purchase agreement clutches and bearings to the City Services Department; stating that budgeted funds are to supply clutches sufficient to cover the anticipated expenditure by the department participating in the and bearings with agreement; and recommending that the City Council authorize: Ogburn Brake and 1. A purchase agreement with Ogburn Brake and Equipment to supply clutches ,Euquipment and bearings to the City Services Department on the low bid meeting specifications of the following unit prices: Minutes of City Council R-3 Page 44 M&C P-4673 cont. M&C P-4673 adopted M&C L-10361 re acquisition of permanent easement THURSDAY, JANUARY 10, 1991 It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Manager recommending that the City easement in Lot 21, Block 10, Overton by George E. Shaner and Dorothy M. mid -block streetlighting. It wa recommendation be adopted. 45 ;ouncil Communication No. L-10361 from the City pay a consideration of $1.00 for a permanent Park Addition; located at 3765 Arroyo Road; owned Shaner; and required for the installation of s the consensus of the City Council that the M&C L-10362 re There was presented Mayor and Council Communication No. L-10362 from the City execution of an Manager stating that, to facilitate new construction at the Rolling Hills Water easement granting Treatment Facility, the Water Department has requested the relocation of a TU Electric right-of-way to feeder line crossing a portion of the City property; that, to accomplish the TU Electric relocation, TU Electric must obtain the necessary right-of-way from the City; that a portion of the existing right-of-way easement containing the electric line that is to be relocated will be abandoned and revert back to the City once the new feeder line has been relocated and placed in service; that, as determined by the review of an in-house appraisal, it is the opinion of the Director of the Real Property Management Department that this easement should be conveyed to TU Electric for the fair market value of $10.00 and that such conveyance does not violate the provisions of Chapter 27, Section 272.001 of the Local Government Code; stating that the City will not incur any expenses in the granting of this easement; and recommending that the City Manager be authorized to execute an easement granting right-of-way to TU Electric across a portion of Block A -R, Rolling Hills Water Treatment Plant Site Addition for a consideration of $10.00. It was the consensus of the City Council that the recommendation be adopted. M&C L-10363 re There was presented Mayor and Council Communication No. L-10363 from the City acquisition of Manager recommending that the City pay a consideration of $1.00 for an permanent and irregularly-shaped permanent and temporary easement, of various widths, from Block 8, temporary easement Watson's Addition, as recorded in Volume 2195, Page 578, DRTCT, extending approximately 205 feet along the easterly line of Block 8 from Milam Street to Lyons Avenue; located east of I-35 along Trinity River; owned by Tarrant County; and required for Sanitary Sewer M-245. It was the consensus of the City Council that the easements be acquired as recommended and that the expenditure be charged to Sewer Capital Improvements Fund PS58, Account No. 541100, Center No. 016580170810. Minutes of City Council R-3 Page 45 DESCRIPTION AMOUNT 1 Clutch Disc CD3191 $20.78 2 Clutch Disc CD3735 $17.72 3 Clutch Disc CD5210 $30.26 4 Clutch Disc CD5139 $37.53 5 Lipe Clutch Disc CD140-9-1027 $44.97 6 National Clutch Disc NBC581A $17.72 7 Pressure Plate National 1741 $51.94 8 Pressure Plate National 1859 $24.23 9 Pressure Plate National 1872 $25.71 10 Pressure Plate National 2123 $62.39 11 Pressure Plate Midwest CA1239 $39.06 12 Bearing -Bower -BCA V1505C $15.52 13 Bearing -Bower -BCA C1697C $20.23 14 Bearing -Bower -BCA I2005C $21.58 15 Bearing -Bower -BCA FB1625C $ 7.02 16 Bearing -Bower -BCA 614018 $14.20 17 Surface 9" Standard flat flywheel $18.00 18 Surface 9" Cup type recessed flywheel $22.50 19 Surface 10" Standard flat flywheel $20.00 20 Surface 10" Cup type recessed flywheel $25.00 21 Surface 11" Standard flat flywheel $22.00 22 Surface 11" Cup type recessed flywheel $27.50 23 Surface 12" Standard flat flywheel $24.00 24 Surface 12" Cup type recessed flywheel $30.00 25 Surface 13" Standard flat flywheel $26.00 26 Surface 13" Cup type recessed flywheel $32.50 27 Surface 14" Standard flat flywheel $28.00 28 Surface 14" Cup type recessed flywheel $35.00 29 Surface 15" Standard flat flywheel $30.00 30 Surface 15" Cup type recessed flywheel $37.50 31 Surface 16" Standard flat flywheel $32.00 32 Surface 16" Cup type recessed flywheel $40.00 33 Surface 17" Standard flat flywheel $34.00 34 Surface 17" Cup type recessed flywheel $40.00 35 Surface 18" Standard flat flywheel $36.00 36 Surface 18" Cup type recessed flywheel $40.00 37 Unspecified clutch disc, pressure plates, springs, clips and other clutch parts will be sold to the City at Jobber list price less 15 percent (Midwest Clutch). Unspecified clutch bearings will be sold to the City at Jobber list less 60 percent. 