HomeMy WebLinkAbout1991/03/14-Minutes-City Council;ouncil Met
embers Present
nvocation
ledgeof Allegianc
inutes of March 5
991 approved
orking Mother
ward presented to
s. Sandra Gonzales
onorary Citizen -
hip certificate
resented to Major
.J. Toner and
ieutenant Colonel
.W. Kerr of Royal
anadian Air
usic from the Blac
aven Pipe Band
ithdrew M&C P-
799 and C-12760
rom consent agenda
ithdrew M&C P-4792
rom consent agenda
onsent agenda
pproved as amended
ominated Mr.
enneth McKinney on
he Historic and
ultural Landmark
ommission
CITY COUNCIL MEETING
MARCH 14, 1991
On the 14th day of March, A.D., 1991, the City Council of the City of Fort Worth,
Texas, met in regular session, with the following members and officers present, to -wit:
Mayor Bob Bolen; Mayor Pro tempore William N. Garrison; Council Members Louis J.
Zapata, Kay Granger, Eugene McCray, Bill Meadows, and David Chappell; City Manager
David Ivory; City Attorney Wade Adkins; City Secretary Ruth Howard; Council Members
Garey W. Gilley temporarily absent and Council Member Virginia Nell Webber absent; with
more than a quorum present, at which time the following business was transacted:
The invocation was given by Ruth Howard, City Secretary.
The Pledge of Allegiance was recited.
On motion of Mayor Pro tempore Garrison, seconded by Council Member
Meadows, the minutes of the meeting of March 5, 1991, were approved.
Ms. Sandra Gonzales, Director of Housing and Human Services Department, received
the Working Mother magazine award.
Honorary citizenship certificates were presented to Major C.J. Toner and
Lieutenant Colonel J.W. Kerr of the Royal Canadian Air Force.
The Black Raven Pipe Band from Dublin, Ireland, presented a musical greeting from
the Mayor of Dublin for St. Patrick's Day.
City Manager Ivory requested that Mayor and Council Communication Nos. P-4799 and
C-12760 be withdrawn from the consent agenda.
. Council Member Chappell requested that Mayor and Council Communication No. P-4792
be withdrawn from the consent agenda.
On motion of Mayor Pro tempore Garrison, seconded by Council Member McCray, the
consent agenda, as amended, was approved.
Council Member Chappell nominated Mr. Kenneth McKinney for membership on the
Historic and Cultural Landmark Commission and made a motion, seconded by Council Member
Meadows, that Mr. Kenneth McKinney be appointed to Place 9 on the Historic and Cultural
Landmark Commission for a term of office expiring October 1, 1991, and, when the motion
was put to a vote by the Mayor, it prevailed unanimously.
Minutes of City Council R-3 Page 246
x,.17
THURSDAY, MARCH 14, 1991
Ms. Mollie
Lasater
Mrs. Mollie Lasater, Head of the I Have A Dream Program, appeared before the
City
re support
of
Council and expressed support of House Bill 326 which supports students who are at
risk
House Bill
326
at dropping out of school to remain in school, graduate, and seek a college education.
Introduced
a
Council Member Chappell introduced a resolution and made a motion that
it be
Resolution
adopted. The motion was seconded by Council Member McCray. The motion, carrying
with
it the adoption of said resolution, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata,
Granger, McCray, Meadows, and Chappell
NOES: None
ABSENT: Council Members Gilley and Webber
The resolution, as adopted, is as follows:
Resolution No. RESOLUTION NO. 1708
1708
RESOLUTION IN SUPPORT OF HOUSE BILL 326
WHEREAS, I Have a Dream Foundation -Fort Worth was created to address the
problem of youth dropping out of school and the first class of sixth grade
"Dreamers" was adopted in August of 1988 in order that these students might
have an opportunity to graduate from high school and go to college; and,
WHEREAS, during the 1990-91 school year 180 students from four schools
are involved in the I Have a Dream project in Fort Worth; and,
WHEREAS, House Bill 326 in the Texas Legislature addresses the critical
problem of the massive school dropout rate in Texas; and,
WHEREAS, House Bill 326 will assist students at elementary or secondary
schools in receiving skills assessment, tutoring, academic and personal
counseling.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fort
Worth, Texas:
That the Fort Worth City Council urges the Texas Legislature to pass
House Bill 326 which supports students who are at risk of dropping out of
school to remain in school, graduate, and seek a college education.
Introduced a Council Member Zapata introduced a resolution and made a motion that it be adopted.
Resolution The motion was seconded by Council Member Granger. The motion, carrying with it the
adoption of said resolution, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata,
Granger, McCray, Meadows, and Chappell
NOES: None
ABSENT: Council Members Gi1Jey and Webber
The resolution, as adopted, is as follows:
Resolution No.
RESOLUTION NO. 1709
1709 IN SUPPORT OF RETENTION
OF CARSWELL AIR FORCE BASE
WHEREAS, Fort Worth and Carswell Air Force Base have a 50 year heritage
of excellent working relationships beginning in 1942 when Fort Worth citizens
acquired land for the base, and
WHEREAS, the citizens of Fort Worth continue to have utmost respect and
support for Carswell, its military missions, and the military family, and
WHEREAS, we have learned that Carswell has the capacity, size,
infrastructural support and strategic geographic location to take on expanded
and new missions, and
WHEREAS, Fort Worth has invested in vast utility, transportation,
educational and other community infrastructure to support current and
expanded missions, and
WHEREAS, the industrial and overall economic diversity of the Fort
Worth/Dallas Area afford excellent flexibility for servicing expanded
missions, military surge needs and other special needs of today's high
technology defense systems, and
WHEREAS, the City of Fort Worth has implemented and will continue to
implement land use, zoning, and open space preservation tools to assure that
the land use of Fort Worth remains compatible with current and future
Carswell missions, and
Minutes of City Council R-3 Page 247
owl ``•
THURSDAY, MARCH 14, 1991
WHEREAS, Fort Worth citizens from all walks of life have pledged to
Resolution No. continue to appreciate the Air Force operations as a welcome and necessary
1709 cont. part of their lives,
THEREFORE BE IT RESOLVED THAT, the City Council of Fort Worth will
continue to implement land use planning and other regulatory tools to assure
that the City, and specifically the areas surrounding Carswell, remain
compatible with present and expanded Air Force operations, and
The City Council hereby officially requests that the Department of
Defense retain current missions and allocate new and expanded active missions
to Carswell Air Force Base including its "total force" concepts, "composite
wing" concept or other multi -mission roles defined by the Department of
Defense and that the Department of Defense include and expanded Carswell
operation in its long range defense planning.
M&C OCS-254 re There was presented Mayor and Council Communication No. OCS-254 from the Office of
Cancellation of the City Secretary recommending that the City Council authorize the cancellation of a
Liability Bond liability bond, with cancellation remaining in full force and effect for all work
performed prior to date of cancellation, as follows:
CANCELLATION
PARKWAY CONTRACTORS BOND CANCELLATION DATE INSURANCE COMPANY
W.H. Braum, Inc. March 5, 1991 National American
Insurance Company
M&C OCS-254 adopte4 It was the consensus of the City Council that the recommendation be adopted.
