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HomeMy WebLinkAbout1991/02/26-Minutes-City Council:ouncil Met CITY COUNCIL MEETING FEBRUARY 26, 1991 On the 26th day of February, 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: Minutes of City Council R-3 Page 186 I %:�''7; 1 V TUESDAY, FEBRUARY 26, 1991 ° Limitation of campaign expenditures for City Council elections; Remuneration for Mayor and City Councilmembers; ° Setting a limit on the number of terms the Mayor and City Councilmembers may serve consecutively; ° A serious review of the demographics and numbers in each City Council district; and the review of the possible need for one (1) or two (2) additional single -member districts; and ° Any other "housekeeping" items as required. I should remind everyone that it appears that unless we can prepare our list of Charter revisions and have it ready for the August 1991 uniform election date, we may have to wait until August of 1993 to make any changes to the current City Council districts, thus putting us into 1995 before we could hold the first City Council elections with the additional Council districts in place. (Just as I predicted in 1989.) Of course, we must then consider how outdated the numbers would be in five years. LEGALITY: This proposal is within the power of the City Council, and there is no legal impediment to its implementation. FISCAL IMPACT: II It is anticipated that the creation of a City Charter Review Committee will not have an initial fiscal impact. CITY MANAGER'S COMMENTS: The City Manager's office has received this proposal, and has no objections to it. Council Member Zapata made a motion, seconded by Council Member Webber, that Policy Proposal No. CP -158 for the creation of City Charter Review Committee be adopted. City Attorney Adkins advised the City Council that it has the power to initiate the appointment of the City Council to act as a City Charter Review Committee; that a workshop could be scheduled for the City Council; and suggested that public hearings be held in order to receive citizens' input. Minutes of City Council R-3 Page 187 Members Present Mayor Bob Bolen; Mayor Pro tempore William N. Garrison; Council Members Louis J. Zapata, Kay Granger, Eugene McCray, Garey W. Gilley, Bill Meadows, Virginia Nell Webber, -and David Chappell; City Manager David Ivory; City Attorney Wade Adkins; City Secretary Ruth Howard; with more than a quorum present, at which time the following business was transacted: Invocation The invocation was given by City Secretary Ruth Howard. Pledge of The Pledge of Allegiance was recited. Allegiance Minutes of Februar On motion of Council Member Gilley, seconded by Council Member McCray, the minutes 19, 1991 approved of the meeting of February 19, 1991, were approved. Withdrew M&C Nos. Council Member Chappell requested that Mayor and Council Communication Nos. P-4764 P-4764, P-4773 froi and P-4773 be withdrawn from the consent agenda. consent agenda Withdrew M&C Nos. City Manager Ivory requested that Mayor and Council Communication Nos. P-4761 and P-4761, FP -2793 fr - FP -2793 be withdrawn from the consent agenda. from consent agendii Withdrew M&C Nos. City Manager Ivory requested that Mayor' and Council Communication Nos. P-4761, P-4761, FP -2793, FP -2793, C-12747, and G-9049 be withdrawn from the agenda. C-12747, G-9049 from the agenda City Secretary Howard requested that Mayor and Council Communication No. OCS-248 Cont. for one week be continued for one week. OCS-248 Council Proposal There was presented Council Proposal No. CP -158, dated February 19, 1991, or the No. CP -158 City Creation of City Charter Review Committee from Council Member Zapata, as follows: Charter Review Committee SUBJECT: APPOINTMENT OF CITY CHARTER REVIEW COMMITTEE I recommend that the Mayor and City Council appoint a Council subcommittee :.and a citizen committee to act as a City Charter Review Committee to identify and review as soon as possible City Charter revisions needed to update the City Charter so that it will be a usable document for the 199O's. The Committee should be composed of nine members, three of which will be City Councilmembers and the other six to be appointed by those individual Councilmembers not serving on the Committee. Some of the proposed items that I see needed for review by the Committee are: ° Limitation of campaign expenditures for City Council elections; Remuneration for Mayor and City Councilmembers; ° Setting a limit on the number of terms the Mayor and City Councilmembers may serve consecutively; ° A serious review of the demographics and numbers in each City Council district; and the review of the possible need for one (1) or two (2) additional single -member districts; and ° Any other "housekeeping" items as required. I should remind everyone that it appears that unless we can prepare our list of Charter revisions and have it ready for the August 1991 uniform election date, we may have to wait until August of 1993 to make any changes to the current City Council districts, thus putting us into 1995 before we could hold the first City Council elections with the additional Council districts in place. (Just as I predicted in 1989.) Of course, we must then consider how outdated the numbers would be in five years. LEGALITY: This proposal is within the power of the City Council, and there is no legal impediment to its implementation. FISCAL IMPACT: II It is anticipated that the creation of a City Charter Review Committee will not have an initial fiscal impact. CITY MANAGER'S COMMENTS: The City Manager's office has received this proposal, and has no objections to it. Council Member Zapata made a motion, seconded by Council Member Webber, that Policy Proposal No. CP -158 for the creation of City Charter Review Committee be adopted. City Attorney Adkins advised the City Council that it has the power to initiate the appointment of the City Council to act as a City Charter Review Committee; that a workshop could be scheduled for the City Council; and suggested that public hearings be held in order to receive citizens' input. Minutes of City Council R-3 Page 187 1 s s TUESDAY, FEBRUARY 26, 1991 Mayor Pro tempore Garrison made a substitute motion, seconded by Council Membe Council Proposal Granger, that Policy Proposal No. CP -158 be approved, as amended, by having the Cit No. CP -158 cont. Council sit as a" whole to act as a City Charter Review Committee to consider specifi items covered on Council Proposal No. CP -158; to conduct public hearings in order t obtain any input on additional items by citizens; and to appoint alternates to serve i their absence. When the motion was put to a vote by the Mayor, it prevaile unanimously. Mr. Marshall Hobbs Mr. Marshall Hobbs, Chairman of the Fort Worth Youth Commission, appeared befor Fort Worth Youth the City Council and discussed the planned activities and organizational structure o Commission the committee and presented two surveys which the commission is proposing to distribut to the middle school and high school students after presenting its plan to th Superintendent Don Roberts of the Fort Worth Independent School District and advise Council of its plan to have an anti -drug/anti -gang rally at Trimble Tech High School o April 18, 1991. Council Member Webber suggested that information regarding whether or not th curfew ordinance would be a deterrent from the use of drugs and gang problems b included in the survey and requested that the ethnic background also be included in th survey. OCS-245 Liability There was presented Mayor and Council Communication No. OCS-245 from the Office o bonds the City Secretary recommending that the City Council authorize the acceptance o liability bonds, as follows: PARKWAY CONTRACTOR'S BONDS INSURANCE COMPANY EMC Construction, Inc. Universal Surety of America Rog's Concrete Texas, Inc. Universal Surety of America Casias Salvador ba Sal's Concrete Lawyers Surety Corporation Concrete Walls, Inc. Lawyers Surety Corporation Walter W. Wilson Western Surety Company Juan M Gonzalez dba Gonzalez Concrete Lawyers Surety Corporation Leroy Weisheit Universal Surety of America OCS-2 45 adopted It was the consensus of the City Council that the recommendation be adopted. )CS -246 Claims There was presented Mayor and Council Communication No. OCS-246 from the Office o the City Secretary recommending that the City Council refer notices of claims regardin alleged damages and/or injuries to the Risk Management Department, as follows: Connie C. Montoya 1. Claimant: Connie C. Montoya Date Received: February 14, 1991 Date of Incident: Undeclared Location of Incident: Seminary Drive & I35, Northbound Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages as result of an accident. Barbara Ann Alford 2. Claimant: Barbara Ann Alford Date Received: February 14, 1991 Date of Incident: October 21, 1990 Location of Incident: 1800 Amanda & 4800 Willie Street Estimate of Damages/ Injuries: $124.59 - $124.77 Nature of Incident: Claimant alleges damages to her vehicle as the result of an accident involving City -owned vehicle (Police). ABC Utilities 3. Claimant: ABC Utilities Service (Frank A. Wolfe, Jr.) Service (Frank A. Date Received: February 14, 1991 Wolfe, Jr.) Date of Incident: December 30 Location of Incident: 3025 S. Cravens Road Estimate of Damages/ Injuries: $865.00 Nature of Incident: Claimant alleges damages to their fence as the result of actions by City of Fort Worth Fire personnel. Gerald Allen 4. Claimant: Gerald Allen Masters Masters Date Received: February 15, 1991 Date of Incident: February 8, 1991 Location of Incident: Beach Street Just South of 30 Estimate of Damages/ Injuries: $1,964.28 Nature of Incident: Claimant alleges damages to his vehicle as the result of street conditions. John Ford 5. Claimant: John Ford Date Received: February 15, 1991 Date of Incident: On or about April 5, 1989 Location of Incident: North Texas Salvage Yard Attorney: Roswald Schrull Estimate of Damages/ Injuries: $1,839.72 Minutes of City Council R-3 Page 188 1S9 TUESDAY, FEBRUARY 26, 1991 Nature of Incident: Claimant seeks reimbursement for damages John Ford claim suffered as the result of purchasing a stolen cont. vehicle at a City Auction. 6. Claimant: Robert Clarence Bonner Robert Clarence Date Received: February 15, 1991 Bonner Date of Incident:, Undeclared Location of Incident: 4800 Block Wilbarger Estimate of Damages/ Injuries: $1,860.32 - $3,044.83 Nature of Incident: Claimant alleges damages and/or injuries as the result of hitting an object in the street. Anna Belle Peters 7, Claimant: Anna Belle Peters Date Received: February 15, 1991 Date of Incident: January 11, 1991 Location of Incident: Beady Road Estimate of Damages/ Injuries: $241.11 - $376.34 Nature of Incident: Claimant alleges damages to her vehicle as the result of a rock hitting the windshield. Barbara Brooks 8. Claimant: Barbara Brooks Date Received: February 18, 1991 Date of Incident: January 29, 1991 Location of Incident: 8th & Magnolia Estimate of Damages/ Injuries: $1,231.49 - $1,330.50 Nature of Incident: Claimant alleges damages sustained as the result of an accident involving City -owned vehicle. Edmond Dewayne 9. Claimant: Edmond Dewayne Miles Miles Date Received: February 18, 1991 Date of Incident: February 1, 1991 Location of Incident: South on Martin Estimate of Damages/ Injuries: - $574.12 - $596.34 Nature of Incident: Claimant alleges damages to vehicle as the result of street conditions. OCS-24 5 adopted It was the consensus of the City Council that the recommendation be adopted. OCS-247 Ordinance City Secretary Howard advised the City Council that consideration of Mayor and Calling an Electior Council Communication No. OCS-247, Ordinance Calling an Election for Saturday, May 4, 1991, to elect a Mayor and City Council, needs to be continued until after approval of the ordinance revising boundaries of City Council Single -Member District Nos. 2 and 7 resulting from annexation and disannexation, Mayor and Council Communication No. G-9056. Council Member Gilley made a motion, seconded by Council Member Chappell, that Mayor and Council Communication No. OCS-247 be continued until after action taken on Mayor and Council Communication No. G-9056. When the motion was put to a vote by the Mayor, it prevailed unanimously. OCS-248 Contract It was the consensus of the City Council that Mayor and Council Communication with Tarrant CountY No. OCS-248, Contract With Tarrant County Elections Administrator for Partial Elections Admini- Administration of Election to Elect a Mayor and City Council, be continued for one strator for Part- week. ial Administration cont. for one week It appearing to the City Council that the City Council on July 29, 1990, set today Assessment Paving as the date for benefit hearing in connection with the assessment paving of Martin of Martin Avenue Avenue from Wichita Street to Shackleford Street and that notice of the hearing has from Wichita Street been given by publication in the Fort Worth Star -Telegram, the official newspaper of BH -0045 the City of Fort Worth, Texas, on February 1, 4, and 5, 1991, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public BH -0045 Works, appeared before the City Council and advised the City Council that the independent appraisal performed by Mr. Robert Martin substantiates that as a result of the proposed construction, each parcel of the abutting property will be enhanced in value in excess of the amount assessed for the improvement; 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 -0045, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF MARTIN AVENUE FROM WICHITA STREET TO SHACKLEFORD STREET (PROJECT NO. 67-040240-00) 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 benefitted in enhanced value in Minutes of City Council R-3 Page 189 191 TUESDAY, FEBRUARY 26, 1991 BH -0045 cont. excess of the amount assessed for the improvement of Martin Avenue from Wichita Street to Shackleford Street. DISCUSSION: The 1986 Capital Improvement Program approved in March 1986, included funds for the improvement of Martin Avenue from Wichita Street to Shackleford Street." The existing street has 'an HMAC pavement with some curb and some gutter and has never previously been constructed to City standards. It is not located in a CDBG Target Area. Both commercial property and existing developed and platted lots used for single family or duplex residences are being assessed. The rate for commercial property is $53.35; the residential rate is $20.31. On July,29, 1990 (M&C G-9016), the City Council established February 26, 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 8. PROPOSED IMPROVEMENTS: This segment of Martin Avenue will be improved by constructing a standard concrete pavement section with standard curb on a lime stabilized subgrade. The finished roadway will be forty feet wide on a sixty foot right-of-way. Standard concrete driveway approaches and drainage structures will be constructed where specified on the plans. ASSESSMENTS: 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 $71,156.31 (11%) for the property owners and $577,843.69 (89%) 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. UNUSUAL SITUATION: Lots 32, 33 and 34 of Denman Subdivision Oaklawn are vacant unimproved lots owned by the Metropolitan Church of Christ. They have been granted tax exemption by TAD as a place of worship and are therefore being assessed at our -half the residential rate. Mayor Pro tempore Garrison advised the City Council that one of the properties for the assessment paving of Martin Avenue from Wichita Street to Shackleford Street is owned by NCNB Bank and stated that he is disqualified on voting on this piece of property. Council Member Webber advised the City Council that she is disqualified on voting on the property owned by NCNB. Mayor Bolen advised the City Council that he had a conflict of interest in voting on the piece of property involving First Gibraltar Bank. Council Member Chappell made a motion, seconded by Council Member McCray, that the City Council vote separately on the properties involving First Gibraltar Bank FSB and NCNB Texas National Bank. