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HomeMy WebLinkAbout1991/01/22-Minutes-City CouncilCouncil Met Members Present CITY COUNCIL MEETING ,JANUARY 22, 1991 On the 22nd 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: 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: Minutes of City Council R-3 Page 67 GS TUESDAY, JANUARY 22, 1991 Invocation The invocation was given by The Reverend Jerry Pennington, Hospice, Inc. Pledge of The Pledge of Allegiance was recited. Allegiance On motion of Council Member Gilley, seconded by Council Member McCray, the minutes Minutes of January 15, 1991 approved I of the meeting of January 15, 1991, were approved. Mr. Joe Rhodes Mr. Joe Rhodes, Instructor of the Berl i tz Language School, introduced the District introduced the Governors of Turkey who are in Fort Worth studying the English language and Mayor Pro District Governors tempore Garrison presented to them a book on the history of Fort Worth. of Turkey Mrs. Helen Crowder Mrs. Helen Crowder, Volunteer Coordinator, introduced the South Fort Worth Home of introduced the Christian Educators. South Fort Worth Home of Christian City Manager Ivory requested that Mayor and Council Communication No. G-9006 be Educators withdrawn from the consent agenda. Withdrew M&C No. Council Member Meadows requested that Mayor and Council Communication No. C-12705 Withdrew M&C C- be withdrawn from the consent agenda. Y from consent agenda Council Member Chappell requested that Mayor and Council Communication No. P-4695 agenda be withdrawn from the consent agenda. Withdrew M&C P-469; g from consent agenda Mayor Pro tempore Garrison requested that Mayor and Council Communication withdrew M&C P- 4692 from consent No. P-4692 be withdrawn from the consent agenda. agenda Council Member Webber requested that Mayor and Council Communication No. C-12700 Withdrew M&C C- be withdrawn from the consent agenda. 12700 from consent agenda City Manager Ivory requested that Mayor and Council Communication No. G-9006 be Withdrew M&C G-900 from agenda withdrawn from the agenda. Consent agenda, On motion of Council Member Zapata, seconded by Council Member Gilley, the consent as amended, was agenda, as amended, was approved. approved Nominated Ms. Mayor Bolen nominated Ms. Jolene Wallace for membership on the Community Jolene Wallace Development Council and made a motion, seconded by Council Member Meadows, that to the Community Ms. Jolene Wallace be appointed to Place 1 on the Community Development Council for a Development Counci term of office expiring October 1, 1991, and, when the motion was put to a vote by the Mayor, it prevailed unanimously. Resignation of Mayor Pro tempore Garrison made a motion, seconded by Council Member Gilley, that Mr. Earl Cox from the resignation of Mr. Earl Cox from Place 3 on the City Plan Commission be accepted the City Plan with regrets and that Mr. Tom Purvis be appointed in lieu thereof for a term of office Commission expiring October 1, 1991. When the motion was put to a vote by the Mayor, it prevailed unanimously. Nominated Ms. Council Member Zapata nominated Ms. Kathy Ward for membership on the Fort Worth Kathy Ward to the Youth Commission and made a motion, seconded by Council Member Gilley, that Ms. Kathy Fort Worth Youth Ward be appointed to Place 2 on the Fort Worth Youth Commission and, when the motion Commission was put to a vote by the Mayor, it prevailed unanimously. M&C OCS-231 There was presented Mayor and Council Communication No. OCS-231 from the Office of Resolution setti n the City Secretary recommending that a resolution be adopted setting the regular zoning the regular zoninc. hearing for February 12, 1991. On motion of Council Member Gilley, seconded by Council hearing Member Zapata, the recommendation was 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 Zapata. 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 NO ES: None ABSENT: None The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1697 1697 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 FEBRUARY 12, 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, February 12, 1991 the City Council of the City of Fort Worth, which is the legislative body of said City, will hold Minutes of City Council R-3 Page 68 69 TUESDAY, JANUARY 22, 1991 Resolution No. a public hearing in the Council Chambers at the Municipal Building for the 1697 cont. 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-91-001 Tract 2: Being a tract of land situated in the Thomas S. Reyburn Survey, Abstract No. 1130 and the James Eads Survey, Abstract No. 410, Denton County, Texas and being situated about 17 1/2 miles south 30° west from Denton County Courthouse and being more particularly described by metes and bounds as follows: COMMENCING at the southeast corner of the 25.366 acre tract as described by deed to the State of Texas and recorded in Volume 515, Page 83, D.R.D.C.T., said point being in the east right-of-way line of I.H. 35W; THENCE North 30°25'45" East, 34.62 feet with said east right-of-way line to the POINT OF BEGINNING; THENCE with the east right-of-way line of I.H. 35W, the following courses and distances: North 30°25'45" East, 58.53 feet; North 30°54'50" East, 1553.76 feet; North 33°46'34" East, 100.15 feet; North 30°54'50" East, 1312.36 feet; North 30°23'21" East, 103.61 feet; North 30°54'50" East, 321.79 feet; THENCE South 00°35'58" West, 277.31 feet leaving said east right-of-way line; THENCE South 78°2227" East, 232.96 feet; THENCE South 00°25'50" West, 25.00 feet to the south right-of-way line of Elizabeth Town Cemetery Road; THENCE South 89°32'26" East, 460.96 feet with said right-of-way line; THENCE South 00°11'49" East, 2626.13 feet; THENCE North 89°30'53" West, 2470.68 feet to the POINT OF BEGINNING and containing 102.439 acres of land, more or less. (East of I.H. 35W and north and south of Eagle Parkway) Recommended from "J" Light Industrial to "K" Heavy Industrial Tract 3: Being a tract of land situated in the William Bush Survey, Abstract No. 205 and the T.J. Bates Survey, Abstract No. 206, Denton County, Texas and being situated about 17 1/2 miles south 30° west from Denton County Courthouse and being more particularly described by metes and bounds as follows: BEGINNING at the southwest corner of the Seventh Tract and the southeast corner of the First Tract as described by deed to Peterson Farms, Inc. and recorded in Volume 559, Page 308, D. R.D.C.T. ; THENCE North 00°11'49" West, 2656.13 feet to a point in the south right-of-way line of Elizabeth Town Cemetery Road; THENCE South 89°40'22" East, 1860.21 feet with said south right-of-way line; THENCE South 00'36'52" East, 652.16 feet; THENCE North 89°23'07" East, 375.00 feet; THENCE South 00'36'52" East, 167.60 feet; THENCE North 89°23'07" East, 420.16 feet; THENCE South 00°36'40" West, 1877.00 feet; THENCE North 89°04'27" West, 2635.27 feet to the POINT OF BEGINNING and containing 149.095 acres of land, more or less. Minutes of City Council R-3 Page 69 '1 J TUESDAY, JANUARY 22, 1991 Resolution No. (East of I.H. 35W and north and south of Eagle Parkway) 11 1697 cont. Recommended from "I" Light Industrial to "K" Heavy Industrial Tract 4: Being a tract of land situated in the A. Henderson Survey, Abstract No. 596, the A. Robinson Survey, Abstract No. 1119, the M.E.P. and P.R.R. Company Survey, Abstract No. 906, the H. Perry Survey, Abstract No: 1022, and the W. Bush Survey, Abstract No. 205, situated about 17 1/2 miles south 300 west from the Denton County Courthouse in Denton County, Texas, being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod at the intersection of roads for the northwest corner of the Second Tract as described by deed to Peterson Farms, Inc. and recorded in Volume 559, Page 308, D.R.D.C.T., said point being in the east line of the P.K. Matthews Survey, Abstract No. 865 and the west line of said Henderson Survey; THENCE South 44028'24" East, 35.63 feet to the POINT OF BEGINNING; THENCE Easterly along the south line of a gravel road (Litsey Road) the following courses and distances: South 89°01'38" East, 577.37 feet; South 89°52'47" East, 1906.13 feet; South 75004'22" East, 331.96 feet; North 89°24'37" East, 666.07 feet; THENCE Southerly along the east line of said Second Tract the following courses and distances: South 01056'05" West, 752.65 feet; South 65°13'08" West, 1152.75 feet; South 08°37'54" West, 62.35 feet; South 50°32'19" East, 671.24 feet; South 21°28'16" West, 482.93 feet; South 00°01'46" East, 377.37 feet; South 25°58'14" West, 871.51 feet; THENCE North 89016'46" West, 2387.58 feet; THENCE South 89023'07" West, 420.16 feet; THENCE North 00036'52" West, 813.60 feet; THENCE South 89'40'22" East, 463.77 feet; THENCE North 00°04'49" East, 2589.98 feet to the POINT OF BEGINNING and containing 232.669 acres of land, more or less. (East of I.H. 35W and north and south of Eagle Parkway) Recommended from "AR" Residential to "K" Heavy Industrial Z-91-002 Being a 1.058 acre tract of land situated in the E.S. Harris Survey, Abstract No. 688, Tarrant County, Texas and also being the same tract of land described in a deed to Martejora Enterprises, Co., Ltd. as recorded in Volume 6828, Page 2256, D.R.T.C.T. and being described by metes and bounds as follows: BEGINNING at a 1 inch iron pipe found for the Southwest corner of Lot 4, Block 12, Forest Park Place Addition, 2nd Filing, Tarrant County, Texas, recorded in Volume 388, Page 27, P.R.T.C.T. said 1 inch iron pipe being the Southeast corner of said 1.058 acre tract; THENCE North 00°11'58" East, along the west line of said Lot 4, Block 12, 150.91 feet to a 1/2 inch iron rod found in the south line of a 15.0 foot wide alley for the Northwest corner of said Lot 4, Block 12; THENCE South 89°55'46" west, along the south line of said alley, passing the southeast corner of Lot 5, Block 13, Forest Park Place Addition, Tarrant County, Texas, recorded in Volume 1740, Page 255, D.R.T.C.T., continuing in all, 285.14 feet to a 1/2 inch iron rod Minutes of City Council R-3 Page 70 7 TUESDAY, JANUARY 22, 1991 found for the Northeast corner of Lot 4, Pearl Springs Addition, Resolution No. Tarrant County, Texas, recorded in Volume 38.8-C, Page 49, 1697 cont. P. R.T.C.T. ; THENCE South 00°09'03" West, along the east line of said Lot 4, Pearl Springs Addition, 172.32 feet to a 1/2 inch iron rod and Bois D'Arc stake found in the North line of Forest Park Drive, sometimes called Park Place Avenue, also known as a "Parkway" and making it the North entrance to "Forest Park" conveyed by Cynthia Sisk and husband to the City of Fort Worth by deed recorded in Volume 483, Page 62, D.R.T.C.T., for the southeast corner of said Lot 4; II THENCE North 85°38'00" East, along the north line of said "Parkway" and Forest Park Drive, 285.90 feet to the POINT OF BEGINNING. Together with an easement granted by the City of Fort Worth to Forest Park Apartments Inc., for an entrance to the above described land across the "Parkway" on the North side of Forest Park Drive by instrument recorded in Volume 337, Page 343, D.R.T.C.T. (2306 Park Place) Recommended from "C" Multi -Family to "C/HC" Multi-Family/Historic and Cultural Subdistrict Z-91-003 South 26.7' of Lot 4, Lot 5, and the north 25' of Lot 6, Block 34, Ryan Place Addition (2912 5th Avenue) Recommended from "A" One -Family to "A/HC" One-Family/Historic and Cultural Subdistrict Z-91-004 Being a tract of land situated in the Phillip Green Survey, Abstract No. 566, City of Fort Worth, Tarrant County, Texas and being a portion of that tract as described by deed to Hillwood/Park Glen, Ltd. and recorded in Volume 9357, Page 344, D.R.T.C.T., said tract being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with cap stamped "Carter & Burgess" found at the most northerly northwest corner of a tract as described by deed to Centennial Homes, Inc. and recorded in Volume 9000, Page 2283, D.R.T.C.T., said point being in the southerly right-of-way line of Summerfields Boulevard; THENCE South 13°12'37" East, 550.00 feet along the westerly line of said Centennial Homes tract to a 5/8 inch iron rod with cap stamped "Carter & Burgess" found, a reentrant corner of the same tract; THENCE South 69°30'19" West, 440.00 feet along the northerly line of said Centennial Homes tract to a 5/8 inch iron rod with cap stamped "Carter & Burgess" found in the easterly right-of-way line of Park Vista Boulevard, the beginning of a non -tangent curve to the right; THENCE along the easterly right-of-way line of said Park Vista Boulevard, the following bearings and distances: 128.47 feet along the arc of said curve to the right through a central angle of 03001145", a radius of 2430.00 feet and a long chord of North 18°58'49" West, 128.45 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess" set, the beginning of a compound curve to the right; 174.13 feet along the arc of said compound curve to the right through a central angle of 10°10'51", a radius of 980.00 feet and a long chord of North 12°22'31" West, 52.35 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess" set, the beginning of a reverse curve to the left; 52.37 feet along the arc of said reverse curve to the left through a central angle of 04'50'22", a radius of 620.00 feet and a long chord of North 09°42'17" West, 52.35 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess" set, the beginning of a reverse curve to the right; 124.82 feet along the arc of said reverse curve to the right through a central angle of 02°57'27", a radius of 2418.00 feet and a long chord of North 10°38'44" West, 124.80 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess" set; North 09°10'00" West, 74.15 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess" set, the beginning of a curve to the right; Minutes of City Council R-3 Page 71 .