2. The agreement period to begin January 3, 1991, and end one year later, with option to renew for one additional year. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Manager recommending that the City easement in Lot 21, Block 10, Overton by George E. Shaner and Dorothy M. mid -block streetlighting. It wa recommendation be adopted. 45 ;ouncil Communication No. L-10361 from the City pay a consideration of $1.00 for a permanent Park Addition; located at 3765 Arroyo Road; owned Shaner; and required for the installation of s the consensus of the City Council that the M&C L-10362 re There was presented Mayor and Council Communication No. L-10362 from the City execution of an Manager stating that, to facilitate new construction at the Rolling Hills Water easement granting Treatment Facility, the Water Department has requested the relocation of a TU Electric right-of-way to feeder line crossing a portion of the City property; that, to accomplish the TU Electric relocation, TU Electric must obtain the necessary right-of-way from the City; that a portion of the existing right-of-way easement containing the electric line that is to be relocated will be abandoned and revert back to the City once the new feeder line has been relocated and placed in service; that, as determined by the review of an in-house appraisal, it is the opinion of the Director of the Real Property Management Department that this easement should be conveyed to TU Electric for the fair market value of $10.00 and that such conveyance does not violate the provisions of Chapter 27, Section 272.001 of the Local Government Code; stating that the City will not incur any expenses in the granting of this easement; and recommending that the City Manager be authorized to execute an easement granting right-of-way to TU Electric across a portion of Block A -R, Rolling Hills Water Treatment Plant Site Addition for a consideration of $10.00. It was the consensus of the City Council that the recommendation be adopted. M&C L-10363 re There was presented Mayor and Council Communication No. L-10363 from the City acquisition of Manager recommending that the City pay a consideration of $1.00 for an permanent and irregularly-shaped permanent and temporary easement, of various widths, from Block 8, temporary easement Watson's Addition, as recorded in Volume 2195, Page 578, DRTCT, extending approximately 205 feet along the easterly line of Block 8 from Milam Street to Lyons Avenue; located east of I-35 along Trinity River; owned by Tarrant County; and required for Sanitary Sewer M-245. It was the consensus of the City Council that the easements be acquired as recommended and that the expenditure be charged to Sewer Capital Improvements Fund PS58, Account No. 541100, Center No. 016580170810. Minutes of City Council R-3 Page 45 46 THURSDAY, JANUARY 10, 1991 &C L-10364 re There was presented Mayor and Council Communication No. L-10364 from the City cquisition of Manager recommending that the City pay a consideration of $1.00 for a permanent ermanent easement easement in Lot 20, Block 10, Overton Park Addition; located at 3781 Arroyo Road; owned by Ellen F. Arena; and required for the installation of mid -block streetlighting. It was the consensus of the City Council that the easement be acquired as recommended. &C L-10365 re There was presented Mayor and Council Communication No. L-10365 from the City cquisition of Manager recommending that the City pay a consideration of $1.00 for an ermanent and irregularly-shaped permanent easement out of Tract 1, N.A. Roberts Survey, emporary construc Abstract 1275 as recorded in Volume 9357, Page 344, Deed Records, Tarrant County, ion easements Texas, same being 20.00 feet in width and 1,369.71 feet in depth and lies east of North Beach Street; and two irregularly-shaped temporary construction easements out of Tract 1, N.A. Roberts Survey, Abstract 1275 as recorded in Volume 9357, Page 344, Deed Records, Tarrant