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Chappell made a motion, seconded by Council Member Gilley, that the assessments be levied as recommended with the exception of the properties owned by First Gibraltar Bank FSB and NCNB Texas National Bank. Mr. Harris Ryals Mr.� Harris Ryals, owner of Lots 5B, 5C, and 5D, Block 8, -Cobbs Orchard Addition, re BH -0045 which property is adjacent to Martin Avenue from Wichita Street to Shackleford Street, appeared before the City Council and inquired whether or not the appraisal of $1,800.00 would effect his property taxes. City Attorney Adkins advised Mr. Ryals that, since the assessment paving is after January 1991, the appraisal for 1990 taxes would not be effected. Mr. T.D. Carver Mr. T.D. Carver, owner of Lot 11, Block 16, Glen Park Addition, which property is re BH -0045 adjacent to Martin Avenue from Wichita Street to Shackleford Street, appeared before the City Council and expressed opposition to the assessment paving of Martin Avenue from Wichita Street to Shackleford Street. At this time, Mayor Bolen excused himself from the Council table and Mayor Pro tempore Garrison assumed the chair. Minutes of City Council R-3 Page 190 1�1 TUESDAY, FEBRUARY 26, 1991 Mr. Charles Cryer Mr., Charles Cryer, 4801 Vinetta Drive, owner of Lot 11, Block 15, Glen Park re BH -0045 Addition, which property is adjacent to Martin Avenue from Wichita Street to Shackleford Street, appeared before the City Council and expressed opposition to the assessment paving of Martin Avenue from Wichita Street to Shackleford Street. Mr. Gary Santerre Mr. Gary Santerre, Director of the Transportation and Public Works Department, re BH -0045 appeared before the City Council and advised Mr. Cryer that the bill for the paving would not come due until the street has been completed; that there is a five-year pay off period with an eight percent interest rate; and that the City will work with the individuals on the pay back. Mr. Robert D. Mr. Robert D. Laney, 4801 Tallman, owner of Lot 1, Sondra -Lin Subdivision, which Lancey re BH -0045 property is adjacent to Martin Avenue from Wichita Street to Shackleford Street, appeared before the City Council and expressed opposition to the assessment paving of Martin Avenue from Wichita Street to Shackleford Street. At this time, Council Member Zapata excused himself from the Council Chamber. Ms. Marie Hunter- Ms. Marie Hunter -Opal, 4745 Nolan, owner of Lot L, Block 7, Trentman Revision, Opal re BH -0045 which property is adjacent to Martin Avenue from Wichita Street to Shackleford Street, 1991, from appeared before the City Council and expressed opposition to the assessment paving of Vice -President of Motheral Martin Avenue from Wichita Street to Shackleford Street. is planning to install At this time, Council Member Zapata assumed his chair at the Council table. Ms. Ardis Singer Ms. Ardis Singer, 3321 Martin, owner of Lot 6A, Block 8, Cobbs Orchard Addition, re BH -0045 which property is adjacent to Martin Avenue from Wichita Street to Shackleford Street, cable; that the cable will be used for voice appeared before the City Council and expressed opposition to the assessment paving of Martin Avenue from Wichita Street to Shackleford Street. The Reverend Tommy The Reverend Tommy Caldwell, 3853 Oak Haven, representing Life Fellowship Caldwell re BH- International, Inc., owner of Lot M, Block 7, Trentman Revision, which property is 0045 adjacent to Martin Avenue from Wichita Street to Shackleford Street, appeared before the City Council and requested that City Council waive all cost against the church. Mr. Gary Santerre Mr. Gary Santerre, Director of the Transportation and Public Works Department, re BH -0045 appeared before the City Council and advised the City Council that Martin Avenue will be widened but that the property required for the widening of the street would be purchased from the property owners thereby offsetting some of the cost of the assessments, if not all. Council Member Webber made a substitute motion, seconded by Council Member Meadows, that the benefit hearing for the assessment paving of Martin Avenue from Wichita Street to Shackleford Street be continued until March 14, 1991. At this time, Council Member Zapata excused himself from the Council table. Mr. Brad Watkins Mr. Brady Watkins, 4108 Martin Street, appeared before the City Council and re BH -0045 requested that a meeting be held between the homeowners for the west end and the east end of Martin Avenue with Council Members McCray and Webber in order to restructure the Martin Avenue project. When the substitute motion, that the benefit hearing for the assessment paving of Martin Avenue from Wichita Street to Shackleford be continued until March 14, 1991, was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Mr. Brent Dickey Mr. Brent Dickey, 3320 McLean, appeared before the City Council and stated that, Ethics Code in his opinion, a problem exists in the way that the new Ethics Code ordinance handles citizens' complaints and questioned the fairness to the citizens and requested that a review of the ordinance take place and changes be made. Council Member Zapata assumed his chair at the Council table at this time. Council Members Webber and Meadows excused themselves from the City Council Chamber at this time. Ms. Eileen Cohn Ms. Eileen Cohn, 320 Bodart Lane, Vice President of the Neighborhood West Point re auxiliary police Association, appeared before the City Council and requested that the City Council look pilot pogram and into the initiation of an auxiliary police pilot program on a state and federal basis White Settlement in order to combat the on going problems in the City of Fort Worth and advised the City Independent School Council that the only expense the City would be out of would be for the academy District training, in which the City would be reimbursed, and stated that, in her opinion, the establishment of such a pilot program would be an asset to the Police Department; and advised the City Council that the citizens that are located in the Fort Worth City Limits, but are paying White Settlement School District taxes, would like to secede from the White Settlement School District and either be placed in Fort Worth or either form their own school taxing entity. Mrs. Cohn was advised that the matter of the auxiliary police will be investigated and that the City of Fort Worth has no jurisdiction over independent school districts. &C G-9040 re There was presented Mayor and Council Communication No. G-9040, dated February 19, pproved right- 1991, from the City Manager stating that Mr. David Motheral, Vice -President of Motheral f -way encroach- Printing, is planning to install above -ground communication cables across Annie, e nts for install- Hattie, and Tucker Streets in order to link several buildings owned by the company with tion _ a communication cable; that the cable will be used for voice and data transmissions and Minutes of City Council R-3 Page 191 TUESDAY, FEBRUARY 26, 1991 M&C G-9040 cont. will not use any public utility poles; and recommending that the City Council approve the installation of above -ground communication cables across Annie, Hattie, and Tucker Streets. Council Member Gilley made a motion, seconded by Council Member Chappell, that the recommendation, as contained in Mayor and Council Communication No. G-9040, be adopted. When the motion was put to a vote by the Mayor Pro tempore, it prevailed by the following vote: AYES: Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, and Chappell NOES: None ABSENT: Mayor Bolen; Council Members Meadows and Webber At this time, Mayor Bolen and Council Members Webber and Meadows assumed their chairs at the Council table. M&C G-9049 re It was the consensus of the City Council that Mayor and Council Communication assessment paving No. G-9049, Authorization of Project and Establishment of Benefit Hearing Date for the of Summit Avenue Assessment Paving of Summit Avenue from Lancaster Street to 92 Feet South of Rio Grande Avenue and Rio Grande Avenue from Summit Avenue to 40 Feet East, be withdrawn from the agenda. M&C G-9050 re There was presented Mayor and Council Communication No. G-9050 from the City request of Colonia Manager stating that the Colonial Country Club will host the 1991 U.S. Women's Open Country Club Golf Tournament in July; that, to ensure the safety of the participants and spectators of this tournament, Colonial Country Club is requesting approval from City Council to temporarily close the 3700 block of Country Club Circle and the 3700, 3800, and 3900 blocks of Mockingbird Lane from 6:00 a.m., Monday, July 8 until 9:00 p.m., Sunday, July 14, 1991; that Colonial Country Club has provided a certificate of liability insurance for the event; and recommending that the City Council approve the request of Colonial Country Club to temporarily close the 3700 block of Country Club Circle and the 3700, 3800, and 3900 blocks of Mockingbird Lane from Monday, July 8 until Sunday, July 14, 1991. It was the consensus of the City Council that the recommendation be adopted. M&C G-9051 re There was presented Mayor and Council Communication No. G-9051 from the City payment to Law Manager stating that the Law Offices of Martin Dies were engaged by the City pursuant Offices of Martin to Mayor and Council Communication No. C-10922 to represent the City in lawsuits which Dies, legal County seek to recover monetary damages resulting from the presence of asbestos -containing of Orange, et al materials; that the $13,607.65 bill consists of out-of-pocket expenses directly versus National attributable to the City's claims and a proportionate share of the general expenses Gypsum, et al incurred on behalf of all plaintiffs; that payment of $8,841.20 for litigation expenses in this case previously was approved by Mayor and Council Communication No. G-8951, of $7,000.00 dated December 11, 1990; stating that funds are available in Property/Casualty subject to City Council approval; stating that funds are available Insurance Fund FE71, Center No. 0157120, Account No. 534060; and recommending that the payment of costs incurred by the Law Offices of Martin Dies be approved and that the that the City City Manager be authorized to expend the sum of $13,607.65 in payment of these costs Council approve the settlement of claim filed by Leslie Prendergast, and incurred by outside legal counsel in the case of County of Orange, et al, versus National Gypsum, et al. It was the consensus of the City Council that the agreed to by recommendation be adopted. M&C G-9052 re There was presented Mayor and Council Communication No. G-9052 from the City settlement Manager stating that Leslie Prendergast filed a claim for personal injuries and filed by Leslie property damage he allegedly sustained on April 5, 1990, at 1700 East Rosedale as a Prendergast result of beim struck in the rear b a g y City -owned vehicle; that, while admitting no liability in this matter, the Risk Management Department has negotiated with Mr. Prendergast through his attorney and has agreed to a settlement of $7,000.00 subject to City Council approval; stating that funds are available in Insurance Fund FE71, Center No. 0157110, Account No. 534030; and recommending that the City Council approve the settlement of claim filed by Leslie Prendergast, and authorize the City Manager to expend the sum of $7,000.00 for the settlement agreed to by Mr. Prendergast, his attorney, and the City of Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C G-9053 re There was presented Mayor and Council Communication No. G-9053 from the City funds for hike and Manager, as follows: bike trails SUBJECT: TRANSFER OF FUNDS FOR HIKE AND BIKE TRAILS RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Execute the following fund transfers: FROM GC05-080050410040 Gateway Park TO GC05-080050500110 General Park Development AMOUNT $110,570.00 Minutes of City Council R-3 Page 192 REASON Reimbursement to Hike and Bike Trail Account 1f"',3 TUESDAY, FEBRUARY 26, 1991 M&C G-9053 cont. GC05-080050500110 GC05-080050480010 $110,570.00 Reimbursement General Park Hike and Bike to Hike and Development Trails Bike Trails Account nTSriKgTnN- On April 24, 1990, the City Council approved M&C C-12286 authorizing the City Manager to accept a donation of $110,570.00 from the Streams and Valleys Committee to fund trail construction in Gateway Park. Under the same M&C, Council adopted a supplemental appropriation ordinance allowing the expenditure of those funds and authorized the City Manager to execute City Secretary Contract No. 17838 with Steele -Freeman, Inc. to construct park improvements totaling $2,208,570.17 in Gateway Park. At the time of award of contract, the Streams and Valleys donation had not been received by the City; thus, an encumbrance of $110,570.00 was made against the 1986-88 Capital Improvement Program, Hike and Bike Trail Project, GC05/080050/480010. At this time the City has received and deposited the amount of $110,570.00 from the Streams and Valleys Committee into Fund GC05/080050/410040. It is necessary to reimburse the 1986-88 CIP Hike and Bike Trail account through the bond fund transfer process. FINANCING: Sufficient funds are available for this transfer in the amount of $110,570.00 from Park and Recreation Improvements Fund GC05, Center No. 080050410040, Gateway Concession Building to Center No. 080050500110, General Park Development and from Center No. 080050500110, General Park Development to Center No. 080050480010, Hike and Bike Trails. Upon approval and completion of Recommendation 1, sufficient funds will be available in Park and Recreation Improvements Fund GC05, Center No. 080050480010, Hike and Bike Trail. Expenditures will be made from Account No. 541200. M&C G-9053 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. G-9053, be adopted. M&C G-9054 re Improvements to There was presented Mayor and Council Communication No. G-9054 from the City Truman Drive from Manager stating that the use of District 5 Undesignated funds for reconstruction of Loop 820 to Ramey Truman Drive from Loop 820 to Ramey Avenue was authorized by the District 5 Councilman Avenue in 1988; that Truman Court later was included; that the streets are not located in a CDBG Target Area but previously have been constructed to City standards; that the project is located in Council District 5; that the total estimated cost of the assessment is $527,620.50; stating that financing for the project will be established at the time of contract award; and recommending that the City Council: 1. Declare the necessity for and order the improvements to Truman Drive, from Loop 820 to Ramey Avenue, and Truman Court, from Truman Drive to end of cul-de-sac; 2. Authorize the assessment of a portion of the cost of the improvements 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 March 26, 1991, as the date of the benefit hearing; and 5. Authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes. M&C G-9054 adopted It was the consensus of the City Council that the recommendations be adopted. M&C G-9056 re There was presented Mayor and Council Communication No. G-9056 from the City Ordinance revising Manager, as follows: boundaries of City Council Single- SUBJECT: ORDINANCE REVISING BOUNDARIES OF CITY COUNCIL SINGLE -MEMBER Member District DISTRICT NOS. 2 AND 7 RESULTING FROM