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HomeMy WebLinkAbout1991/01/29-Minutes-City Council13 'r CITY COUNCIL MEETING JANUARY 29, 1991 Council met On the `29th day of January, A.D., 1991, the City Council of the City -of Fort Worth, Texas, met in regular session, with the following members and officers present, to -wit: Members Present Mayor Bob Bolen; Ma: or Pro tempore William N. Garrison; Council Members Louis J. Zapata, Kay Granger, Eugene McCray, Garey W. Gilley, Bill Meadows, Virginia Nell Webber, and David Chappell; City Manager David Ivory; City Attorney Wade Adkins; City Secretary Ruth Howard; with more than a quorum present, at which time the following business was transacted: Invocation The invocation was given by The Reverend Liz Lamberth, Tarrant Area Community of Churches. Pledge of The Pledge of Allegiance was recited. Allegiance January 22, 1991 On motion of Council Member Gi 1 1 ey, seconded by Mayor Pro tempore Garrison, the minutes approved minutes of the meeting of January 22, 1991, were approved. Withdrew M&C Nos. P-4707, L-10381 fr City Manager Ivory requested that Mayor and Council Communication Nos. P-4707 and consent agenda L-10381 be withdrawn from the consent agenda. Withdrew M&C C-127 I from consent agenda Council Member Chappell requested that Mayor and Council Communication No. C-12711 be withdrawn from the consent agenda. Withdrew M&C Nos. C-12709, C-12710 Counci 1 Member Meadows requested that Mayor and Council Communication Nos. C-12709 from consent agenda and C-12710 be withdrawn from the consent agenda. Municipal Court Ad City Manager Ivory requested that consideration of leave of absence without pay visory Committee for Judge Williams (Municipal Court Advisory Committee Policy Memorandum No. 14) and Policy Memorandum Mayor and Council Communication No. L-10381 be withdrawn from the agenda. No. 14 and M&C, L- 10381 withdrawn fron On motion of Council Member Gilley, seconded by Council Member Chappell, the agenda consent agenda, as amended, was approved. Consent agenda, as amended, was ap- Council Member Webber expressed her appreciation to Mrs. Hazel Harvey Peace for proved her service on the Library Advisory Board and nominated Ms. Johnnie Staton to Place 8 Council Member for membership on the Library Advisory Board, and made a motion, seconded by Council Webber expressed Member McCray, that Ms. Staton be appointed to Place 8 on the Library Advisory Board. appreciation to When the motion was put to a vote by the Mayor, it prevailed unanimously. Mrs. Hazel Harvey Peace for the mem- Council Member Granger nominated Mr. E. Glen Johnson for membership on the bon the Li- Aviation Advisory Board, The Reverend Gayland Pool for membership on the Historic and brary ary Advisory Cultural Landmark Commission;. and Ms. Dorothy St. John for membership on the Library Board Advisory Board and made a motion, seconded by Council Member Gilley, that Mr. E. Glen Nominated E. Glen Johnson be reappointed to the Aviation Advisory Board, that The Reverend Gayland Pool Johnson on the be reappointed to the Historic and Cultural Landmark Commission, and that Ms. Dorothy Hic and Cul- St. John be reappointed to the Library Advisory Board. When the motion was put to a al turai Landmark Co- vote by the Mayor, it prevailed unanimously. mmi ssi on Condolences to the The Council Court and Legal Committee and the Fort Worth City Council expressed family of the late condolences to the family of the late Judge Corley Williams. Judge Corley Willaims It was the consensus of the City Council that consideration of leave of absence without pay - Judge Williams (Municipal Court Advisory Committee Policy Memorandum No. 14) be withdrawn from the agenda. ouncil Member Council Member Zapata requested that City Manager Ivory reiterate the reasoning apata re - pro- for the hiring of Mr. James Toal Company for professional services regarding Southwest essional services Freeway (SH -121) from Loop 820 to Denton and the development of implementation plan for, egardi ng Southwest Southwest Freeway. reeway (SH -121) City Manager Ivory advised the City Council that Mr. Toal will be utilized to expedite long-standing critically needed"projects and to process grants for the retraining of persons who were laid off from General Dynamics. City Manager Ivory advised the City Council that, in his opinion, the fee proposed to be paid to Mr. James Toal is in line with area industry. &C OCS-235 re There was presented Mayor and Council Communication No. OCS-235 from the Office of iability Bond the City Secretary recommending that the City Council authorize the acceptance of a Parkway Contractor's Bond issued to JBM Builders, Inc., by the Fidelity and Deposit Company of Maryland. It was the consensus of the City Council that the recommendation be adopted. &C OCS-236 Claims There was presented Mayor and Council Communication No. OCS-236 from the Office of the City Secretary recommending that notices of claims for alleged damages and/or injuries be referred to the Risk Management Department, as follows: ndrea Raspberry 1. Claimant: Andrea Raspberry Date Received: January 18, 1991 Date of Incident: December 13, 1990 Location of Incident: 4374 Sahara Place Estimate of Damages/ Injuries: $354.67 Minutes of City Council R-3 Page 93 TUESDAY, JANUARY 29, 1991 Claim of Andrea Nature of Incident: Claimant alleges damages sustained as result Raspberry cont. 11 of sewer backup. Paul C. Isham 2• Claimant: Paul C. Isham Date Received: January 18, 1991 Date of Incident: December 22, 1990 Location of Incident: On Jacqueline Street East of Weiler Blvd. Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages sustained as result of water main break. Carl so Martinez 3. Claimant: Carlos Martinez Date Received: January 18, 1991 Date of Incident: Undeclared Location of Incident: 21st Street Estimate of Damages/ Injuries: $1,200.00 Nature of Incident: Claimant alleges damages to vehicle as result of accident involving City -owned vehicle (Police). Amer Abedelhakeen 4. Claimant: Amer Abedelhakeen Ozzie Ozzie Date Received: January 22, 1991 Date of Incident: January 13, 1991 Location of Incident: 3100 Block of Springdale Road Estimate of Damages/ Injuries: $202.09 Nature of Incident: Claimant alleges vehicular damages sustained as the result of road conditions. Parchevi a Lennett 5. Cl aimant: Parchevi a Lennette Roberson Roberson Date Received: January 18, 1991 Date of Incident: November 19, 1990 Location of Incident: 700 Houston Street Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges injuries sustained as result of a fall on a City bus. George A. Howell 6. Claimant: George A. Howell Date Received: January 22, 1991 Date of Incident: November 22, 1990 Location of Incident: 6800 Middle Road Estimate of Damages/ Injuries: $47.50 - $74.50 Nature of Incident: Claimant alleges damages sustained as result of sewer line blockage. Jamie's food Stord 7• Claimant: Jamie's Food Store/I.B.D. Corporation I.B.D. Corporati o Date Received: January 22, 1991 Date of Incident: January, 1990 - November, 1990 Location of Incident: 6701 East Lancaster Attorney: Bill Bowers Estimate of Damages/ Injuries: $13,692.57 Nature of Incident: Claimant alleges damages sustained by result of presence of sewerage sludge in observation wells. Dalton Louis King 8. Claimant: Dalton Louis King Date Received: January 23, 1991 Date of Incident: November 22, 1990 Location of Incident: Cheyenne Cattle Company Club, Fort Worth Attorney: Robert McCrarey Estimate of Damages/ Injuries: $10,046,600.00 Nature of Incident: Claimant alleges injuries sustained as the result of being shot in the back of the head. OCS-236 adopted It was the consensus of the City Council that the recommendation be adopted. Benefit Hearing It appearing to the City Council that the City Council on January 3, 1991, set assessment pav- today as the date for benefit hearing in connection with the assessment paving of Old ing of Old Hem- Hemphill Road, Unit 1A, from Stratton Street to 180 feet north and that notice of the phill Road, Unit hearing has been given by publication in the Fort Worth Star -Telegram, the official 1A newspaper of the City of Fort Worth, Texas, on January 7, 8, and 9, 1991, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Lunda Mrs. Martha Lunday, representing the Department of Transportation and Public re assessment Works, appeared before the City Council and advised the City Council that the paving of Old independent appraisal performed by Mr. Robert Martin substantiates that, as a result of Hemphill Road the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment; that the independent appraisal report has been submitted to the City Council; that Mr. Robert Martin is Minutes of City Council R-3 Page 94 TUESDAY, JANUARY 29, 1991 Mrs. Martha Lundayl) available for questioning; and called attention of the City Council to Mayor and cont. BH -0041 Council