M&C OCS-255 re
There was presented Mayor
and Council Communication No. OCS-255 from the Office of
Claims
the City Secretary recommending
that the City Council refer notices of claims regarding
alleged damages and/or injuries
to the Risk Management Department, as follows:
Joseph L. Burns
1. Claimant:
Joseph L. Burns
Date Received:
March 1, 1991
Date of Incident:
January 3, 1991
Location of Incident:
Vickery & I35 Bridge Westbound
Estimate of Damages/
Injuries:
$243.20 - $243.58
Nature of Incident:
Claimant alleges damages as result of sand
and gravel from sanding truck striking
vehicle windshield.
Rebecca Paredes
2. Claimant:
Rebecca Paredes
Date Received:
March 4, 1991
Date of Incident:
September 7, 1990
Location of Incident:
800 Nashville Avenue
Attorney:
Eloy Sepulveda
Estimate of Damages/
Injuries:
$100,000.00
Nature of Incident:
Claimant alleges injuries, unlawful arrest
and violation of privacy by Fort Worth Police
personnel.
Leslie Howard
3. Claimant:
Leslie Howard Echols, Jr.
Echols, Jr.
Date Received:
March 4, 1991
Date of Incident:
February 22, 1990
Location of Incident:
I30 on W. Frwy. Betw. Forest Park & Cherry
Estimate of Damages/
Injuries:
$729.77 - $802.29
Nature of Incident:
Claimant alleges damages to vehicle as the
result of debris from a tire blown out on a
City -owned vehicle hitting his vehicle.
John Clifford
4. Claimant:
John Clifford Russell
Russell
Date Received:
March 5, 1991
Date of Incident:
Undeclared
Location of Incident:
2504 NE 28th
Estimate of Damages/
Injuries:
$536.33 - $667.24
Nature of Incident:
Claimant alleges damages to vehicle as the
result of being towed and impounded.
Joan Ellen Richard
5. Claimant:
Joan Ellen Richardson
son
Date Received:
March 5, 1991
Date of Incident:
Week of February 17-22
Location of Incident:
3916 Collin Street
Estimate of Damages/
Injuries:
Undeclared
Nature of Incident:
Claimant alleges damages as the result of
stopped up drain.
Minutes of City Council R-3 Page 248
THURSDAY, MARCH 14, 1991
DISC11SSTDN-
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.
Minutes of City Council R-3 Page 249
6. Claimant:
Kenneth C. Burns
enneth C. Burns
Date Received:
March 5, 1991
Date of Incident:
February 18, 1991
Location of Incident:
1425 Eastview Street
Estimate of Damages/
Injuries:
$288.39
Nature of Incident:
Claimant alleges damages to his home as the
result of sanitary sewer line backing up.
eorge E. Jackson,
7. Claimant:
George E. Jackson, Jr.
r•
Date Received:
March 5, 1991
Date of Incident:
February 20, 1991
Location of Incident:
1000 S. Beach
Estimate of Damages/
Injuries:
$2,522.17
Nature of Incident:
Claimant seeks reimbursement for damages to
vehicle allegedly caused by open manhole.
avid Gary Mill-
8. Claimant:
David Gary Millhollon
olio n
Date Received:
March 6, 1991
Date of Incident:
February 13, 1991
Location of Incident:
2012 15th Avenue
Estimate of Damages/
Injuries:
$350.00 - $375.00
Nature of Incident:
Claimant alleges damages to vehicle as the
result of City crew spraying oil on the
street.
athy Sherry
9. Claimant:
Kathy Sherry Scriuner
cri uner
Date Received:
March 6, 1991
Date of Incident:
February 12th & 13th
Location of Incident:
1220 15th Avenue
Estimate of Damages/
Injuries:
$45.00 - $75.00
Nature of Incident:
Claimant alleges damages to vehicle as the
result of City crew spraying oil on the
street.
&C OCS-255 adopted
It was the consensus of the City
Council that the recommendation be adopted.
enefit Hearing
It appearing to the City
Council that the City Council on February 26, 1991,
continued the benefit hearing in
connection with the assessment paving of Martin Avenue
from Wichita Street to Shackleford
Street from day to day and time to time and
particularly to the regularly
-scheduled meeting of March 14, 1991, to give every
interested person or citizen
opportunity to be heard, Mayor Bolen asked if there was
anyone present desiring to be heard.
rs. Martha Lunday
Mrs. Martha Lunday, representing the Department of Transportation and Public
e BH -0045
Works, appeared before the City
Council and advised City Council that the staff report
was given previously on March
5, 1991, and that the hearing was continued until today
and called attention of the
City Council to Mayor and Council Communication
No. BH -0045, as follows:
enefit Hearing
SUBJECT: BENEFIT HEARING
FOR THE ASSESSMENT PAVING OF MARTIN AVENUE FROM
H-0045 Martin
WICHITA STREET TO
SHACKLEFORD STREET (PROJECT NO. 67-040240-00)
venue from Wichita
treet to Shackle-
RECOMMENDATION:
ord Street
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
excess of the amount assessed for the improvement of Martin Avenue from
Wichita Street to Shackleford
Street.
DISC11SSTDN-
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.
Minutes of City Council R-3 Page 249
THURSDAY, MARCH 14, 1991
BH -0045 cont.II 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.
BH -0045 cont. until Mrs. Lunday requested that the benefit hearing regarding the assessment paving of
March 26, 1991 Martin Avenue from Wichita Street to Shackleford Street be continued until March 26,
1991.
Mayor Pro tempore Garrison advised the City Council of his conflict of interest on
Mayor and Council Communication No. BH -0045 involving property owned by NCNB Texas
National Bank and disqualified himself from voting.
Council Member Chappell advised City Council of his credit card interest on NCNB
Texas National Bank.
Council Member Zapata made a motion, seconded by Council Member McCray, that the
hearing in connection with the assessment paving of Martin Avenue from Wichita Street
to Shackleford Street be continued from day to day and time to time and especially to
the regularly -scheduled meeting of March 26, 1991, to give every interested person or
citizen opportunity to be heard. When the motion was put to a vote by the Mayor, it
prevailed by the following vote:
AYES: Mayor Bolen; Council Members Zapata, Granger, McCray, Meadows,
and Chappell
NOES: None
ABSENT: Council Members Gilley and Webber
NOT VOTING: Mayor Pro tempore Garrison
&C G-9067 re There was presented Mayor and Council Communication No. G-9067 from the City
mprovements to Manager stating that the 1986 Capital Improvement Program approved in March 1986
xeter Street from included funds for improvement of Exeter Street from Vickery Boulevard to East Terrell.
ickery Boulevard Avenue; that the existing street consists of HMAC pavement in poor condition with some
o East Terrell curb and some gutter; that Community Development Block Grant Funds will provide a
venue portion of the construction cost; that the project is located in Council District 8;
that the total estimated cost of the proposed assessment is $117,700.00; stating that
financing for this project will be established at the time of the contract award; and
recommending that the City Council:
1. Declare the necessity for and order the improvements to Exeter Street
from Vickery Boulevard to East Terrell Avenue;
2. Authorize the assessment of a portion of the cost of the improvements to
Exeter Street 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 April 9, 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.
&C G-9067 adopted It was the consensus of the City Council that the recommendations be adopted.