ANNEXATION AND DISANNEXATION Nos. 2 and 7 RECOMMENDATIONS: It is recommended that: 1. The City Council approve the recommended revisions to City Council Single -Member District Nos. 2 and 7 to reflect the recent annexation of land into the City and the recent disannexation of land from the City; and 2. An ordinance amending Sections 2 and 7 of Ordinance No. 7323, as amended, be adopted in order to make the single -member district boundaries coincide with the current corporate boundaries. Minutes of City Council R-3 Page 193 . TUESDAY, FEBRUARY 26, 1991 M&C G-9056 cont. BACKGROUND: City Council elections are scheduled for Saturday, May 4, 1991, to fill the j City Council seats for Mayor and City Council Districts Nos. 2, 3, 4, 5, 6, 7, 8 and 9. In order for the City of Fort Worth to comply with the Voting Rights Act of 1965, information on the nature, scope and potential impact of any boundary changes on the electoral process since the City's last submission must be submitted to the United States Department of Justice no later than sixty .days prior to the scheduled election. This information must include changes in population, and the accessibility of the election process to all citizens, particularly to minority citizens. The last revisions to the Single Member District Plan were approved by the City Council on February 27, 1990, prior to the City Council calling a special election for Councilmember for District No. 7, due to the resignation of Steve Murrin, Jr. Since the adoption of these revisions, there have been two (2) changes in the City's corporate boundaries. One (1) of these changes resulted from an annexation and one (1) resulted from a disannexation. Each of these changes is briefly described below, along with their impact on the City's Single Member District Plan and the recommendation as to which single -member district the newly annexed area should be included and from which single -member district the disannexed area should be deleted. AREAS ANNEXED: Annexation Number 1 City Ordinance No. 10719 Annexation of 117.230 acres in Northpass Phase II Present Population: 0 Projected Population: 0 This area should be added to District No. 2, as it is contiguous to that District. At the time of annexation it contained 0 population and 0 dwelling units. Proposed development is non-residential. AREAS DISANNEXED: Disannexation Number 1 City Ordinance No. 10710 Disannexation of Clifford Street Right -of -Way Present Population: 0 Projected Population: 0 This area should be deleted from District No. 7 as it is totally contiguous to that District. At the time of disannexation it contained 0 population and 0 dwelling units. IMPACT: The impact of these changes in corporate boundaries on the regularly scheduled City Council elections is negligible. At the time the annexation occurred, no population was added to the City. No significant changes in population figures and minority access to and influence on election results are anticipated as a result of the annexation since its planned development is commercial. The disannexation consists only of street right-of-way and, of course, will have no impact on the City's election process. M&C G-9056 adopted On motion of Council Member Gilley, seconded by Council Member Meadows, the recommendations, as contained in Mayor and Council Communication No. G-9056, were adopted. Introduced an Ordinance Council Member Gilley introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Meadows. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; 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. I) ORDINANCE NO. 10796 10796 AN ORDINANCE AMENDING SECTIONS 2 AND 7 OF ORDINANCE NO. 7323, AS AMENDED, BY REVISING THE BOUNDARIES OF SINGLE MEMBER DISTRICT NUMBERS 2 AND 7; MAKING THIS ORDINANCE CUMULATIVE OF ALL ORDINANCES; REPEALING ALL ORDINANCES AND PROVISIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Minutes of City Council R-3 Page 194 1, ' - TUESDAY, FEBRUARY 26, 1991 Ordinance No. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 10796 cont. SECTION 6. 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 OCS-247 re There was presented Mayor and Council Communication No. OCS-247 from the Office of Ordinance Calling the City Secretary, as follows: Election for Mayor and City Council SUBJECT: ORDINANCE CALLING AN ELECTION FOR SATURDAY, MAY 4, 1991, TO ELECT A MAYOR AND CITY COUNCIL RECOMMENDATION: It is recommended that an ordinance be adopted calling an election for Saturday, May 4, 1991, to elect a Mayor and City Council. BACKGROUND: The ordinance calling an election for Saturday, May 4, 1991, to elect a Mayor and City Council is attached. The ordinance includes the list of locations at which voting will occur on election day as well as for the period of absentee (extended) voting. The absentee (extended) voting locations have been increased from four to eleven in order to make the voting process more accessible to the voting population. Absentee (extended) voting will take place April 15-30, 1991, with voting also on Saturday, April 27, which is the Saturday immediately preceding the election on Saturday, May 4, 1991, at the following locations: Office of the City Secretary (main absentee voting place) County Annex West Worth Heights Multipurpose Center Southside Mutlipurpose Center Como Multipurpose Center Diamond Hill/Jarvis Library Poly Subcourthouse Southwest Subcourthouse Southwest Regional Library Handley-Meadowbrook Recreation Center Log Cabin Village (Harry A. Foster Cabin) Absentee (extended) voting, except for the Office of the City Secretary, will take place from 8:00 a.m. to 4:30 p.m. and at the Office of the City Secretary from 8:00 a.m. to 5:00 p.m., except that, on Saturday, April 27, 1991, voting will be from 8:00 a.m. to 4:30 p.m. at the Office of the City Secretary. M&C OCS-247 adopted On motion of Council Member Gilley, seconded by Council Member McCray, the recommendation, as contained in Mayor and Council Communication No. OCS-247, was 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. 10797 10797 AN ORDINANCE ORDERING ELECTIONS BY THE QUALIFIED VOTERS OF THE CITY OF FORT WORTH, TEXAS, ON SATURDAY, THE 4TH DAY OF MAY, A.D. 1991, FOR THE PURPOSE OF ELECTING THE MAYOR AND COUNCILMEMBERS FOR THE CITY OF FORT WORTH, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION I. That, in compliance with the Charter of the City of Fort Worth and in accordance with the Constitution and laws of the State of Texas, elections be and the same are hereby called and ordered for Saturday, May 4, 1991, as Minutes of City Council R-3 Page 195 TUESDAY, FEBRUARY 26, 1991 Ordinance No. authorized by Section 41.001 of the Texas Election Code, as amended, at which 10797 cont. elections all qualified voters may vote for the purpose of electing a Mayor at large and eight (8) Councilmembers from their respective districts. SECTION II. That the City Secretary of said City shall prepare ballots to be used in voting machines in said elections, on which ballots shall be printed the names of the candidates for the at -large position of Mayor and the names of the candidates from the respective single member districts for the position of Councilmember. The places of the different candidates shall be designated on the official ballot as Mayor and Member of Council, Districts 2, 3, 4, 5, 6, 7, 8 and 9, respectively. City Council single member districts are described and defined in Ordinance Nos. 7323, 7392, 7441, 7869, 7963, 8047, 8261, 8682, 8712, 8719, 8909, 9304, 9548, 9618, 9804, 10257, 10532 and 10796. SECTION III. That no person's name shall be placed on the official ballot as a candidate for the office of Mayor or as a candidate for membership on the City Council unless such person has filed his or her sworn application, as required by the laws of Texas, with the City Secretary not later than 5:00 P.M. of the 45th day before election day. There must also appear on the face of said application the single member district wherein said candidate resides and from which district said candidate is seeking election, except that, with respect to candidates for the office of Mayor, the election shall be at large. That no person's name shall be placed on the official ballot as a candidate for the office of Mayor unless such person is a qualified resident elector of the City of Fort Worth and shall have resided continuously within the State for at least twelve (12) months and continuously within the City for at least six (6) months immediately preceding the date of the regular filing deadline for a candidate's application for a place on the ballot, which date is March 20, 1991. That no person's name shall be placed on the official ballot as a candidate for membership on the City Council unless such person is a qualified elector of the City and shall have resided continuously within the State for at least twelve (12) months immediately preceding the date of the regular filing deadline for a candidate's application for a place on the ballot, which date is March 20, 1991, and continuously within the district from which he seeks election for a period of at least six (6) months immediately preceding the date of the election, which is May 4, 1991. In determining whether a person has complied with the durational residency requirements established by and referred to in this ordinance and in the City Charter for the office of Mayor or City Councilmember, the provisions of 141.001, 141.003 and 141.004 of the Texas Election Code, as amended, and Chapter IV, Section 3 of the City Charter shall apply. SECTION IV. That it shall further appear to the said City Secretary, before said candidate's name is entered on said ballot, that he or she has filed an affidavit of loyalty with the City Secretary, as required by Article 141.031 of the Texas Election Code, as amended. SECTION V. That, in the event that there are two or more candidates for the office of Mayor or two or more candidates from the same single member district for membership on the City Council, the order in which the names of such candidates are to be printed on the ballot shall be determined by a drawing to be conducted by the City Secretary. The City Secretary shall post in her office a notice of the date, hour and place of the drawing. The notice must remain posted continuously for 72 hours immediately preceding the scheduled time of the drawing, except that for a run-off election, or an election held to resolve a tie vote, the notice must remain posted for 24 hours immediately preceding the scheduled time of the drawing. Upon receipt of a candidate's written request, accompanied by a stamped, self-addressed envelope, the City Secretary shall mail written notice of the date, hour and place of the drawing to the candidate. Each candidate affected by the drawing is entitled to be present or to have a representative present at the drawing. SECTION VI. That Ruth Howard, City Secretary of the City of Fort Worth, shall conduct and shall be the clerk for absentee voting at said elections. That Robert Parten, Tarrant County Elections Administrator, will serve as chief deputy absentee voting clerk. Absentee voting shall be conducted by two methods: A. Voting by personal appearance; and B. Voting by mail. Absentee voting shall be on paper ballots. Each absentee voter shall vote for his or her choice for Mayor and for his or her choice for membership on the City Council. Said absentee voter shall vote by blackening in the box Minutes of City Council R-3 Page 196 TUESDAY, FEBRUARY 26, 1991 Ordinance No. beside the name of the candidate for whom he or she wishes to vote; provided, however, that, if the voter places a plus sign (+) or a check mark ( ) or any 10797 cont. other mark, which clearly shows the voter's intent in the square beside the name of the candidate for whom the voter desires to vote, it shall be counted as a vote for that candidate, provided that no more names are thus marked than there are places to be filled. That the failure of a voter to mark his or her ballot in strict conformity with these directions or failure to vote a full ballot shall not invalidate the ballot, and the vote shall be counted if the intent is clearly ascertainable, unless the law prohibits counting the vote., It is specifically provided that the election officers shall not refuse to count an absentee ballot because of the voter having marked his or her ballot by marking through the names of the candidates for whom he or she does not wish to vote; and that in this connection the attention of the Absentee Ballot Board is directed to the provisions of Section 65.009 of the Texas Election Code, as amended. SECTION VII. Absentee voting by personal appearance shall be conducted on weekdays only, beginning April 15, 1991, and continuing through April 30, 1991. Such absentee voting shall be conducted at the following locations at the following times: Location Office of the City Secretary (Main Absentee Polling Place) 3rd Floor, Fort Worth Municipal Bldg. 1000 Throckmorton Street Fort Worth, Texas 76102 Worth Heights Multipurpose Center 3551 New York Avenue Fort Worth,- Texas 76110 Southside Multipurpose Center 959 East Rosedale Fort Worth, Texas 76104 Como Multipurpose Center 4900 Horne Street Fort Worth, Texas 76107 Diamond Hill/Jarvis Library 1300 N.E. 35th Street Fort Worth, Texas 761106 Poly Subcourthouse 3206 Miller Avenue Fort Worth, Texas 76119 Southwest Subcourthouse 3892 Altamesa Boulevard Fort Worth, Texas 76133 County Annex West 600 West Weatherford Fort Worth, Texas 76196 Southwest Regional Library 4001 Library Lane Fort Worth, Texas 76109 Handley-Meadowbrook Recreation Center 5651 East Lancaster Fort Worth, Texas 76112 Log Cabin Village (Harry A. Foster Cabin) 2100 Log Cabin Village Lane Fort Worth, Texas 76109 Time 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 4:30 p.m. 8:00 a.m. to 4:30 p.m. 8:00 a.m. to 4:30 p.m. 8:00 a.m. to 4:30 p.m. 8:00 a.m. to 4:30 p.m. 8:00 a.m. to 4:30 p.m. 8:00 a.m. to 4:30 p.m. 8:00 a.m. to 4:30 p.m. 8:00 a.m. to 4:30 p.m. 8:00 a.m. to 4:30 p.m. In addition, absentee voting by personal appearance also shall be conducted on Saturday, April 27, 1991, between the hours of 8:00 a.m. and 4:30 p.m., at each of the above locations. SECTION VIII. The Absentee Ballot Board is hereby created to process absentee voting results, and Barney Koons is hereby appointed as Presiding Judge. The Presiding Judge shall appoint at least two other members to such Board. Minutes of City Council R-3 Page 197 1('s TUESDAY, FEBRUARY 26, 1991 SECTION IX. Ordinance No. 10797 cont. A. An electronic voting system, as defined in Chapter 121 of the Texas Election Code, as amended, shall be used for voting at the regular polling places at said elections and for counting the ballots and the tabulation of the results. The conduct of the elections and the use of the electronic voting system shall be in accordance with the Texas Election Code, as amended. B. The Office of the Tarrant County Elections Administrator, Tarrant County Courthouse, 100 Weatherford, Fort Worth, Texas, is hereby established as the Central Counting Station for the ballots cast in said elections. C. Robert Parten, having knowledge and experience in the conduct of elections with the electronic voting system for which the Central Counting Station is established, and being a registered voter of the City of Fort Worth, is hereby appointed as the Manager of the Central Counting Station. The Manager shall be in charge of overall administration of the Central Counting Station and the general supervision of the personnel working at said Station. D. Wendy Tyler, being trained in the operation of the automatic tabulating equipment installed at the Central Counting Station, is hereby appointed Tabulation Supervisor. The