Communication No. BH -0041, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF OLD HEMPHILL ROAD, UNIT 1A, FROM STRATTON STREET TO 180 FEET NORTH, (PROJECT NO. 67-040211) RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abutting property is specially benefited in enhanced value in excess of the amount assessed for the improvement of Old Hemphill Road, Unit 1A, from Stratton Street to 180 feet North. DISCUSSION: The 1986 Capital Improvement Program approved in March 1986, included funds for the improvement of Old Hemphill Road from Altamesa Boulevard to Stratton Street. Owners of 50% of the property abutting Old Hemphill Road at the Stratton Street intersection have petitioned the City to extend the original project limits to the north by one hundred and eighty feet. Stratton Street has been formally vacated and replatted since the 1986 CIP, and this extension will take the street improvements full length of a lot instead of stopping mid -lot. On January 3, 1991 (M&C G-8991), the City Council established January 29, 1991, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. The project is located in Council District 6. PROPOSED IMPROVEMENTS: It is proposed to improve this segment of Old Hemphill Road, Unit 1A, by constructing a standard concrete pavement section with standard curb on an asphalt base and stabilized subgrade. The finished roadway will be forty feet wide on an eighty foot right-of-way. PROPOSED ASSESSMENTS: The Assessment Paving Policy as revised November 6, 1990 (M&C G-8894), establishes three methods of determining assessments, and allows for the residential rate to be applied to vacant lots as appropriate. Under this policy, assessments cannot exceed (a) the computed cost, (b) enhancement to the property, or (c) for residential properties, 20% of the property value as determined by the Tarrant Appraisal District. An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. Based on standard City policy, the City Engineer's estimate, and the advice of the independent appraiser, the cost of the construction has been computed at $3,671.28 (8%) for the property owners and $39,778.72 (92%) for the City of Fort Worth at large. The independent appraisal substantiates that, as a result of the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment. There being no one else present desiring to be heard in connection with the benefit hearing for the assessment paving of Old Hemphill Road, Unit 1A, from Stratton Street to 180 feet north, Council Member Gilley made a motion, seconded by Council Member Chappell, that the hearing be closed and that the assessments be levied as recommended. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member Gilley introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, . Granger, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Minutes of City Council R-3 Page 95 "t; TUESDAY, JANUARY 29, 1991 rdinance No. ORDINANCE NO. 10774 0774 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF OLD HEMPHILL ROAD, UNIT 1A, FROM STRATTON STREET TO 180 FEET NORTH, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING TO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. ssessment paving It appearing to the City Council that the City Council.on January 3, 1991, set f Missouri Avenue today as the date for the benefit hearing in connection with the assessment paving of rom Maddox Avenue Missouri Avenue from Maddox Avenue to Magnolia Avenue and that notice of the hearing o Magnolia Avenue has been given by publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, Texas, on January 7, 8, and 9, 1991, Mayor Bolen asked if there was anyone present desiring to be heard. rs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public e assessment pav- Works, appeared before the City Council and advised the City Council that the ng of Missouri independent appraisal performed by Mr. Robert Martin substantiates that, as a result of venue - BH -0042 the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment; that the independent appraisal report has been submitted to the City Council; that Mr. Robert Martin is available for questioning; and called attention of the City Council to Mayor and Council Communication No. BH -0042, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF MISSOURI AVENUE FROM MADDOX AVENUE TO MAGNOLIA AVENUE (PROJECT NO. 67-040219) RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abutting property is specially benefited in enhanced value in excess of the amount assessed for the improvement of Missouri Avenue from Maddox Avenue to Magnolia Avenue. DISCUSSION: The 1986 Capital Improvement Program approved in March 1986, included funds for the improvement of Missouri Avenue from Myrtle Street to Magnolia Avenue. Based on neighborhood input, that portion of Missouri Avenue from Maddox Avenue to Myrtle Street was added (one block) due to the very poor condition of the pavement. The street consists of a substandard HMAC pavement section with some curb and gutter. It is in the Near Southeast Target Area and has never previously been constructed to City Standards. Community Development Block Grant funds will provide a portion of the construction cost. In accordance with the Assessment Paving Policy, properties zoned and used for one- and two-family residences are not being assessed. On January 3, 1991 (M&C G-8990), the City Council established January 29, 1991, as the date of the benefit hearing. Notices have been given in accordance with Article 11O5b, Vernon's Annotated Civil Statutes. The project is located in Council District 8. PROPOSED IMPROVEMENTS: It is proposed to improve this segment of Missouri Avenue by constructing a standard concrete pavement with standard concrete curb over a lime stabilized subgrade. The finished roadway will be twenty-eight feet wide on a forty-five foot right-of-way. Standard driveway approaches and sidewalks will be constructed where specified on the plans. ASSESSMENTS: This street has not previously been constructed to City standards and is located in a CDBG Target Area; therefore, in accordance with the Assessment Paving Policy, properties zoned and used for one- and two-family residences are not being assessed. PROPOSED ASSESSMENTS: The Assessment Paving Policy as revised November 6, 1990 (M&C G-8894), establishes three methods of determining assessments and allows for the residential rate to be applied to vacant lots as appropriate. Under this policy, assessments cannot exceed (a) the computed cost, (b) enhancement to the property, or Minutes of City Council R-3 Page 96 TUESDAY, JANUARY 29, 1991 H-0042 cont.II (c) for residential properties, 20% of the property value as determined by the Tarrant Appraisal District. An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. Based on standard City policy, the City Engineer's estimate, and the advice of the independent appraiser, the cost of the construction has been computed at $9,026.00 (6%) for the property owners and $131,411.88 (94%) for the City of Fort Worth at large. The independent appraisal substantiates that, as a result of the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment. There being no one else present desiring to be heard in connection with the benefit hearing for the assessment paving of Missouri Avenue from Maddox Avenue to Magnolia Avenue, Council Member Webber made a motion, seconded by Council Member Gilley, that the benefit hearing be closed and that the assessments be levied as recommended. When the motion was put to a vote by the Mayor, it prevailed unanimously. n tr od uce d an Council Member Webber introduced an ordinance and made a motion that it be adopted. rdinance 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: rdinance No. 11 ORDINANCE NO. 10775 0775 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF MISSOURI AVENUE, FROM MADDOX AVENUE TO MAGNOLIA AVENUE AND PORTIONS OF SUNDRY OTHER STREETS, AVENUESAND PUBLIC PLA S IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING TO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. &C G-9013 re There was presented Mayor and Council Communication No. G-9013 from the City ork authorization Manager recommending that the City Council authorize the City Manager to execute a work i th AR3-3 for re- authorization in accordance with AR3-3 for the replacement of 1,472 linear feet of lacement of 1,472 six-inch sanitary sewer main pipe with eight -inch sanitary sewer main pipe by Water inear feet of six Department Field Operation crews located in the alley west of Chestnut Street from nch sanitary sewer north of Northwest 27th Street to Northwest 25th Street for a total estimated project ain pipe with cost of $63,012.10, with funds available in Water and Sewer Operating Fund PE45, Center ight-inch sanitary No. 0707004, Account No. 541600. It was the consensus of the City Council that the ewer main pipe recommendation be adopted. &C G-9014 re There was