&C G-9068 re There was presented Mayor and Council Communication No. G-9068 from the City
and Fund Transfer Manager stating that the City Council approved Community Facilities Contract No. 16383
on April 5, 1988, by Mayor and Council Communication No. C-10897 with White Settlement
West/Teslin Master Joint Venture, acting through Redwood Properties, Inc., Managing
Venturer, Charles F. Stark, Vice President, and Teslin Investment Corporation, Joint
Venture, Arthur Tann, Attorney -in -Fact; that, in accordance with the terms of the
contract, as amended, City participation was limited to 34 percent of the cost of the
lift station minus the cost of the auxiliary power source; that, based on final project
Minutes of City Council R-3 Page 250
THURSDAY, MARCH 14, 1991
M&C G-9068 cont. cost, this amounted to $102,841.56; that the project is complete and reimbursement to
the developer per the CFA is required; and recommending that a bond fund transfer in
the amount of $102,842.00 be authorized from Sewer Capital Improvement Fund PS56,
Center No. 070560149010, Unspecified, to Sewer Capital Improvement Fund PS56, Center
No. 070560140070, Live Oak Creek Wastewater Collection Facilities, Section B, III, Lift
Station. It was the consensus of the City Council that the recommendation be adopted.
M&C G-9069 re There was presented Mayor and Council Communication No. G-9069 from the City
Revisions to 1991 Manager, as follows:
Legislative Progra
and Adoption of SUBJECT: REVISIONS TO 1991 LEGISLATIVE PROGRAM AND ADOPTION OF POLICY 19
Policy 19
RECOMMENDATION:
It is recommended that the City Council amend the City's 1991 Legislative
Program with the following changes:
(1) Move Policy No. 1 - Armor Piercing Ammunition from legislation sponsored
by the City to legislation supported by the City;
(2) Move Policy No. 5 - Effective Tax Rate from legislation sponsored by the
City to legislation supported by the City;
(3) Move Policy No. 6 - Change in Definition of. Inventory Under Property Tax
Code from legislation sponsored by the City to legislation supported by
the City;
(4) Move Policy No. 7 - Exemption of Garbage Collection from Sales Tax from
legislation sponsored by the City to legislation supported by the City;
(5) Move Policy No. 9 - Regulation of Sand and Gravel Mining from
legislation supported by the City to legislation sponsored by the City;
and
(6) Adopt the attached legislative policy proposal No. 19 - Changes to Fort
Worth Court of Record as part of the City of Fort Worth's 1991
Legislative Program.
DISCUSSION:
With the end of the regular filing deadline for bills now past, staff has
reassessed the City's legislative program and makes the above
recommendations.
Policy No. 1 is being moved to the support category as further research
indicates that passage of legislation is needed only for clarity in the Penal
Code. Current federal law makes it illegal for -armor -piercing ammunition to
be sold in the United States.
Policy No. 5 is moved to the support category as the Texas Municipal League
has introduced and will seek passage of a bill that will address the major
concerns of this policy.
Policies Nos. 6 and 7 are being moved to the support category because current
circumstances indicate that the potential for passage of these items is
remote and that the City's legislative efforts could more productively be
directed elsewhere.
Policy No. 9 is being moved to the City -sponsored legislation as it has
become clear that the primary municipal proponent of this bill is Fort Worth.
City staff is currently working closely with Representative Kim Brimer and
Senator Mike Moncrief on the passage of this legislation.
Policy No. 19 is recommended for adoption and allows staff to seek
legislation that will make two changes to the Fort Worth Court of Record.
The current Court of Record statute is written such that the City is limited
to hiring its municipal court judges from licensed attorneys that not only
have to have "two or more years of experience in the practice of law in this
state" but also must have two or more years law experience "in the county in
which the court is located". A newly hired municipal court judge also has to
"be a resident of the city at the time of the appointment".
Aside from the two years experience in the practice of law in the state, the
conditions imposed by the Court of Record statute limit the pool of
applicants for municipal court judge in Fort Worth. Legislation would be
filed that will amend the Court of Record statute to eliminate the
requirements regarding practicing law in the county as well requiring the
municipal judge to be a resident of the city at the time of the appointment..
In addition, the Court of Record statute does not allow for the City to
appeal a pretrial or posttrial order or ruling of a municipal court judge.
There is currently no procedure to conform conflicting orders or rulings by
different municipal court judges within the City. The only possible recourse
of the City by which it can challenge an incorrect, invalid, improper, or
even illegal order or ruling of a municipal court judge would be by filing a
Minutes of City Council R-3 Page 251
#,)r-9)
A.0v R.+
THURSDAY, MARCH 14, 1991
declaratory judgment suit or by seeking a writ of mandamus or prohibition.
M&C G-9069 cont. Legislation will be filed that will give the City of Fort Worth a limited
right of appeal to county court in the same manner and circumstances as the
State can appeal decisions of county and district courts. The limited right
of appeal would provide a direct, efficient means by which the City could
challenge adverse rulings or orders of the municipal courts.
The following provides a summary of the 1991 Legislative Program with the
adoption of the above changes and with the adoption of resolution by the City
Council that relate to pending legislation.
I. CITY -SPONSORED LEGISLATION
(The City will seek introduction and passage of this legislation)
2. ALTERED VEHICLE IDENTIFICATION NUMBERS
3. INSPECTION AND TITLING OF SALVAGED VEHICLES
4. RESTITUTION FOR CLEAN-UP OF ILLEGAL DRUG LABORATORIES
9. REGULATION OF SAND/GRAVEL MINING
19. CHANGES TO FORT WORTH COURT OF RECORD
II. LEGISLATION SUPPORTED BY CITY
(The City will support other cities in the passage of legislation)
1. ARMOR -PIERCING AMMUNITION
5. TAX RATE CALCULATION
6. DEFINITION OF INVENTORY UNDER STATE PROPERTY TAX CODE
7. EXEMPTION OF GARBAGE COLLECTION FROM SALES TAX
8. DEPOSITORY LAW
10. PAWN SHOP REGULATION
11. HANDGUN COOLING OFF PERIOD
12. JOINDER OF OFFENSES
16. T L CIVIL SERVICE AGENDA
17. SEXUAL ASSAULT AND DOMESTIC VIOLENCE LEGISLATION
18. ALCOHOLIC BEVERAGE CODE ZONING CHANGES
III. LEGISLATION OPPOSED BY CITY
13. HEART LUNG PRESUMPTION
IV. POLICY STATEM NTS
14. PRESERVATION OF THE INTERESTS OF THE CITY OF FORT WORTH
15. ENVIRONMENTAL POLICY STATEMENT
V. RESOLUTIONS
Resolution in opposition to legislation calling for the imposition and
collection of additional court costs for the State. (Adopted 3-5-91)
Resolution in support of House Bill 326 which helps address the critical
problem of the school dropout rate in Texas. (Presented for adoption
3-14-91)
City of Fort Worth Legislative Policy No. 19 is as follows:
RELATING TO AMENDING THE FORT WORTH COURT OF RECORD STATUTE.
I. BACKGROUND:
Under the Fort Worth Court of Record Statute which was passed in 1985, the
qualifications for municipal court judge are clearly outlined. The current
language requires that a municipal court judge be a licensed attorney in good
standing with two years of experience in the practice of law in this state
and in the county in which the court is located. In addition the judge must
be not only be a citizen of the United States of the state but must reside in
the city during the tenure of office as well as be a resident of the city at
the time of the appointment. In recent months as municipal court judges have
left the Fort Worth system, the qualifications outlined in the statute have
made it much more difficult to find qualified applicants. Changes in the
statute are needed to enhance the applicant pool for municipal court judges.