County, Texas; with each strip being 25.00 feet in width and approximately 1,370.0 feet in depth and lying adjacent to and contiguous with the north line of the described permanent easement and the other adjacent to and contiguous with the south line of the described permanent easement; located east of Beach Street, north of Thompson Road, south of Shriver Road; owned by Hillwood/Park Glen Ltd., (J. Michael Poss, President); and required for White Branch Interceptor Sewer, Contract 4. It was the consensus of the City Council that the easements be acquired as recommended and that the expenditure be charged to Sewer Capital Improvements Fund PS58, Account No. 541100, Center No. 016580170810. &C L-10366 re There was presented Mayor and Council Communication No. L-10366 from the City nsti tute eminent Manager, as follows: omain proceedings o acquire perman- SUBJECT: REQUEST FOR AUTHORITY TO CONDEMN LOT 1, BLOCK A -R RIVERSIDE nt drainage ADDITION TO CONSTRUCT ESSENTIAL PUBLIC IMPROVEMENTS TO SANITARY SEWER M-130; OWNER SHARON L. FENTRESS, ACCT. NO. PS58-541100-016580170830 11 RECOMMENDATION: It is recommended that the City Council declare the necessity of taking certain land for the purpose of constructing essential public improvements heretofore authorized by the Council as set out below and that authority be given to the City Attorney to institute eminent domain proceedings to acquire the following described land: 1. Name of Project: Sanitation Sewer Rehabilitation; M-130 Riverside Addition. 2. Type of Acquisition: Outright Purchase/Permanent Sanitary Sewer, Drainage and Temporary Construction Easements. 3. Description of Land: Drainage Easement -1 - An irregularly shaped strip of land 42.03 feet in width and 105.33 feet in length out of Lot 1, Block A -R, Riverside Addition, Third Filing as recorded in Volume 6713, Page 1395, Deed Records, Tarrant County, Texas. This strip of land is located in the southeast corner of Lot 1, along the existing sanitary sewer easement and contains 4,353.4 square feet of land as required for a permanent drainage easement. Drainage Easement -4 - An irregularly shaped strip of land being 17.99 feet in width and 86.42 feet in length out of Lot 1, as described above. This easement is located on the north side of the existing sanitary sewer easement, containing 1,368.2 square feet as required for a permanent drainage easement. Permanent Easement -1 - An irregularly shaped strip of land 20.22 feet in width and 85.54 feet in length out of same Lot 1, as described. This strip of land lies along the drainage easement DE -4; containing 1,599.6 square feet of land as required for a permanent easement. Temporary Construction Easement -5 - An irregularly shaped strip of land situated due north of the above described permanent easement containing 2,135.5 square feet of land as required for a construction easement. Square Feet: DE -1 - 4,353.4 square feet Zoning: "J" Light Industrial DE -4 - 1,368.2 square feet PE -1 - 1,599.6 square feet TCE-5 - 2,135.5 square feet Description of Improvements: None in taking. Map Furnished: Parcel No. DE -1 DE -4 PE -1 TCE-5 4. Supplemental Information The Real Property Division has been unable to reach an agreement with the owner. Minutes of City Council R-3 Page 46 M&C L-10366 cont. THURSDAY, JANUARY 10, 1991 Location: 700 Block of Denair Street 4'7 Owner: Sharon L. Fentress 5. Land Agent: Frances Sargeant M&C L-10366 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. L-10366, be adopted. M&C L-10367 re There was presented Mayor and Council Communication No. L-10367 from the City acquisition of Manager, as follows: sanitary sewer and temporary construc SUBJECT: ACQUISITION OF LAND FOR CONSTRUCTION EASEMENT FROM: LOT 18 BLK 16 tion easements RYAN SOUTH; LOTS 10 & 11 RIVERCREST ADDITION; LOTS 2, 4, 5, AND 6 BLOCK 5 SUNSET ACRES; TRACT II, N.H. CARROLL SURVEY ABST. 264; AKA 1124E MULKEY; OAK FOREST DRIVE AT DENNIS STREET RESPECTIVELY RECOMMENDATION: It is recommended. that approval be given for the acquisition of the land and/or easements described below: 1. Project Name: Mississippi Avenue and Morphy Street Type of Acquisition: Dedication/Temporary Construction Easement Description of Land: A rectangularly shaped parcel of land 25 feet in depth and 20 feet in length adjacent to the easterly property line of Lot 18, Block 16, Ryan South East Addition, as recorded in Volume 388, Page 7, Deed Records, Tarrant County, Texas. This parcel of land is located 24 feet north from the southeast corner of said lot