presented Mayor and Council Communication No. G-9014 from the City ork authorization Manager recommending that a work authorization be authorized in accordance with AR3-3 ith AR3-3 for the for the water main replacement in Wesleyan Drive from Avenue H to Rosedale for a total ater main replace- estimated project cost of $47,446.67, with funds available in Water and Sewer Operating ent in Wesleyan Fund PE45, Center No. 0607004, Account No. 541600. It was the consensus of the City rive from Avenue H Council that the recommendations be adopted. &C G-9015 re There was presented Mayor and Council Communication No. G-9015 from the City ppointment of Mr. Manager stating that City Ordinance No. 10104 provides that members of the Building obert Starr to the Standards Commission be appointed by the City Manager with the approval of the City uilding Standards Council; that each member of the Commission is eligible to serve three consecutive ommision two-year terms; and recommending that the City Council ratify the appointment of Mr. Robert E. Starr to Place 7 on the Building Standards Commission. It was the consensus of the City Council that the recommendation be adopted. &C G-9016 re . There was presented Mayor and Council Communication No. G-9016 from the City apital Improvement Manager stating that the 1986 Capital Improvement Program approved in March 1986 rogram for the im- included funds for the improvement of Martin Street from Wichita Street to Shackleford rovement of Martin Street; that the existing street is HMAC pavement with some curb and gutter and has treet from Wichita never been constructed to city standards; that the project is located in Council, tree t District 8; that the proposed total estimated costs of the assessment is $649,000.00; stating that financing for the project will be established at the time of the contract award; and recommending that the City Council: 1. Declare the necessity for and order the improvements to Martin Avenue from Wichita Street to Shackleford Street; Minutes of City Council R-3 Page 97 los TUESDAY, JANUARY 29, 1991 112. Authorize the assessment of a portion of the cost of the improvements to M&C G-9016 cont. Martin Avenue against the owners of the abutting property; 3. Approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate; 4. Establish February 26, 1991, as the date of the benefit hearing; and 1. The assessments for PID No. 2 are payable on or before February 28 (instead of January 31), 1991; 2. Assessments shall be delinquent if not paid before March 1 (instead of February 1), 1991; and 3. The entire amount assessed against each parcel of property shall bear interest from and after March 1 (instead of February 1), 1991, at a rate of 10 percent per annum until paid. M&C G-9017 adopted It was the consensus of the City Council that the recommendations be adopted. Introduced an Council Member Gilley introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10776 10776 AN ORDINANCE AMENDING ORDINANCE NO. 10754 WHICH CLOSED A HEARING AND LEVIED ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES TO BE PROVIDED IN FORT WORTH IMPROVEMENT DISTRICT NO. 2 DURING 1990; PROVIDING THAT SUCH ASSESSMENTS SHALL BE PAYABLE ON OR BEFORE FEBRUARY 28, 1991, SHALL BE DELINQUENT IF NOT PAID BEFORE MARCH 1, 1991, AND SHALL BEAR INTEREST AT A RATE OF 10 PER CENT PER ANNUM FROM THE DATE OF DELINQUENCY UNTIL PAID; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: VI. This ordinance shall take effect and be in full force and effect from and after its passage, and it is so ordained. M&C G-9018 re There was presented Mayor and Council Communication No. G-9018 from the City Bond Fund Transfer Manager, as follows: Lake Arlington SUBJECT: BOND FUND TRANSFER - LAKE ARLINGTON RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute the following bond fund transfers: FROM GC05/541200/080050420040 Highland Hills Recreation Center TO GC05/541200/080050500110 General Park Development AMOUNT $65,000 Minutes of City Council R-3 Page 98 REASON Completion of building construction 5. Authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes. M&C G-9016 adopted It was the consensus of the City Council that the recommendations be adopted. M&C G-9017 re There was presented Mayor and Council Communication No. G-9017 from the City assessments for Manager stating that the first assessments for PID No. 2 were levied on December 18, PID No. 2 1990, (by Ordinance No. 10754, Mayor and Council Communication No. G-8974); that, because most of the property is single family residential, many property owners are needing a period of time to clarify if the assessments are to be paid by a mortgage company from funds in an escrow account or by the property owner; that the February 1 deadline was used because it is the deadline used for City taxes and other special assessment districts; that, because this is the first year for PID No. 2 and notices were sent during the holidays, it is recommended that for this initial year an additional month be granted before accounts become delinquent and begin to accrue interest; and recommending that an ordinance be adopted amending Ordinance No. 10754, as follows: 1. The assessments for PID No. 2 are payable on or before February 28 (instead of January 31), 1991; 2. Assessments shall be delinquent if not paid before March 1 (instead of February 1), 1991; and 3. The entire amount assessed against each parcel of property shall bear interest from and after March 1 (instead of February 1), 1991, at a rate of 10 percent per annum until paid. M&C G-9017 adopted It was the consensus of the City Council that the recommendations be adopted. Introduced an Council Member Gilley introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10776 10776 AN ORDINANCE AMENDING ORDINANCE NO. 10754 WHICH CLOSED A HEARING AND LEVIED ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES TO BE PROVIDED IN FORT WORTH IMPROVEMENT DISTRICT NO. 2 DURING 1990; PROVIDING THAT SUCH ASSESSMENTS SHALL BE PAYABLE ON OR BEFORE FEBRUARY 28, 1991, SHALL BE DELINQUENT IF NOT PAID BEFORE MARCH 1, 1991, AND SHALL BEAR INTEREST AT A RATE OF 10 PER CENT PER ANNUM FROM THE DATE OF DELINQUENCY UNTIL PAID; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: VI. This ordinance shall take effect and be in full force and effect from and after its passage, and it is so ordained. M&C G-9018 re There was presented Mayor and Council Communication No. G-9018 from the City Bond Fund Transfer Manager, as follows: Lake Arlington SUBJECT: BOND FUND TRANSFER - LAKE ARLINGTON RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute the following bond fund transfers: FROM GC05/541200/080050420040 Highland Hills Recreation Center TO GC05/541200/080050500110 General Park Development AMOUNT $65,000 Minutes of City Council R-3 Page 98 REASON Completion of building construction &C G-9018 cont. II GC05/541200/080050500110 General Park Development DTSMISSTON TUESDAY, JANUARY 29, 1991 GC05/541200/080050410210 Lake Arlington Park $65,000 To fund Development Phase of Lake Arling- ton Park On August 1, 1989 the City Council approved M&C C-11774, authorizing the City Manager to execute a contract with Coronado Builders, Inc., in the amount of $1,029,747.00 to construct the Highland Hills Recreation Center. The original project budget was $900,000.00. Within the same M&C, bond fund transfers from the General Park Development Fund were approved to insure sufficient funds for the construction, inspection, project administration and contingencies related to the project. On October 16, 1990 the City Council approved M&C FP -2729 with a final contract price of $1,047,160.00, accepting the completion of Highland Hills Recreation Center. With the completion of the project, it is requested that the amount of $65,000 be transferred back into General Park Development Fund (GC05/541200/080050500110). The Park and Recreation Department requests that a bond fund transfer from General Park Development (GC05/541200/080050500110) to Lake Arlington Park (GC05/541200/080050410210) in the amount of $65,000 be made for the development phase of this neighborhood park site. Programmed improvements to the park include walks, fishing area, park shelter and general clean-up. FINANCING: Sufficient funds are available for transfer of $65,000.00 from Park and Recreation Fund GC05, Center No. 080050420040, Highland Hills Recreation Center to Center No. 080050500110, General Park Development. Upon approval and completion of the aforementioned transfer, sufficient funds will be available for transfer from Center No. 080050500110, General Park Development to Center No. 080050410210, Lake Arlington Park. Expenditures will be made to Account No. 541200. &C G-9018 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. G-9018, be adopted. &C G-9019 re There was presented Mayor and Council Communication No. G-9019 from the City exas Property Tax