Minutes of City Council R-3 Page 252
X43
THURSDAY, MARCH 14, 1991
In addition, the Court of Record Statute imposes another barrier to the City.
M&C G-9069 cont. Under the statute, the City can not appeal a pretrial or posttrial order or
ruling of a municipal court judge. There is no procedure to conform
conflicting orders or rulings by the different municipal court judges. The
only possible recourse by which the City can challenge an incorrect, invalid,
improper, or even illegal order or ruling of a municipal court judge would be
by filing a declaratory judgement suit or by seeking a writ of mandamus or
prohibition. The statute needs to be changed to give the City, through the
City Attorney, a limited right to appeal.
II. POLICY
The City of Fort Worth will propose legislation to amend Section 30.144(c),
Government Code, eliminating from the qualifications of a municipal court
judge the requirements that the judge must have two or more years of
experience in the practice of law in the county in which the court is located
and must be a resident of the city at the time of the appointment. In
addition, the City of Fort Worth will propose legislation to amend
Section 30.153(a) of the Government Code, to give the City of Fort Worth a
limited right of appeal to county court in the same manner and circumstances
as the State can appeal decisions of county and district courts.
III. IMPACT
There would be no fiscal impact on the City of Fort Worth from the proposed
changes in the law regarding qualifications of municipal court judges.
Minutes of City Council R-3 Page 253
The costs associated with the changes allowing limited right to appeal would
relate to possible court costs in county court.
M&C G-9069 adopted
On motion of Mayor Pro tempore Garrison, seconded by Council Member Chappell, the
recommendations, as contained in Mayor and Council Communication No. G-9069, were
adopted.
M&C P-4786 re
There was presented Mayor and Council Communication No. P-4786 from the City
Purchase agreement
Manager submitting a tabulation of bids received for a purchase agreement to provide
to provide barri-
barricades and lights for the Water and Transportation and Public Works Departments;
cades and lights
stating that budgeted funds are sufficient to cover the anticipated expenditure; and
for the Water and
recommending that the purchase agreement be authorized with Cowtown Traffic Control,
Transportation
Inc., on its low unit prices of $23.42 each for barricades and $8.20 each for lights,
and Public Works
with the agreement to be effective upon date of authorization and expire one year later.
Department from
It was the consensus of the City Council that the recommendations be adopted.
Cewtown lCcaffiend
Centrel�uTner
There was presented Mayor and Council Communication No. P-4787 from the City
M&Cp1R:.#787 re
Manager submitting a tabulation of bids received for the purchase of barricade lights
purc�gse,of Oarri-
and boards for the Transportation and Public Works Department; stating that funds are
cAd a 114 h tsran d
available in General Fund GGO1, Center No. 0208001, Account Nos. 523010 and 522030; and
boards for the
recommending that the purchase be made from Lectric Lites and Teague Lumber Co., as
Transportation and
fol l ows:
Public Works De-
partment from
1. Letric Lites
Lectri c Lites and
2"x8"x8' Boards $ 3,990.00
Teague Lumber Com-
Barricade lights 12,150.00
p$ny,Y800.00
2. Teague Lumber Co.
Total amount not to exceed $16,940.00 net f.o.b. Fort Worth
M&C P-4787 adopted
It was the consensus of the City Council that the recommendation be adopted.
M&C P-4788 re
There was presented Mayor and Council Communication No. P-4788 from the City
annual maintenance
Manager stating that the Information Systems and Services Department, Word Processing
agreement for all
Division, requires sole source maintenance for the Lanier equipment; that all
harris Lanier word
maintenance agreements have been prorated in order that payment will run concurrently
processing equip--.
in one payment; stating that funds are available in General Fund GGO1, Center
men t from sole
No. 0045001, Account No. 536010; and recommending that the City Council authorize an
source vendor,
annual maintenance agreement for all Harris Lanier word processing equipment from sole
Syntrex, Inc.
source vendor, Syntrex, Inc., for an amount not to exceed $22,182.48, with term of
agreement to be effective from October 1, 1990, through September 30, 1991. It was the
consensus of the City Council that the recommendations be adopted.
M&C P-4789 re
There was presented Mayor and Council Communication No. P-4789 from the City
purchase agreement
Manager submitting a tabulation of bids received for a purchase agreement to include
to include all
all City departments for industrial gases; stating that budgeted funds are sufficient
City departments for
to cover the anticipated expenditure by the City departments participating in the
industrial gases
agreement; and recommending that the City Council authorize:
with Gas Technics
1. A purchase agreement to include all City departments for industrial
gases with Gas Technics on the low overall bid.of unit prices, as
follows:
ITEM DESCRIPTION AMOUNT BID
Acetylene, (4) $12.60/each
Acetylene, (5) $27.00/each
Minutes of City Council R-3 Page 253
THURSDAY, MARCH 14, 1991
h
M&C P-4789 cont.
M&C P-4789 adopted
M&C P-4790 re
purchase of one -
part continuous
blank stock DP -
0224 for Informa-
tion Systems and
Services Departmen
Data Processing
Division, from OEI
Business Forms
M&C P-4791 re
purchase agreement
with Reynolds As-
phalt & Constructi
Company, Austin Pa
ving Company, Go-
hmann Asphalt',
company, J.L. Ber-
tram Construction
Engineering, Inc.
and Apac-Texas, In
for hot mix/hot la
asphaltic,Dconcrete
&C P-4791 adopted
&C P-4792 re
urchase agreement
ith Koch Asphalt
ompany for emu-
sified asphalt
or All City depar
ents
&C P-4793 re
urchase agreement
ith Robertson
leet Equipment to
upply heavy duty
rake parts for
ity Services De-
artment
Oxygen, (251)
$ 3.24/each
Argon, (375)
$18.48/each
Nitrogen
$ 3.99/each
Argon (COD
$20.96/each
Compressed Air
$ 6.99/each
Demurrage Charges
$ 2.50/month
2. The agreement to begin the date of authorization by City Council and end
one year later, with option to renew for two additional years.
It was the consensus of the City Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. P-4790 from the City
Manager submitting a tabulation of bids received for the purchase of one -part
continuous blank stock DP -0224 for Information Systems and Services Department; stating
that funds are available in GGO1, Center No. 0042000, Account No. 533200; and
recommending that the purchase be made from OEI Business Forms on its low bid of
$4.67/m net, f.o.b. Fort Worth; with delivery to be made in three shipments, one
shipment every four months for an approximate total of 5,000,000 units +/- ten percent.
It was the consensus of the City Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. P-4791 from the City
Manager submitting a tabulation of bids received for a non-exclusive purchase agreement
for hot mix/hot lay asphaltic concrete for the City of Fort Worth; stating that
budgeted funds are sufficient to cover the anticipated expenditure by each department
n participating in the agreement; and recommending that the City Council authorize:
1. A non-exclusive purchase agreement with the following vendors for hot
mix/hot lay asphaltic concrete on the unit prices as shown, subject to:
1) Availability
2) Distance from job site to plant site (crew time)
3) Material unit price
based on unit prices from the following bidders:
1) Reynolds Asphalt & Construction Company
2) Austin Paving Company
3) Gohmann Asphalt Company
4) J.L. Bertram Construction & Engineering, Inc.