and contains 725 square feet as required for right-of-way. Square Feet: 725 Zoning: "A" One -Family Parcel No.: 4 Consideration: $1.00 Location: 1124 E. Mulkey St. Owner: William J. Grayson and wife, J.J. Grayson Financing: Sufficient funds are available in Street Improvement, Fund GS67, Center No. 016670951060. Expenditures will be made from Account No. 541100. Land Agent: Aleeta Hackney 2. Project Name: M -199B Relief Main Type of Acquisition: Dedication/Sanitary Sewer and Temporary Construction Easements Description of Land: Parcel 2A (Sanitary Sewer Easement) - An irregularly shaped parcel of and out of Blocks 10 and 11, River Crest Addition, as recorded in Volumes 4033 and 4030, Pages 509 and 290 respectively, Deed Records, Tarrant County, Texas; Block V, Lots 4, 5, and 6, Sunset Acres Addition, as recorded in Volume 4026, Page 651, Deed Records, Tarrant County, Texas. This parcel of land lies on the eastern half of the above-mentioned lots and is approximately 1,546 feet in length and contains 49,197 square feet as required for a Sanitary Sewer Easement. Parcel 2A (Temporary Construction Easement) - An irregularly shaped parcel of land 20 feet in width o�Fi—side of the above-described Sanitary Sewer Easement and lies parallel and adjacent to it and contains 49,197 square feet as required for a temporary construction easement. Parcel 2B (Sanitary Sewer Easement) - A triangularly shaped parcel of and out of Lot Block V, Sunset Acres Addition, as recorded in Volume 4030, Page 57, Deed Records, Tarrant County, Texas. This parcel of land lies on the southwest corner of said lot and is 12.68 feet on the west, 25.01 feet on the south and the hypotenuse being 29.33 feet and contains 160 square feet as required for a Sanitary Sewer Easement. Parcel 2B (Temporary Construction Easement) - An irregularly shaped parcel of land 23.59 feet in width on the west boundary and 45.88 feet in width on the southeast boundary and 83.21 feet in length on the north boundary of the above-described Sanitary Sewer Easement and contains 1,124 square feet as required for a temporary construction easement. Minutes of City Council R-3 Page 47 THURSDAY, JANUARY 10, 1991 M&C L-10637 cont. Parcel 2C (Sanitary Sewer Easement) - An irregularly shaped parcel of land 35.20 feet in width out of Tract II, the N.H. Carroll Survey, Abstract No. 264, as recorded in Volume 4043, Page 303, Deed Records, Tarrant County, Texas. This parcel of land is approximately 78.78 feet in length and contains 2,690 square feet as required for a Sanitary Sewer Easement. Parcel 2C (Temporary Construction Easement) - An irregularly shaped parcel ofand d being parallel and adjacent to each side of the above-described Sanitary Sewer Easement and being 100.94 feet in length on the east boundary, 92.84 feet in length on the west boundary, and contains 49575 square feet as required for a temporary construction easement. Square Feet: Parcel 2A (S.S.E.) - 49,197 Parcel 2A (T.C.E.) - 49,197 Parcel 2B (S.S.E.) - 160 Parcel 2B (T.C.E.) 1,124 Parcel 2C (S.S.E.) - 2,690 Parcel 2C (T.C.E.) 4,575 Zoning: "A" One -Family Residential Description of Improvements: None in the taking Parcel Nos.: 2A, 2B, and 2C Consideration: $1.00 Location: Oak Forest Drive at Dennis Street Owner: Tarrant County Water Control and Improvement District No. 1 Financing: Sufficient funds are available in Sewer Capital Improvements Fund PS58, Account No. 541100, Center No. 016580170810. Assistant City Assistant City Manager Ramon Guajardo appeared before the City Council regarding Manager Ramon the issue of the closing of Von Street and advised the City Council of the appropriate G ua jardo re motion should it wish to deny Mayor and Council Communication No. C-12662. M&C C-12662 When the motion, that Mayor and Council Communication No. C-12662 be denied and that City staff be instructed to include the possible vacation of Von Street in the current application being processed for streets to be vacated around Meacham Airport not currently being utilized, was put to a vote by the Mayor, it prevailed unanimously. M&C C-12681 re fund transfer con- tract with L.D. Conatser, Inc. for water main rehabil itation There was, presented Mayor and Council Communication No. C-12681 from the City Manager submitting a tabulation of bids received for the water main rehabilitation at Three Locations, Contract "S"; and recommending that the City Council: 1. Authorize a fund transfer in the amount of $171,500.00* from Water and Sewer Operating Fund PE45, Center No. 0609020, Water