Manager stating that the Texas Property Tax Code requires that a taxpayer must request ode a refund for tax overpayment within three years of that payment; that Section 31.11 of the Property Tax Code further requires approval by the governing body before refunding overpayments or erroneous payments in instances where the refund exceeds $500.00; that funds are available in General Fund GG01, Center No. 0134020, Account No. 411012; and recommending tax refunds totalling $4,416.33 be approved, as follows: ACCOUNT NO. LEGAL DESCRIPTION NAME AMOUNT 0169-28-52 Meadowbrook Hills Chimney Great Western Bank $2,089.78 1989 Taxes Wood/Lot 58, Blk 1 (City & School) Taxes Paid Twice 0322-65-57 University Place Add. Wiggins, Thomas $2,326.55 1990 Taxes Lot 4, Blk 30 (City & School) Taxes Paid Twice TOTAL ACCOUNTS $4,416.33 Council Member Chappell made a motion, seconded by Mayor Pro tempore Garrison, that the recommendation be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. &C G-9020 re There was presented Mayor and Council Communication No. G-9020 from the City bate a Public Manager, as follows: uisance - property t 2600 Rand Street SUBJECT: HEARING BY THE CITY COUNCIL TO ABATE A PUBLIC NUISANCE - PROPERTY LOCATED AT 2600 RAND STREET RECOMMENDATION: It is recommended that the City Council: 1. Confirm and declare that the location listed below is a public nuisance; and 2. Order the owner or other persons having charge or control of the property to abate the public nuisance by removal of all scrap metal, old furniture, household items, debris, used clothing, discarded lumber, Minutes of City Council R-3 Page 99 TUESDAY, JANUARY 29, 1991 wooden pallets, plastic buckets, carpet scraps, grocery carts, tires, an M&C G-9020 cont. extensive number of garbage bags and cardboard boxes full of unknown items, junk and other unlawful matter from the premises; and further order the owner to prevent the recurrence of the present conditions. i016*111116*11(i13 Section 11A-34 of the Fort Worth City Code makes it unlawful to store or accumulate or permit the storage or accumulation of debris, rubbish, or trash; discarded or broken household furnishings, appliances or other items; discarded building materials; damaged merchandise; wet boxes; and materials or items of any nature stored on porches of buildings when visible from the public right-of-way or neighboring property; water-logged furniture; pieces of cabinets; display shelves and racks; discarded or inoperable tools; items .or containers that are decayed and are a harborage for rodents, on any property within the City. The property in violation of this section is described as follows: OWNER PROPERTY Lealea D. Courtney Tax Account No. 04097491 2600 Rand Street 2600 Rand Street Fort Worth, Texas 76103 Abstract 1228, Tract 49E J.L. Purvis Survey LIEN HOLDER PERSON WITH POSSIBLE OWNERSHIP INTEREST Gibraltar Savings Association Tim Witt 13401 North Freeway P.O. Box 7172 Houston, Texas 77060 Fort Worth, Texas 76111-0172 On February 28, 1989, an inspection of the property located at 2600 Rand Street revealed an accumulation of old furniture as well as trash and debris and other unsightly matter on the premises. The property owner, Ms. Lealea D. Courtney, was notified of the violation and directed to abate the violation by removing the accumulation of items from the property. Despite numerous requests and the subsequent issuance of several citations by the Code Enforcement Division to the property owner, the property has not been cleaned and brought into compliance with the City Code. Ms. Courtney has repeatedly promised the Code Enforcement Division that she will comply but has not. She has also told the Municipal Court prosecutor that she will abate the nuisance but has failed to do so. Rather, the situation has worsened and the accumulation of Section 11A-34 matter has multiplied drastically. Ms. Courtney's neighbors have volunteered to help her remove the items but she has refused their assistance and continues to add to the mounds of refuse. Mr. Tom Davis, the Director of City Services, on January 8, 1991, decreed that the property in its current condition presented a situation that is a fire hazard, and a harborage for rodents. Further, that items present on the property tend by decay to become putrid and are offensive to the senses, detrimental to the public health, dangerous to human life or health, and declared it to be a nuisance. On January 10, 1991, in accordance with the City of Fort Worth Nuisance Abatement Ordinance No. 9664, Section 11A-52; the Superintendent of Code Enforcement, Rufino Mendoza, sent the owners a certified letter apprising them of the director's decree and order to abate the nuisance by 5:00 p.m. on Thursday, January 24, 1991. Further, the owners were informed of their right to appeal on or before January 24, 1991, at the office of the Director of City Services to show cause why such order should not or could not be complied with. If compliance is not achieved, the Director of City Services, pursuant to Sections 11A-55 et seq of the City Code, requests that a public hearing be held by the City Council and the subject property be declared a nuisance to be abated by Friday, February 8, 1991. If Council declares this property to be a nuisance, the property owners will be served with a copy of the written order within five (5) days of the decision of the City Council. Also, the property owners will be notified that said decision may be contested by filing a petition in State District Court within ten (10) days of the City Council's decision. The property owners will be notified that failure to abate the nuisance will result in the City authorizing and directing the nuisance to be abated by City forces or private contract. FINANCING: Sufficient funds are available in the General Fund GGO1, Center No. 0214002, Inspection. Expenditure will be made from Account No. 539120. M&C G-9020 adopted On motion of Council Member Granger, seconded by Council Member McCray, the recommendations, as contained in Mayor and Council Communication No. G-9020, were adopted. Minutes of City Council R-3 Page 100 TUESDAY, JANUARY 29, 1991 M&C G-9021 re There was presented Mayor and Council Communication No. G-9021 from the City Fire Safety Educa- Manager stating that the Fire Safety Education puppet shows are presented to local tion puppet shows schools, home shows, Mayfest, during the annual Fire Prevention Week activities, and the summer Learn Not to Burn® Fun Day in the Park to teach children the importance of smoke detectors, not playing with matches, and other fire safety lessons; that the current sound system used with the show no longer is sufficient for the larger audiences attending the shows; that approval of the transfer of $260.00 will allow the purchase of two speakers and one playback recorder to upgrade the sound system in order for all attendees to hear the presentations; and recommending that the City Council: 1. Approve the transfer of $260.00 from the Special Gift Fund FE88, Fire Department Center No. 013036009000, Account No. 488232, Fire Safety House, to General Fund GGO1, Fire Administration No. 0361000, Account No. 481272; and 2. Adopt the attached supplemental appropriations ordinance increasing estimated receipts by $260.00 in General Fund GGO1, Center No. 0361000, Fire Administration, and appropriations by $260.00 in General Fund GGO1, Center No. 0362000, Fire Prevention. M&C G-9021 adopted It was the consensus of the City Council that the recommendations be adopted. Introduced an Council Member Gilley introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: . None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10777 10777 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE GENERAL FUND, GGO1, MISCELLANEOUS - FIRE, ACCOUNT NO. 481272, FIRE ADMINISTRATION, CENTER NO. 0361000 OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1990-91 BY TRANSFERRING THE SUM OF $260.00 FROM THE SPECIAL GIFT FUND, FE88, FIRE SAFETY HOUSE, ACCOUNT NO. 488232, FIRE DEPARTMENT, CENTER NO. 013036009000, AND APPROPRIATING SAID AMOUNT TO THE GENERAL FUND, GGO1, MINOR EQUIPMENT, ACCOUNT NO. 524010, FIRE PREVENTION, CENTER NO. 0362000, SAID FUNDS TO BE USED FOR THE PURPOSE OF PURCHASING TWO SPEAKERS AND ONE PLAYBACK RECORDER TO UPGRADE THE CURRENT SOUND SYSTEM USED IN THE PRESENTATION OF PUPPET SHOWS BY FIRE SAFETY EDUCATION TO TEACH CHILDREN THE IMPORTANCE OF SMOKE DETECTORS, NOT PLAYING WITH MATCHES, AND OTHER FIRE SAFETY LESSONS; 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. City Manager Ivory advised the City Council of an amendment to be made under Recommendation No. 1, first line should read "Section 3, Chapter 6". III Minutes of City Council R-3 Page 101 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-9022 re There was presented Mayor and Council Communication No. G-9022 from the City Ethics Review Manager stating that