5) Apac-Texas, Fort Worth Division
2. All City departments to participate in the agreement; if needed; and
3. The agreement to be effective April 11, 1991, through April 10, 1992.
It was the consensus of the City Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. P-4792 from the City
Manager submitting a quotation received for a purchase agreement to provide emulsified
asphalt for all City departments; stating that budgeted funds are sufficient to cover
the anticipated expenditure by each department participating in the agreement; and
recommending that a purchase agreement be authorized with Koch Asphalt Company on its
quotation of $0.6211 per gallon net, f.o.b. Fort Worth, effective April 10, 1991,
through April 10, 1992.
Council Member Chappell informed City Council that he had spoken with City
Attorney Adkins and that he does not have a conflict of interest with voting on Mayor
and Council Communication No. P-4792 involving Koch Asphalt Company.
Council Member Granger made a motion, seconded by Council Member Chappell, that
the recommendation, as contained in Mayor and Council Communication No. P-4792, be
adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously.
There was presented Mayor and Council Communication No. P-4793 from the City
Manager stating that the City Council authorized a purchase agreement with Robertson
Fleet Equipment for heavy duty brake parts for the City Services Department on
April 24, 1990, by Mayor and Council Communication No. P-1201; that the agreement
period was for one year with option to renew for one additional year; that Robertson
Fleet has agreed to hold the quoted discounts for an additional year and the City
Services Department, Equipment Services Division, has requested that the option to
renew be exercised; stating that budgeted funds are sufficient to cover the anticipated
expenditure by the department participating in the agreement; and recommending that the
City Council authorize:
1. The option to renew a purchase agreement with Robertson Fleet Equipment
to supply heavy duty brake parts to the City Services Department on the
following discounts:
ITEM DESCRIPTION
1. Brake blocks and linings
2. Brake shoe castings
DISCOUNT
Distributor list price less 60%
Distributor list price less 63%
Minutes of City Council R-3 Page 254
THURSDAY, MARCH 14, 1991
9. Wedge brake parts 1. Distributor list price less 63%
10. Unspecified brake parts,cam Distributor list price less 63%
shafts, spring kits, air
brake dryers, holddown kits
wedges, studs, clamps, hulls,
rivets, slack adjusters, etc..
11. Brake fluid #44, 1 gallon $6.65
12. Brake fluid #42 $1.79
13. Brake parts cleaner Berryman
22 oz. #1420 $2.20
14. Brake system alcohol #294028
quarts - $1.45
2. The agreement to begin April 24, 1991, and end one year later.
C P-4793 adopted It was the consensus of the City Council that the recommendations be adopted.
&C P-4794 re There was presented Mayor and Council Communication No. P-4794 from the City
urchase agreement Manager submitting a tabulation of bids received for a purchase agreement to provide
ith Browder Dis- oil and lubricants for the City Services Department; stating that budgeted funds are
ributing Company 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 Browder Distributing Company on the low bid of
unit prices, as follows:
DESCRIPTION UNIT PRICE
1. SAE 80W-90, Gear oil (mineral oil) in 55 gallon
3.
Brake Shoes
Distributor
list
price
less
60%
C P-4793 cont.
55 gallon drums
$
2.86/gal
3.
85W/40 MP or EP multigear oil in 55 gal. drums
$
2.86/gal
4.
4.
Brake drums
Distributor
list
price
less
60%
6.
5.
Brake chambers
Distributor
list
price
less
40%
7.
6.
Air compressors
Distributor
list
price
less
54.5%
9.
7.
New air valves
Distributor
list
price
less
54.5%
11.
8.
Remanufactured air valves
Distributor
list
price
less
54.5%
9. Wedge brake parts 1. Distributor list price less 63%
10. Unspecified brake parts,cam Distributor list price less 63%
shafts, spring kits, air
brake dryers, holddown kits
wedges, studs, clamps, hulls,
rivets, slack adjusters, etc..
11. Brake fluid #44, 1 gallon $6.65
12. Brake fluid #42 $1.79
13. Brake parts cleaner Berryman
22 oz. #1420 $2.20
14. Brake system alcohol #294028
quarts - $1.45
2. The agreement to begin April 24, 1991, and end one year later.
C P-4793 adopted It was the consensus of the City Council that the recommendations be adopted.
&C P-4794 re There was presented Mayor and Council Communication No. P-4794 from the City
urchase agreement Manager submitting a tabulation of bids received for a purchase agreement to provide
ith Browder Dis- oil and lubricants for the City Services Department; stating that budgeted funds are
ributing Company 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 Browder Distributing Company on the low bid of
unit prices, as follows:
DESCRIPTION UNIT PRICE
1. SAE 80W-90, Gear oil (mineral oil) in 55 gallon
Net, f.o.b. Fort Worth.
2. All City departments to use this agreement, if needed; and
3. The agreement period to begin March 6, 1991, and end one year later with
option to renew for two additional years.
Minutes of City Council R-3 Page 255
drums
$
2.86/gal
2.
HDSAE 90, Gear oil (Mil -1-2105B API GL -4 Thru 6)
55 gallon drums
$
2.86/gal
3.
85W/40 MP or EP multigear oil in 55 gal. drums
$
2.86/gal
4.
NLGI #2 Lithium EP chassis grease in 400 lb drums
$
0.68/lb
5.
NLGI #2 Lithium EP chassis grease in 120 lb drums
$
0.729/lb
6.
GLGI #2 wheel bearing grease high Temp. in 5 lb
container
$
0.95/lb
7.
NLGI #00 chassis grease in 120 lb drums
$
4.16/lb
8.
SAE20W50-SG-CD-SF-CC engine oil in 55 gal drums
$
3.10/gal
9.
SAE15W40 multigrade engine oil in 55 gal drums
$
2.73/gal
10.
SAE 15W40 multigrade engine oil in 1 qt cans
$
0.97/qt
11.
303 Tractor hydraulic fluid in 55 gal drums
$
2.84/gal
12.
5-30W Hydraulic oil Hydra15 in 55 gal drums
$
3.01/gal
13.
R&O AW IS068 Hydraulic oil in 55 gal drums
$
1.93/gal
14.
DTE -13 Hydraulic oil in 55 gal drums
$
3.01/gal
15.
SAE 10 Engine oil in 55 gal drums
$
2.50/gal
16.
SAE 30 Engine Oil in 1 quart cans
$
0.94/quart
17.
SAE 30 Engine oil in 55 gal drums
$
2.58/gal
18.
SAE 50 HD Engine oil in 55 gal drums
$
3.02/gal
19.
SAE 30 Non -detergent oil in quart cans
$
0.72/quart
20.
SAE 40 Non -detergent oil in 55 gal drums
$
2.01/gal
21.
Dextron II transmission fluid in 55 gal drums
$
2.89/gal
22.
Dextron II transmission fluid in 1 quart cans
$
0.95/quart
23.
Albavis 1OWT Hydraulic oil in 55 gal drum
$
2.08/gal
24.
303 Tractor hydraulic oil in bulk
$
2.58/gal
25.
SAE 30 Engine oil in bulk
$
2.33/gal
26.
Unspecified oils and lubricants will be sold to
the City at Distributors net price less 15% discount.
27.
Returnable drum deposit
$20.00/each
Net, f.o.b. Fort Worth.
2. All City departments to use this agreement, if needed; and
3. The agreement period to begin March 6, 1991, and end one year later with
option to renew for two additional years.