Capital Projects, to Water Capital Improvement Fund PW53, Center No. 060530171400, Water Rehabilitation Three Locations, Contract "S"; and Minutes of City Council R-3 Page 48 Land Agent: Jane G. Goodspeed M&C L-10367 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. L-10367, be adopted. M&C C-12654 cont. It was the consensus of the City Council that Mayor and Council Communication until next regular No. C-12654, Award of Contract for Processing/Disposal of Brush and Bulky Waste to ly scheduled City Waste Management, Inc., be continued until the next regularly -scheduled City Council Council Meeting meeti ng. There was presented Mayor and Council Communication No. C-12662, dated M&C C-12662 re December 18, 1990, from the City Manager stating that Dr. Bill and Chuckie Hospers, authorizing right- owners of BC Vintage Flying Machines adjacent to Meacham Airport, have made application of -way encroachment to the City of Fort Worth to continue the existence of a long-standing encroachment in in Von Street by the public right-of-way; that the encroachment consists of a building addition to a B.C. Vintage FlyinS hangar situated on the east side of Von Street between 37th and 38th Streets; that, Machines although the right-of-way is dedicated as a street, but historically has not been used as a street; that a member of the Encroachment Committee has made an on-site inspection of the building and surrounding area and it appears that the continuance of the encroachment will have no adverse effect on the street right-of-way; and recommending that the City Manager, or his designee, be authorized to enter into a standard consent agreement with B.C. Vintage Flying Machines, with such agreement allowing the continuance of a building encroachment into Von Street between 37th and 38th Streets. Council Member Zapata made a motion, seconded by Council Member Webber, that Mayor and Council Communication No. C-12662 be denied and that the City staff be instructed to include the possible vacation of Von Street in the current application being processed for streets to be vacated around Meacham Airport not currently being utilized. Assistant City Assistant City Manager Ramon Guajardo appeared before the City Council regarding Manager Ramon the issue of the closing of Von Street and advised the City Council of the appropriate G ua jardo re motion should it wish to deny Mayor and Council Communication No. C-12662. M&C C-12662 When the motion, that Mayor and Council Communication No. C-12662 be denied and that City staff be instructed to include the possible vacation of Von Street in the current application being processed for streets to be vacated around Meacham Airport not currently being utilized, was put to a vote by the Mayor, it prevailed unanimously. M&C C-12681 re fund transfer con- tract with L.D. Conatser, Inc. for water main rehabil itation There was, presented Mayor and Council Communication No. C-12681 from the City Manager submitting a tabulation of bids received for the water main rehabilitation at Three Locations, Contract "S"; and recommending that the City Council: 1. Authorize a fund transfer in the amount of $171,500.00* from Water and Sewer Operating Fund PE45, Center No. 0609020, Water Capital Projects, to Water Capital Improvement Fund PW53, Center No. 060530171400, Water Rehabilitation Three Locations, Contract "S"; and Minutes of City Council R-3 Page 48 49 ' THURSDAY, JANUARY 10, 1991 M&C C-12681 cont. 2. Authorize the City Manager to execute a construction contract with L.D. Conatser, Inc.-, for the water main rehabilitation at Three Locations, Contract "S", on the low bid of $153,885.00. M&C C-12681 adoptec It was the consensus of the City Council that the recommendations be adopted. It was the consensus of the City Council that Mayor and Council Communication M&C C-12682 with- No. C-12682 be withdrawn from the agenda. drawn from agenda was presented Mayor and Council Communication No. C-12683 from the City M&C C-12683 reThere Manager, as follows: approved Change Order No. 1 with SUBJECT: PROPOSED CHANGE ORDER NO. 1 TO THE NORTHSIDE II WATER TRANSMISSION Rhode Construction MAIN, PHASE II, SECTION II, CONTRACT 1 (RHODE CONSTRUCTION CO.) Company for con- struction of North RECOMMENDATION• side II Water Tran- ransmission smissionMain, It is recommended that the City Council authorize Change Order No. 1 in the Phase II, Section amount of $22,910.00 to City Secretary Contract No. 18102 with Rhode II, Contract 1 Construction Co. for construction of the Northside