Mr. Joe Cameron filed a complaint with the Ethics Review Committee Committee hired on October 31, 1990, alleging that Council Member Bill Meadows violated Section 2-238 Mr. Tom Law as., of the Code of Ethics Ordinance; that, when a complaint is filed against certain independent legal officials, including members of the City Council, independent legal counsel shall be counsel selected to advise the Ethics Review Committee and to participate in hearings; that fee arrangements with such counsel must be approved by the City Council; that the Ethics Review Committee voted to select Mr. Tom Law on January 10, 1991, as its independent legal counsel in the proceeding relating to Council Member Meadows; that Mr. Law, an attorney who is well recognized for his knowledge and experience, has agreed to advise the Committee and to participate in the hearing for a fee of $110.00 per hour (one-half his regular hourly rate); stating that funds are available in General Fund GGO1, Center No. 0121000, Account No. 539120; and recommending that the City Council retain Mr. Tom Law pursuant to Section 3, Chapter 6 of the City Charter, as outside legal counsel to advise the Ethics Review Committee concerning a complaint filed with the Committee by Joe Cameron on October 31, 1990, and adopt a resolution fixing in advance, as far as practical, the compensation to be paid Mr. Law for his services, an amount not to exceed $3,500.00. City Manager Ivory advised the City Council of an amendment to be made under Recommendation No. 1, first line should read "Section 3, Chapter 6". III Minutes of City Council R-3 Page 101 1� A.0 TUESDAY, JANUARY 29, 1991 City Attorney Adkins advised the City Council that Council Member Meadows is disqualified from voting on Mayor and Council Communication No. G-9022. City Attorney Adkins advised the City Council that the compensation amount to be paid to Mr. Law is a not -to -exceed amount. On motion of Mayor Pro tempore Garrison, seconded by Council Member Webber, the recommendations, as contained in Mayor and Council Communication No. G-9022, were adopted, as amended. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Webber, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Meadows Mr. Joe Cameron Mr. Joe Cameron, 4605 Applewood, appeared before the City Council regarding his re denial of legal alleged denial of legal counsel and requested that the hearing scheduled for counsel February 7, 1991, be televised on the cable channel. Mayor Bolen advised Mr. Cameron that the matter will be taken under consideration. Introduced a. Mayor Pro tempore Garrison introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member Webber. 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, Webber, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Meadows The resolution, as adopted, is as follows: Resolution No. 169 RESOLUTION NO. 1699 WHEREAS, on October 31, 1990, Joe Cameron filed a complaint with the Ethics Review Committee alleging that Councilman Bill Meadows violated Section 2-238 of the Code of Ethics Ordinance; and WHEREAS, Section 2-245(a) of the Code of Ethics Ordinance provides that when a complaint is filed against certain officials, including members of the City Council, that independent legal counsel shall be selected by the Committee to advise the Committee and to participate in hearings; and WHEREAS, such independent legal counsel is to be selected by the Ethics Review Committee on a case-by-case basis and fee arrangements for such counsel are subject to approval by the City Council; and WHEREAS, on January 10, 1991, the Committee voted to select Tom Law as its independent legal counsel in the proceeding relating to Councilman Meadows; and WHEREAS, Tom Law possesses the knowledge and experience to advise the Committee in this matter; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH; I. That Tom Law be retained as independent legal counsel pursuant to Section 3, Chapter VI of the City Charter and to Section 2-245(a) of the Code of Ethics Ordinance to advise the Ethics Review Committee concerning the complaint filed by Joe Cameron against Councilman Bill Meadows and to participate in any hearings concerning the complaint. II. That, as far as practicable, the compensation to be paid Tom Law for his services be fixed in an amount not to exceed $3,500, Mr. Law's hourly rate for handling this matter being $110 (one-half of his standard $220 hourly rate). &C P-4700 re There was presented Mayor and Council Communication No. P-4700 from the City urchase agreement Manager stating that the City Council authorized a purchase agreement for drafting or drafting supp- supplies by Mayor and Council Communication No. P-4044, dated February 13, 1990, from i es from Asel Art Asel Art Supply of Fort Worth based on low overall bid on a list of most frequently upply of Fort Wor h Minutes of City Council R-3 Page 102 TUESDAY, JANUARY 29, 1991 M&C P-4700 cont. purchased drafting supplies; that the Stationery Stores Division of the Finance Department will use this agreement to provide drafting supplies for various City departments; stating that purchases will be charged to Office Services Fund PI60, Subsidiary Inventory Account No. 141275; and recommending that the City Council exercise an option to renew for one year the purchase agreement to provide drafting supplies for the Finance Department from Asel Art Supply of Fort Worth, with term of agreement to be effective February 13, 1991, and end February 12, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C P-4701 re There was presented Mayor and Council Communication No. P-4701 from the City emergency purchase Manager recommending that the City Council confirm the emergency purchase of parking of parking garage garage repairs for the Public Events Department at the Amon G. Carter, Jr., Exhibit repairs for the Hall, for an amount not to exceed $6,400.00 to Haws & Tingle General Contractors, Inc., Public Events De- with funds available in Insurance Fund FE71, Center No. 0157140, Account No. 534260. par tment at the It was the consensus of the City Council that the City Council confirm the emergency Amon G. Carter, Jr purchase of parking garage repairs for an amount not to exceed $6,400.00 to Haws & Exhibit Hall Tingle General Contractors, Inc. M&C P-4702 re There was presented Mayor and Council Communication No. P-4702 from the City purchase of 50,000 Manager submitting a tabulation of bids received for the purchase of 50,000 aluminum aluminum rivets f0ff rivets for the Transportation and Public Works Department; stating that purchases will the Transportation be charged to General Fund GGO1, Account No. 523040, Center No. 0204002; and and Public Works recommending that the purchase be made from South Company Fasteners on low bid meeting Department City specifications of $11,350.00. It was the consensus of the City Council that the recommendation be adopted. M&C P-4703 re There was presented Mayor and Council Communication No. P-4703 from the City authorized U.S. Manager stating that the City Council authorized U.S. Environmental Service to remove Environmental Ser- asbestos at the Holly Water Treatment Plants for a total cost of $164,723.00; that vice to remove Mayor and Council Communication No. P-4599 also authorized Allied Air to provide air asbestos at the monitoring services for a total cost of $14,200.00; that, in the process of performing Holly Water Treat- the work, the contractor identified additional asbestos not included in the scope of ment Plants work authorized by City Council; that the Water Department on December 20, 1990, requested an emergency purchase of services be made; that the City Manager's Office and the Legal Department were notified of the emergency situation and the purchase orders processed; and recommending that the City Council: 1. Authorize a fund transfer in the amount of $46,055.00 from Water Capital Improvement Fund PW53, Center No. 060530159010, Unspecified, to Water Capital Improvement Fund PW53, Center No. 060530171710, Asbestos Removal North and South Holly Plants. 2. Authorize a fund transfer in the amount of $4,500.00 from Water Capital Improvement Fund PW53, Center No. 060530159010, Unspecified, to Water Capital Improvement Fund 53, Center No. 060530171710, Asbestos Removal Air Monitoring. 