Tabulation Supervisor shall be in charge of the operation of the automatic tabulating equipment. E. The appointments of Lynda Schafer, Donna Calton and Linda Funkhouser as Assistants to the Tabulation Supervisor are hereby approved. They shall assist the Tabulation Supervisor in the operation of the automatic tabulating equipment as directed by the Tabulation Supervisor. F. Patricia Benavides is hereby appointed as Presiding Judge of the Central Counting Station. She shall maintain order at the Central Counting Station and shall have such authority as may be prescribed by the Texas Election Code, as amended. SECTION X. That the City Secretary is hereby ordered and directed to prepare and issue ballots for absentee voting and for electronic voting and to stamp same "Official Ballot." Said ballots shall be printed in English and in Spanish for use in said elections. SECTION XI. That the City Secretary of the City of Fort Worth shall furnish election officials said ballots and voting equipment, together with any other forms, blanks or instructions in accordance with the Charter of the City of Fort Worth, Texas, and the laws of the State of Texas insofar as same are applicable. SECTION XII. That the polls shall be kept open from seven o'clock A.M. until seven o'clock P.M., on May 4, 1991, and that due return shall be made to the City Council showing the number of votes cast for each candidate for the office of Mayor and for membership on the City Council. SECTION XIII. That any candidate receiving a majority of all the votes cast for the office for which he or she is a candidate shall be elected to such office; but that, in the event of a tie or in the event that no candidate receives a majority of all the votes cast for the office sought, the Mayor, on the first day after the completion of the official tabulation and canvass of the returns, shall issue a call, proclamation and notice for a second election, as required by law, to be held on May 25, 1991, to fill that place, at which second election the two candidates receiving the highest number of votes for any such office or offices, as the case may be, in the first election, at which no one was elected by receiving a majority of all the votes cast for all candidates for such office or offices, shall again be voted for. SECTION XIV. That the single member districts (described and defined with particularity in Ordinance Nos. 7323, 7392, 7441, 7869, 7963, 8047, 8261, 8682, 8712, 8719, 8909, 9304, 9548, 9618, 9804, 10257, 10532 and 10796) and the precincts therein, are set out with particularity on Exhibit "A" attached hereto and made a part hereof. SECTION XV. Only qualified electors residing within the boundary of District No. 2 shall be eligible to vote for a candidate for Member of Council, Place No. 2. Only qualified electors residing within the boundary of District No. 3 shall be eligible to vote for a candidate for Member of Council, Place No. 3. Only qualified electors residing within the boundary of District No. 4 shall be Minutes of City Council R-3 Page 198 TUESDAY, FEBRUARY 26, 1991 No qualified elector of the City shall be eligible to vote for a candidate for Member of the City Council of the City of Fort Worth from other than the district of residency of such elector. All qualified electors of the City shall be eligible to vote for candidates for the office of Mayor. SECTION XVI. That the location of the polling places for the election of Mayor and City Council members; except insofar as they may be changed by the City Council, are set forth on Exhibit "B" attached hereto and made a part hereof. SECTION XVII. That the City Council shall appoint a Presiding Judge and an Alternate Presiding Judge for each precinct or portion thereof within the City Council Single Member Districts. Each Presiding Judge shall appoint not less than two nor more than eight qualified election clerks to serve and assist in conducting said elections, provided that, if the Presiding Judge actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. SECTION XVIII. That said elections shall be held under the provisions of the Charter of the City of Fort Worth, Texas, and the Constitution and laws of the State of Texas, insofar as same may be applicable, and all duly qualified resident electors of each respective single member district shall be allowed to vote in the mayoralty election on candidates for the office of Mayor. Each and every candidate for Mayor or Member of the City Council of the City of Fort Worth shall be a qualified elector of the City. SECTION XIX. This ordinance shall constitute the proclamation, call, notice and ordinance calling and ordering said elections. SECTION XX. That eligible to vote f or a candidate f or Member of Council, Place No. 4. Only Ordinance No. qualified electors residing within the boundary of District No. 5 shall be 10797 cont. eligible to vote for a candidate for Member of Council, Place No. 5. Only Fort Worth City Council. qualified electors residing within the boundary of District No. 6 shall be eligible to vote for a candidate for Member of Council, Place No. 6. Only qualified electors residing within the boundary of District No. 7 shall be eligible to vote for a candidate for Member of Council, Place No. 7. Only qualified electors residing within the boundary of District No. 8 shall be eligible to vote for a candidate for Member of Council, Place No. 8. Only qualified electors residing within the boundary of District No. 9 shall be eligible to vote for a candidate for Member of Council, Place No. 9. No qualified elector of the City shall be eligible to vote for a candidate for Member of the City Council of the City of Fort Worth from other than the district of residency of such elector. All qualified electors of the City shall be eligible to vote for candidates for the office of Mayor. SECTION XVI. That the location of the polling places for the election of Mayor and City Council members; except insofar as they may be changed by the City Council, are set forth on Exhibit "B" attached hereto and made a part hereof. SECTION XVII. That the City Council shall appoint a Presiding Judge and an Alternate Presiding Judge for each precinct or portion thereof within the City Council Single Member Districts. Each Presiding Judge shall appoint not less than two nor more than eight qualified election clerks to serve and assist in conducting said elections, provided that, if the Presiding Judge actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. SECTION XVIII. That said elections shall be held under the provisions of the Charter of the City of Fort Worth, Texas, and the Constitution and laws of the State of Texas, insofar as same may be applicable, and all duly qualified resident electors of each respective single member district shall be allowed to vote in the mayoralty election on candidates for the office of Mayor. Each and every candidate for Mayor or Member of the City Council of the City of Fort Worth shall be a qualified elector of the City. SECTION XIX. This ordinance shall constitute the proclamation, call, notice and ordinance calling and ordering said elections. SECTION XX. That notice of said elections shall be given by: (1) publishing a copy of this ordinance, in English and in Spanish, at least once, not earlier than the 30th day or later than the 10th day before the date set for said elections, in a newspaper published in said City; and (2) not later than the 21st day before the date set for the elections, posting a copy of this ordinance, in English and in Spanish, on the City's bulletin board used for posting notices of the meetings of the Fort Worth City Council. SECTION XXI. That the way and manner of holding said elections, the notice to be given therefor, the polling places, the personnel and the officers who are to hold same, and all details connected with the holding of the elections shall be provided for and arranged by the City Secretary; that the proper notice and publication of this notice, proclamation and ordinance shall only be cumulative of and in addition to the statutory notice of said elections as herein provided; and that any omission or irregularity in this notice or in the publication or posting of this notice, proclamation and ordinance, or in the signing of same, shall not in any way affect or invalidate such elections. SECTION XXII. That in all respects, said elections shall be conducted in accordance with the Texas Election Code, as amended. SECTION XXIII. That it is hereby officially found and determined that the meeting at which this ordinance was adopted and said elections were called was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Vernon's Annotated Civil Statutes, Article 6252-17, as amended. Minutes of City Council R-3 Page 199 0(.000 rdinance No. 0797 cont. TUESDAY, FEBRUARY 26, 1991 SECTION XXIV. That this ordinance, election order, proclamation and notice shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. EXHIBIT "A" FORT WORTH PRECINCTS BY SINGLE MEMBER DISTRICTS JANUARY 1, 1990 DISTRICT VOTING PRECINCTS 1 All Precincts - At Large 2 3054, 3061, 3124, 3362, 4017, 4044*, 4048, 4050, 4051, 40679 4068, 4087, 4092, 4093, 4110, 4122, 4123, 4231, 4234*, 4250, 4261, 4372*, 4374*, 411*, 413* 3 1070, 1071*, 1111*, 1142, 1186*, 1241, 1296, 1377, 4015, 4069*, 4118, 4129, 4130, 4135, 4136, 4163, 4178, 4179, 4203, 4230, 4239, 4255*, 4276, 4342, 4343, 4369*, 4371, 4375 4 2012, 2088, 2099, 2126, 2146, 2170, 2185, 2278, 2279, 23119 2312, 3066, 3082, 3101, 3109, 3151, 3162, 3175, 3197, 3198, 3199*, 3227, 3236, 3277, 3363, 3388 5 1011, 1074, 1075, 1098, 1106, 1127, 1132, 1149, 1152, 11849 11889 12119 1297, 12999 1346, 2270 6 1004, 1014, 1022, 1024*, 1034*, 1085, 1105, 1119, 1150, 1165, 1167, 1207, 1237, 1238, 1244*, 1251, 1256, 1257, 1264, 1265, 1273, 1292, 1300, 1347*, 1348*, 1349*, 1350*, 1351, 1378*, 2262* . 7 3001, 3253, 4002, 4016, 4053*, 4057, 4064, 4065*, 4086, 4094, 4113, 4116, 4120, 4125, 4137, 4232*, 4242*, 4243, 4252, 4272, 4274, 4285, 4341, 4344, 4345, 4373*, 4376 8 1005, 1010, 1058, 1059, 1073, 1078, 1079, 1080, 1083, 10899 1090, 1104, 1107, 1154, 1291, 3008, 3019, 3056, 4006 9 1062, 1077, 1081, 1096, 1097, 1108, 1117, 1133, 1134, 1155, 1195, 1201, 1233, 1288, 1298, 4060, 4076, 4084, 4095, 4182, 4370 *Split Precincts 1. Split with unincorporated territory or other municipalities 1024, 1034, 1071, 1111, 1186, 1244, 1347, 1348, 1349, 1350, 1378, 2262, 3199, 4044, 4053, 4065, 4069, 4232, 4234, 4242, 4255, 4261, 4369, 4372, 4373, 4374, 411, 413 EXHIBIT "B" CITY OF FORT WORTH CITY COUNCIL ELECTION MAY 4, 1991 (AS OF - FEBRUARY 21, 1991) DISTRICT 2 PRECINCTS) 3054, 3061 3124, 3362-0 4017 4044, 4234, 4374, 4372 411, 413 4048 4050 4051 POLLING LOCATION Progressive Baptist Church 1702 Carver Avenue, 76102 Midtown Church of Christ 1701 Oakhurst Scenic Drive, 76111 St. Thomas Catholic Church 2920 Azle Avenue, 76106 Fossil Hill Middle School 3821 Staghorn Circle South, 76137 Metro Opportunity School 215 Northeast 14th Street, 76106 Washington Heights Elementary School 3215 North Houston Street, 76106 Luttrell Building (Rear Entrance) 2200 Northeast 28th Street, 76106 Minutes of City Council R-3 Page 200 TUESDAY, FEBRUARY 26, 1991 Ordinance No. 4067 Denver Avenue Elementary School 10797 cont. 1412 Denver Avenue, 76106 4068 Rosen Heights Baptist Church 2524 Roosevelt Avenue, 76106 4087 Northside Branch Library 601 Park Street, 76106 4092 Manuel Jara Elementary School 2100 Lincoln Avenue, 76106 4093 M.H. Moore Elementary School 1809 Northeast 36th Street, 76106 4110 Northside Multipurpose Center 1901 Harrington Avenue, 76106 4122 Azle Avenue Baptist Church 2901 Azle Avenue, 76106 4123 Wesley Community Center 3600 Crump Street, 76106 4231 Diamond Hill Jarvis High School 1411 Maydell Street, 76106 4250 Fire Station #9 2575 Polaris Drive, 76137 4261 Fire Station #31 4209 Longstraw Drive, 76137 DISTRICT 3 1070, 1142, 1241 J.P. Moore School 4212 Belden Avenue, 76132 1071, 1186, 1296, 1377 Harris Methodist Southwest 6100 Harris Parkway, 76132 4015 Middle Level Learning Center 3813 Valentine Street, 76107 4069, 1111, 4255, 4276 First Baptist Church White Settlement 4369 121 Verna Trail, 76108 4118, 4178 Southern Baptist Radio & TV Center 6350 West Freeway, 76116 4129 Ridglea West Baptist Church 4416 Southwest Boulevard, 76116 4130, 4343, 4375-0 Southwest Regional Library 4001 Library Lane, 76109 4135 Westridge Baptist Church 9001 Weatherford Highway, 76116 4136, 4239-0 Luella Merrett Elementary School 7325 Kermit Avenue, 76116 4163, 4371 Westcliff Elementary School 4300 Clay Avenue, 76109 II 114179 R.D. Evans Recreation Center 3242 Lackland Rd. 76116 114203 Western Hills Elementary School 2805 Laredo Drive, 76116 4230 Faith Lutheran Church 4551 Southwest Boulevard, 76126 4342 Ridglea Hills Elementary School 6817 Cumberland Road, 7611Y ( DISTRICT 4 2012 East Handley Elementary School 2617 Mims Street, 76112 2088 Sagamore Hill Elementary School 701 South Hughes Street, 76103 Minutes of City Council R-3 Page 201 tirsti Ordinance No. 10797 cont. 2099 2126, 2311 2146 2170, 2312 2185 2278 2279 3066 3082, 3198 3101 3109 3151, 3199-5 R.V. 3162, 3363-0 3175 3197, 3227 3236 3277 3388 DISTRICT 5 1011 1074 1075 1098 1106 1127 1132 1149, 1299 1152, 1184, 1297 1188 TUESDAY; FEBRUARY 26, 1991 Handley Meadowbrook Rec. Ctr. 6201 Beaty Street, 76112 Handley Middle School 2801 Patino Road, 76112 Eastern Hills High School 5701 Shelton Street, 76112 Meadowbrook Middle School 2001 Ederville Road, 76103 Meadowbrook Golf Course 1815 Jenson Road (Pro Shop), 76112 Brentwood Bible Church 6917 Brentwood Stair Road, 76112 Atwood McDonald Elementary School 1850 Barron Lane, 76112 Meadowbrook Baptist Church 3201 Purington Avenue, 76103 Zion Lutheran Church 1112 Eagle Drive, 76111 Carter -Riverside High School 3301 Yucca Avenue, 76111 Oakhurst Elementary School 2700 Yucca Avenue, 76111 Fire Station #20 1051 Woodhaven Boulevard, 76112 Bonnie Brae School 3600 Fossil Drive, 76111 St. John Baptist Church 3324 House Anderson Road, 76040 Romans VIII Ministry 201 Sandy Lane, 76112 KXAS TV Studio 3900 Barnett Street, 76103 White Lake School 501 Oakland Boulevard, 76103 Fort Worth Fire Station #33 14560 Statler Boulevard, 76040 Liberation Church 3540 East Rosedale Street, 76105 D. McRae Elementary School 3316 Avenue N, 76105 Sycamore Park Recreation Center 2525 East Rosedale Street, 76105 S.S. Dillow Elementary School 4000 Avenue N, 76105 East Berry Branch Library 4300 East Berry Street, 76105 Martin Luther King Center 5565 Truman Drive, 76112 Truevine Baptist Church 3732 Miller Avenue, 76119 Glen Park Elementary School 3601 Pecos Street, 76119 A.M. Pate Elementary School 3800 Anglin Drive, 76119 Paul Laurence Dunbar High School 5700 Ramey Avenue, 76112 I. Minutes of City Council R-3 Page 202 TUESDAY, FEBRUARY 26, 1991 1211 Sunrise Elementary School Ordinance No. 3409 Stalcup Road, 76105 10797 cont. 1346 Dunbar - 6th Grade Center 5100 Willie Street, 76105 2270 Fire Station #24 3100 Handley Drive, 76112 DISTRICT 6 1004 Westcreek Elementary School 3401 Walton Avenue, 76133 1014 Edge Park United Methodist Church 5616 Crowley Road, 76134 1022 St. Matthews Lutheran Church 5709 Old Granbury Road, 76123 1024, 1034, 1244, 2262 Precinct One Garage 800 Oak Grove -Rendon (Hwy 1187), 1085 Rosemont Middle School 1501 West Seminary Drive, 76115 1105 Southwest High School 4100 Altamesa Boulevard, 76133 1119, 1265, 1347, 1348 Westminister Presbyterian Church 1350-0 7001 Trail Lake Drive, 76133 1150, 1237 E. Ray Elementary School 7309 Sheridan Road, 76140 1165 South Hills Elementary School 3009 Bilglade Road, 76133 1167, 1257 Fort Worth Classroom Teachers Bldg 6021 Westcreek Drive, 76133 1207, 1349-0 Altamesa Church of Christ 4600 Altamesa Boulevard, 76133 1238 Trinity Cumberland Presby. Church 7120 