^-r•-r f N TUESDAY, JANUARY 22, 1991 THENCE along the southerly right-of-way line of said Summerfields Boulevard, the following bearings and distances; North 80°50'00" East, 252.98 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess" set, the beginning of a curve to the left; 95.10 feet along the arc of said curve to the left through a central angle of 04°19'27", a radius of 1260.00 feet and a long chord of North 78°40'16" East, 95.07 feet to the point of beginning and containing 5.968 acres of land, more or less. (8010 Park Vista Boulevard) Recommended from "E" Commercial to "CF" Community Facilities Z-91-006 Being a 0.0742 acre portion of Lot B, Block X, Yeats Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Volume 388-124, Page 49, D.R.T.C.T., and being further described by metes and bounds as follows: COMMENCING at a point in the west right-of-way line of Oakland Boulevard (a public right-of-way of variable width), being the most easterly northeast corner of said Lot B; THENCE North 89°53°00" West with a northerly boundary line of said Lot B, a distance of 69.76 feet to a point; THENCE South 00°03'09" West leaving said northerly boundary line, at 24.43 feet passing the northeast corner of a one story brick building, continuing with the face of said building for a total distance of 143.53 feet to the northeast corner and Place of Beginning of the herein described tract; THENCE South 00°03'09" West with the face of said building, a distance of 70.90 feet to a point at the southeast corner of said one story brick building also being the southeast corner of the herein described tract; THENCE North 89°56'51" West with the face of said building a distance of 40.00 feet to a point for the southwest corner of the herein described tract; THENCE North 00°03'09" East, a distance of 55.10 feet to a point; THENCE North 89°56'51" West, a distance of 25.00 feet to a point; THENCE North 00'03'09" East, a distance of 15.80 feet to a point for the northwest corner of the herein described tract; THENCE South 89°56'51" East, a distance of 65.00 feet to the PLACE OF BEGINNING containing 0.0742 acres or 3,231 square feet as surveyed on the ground by Dunaway Associates/Surveying, P.C. in the month of December, 1990. (2600 Block of Oakland Boulevard) Recommended from "E" Commercial to "PD/SU" Planned Development/Specific Use to permit all uses in the "E" Commercial District and the sale of used furniture. Provided that there is no outside display or storage of merchandise. Waiver of site plan recommended. Z-91-008 Being a portion of Lot 10, Block 4, Homer L. Aikman Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to plat recorded in Volume 626, Page 581-583, D.R.T.C.T., all of Lot F, and a part of Lot G, said Block 4, according to plat recorded in Volume 388-0, Page 143, P.R.T.C.T., all being that same tract of land conveyed to Day Care Association of Fort Worth, recorded in Volume 5657, Page 759, D.R.T.C.T., described by metes and bounds as follows; BEGINNING at a 5/8 inch iron pin 1.7 feet South of a wood fence corner and 1 foot west of a chain link fence, being the southwest corner of Lot F, the southeast corner of Lot 6, and the west line of Lot 10, said Block 4; Minutes of City Council R-3 Page 72 125.66 feet along the arc of said curve to the right through a Resolution No. central angle of 90°00'00", a radius of 80.00 feet and a long chord 697 cont. of North 35°50'00" East, 113.14 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess" set in the southerly right-of-way line of Summerfields Boulevard; THENCE along the southerly right-of-way line of said Summerfields Boulevard, the following bearings and distances; North 80°50'00" East, 252.98 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess" set, the beginning of a curve to the left; 95.10 feet along the arc of said curve to the left through a central angle of 04°19'27", a radius of 1260.00 feet and a long chord of North 78°40'16" East, 95.07 feet to the point of beginning and containing 5.968 acres of land, more or less. (8010 Park Vista Boulevard) Recommended from "E" Commercial to "CF" Community Facilities Z-91-006 Being a 0.0742 acre portion of Lot B, Block X, Yeats Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Volume 388-124, Page 49, D.R.T.C.T., and being further described by metes and bounds as follows: COMMENCING at a point in the west right-of-way line of Oakland Boulevard (a public right-of-way of variable width), being the most easterly northeast corner of said Lot B; THENCE North 89°53°00" West with a northerly boundary line of said Lot B, a distance of 69.76 feet to a point; THENCE South 00°03'09" West leaving said northerly boundary line, at 24.43 feet passing the northeast corner of a one story brick building, continuing with the face of said building for a total distance of 143.53 feet to the northeast corner and Place of Beginning of the herein described tract; THENCE South 00°03'09" West with the face of said building, a distance of 70.90 feet to a point at the southeast corner of said one story brick building also being the southeast corner of the herein described tract; THENCE North 89°56'51" West with the face of said building a distance of 40.00 feet to a point for the southwest corner of the herein described tract; THENCE North 00°03'09" East, a distance of 55.10 feet to a point; THENCE North 89°56'51" West, a distance of 25.00 feet to a point; THENCE North 00'03'09" East, a distance of 15.80 feet to a point for the northwest corner of the herein described tract; THENCE South 89°56'51" East, a distance of 65.00 feet to the PLACE OF BEGINNING containing 0.0742 acres or 3,231 square feet as surveyed on the ground by Dunaway Associates/Surveying, P.C. in the month of December, 1990. (2600 Block of Oakland Boulevard) Recommended from "E" Commercial to "PD/SU" Planned Development/Specific Use to permit all uses in the "E" Commercial District and the sale of used furniture. Provided that there is no outside display or storage of merchandise. Waiver of site plan recommended. Z-91-008 Being a portion of Lot 10, Block 4, Homer L. Aikman Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to plat recorded in Volume 626, Page 581-583, D.R.T.C.T., all of Lot F, and a part of Lot G, said Block 4, according to plat recorded in Volume 388-0, Page 143, P.R.T.C.T., all being that same tract of land conveyed to Day Care Association of Fort Worth, recorded in Volume 5657, Page 759, D.R.T.C.T., described by metes and bounds as follows; BEGINNING at a 5/8 inch iron pin 1.7 feet South of a wood fence corner and 1 foot west of a chain link fence, being the southwest corner of Lot F, the southeast corner of Lot 6, and the west line of Lot 10, said Block 4; Minutes of City Council R-3 Page 72 `"13 TUESDAY, JANUARY 22, 1991 Resolution No. THENCE North 00°45'00" East, with the west lines of Lot F and 1697 cont. Lot 10, 122.00 feet to a 5/8 inch iron pin 0.8 feet West and 2.2 feet South of a steel fence corner; THENCE South 89°15'00" East, at 55 feet the east line of Lot G, in all 65.0 feet to a 5/8 inch ron pin 2.2 feet south of a steel fence corner; THENCE South 00°45'00" West, 128.74 feet to an "X" scribed in concrete in the north line of Plumwood Street, a 3/4 inch iron pin found in concrete bears North 19° East 3.2 feet; THENCE North 83°20'00" West, with the North line of said street, at 10 feet the Southeast corner of Lot F, in all 65.35 feet to the POINT OF BEGINNING and containing 0.1871 acres of land. (2805 Plumwood Street) Recommended from "E" Commercial and "I" Light Industrial to "I" Light Industrial Z-91-009 ORDINANCE T EXT AMENDMENT AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH (APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH), BY ADDING A NEW SECTION 18B, "ADULT ENTERTAINMENT CABARETS"; PROVIDING FOR DEFINITIONS; REGULATING THE LOCATION OF ADULT ENTERTAINMENT CABARETS; PROVIDING THAT NO ADULT ENTERTAINMENT CABARET MAY BE LOCATED WITHIN 1,000 FEET OF A CHURCH, SCHOOL, PARK RESIDENTIAL LOT, OR ANOTHER ADULT ENTERTAINMENT CABARET, OR WITHIN 1,000 FEET OF A SEXUALLY ORIENTED BUSINESS; PROVIDING FOR ADDITIONAL REGULATIONS FOR ADULT ENTERTAINMENT CABARETS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. That the proposed amendments and changes at this hearing will be considered in accordance with the provisions of Chapter 211 of the Texas Local Government Code. BE IT FURTHER RESOLVED that this Resolution, when published in the official newspaper of the City of Fort Worth, which is a paper of general circulation, one (1) time, shall constitute a notice of hearing, which publication shall be made at least fifteen (15) days prior to such hearing, and all interested parties are urgently requested to be in the Council Chambers at the Municipal Building at the time hereinabove set forth to make any protest or suggestion 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 OCS-232 There was presented Mayor and Council Communication No. OCS-232 from the Office of Resolution changing the City Secretary stating that the City Council, at its pre -council meeting of City Council January 10, 1991, informally agreed to change the City Council meeting of March 12, meetings 1991, to March 14, 1991, because of the National League of Cities' Congressional -City Conference; and recommending that the City Council adopt a resolution changing the City Council meeting of March 12, 1991, to March 14, 1991, at 10:00 a.m. On motion of Council Member Gilley, seconded by Council Member Chappell, the recommendation was 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 Chappell. 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. 1698 Resolution No. 1698 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, Minutes of City Council R-3 Page 73 Resolution No. 1698 cont. M&C OCS-233 Claims Hall Mechanical Contractors, Inc. (Mike Allen) Gladys Bryson Mrs. .lames A. Turney Amos R. Thompson Vincent R. Perez Sampson Bell Joyce R. Ziegler TUESDAY, JANUARY 22, 1991 WHEREAS, the City Council of the City of Fort Worth, Texas, normally would meet at 10:00 a.m. on Tuesday, March 12, 1991; and, WHEREAS, a majority of the members of the City Council may desire to attend the National League of Cities' Annual Congressional City Conference to be held March 9-12, 1991, in Washington, D.C.: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: THAT the City Council meeting of Tuesday, March 12, 1991, at 10:00 a.m., be rescheduled for Thursday, March 14, 1991, at 10:00 a.m. There was presented Mayor and Council Communication No. OCS-233 from the Office of the City Secretary recommending that the City Council refer notice of claims regarding alleged damages and/or injuries to the Risk Management Department, as follows: 1. Claimant: Hall Mechanical Contractors, Inc. (Mike Allen) Date Received: January 10, 1991 Date of Incident: December 7, 1990 Location of Incident: N. Service Rd. on Hwy 121 Between Riverside & Sylvania Estimate of Damages/ Injuries: $1,338.39 Nature of Incident: Claimant alleges damages sustained as result of vehicular accident involving City -owned vehicle (Police). 2. Claimant: Gladys Bryson Date Received: January 11, 1991 Date of Incident: January 7, 1991 Location of Incident: RR crossing at Columbus Estimate of Damages/ Injuries: $113.15 Nature of Incident: Claimant alleges damages to vehicle as result of road configuration. 3. Claimant: Mrs. James A. Turney Date Received: January 11, 1991 Date of Incident: December 20, 1990 Location of Incident: Ridglea, in front of Police Store at Mall Estimate of Damages/ Injuries: $199.89 Nature of Incident: Claimant alleges damages as result of her vehicle door being struck by door of Police vehicle. 4. Claimant: Amos R. Thompson Date Received: January 11, 1991 Date of Incident: July 3, 1990 Location of Incident: 4400 Horne Estimate of Damages/ Injuries: $443.00 Nature of Incident: Claimant alleges damages sustained as the result of being arrested and jailed. 5. Claimant: Vincent R. Perez Date Received: January 11, 1991 Date of Incident: October 25, 1990 Location of Incident: 1217 Lincoln Avenue Estimate of Damages/ Injuries: $2,357.91 - $2,400.00 . Nature of Incident: Claimant alleges damage sustained as result of collapse of main sewer line. 6. Claimant: Sampson Bell Date Received: January 14, 1991 Date of Incident: 1981 Location of Incident: 963 E. Pulaski Street Estimate of Damages/ Injuries: $534.25 Nature of Incident: Claimant seeks reimbursement for plumbing problems allegedly caused by City line. 7. Claimant: Joyce R. Ziegler Date Received: January 14, 1991 Date of Incident: December 13, 1990 Location of Incident: I35, Ft. Worth, Close to Berry St. Exit Estimate of Damages/ Injuries: $316.19 Nature of Incident: Claimant alleges damages to vehicle windshield as the result of stone falling from City -owned vehicle. Minutes of City Council R-3 Page 74 !J TUESDAY, JANUARY 22, 1991 Leonard Yanowski 8. Claimant: Leonard Yanowski Date Received: January 14, 1991 Date of Incident: May 2, 1990 Location of Incident: 1979 Barron Lane Estimate of Damages/ Injuries: $1,969.50 Nature of Incident: Claimant alleges damages to property as the result of flooding. Michael McQueeney 9. Claimant: Michael McQueeney Date Received: January 14, 1991 Date of Incident: August 22, 1990 Location of Incident: Country Club Lane & Bridge Street Attorney: Rita Utt Estimate of Damages/ Injuries: $20,348.59 Nature of Incident: Claimant alleges injuries and damages as the result of an accident involving City -owned vehicle (Police). Minnie Williams 10. Cl aimant : Minnie Williams Date Received: January 16, 1991 Date of Incident: December 28, 1990 Location of Incident: 2913 Fitzhugh Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges injuries as result of stepping into a manhole. Aetna Life 11. Claimant: Aetna Life Insurance Company (Dorothy Insurance Company William Gerald Summers) tDorothy Summers) Date Received: January 16, 1991 been extended to April 15, 1992; that Section 3.01 of this contract provided for an Date of Incident: November 25, 1990 at the complex Location of Incident: Undeclared 1925 Ridge Oak Street Estimate of Damages/ recommending that the City Council accept a contribution in Special Trust Fund FE72, Estimate of Damages/ Injuries: $851.37 Enterprises, in the amount of $84,912.64 for the use of improving concession Nature of Incident: Claimant alleges damages as result of and promotion of usage of facilities at Will Rogers Memorial Center; and adopt an vehicular accident. Claimant alleges damages and injuries 12. Claimant: Merwyn E. Croston, Jr. Mervyn E. Croston, Date Received: January 16, 1991 Jr. Date of Incident: January 2, 1991 OCS-233 adopted Location of Incident: Sycamore School Rd., West of Trimble Road Resignation of Estimate of Damages/ was the consensus of the City Council that the resignation of Stephen R. Injuries: $851.57 Municipal Judge Pro tempore, Nature of Incident: Claimant alleges damages as result of street conditions. Minutes of City Council R-3 Page 75 13. Claimant: William Gerald Dailey William Gerald Secretary Contract on April 1, 1985, Contract No. 14255, with Ken Moore Enterprises to Date Received: January 16, 1991 Dailey been extended to April 15, 1992; that Section 3.01 of this contract provided for an Date of Incident: August 4, 1989 at the complex used for improving concession operations, purchases of improvements or equipment, and Location of Incident: 1925 Ridge Oak