Minutes of City Council R-3 Page 255
THURSDAY, MARCH 14, 1991
M&C P-4794 cont. 11 It was the consensus of the City Council that the recommendations be adopted.
M&C P-4795 re There was presented Mayor and Council Communication No. P-4795 from the City
purchase agreement Manager submitting a tabulation of bids received for purchase agreements to supply
to supply automo- automotive parts and supplies for the City Services Department; stating that budgeted
tive parts and funds are sufficient to cover the anticipated expenditures by the department
supplies participating in the agreement; and recommending that the City Council authorize:
1. The purchase agreements with the following vendors to supply automotive
parts and supplies to the City Services Department on the following low
bid per category:
VENDOR
Robertson Fleet
Fort Worth, TX
CATEGORY
Category I
Engine block parts
Carquest Auto Parts Category II
Fort Worth, TX Ignition parts
Category IV
Hoses and belts
DISCOUNT
Jobber net price less 12 1/2%
Jobber net price less 20%
Jobber net price less 26% on
fuel and vacuum hose less 21%
on radiator, power steering
and emission hoses
Category V Jobber net price less 20% on
Cooling system water pumps and radiator
parts caps, less 30% on thermo-
stats.
Dick Smith, Inc. Category III Jobber net price less 25% on
Fort Worth, TX Spark plugs Champion, less 26% on AC and
Motorcraft and less 15% on
N.G.K. spark plugs.
Category VI Jobber net price less 2% on
Fuel system parts carburetors, 13% on fuel
pumps and caps and unspeci-
fied less 21%.
Category VII Jobber net price less 39% on
Headlamps, bulbs headlamps and 36% on bulbs.
and fuses
Category X Jobber net price less 20%
Wiper blades and
refills
Category XI Jobber net price less 13%
Mirrors and
brackets
Category XII Jobber net price less 20%
Mud flaps
Harlow Filter Category VIII Jobber net price less 48%
Supply Filters
Dallas, TX
Chandler's Auto Category IX Jobber net price less 10% on
Parts Warehouse Suspension, shocks, less 15% on ball
Fort Worth, TX steering and power joints, less 20% on U -joints,
train parts less 10% on yokes.
Unspecified steering and
power train parts will be
sold at Jobber net prices
less 20%.
2. The agreement to begin March 8, 1991, and end one year later, with two
additional one-year options to renew.
M&C P-4795 adopted It was the consensus of the City Council that the recommendations be adopted.
M&C P-4796 re There was presented Mayor and Council Communication No. P-4796 from the City
agreement to pro- Manager submitting a tabulation of bids received for an annual agreement to provide
vide prefabricated prefabricated concrete vaults for the Water Department; stating that purchases will be
concrete vaults charged to Water and Sewer Operating Fund PE45, Subsidiary Account No. 141279, Center
No. 0000000; and recommending that an annual agreement be authorized with Ferguson
Enterprises, Inc., on its low bid of $543.00 each, net, f.o.b. Fort Worth, with term of
agreement to become effective on date of authorization by City Council and end one year
later. It was the consensus of the City Council that the recommendations be adopted.
M&C P-4797 re There was presented Mayor and Council Communication No. P-4797 from the City
purchase agreement Manager submitting a quotation received for a purchase agreement for White Superior
for White Superior engine manufacturer's genuine replacement parts for the Water Department; stating that
engine manufac- --
turer's genuine re-
placement parts
Minutes of City Council R-3 Page 256
THURSDAY, MARCH 14, 1991
&C P-4797 cont. budgeted funds are sufficient to cover the anticipated expenditure by the department;
and recommending that the purchase agreement be authorized with Cooper Energy Services
Group, sole source, on its quotation of unit prices at dealer's list price, f.o.b.
shipping point, to be prepaid and freight added to the invoices, with term of agreement
to begin April 24, 1991, and expire April 23, 1992, with one additional year option to
renew. It was the consensus of the City Council that the recommendations be adopted.
M&C P-4798 re There was presented Mayor and Council Communication No. P-4798 from the City
purchase of D-5 and Manager submitting a tabulation of bids received for the purchase of D-5 and B-100
B-100 tapping ma- tapping machines for the Water Department; stating that purchases will be charged to
chines Water and Sewer Operating Fund PE45, Inventory Subsidiary Account No. 141279, Center
No. 0000000; and recommending that the purchase be made from 0 & R Utilities, Inc., for
the Water Department on low bid of $10,587.12 net, f.o.b. Fort Worth. It was the
consensus of the City Council that the recommendation be adopted.
M&C P-4799 re There was presented Mayor and Council Communication No. P-4799 from the City
purchase of one- Manager submitting a tabulation of bids received for the purchase of one -inch copper
inch copper tubing tubing for the Water Department; stating that purchases will be charged to Water and
Sewer Operating Fund PE45, Inventory Subsidiary Account No. 141279, Center No. 0000000;
and recommending that the purchase be made from Ferguson/Universal on its low bid of
$27,860.40 net, f.o.b. Fort Worth.
City Manager Ivory advised City Council that the second line of the Recommendation
on Mayor and Council Communication No. P-4799 should be amended to read $27,860.40.
Council Member Granger made a motion, seconded by Council Member Meadows, that
Mayor and Council Communication No. P-4799 be approved, as amended. When the motion
was put to a vote by the Mayor, it prevailed unanimously.
M&C P-4800 re There was presented Mayor and Council Communication No. P-4800 from the City
purchase of en- Manager submitting a tabulation of bids received for the purchase of envelopes for the
velopes Water Department; stating that funds are available in Water and Sewer Operating
Fund PE45, Center No. 0604003, Center No. 0704003, Account No. 533040; and recommending
that the purchase be made from Love Envelopes on its low bid of $12,140.35 net, f.o.b.
Fort Worth. It was the consensus of the City Council that the recommendation be
adopted.
M&C P-4801 re There was presented Mayor and Council Communication No. P-4801 from the City
six-month lease Manager submitting a tabulation of bids received for a six-month lease of a track
of track loader loader for the Water Department; stating that funds are available in Water and Sewer
Operating Fund PE45, Center No. 0705002, Account No. 537100; and recommending that the
lease be authorized with Mega Equipment Company on its low bid not to exceed $32,400.00
net, f.o.b. Fort Worth. It was the consensus of the City Council that the
recommendation be adopted.
M&C P-4802 re
There was presented Mayor and Council Communication No. P-4804 from the City
There was presented Mayor and Council
Communication No. P-4802 from•the City
purchase of two
Manager submitting a quotation received for the purchase of two Carbon Rotodip Feeders
Carbon Rotodip
for
the Water Department; and recommending
that the City Council authorize a fund
Feeders
transfer in the amount of $18,150.00 from Water
Capital Improvement Fund PW53, Center.
funds; that service has been good, and the vendor agrees to hold prices firm for
No.
060530159010, Unspecified, to Water
Capital Improvement Fund PW53, Center
Nos. 0353200, 0354000, 0354100, 0354200, 0355000, 0355100, 0355200, and 0356500,
No.
060530171730, Carbon Rotodip Feeders; and
authorize purchase from Leeds & Northrup
1. Exercising the first of two one-year options to renew a purchase
c/o
Hastik & Associates, Inc., on quotation
of $18,500.00 net, f.o.b. Fort Worth. It
with Ladd Uniform Company, based on unit prices, as follows: .
was
the consensus of the City Council that the
recommendation be adopted.