West Cleburne Road, 76133 1251, 1300, 1378 Sycamore Elementary School 1601 Country Manor Road, 76134 1256, 1351-0 Hubbard Elementary School 1333 West Spurgeon Street, 76115 1264 J.T. Stevens Elementary School 6161 Wrigley Way, 76133 1273 South Hills Baptist Church 4800 Merida Street, 76133 1292 Southwood Baptist Church 2633 Altamesa Boulevard, 76133 DISTRICT 7 3001 Civil Courts Building (Lobby) 100 North Houston Street, 76196 3253 Charles E. Nash Elementary School 401 Samuels Avenue, 76102 4002 Hunter Plaza 200 Burnett Street, 76102 4016 South Hi Mount Elementary School 4101 Birchman Avenue, 76107 4053, 4232 Fire Station #13 5333 Lea Crest Lane, 76135 4057 Trinity Terrace 1600 Texas Street, 76102 4064 FWISD Administration Building 3210 West Lancaster Street, 76107 Minutes of City Council R-3 Page 203 TUESDAY, FEBRUARY 26, 1991 4086, 4344 Texas Girls Choir Building Ordinance No. Ordinance 4449 Camp Bowie Boulevard, 76107 4094, 4345 Arlington Heights High School 4501 West Rosedale Street, 76107 4116 North Hi Mount Elementary School 3801 West Seventh Street, 76107 4120, 4274, 4341 Como Elementary School 4000 Horne Street, 76107 4125, 4243 Trinity Baptist Church 620 Churchill Road, 76114 4137 Jo Kelly School 201 North Bailey Street, 76107 4065, 4113, 4272 Shady Oaks Manor Apartments 4242, 4285, 4373 6148 San Villa Drive, 76135 4252 American Legion Post #626 1125 Burton Hill Road, 76114 4376 Ripley Arnold Apartments 706 West Bluff Street, 76102 DISTRICT 8 1005, 4006 Van Zandt-Guinn Elementary School 501 Missouri Avenue, 76104 1010 Community Christian Center 1720 East 'Vickery Boulevard, 76104 1058 Herculean Social Club 1117 East Hattie Street, 76104 1059 Southside Multipurpose Center 959 East Rosedale Street, 76104 1073 Senior Citizens Fellowship Center 1601 New York Avenue, 76104 1078 Mt. Olive Baptist Church 2951 Evans Avenue, 76104 1079 Pilgrim Rest Baptist Church 960 East Baltimore Avenue, 76104 1080 Greater Harvest Church of God/Christ 2902 Mitchell Boulevard, 76105 1083 Oaklawn Elementary School 3220 Hardeman Street, 76119 1089 Morningside Elementary School 2601 Evans Avenue, 76104 1090 Progressive Church of God in Christ 1349 East Baltimore Avenue, 76104 1104 Bradley Center 2608 Timberline Drive, 76119 1107 Worth Heights Multipurpose Center 3551 New York, 76115 1154 Carter Park Elementary School 1204 East Broadus Street, 76115 1291 East St. Paul Baptist Church 1305 Savage Drive, 76134 3008 Versia L. Williams Elementary School 901 Baurline Street, 76111 3019 Riverside Multipurpose Center 201 South Sylvania Avenue, 76111 3056 Butler Place 1658 Waters, 76102 Minutes of City Council R-3 Page 204 TUESDAY, FEBRUARY 26, 1991 Ordinance No.II DISTRICT 9 10797 cont. 1062, 1077 St. John's Episcopal Church 2401 College Avenue, 76110 1081 University Christian Church 2720 University Drive, 76109 1096 E.M. Daggett Middle School 1108 Carlock Street, 76110 1097 George C. Clarke Elementary School 3300 South Henderson Street, 76110 1108, 1298 R.L. Paschal High School 3001 Forest Park Boulevard, 76110 1117 Bluebonnet School 3201 South Hills Avenue, 76109 1133 St. Christopher Episcopal Church 3550 Southwest Loop 820, 76133 1134 B.H. Carroll Center (New Lives) 3908 McCart Street, 76110 1155 Rosemont Church of Christ 4041 Ryan Avenue, 76115 1195 South Fort Worth Elementary School 900 West Fogg Street, 76110 1201 Worth Heights Elementary School 519 East Butler Street, 76110 1233, 1288 Fire Station #10 3209 Hemphill Street, 76110 4060 DeZavala Elementary School 1419 College Avenue, 76104 4076, 4095 Lily B. Clayton Elementary School 2000 Park Place Avenue, 76110 4084, 4370-0 Hemphill Presbyterian Church 1701 Hemphill Street, 76110 4182 Tanglewood Elementary School 3060 Overton Park Drive West, 76109 M&C P-4757 re There was presented Mayor and Council Communication No. P-4757 from the City annual maintenance Manager stating that CA -1 is a software product that the Information Systems and of mainframe soft- Services Department, Data Processing Division, has used over 12 years to protect and ware for the In- retain data stored on magnetic tape; that CA -1 is the industry standard for the formation System management of magnetic tape resources and is unsurpassed in its reliability and and Services De- conformity to change in the IBM software that it must match; stating that funds are partment with sole available in General Fund GG01, Center No. 0044000, Account No. 536010; and source, Computer recommending that the City Council authorize annual maintenance of mainframe software Associates Inter- for one year for the Information Systems and Services Department with the sole source, national Computer Associates International, for an amount not to exceed $5,733.00 f.o.b. Fort Worth, with term of agreement to be effective February 5, 1991, to February 4, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C P-4758 re purchase of se—.-' There was presented Mayor and Council Communication No. P-4758 from the City curi ty services Manager stating that, because of the possibility of military action in the Mideast and from Bailey Ing- subsequent subversive activities in the United States, the Water Department felt it vestiga tors and necessary to secure the water production plants at two locations, Rolling Hills Water Security for Nater Treatment Plant and the Holly Water Treatment Plant; that the security is for 24 hours Department per day for two months; that the Department of Law was informed of the purchase on January 15, 1991; stating that funds are available in Water and Sewer Operating Fund PE45, Center No. 0605002, Account No. 539120; and recommending that the City Council confirm the emergency purchase of security services from Bailey Investigators and Security for the Water Department for an amount not to exceed $23,760.00. It was the consensus of the City Council that the recommendation be adopted. M&C P-4759 re purchase agreement There was presented Mayor and Council Communication No. P-4759 from the City with Burns Inter- Manager submitting a tabulation of bids received for a one-year purchase agreement with national Security two one-year renewal options to provide security guard service for the Transportation Service to provide and Public Works Department; stating that budgeted funds are sufficient to cover the security guard anticipated expenditure by each department participating in the agreement; and service for Trans- recommending that the purchase agreement be authorized with Burns International portation and = -- Security Service on it low bid of $7.06 per hour, with term of agreement to be Public Works De- effective from date of approval until expiration one year later. It was the consensus par tmen t I of the City Council that the recommendations be adopted. Minutes of City Council R-3 Page 205 TUESDAY, FEBRUARY 26, 1991 M&C P-4760 re There was presented Mayor and Council Communication No. P-4760 from the City purchase of Manager stating that the Fixed Base Operator at Spinks Airport withdrew from that security services location on September 1, 1990; that the City then was responsible for the security of from Texas Elite the airplanes hangared at the airport; that Texas Elite Security was placed at the Security for airport during the interim; that the security services originally were implemented for Aviation Depart- less than one month, however, the requests for proposals for a new Fixed Base Operator ment, Spinks Air- will not be completed and authorized by Council until March of 1991; that the new port F.B.O. will assume the responsibility for security when the contract is completed; that Oxygen Cell S-3 staff requests Council confirmation of the purchase of security services through 7. March 31, 1991, for an amount not to exceed $21,000.00; stating that funds are $98.00/each available in Airports Fund PE4O, Center No. 0552002, Account No. 539120; and Oxygen Cell S-1 recommending that the City Council confirm the purchase of security services from Texas 9. Elite Security for the Aviation Department, Spinks Airport, for an amount not to exceed $60.00/each $21,000.00. It was the consensus of the City Council that the recommendation be Instrument Case LC -100 adopted. Withdrew M&C P- 4761 from the agenda M&C P-4762 re purchase equip- ment with Casco Industries to provide originial equipment manufac- turers' pump for various department M&C P-4762 adopted M&C P-4763 re purchase agreemen for all City de- partments with Hamrick's Hydrau- lics, Inc. M&C P-4764 re purchase agreement with Dantack Cor- poration for parts and labor on Enmet gas detectors for Water Department It was the consensus of the City Council that Mayor and Council Communication No. P-4761, Purchase Agreement With Option for Renewal to Provide Batteries for City Department from Multiple Vendors, be withdrawn from the agenda. There was presented Mayor and Council Communication No. P-4762 from the City Manager submitting a tabulation of bids received for a purchase agreement to provide original equipment manufacturer's pump parts for various 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 with Casco Industries to provide original equipment manufacturers' pump parts for various departments on the low bid of the following discounts: A. Waterous pump parts B. Hale pump parts C. Hale valve pump parts D. Akron valve pump parts E. Elkhart valve pump Manufacturer's suggested list price less 18% Manufacturer's suggested list price less 25% Manufacturer's suggested list price less 25% Manufacturer's suggested list price less 40% Manufacturer's suggested list price less 40% 2. The agreement to begin March 9, 1991, and end one year later, with two additional one-year options to renew. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. P-4763 from the City Manager submitting a tabulation of bids received for a purchase agreement to provide hydraulic component repair service for all City departments; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department; and recommending that the purchase agreement be authorized with Hamrick's Hydraulics, Inc., on its low bid of $9.00 per hour for labor and parts at list price, less ten percent discount, with the agreement to begin March 21, 1991, and end March 20, 1992, with two additional one-year options to renew. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. P-4764 from the City Manager submitting a tabulation of bids received for a purchase agreement, with option to renew annually for two years, for parts and labor on Enmet gas detectors for the Water Department; stating that budgeted funds are sufficient to cover the anticipated expenditure by the Water Department; and recommending that the City Council authorize: 1. A purchase agreement with option to renew annually for two years for parts and labor on Enmet Gas Detectors with Dantack Corporation on the low overall bid, as follows: ITEM DESCRIPTION DANTACK CORPORATION GRAND PRAIRIE. TX 1. Labor -General Repair $50.00/hour 2. Field Test Gas $32.00/hour 3. CGS -100 Toxic Battery Charger $95.00/each 4. Sensor CGS -100 Toxic $35.00/each 5. Sensor CGS -100 Combustible $35.00/each 6. Oxygen Cell S-3 $98.00/each 7. Oxygen Cell S-2 $98.00/each 8. Oxygen Cell S-1 $98.00/each 9. Power Pak GS -100 $60.00/each 10. Instrument Case LC -100 $70.00/each 11. Battery Charges CGS/80 $95.00/each 12. Sensor CGS -80 Toxic $35.00/each Minutes of City Council R-3 Page 206 4r,vt 1''+ IG,i v i TUESDAY, FEBRUARY 26, 1991 C P-4764 cont. 13. Sensor CGS -80 Combustible $35.00/each 14. Lead -Acid Battery CGS -80 $95.00/each 15. Instrument Case CGS -80 $70.00/each 16. Part List Percent 0% 17. F.O.B. Destination No Charge 2. The agreement to be effective from the date of authorization by the City Council until expiration one year later, or until expiration of authorized options. r. Judson Bailiff e M&C P-4764 In response to a question raised by Council Member Chappell, Mr. Judson Bailiff, Director of the Finance Department, appeared before the City Council and advised the City Council that he could not determine the method by which bidders arrived at their quoted prices. Council Member Chappell requested that the identical bids submitted on Mayor and Council Communication No. P-4764 be investigated and that a report be made to the City Council. Council Member Chappell made a motion, seconded by Council Member McCray, that the recommendations, as contained in Mayor and Council Communication No. P-4764, be &C P-4767 re There was presented Mayor and Council Communication No. P-4767 from the City urchase of 800 Manager submitting a tabulation of bids received for the purchase of 800 bales of ales of Canadian Canadian spagnum peat moss for the Park and Recreation Department; stating that funds pagnum peat moss are available in General Fund GGO1, Center Nos. 0802070, 0802060, and 0802032; and or Park and Re- expenditures will be made from Account No. 522030, Center No. 0802070, and Account reation Department No. 522010, Center Nos. 0802060 and 0802032; and recommending that the purchase be made rom A.H. Hummert from A.H. Hummert Company on low bid of $7,928.00 plus freight of $70.00 for a total ompany amount not to exceed $7,998.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. &C P-4768 re There was presented Mayor and Council Communication No. P-4768 from the City urchase agreement Manager submitting a tabulation of bids received for a purchase agreement for the or purchase of purchase of genuine Lift All, Hi -Ranger, Reach All, Mobark Eager Beaver parts at enuine Lift All, manufacturer's suggested list price, and Dunham and Teague Auger manufacturer's i -Ranger, Reach replacement parts for the City Services Department; stating that budgeted funds are 11, Mobark Eager sufficient to cover the anticipated expenditure by the department participating in the eaver parts and agreement; and recommending that the City Council authorize: unham and Teague uger parts with 1. A purchase agreement for the purchase of genuine Lift All, Hi -Ranger, .E.C. Equipment Reach All, Mobark Eager Beaver parts at manufacturer's suggested list ompany price, and Dunham and Teague Auger manufacturer's replacement parts at manufacturer's suggested list price less 20 percent with U.E.C. Equipment Company on the low bid for the City Services Department; and 2. The agreement to begin March 7, 1991, and end March 6, 1992, with two additional one-year options to renew. &C P-4768 adopted It was the consensus of the City Council that the recommendations be adopted. &C P-4769 re There was presented Mayor and Council Communication No. P-4769 from the City urchase agreement Manager submitting a tabulation of bids received for a quotation received for a or purchase of purchase agreement for genuine Pak -Mor manufacturer's replacement parts for the City enuine Pak -Mor Services Department; stating that budgeted funds are sufficient to cover the arts with Davis anticipated expenditure; and recommending that the purchase agreement be authorized ruck and Equip- with Davis Truck and Equipment Company, Inc., on low bid of unit prices at ent Company, Inc. manufacturer's suggested list price, with term of agreement to begin March 7, 1991, and end March 6, 1992, with two additional one-year options to renew. It was the consensus of the City Council that the recommendations be adopted. &C P-4770 re There was presented Mayor and Council Communication No. P-4770 from the City urchase agreement Manager stating that the City Council approved a purchase agreement on January 3, 1989, i th sole source by Mayor and Council Communication No. P-3104, with Leeds and Northrup Systems for e ndor, Leeds and repair parts and engineering services for the Water Department; that Leeds and Northrup orthrup Systems, Systems is the sole source for parts, repair parts, and engineering