3. Confirm the emergency purchase of asbestos removal and air monitoring services for the Water Department, as follows: U. S. Environmental Services (asbestos removal) $46,055.00 Allied Air (air monitoring) 4,500.00 Not to exceed $50,555.00 M&C P-4703 adopted It was the consensus of the City Council that the recommendations be adopted. M&C P-4704 re There was presented Mayor and Council Communication No. P-4704 from the City purchase agreement Manager submitting a tabulation of bids received for a purchase agreement for cathodic for cathodic pro- protection for the Water Department; stating that budgeted funds are sufficient to tection for the cover the anticipated expenditure; and recommending that a purchase agreement be Water Department authorized with Cathodic Protection Services on low unit cost of $290.00 for each water storage tank; and authorize the term of agreement to be effective upon authorization by City Council and end one year later or when last option for renewal is authorized. It was the consensus of the City Council that the recommendations be adopted. M&C P-4705 re There was presented Mayor and Council Communication No. P-4705 from the City purchase of two Manager submitting a tabulation of bids received for the purchase of two 50.0 GVWR crew 50.0 GVWR crew cab dump trucks with emulsion units for the Equipment Services Division; stating that cab dump trucks purchases will be charged to Equipment Services Operating Fund PI61, Inventory with emulsion units Subsidiary Account No. 141700; and recommending that the purchase be made from for the Equipment Southwest International on its low bid meeting City specifications of $143,000.00 net, Services Division f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-4706 re There was presented Mayor and Council Communication No. P-4706 from the City purchase of one Manager submitting a tabulation of bids received for the purchase of one 58.0 GVWR 58.0 GVWR conven=: conventional cab and chassis body with a 10-12 cubic yard dump body and one 56.0 GVWR tional cab and flatbed pipe truck with a five ton crane for the Equipment Services Division; stating chassis body Tote that purchases will be charged to Equipment Services Operating Fund PI61, Subsidiary. the.Equipment Ser- Account No. 141700; and recommending that the purchase be made from Summit White GMC vices Division Trucks on low bid meeting City specifications of $158,393.55 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council R-3 Page 103 1 f ,q TUESDAY, JANUARY 29, 1991 M&C P-4708 re purchase agreement to supply water treatment chemical for the Park and Recreation Depart- ment with United Worth Hydrochem Corporation &C P-4708 adopted &C L-10381 re ithdrawn from genda M&C C-12709 re Proposed Change Order No. 2 to 24 MGD Expansion Phase IIB, Aeratio Basin Area, VCWWTP There was presented Mayor and Council Communication No. P-4708 from the City Manager submitting a quotation received for a purchase agreement with an option to renew for one additional year to supply water treatment chemicals for the Park and Recreation Department; stating that budgeted funds are sufficient to cover the anticipated expenditure by the department participating in the agreement; and recommending that the City Council authorize: 1. A purchase agreement with an option to renew for one additional year with United Worth Hydrochem Corporation to supply water treatment chemicals for the Park and Recreation Department on the bid of unit prices, meeting City specifications, as follows: There was presented Mayor and Council Communication No. P-4707 from the City M&C P-4707 re Manager submitting a tabulation of bids received for the purchase of 19,700 caladium purchase of 19,700 flower bulbs for the Park and Recreation Department; stating that funds are available caladium flower in General Fund GG01, Center No. 0802053, Account No. 522010; and recommending that the bulbs for the Park purchase be made on the low bid of $0.19 each for a total amount not to exceed and Recreation De- $3,743.00 net, with the casting of lots to determine the vendor for the tie bids partment with received. K. Van Bourgondien $3.99/lb. & Sons, Inc. City Secretary Howard announced that lots will be cast for the purchase of the Silicone Base Antifoam caladium flower bulbs inasmuch as identical bids were submitted by K. Van Bourgondien & e) Sons, Inc., and Langeveld Bulb Company and, following the drawing of bids by Mr. Judson Muriatic Acid (HCL) Bailiff, representing Langeveld Bulb Company, and Mr. Ben Allen, representing K. Van f) Bourgondien & Sons, Inc., Council Member Gilley made a motion, seconded by Council Sulfuric Acid Member Chappell, that the recommendation, as contained in Mayor and Council 2. This Communication No. P-4707, be adopted with the purchase of caladium flower bulbs being effective upon approval by awarded to K. Van Bourgondien & Sons, Inc. When the motion was put to a vote by the expire one year later. Mayor, it prevailed unanimously. M&C P-4708 re purchase agreement to supply water treatment chemical for the Park and Recreation Depart- ment with United Worth Hydrochem Corporation &C P-4708 adopted &C L-10381 re ithdrawn from genda M&C C-12709 re Proposed Change Order No. 2 to 24 MGD Expansion Phase IIB, Aeratio Basin Area, VCWWTP There was presented Mayor and Council Communication No. P-4708 from the City Manager submitting a quotation received for a purchase agreement with an option to renew for one additional year to supply water treatment chemicals for the Park and Recreation Department; stating that budgeted funds are sufficient to cover the anticipated expenditure by the department participating in the agreement; and recommending that the City Council authorize: 1. A purchase agreement with an option to renew for one additional year with United Worth Hydrochem Corporation to supply water treatment chemicals for the Park and Recreation Department on the bid of unit prices, meeting City specifications, as follows: It was the consensus of the City Council that the recommendations be adopted. It was the consensus of the City Council that Mayor and Council Communication No. L-10381, Request for Authorization to Lease Lot 5, Block 19, Lake Worth Lease Survey, to Lake Worth Sailing Club, be withdrawn from the agenda. There was presented Mayor and Council Communication No. C-12709 from the City Manager, as follows: SUBJECT: PROPOSED CHANGE ORDER NO. 2 TO 24 MGD EXPANSION, PHASE IIB, AERATION BASIN AREA, VCWWTP (MARTIN K. EBY CONSTRUCTION) RECOMMENDATION: It is recommended that the City Council authorize Change Order No. 2 in the amount of $15,825.38 to the contract for the 24 MGD Expansion, Phase IIB, Aeration Basin Area, revising the total contract cost to $12,969,448.03. RArICnPni 1Nn On January 16, 1990 (M&C C-12110), the City Council authorized the award of a contract to Martin K. Eby Construction Co., Inc., for the 24 MGD Expansion, Phase IIB, Areation Basin Area. PROJECT NO.: PE42-070420160010 PROPOSED CHANGE ORDER: During construction, it was necessary to change certain items in order to have a better functioning facility. The contractor, Martin K. Eby Construction Co., Inc., will perform this additional work for $15,825.38. The proposed changes are as follows: 1. Furnish and install 3 track and hold modules in rechlorination system at lump sum 2. Delete 4 each 36 -inch cross connections in air header pipe 3. Relocate hydrogen peroxide feed point at R.S. #2 and install Minutes of City Council R-3 Page 104 $ 4,976.04 $(2,268.00) QUANTITY ITEM DESCRIPTION UNIT PRICE a) 18,225 lbs. Microbiocide $1.25/lb. b) 18,225 lbs. Pool Treatment $1.25/lb. C) 2,000 lbs. Dry Organic Chlorine $3.99/lb. d) 350 gals. Silicone Base Antifoam $8.50/gal. e) 450 gals. Muriatic Acid (HCL) $1.60/gal. f) 1,000 gals. Sulfuric Acid $1.60/gal. 2. This agreement to become effective upon approval by the City Council and expire one year later. It was the consensus of the City Council that the recommendations be adopted. It was the consensus of the City Council that Mayor and Council Communication No. L-10381, Request for Authorization to Lease Lot 5, Block 19, Lake Worth Lease Survey, to Lake Worth Sailing Club, be withdrawn from the agenda. There was presented Mayor and Council Communication No. C-12709 from the City Manager, as follows: SUBJECT: PROPOSED CHANGE ORDER NO. 2 TO 24 MGD EXPANSION, PHASE IIB, AERATION BASIN AREA, VCWWTP (MARTIN K. EBY CONSTRUCTION) RECOMMENDATION: It is recommended that the City Council authorize Change Order No. 2 in the amount of $15,825.38 to the contract for the 24 MGD Expansion, Phase IIB, Aeration Basin Area, revising the total contract cost to $12,969,448.03. RArICnPni 1Nn On January 16, 1990 (M&C C-12110), the City Council authorized the award of a contract to Martin K. Eby Construction Co., Inc., for the 24 MGD Expansion, Phase IIB, Areation Basin Area. PROJECT NO.: PE42-070420160010 PROPOSED CHANGE ORDER: During construction, it was necessary to change certain items in order to have a better functioning facility. The contractor, Martin K. Eby Construction Co., Inc., will perform this additional work for $15,825.38. The proposed changes are as follows: 1. Furnish and install 3 track and hold modules in rechlorination system at lump sum 2. Delete 4 each 36 -inch cross connections in air header pipe 3. Relocate hydrogen peroxide feed point at R.S. #2 and install Minutes of City Council R-3 Page 104 $ 4,976.04 $(2,268.00) M&C C-12709 cont. M&C C-12710 re award of construc- tion contract