Street recommending that the City Council accept a contribution in Special Trust Fund FE72, Estimate of Damages/ Account No. 488353, Center No. 025511000000, Special Marketing Fund, from Ken Moore Enterprises, in the amount of $84,912.64 for the use of improving concession Injuries: $24,000,000 - $100,000,000 and promotion of usage of facilities at Will Rogers Memorial Center; and adopt an Nature of Incident: Claimant alleges damages and injuries in Special Trust Fund FE72, Account No. 532300, Center No. 025511000000, Special sustained as the result of police action and Council that the recommendations be adopted. violation of civil rights. OCS-233 adopted It was the consensus of the City Council that the recommendation be adopted. Resignation of It was the consensus of the City Council that the resignation of Stephen R. Stephen R. Alcorn, Alcorn, Municipal Judge Pro tempore, be accepted with regrets. Municipal Judge Pro tempore It was the consensus of the City Council that Mayor and Council Communication M&C G-9006 be No. G-9006, Senior Community Service Employment Project (SCSEP), be withdrawn from the withdrawn from the agenda. agenda Minutes of City Council R-3 Page 75 was presented Mayor and Council Communication No. G-9007 from the City M&C G-9007 reThere Manager stating that the Will Rogers Memorial Center entered into a five-year City Ken Moore Enter- Secretary Contract on April 1, 1985, Contract No. 14255, with Ken Moore Enterprises to prises to provide provide food and beverage concession services at the complex; that this contract has food and beverage been extended to April 15, 1992; that Section 3.01 of this contract provided for an concession service annual payment during the term of the contract to be placed in a separate fund to be at the complex used for improving concession operations, purchases of improvements or equipment, and for the advertising, marketing, and promotion of usage of facilities at the Center; and recommending that the City Council accept a contribution in Special Trust Fund FE72, Account No. 488353, Center No. 025511000000, Special Marketing Fund, from Ken Moore Enterprises, in the amount of $84,912.64 for the use of improving concession operations, purchases of improvements or equipment, and for the advertising, marketing and promotion of usage of facilities at Will Rogers Memorial Center; and adopt an appropriations ordinance increasing estimated receipts and appropriations by $84,912.64 in Special Trust Fund FE72, Account No. 532300, Center No. 025511000000, Special Marketing Fund, from increased estimated receipts. It was the consensus of the City Council that the recommendations be adopted. Minutes of City Council R-3 Page 75 t-lj i U TUESDAY, JANUARY 22, 1991 Council Member Zapata introduced an ordinance and made a motion that it be adopted. Introduced an The motion was seconded by Council Member Gilley. The motion, carrying with it the Ordinance 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 NO ES: None ABSENT: None The ordinance, as adopted, is as follows: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C G-9008 re There was presented Mayor and Council Communication No. G-9008 from the City Issuance of Heli- Manager, as follows: copter License SUBJECT: ISSUANCE OF HELICOPTER LICENSE TO A PRIVATELY -OWNED HELIPORT SITE to a Privately- ESTABLISHED BY JMK INTERNATIONAL Owned Heliport Site Established RECOMMENDATION: by JMK Internation 1 It is recommended that City Council authorize the City Manager to issue a heliport license to a privately -owned heliport site to be established by JMK International, Inc., under the terms outlined below. DISCUSSION: Under Chapter 3, Article IV, Section 3-66 of the Code of the City of Fort Worth, a license is required by any person who owns, controls, or operates a heliport within the City. JMK International, Inc., seeks the City's permission to establish a heliport adjacent to its office building located at 4800 Bryant Irvin Court in southwest Fort Worth. No aircraft will be based at the site, and approximately 12 landings are anticipated per month. Although the heliport will be privately owned and operated, JMK has offered it for use by Fort Worth Police Department and Careflight. The site has been evaluated by Federal Aviation Administration's Airports District Office. Representatives advise that the heliport has been approved for operation under the following conditions: 1. Operations are conducted in visual flight rules (VF R) conditions only; A lighted wind cone or other similar device is placed near the heliport; 3. Signs and safety barriers are provided to prevent inadvertent entry; 4. The site is reassessed annually to assure that safety standards are being met due to the potential for growth in the area; 5. Obstruction lights are installed on all buildings adjacent to the heliport; 6. Spherical markers are placed on power lines north of the heliport; and 7. Ingress/egress is from the north and south along Bryant Irvin to Interstate 30. Minutes of City Council R-3 Page 76 ORDINANCE NO. 10769 Ordinance No. 10769 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE SPECIAL TRUST FUND FE72, SPECIAL MARKETING FUND, ACCOUNT NO. 488353, PUBLIC EVENTS, CENTER NO. 025511000000 OF THE CITY OF FORT WORTH FOR THE FISCAL YEAR 1991 BY THE SUM OF $84,912.64 AND APPROPRIATING SAID $84,912.64 TO THE SPECIAL TRUST FUND FE72, SPECIAL MARKETING FUND, ACCOUNT NO. 532300, PUBLIC EVENTS, CENTER NO. 025511000000, SAID FUNDS TO BE USED FOR THE PURPOSE OF IMPROVING CONCESSION OPERATIONS, PURCHASES OF IMPROVEMENTS OF EQUIPMENT, AND FOR THE ADVERTISING MARKETING AND PROMOTION OF USAGE OF FACILITIES AT THE WILL ROGERS MEMORIAL COLISEUM; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C G-9008 re There was presented Mayor and Council Communication No. G-9008 from the City Issuance of Heli- Manager, as follows: copter License SUBJECT: ISSUANCE OF HELICOPTER LICENSE TO A PRIVATELY -OWNED HELIPORT SITE to a Privately- ESTABLISHED BY JMK INTERNATIONAL Owned Heliport Site Established RECOMMENDATION: by JMK Internation 1 It is recommended that City Council authorize the City Manager to issue a heliport license to a privately -owned heliport site to be established by JMK International, Inc., under the terms outlined below. DISCUSSION: Under Chapter 3, Article IV, Section 3-66 of the Code of the City of Fort Worth, a license is required by any person who owns, controls, or operates a heliport within the City. JMK International, Inc., seeks the City's permission to establish a heliport adjacent to its office building located at 4800 Bryant Irvin Court in southwest Fort Worth. No aircraft will be based at the site, and approximately 12 landings are anticipated per month. Although the heliport will be privately owned and operated, JMK has offered it for use by Fort Worth Police Department and Careflight. The site has been evaluated by Federal Aviation Administration's Airports District Office. Representatives advise that the heliport has been approved for operation under the following conditions: 1. Operations are conducted in visual flight rules (VF R) conditions only; A lighted wind cone or other similar device is placed near the heliport; 3. Signs and safety barriers are provided to prevent inadvertent entry; 4. The site is reassessed annually to assure that safety standards are being met due to the potential for growth in the area; 5. Obstruction lights are installed on all buildings adjacent to the heliport; 6. Spherical markers are placed on power lines north of the heliport; and 7. Ingress/egress is from the north and south along Bryant Irvin to Interstate 30. Minutes of City Council R-3 Page 76 77 TUESDAY, JANUARY 22, 1991 M&C G-9008 cont. The 1 andi ng pad measures approximately 47' x 47'. An architect's drawing has been furnished for review. The administrative fee of $200 has been paid as required by the City Code. The Zoning Board of Adjustment approved the heliport with the following conditions: 1. Approval is granted for a three-year period beginning December 31, 1990 and ending December 31, 1993. 2. The approval limits the number of landing cycles to three per week. 3. The heliport approach and departure route is along Bryant -Irvin Road. The Aviation Advisory Board at its meeting on August 30, 1990 recommended City Council approval. FINANCING: No City funding will be required. M&C G-9008 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. G-9008, be adopted. M&C G-9010 re request for ex- tension of injury leave of absency by Don Westmorela Firefighter - denied There was presented Mayor and Council Communication No. G-9010 from the City Manager, as follows: SUBJECT: REQUEST FOR EXTENSION OF INJURY LEAVE OF ABSENCE BY DON W ESTMO RELAND RECOMMENDATION: It is recommended that Firefighter Don Westmoreland's request for an extension of injury -leave -of -absence -pay benefits be denied by the City Council. nTeri1ccTnN- Mr. Don Westmoreland, 51 years old and a 29 -year veteran firefighter with the Fort Worth Fire Department, sustained injuries to his back and neck from an accident while on duty December 23, 1989. Based on magnetic resonance imaging (MRI) tests, his physicians have diagnosed Mr. Westmoreland as having a paracentral cervical disc herniation with additional diagnosis of cervical and lumbar derangement. Surgery was not performed. He has had extensive physical therapy treatment and has shown some improvement. However, he continues to be unable to perform his duties as a firefighter. When Mr. Westmoreland will be able to return to duty is undetermined at this time. Chapter 143, Texas Local Government Code, which pertains to Firefighters' and Police Officers' Civil Service, states that a firefighter will be entitled to receive an injury leave of absence with full pay as outlined in the statute for a period of up to one year when the injuries result from an on-the-job accident. Thereafter, the statute provides for the use of accrued benefits (sick leave, vacation time, etc.) in combination with Workers' Compensation benefits (where applicable) to insure continuation of full salary during an extended period of disability. As of January 11, 1991, Mr. Westmoreland has received one full year of injury leave pay, a portion of which has been comprised of Workers' Compensation benefits. Mr. Westmoreland will continue to receive weekly Workers' Compensation benefit checks ($238 per week) until such time as his eligibility changes; e.g., the claim is resolved, through release to return to work, etc. As of January 11, 1991, he may choose to use his accumulated benefits (vacation, sick leave, etc.) in combination with Workers' Compensation weekly benefits to ensure continuity of his full salary. The accumulated benefits and future accruals combined with Workers' Compensation benefits will ensure the equivalent of a full salary for approximately one year. Chapter 143 also allows an injured firefighter the option to request from the City Council an extension of the injury leave of absence with full pay upon the expiration of the one-year period. Mr. Westmoreland requested such an extension in correspondence dated January 2, 1991, rather than use his accrued benefits. In five prior requests in recent years, four involving firefighters and one involving a police officer in similar situations, the City Council denied their requests. M&C G-9010 denied On motion of Council Member Gilley, seconded by Council Member Chappell, recommendation, as contained in Mayor and Council Communication No. G-9010, adopted. M&C G-9012 re kennel services for Animal Contro Division the was There was presented Mayor and Council Communication No. G-9012 from the City Manager stating that the current animal control center does not provide adequate space for the number of animals which are picked up by the Animal Control Division; that the Minutes of City Council R-3 Page 77 7S TUESDAY, JANUARY 22, 1991 issuance of a formal request for proposals will permit all qualified providers the M&C G-9012 cont. opportunity to submit formal proposals in anticipation of a contract award being made; that the RFP would require the provider to be able to handle the number of animals picked up by the City's Animal Control Officers (17,500 in 1989-90) and keep them for a minimum of three days; that the provider will also be required to have a quarantine facility; that the successful proposer will not be required to comply with the agreement between the City and the Texas College of Osteopathic Medicine; and recommending that the City Manager be authorized to issue a request for proposals for provision of kennel services for the Animal Control Division of the Health Department. Council Member Granger made a motion, seconded by Council Member Chappell, that the recommendation be adopted. Mr. Art Brender Mr. Art Brender, 4121 Hampshire, appeared before the City Council and presented a re M&C G-9012 copy of the balance sheet as of December 31, 1990, of the Humane Society of North Texas. M&C P-4690 re purchase of emer- gency ,light :bars`:' and.traffic_direct or lightbar sy- stems..for the Equipment Services Department from G.T. Distributors and Federal...Signal Corporation-` M&C -"P-4691 ' re" ,_,., purchase agreement to provide snad trap services for City departments from Sand Trap Services &C P-4691 adopted M&C P-4692 re purchase agreement to provide black iron pipe fittings for all City De- partments with Southwest Pipe and Supply Company When the motion, that the recommendation, as contained in Mayor and Council Communication No. G-9012, be adopted, was put to a vote by the Mayor, it failed by the following vote: AYES: Mayor Bolen; Council Members Granger, Meadows, and Chappell NOES: Mayor Pro tempore Garrison; Council Members Zapata, McCray, Gilley, and Webber ABSENT: None There was presented Mayor and Council Communication No. P-4690 from the City Manager submitting a tabulation of bids received for the purchase of emergency light bars and traffic director light bar systems for the Equipment Services Division; stating that purchases will be charged to Equipment Services Operating Fund PI61, Inventory Subsidiary Account No. 141700, Center No. 0000000; and recommending that the purchase be made from G.T. Distributors and from Federal Signal Corporation for a total amount not to exceed $42,816.60 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. P-4691 from the City Manager submitting a tabulation of bids received for a purchase agreement to provide sand trap services for City departments; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in the agreement; and recommending that the City Council authorize: 1. A purchase agreement to include all City departments for sand trap services with Sand Trap Services on the low bid of unit prices, as follows: ITEM DESCRIPTION AMOUNT BID 1 200 Gallon Size $ 25.00/ea. 2 350 Gallon Size $ 95.00/ea. 3 450 Gallon Size $105.00/ea. 4 500 Gallon Size $125.00/ea. 5 800 Gallon Size $125.00/ea. 6 1000 Gallon Size $125.00/ea. 7 Waste Water from Fuel Separators $ .175/gallon 2. The agreement to begin the date of authorization by the City Council and end one year later, with option to renew for two additional years. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. P-4692 from the City Manager submitting a tabulation of bids received for a purchase agreement to provide black iron pipe fittings for all City departments; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in the agreement; and recommending that the purchase agreement be authorized with Southwest Pipe and Supply Company on low overall bid as based on percent discount from manufacturer's prices, as follows: ITEM SOUTHWEST PIPE & SUPPLY CO. FORT WO RTH . TEXAS Percent from Price List Minutes of City Council R-3 Page 78 1. Caps -69% 2. Couplings -45% 3. Crosses -69% 4. Elbows -69% 5. Nipples -80% 6. Plugs -69% 7. Reducer Bells -69% 8. Reducer Bushings -69% 9. Tees -69% 10. Unions -69% Minutes of City Council R-3 Page 78 79 Mayor Pro tempore Garrison advised the City Council that he is disqualified from voting on Mayor and Council Communication No. P-4692. Council Member Gilley made a motion, seconded by Council Member Chappell, that the recommendation, as contained in Mayor and Council Communication No. P-4692, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: 1. A sole source purchase agreement with Hewlett-Packard for on-site maintenance of a gas chromatograph/mass spectrometer system for the Police Department based on a monthly charge of $419.00 for a total annual amount not to exceed $5,028.00 net, f.o.b. Fort Worth. Supported items covered by this agreement are, as follows: ITEM DESCRIPTION MONTHLY CHARGE a. HP MSD Core $300.00 b. Gas Chromatograph Mainframe 70.00 C. HP9000 Model 310 Computer 9.00 d. Color Video Display Monitor 2.00 e. 40 mb Winchester with 710 kb microfloppy 26.00 f. HP -1B ThinkJet Printer 4.00 g. Graphics Plotter 8.00 419.00 2. This agreement to become effective January 1, 1991, and end December 31, 1991. I Mr. Judson Bailiff, Director of the Finance Department, appeared before the City Mr. Judson Bailiff Council and advised the City Council that the equipment that is being recommended for re M &C P�469 5 preventive and remedial maintenance was purchased in 1986 and is not new equipment. Council Member Chappell made a motion, seconded by Council Member Zapata, that the recommendations, as contained in Mayor and Council Communication No. P-4695, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C P-4696 re There was presented Mayor and Council Communication No. P-4696 from the City purchase of floor- Manager submitting a tabulation of bids received for the purchase of fl oorcoveri ng for covering for Fire the Fire Department; stating that funds are available in General Fund GGO1, Center Department from Designer Draperies and Floors, Inc. _ Minutes of City Council R-3 Page 79 AYES: Mayor Bolen; Council Members Zapata, Granger, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: None NOT VOTING: Mayor Pro tempore Garrison M&C P-4693 re There was presented Mayor and Council Communication No. P-4693 from the City purchase of Public Manager stating that, on December 20, 1990, Bid Quotation No. 90-0850 for competitive Officials Bonds bids on three public official bonds for the City Manager, the City Treasurer, and the from Waller and Municipal Revenue Collector were opened; that the bonds had to be in effect January 1, Waller Insurance 1991, and, therefore, these bonds were purchased as an emergency g y purchase on Agency, Inc. for December 27, 1990, with limits, as follows: David A. Ivory, City Manager - Risk Management $1,000,000.00; Linda Thomson Patterson, City Treasurer - $1,000,000.00; Donald R. Love, Department Municipal Revenue Collector - $500,000.00; that the bid submitted by Waller & Waller Insurance Agency, Inc., for Westchester Fire Insurance Company was the lower bid at $10.79 per $1,000.00 coverage; that, subsequent to the purchase, a change order was made to P.O. No. 1000002002 to cancel the City Treasurer bond effective January 15, 1991, due to the resignation of Linda Patterson and add two $1,000,000.00 bonds, on A. Judson Bailiff, Director of Finance Department, and Edwin S. Cook, Financial Planning/Analysis Officer, both of whom are performing duties of the City Treasurer; stating that sufficient funds are available in Fund Insurance FE71, Center No. 0157130, Account No. 534330; and recommending that the City Council confirm the emergency purchase of Public Officials Bonds from Waller & Waller Insurance Agency, Inc., for the Risk Management Department for an amount not to exceed $40,996.00 for the three-year period from January 1, 1991, to January 1, 1994. It was the consensus of the City Council that the recommendation be adopted. M&C P-4694 re There was presented Mayor and Council Communication No. P-4694 from the City purchase of elec- Manager recommending that the City Council confirm the award of an order in the amount trical repair for of $5,300.00 to McBride Electric for the emergency purchase of electrical repairs for Police Department "I the Police Department, with funds available in Special Trust Fund FE72, Center with McBride Elec- No. 035535000000, Account No. 539120. It was the consensus of the City Council that' tric the recommendation be approved, confirmed, and ratified. M&C P-4695 re There was presented Mayor and Council Communication No. P-4695 from the City - purchase with Manager stating that a gas chromatograph/mass spectrometer system, as manufactured -by Hewlett-Packard fo Hewlett-Packard Company, was placed in service in the crimi nal i sti cs laboratory of the on-site main-- ., . Police Department by Mayor and Council Communication No. P-1925, dated July 15, 1986, tenance of gas to provide a way to separate and identify drug specimens; that this recommended sole chromatograph/mass source agreement, as requested by the Police Department, is required to provide spectrometer sy s to remedial and preventive maintenance of this equipment throughout the year; stating that for Police Depart- budgeted funds are sufficient to cover the anticipated expenditure by the department me n t participating in the agreement; and recommending that the City Council authorize: 1. A sole source purchase agreement with Hewlett-Packard for on-site maintenance of a gas chromatograph/mass spectrometer system for the Police Department based on a monthly charge of $419.00 for a total annual amount not to exceed $5,028.00 net, f.o.b. Fort Worth. Supported items covered by this agreement are, as follows: ITEM DESCRIPTION MONTHLY CHARGE a. HP MSD Core $300.00 b. Gas Chromatograph Mainframe 70.00 C. HP9000 Model 310 Computer 9.00 d. Color Video Display Monitor 2.00 e. 40 mb Winchester with 710 kb microfloppy 26.00 f. HP -1B ThinkJet Printer 4.00 g. Graphics Plotter 8.00 419.00 2. This agreement to become effective January 1, 1991, and end December 31, 1991. I Mr. Judson Bailiff, Director of the Finance Department, appeared before the City Mr. Judson Bailiff Council and advised the City Council that the equipment that is being recommended for re M &C P�469 5 preventive and remedial maintenance was purchased in 1986 and is not new equipment. Council Member Chappell made a motion, seconded by Council Member Zapata, that the recommendations, as contained in Mayor and Council Communication No. P-4695, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C P-4696 re There was presented Mayor and Council Communication No. P-4696 from the City purchase of floor- Manager submitting a tabulation of bids received for the purchase of fl oorcoveri ng for covering for Fire the Fire Department; stating that funds are available in General Fund GGO1, Center Department from Designer Draperies and Floors, Inc. _ Minutes of City Council R-3 Page 79 Tal TUESDAY, JANUARY 22, 1991 EQUIPMENT MONTHLY RATE A. One John Deere 210 Backhoe $ 979.00 B. One John Deere 455 Track Mounted Crawler 1,540.00 C. One 6 -Yard Dump Truck 935.00 D. One Equipment Trailer 209.00 E. Two Ford 1 -Ton Diesel Trucks 1,199.00 TOTAL MONTHLY RATE $4,862.00 2. Authorize the lease extension for Items A through D to run from December 11, 1990, through December 11, 1991; and extension of lease agreement for Item E, the two trucks, from March 1, 1991, to February 29, 1992. M&C P-4697 adopted It was the consensus of the City Council that the recommendations be adopted. M&C P-4698 re There was presented Mayor and Council Communication No. P-4698 from the City purchase agreement Manager stating that the Office of Management Services, Intergovernmental Affairs with Texas Le- Section, will use the legislative monitoring service to monitor state legislative and gisla tive Service regulatory activities through the year; that TLS will provide copies of bills filed and for legislative also access to its computer database concerning legislative matters; stating that funds monitoring service are available in General Fund GGO1, Center No. 0034001, Account No. 539120; and on sole -source- recommending that the City Council authorize a one-year purchase agreement, effective basis December 1, 1990, through November 30, 1991, with option to renew for one year, with the Texas Legislative Service for legislative monitoring service on a sole -source basis for an amount not to exceed $388.25 for the month of December 1990, and $349.16 per month for each of the remaining months of the contract and, in addition, services for any special session of the legislature will be billed separately, following each session, at an agreed cost of $960.00 per 30 -day session, billed on a pro rata basis on actual days used for a total amount not to exceed $7,109.01. It was the consensus of the City Council that the recommendation be adopted. M&C P-4699 re No. 0205002, Account No. 536010; and recommending that the purchase be made from M&C P-4696 cont. Designer Draperies & Floors, Inc., on low bid of $15,339.00. It was the consensus of and adopted the City Council that the recommendation be adopted. M&C P-4697 re There was presented Mayor and Council Communication No. P-4697 from the City lease with Hertz Manager stating that the City Council on May 12, 1987, approved Mayor and Council Equipment Rental Communication No. P-2005 which authorized the City Manager to execute a 36 -month lease Corporation of agreement with Hertz Equipment Rental Corporation for equipment in an amount not to construction exceed $4,862.00 per month; that the Park and Recreation Department Planning and equipment for Park Development Division has requested an extension in order to use the equipment to and Recreation De- continue to construct new park facilities; that the agreement specifically states that par tment Hertz Equipment Rental Corporation will maintain the equipment and will provide "Loss Damage Waiver" coverage; stating that funds are available in Park Improvment Fund GC05, Account No. 537030, Project Nos. 080050410390, 080050480010, and 080050500120, and Park Improvement Fund GC 23, Account No. 537030, Project Nos. 080230410040 and 080230410100; and recommending that the City Council: 1. Authorize a one-year extension of the existing lease agreement with Hertz Equipment Rental Corporation for lease of construction equipment for the Park and Recreation Department, as follows: EQUIPMENT MONTHLY RATE A. One John Deere 210 Backhoe $ 979.00 B. One John Deere 455 Track Mounted Crawler 1,540.00 C. One 6 -Yard Dump Truck 935.00 D. One Equipment Trailer 209.00 E. Two Ford 1 -Ton Diesel Trucks 1,199.00 TOTAL MONTHLY RATE $4,862.00 2. Authorize the lease extension for Items A through D to run from December 11, 1990, through December 11, 1991; and extension of lease agreement for Item E, the two trucks, from March 1, 1991, to February 29, 1992. M&C P-4697 adopted It was the consensus of the City Council that the recommendations be adopted. M&C P-4698 re There was presented Mayor and Council Communication No. P-4698 from the City purchase agreement Manager stating that the Office of Management Services, Intergovernmental Affairs with Texas Le- Section, will use the legislative monitoring service to monitor state legislative and gisla tive Service regulatory activities through the year; that TLS will provide copies of bills filed and for legislative also access to its computer database concerning legislative matters; stating that funds monitoring service are available in General Fund GGO1, Center No. 0034001, Account No. 539120; and on sole -source- recommending that the City Council authorize a one-year purchase agreement, effective basis December 1, 1990, through November 30, 1991, with option to renew for one year, with the Texas Legislative Service for legislative monitoring service on a sole -source basis for an amount not to exceed $388.25 for the month of December 1990, and $349.16 per month for each of the remaining months of the contract and, in addition, services for any special session of the legislature will be billed separately, following each session, at an agreed cost of $960.00 per 30 -day session, billed on a pro rata basis on actual days used for a total amount not to exceed $7,109.01. It was the consensus of the City Council that the recommendation be adopted. M&C P-4699 re There was presented Mayor and Council Communication No. P-4699 from the City purchase of Manager stating that, due to budget constraints, October 1, 1990, operating hours at additional ter-_ the Southwest Regional Library were reduced; that checking in the increasingly large minals from Dynix, number of materials returned both in person and via the book drop has become an almost Inc. for Southwest impossible task; that relief is sought by adding two terminals for use for check in, Regional Library that the Southwest Regional Library presently has two telephone lines and multiplexers - one eight channel and one 12 channel - linked to the mainframe computer at the Central Library; that the terminals currently installed at the Regional Library use all of that capacity and, therefore, it is necessary to replace the eight channel with a larger multiplexer; stating that funds are available in General Fund GG01, Automated Services No. 0841020, Account No. 541320; and