There was presented Mayor and Council Communication No. P-4803 from the City
M&C P-4803 re Manager submitting a tabulation of bids received for the purchase of meter coupling
purchase of meter nipples for the Water Department; stating that purchases will be charged to Water and
coupling nipples Sewer Operating Fund PE45, Inventory Subsidiary Account No. 141279, Center No. 0000000;
and recommending that the purchase be made from Bowles & Eden Equipment Company on its
low bid of $6,507.00 net, f.o.b. Fort Worth. It was the consensus of the City Council
that the recommendation be adopted.
M&C P-4804 re
There was presented Mayor and Council Communication No. P-4804 from the City
purchase agreement
Manager stating that the City Council authorized a purchase agreement on December 19,
to provide uni -
1989, by Mayor and Council Communication No. P-3889 for police uniforms and accessories
forms and accessor
with Ladd Uniform Company; that the prices are honored for replacement items purchased
ies
by individuals from a clothing allowance as well as initial issue uniforms and
Men's
replacement of items destroyed in the line of duty, which are purchased from budgeted
$
funds; that service has been good, and the vendor agrees to hold prices firm for
each
another year; stating that funds are available in General Fund GGO1, Center
long sleeve shirts
Nos. 0353200, 0354000, 0354100, 0354200, 0355000, 0355100, 0355200, and 0356500,
35.75
Account No. 522120; and recommending that the City Council authorize:
Men's
1. Exercising the first of two one-year options to renew a purchase
$
agreement to provide uniforms and accessories for the Police Department
each
with Ladd Uniform Company, based on unit prices, as follows: .
DESCRIPTION AMOUNT
Men's
trousers
$
43.95
per pair
Women's
trousers
$
43.95
per pair
Men's
long sleeve shirts
$
35.75
each
Women's
long sleeve shirts
$
35.75
each
Men's
short sleeve shirts
$
31.50
each
Women's
short sleeve shirts
$
31.50
each
Minutes of City Council R-3 Page 257
THURSDAY, MARCH 14, 1991
&C P-4806 re
urchase of ma-
erials to make
epairs to wooden
oardwalk at Fort
orth Nature Cente
There was presented Mayor and Council Communication No. P-4806 from the City
Manager recommending that the City Council confirm the emergency purchase of materials
to make repairs to the wooden boardwalk at the Fort Worth Nature Center, as follows:
Teague Lumber
Chickasaw Lumber
Drill Stem, Inc.
Fort Worth Bolt & Tool
H R S Fasteners
$1,002.29
5,502.40
680.00
490.00
158.20
not to exceed 11&32.89
It was further stated that funds are available in Capital Projects Reserve Fund GC10,
Center No. 013010015000, Account No. 541320, Center No. 080010015000. It was the
consensus of the City Council that the recommendation be adopted.
&C L-10431 re There was presented Mayor and Council Communication No. L-10431 from the City
cquisition of lan Manager recommending that the City pay a total consideration of $422.00 for a
rectangular strip of land from the south property line of Lot 31, Denman's Subdivision
of Lots 15 through 20, Oaklawn Addition, as described in Volume 9775, Page 2232, Deed
Records, Tarrant County, Texas; same being on the north side of Martin Street, being
12.72 feet in width on the west end and 67.5 feet in length; located at 3237 Martin
Street; owned by Diana Valle; 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.
&C L-10432 re There was presented Mayor and Council Communication No. L-10432 from the City
cquisition of Manager recommending that the City pay a total consideration of $448.00 for a
and rectangularly -shaped strip of land out of Lot 7, Block 4, Texas and Pacific Railway
Company Addition, as recorded in Volume 5035, Page 892, Deed Records, Tarrant County,
Texas; same being located in the southwest corner of Lot 7, being eight feet in length
on the west and on the south side and 11.43 feet in length on its hypotenuse; located
at 1200 E1 Paso; owned by Collins Building Corporation of Fort Worth (Carroll W.
Collins, President); and required for Summit Avenue (Rio Grande to West Lancaster
Avenue). It was the consensus of the City Council that the land be acquired as
recommended and that the expenditure be charged to Street Improvements Fund GS67,
Center No. 016670402080, Account No. 541100.
&C L-10433 re There was presented Mayor and Council Communication No. L-10433 from the City
cquisition of land Manager recommending that the City pay a total consideration of $949.50 for a
rectangularly -shaped strip of land from the north property line of Lot 1, Block 27,
Glen Park Addition, as described in Volume 8909, Page 1328, Deed Records, Tarrant
County, Texas; same being on the south side of Martin Street, and being 5.50 feet in
width and 115.0 feet in length; located at 4801 Wichita Street; owned by Second
Clarkland Properties Corporation; 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.
&C L-10434 re There was presented Mayor and Council Communication No. L-10434 from the City
cquisition of Manager recommending that the City pay a total consideration of $275,000.00 for the
outh one-half south one-half of Lot 1, Block 23, Jennings South Addition; located at 308 South Adams
Street; owned by Fort Worth Day Nursery Association; and required for realignment of
Daggett east of South Henderson Street; and recommending that a bond fund transfer in
the amount of $275,000.00 be authorized from GS67-020670359010, Miscellaneous Streets
and Drainage Unspecified, to GS67-016670354750, Daggett Street, East of South
Minutes of City Council R-3 Page 258
Ties
$ 2.50 each
M&C P-4804 cont.
Caps
$ 24.00 each
Hat covers
$ 12.21 each
Cap straps
$ 3.25 each
Buttons
$ 1.60 each
Convertible jackets
$116.00 each
Raincoats
$ 36.78 each
Trousers - gray
$ 13.50 each "
Long sleeve shirt - gray
$ 13.50 each
Military belt
$ 8.75 each
Men's shoes
$ 57.00 per pair
Women's shoes
$ 54.00 per pair
2. The agreement to become effective date of authorization and end on
anniversary date of original agreement,
December 19, 1991.
M&C P-4804 adopted
It was the consensus of the City Council
that the recommendations be adopted.
M&C P-4805 re
There was presented Mayor and Council Communication No. P-4805 from the City
purchase agreement
Manager submitting a tabulation of bids
received for a purchase agreement to furnish
with Superior
Jet A fuel for the Police Department;
stating that budgeted funds are sufficient to
Fuel & Lubricants,
cover the anticipated expenditure; and
recommending that the purchase agreement be
Inc.
authorized with Superior Fuel & Lubricants,
Inc., on its low bid of Petro Scan average
price plus $0.0524 per gallon, f.o.b.
Fort Worth, Texas; with term of agreement to
become effective March 15, 1991, and
end March 14, 1992, with two additional one-year
options to renew. It was the consensus
of the City Council that the recommendations be
adopted.
&C P-4806 re
urchase of ma-
erials to make
epairs to wooden
oardwalk at Fort
orth Nature Cente
There was presented Mayor and Council Communication No. P-4806 from the City
Manager recommending that the City Council confirm the emergency purchase of materials
to make repairs to the wooden boardwalk at the Fort Worth Nature Center, as follows:
Teague Lumber
Chickasaw Lumber
Drill Stem, Inc.