for the Alliance Air- port Traffic Con tol Tower to Caden head Construction Company, Inc. of fort Worth 1(05 TUESDAY, JANUARY 29, 1991 air release in Hendrick Street at lump sum. 4. Modify sulfur dioxide loading station lines at lump sum 5. Furnish and install signals for transformer selector switch SS57 at lump sum 6. Furnish and install low level cut off for service water pump station at lump sum 7. Provide programming for dechlorination PLC at lump sum 8. Deduct wire cost Total Change Order The net effect of the proposed change order is as follows: $ 5,851.75 $ 682.96 $ 436.12 $ 4,939.83 $ 3,235.68 $(2,029.00) $15,825.38 Original Contract Cost $12,889,500.00 Change Order No. 1 $ 64,122.65 Proposed Change Order No. 2 $ 15,825.38 Revised Contract Cost $12,969,448.03 The construction manager, Freese and Nichols, and the staff engineers of the Water Department have reviewed the proposed charges and found them reasonable for similar work. FINANCING: Sufficient funds are available in State Revolving Fund PE42, Account No. 541200, Center No. 070420160010, 24 MGD Expansion, Phase IIB, Aeration Basin Area. Expenditures will be made from Account No. 541200. Council Member Meadows requested permission of the City Council to abstain from voting on Mayor and Council Communication No. C-12709. Council Member Chappell 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-12709. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Gilley requested permission of the City Council to abstain from voting on Mayor and Council Communication No. C-12709. Council Member Chappell made a motion, seconded by Council Member Zapata, that Council Member Gilley be permitted to abstain from voting on Mayor and Council Communication No. C-12709. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Chappell made a motion, seconded by Council Member Granger, that the recommendation, as contained in Mayor and Council Communication No. C-12709, 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, Webber, and Chappell NOES: None ABSENT: None NOT VOTING: Council Members Gilley and Meadows There was presented Mayor and Council Communication No. C-12710 from the City Manager, as follows: SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR THE ALLIANCE AIRPORT TRAFFIC CONTROL TOWER TO CADENHEAD CONSTRUCTION COMPANY, INC., OF FORT WORTH RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract for construction of the Alliance Airport Traffic Control Tower with Cadenhead Construction Company, Inc., P.O. Box 1808, Fort Worth, for $3,300,000.00. Minutes of City Council R-3 Page 105 1.J M&C C-12709 cont TUESDAY, JANUARY 29, 1991 RArkr,RniiNn- On October 23, 1990 (M&C G-8875), the City Council authorized the sale of $6,000,000 in Certificates of Obligation for the construction of the Alliance Airport Traffic Control Tower. On November 13, 1990, Informal Report No. 7500 provided the City Council with a schedule of activities related to the City's construction of the project. The Certificates of Obligation for $6,000,000 were sold on the same date. On November 13, 1990 (M&C C-12604), the City Council approved a contract with Freese and Nichols, Inc., of Fort Worth to provide construction contract administration of the project for a fee not to exceed $294,558.50 and a contract for material testing services with Rone Engineers of Fort Worth for a fee of $40,000.00. On December 11, 1990 (M&C C-12639), the City Council approved the acceptance of assignment of certain agreements from Hillwood Development Corporation regarding the project which reimbursed to Hillwood Development Corporation cost incurred by them for the project. The architectural contract with Leo A. Daly Company of Omaha, Nebraska, was amended to provide for additional construction services in a not -to -exceed fee of $70,000. Plans and specifications prepared by the Leo A. Daly Company were released for bidding, and the project was advertised on October 11 and 18, 1990. On November 16, 1990, seven construction firms out of thirteen submitting qualification statements were prequalified to bid on the project by a committee made up of representatives of City Staff, Hillwood Development Corporation and Freese and Nichols, Inc. The bid opening date was extended from November 11, 1990, to January 10, 1991, to allow additional revisions to the plans. RECEIPT OF BIDS: Six general contractors submitted bid proposals on January 10, 1991, as follows: ALT. ALT. ALT. ALT. ALT. CONTRACTOR BASE BID NO. 1 NO. 2 NO. 4 NO. 5 NO. 6 Cadenhead Const. $3,220,000 $84,000 $10,000 $ 14,000 $10,000 $ 20,000 Company, Inc. Sedalco, Inc. 3,269,000 81,600 9,000 (22,000) No Bid No Bid J.W. Bateson 3,295,000 84,000 6,500 (22,000) No Bid No Bid Company, Inc. Thos. S. Byrne, 3,329,000 85,000 9,000 (21,200) (25,000) No Bid Inc. Spaw-Glass General 3,491,000 93,000 9,400 (50,000) 15,000 15,000 Contractors, Inc. Aviation 3,589,120 91,000 25,000 (20,500) (37,800) (37,800) Constructors Alternate No. 1 is for an underground duct bank across the property. Alternate No. 2 is for a drainage system in the planting areas. Alternate No. 3 was deleted. Alternate No. 4 includes Texas limestone in lieu of the Indiana limestone specified. Alternates No. 5 and 6 increase the construction time from 305 days to 365 and 425 days respectively. It is recommended that the contract be awarded on the Base Bid and Alternates No. 1, 2 and 4. The total of $3,300,000 is approximately 6% below the estimate. The construction time in the base bid is 305 days and is being accepted. The low bidder, Cadenhead Construction Company, Inc., has complied with the requirements for Disadvantaged Business Enterprises' participation in City contracts. FINANCING: Sufficient funds are available in Alliance Airport Fund GC49, Account Center No. 020014001000 to finance this project. Expenditures will be made from Account No. 541200. M&C C-12710 adopt 11' Council Member Meadows requested permission of the City Council to abstain from voting on Mayor and Council Communication No. C-12710. Council Member Chappell made a motion, seconded by Mayor Pro tempore Garrison, that Council Member Meadows be permitted to abstain from voting on Mayor and Council Communication No. C-12710. When the motion was put to a vote by the Mayor, it prevailed unanimously. Minutes of City Council R-3 Page 106 t 17 TUESDAY, JANUARY 29, 1991 Council Member Gilley requested permission of the City Council to abstain from voting on Mayor and Council Communication No. C-12710. Council Member Zapata made a motion, seconded by Mayor Pro tempore Garrison, that Council Member Gilley be permitted to abstain from voting on Mayor and Council Communication No. C-12710. When the motion was put to a vote by the Mayor, it prevailed unanimously. Assistant City Manager Ramon Guajardo advised the City Council that the DBE participation in the construction contract for the Alliance Airport Traffic Control Tower is 20 percent. Council Member Zapata made a motion, seconded by Council Member Chappell, that the recommendation, as contained in Mayor and Council Communication No. C-12710, 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, Webber, and Chappell NOES: None ABSENT: None NOT VOTING: Council Members Gilley and Meadows M&C C-12711 re There was presented Mayor and Council Communication No. C-12711 from the City authorized private Manager stating that the City of Fort Worth previously has authorized private companies companies to place to place benches in the public right-of-way; that the contractor provides and maintains benches in the benches, provides trash pickup, and trims the grass around them; that, although the public right -of- payments received from the private contractor go to the Fort Worth Transportation way Authority under the terms of the City-FWTA agreement, the City must authorize the use sign of the Haws of the public right-of-way; that the current contract was authorized with Mackay Athletic Center Advertising on January 7, 1987, by Mayor and Council Communication No. C-10059, and Addition will expire on February 1, 1991; that Mackay Advertising has performed the contract satisfactorily for the last five years; that proposals were solicited in December 1990 by FWTA staff on behalf of the City with Mackay Advertising's proposal being the sole proposal received; that the revenue generated from the contract is $20,000.00 or 7.5 percent of the rental income, annually, whichever is greater; stating that no City or FWTA funds are required to provide bus benches; and recommending that the City Manager be authorized to execute a contract with Mackay Advertising to provide, install, and maintain bus benches in the public right-of-way for a three year term, with two annual options to renew. Council Member Chappell requested permission of the City Council to abstain from voting on Mayor and Council Communication No. C-12711. Council Member Meadows made a motion, seconded by Mayor Pro tempore Garrison, that Council Member Chappell be permitted to abstain from voting on Mayor and Council Communication No. C-12711. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Gilley made a motion, seconded by Council Member Meadows, that the recommendation, as contained in Mayor and Council Communication No. C-12711, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, and Webber NOES: None ABSENT: None NOT VOTING: Council Member Chappell M&C C-12712 re There was presented Mayor and Council Communication No. C-12712 from the City contract with Manager stating that the City Council approved a contract on March 16, 1989, by Mayor McCulloch/Adams, and Council Communication No. C-11504 with McCulloch/Adams, Joint Venture, for Joint Venture, for professional services for the design of the Haws Athletic Center Addition for a fee of professional ser- $40,800.00; that the architects completed plans and specifications for the project in vices for the de- September 1989; that the requirements for the facility have changed since that date; sign of the Haws that fewer personnel are available to staff the building and provide security; that, Athletic Center with some redesign work, it will be possible to secure the building even during night Addition meetings as well as provide adequate supervision of public areas with reduced personnel; that negotiations for the redesign work with the firm have resulted in a proposal for the additional services for a fee of $21,350.00; that staff considers this proposal to be fair and reasonable for the work involved; stating that funds are available in Park and Recreation Improvements Fund GC05, Center No. 080050420010, Account No. 531200; and recommending that the City Manager be authorized to execute Amendment No. 1 to the contract with McCulloch/Adams Joint Venture to provide additional services for the design of the Haws Athletic Center Addition for a fee of $21,350.00, making a total fee of $62,150.00. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council R-3 Page 107 TUESDAY, JANUARY 29, 1991 M&C FP -2770 re There was presented Mayor and Council Communication No. C-12713 from the City M&C C-12713 re Manager stating that the City Council approved Mayor and Council Communication authorizing an No. C-12695 on January 15, 1991, authorizing an amendment to the original Centreport amendment to the Option; that, since that time, the proposed assignee, Centreport Venture, Inc., has original Centre- requested certain substantive modifications to that amendment; that these changes port Option include the expansion of the property covered by the indemnification to include all of utilities, Inc. the option property not yet taken down under the original option, and includes a contractual commitment on the part of the City of Fort Worth to investigate and remediate any environmental problems with regard to those certain areas of the property Mr. Tom Reid re which have had environmental concerns identified; and recommending that the City installation of Manager be authorized to execute an amendment to Option to Purchase Land, which amends fire hydrants the original Centreport Option to provide indemnification of the proposed assignee, around Lake Worth Centreport Venture, Inc., from and against liability for certain environmental risks. Council Member Chappell made a motion, seconded by Council Member Gilley, that Mayor and Council Communication No. C-12713 be continued until the conclusion of the executive session. When the motion was put to a vote by the Mayor, it prevailed Introduction of unanimously. M&C FP -2769 re There was presented Mayor and Council Communication No. FP -2769 from the City contract for Manager stating that the contract for Sanitary Sewer Rehabilitation, Four Locations, Sanitary Sewer Re- Contract XVI, has been completed in accordance with plans and specifications under habilitation, Four Contract No. 17598 awarded to Architectural Utilities, Inc., on January 9, 1990; and Locations, Contracl recommending that the City Council accept as complete the contract with Architectural XVI awarded to Utilities, Inc., for Sanitary Sewer Rehabilitation, Four Locations, Contract XVI, and Architectural authorize final payment in the amount of $51,988.94 to Architectural Utilities, Inc., Utilities, Inc. with funds available in Sewer Capital Improvements Fund PS58, Retainage Account Dffice No. 205013, Center No. 000580170610; Retainage Account No. 205000, Center Met in closed or No. 000580170610 and Contract Encumbrance No. 17598, Center No. 070580170610, Account executive session No. 541200. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2770 re There was presented Mayor and Council Communication No. FP -2770 from the City Pedestrian Bridge Manager stating that Pedestrian Bridge Repair at Will Rogers Memorial Center has been Repair at Will completed in accordance with plans and specifications under Contract No. 18188 awarded Rogers Memorial to Architectural Utilities, Inc., on November 6, 1990; and recommending that the City Center awarded Council accept Pedestrian Bridge Repair at Will Rogers Memorial Center as complete on to Architectural January 8, 1991, and authorize final payment on City Secretary Contract No. 18188 in utilities, Inc. the amount of $3,394.00 to Architectural Utilities, Inc., with funds available in Insurance Fund FE71, Retainage Account No. 205000, Center No. 0000000. It was the consensus of the City Council that the recommendations be adopted. Mr. Tom Reid re Mr. Tom Reid, 8316 Heron Drive, appeared before the City Council and requested installation of that additional fire protection be provided by the installation of fire hydrants around fire hydrants Lake Worth. around Lake Worth Council Member Meadows advised the City Council that Fire Chief McMillen's recommendation for additional fire protection around Lake Worth was to purchase additional fire protection equipment. Introduction of Mayor Bolen introduced former City of Fort Worth lobbyist, Mr. Tom Duffy, and his Mr. Tom Duffy and wife, Ruth Duffy. his wife, Ruth Duffy Mr. George Vernon Chiles, 2800 Jennings, appeared before the City Council Mr. Goerge Vernon regarding an alleged incident involving a Fort Worth Police officer on January 25, Chiles re 1991, at the 2700 block of Hemphill. alleged incident involving a Fort Mayor Bolen advised Mr. Chiles that the incident would be investigated. Worth Police Dffice It was the consensus of the City Council that City Council meet in closed or Met in closed or executive session for the following purposes: executive session (a) To receive the advice of its attorneys concerning the following pending or contemplated litigation: (1) Laymance and Cassady versus City of Fort Worth, Cause No. 48-130420-90 (2) I.A.F.F. Local 440 versus City of Fort Worth, Cause No. 342-123792-89 (3) Rodriquez, et al "Firefighters" versus City of Fort Worth, Cause No. 141-115065-88 (4) Vernon Simmons, et al versus City of Fort Worth, Cause No. CA -4-90-688-K (5) Status of various claims for Workers' Compensation benefits for II alleged hearing loss (b) Assignment of CentrePort options from Centre Consolidated Properties, Ltd., to CentrePort Venture, Inc. as authorized by Section 2(e), Article 6252-17, V.A.C.S., the Texas Open Meeting Act. Minutes of City Council R-3 Page 108 Reconvened into regular session M&C C-12713 re authorizing an amendment to the original Centrepor Option Adjourned TUESDAY, JANUARY 29, 1991 The City Council reconvened into regular session, with six members present and Mayor Pro tempore Garrison, and Council Members McCray and Webber absent. There was presented Mayor and Council Communication No. C-12713 from the City Manager stating that the City Council approved Mayor and Council Communication No. C-12695 on January 15, 1991, authorizing an amendment to the original Centreport Option; that, since that time, the proposed assignee, Centreport Venture, Inc., has requested certain substantive modifications to that amendment; that these changes include the expansion of the property covered by the indemnification to include all of the option property not yet taken down under the original option, and includes a contractual commitment on the part of the City of Fort Worth to investigate and remediate any environmental problems with regard to those certain areas of the property which have had environmental concerns identified; and recommending that the City Manager be authorized to execute an amendment to Option to Purchase Land, which amends the original Centreport Option to provide indemnification of the proposed assignee, Centreport Venture, Inc., from and against liability for certain environmental risks. On motion of Council Member Gilley, seconded by Council Member Meadows, the recommendation was adopted. There being no further business, the meeti zr/z Ciff SECRETARY Minutes of City Council R-3 Page 109