recommending that the City Council authorize the purchase of equipment from Dynix, Inc., in compliance with the Library's Automation Services Contract, as follows: Multiplexer - 16 channel $10,000.00 Modems for above 2,310.00 2 circulation terminals at $595 each 1,190.00 2 lightpen scanners at $700 each 1,400.00 Shipping 90.00 TOTAL $14,990.00 M&C P-4699 adopted iIt was the consensus of the City Council that the recommendation be adopted. M&C L-10369 re i There was presented Mayor and Council Communication No. L-10369 from the City acquisition of Manager recommending that the City pay a consideration of $1.00 for a temporary construc rectangularly -shaped temporary construction easement 25 feet in width and 17 feet in tion easement length out of Tract A, Block 2, Texas Pacific Railway Company Addition, as recorded in Volume 9339, Page 444, Deed Records, Tarrant County, Texas; same being located at the northwest corner of Tract A and along the 1200 block of the east right-of-way of Summit Avenue; located at 1201 Summit; owned by L.B.S. Limited Partnership by F.D. Thompson, Minutes of City Council R-3 Page 80 TUESDAY, JANUARY 22, 1991 M&C L-10369 cont. Jr., President; and required for Summit Avenue from Rio Grande Avenue to West Lancaster Avenue. It was the consensus of the City Council that the easement be acquired as recommended and that the expenditure be charged to Street Improvements Fund GS67, Center No. 016670951060, Account No. 541100. M&C L-10370 re There was presented Mayor and Council Communication No. L-10370 from the City deposit award Manager recommending that authority be granted to deposit the award of $875.00 allowed for eminent by Special Commissioners in eminent domain proceedings, Cause No. 348-131455-90, for domain proceedings the acquisition of a rectangularly -shaped permanent easement 15 feet in depth and approximately 102.59 feet in length located across the westerly portion of Tracts 5A and 5B, F.G. Mulliken Survey, Abstract No. 1045, as recorded in Volume 9857, Page 2154, Deed Records, Tarrant County, Texas; and a rectangularly -shaped construction easement 25 feet in width and approximately 102.59 feet in length adjacent to the westerly line of said permanent easement, required for rehabilitation of Sanitary Sewer Main 42, Lateral 527, and Main 383-A/Parcel 23. It was the consensus of the City Council that authority be granted to deposit the award allowed by Special Commissioners and that the expenditure be charged to Sewer Capital Improvements Fund PS58, Center No. 016580170650, Account No. 541100. M&C L-10371 re There was presented Mayor and Council Communication No. L-10371 from the City acquisition of Manager recommending that the City pay a total consideration of $575.00 for a permanent and rectangularly -shaped permanent easement 15 feet in depth and approximately 102.59 feet temporary construc in length located across the westerly portion of Tracts 5A and 5B, F.G. Mulliken tion easements Survey, Abstract No. 1045, as recorded in Volume 9857, Page 2154, Deed Records, Tarrant County, Texas; and a rectangularly -shaped construction easement 25 feet in width and approximately 102.59 feet in length adjacent to the westerly line of said permanent easement; located at 761 Samuels Avenue; owned by William C. Pool (1/2 Interest); and required for rehabilitation of Sanitary Sewer Main 42, Lateral 57, and Main 383-A/Parcel 23. 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, Center No. 016580170650, Account No. 541100. M&C L-10372 re There was presented Mayor and Council Communication No. L-10372 from the City acquisition of Manager recommending that the City pay a consideration of $1.00 for an temporary construc i rregul arly-shaped temporary construction easement ranging from 1.5 feet to seven feet tion easement in depth and 60 feet in length located adjacent to the existing three-foot utility easement located along the north property line of Lot 15, Block 4, Berkeley Addition, as recorded in Volume 204, Page 79, Deed Records, Tarrant County, Texas; located at 2020 Huntington Lane; owned by Rebecca Jean Poole Meriwether and David Meriwether; and required for Sanitary Sewer Rehabilitation Project Contract No. XVIII. It was the consensus of the City Council that the easement be acquired as recommended and that the expenditure be charged to Sewer Capital Improvements Fund PS58, Account No. 541100, Center No. 016580170810. M&C L-10373 re There was presented Mayor and Council Communication No. L-10373 from the City acquisition of Manager recommending that the City pay a total consideration of $858.00 for Lot 14, Lot 14, Block 126, Block 126, Chamberlain Arlington Heights No. 2 Filing Addition; located at Helmick and Chamberlain Arling Halloran; owned by Stephen Geis and Otis Clark; and required for Chamberlain Park ton Heights Extension/Como Multi Purpose Center Replacement. It was the consensus of the City Council that the land be acquired as recommended and that the expenditure be charged to Park and Recreation Fund GC23, Center No. 016781011607, Account No. 541100. M&C L-10374 re There was presented Mayor and Council Communication No. L-10374 from the City dedication of un- Manager recommending that the City Council authorize acceptance and execution of a derground utility rectangul arly-shaped public utility easement 20 feet in depth and approximately 753.50 easement feet in length located across the northerly line of Tracts 1B and 1A, G. Overton Survey, Abstract No. 972, as recorded in Volume 2512, Page 471, Deed Records, Tarrant County, Texas; located east of Highway F.M. '156 and south of Eagle Parkway; owned by Hillwood/1358, Ltd. (Hillwood Holding Corporation, Ross Perot, Jr.); and required for Alliance Airport. It was the consensus of the City Council that the recommendation be adopted, with funds available in Street Improvements Fund GS67, Center No. 016670951060, Account No. 541100. M&C L-10375 re There was presented Mayor and Council Communication No. L-10375 from the City acquisition of land Manager recommending that the City pay a consideration of $1.00 for an from Lot 9R, Block irregularly -shaped strip of land out of the north west corner of Lot 9R, Block 8, 8 Jennings South Addition, as described in Volume 5824, Page 132, Deed Records, Tarrant County, Texas; same being 35 feet in length and 5.07 feet in width; located at 1501 Summit Avenue; owned by A.B. Waldron, Jr., Norman S. Moize, and Curtis F. Nooner; and required for Summit Avenue from Rio Grande to West Lancaster Avenue. It was the consensus of the City Council that the land be acquired as recommended and that the expenditure be charged to Street Improvements Fund GS67, Center No. 016670951060, Account No. 541100. M&C L-10376 re There was presented Mayor and Council Communication No. L-10376 from the City pipeline license Manager stating that a pipeline agreement is required to excavate for, construct, agreement with maintain, and operate a 36 -inch portable water pipeline at the Lowden Street Station; Burlington North- stating that funds are available in Water Capital Improvement Fund PW77, Center ern Railroad No. 016770140080, Center No. 541100; and recommending that the City Manager be Company authorized to execute a pipeline license agreement with Burlington Northern Railroad Company at Railroad Chaining Station 38950 + 68, (aka a portion of Block 25, South Hemphill Heights Addition) and that a one-time fee of $450.00 be authorized for the license to Burlington Northern Railroad Company. It was the consensus of the City Council that the recommendations be adopted. Minutes of City Council R-3 Page 81 TUESDAY, JANUARY 22, 1991 &C L-10377 re There was presented Mayor and Council Communication No. L-10377 from the City cquisition of land Manager recommending that the City pay a total consideration of $15,000.00 for an rom Lot 12, Block irregularly-shaped strip of land 125 feet in length from the southeast corner of Lot 12, Block 9, of the Worth Heights Addition, as recorded in Volume 7165, Page 1242, Deed Records, Tarrant County, Texas; same being located along the southbound service road of I-35 and curving along Ripy Street; located at 3540 Highway 35 South; owned by Mike McDonald; and required for reconstruction of Biddison and Ripy Streets; and recommending that a bond fund transfer in the amount of $15,000.00 be approved from GS67-020670409010, Inner City Streets Unspecified, to GS67-016670401670, Biddison and Ripy Streets, to provide funds for right-of-way. It was the consensus of the City Council that the recommendations be adopted. &C L-10378 re There was presented Mayor and Council Communication No. L-10378 from the City cquisition of Manager recommending that the City pay a total consideration of $22,316.00 for an ermanent and irregularly-shaped permanent utility easement 25.0 feet in depth out of Tract 3B1, em porary co ns tr uc Thomas Benjamin Survey, Abstract No. 1497, as described in Volume 4831, Page 151, Deed ion easemnts Records, Tarrant County, Texas; same being 860.29 feet in width along its north line and 852.30 feet in width along its south line which lies parallel to and contiguous with with the north right-of-way line of Bailey -Boswell Road; and an irregularly-shaped temporary construction easement 30.0 feet in depth lying parallel to, contiguous with, and north of the described permanent easement; located at the northeast corner of the intersection of Bailey -Boswell Road and Old Decatur Road; owned by Kenneth L. Reed and wife, Ruby Lee Reed; and required for Northside II Water Transmission Main, Phase II, Section I, Contract 1, Project No. PW77-016770140020; and recommending that a bond fund transfer in the amount of $22,316.00 be authorized from Water Capital Improvement Fund PW77, Center No. 060770169010, Unspecified, to Water Capital Improvement Fund PW77, Center No. 016770140020, Northside II Transmission Main, Phase II, Section I, Contract 1. It was the consensus of the City Council that the recommendation be adopted. &C L-10379 re There was presented Mayor and Council Communication No. L-10379 from the City cquisition of Manager recommending that the City pay a total consideration of $40,760.00 for an ermanent and tem- irregularly -shaped permanent utility easement out of Tract 3B, Thomas Benjamin Survey, orary constructior Abstract No. 1497; same being 25.0 feet in depth and 1,857.95 feet in width and lying asements parallel to, contiguous with, and north of the north right-of-way line of Bailey -Boswell RDad; and an irregularly -shaped temporary construction easement out of Tract 3B, Thomas Benjamin Survey, Abstract No. 1497; same being 30.0 feet in depth and lying parallel to, contiguous with, and north of the described permanent utility easement; located at the northwest corner of the intersection of Bailey -Boswell Road and U.S. Highway 287, Saginaw; owned by First Baptist Church of Saginaw; and required for Northside Ii Water Transmission Main, Phase II, Section I, Contract 1; and that a fund transfer in the amount of $40,760.00 be authorized from Water Capital Improvement Fund PW77, Center No. 060770169010, Unspecified, to Water Capital Improvement Fund PW77, Center No. 016770140020, Northside II Transmission Main, Phase II, Section I, Contract 1. It was the consensus of the City Council that the recommendations be adopted. &C L-10380 re There was presented Mayor and Council Communication No. L-10380 from the City mpl ementati on of Manager, as follows: ake Worth use fee oat toilet i nspec SUBJECT: ADOPTION OF ORDINANCES CHANGING CHAPTER 18 (LAKE WORTH) OF THE CODE ion, and making OF THE CITY OF FORT WORTH (1986), AS AMENDED; IMPLEMENTATION OF hanges to the LAKE WORTH USE FEE, BOAT TOILET INSPECTION, CHANGES TO BOATING oating safety and SAFETY AND EQUIPMENT SECTIONS, AND ADDITION OF ARTICLE IV -MARINAS quipment sections AND MARINE FUEL FACILITIES RECOMMENDATION: It is recommended that the City Council approve: 1. The adoption of the attached ordinance that amends Sections 18-4, 18-5, 18-6, 18-36, 18-37, and 18-38 of Chapter 18 (Lake Worth) of the Code of the City of Fort Worth; and 2. The adoption of the attached ordinance that amends Chapter 18 (Lake Worth) of the Code of the City of Fort Worth by adding Article IV (Marinas and Marine Fuel Facilities). DISCUSSION: These ordinances are proposed to improve the safety and water quality of Lake Worth. The attached ordinance implements a Lake Worth use fee that will be used to pay for improved security and increased enforcement of boating safety rules and regulations. The ordinance also requires inspection of boat toilets to protect the water quality of the lake. The attached ordinance proposes regulations to govern marinas and marine fuel facilities on Lake Worth. Both ordinances have been proposed according to ideas and concerns expressed by interested citizens at public hearings. LAND AGENT: Pam Root r. Ralph Stanl: Mr. Ralph Stangl, 8100 Malaga Drive, appeared before the City Council and e M&C L-10380 requested that the City Council give favorable consideration for the proposed recommendations amending Chapter 18 (Lake Worth) of The Code of the City of Fort Worth. Minutes of City Council R-3 Page 82 S3 TUESDAY, JANUARY 22, 1991 Council Member Granger made a motion, seconded by Council Member Gilley, that the recommendations, as contained in Mayor and Council Communication No. L-10380, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member Granger introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Gilley. 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. 10770 10770 AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF CITY OF FORT WORTH (1986), AS AMENDED, BY REQUIRING LAKE WORTH USE FEE; BY REQUIRING LAKE WORTH USE FEE STICKER; BY REQUIRING BOAT TOILET INSPECTIONS; BY DEFINING CERTAIN TERMS; BY PROHIBITING CERTAIN WATER AND WATER RELATED CONDUCT; MAKING THIS ORDINANCE CUMULATIVE AND REPEALING ALL CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; 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 10. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 14. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. Introduced an Council Member Granger introduced an ordinance and made a motion that it be Ordiann ce adopted. The motion was seconded by Council Member Gilley. 