II Water Transmission Main, Phase II, Section II, Contract 1, revising the total contract cost to $1,590,259.65. M&C C-12683 adopte M&C C-12684 re consent agreement with Hydraulics, Inc. to allow construction of a privat conduit in West Bowie and St. Louis Streets M&C C-12685 re authorized fund transfer to the Engineering Agree- ment with J.B. Davies, Inc. for engineering servic relating to the Sanitary Sewer Main 199-B PROJECT NO.: PW77-060770140030 BACKGROUND: On September 18, 1990 (M&C C-12507), the City Council authorized the award of a contract to Rhode Construction Co. for construction of the Northside II Water Transmission Main, Phase II, Section II, Contract 1. PROPOSED CHANGE ORDER: During construction, additional concrete and reinforcing steel was added to the butterfly valve vault, at Station 1 + 30, at the request of the Engineer. These materials were necessary to provide additional blocking of the butterfly valve to allow the proposed water line to remain in service while the future Northside II Water Transmission Main, Phase II, Section II, Contract 2 is under construction. The contractor, Rhode Construction Co., will perform this additional work for $22,910. The proposed change is as follows: Add concrete and rebar to butterfly valve vault at Lump Sum $ 22,910.00 The net effect of the proposed change order is as follows: Original Contract Cost $1,567,349.65 Proposed Change Order No. 1 $ 22,910.00 Revised Contract Cost $1,590,259.65 The staff engineers of the Water Department have reviewed the proposed charge and found it reasonable for similar work. FINANCING: Sufficient funds are available in the amount of $22,910.00 in Water Commercial Paper Fund PW77, Center No. 060770140030, Northside II Water Transmission Main, Phase II, Section II, Contract I. Expenditures will be made from Account No. 541300. It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-12683, be adopted. There was presented Mayor and Council Communication No. C-12684 from the City Manager stating that Hydraulics, Inc., acting through Mr. Kenneth Alvis, has requested permission to install a private conduit in the streets at the intersection of West Bowie and St. Louis; that the conduits are to contain lines for computers and telephones; that the company owns property on Block 32 and Block 27, Ryan & Pruitt Subdivision, and will connect three buildings with communication conduits (computer and telephone); that the installation is to serve only the properties of Hydraulics, Inc., and will not serve other entities; and recommending that the City Manager, or his designee, be authorized to enter into a standard consent agreement with Hydraulics, Inc., to allow construction of a private conduit in West Bowie and St. Louis Streets. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. C-12685 from the City Manager stating that the City Council on August 1, 1989, by Mayor and Council Communication No. C-11770 authorized execution of an engineering agreement, City Secretary Contract No. 17309, with J.B. Davies, Inc., for engineering services necessary to design Sanitary Sewer Main 199-B Relief Main; that the City Council authorized Amendment No. 1 on March 20, 1990, by Mayor and Council Communication No. C-12229 to allow for an additional drainage area study, required by the Corps of Minutes of City Council R-3 Page 49 J M&C C-12685 cont. t . THURSDAY, JANUARY 10, 1991 Engineers, to evaluate and alternative alignment; that, during the design of the project, the engineer recommended that one or possibly two houses be purchased and removed to reduce the amount of tunneling required for the large diameter sewer pipe; that, as the Real Property Division began acquiring easements, it was able to purchase one house and save approximately $70,000.00 in construction cost, including the cost of the house; that it will be necessary to revise the plans and specifications once purchase of the house is final; that, in addition, it will be necessary to obtain an additional easement from the Leonard Trust to allow a deteriorated sanitary sewer main to be abandoned; that J.B. Davies, Inc., through a letter dated October 2, 1990, proposed to perform this additional work for $3,790.00; and recommending that the City Council: 1. , Authorize a fund transfer in the amount of $3,790.00 from Water and Sewer Operating Fund PE45, Account No. 541200, Center No. 0709020 to Sewer Capital Improvement Fund PS58, Account No. 539120, Center No. 070580220080, M -199B Relief Main; and 2. Authorize the City Manager to