services; stating or repair parts nd engineering ervices for Water epartment Minutes of City Council R-3 Page 207 adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. &C P-4765 re There was presented Mayor and Council Communication No. P-4765 from the City urchase agreement Manager submitting a tabulation of bids received for a purchase agreement to furnish ith Jesse P. engine oil for the Water Department; stating that budgeted funds are sufficient to aylor Oil Company cover the anticipated expenditure; and recommending that the purchase agreement be o furnish engine authorized with Jesse P. Taylor Oil Company on its low bid of $2.28 per gallon, with it for Water De- term of agreement beginning February 24, 1991, and ending one year later, with two artment additional one-year options to renew. It was the consensus of the City Council that the recommendations be adopted. &C P-4766 re urchase agredment There was presented Mayor and Council Communication No. P-4766 from the City ithsTeiagaCed trac- Manager submitting a tabulation of bids received for a purchase agreement to provide orss-SupplyrtCompany asphalt crack sealer for the Transportation and Public Works Department; stating that orsapplyaaspha}t budgeted funds are sufficient to cover the anticipated expenditure by the department rackf�sealepaforant participating in the agreement; and recommending that the purchase agreement be or46Ttanspor.tation authorized with Texas Contractors Supply Company on its low bid of $0.215 per pound, nd�Publ i c Works with term of agreement beginning January 16, 1991, and ending one year later. It was e par tmen t the consensus of the City Council that the recommendations be adopted. &C P-4767 re There was presented Mayor and Council Communication No. P-4767 from the City urchase of 800 Manager submitting a tabulation of bids received for the purchase of 800 bales of ales of Canadian Canadian spagnum peat moss for the Park and Recreation Department; stating that funds pagnum peat moss are available in General Fund GGO1, Center Nos. 0802070, 0802060, and 0802032; and or Park and Re- expenditures will be made from Account No. 522030, Center No. 0802070, and Account reation Department No. 522010, Center Nos. 0802060 and 0802032; and recommending that the purchase be made rom A.H. Hummert from A.H. Hummert Company on low bid of $7,928.00 plus freight of $70.00 for a total ompany amount not to exceed $7,998.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. &C P-4768 re There was presented Mayor and Council Communication No. P-4768 from the City urchase agreement Manager submitting a tabulation of bids received for a purchase agreement for the or purchase of purchase of genuine Lift All, Hi -Ranger, Reach All, Mobark Eager Beaver parts at enuine Lift All, manufacturer's suggested list price, and Dunham and Teague Auger manufacturer's i -Ranger, Reach replacement parts for the City Services Department; stating that budgeted funds are 11, Mobark Eager sufficient to cover the anticipated expenditure by the department participating in the eaver parts and agreement; and recommending that the City Council authorize: unham and Teague uger parts with 1. A purchase agreement for the purchase of genuine Lift All, Hi -Ranger, .E.C. Equipment Reach All, Mobark Eager Beaver parts at manufacturer's suggested list ompany price, and Dunham and Teague Auger manufacturer's replacement parts at manufacturer's suggested list price less 20 percent with U.E.C. Equipment Company on the low bid for the City Services Department; and 2. The agreement to begin March 7, 1991, and end March 6, 1992, with two additional one-year options to renew. &C P-4768 adopted It was the consensus of the City Council that the recommendations be adopted. &C P-4769 re There was presented Mayor and Council Communication No. P-4769 from the City urchase agreement Manager submitting a tabulation of bids received for a quotation received for a or purchase of purchase agreement for genuine Pak -Mor manufacturer's replacement parts for the City enuine Pak -Mor Services Department; stating that budgeted funds are sufficient to cover the arts with Davis anticipated expenditure; and recommending that the purchase agreement be authorized ruck and Equip- with Davis Truck and Equipment Company, Inc., on low bid of unit prices at ent Company, Inc. manufacturer's suggested list price, with term of agreement to begin March 7, 1991, and end March 6, 1992, with two additional one-year options to renew. It was the consensus of the City Council that the recommendations be adopted. &C P-4770 re There was presented Mayor and Council Communication No. P-4770 from the City urchase agreement Manager stating that the City Council approved a purchase agreement on January 3, 1989, i th sole source by Mayor and Council Communication No. P-3104, with Leeds and Northrup Systems for e ndor, Leeds and repair parts and engineering services for the Water Department; that Leeds and Northrup orthrup Systems, Systems is the sole source for parts, repair parts, and engineering services; stating or repair parts nd engineering ervices for Water epartment Minutes of City Council R-3 Page 207 0-4ti fr"v TUESDAY, FEBRUARY 26, 1991 M&C P-4770 cont. that funds are available in Water and Sewer Operating Fund PE45, Account No. 0705002, Index Code 539120; and recommending that the City Council exercise the second year of a two-year option for renewal with the sole source vendor, Leeds and Northrup Systems, not to exceed $35,000.00 annually net, f.o.b. Fort Worth, with term of agreement to be effective from January 2, 1991, through January 1, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C P-4771 re There was presented Mayor and Council Communication No. P-4771 from the City purchase of type- Manager submitting a tabulation of bids received for the purchase of typewriters for writers for the the Police Department; stating that funds are available in Fund FE72, Center Police Department No. 035535000000, Account No.- 541320, and General Fund GGO1, Center No. 0356500, from Word Tech- Account No. 524010; and recommending that the purchase be made from Word Technologies nologies and Nev- for an amount of $5,102.30 and Neville Business Machines, Inc., for an amount of ille Business $8,754.00 for a total amount of $13,856.30 net, f.o.b. Fort Worth. It was the Machines, Inc. consensus of the City Council that the recommendation be adopted. M&C P-4772 re ' There was presented Mayor and Council Communication No. P-4772 from the City purchase of one Manager submitting a tabulation of bids received for the purchase of one sewer flushing sewer flushing truck for Equipment Services; stating that purchases will be charged to Equipment truck for Equip- Services Operating Fund PI61, Account No. 141700; and recommending that the purchase be men t Services from made from Southwest Truck Sales on low bid meeting City specifications of $71,590.00 Southwest Truck net, f.o.b. Fort Worth. It was the consensus of the City Council that the Sales recommendation be adopted. M&C P-4773 re There was presented Mayor and Council Communication No. P-4773 from the City lease/purchase Manager stating that the City Council approved the purchase of two fire trucks on agreement to MNC February 12, 1991, by Mayor and Council Communication No. P-4731; that Emergency One Goverment Finance was awarded the bid for the brush truck on low bid of $178,931.00; that Simon LTI was with Ford Motor awarded the bid for the 75 -Foot Quint on low bid of $453,806.00; that the City Manager Credit Company was authorized to execute a 7.33 percent 84 -month lease/purchase agreement with Maryland National Corporation Leasing to finance the total purchase of $632,737.00; that Maryland National Corporation is requesting the approval of a resolution to complete the documentation for lease/purchase; and recommending that the City Council approve a resolution authorizing the award of a lease/purchase agreement to MNC Government Finance and the execution and delivery of an equipment lease/purchase agreement and related instruments with the assignee of MNC Government Finance, Ford Motor Credit Company, and determining other matters in connection therewith. Mr. Judson Bailiff Mr. Judson Bailiff, Director of the Finance Department, appeared before the City re M&C P-4773 Council and advised the City Council of equipment that has been purchased on a lease/purchase agreement up to this date. Mayor Bolen requested that a comparison be made in order to determine the savings when purchasing equipment on a lease/purchase agreement. Council Member Chappell made a motion, seconded by Council Member Gilley, that the recommendation, as contained in Mayor and Council Communication No. P-4773, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced a Council Member Chappell introduced a resolution and made a motion that it be resolution adopted. The motion was seconded by Council Member Meadows. 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 Resolution No. 1703 NOES: None ABSENT: None The resolution, as adopted, is as follows: RESOLUTION NO. 1703 RESOLUTION AUTHORIZING THE AWARD OF A LEASE/PURCHASE AGREEMENT TO MNC GOVERNMENT FINANCE AND THE EXECUTION AND DELIVERY OF AN EQUIPMENT LEASE/PURCHASE AGREEMENT AND RELATED INSTRUMENTS WITH THE ASSIGNEE OF MNC GOVERNMENT FINANCE, FORD MOTOR CREDIT COMPANY, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the governing body of the City of Fort Worth, Texas ("Lessee") has determined that a true, and very real need exists for the Equipment (the "Equipment") described in the Equipment Lease/Purchase Agreement (the "Agreement") presented to this meeting; and WHEREAS, Lessee has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and WHEREAS, Lessee proposes to enter into the Agreement substantially in the form presented to this meeting; and NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF LESSEE AS FOLLOWS: Minutes of City Council R-3 Page 208 "Otl Iv, I✓ TUESDAY, FEBRUARY 26, 1991 &C P-4773 cont. Section 1. It is hereby found and determined that the terms of the Agreement in the form presented to this meeting and incorporated in this resolution, are in the best interests of Lessee for the acquisition of the Equipment. Section 2. The Agreement is hereby approved. The of Lessee and any other officer of Lessee who shall have power to enter into the Agreement with the Assignee of MNC Government Finance, Ford Motor Credit Company, execute contracts on behalf of Lessee, and each of them hereby is, authorized to execute, acknowledge and deliver the Agreement with any changes, insertions and omissions therein as may be approved by the officers who execute the Agreement, such approval to be conclusively evidenced by such execution and delivery of the Agreement. The of the Lessee and any other officer of Lessee who shall have power to do so be, and each of them hereby is, authorized to affix the official seal of Lessee to the Agreement and attest the same. Section 3. The proper officers of Lessee be, and each of them hereby is, authorized and directed to execute and deliver any and all papers, instruments, opinion, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution and the Agreement. M&C L-10406 re There was presented Mayor and Council Communication No. L-10406 from the City acquisition of Manager recommending that the City pay a total consideration of $536.00 for a land rectangularly -shaped strip of land from the south property line of Lot M, Block 7, Trentment Revision of Cobbs Orchard Addition, as described in Volume 7325, Page 477, Deed Records, Tarrant County, Texas; same lying on the north side of existing Martin Avenue, being 6.69 feet in width on the west boundary and 175.0 feet in length; located at 4744 Tallman Street; owned by Life Fellowship Intl., Inc.; and required for reconstruction of Martin Avenue from Wichita Street to Shackleford Street. 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. 016670402400, Account No. 541100. M&C L-10407 re There was presented Mayor and Council Communication No. L-10407 from the City acquisition of Manager recommending that the City pay a total consideration of $300.00 for a land rectangularly -shaped strip of land from the north property line of Lot 1, Block 26, Glen Park Addition, as described in Volume 9327, Page 2273, Deed Records, Tarrant County, Texas; same lying on the south side of Martin Street and being five feet in width and 120 feet in length; located at 4801 011ie Street; owned by Guadalupe Vasquez and wife, Luz; and required for reconstruction of Martin Street from Wichita Street to Shackleford Street. 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. 016670402400, Account No. 541100. M&C L-10408 re There was presented Mayor and Council Communication No. L-10408 from the City acquisition of land Manager recommending that the City pay a total consideration of $1,000.00 for an and temporary ease irregularly -shaped parcel of land ranging from 11.64 feet to 22.13 feet in width and ment ranging from approximately 40 feet to approximately 52 feet in length located at the northwesterly corner of Lot 31, Block 23, Sabine Place, as recorded in Volume 388-Y, Page 92, Deed Records, Tarrant County, Texas; and an irregularly-shaped temporary construction easement ranging from approximately 11 feet to approximately 21 feet in width and ranging from approximately 78 feet to approximately 85 feet in length, located adjacent to the above-mentioned right-of-way; located at 1824 Terminal Road; owned by Templo Berea Assambleas de Dios; and required for reconstruction of Terminal Road from Weber Street to Deen Road. It was the consensus of the City Council that the land and easement be acquired as recommended and that the expenditure be charged to Street Improvements Fund GS67, Center No. 016670401870, Account No. 541100. M&C L-10409 re There was presented Mayor and Council Communication No. L-10409 from the City acquisition of land Manager -recommending that the City pay a total consideration of $750.00 for a rectangularly -shaped temporary construction easement out of Lot 30-A-1 of the W.B. Moncrief Addition, as recorded in Volume 3318, Page 368, Deed Records, Tarrant County, Texas; same being 30.0 feet in width and 25.0 feet in depth and lying adjacent to and contiguous with the west right-of-way line of Purselley Drive; located at 2304 Purselley Drive; owned by Mr. and Mrs. M.F. Enlow; and required for Meadowbrook Drive Reconstruction from Watson to 820. It was the consensus of the City Council that the easement be acquired as recommended and that the expenditure be charged to Street Improvement Fund GS67, Center No. 016670401320, Account No. 541100. M&C L-10410 re There was presented Mayor and Council Communication No. L-10410 from the City drainage easement Manager stating that Services Development Corporation desires to construct an entry encroachment agree drive bridge which will create an encroachment on and over an existing easement granted ment with Services to the City for a portion of Lot 1, Block 1, Lake Arlington Business Park; that the Department Corpora executed Drainage Easement Encroachment Agreement has been submitted to the City; and tion recommending that the City Manager be authorized to execute a Drainage Easement Encroachment Agreement with Services Development Corporation. It was the consensus of the City Council that the recommendation be adopted. M&C L-10411 re There was presented Mayor and Council Communication No. L-10411 from the City acquisition of Manager recommending that the City pay a total consideration of $283.00 for a land rectangularly -shaped strip of land from the south property line of Lot 6A, Block 8, Cobbs Orchard Addition, as described in Volume 3506, Page 187, Deed Records, Tarrant Minutes of City Council R-3 Page 209 TUESDAY, FEBRUARY 26, 1991 M&C L-10411 cont. County, Texas; same lying on the north side of Martin Street and being 9.62 feet in width on the west boundary and 60 feet in length; located at 3321 Martin; owned by Ardis S. Singer, individually and as independent executor of the estate of Verne W. Singer, deceased; and required for reconstruction of Martin Street from Wichita Street to Shackleford Street. 