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 NO ES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10773 10773 AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, TO MAINTAIN PUBLIC ACCESS, USE AND SAFETY ON LAKE WORTH BY REGULATING MARINAS AND MARINE FUEL FACILITIES; BY DEFINING CERTAIN TERMS; BY REQUIRING MINIMUM STANDARDS AND CONFIGURATIONS FOR LOCATION, LIGHTING, SAFETY, STRUCTURES, SANITATION AND POLLUTION CONTROL, AND ELECTRICITY; BY REQUIRING LICENSE AND ESTABLISHING LICENSE FEES; BY ESTABLISHING PLAN REVIEW FEES; BY REQUIRING INSPECTIONS, BY REQUIRING INSURANCE; BY REGULATING STORAGE TANKS; MAKING THIS ORDINANCE CUMULATIVE AND REPEALING ALL CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; 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 83 64 TUESDAY, JANUARY 22, 1991 Ordinance No. II SECTION 5. 10773 cont. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 9. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. M&C C-12696 re There was presented Mayor and Council Communication No. C-12696 from the City contract with Manager stating that the City Council approved an agreement with Lloyd, Gosselink, Lloyd, gosselink, Fowler, Blevins and Mathews, P.C., on June 19, 1990, by Mayor and Council Communication Fowler, Blevins No. C-12376 for legal assistance related to conducting a toxicity reduction evaluation; and Mathews, P.C. that the initial $10,000.00 has been expended due to extensive assistance required to for legal assist- implement and coordinate the TRE; that this assistance will continue to be requested on ance related to an as -needed basis; that LGFB would bill for work at an hourly rate of $170.00 for the toxicity re- attorney in charge, $145.00 for the assisting attorney, and $50.00 for briefing clerk duction evaluation and paralegal time; that the estimated maximum fee for assistance is $10,000.00, for a being performed total estimated maximum project fee of $20,000.00; stating that funds are available in on Village Creek Water and Sewer Operating Fund PE45, Center No. 0705002, Account No. 522150; and Wastewater Treat- recommending that the City Manager be authorized to continue an agreement with Lloyd, me n t System Gosselink, Fowler, Blevins and Mathews, P.C. for legal assistance related to a toxicity reduction evaluation being performed on the Village Creek Wastewater Treatment System, for a fee not to exceed an additional $10,000.00, for a total project fee not to exceed $20,000.00. It was the consensus of the City Council that the recommendation be adopted. M&C C-12697 re There was presented Mayor and Council Communication No. C-12697 from the City contract with Manager stating that it is necessary to plat the overall area of Meacham Airport so Gerry Curtis that building permits may be issued to the lessees that make improvements to their Associates, Inc. facilities; that the platting is required by State law and, therefore, to facilitate for preparation of development, the City of Fort Worth, as owner, has agreed to provide a final plat to map of Fort Worth the Development Department; that Gerry Curtis, Inc., has agreed to prepare the plat for Meacham Airport an amount not to exceed $6,500.00; stating that funds are available in Aviation Improvement Fund GC24, Center No. 016240438080, Account No. 541200; and recommending that the City Manager be authorized to execute a contract with Gerry Curtis Associates, Inc., for the preparation of a map of Fort Worth Meacham Airport in an amount not to exceed $6,500.00. It was the consensus of the City Council that the recommendation be adopted. M&C C-12698 re There was presented Mayor and Council Communication No. C-12698 from the City contract with Manager stating that the City of Fort Worth entered into an agreement with the City of Traffic Consult--,,:- Arlington on May 5, 1988, by Mayor and Council Communication No. C-10955 which included tants, Inc. for provisions for several streets bordering the two cities; that Green Oaks Boulevard from completion of Meadowbrook Boulevard to the proposed grade separated interchange with U.S. Highway 80 Green Oaks Boule- was included within the provisions of that contract; that City Council accepted the vard Principal State Minute Order on October 10, 1988, by Mayor and Council Communication No. G-7772 Arterial Street which authorized Green Oaks Boulevard from Eastchase Boulevard to U.S. Highway 80 as a System Principal Arterial Street System Project allowing it to be constructed with the aid of state and federal funds; that, in order to expedite the design and construction of this project, the Cities of Fort Worth and Arlington have proceeded with the design process under the terms of the 1988 agreement; that the engineering firm of Gordon Swift, Inc., has prepared a draft "Environmental Assessment" for the project and has guided it through the public hearing process; that the City of Arlington, in agreement with the City of Fort Worth, allowed Gordon Swift to be relieved from his contract and requested a proposal from Traffic Consultants, Inc., which has extensive experience with the complex environmental process under National Environmental Protection Act and is familiar with the state and federal environmental clearance process; that Traffic Consultants, Inc., presently is under a general services contract to assist with P.A.S.S. projects and has assisted on Green Oaks in recent related matters; that the City of Arlington has agreed to reimburse the City of Fort Worth 50 percent of all expenditures connected with this contract; and recommending that the contract be authorized with Traffic Consultants, Inc., for the completion of the Green Oaks Boulevard Principal Arterial Street System Project "Environmental Assessment" and "Summary Analysis" reports for an amount not to exceed $35,624.00 and that a bond fund transfer in the amount of $35,624.00 be authorized from GS67-02067023190, City's Share of State Department of Highways and Public Transportation Projects Unspecified, to GS67-020670232170, Green Oaks Boulevard PASS Project, to provide funds for the engineering services with Traffic Consultants, Inc. It was the consensus of the City Council that the recommendations be adopted. M&C C-12699 re There was presented Mayor and Council Communication No. C-12699 from the City Proposed Change Manager, as follows: Order No. 1 Myrtle SUBJECT: PROPOSED CHANGE ORDER NO. 1 MYRTLE AND PARKWAY DRIVE STREET and Parkway Drive IMPROVEMENTS Street improvement RECOMMENDATION: It is recommended that the City Council: Minutes of City Council R-3 Page 84 b5 TUESDAY, JANUARY 22, 1991 M&C C-12699 cont.II 1. Approve the release of funds encumbered in Contract Maintenance Fund 93 for Myrtle Street and approve the following fund transfers: F ROM TO AMOUNT REASON GS67-020670409010 GS67-020670401340 $97,742.38 To provide funds Inner City Streets Myrtle Street for construction. Unspecified GS93-020930521280 GS93-020930579010 $57,187.18 To return mainte- Myrtle and Parkway Prior Year Funding nance funds to Unspecified Ac- count. 2. Approve Change Order No. 1 in the amount of $40,555.20 and ten (10) additional working days and authorize the City Manager to increase City Secretary Contract No. 17686 with Austin Paving Company, Inc., to $240,072.87 and thirty-four (34) working days for reconstruction of Myrtle Street. BACKGROUND: On January 30, 1990 (M&C C-12135), the City Council awarded a contract in the amount of $199,517.67, with 24 working days, to Austin Paving Company to install new concrete curbs, gutters, and driveways and resurface Myrtle Street. The resurfacing of Parkway Drive was also included in this contract. (City Secretary Contract No. 17686.) PROPOSED CHANGE ORDER NO. 1: It was proposed by the In -House Design Section that Myrtle Street from Kuroki to the dead-end could most economically be improved by placing new curb and gutter adjacent to the existing asphalt street surface, milling the surface edges and then overlaying the street with 2" of new H.M.A.C. During the construction of the curbs and gutters, it was determined that utility lines in the street required replacement. This work eroded the street to such an extent that complete reconstruction of the street has now become necessary. This can best be accomplished by stabilizing the base material and installing a new full -depth HMAC pavement. The contractor has agreed to do this additional work for $40,555.20 and ten (10) additional working days. Engineering staff has reviewed the additional cost and finds it to be reasonable and proper for the work to be done. P ROJ ECT COST AND FINANCING: Original Contract Cost: $199,517.67 Proposed Change Order No. 1: 40,555.20 Proposed Contract Cost: $240,072.87 Approval of this change order would result in a 20.28% increase to the original contract amount. FINANCING: The cost of the resurfacing of Myrtle Street was to be financed from Contract Maintenance Funds. The reconstruction work will now have to be financed from bond funds. It is therefore necessary to finance the full cost of the reconstruction work ($97,742.38) from bonds rather than just the cost of the change order alone ($40,555.20). Sufficient funds are available for transfer in Street Improvements Fund 67, Project No. 020670409010, Inner City Streets Unspecified and Contract Maintenance Fund GS93, Project No. 020930521280, Myrtle and Parkway. Upon approval and completion of Recommendation No. 1, sufficient funds will be available in Street Improvements Fund 67, Project No. 020670401340, Myrtle Street, and the Contract Maintenance Account will be appropriately reimbursed. M&C C-12699 adoptei It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12699, be adopted. M&C C-12700 re There was presented Mayor and Council Communication No. C-12700 from the City contract with Manager stating that the City of Fort Worth currently is involved in several critical James Toal Company projects that need immediate, focused attention in order that the City's best interests for professional be protected; that two such examples are the planning and coordination related to the services involving I -35W corridor (Loop 820 to Denton) and the implementation plan for the Southwest economic develop- evelop- Freeway; that the James Toal Company is uniquely qualified to provide comprehensive men t and strategic ment professional services for these projects due to extensive experience with these and planning relating numerous similar projects, knowledge of and an acquaintance with most of the key to I - corridor individuals and agencies, inter -disciplinary knowledge of planning, engineering, and Loo from Loop 8 20 public administration, and proven abilities in accomplishing complex projects involving to Denton multiple decision makers; that the James Toal Company has agreed to provide services for a fee of $8,000.00 per month, payable at the end of the month, to allow reimbursable expenses up to an estimated maximum of $300.00 per month; and recommending Minutes of City Council R-3 Page 85 S J TUESDAY, JANUARY 22, 1991 M&C C-12700 cont, that the City Manager be authorized to execute a contract with the James Toal Company for professional services involving economic development and strategic planning relating to (1) the development of a strategic plan for the development of the I -35W corridor from Loop 820 to Denton; (2) the development of an implementation plan for the State Highway 121 extension (Southwest Freeway); and (3) other projects as assigned by the City Manager, with the term of the contract to begin February 1, 1991, and end January 31, 1992. It was the consensus of the City Council that the recommendation be adopted. M&C C-12701 re Change Order No. 4 and final pay- ment for Phase I, Alliance Airport Grading and Drain- age with Mario Sinacola and Sons, Inc. There was presented Mayor and Council Communication No. C-12701 from the City Manager, as follows: SUBJECT: APPROVAL OF CHANGE ORDER NO. 4 AND FINAL PAYMENT FOR PHASE 1, ALLIANCE AIRPORT GRADING AND DRAINAGE (MARIO SINACOLA AND SONS, INC.) RECOMMENDATION: It is recommended that the City Council: 1. Approve and authorize the City Manager to execute Change Order No. 4 to City Secretary Contract No. 16436; and 2. Accept and authorize final payment for the grading and drainage improvements to Fort Worth Alliance Airport to Mario Sinacola and Sons, Inc., in the amount of $34,480.01. RACKG RnUND : The City Council approved on May 17, 1988 (M&C C-10979) a contract with Mario Sinacola and Sons, Inc., in the amount of $4,479,513.41 for grading and drainage improvements at Fort Worth Alliance Airport. Change Order No. 1 was approved on October 18, 1988 (M&C C-11252) by the City Council which provided: the widening of an apron to meet F.A.A. tie -down requirements; additional topsoil modifications to the storm drainage system; removal of a structure; and correcting several pay quantity errors. This change order increased the contract cost by $9,992.41. Change Order No. 2 was approved on December 12, 1988 (M&C C-11358) by the City Council which provided: revision and regrading of the infield area needed to accommodate future instrument land facilities; revised portions of the storm drain system; additional underground pipe was added to accommodate future fueling area; and an additional seven calendar days were added to the contract. This change order increased the contract cost by $18,677.14. Change Order No. 3 was approved on February 21, 1989 (M&C C-11467) by the City Council which provided: additional topsoil; correction for several pay quantity items; and an additional twenty-one calendar days were added to the contract. This change order increased the contract cost by $32,188.54. Change Order No. 4 provides for the deletion of topsoil; the deletion of seeding and mulching of a seven acre area; the elimination of some channel excavation in Henrietta Creek. This change order reduces the contract by $22,700.00. DISCUSSION: This project was completed on October 6, 1989. During the course of the project, two subcontractors employed by Sinacola were found to be in violation of federally mandated prevailing wage payments. A fine totalling $2,110.00 was levied by the Department of Labor against Sinacola. This fine has not yet been paid and the City of Fort Worth is required to withhold it from the final contractor payment. PROJECT SUMMARY: Project Name: Project Number: Contract Number: Contractor: Contract Awarded: Work Order Dated: Work Order Effective on or Before: Work Began: Contract Time Began: Project Substantially Completed: Final Inspection Made: Contract Time Provided: Contract Time Used: Original Bid: Change Orders 1-4: Adjusted Contract: Final Quantity Adjustments: Grading and Drainage Improvements to Fort Worth Alliance Airport Phase I GR76-020218600100 CO 16436 Mario Sinacola and Sons, Inc. May 17, 1988 (M&C C-10979) May 23, 1988 May 24, 1988 May 24, 1988 May 24, 1988 March 15, 