execute Amendment No. 2 to the Engineering Agreement with J.B. Davies, Inc., City Secretary Contract No. 17309, for engineering services relating to the Sanitary Sewer Main 199-B Relief Main increasing the maximum total fee by $3,790.00 from $201,345.00 to $205,135.00. M&C C-12685 It was the consensus of the City Council that the recommendations be adopted. approved M&C C-12686 re There was presented Mayor and Council Communication No. C-12686 from the City contract for the Manager submitting a tabulation of bids received for construction of the East Police construction of Sector Renovation; and recommending that the City Council: the East Police Sector Renovation 1. Approve the transfer of funds from Capital Projects Reserve Fund GC10, to E. Horn Con- Unspecified Center No. 013010001000 to the Public Safety Improvement struction, Inc. Fund GC07, Center No. 020070113020, East Side Police Sector Station in the amount of $49,666.00; and 2. Authorize the City Manager to execute a contract for construction of the East Police Sector Renovation to East Horn Construction, Inc., 819 Penn, Fort Worth, for $451,666.00 for the Base Bid and Alternate No. 1. Council Member Meadows requested permission of the City Council to abstain from voting on Mayor and Council Communication No. C-12686 because of a conflict of interest. Council Member Gilley made a motion, seconded by Council Member McCray, that Council Member Meadows be permitted to abstain from voting on Mayor and Council Communication No. C-12686. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Granger made a motion, seconded by Council Member Zapata, that the recommendations, as contained in Mayor and Council Communication No. C-12686, 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, Webber, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Meadows Mr. Donnell Ballar Mr. Donnell Ballard, 822 Davis, appeared before the City Council regarding the re Homeless homeless. Mr. Brent Dickey Mr. Brent Dickey, 3320 McLean Street, appeared before the City Council and re Code Inspection expressed opposition to action recently taken by the City of Fort Worth regarding code of Bars inspection of bars. Assistant City Assistant City Manager Mike Groomer appeared before the City Council and advised Manager Mike the City Council that the recent inspection of bars is to ensure compliance with the Groomer re Inspec- codes and the agreement that was reached does not mitigate the City's ability to deal tion of bars with the codes. Continued until It was the consensus of the City Council that the discussion and action concerning conclusion of ex- approval or rejection of Debtor's Third Amended Plan of Reorganization of Briscoe ecutive session Enterprises, Ltd., II d/b/a RegalRidge Square Apartments, Debtor, Case of Debtor's Third No. 489 -44447 -MT, U.S. Bankruptcy Court for Northern District of Texas be continued Anmended Plan of until the conclusion of the executive session. Reorganization of Briscoe Enterprise It was the consensus of the City Council that the City Council meet in closed or Ltd. executive session to receive the advice of its attorney concerning the following Met in closed or matters: executive session a. Approval or rejection of Debtor's Third Amended Plan of Reorganization in Briscoe Enterprises, Ltd., II d/b/a RegalRidge Square Apartments, Minutes of City Council R-3 Page 50 Executive session cont. ` ' Reconvened into regular session Accepted Debtor's Third Amended Plan of Reorganiza- tion in Briscoe Enterprises, Ltd. jAdjourned THURSDAY, JANUARY 10, 1991 Debtor, Case No. 489 -44447 -MT, U.S. Bankruptcy Court for Northern District of Texas. b. Assignment of CentrePort options from Centre Consolidated Properties, Ltd., to CentrePort Venture, Inc. This closed or executive session is authorized by the Disciplinary Rules of Professional Conduct of the State Bar of Texas and Section 2(e), Article 6252-17, V.A.C.S., the Texas Open Meeting Act. The City Council reconvened into regular session with all members present. .Council Member Zapata made a motion, seconded by Council Member Meadows, that the City of Fort Worth accept the Debtor's Third Amended Plan of Reorganization in Briscoe Enterprises, Ltd., II d/b/a RegalRidge Square Apartments, Debtor, and that the City Manager be authorized to sign the ballot indicating the City of Fort Worth's vote to accept the plan. When the motion was put to a vote by the Mayor, it prevailed unanimously. There being no further business, the mee Minutes of City Council R-3 Page 51