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. 016670402400, Account No. 541100. M&C L-10412 re There was presented Mayor and Council Communication No. L-10412 from the City acquisition of Manager recommending that the City pay a total consideration of $500.00 for a land rectangularly -shaped strip of land from the north property line of Lot 8, Block 19, Glen Park Addition, as described in Volume 7892, Page 1658, Deed Records, Tarrant County, Texas; same being on the south side of existing Martin Street, being five feet in width and 149.20 feet in length; located at 4800 Foard Street; owned by James H. Smith, A Single Man, and Cram Mortgage Service, Inc.; and required for reconstruction of Martin Street from Wichita Street to Shackleford Street. 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. 016670402400, Account No. 541100. M&C L-10413 re There was presented Mayor and Council Communication No. L-10413 from the City refund to Mr. Manager stating that the City Council approved the sale of Lots 9 and 10, Block 3, Donald W. Williams Evans South to Donald W. Williams on June 12, 1990, by Mayor and Council Communication No. L-10121; that the City is unable to deliver sufficient title to the property to allow Mr. Williams to continue with the purchase; that it is necessary to refund his down payment; stating that funds are available in Fund GGO1, Subsidiary Account No. 1221940000000; and recommending that the City Manager be authorized to refund $600.00 to Mr. Donald W. Williams which he submitted for a down payment on Lots 9 and 10, Block 3, Evans South Addition, for the purchase of City -owned property. It was the consensus of the City Council that the recommendation be adopted. M&C PZ 1605 reThere was presented Mayor and Council Communication No. PZ -1605 from the City Manager recommending that an ordinance be adopted vacating the west 120 feet of Bertha vacating a portion Avenue, including a 40 -foot radius turn -around easement located in the remainder of of Bertha Avenue Lot 1, Block 1, Echols Addition, as recorded in Volume 388-54, Page 21, P.R.T.C.T.; Lot 15, Block 9, and Lot 1, Block 12, B. Jackson Addition, and an unplatted parcel of land identified as Tract 3-A, G.J. Ashabranner Survey, Abstract 7, Tarrant County, Texas, and a utility easement located in Lot 1, Block 1, Echol Addition. It was the consensus of the City Council that the recommendation be adopted. Introduced an Council Member Gilley introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Meadows. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance Noy. ORDINANCE NO. 10799 10799 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING (I) A PORTION OF A STREET RIGHT-OF-WAY AND (II) A UTILITY EASEMENT; PROVIDING FOR REVERSION OF FEE IN SAID LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. M&C C-12743 re I There was presented Mayor and Council Communication No. C-12743 from the City contract with Manager submitting a tabulation of bids received for concrete restoration of Lancaster Centerline Cons-. Avenue from Summit Avenue to Currie Street; and recommending that the City Council: structors, Inc. for Concrete Re- 1. Authorize the City Manager to approve the following fund transfer: storation of Lancaster Avenue FROM TO AMOUNT REASON GS93-020930578010 GS93-020930531180 $100,917.76 To provide funds 1991 Program Lancaster Avenue, for construction Unspecified Summit Avenue to plus possible Currie Street change orders. 2. Authorize the City Manager to execute a contract with Centerline Constructors, Inc., for Concrete Restoration of Lancaster Avenue, from Summit Avenue to Currie Street, in the amount of $94,917.76, and 36 working days. M&C C-12743 adoptei It was the consensus of the City Council that the recommendations be adopted. M&C C-12744 re There was presented Mayor and Council Communication No. C-12744 from the City contract with Manager stating that the Home Improvement Loan program is a mainstay housing program First Gibraltar funded by Community Development Block Grant funds and operated by the Housing Division Bank, FSB I of the Housing and Human Services Department; that the program provides funds for substantial home improvement repairs for low and moderate -income families in Fort Minutes of City Council R-3 Page 210 2�1 TUESDAY, FEBRUARY 26, 1991 M&C C-12744 cont. 11 Worth; that funds are held and disbursed by First Gibraltar Bank, FSB, under contract M&C C-12746 reThere was presented Mayor and Council Communication No. C-12746 from the City bond fund transfer Manager, as follows: Engineering Agree- ment with Teague SUBJECT: ENGINEERING AGREEMENT WITH TEAGUE NALL AND PERKINS FOR WATER AND Nall and Perkins SANITARY SEWER REPLACEMENTS IN BORDEN DRIVE, AVENUE J, HUTCHINSON for Water and AVENUE, RICKENBACKER PLACE AND N. NICHOLS STREET Sanitary Sewer Replacements II RECOMMENDATION: It is recommended that the City Council: . 1. Authorize a bond fund transfer in the amount of $36,770 from Special Assessments Fund GS94, Account No. 538070, Center No. 020940099050, Special Assessments Unspecified to Street Improvements Fund GS67, Account No. 531200, Center No. 060670220030, Water Replacement Borden, Ave. J, Hutchinson, Rickenbacker and N. Nichols; 2. Authorize a fund transfer in the amount of $700 from Water and Sewer Operating Fund PE45, Account No. 541200, Center No. 0609020 to Water Capital Improvement Fund PW53, Account No. 511070, Center No. 060530220030, Plan Review; and 3.' Authorize a fund transfer in the amount of $15,610* from Water and Sewer Operating Fund PE45, Account No. 541200, Center No. 0709020 to Sewer Capital Improvement Fund PS58, Account No. 531200, Center No. 070580220230, Sewer Replacement Borden, Avenue J. Hutchinson, Rickenbacker and N. Nichols; and * Includes $300 for Plan Review by the Water Department. 4. Authorize the City Manager to execute an engineering agreement with Teague Nall and Perkins for water and sanitary sewer replacements in Borden Drive, Avenue J, Hutchinson Avenue, Rickenbacker Place and N. Nichols for a fee not to exceed $52,080. RArvnpnim n The Transportation and Public Works Department desires to reconstruct streets at the following locations: Borden Drive, from Vickery to Willis Avenue J, from Beach to Vaughn Hutchinson Avenue, from Dewey to North RR Rickenbacker Place, from Stalcup to 820 N. Nichols, from Long to 38th Street The Water Department is requesting that water and/or sanitary sewer lines be replaced ahead of the Transportation and Public Works street reconstruction Minutes of City Council R-3 Page 211 with the City; and stating that funds are available in Fund/Account/Center, as follows: FUND ACCOUNT CENTER AMOUNT DESCRIPTION GR76 530000 005206075910 $ 7,402.64 HIL Program GR76 530000 005206079130 26,071.13 HIL Program GR76 530000 005206081190 817.81 HIL Program GR76 530000 005206082240 24,958.60 HIL Program GR76 530000 005206084200 33,153.40 HIL Program GR76 530000 005206086170 54,668.50 HIL Program TOTAL $147,072.08 It was the consensus of the City Council that the City Manager be authorized to execute an amendment to the contract with First Gibraltar Bank, FSB, to increase the total contract amount to $1,897,072.08. M&C C-12745 re There was presented Mayor and Council Communication No. C-12745 from the City amendment to con- Manager stating that the City Council approved Mayor and Council Communication tract with Fort No. C-12400 on July 12, 1990, which authorized the City Manager to execute a contract Worth Challenge, with Fort Worth Challenge, Inc., to make adolescent drug treatment services available Inc. for drug to indigent families in the amount of $15,000.00 from Special Trust Fund 72, Awarded treatment Assets Account; that, after Fort Worth Challenge received the City funds, other funds for the treatment of adolescents became available from the Texas Commission on Alcohol and Drug Abuse; that, for this reason, Fort Worth Challenge has not expended the City funds or performed its services under the contract; that Fort Worth Challenge has requested the contract be amended to permit indigent drug treatment services to be made available to a population of 18 to 25 year olds prior to October 1, 1991; that Fort Worth Challenge indicates this slightly older population is in significant need of services and, to date, no other source is providing funds to purchase services for this group in the private sector; stating that the recommended action does not require the expenditure of additional funds; and recommending that the City Manager be authorized to execute an amendment to the contract with Fort Worth Challenge, Inc., for drug treatment services. It was the consensus of the City Council that the recommendation be adopted. M&C C-12746 reThere was presented Mayor and Council Communication No. C-12746 from the City bond fund transfer Manager, as follows: Engineering Agree- ment with Teague SUBJECT: ENGINEERING AGREEMENT WITH TEAGUE NALL AND PERKINS FOR WATER AND Nall and Perkins SANITARY SEWER REPLACEMENTS IN BORDEN DRIVE, AVENUE J, HUTCHINSON for Water and AVENUE, RICKENBACKER PLACE AND N. NICHOLS STREET Sanitary Sewer Replacements II RECOMMENDATION: It is recommended that the City Council: . 1. Authorize a bond fund transfer in the amount of $36,770 from Special Assessments Fund GS94, Account No. 538070, Center No. 020940099050, Special Assessments Unspecified to Street Improvements Fund GS67, Account No. 531200, Center No. 060670220030, Water Replacement Borden, Ave. J, Hutchinson, Rickenbacker and N. Nichols; 2. Authorize a fund transfer in the amount of $700 from Water and Sewer Operating Fund PE45, Account No. 541200, Center No. 0609020 to Water Capital Improvement Fund PW53, Account No. 511070, Center No. 060530220030, Plan Review; and 3.' Authorize a fund transfer in the amount of $15,610* from Water and Sewer Operating Fund PE45, Account No. 541200, Center No. 0709020 to Sewer Capital Improvement Fund PS58, Account No. 531200, Center No. 070580220230, Sewer Replacement Borden, Avenue J. Hutchinson, Rickenbacker and N. Nichols; and * Includes $300 for Plan Review by the Water Department. 4. Authorize the City Manager to execute an engineering agreement with Teague Nall and Perkins for water and sanitary sewer replacements in Borden Drive, Avenue J, Hutchinson Avenue, Rickenbacker Place and N. Nichols for a fee not to exceed $52,080. RArvnpnim n The Transportation and Public Works Department desires to reconstruct streets at the following locations: Borden Drive, from Vickery to Willis Avenue J, from Beach to Vaughn Hutchinson Avenue, from Dewey to North RR Rickenbacker Place, from Stalcup to 820 N. Nichols, from Long to 38th Street The Water Department is requesting that water and/or sanitary sewer lines be replaced ahead of the Transportation and Public Works street reconstruction Minutes of City Council R-3 Page 211 .]III A.0ti TUESDAY, FEBRUARY 26, 1991 M&C C-12746 cont. projects. As these are small projects, it is recommended that one consultant be utilized to design these replacements. PROJECT NO.: PW53-060530220030 (GS67-060670220030) PS58-070580220230 COMPENSATION TO THE ENGINEER: The Engineer will be paid monthly on the basis of statements which will be verified as to accuracy and compliance with requirements of this contract by an officer of the Engineer. Payment for such statements will be subject to the certification of the Director of the Water Department or his authorized representative. The total amount of compensation shall not exceed $52,080. FINANCING: Water: Sufficient funds are available to transfer from Special Assessments Fund GS94, Account No. 538070, Center No. 020940099050, Special Assessments Unspecified. Upon approval and completion of Recommendation No. 1 in the amount of $36,770.00, sufficient funds will be available in Street Improvements Fund GS67, Account No. 531200, Center No. 060670220030, Water Replacement Borden, Ave. J, Hutchinson, Rickenbacker and N. Nichols. Expenditures will be made from Account No. 531200 (Consultant). Sufficient funds are available to transfer from Water and Sewer Operating Fund PE45, Account No. 541200, Center No. 0609020, Water Capital Project, Water Department. Upon approval and completion of Recommendation No. 2 in the amount of $700.00, sufficient funds will be available in Water Capital Improvement Fund PW53, Account No. 511070, Center No. 060530220030, Plan Review. Expenditures will be made from Account No. 511070 (Plan Review). Sewer: Sufficient funds are available to transfer from Water and Sewer Operating Fund PE45, Account No. 541200, Center No. 0709020, Sewer Capital Project, Sewer Department. Upon approval and completion of Recommendation No. 3 in the amount of $15,610.00, sufficient funds will be available in Sewer Capital Improvement Fund PS58, Center No. 070580220230, Sewer Replacement Borden, Avenue J, Hutchinson, Rickenbacker and N. Nichols. Expenditures will be made from Account Nos., Sewer; 531200 (Consultant) $15,310.00 511070 (Plan Review) 300.00 15,610.00 M&C C-12746 It was the consensus of the City Council that the recommendations, as contained in adopted Mayor and Council Communication No. C-12746, be adopted. Withdrew from It was the consensus of the City Council that Mayor and Council Communication agenda M&C C-1274 No. C-12747, Award of Contract to Greiner, Inc., to Conduct FAR Part 150 Noise Compatibility Studies for the City's Airports, be withdrawn from the agenda. M&C FP -2786 re There was presented Mayor and Council Communication No. FP -2786 from the City assessment paving Manager stating that the assessment paving of Phoenix Drive from Highway 80 to Doreen of Phoenix Drive has been completed in accordance with plans and specifications under Contract No. 18098 from Highway 80 to awarded to Walt Williams Construction, Inc., on September 18, 1990; and recommending Doreen.to Walt that the City Council accept as complete the assessment paving of Phoenix Drive from Williams Construc Highway 80 to Doreen; authorize final payment in the amount of $2,117.70 to Walt tion, Inc. Williams Construction, Inc.; and approve final assessment rolls and authorize issuance of certificates in evidence of special assessments levied against the abutting property owners of Phoenix Drive from Highway 80 to Doreen, with funds available in Street Improvements Fund GS67, Retainage Account No. 205000, Center No. 000670402100. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2787 re There was presented Mayor and Council Communication No. FP -2787 from the City assessment paving Manager stating that the assessment paving of Weiler Boulevard from Norma to of Weiler Boule- Meadowbrook has been completed in accordance with plans and specifications under vard from Norma Contract No. 17891 awarded to James W. Jackson, Inc., on May 8, 1990; and recommending to Meadowbrook that the City Council accept as complete the assessment paving of Weiler Boulevard from with James W. Norma to Meadowbrook; authorize final payment in the amount of $2,212.19 to James W. Jackson, Inc. Jackson, Inc.; and approve final assessment rolls and authorize issuance of certificates in evidence of the special assessments levied against the abutting property owners of Weiler Boulevard from Norma to Meadowbrook, with funds available in Street Improvements Fund GS67, Retainage Account No. 205000, Center No. 000670402330. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2788 re complete paving There was presented Mayor and Council Communication No. FP -2788 from the City of E1 Paso from Manager stating that E1 Paso Street Improvements from Pine Street to Railroad have been Pine Street to completed in accordance with plans and specifications under Contract No. 17798 awarded Railroad to Larry to Larry H. Jackson on February 20, 1990; and recommending that the City Council accept H. Jackson as complete the paving of E1 Paso Street Improvements from Pine Street to Railroad and authorize final payment in the amount of $3,299.75 to Larry H. Jackson, with funds available in Street Maintenance Fund GS93, Retainage Account No. 205000, Center No. 000930561010, and Contract No. CO17798. It was the consensus of the City Council that the recommendations be adopted. Minutes of City Council R-3 Page 212 lot'l,3 TUESDAY, FEBRUARY 26, 1991 M&C FP -2789 re There was presented Mayor and Council Communication No. FP -2789 from the City paving of Wichita Manager stating that the paving of Wichita Street at Joel East Road Intersection Street at Joel Improvements have been completed in accordance with plans and specifications under East Raod Intersec Contract No. 18012 awarded to Bick's Construction, Inc., on July 17, 1990; and tion improvements recommending that the City Council accept as complete the paving of Wichita Street at with Bick's Con- Joel East Road Intersection Improvements and authorize final payment in the amount of s truction, Inc. $3,545.48 to Bick's Construction, Inc., with funds available in Street Improvements Inc. Fund GS67, Retainage Account No. 205000, Center No. 000670391250. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2790 re There was presented Mayor and Council Communication No. FP -2790 from the City complete Alliance Manager stating that Alliance Airport Access Road (Heritage Parkway and Alliance Airport Access Road Boulevard) has been completed in accordance with plans and specifications under (Heritage Parkway Contract No. 17090 awarded to APAC-Texas, Inc., Texas Bitulithic Division, on May 9, and Alliance Bo ule 1989; and recommending that the City Council accept as complete Alliance Airport Access vard) with APAC- Road (Heritage Parkway and Alliance Boulevard) and authorize final payment in the Texas, Inc.,,Texas amount of $24,355.13 to APAC-Texas, Inc., Texas Bitulithic Division, with funds Bitulithic Division available in Grant Fund GR76, Retainage Account No. 205013, Center No. 000218600100; New Development Fund GS90, Retainage Account No. 205005, Center No. 000901360790; Street Light and Signals Fund GS89, Retainage Account No. 205002, Center No. 000890320770; and Alliance Airport Fund GC49, Account No. 205001, Center No. 000136114000. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2791 re There was presented Mayor and Council Communication No. FP -2791 from the City paving of Washing- Manager stating that the paving of Washington Avenue from Jessamine to Richmond has ton Avenue from been completed in accordance with plans and specifications under Contract No. 17538 Jessamine to awarded to Walt Williams Construction Company, Inc., on November 7, 1989; and Richmond to Walt recommending that the City Council accept as complete the paving of Washington Avenue Williams Cons tr uc- from Jessamine to Richmond; authorize final payment in the amount of $4,844.75 to Walt tion Company, Inc. Williams Construction Company, Inc.; and approve final assessment rolls and authorize the issuance of certificates in evidence of the special assessments levied against the abutting property owners of Washington Avenue from Jessamine to Richmond, with funds available in Street Maintenance Improvements Fund GS67, Retainage Account No. 205050, Center No. 000670401470; Grant Fund GR76, Retainage Account No. 205020, Center No. 000206080550; Fund GR76, Retainage Account No. 205020, Center No. 000206080350; and Contract No. CO17538. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2792 re There was presented Mayor and Council Communication No. FP -2792 from the City complete HMAC Re- Manager stating that HMAC Resurfacing (90-2) Street Improvements have been completed in surfacing street accordance with plans and specifications under Contract No. 17843 awarded to Austin improvements to Paving Company on April 24, 1990; and recommending that the City Council accept as Austin Paving complete HMAC Resurfacing (90-2) Street Improvements and authorize final payment in the Company amount of $3,046.15 to Austin Paving Company, with funds available in Contract Street Maintenance Fund GS93, Retainage Account Nos. 205029 and 205000, Center No. 000930521290. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2793 re There was presented Mayor and Council Communication No. FP -2793 from the City Withdrew from Manager stating that Alliance Airport Street and Storm Drain Improvements agenda (Keller -Haslet and Heritage) have been completed in accordance with plans and specifications under Contract No. 16916 awarded to Orval hall Excavation Company and Concho Construction on January 17, 1989; and recommending that the City Council accept as complete Alliance Airport Street and Storm Drain Improvements (Keller -Haslet and Heritage) and authorize final payment in the amount of $10,885.22 to Orvall Hall Excavating Company and Concho Construction, with funds available in New Development Fund GS90, Retainage Account No. 205004, Center No. 000901360600, and Street Lights and Signals Fund GS89, Retainage Account No. 205001, Center No. 000890320670. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2794 re There was presented Mayor and Council Communication No. FP -2794 from the City complete Long Manager stating that Long Avenue at FW & D RR Overpass Concrete Lined Channel Avenue at FW & D RF Replacement has been completed in accordance with plans and specifications under Overpass Concrete Contract No. 17844 awarded to Dickie Carr Paving, Inc., on April 3, 1990; and Lined Channel l Re- recommending that the City Council accept as complete Long Avenue at FW & D RR Overpass placement to Concrete Lined Channel Replacement and authorize final payment in the amount of Dickie Carr Paving $1,396.04 to Dickie Carr Paving, Inc., with funds available in Street Improvements Inc. Fund GS67, Retainage Account No. 205000, Center No. 000670288720, and Contract No. CO17844. It was the consensus of the City Council that the recommendations be adopted. Public Hearing - It appearing to the City Council that a public hearing was scheduled for today Tax Abatement concerning designation of the Fort Worth Tax Abatement Reinvestment Zone No. 4 and that M&C G-9055 notice of the public hearing was published in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, as required by state law. Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Ann Dively Mrs. Ann Dively, representing the City Manager's Office, appeared before the City re Tax Abatement Council and advised the City Council that the purpose of today's public hearing is to M&C G-9055 receive comments regarding the proposed designation of an area at the northwest corner of Rosedale and St. Louis as the Fort Worth Tax Abatement Reinvestment Zone No. 4; stating that the tax abatement can be granted only to projects located within designated reinvestment zones and action on the proposed reinvestment zone must occur Minutes of City Council R-3 Page 213 TUESDAY, FEBRUARY 26, 1991 M&C G-9055 cont. before City Council can consider a�proposed tax abatement agreement with Hamstra Builders for the site of the Veterans Administration Out Patient Clinic; and called attention of the City Council to Mayor and Council Communication No. G-9055, as follows: SUBJECT: PUBLIC HEARING AND ORDINANCE DESIGNATING THE FORT WORTH TAX ABATEMENT REINVESTMENT ZONE NO. 4 RECOMMENDATION: It is recommended that the City Council take the following action: 1. Hold a public hearing concerning designation of the Fort Worth Tax Abatement Reinvestment Zone No. 4; and 2. Adopt the attached ordinance which designates the Fort Worth Tax Abatement Reinvestment Zone No. 4 pursuant to Texas Property Redevelopment and Tax Abatement Act, Tax Code, Sections 312.001 through 312.209, as amended. nT,zr.ilSgTnN- Consideration of this issue as a part of today's agenda serves as a public hearing on the designation of a reinvestment zone as required by the Property Redevelopment and Tax Abatement Act. Notice of this public hearing was published in the newspaper and delivered to the presiding officer of the governing body of each affected taxing unit at least 7 days prior to this meeting as required by state law. The proposed area meets the criteria for the designation of a reinvestment zone, as required by the Tax Code, in that the area is reasonably likely, as a result of the designation, to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the city. In addition, the improvements sought in the zone are feasible and practical and would be a benefit to the land to be included in the zone and to the city after any tax abatement agreements which may be entered in accordance with state law have expired. The designation of a reinvestment zone expires after 5 years and may be renewed for periods not to exceed 5 years. The Code requires a city to designate a zone prior to entering into tax abatement. Mr. Ed Moore re Mr. Ed Moore, 616 Westwood Avenue, President of the Tax Payers Association of M&C G-9055 Tarrant County, appeared before the City Council and expressed opposition to tax abatements ,in general and advised the City Council that, in his opinion, the City should not subsidize businesses that do not need subsidizing. Council Member Chappell advised Mr. Moore that there will be no abatement unless certain criteria is met and stated that the money will not be going to Hamstra Builders but will be used for improvements and enhancements to the property. There being no one else desiring to be heard in connection with the designation of the Fort Worth Tax Abatement Reinvestment Zone No. 4, Council Member Chappell made a motion, seconded by Council Member Webber, that the hearing be closed and that an ordinance be adopted designating the Fort Worth Tax Abatement Reinvestment Zone No. 4. 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: Council Member Meadows ABSENT: None Introduced an Council Member Chappell introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Webber. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Webber, and Chappell NOES: Council Member Meadows ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10798 10798 AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY DESIGNATING A CERTAIN AREA NORTH OF ROSEDALE STREET AND WEST OF ST. LOUIS AS THE FORT WORTH TAX ABATEMENT REINVESTMENT ZONE NO. 4; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of City Council R-3 Page 214 TUESDAY, FEBRUARY 26, 1991 Ordinance No. WHEREAS, the City Council of the City of Fort Worth, Texas ("City"), 10798 cont. desires to promote the development or redevelopment of a certain contiguous geographic area within its jurisdiction by the creation of a reinvestment zoning for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, V.T.C.A., Tax Code, Chapter 312, as amended; and WHEREAS, the City Council has elected by City Resolution No. 1401 to become eligible to participate in tax abatement; and WHEREAS, the Property Redevelopment and Tax Abatement Act further provides that property within a reinvestment zone may be eligible for, inter alia, commercial/industrial tax abatement, subject to the governing body of the municipality establishing by resolution the requirements for such eligibility and entering into a written tax abatement agreement with the owners of taxable real property that is located in the reinvestment zone; and WHEREAS, a public hearing in a regularly scheduled meeting before the City Council was held at 10:00 a.m. on the 26th day of February, 1991, such date being at least seven (7) days after the date of publication of the notice of such public hearing as required by the Tax Code; and WHEREAS, notice of the public hearing was delivered to the presiding officer of the governing body of each affected taxing unit at least seven (7) days before the date of the public hearing; and WHEREAS, the City, at such hearing, invited all interested persons or their representatives to appear and speak for or against the creation of the proposed reinvestment zone, the boundaries of the proposed reinvestment zone, whether all or part of the territory described in this ordinance should be included in such proposed reinvestment zone, and the concept of tax abatement; NOW, THEREFORE, 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 its passage, and it is so ordained. It appearing to the City Council that the City Council scheduled a public hearing for today for final action regarding planned development site plan for Southside Addition, Block 10, Lot 2-R, West Seminary and Hemphill Street. Mayor Bolen asked if there was anyone present desiring to be heard. M&C PZ -1606 re Attention of the City Council was called to Mayor and Council Communication Planned Develop- No. PZ -1606 from the City Manager, as follows: ment Site Plan Southside Addition SUBJECT: PLANNED DEVELOPMENT SITE PLAN: SOUTHSIDE ADDITION, BLOCK 10, LOT 2-R, WEST SEMINARY AT HEMPHILL STREET (PDSP-91-1) RECOMMENDATION: It is recommended that the City Council adopt the site plan (a copy is attached) proposed for property located in the Southside Addition, Block 10, Lot 2-R, located on the southwest corner of West Seminary and Hemphill Street. DISCUSSION: Phillips 66 has submitted a rezoning request (Z-90-124) for a "PD/SU" Planned Development/Specific Use for the construction of a retail sales facility with gasoline sales and a car wash. This request was approved by the City Council on December 11, 1990. The Planned Development District (Section 2-H) of the City Zoning Ordinance requires that a site plan be submitted for review and recommendation by the Plan Commission prior to being presented to the City Council in public hearing for final action. The subject site plan (PDSP-91-1), was recommended for approval by the Plan Commission on January 30, 1991. A public hearing by the City Council has been scheduled for February 26, 1991. The notice of the scheduled hearing was mailed February 7, 1991. Mr. Jerry Brantley Mr. Jerry Brantley, 901 East 18th, Plano, Texas, representing Phillips 66, re M&C PZ -1606 appeared before the City Council and requested that the City Council give favorable consideration for the Planned Development Site Plan for Southside Addition, Block 10, Lot 2-R, West Seminary at Hemphill Street. Minutes of City Council R-3 Page 215 Z1 6 M&C PZ -1606 cont. Met in closed or executive session Reconvened into regular session Adjourned TUESDAY, FEBRUARY 26, 1991 There being no one else present desiring to be heard in connection with the public hearing for the Planned Development Site Plan for property located in the Southside Addition, Block 10, Lot 2-R, Council Member Chappell made a motion, seconded by Council Member Gilley, that the hearing be closed and that the site plan be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. 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 pending or contemplated litigation, as follows: (a) American Airlines versus Tarrant Appraisal District et al; and (b) Litigation arising out of development in City View as authorized by Section 2(e), Article 6252-17, V.A.C.S., the Texas Open Meeting Act. The City Council reconvened into regular session with all members present. There being no further business, the meeti CITY SECRETARY Minutes of City Council R-3 Page 216