1989 October 6, 1989 296 Calendar Days 296 Calendar Days $4,479,513.41 $ 38,158.09 $4,517,671.50 $ + 391.20 Minutes of City Council R-3 Page 86 C C-12701 cont. M&C C-12701 adopte Gross Contract Cost: Labor Fine Department: Net Contract Cost: Previous Payments Final Payment Due: FINANCING: TUESDAY, JANUARY 22, 1991 $4,518,062.70 $ - 2,110.00 $4,515,952.70 $4,481,472.69 $ 34,480.01 Sufficient funds are available in Grant Fund GR76, Retainage Account No. 205005, Center No. 000218600100, Construction, in the amount of $31,590.01 and Center No. 000218601000, Alliance Airport Phase II in the amount of $2,890.00 to finance this final payment. (The staff is discussing with the F.A.A. an unresolved issue totalling $4,800.00 resulting from contractor time delays.) It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12701, be adopted. M&C C-12702 re There was presented Mayor and Council Communication No. C-12702 from the City contract with Manager stating that Imad T. Hage d/b/a Eagle International, under City Secretary Imad T. hage dba Contract No. 17640, leases 430 square feet of carpeted office space located on the Eagle International first floor of the Fort Worth Meacham Airport Terminal Building; that the contract will for first floor expire on January 31, 1991, and the tenant seeks a one-year renewal; that the term of office space at the lease renewal will begin February 1, 1991, and end January 31, 1992; that the Fort Worth Meacham rental rate of $11.20 per square foot per year for 430 square feet of space resulting Airport in an annual revenue of $4,816.00; that a clause will be included in the lease contract to prohibit the lessee from making any alterations or entry into the overhead area of the premises in order to prevent the disturbance of asbestos present in that area; that all other conditions of the lease renewal will remain the same as those contained in the expiring contract; and recommending that the City Manager be authorized to enter into a lease renewal with Imad T. Hage, an individual, d/b/a Eagle International for first floor office space at Fort Worth Meacham Airport. It was the consensus of the City Council that the recommendation be adopted. M&C C-12703 re There was presented Mayor and Council Communication No. C-12703 from the City cancellation of ex Manager stating that Fort Worth Burlington Federal Credit Union, under City Secretary isging lease and Contract No. 17231, leases a two room suite of offices containing 259 square feet of entering into new space on the second floor of the Fort Worth Meacham Airport Terminal Building; that the lease with Fort,-, credit union desires to move into a larger suite, also on the second floor, containing Worth Burlington 365 square feet; that the term of the new lease will begin on October 1, 1990, and end Federal Credit on September 30, 1991; that the tenant will hold the right to cancel the lease upon 30 Union for space at days notice, for which privilege the recommended rental rate has been increased by ten Fort worth Meacham percent for a total annual revenue of $3,879.95; that a clause will be included in the Airport lease contract to prohibit the lessee from making any alterations or entry into the overhead area of the premises in order to prevent disturbance of the asbestos present in that area; that all other terms of the lease agreement will remain the same as those contained in other leases for like area; and recommending that the City Manager be authorized to cancel an existing lease and enter into a new lease with Fort Worth Burlington Federal Credit Union. It was the consensus of the City Council that the recommendation be adopted. M&C C-12704 re There was presented Mayor and Council Communication No. C-12704 from the City contract with Manager stating that Dobbs Houses, Inc., under City Secretary Contract No. 17828, Dobbs Houses, Inc. operates the restaurant and cocktail bar in the Meacham Airport Terminal Building; that for operation of the lease will expire on January 31, 1991, and the tenant seeks to renew the agreement Meacham Airport for one additional year; that Dobbs Houses, Inc., have performed satisfactorily under Termainal restaur- the terms of the expiring agreement; that the new term of the agreement will begin ant and coctail ba February 1, 1991, and end January 31, 1992; that the rental rate during the extended term will remain at $500.00 per month; that a clause will be included in the lease contract to prohibit the lessee from making any alterations or entry into the overhead area of the premises in order to prevent disturbance of the asbestos present in that area; that all other conditions of the lease renewal will remain the same as those contained in the existing contract; and recommending that the City Manager be authorized to enter into a lease renewal with Dobbs Houses, Inc., for operation of the Meacham Airport Terminal restaurant and cocktail bar. It was the consensus of the City Council that the recommendation be adopted. M&C C-12705 re amendment with Carter & Burgess, Inc. for additions services for desig of site improvemen for Page Avjet Facility at Fort Worth Meacham Air- port There was presented Mayor and Council Communication No. C-12705 from the City Manager, as follows: SUBJECT: AMENDMENT NO. 2 TO DESIGN CONTRACT WITH CARTER & BURGESS, INC., FOR MEACHAM AIRPORT/PAGE AVJET SITE IMPROVEMENTS RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an amendment to City Secretary Contract Nos. 17773 and 18039 with Carter & Burgess, Inc., for additional services in connection with the design of site improvements for the Page Avjet facility at Meacham Airport, increasing the consultant's fee by $20,500.00 from $196,571.49 to $217,071.49. Minutes of City Council R-3 Page 87 &C C-12705 cont. TUESDAY, JANUARY 22, 1991 BACKGROUND: On February 28, 1990, the City Council entered into an Agreement (City Secretary Contract No. 17700 authorized by M&C C-12194 dated February 27, 1990) with the Page Avjet Corporation regarding the construction of an aircraft maintenance hangar at Meacham Airport. The terms of the Agreement required that the City design and construct the necessary site improvements for the new hangar. On April 3, 1990 (M&C C-12255), the City Council authorized the City Manager to execute a contract with Carter & Burgess, Inc., to design the site improvements at a lump sum fee of $151,000.00. On August 7, 1990 (M&C C-12455), the City Council authorized the City Manager to amend Carter & Burgess' contract to reflect additional design work in connection with Page Avjet's decisions to use the apron as a fueling/defueling apron and to construct the north hangar, rather than the middle hangar, in Phase I of the project. DISCUSSION: Carter & Burgess, Inc., has subsequently offered to perform the following work, requested by the City, which is outside the scope of the existing contract agreements: revised the contract documents to provide for bidding the construction work as two phases; deleted the designs for the temporary parking lot and the temporary road south of the hangar; modified the design for paving north of the hangar to accommodate Page Avjet's holding tank and equipment; reviewed shop drawings for the Unit I site improvement contract and for the Unit II utility contract (except for the fire protection pump station and water tanks which are in the original contract); revised grading plan to avoid FAA cable which was mislocated by others; prepared plat for the Page Avjet site; prepared easement descriptions for utilities serving the site; prepared legal description of Page Avjet site to accompany revised City/Page Avjet agreement; printed 55 additional sets of plans and specifications; and performed miscellaneous other construction phase services as requested. Carter & Burgess has proposed to perform all of the foregoing additional work for a fee of $20,500.00. Staff has reviewed the proposal in detail and considers it to be fair and reasonable. PROJECT FINANCING: Sufficient funds are available in Fund GC24, Center No. 020240438070, Account No. 531200. Council Member Meadows requested permission of the City Council to abstain from voting on Mayor and Council Communication No. C-12705 involving Carter & Burgess, Inc. Council Member Gilley made a motion, seconded by Council Member Zapata, that Council Member Meadows be permitted to abstain from voting on Mayor and Council Communication No. C-12705 and, when the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Gilley made a motion, seconded by Council Member Zapata, that the recommendations, as contained in Mayor and Council Communication No. C-12705, 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 &C C-12706 re There was presented Mayor and Council Communication No. C-12706 from the City ipeline license Manager stating that a pipeline agreement, located at Mile Post 249.94, Everman Branch, greement with is required for the installation of a water line; stating that sufficient funds are issouri Pacific available in Water Capital Improvement Fund PW77, Center No. 016770140070, Account ailroad Company No. 541100; and recommending that the City Manager be authorized to execute a pipeline or installation license agreement with Missouri Pacific Railroad Company and that Union Pacific f water line at Railroad Company be paid a one-time fee of $1,270.00. It was the consensus of the City i 1 e Post 294.94 Council that the recommendations be adopted. verman Branch &C C-12707 re There was presented Mayor and Council Communication No. C-12707 from the City ease renewal with Manager, as follows: hoenix Composite quadron of Civil SUBJECT: LEASE RENEWAL WITH PHOENIX COMPOSITE SQUADRON OF THE CIVIL AIR it Patrol for use PATROL f basement space t Fort Worth RECOMMENDATION: eacham Airport ermi nal Building It is recommended that City Council authorize the City Manager to enter into a lease renewal with the Phoenix Composite Squadron of the Civil Air Patrol Minutes of City Council R-3 Page 88 67 TUESDAY, JANUARY 22, 1991 M&C C-12707 cont. II for use of basement space in the Fort Worth Meacham Airport Terminal Building. II BACKGROUND: Under City Secretary Contract No. 17008, as amended by City Secretary Contract Number 17643, the Phoenix Squadron of the Civil Air Patrol leases space in the Meacham Airport Terminal Building. The lease will expire on November 30, 1990, and Civil Air Patrol seeks to renew for an additional year. The Civil Air Patrol, a volunteer, nonprofit organization, leases three, separate rooms in the basement of the Fort Worth Meacham Airport Terminal. The members use the space for offices, meeting rooms, classrooms and storage. Although rental fees for the subject 3749 square feet of space would normally be $5.42 per square foot per year for annual revenue of $20,319.58, the tenant has requested that rent be waived, as has been the previous practice. Rental is recommended to be a token payment of one dollar. Term of the extended lease will begin December 1, 1990 and end November 30, 1991. No heating, air conditioning, nor janitorial service is furnished to the basement area. The lease may be terminated at any time for any reason upon notice. It should be noted that Acme School of Aeronautics, Inc. currently holds a lease option on 1,823 square feet now leased to Civil Air Patrol. CAP representatives have agreed to relocate should a paying tenant come forth requesting space. The City will attempt to find other suitable space but will be under no obligation to do so. Neither will the City reimburse CAP for any expenses incurred for moving into or out of the space. CAP furnishes the customary liability insurance coverage required of other airport tenants. A clause will be added to the lease contract to prohibit the lessee from making any alterations or entry into the overhead area of the premises. The purpose of which is to prevent disturbance of the asbestos present in that area. Highlights of accomplishments of CAP are emergency service assistance to people in distress, advancements in aerospace education for CAP members and the general public, and citizenship and leadership development for CAP cadets and senior members. CAP members have assisted with auto parking for the air show in the past. The Aviation Advisory Board at its meeting on September 20, 1990 recommended the City Council's approval. FINANCING: M&C FP -2767 re No City funding will be required. M&C C-12707 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor Manager stating and Council Communication No. C-12707, be adopted. M&C C-12708 re There was presented Mayor and Council Communication No. C-12708 from the City contract with Manager stating that, under City Secretary Contract Nos. 17592 and 17600, Enterprise Enterprise Aero, Aero, Inc., d/b/a Acme School of Aeronautics leases 846 and 611 square feet of Inc. dba Acme classroom space in the basement of the Fort Worth Meacham Airport Terminal; that the School of Aero- term of the two leases will expire on January 31, 1991, and Acme has requested a nautics for base- renewal of the leases for an additional one-year term; that the term of the lease ment kspace in renewals will begin February 1, 1991, and end January 31, 1992; that the total annual Fort Worth Meacham revenue will be $7,896.94; that a clause will be included in the lease contracts to Airport Terminal prohibit the lessee from making any alterations or entry into the overhead area of the Building premises in order to prevent disturbance of the asbestos present in that area; that all Inc. other terms of the lease extension will remain the same as those contained in the to Hemphill; authorize final payment expiring contracts; that no City funds will be expended; and recommending that the City Manager be authorized to enter into two lease renewals with Enterprise Aero, Inc., Inc.; and approve the final assessment d/b/a/ Acme School of Aeronautics for basement space in the Fort Worth Meacham Airport Terminal Building. It was the consensus of the City Council that the recommendation be in evidence of special assessments levied adopted. M&C FP -2767 re There was presented Mayor and Council Communication No. FP -2767 from the City assessment paving Manager stating that the assessment paving of West Bolt Street from 6th to Hemphill has of West Bolt Stree been completed in accordance with plans and specifications under Contract No. 17723 from 6th Street to awarded to Harrod Paving, Inc., on January 23, 1990; and recommending that the City Hemphill Street Council approve a bond fund transfer in the amount of $7,334.67 from GS67-020670409010, authorized payment Inner City Streets Unspecified, to GS67-020670401810, West Bolt, 6th to Hemphill, to to Harrod Paving, provide additional funds for construction; accept as complete paving of West Bolt Inc. Street from 6th to Hemphill; authorize final payment in the amount of $33,700.16 to Harrod Paving, Inc.; and approve the final assessment rolls and authorize the issuance of certificates in evidence of special assessments levied against the abutting property owners of West Bolt Street from 6th to Hemphill. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2768 re There was presented Mayor and Council Communication No. FP -2768 from the City authorized payment Manager stating that the contract for construction of the 24 MGD Expansion, Phase IIA, to Martin K. Eby Effluent Filter Area, Village Creek Wastewater Treatment Plant has been completed in Construction Co., accordance with plans and specifications under Contract No. 16634 awarded to Martin K. Inc: for 24 MGD Expansion, Phase IIA, Effluent Filter Area, Village Creel-, Wastewater Treat- ment Plant Minutes of City Council R-3 Page 89 W TUESDAY, JANUARY 22, 1991 M&C FP -2768 cont. Eby Construction Co., Inc., on September 14, 1988; and recommending that the City Council accept as complete the contract to Martin K. Eby Construction Co., Inc., for construction of the 24 MGD Expansion, Phase IIA, Effluent Filter Area, Village Creek Wastewater Treatment Plant; and authorize final payment in the amount of $1,049,486.53 to Martin K. Eby Construction Co., Inc., with funds available in Sewer Capital Improvement Fund PS84, Retainage Account No. 205001, Center No. 000840160010, and Contract Encumbrance No. 16634, Center No. 070840160010. It was the consensus of the City Council that the recommendations be adopted. Second Public It appearing to the City Council that the City Council set today as the day for Hearing for Fort the second public hearing in connection with the levying of assessments for Fort Worth Worth Improvement Improvement District No. 1 FY1990-91, and that notice of the hearing has been given by District No. 1 publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, Texas, Mayor Bolen asked if there was anyone present desiring to be heard. M&C G-9009 re Attention of the City Council was called to Mayor and Council Communication Second Benefit No. G-9009 from the City Manager, as follows: Hearing and levyini, SUBJECT: SECOND BENEFIT HEARING AND LEVYING OF ASSESSMENTS FOR FORT WORTH of assessments for IMPROVEMENT DISTRICT NO. 1 FY1990-91 Fort Worth Improve ment District No. RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying the proposed assessments on twenty-three parcels of land in Fort Worth Improvement District No. 1. nrsrussrnN The total amount to be assessed is $4,713, which represents assessments on the remaining twenty-three parcels not included in the first benefit hearing held on October 30, 1990. These twenty-three parcels were not listed on the tax rolls as of October 4, 1990 when the first benefit hearing was scheduled. IMPROVEMENTS: The improvements to be provided during fiscal year 1990-91 in Fort Worth Improvement District No. 1, and the costs thereof are as follows: The improvements are fully described in a service, improvement and assessment plan which was adopted by the City Council on September 25, 1990, and is on file in the office of the City Secretary. The improvements will be provided by Downtown Fort Worth, Inc., under contract number 17438. PROJECT COST AND FINANCING: $4,713 of the cost of improvements shall be assessed against property located in the district and the owners of the property. The assessments shall be based on the value of each parcel on January 1, 1990, as determined by the City Council, including the value of structures or other improvements, with the assessments on each parcel to be determined by applying a rate of 8.0 cents for each $100 of property value. The City Manager has filed with the City Secretary a proposed assessment roll and an estimate of the assessments against each parcel. On October 30, 1990 (M&C G-8888), the City Council held a special benefit hearing and adopted Ordinance No. 10709. This ordinance levied assessments in the amount of $596,121 against 360 parcels of private property and all City -owned property within the district. The values of the remaining 23 accounts have been appraised and certified by TAD. On January 3, 1991 (M&C G-8978), the City Council approved the final supplemental assessment roll and estimated amounts to be assessed against the 23 parcels, and set January 22, 1991 as the date for a special benefit hearing. It is proposed that a total of $4,713 be assessed against these 23 parcels. Based on the appraised value of the property, considering the benefits to be received from the proposed improvements, it is the opinion of the City staff that each parcel of property will be enhanced in value by an amount equal to Minutes of City Council R-3 Page 90 PROPOSED ASSESSMENTS PROPOSED TOTAL APPROVED ASSESSMENTS TOTAL ASSESSMENTS 10/30/90 1/22/91 COST 1990-91 FY HEARING HEARING (a) A maintenance and $425,912 $328,828 $328,018 $ 810 landscaping program (b) A promotions program 85,000 48,000 47,882 118 (c) A marketing program 53,000 53,000 52,870 130 (d) A security program 21,000 21,000 20,948 52 (e) A transportation and 4,005 4,005 3,995 10 parking program (f) A management program 152,760 146,001 142,408 3,593 TOTALS $741,677 $600,834 $596,121 $4,713 (100%) (99.2%) (0.8%) The improvements are fully described in a service, improvement and assessment plan which was adopted by the City Council on September 25, 1990, and is on file in the office of the City Secretary. The improvements will be provided by Downtown Fort Worth, Inc., under contract number 17438. PROJECT COST AND FINANCING: $4,713 of the cost of improvements shall be assessed against property located in the district and the owners of the property. The assessments shall be based on the value of each parcel on January 1, 1990, as determined by the City Council, including the value of structures or other improvements, with the assessments on each parcel to be determined by applying a rate of 8.0 cents for each $100 of property value. The City Manager has filed with the City Secretary a proposed assessment roll and an estimate of the assessments against each parcel. On October 30, 1990 (M&C G-8888), the City Council held a special benefit hearing and adopted Ordinance No. 10709. This ordinance levied assessments in the amount of $596,121 against 360 parcels of private property and all City -owned property within the district. The values of the remaining 23 accounts have been appraised and certified by TAD. On January 3, 1991 (M&C G-8978), the City Council approved the final supplemental assessment roll and estimated amounts to be assessed against the 23 parcels, and set January 22, 1991 as the date for a special benefit hearing. It is proposed that a total of $4,713 be assessed against these 23 parcels. Based on the appraised value of the property, considering the benefits to be received from the proposed improvements, it is the opinion of the City staff that each parcel of property will be enhanced in value by an amount equal to Minutes of City Council R-3 Page 90 TUESDAY, JANUARY 22, 1991 M&C G-9009 cont.II or more than the proposed assessments upon completion of the improvements in accordance with the contract. Property owners were advised by mail and by publication of a legal notice on January 11, 1991, that a public hearing to consider the proposed assessments will be held by the City Council on January 22, 1991, at 10:00 a.m. The purpose of the hearing is to permit all persons owning property in the district to be fully heard concerning the proposed improvements, the costs thereof, the amounts to be assessed, the values of the respective parcels of property, the benefits to the property because of the improvements, the validity and adequacy of the contract, and any matter to which they are entitled to hearing under law. Following the hearing, the assessments shown on the proposed assessment roll, if approved and accepted by the City Council, will be levied against the properties shown thereon 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 upon receipt of billing. Accounts will become delinquent if not received by February 28, 1991. The entire amount assessed against a parcel of property shall bear interest from and after the first day of March, 1991, at the rate of 10 percent per annum until paid. Mr. Kirk Bednar Mr. Kirk Bednar, Management Assistant, appeared before the City Council and re M&C G-9009 advised the City Council that today's public hearing is a supplemental assessment hearing for 23 properties which were not included in the first public hearing held on October 30, 1990; and that all of the property owners have been given notice of the hearing in accordance with State statutes. There being no one else present desiring to be heard in connection with the hearing on the proposed assessment on 23 parcels of land in Fort Worth Improvement District No. 1, FY1990-91, Council Member Gilley made a motion, seconded by Council Member Zapata, that the hearing be closed and that the assessments be levied on the 23 parcels of land in Fort Worth Improvement District No. 1. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member Gilley introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member 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. ORDINANCE NO. 10771 10771 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PORTION OF THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES TO BE PROVIDED IN FORT WORTH IMPROVEMENT DISTRICT NO. 1 DURING FISCAL YEAR 1990-91; FIXING CHARGES AND LIENS AGAINST 23 PARCELS OF 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. Public Hearing for street name It appearing to the City Council that a public hearing was scheduled for today's change of "Orea City Council meeting regarding the street name change of "Orea Way" to "Harper Drive", Way" to "Harper extending from Trinity Boulevard, south, to its termination approximately 900 feet at a Drive" cul-de-sac, Mayor Bolen asked if there was anyone present desiring to be heard. Mr. Joe Bi 1 ardi Mr. Joe Bi 1 ardi , Director of the Development Department, appeared before the Ci ty re Street name Council and advised the City Council that Koch Refining Company owns the adjoining change property to "Orea Way". I Council Member Chappell advised the City Council that he is disqualified from voting on Mayor and Council Communication No. G-9011 involving Koch Refining Company. There being no one else present desiring to be heard in connection with the proposed street name change of "Orea Way" to "Harper Drive", Council Member Gilley made a motion, seconded by Council Member Zapata, that an ordinance be adopted changing the street name of "Ores Way" to "Harper Drive", extending from Trinity Boulevard, south, to its termination approximately 900 feet at a cul-de-sac. 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: None Minutes of City Council R-3 Page 91 v �K, Introduced an Ordinance Ordinance No. 10772 Mr. David Manning re war against crime in Fort Worth City Attorney Adkins re Mr. David Manning Council Member Gilley re com- plaints that con- tractors on City of Fort Worth pro- jects are not pay- ing their sub- contractors Assistant City Attorney Gary Steinburger re debarrment process Met in closed or Executive session Reconvened into regular session Adjourned TUESDAY, JANUARY 22, 1991 ABSENT: None NOT VOTING: Council Member Chappell Council Member Gilley 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. 10772 AN ORDINANCE CHANGING THE NAME OF "OREA WAY" TO "HARPER DRIVE"; MAKING THIS ORDINANCE CUMULATIVE OF ALL OTHER ORDINANCES AFFECTING STREET NAMES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. THAT the name of the street known as "Orea Way", a public street and right-of-way, as it runs from Trinity Boulevard southward to its termination, approximately 900 feet, in a cul-de-sac, be and the same is hereby changed to "Harper Drive". SECTION 2. That this ordinance shall be cumulative of all other ordinances affecting the names of streets in the City of Fort Worth except insofar as it may be in conflict with the provisions of those ordinances, in which instance they are expressly repealed. SECTION 3. That 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. Mr. David Manning, 5200 Rector, President of the Fort Worth Police Officers' Association, appeared before the City Council regarding the war against crime in Fort Worth; and requested that the Mayor and City Council inform the Fort Worth Police Officers' Association as to whether or not a City Charter Amendment Election for a Pay Referendum for the Police Department could be held at the same time that the City Council election in May is held and, if not, the earliest date on which the election can be held once the petition has been validated, and requested that the City Attorney provide them with an opinion on this matter by the middle of February. City Attorney Adkins advised Mr. Manning that an opinion can be ready by next week. Mayor Pro tempore Garrison requested that Mr. David Manning provide him in writing substantiating evidence to previous allegations by Mr. Manning regarding identification of "City Fathers" who brought alleged extreme pressure on the Police officers to increase the revenue of the City of Fort Worth from traffic tickets. Council Member Gilley advised the City Council that he has received complaints that contractors on City of Fort Worth projects are not paying their subcontractors and requested that an internal policy be established to prohibit general contractors who sign a "bills paid" affidavit and do not pay the subcontractors from bidding on any future City of Fort Worth projects for a reasonable period of time. Assistant City Attorney Gary Steinburger appeared before the City Council and advised the City Council that the Department of Law will look into the feasability of establishing a debarrment process for City of Fort Worth contractors who do not pay subcontractors. It was the consensus of the City Council that the City Council meet in closed or executive session to receive the advice of its attorney concerning litigation regarding Tarrant County Mayor's Council et al versus City of Fort Worth, Cause No. 236-130173-90. The City Council reconvened into regular session with all members present. There being no further business, the meeting was adjourned. CITY SECITETARY MATD R Minutes of City Council R-3 Page 92