Fort Worth Bolt & Tool
H R S Fasteners
$1,002.29
5,502.40
680.00
490.00
158.20
not to exceed 11&32.89
It was further stated that funds are available in Capital Projects Reserve Fund GC10,
Center No. 013010015000, Account No. 541320, Center No. 080010015000. It was the
consensus of the City Council that the recommendation be adopted.
&C L-10431 re There was presented Mayor and Council Communication No. L-10431 from the City
cquisition of lan Manager recommending that the City pay a total consideration of $422.00 for a
rectangular strip of land from the south property line of Lot 31, Denman's Subdivision
of Lots 15 through 20, Oaklawn Addition, as described in Volume 9775, Page 2232, Deed
Records, Tarrant County, Texas; same being on the north side of Martin Street, being
12.72 feet in width on the west end and 67.5 feet in length; located at 3237 Martin
Street; owned by Diana Valle; 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.
&C L-10432 re There was presented Mayor and Council Communication No. L-10432 from the City
cquisition of Manager recommending that the City pay a total consideration of $448.00 for a
and rectangularly -shaped strip of land out of Lot 7, Block 4, Texas and Pacific Railway
Company Addition, as recorded in Volume 5035, Page 892, Deed Records, Tarrant County,
Texas; same being located in the southwest corner of Lot 7, being eight feet in length
on the west and on the south side and 11.43 feet in length on its hypotenuse; located
at 1200 E1 Paso; owned by Collins Building Corporation of Fort Worth (Carroll W.
Collins, President); and required for Summit Avenue (Rio Grande to West Lancaster
Avenue). It was the consensus of the City Council that the land be acquired as
recommended and that the expenditure be charged to Street Improvements Fund GS67,
Center No. 016670402080, Account No. 541100.
&C L-10433 re There was presented Mayor and Council Communication No. L-10433 from the City
cquisition of land Manager recommending that the City pay a total consideration of $949.50 for a
rectangularly -shaped strip of land from the north property line of Lot 1, Block 27,
Glen Park Addition, as described in Volume 8909, Page 1328, Deed Records, Tarrant
County, Texas; same being on the south side of Martin Street, and being 5.50 feet in
width and 115.0 feet in length; located at 4801 Wichita Street; owned by Second
Clarkland Properties Corporation; 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.
&C L-10434 re There was presented Mayor and Council Communication No. L-10434 from the City
cquisition of Manager recommending that the City pay a total consideration of $275,000.00 for the
outh one-half south one-half of Lot 1, Block 23, Jennings South Addition; located at 308 South Adams
Street; owned by Fort Worth Day Nursery Association; and required for realignment of
Daggett east of South Henderson Street; and recommending that a bond fund transfer in
the amount of $275,000.00 be authorized from GS67-020670359010, Miscellaneous Streets
and Drainage Unspecified, to GS67-016670354750, Daggett Street, East of South
Minutes of City Council R-3 Page 258
�J
THURSDAY, MARCH 14, 1991
&C L-10434 cont. Henderson, to provide funds for right-of-way. It was the consensus of the City Council
that the recommendations be adopted.
&C L-10435 re There was presented Mayor and Council Communication No. L-10435 from the City
ale of surplus Manager, as follows:
roperty
SUBJECT: SALE OF SURPLUS PROPERTY
RECOMMENDATIONS:
It is recommended that the City Council approve the sale of the surplus
properties listed below and authorize the City Manager to execute the
appropriate deeds conveying these properties:
1. The property described in Item 1 be sold to Alan Klotz on his bid of
$1,100.00.
2. The property described in Item 2 be sold to Harold and Linda Draughon on
their bid of $1,202.00.
3. The property described in Item 3 be sold to Bart Cook on his bid of
$500.00.
4. The property described in Item 4 be sold to Gina Hickman on her bid of
$1,015.00.
5. The property described in Item 5 be sold to Henry Busch on his bid of
$1,001.00.
6. The property described in Item 6 be sold to Gina Hickman on her bid of
$1,115.00.
7. The property described in Item 7 be sold to Gallatin Valley, Inc. on its
bid of $1,535.00.
8. The property described in Item 8 be sold to Gina Hickman on her bid of
$417.50.
9. The property described in Item 9 be sold to Gina Hickman on her bid of
$417.50.
10. The property described in Item 10 be sold to Gina Hickman on her bid of
$417.50.
11. The property described in Item 11 be sold to Gina Hickman on her bid of
$419.00.
12. The property described in Item 12 be sold to Gina Hickman on her bid of
$627.50.
13. The property described in Item 13 be sold to Gina Hickman on her bid of
$378.50.
14. The property described in Item 14 be sold to Alan Klotz on his bid of
$550.00.
15. The property described in Item 15 be sold to Alan Klotz on his bid of
$475.00.
16. The property described in Item 16 be sold to Gina Hickman on her bid of
$410.00.
17. The property described in Item 17 be sold to Jim Kennard on his bid of
$400.00.
18. The property described in Item 18 be sold to William Southward on his
bid of $527.00.
19. The property described in Item 19 be sold to Gina Hickman on her bid of
$450.00.
20. The property described in Item 20 be sold to Gina Hickman on her bid of
$442.50.
21. The property described in Item 21 be sold to Gina Hickman on her bid of
$610.00.
22. The property described in Item 22 be sold to Gina Hickman on her bid of
$757.00.
23. The property described in Item 23 be sold to Gallatin Valley, Inc. on
its bid of $427.00.
24. The property described in Item 24 be sold to Gina Hickman on her bid of
$417.50.
Minutes of City Council R-3 Page 259
0�'Uo
&C L-10435 cont.
THURSDAY, MARCH 14, 1991
DISCUSSION:
In
accordance with the policy regarding
the sale of City -owned surplus
property,
a bid opening was
held on February 21, 1991 for
the following
properties.
PROPERTY
MINIMUM BID
BIDDER
AMOUNT BID
1.
3213 Horne, L21-24
$ 900
A.
Klotz
$1,100.00
South, B183,
Chamberlain Arlington
Hts. #1,100X62.5,2000
sq ft in frame bldg.
Zoned B-2 family.
2.
3219 Bideker, L18, B3,
1,200
H
& L Draughon
1,202.00
Englewood Hts., 50X132,
Zoned B-2 family.
Frame house.
3.
5524 Grande Court,
500
B.
Cook
500.00
L5G,B"B", Grande Vista
Hts., 50X120, Zoned B-2
family.
4.
3301 Avenue G, L9, B26,
650
G.
Hickman
1,015.00
Polytechnic Hts.,
50X115, Zoned E -Commer-
cial.
5.
3912 Carey St., L8, B8,
650
H.
Busch Home
1,001.00
Acres, 100X398,
G.
Hickman
751.00
Zoned A -single family.
6.
1700 blk. Robert, L1A,
700
G.
Hickman
1,115.00
B1, Sycamore Central
Ind. Pk., 183X247, Zoned
I -Light Ind.
7.
End of Indio St. behind
1,000
Gallatin
Valley
1,535.00
Woodmont Plaza, Tr3B,
G.
Hickman
1,442.00
Smith, JMB Survey, A-
J.
Oliver
1,102.00
1412, 1.751 A, Zoned A -
single family.
8.
1400 blk. E. Baltimore,
400
G.
Hickman
417.50
L8, B61, Highland Park,
50X120, Zoned B-2 fami-
ly.
9.
926 Dashwood, W49.3' of
375
G.
Hickman
417.50
the E2/3 of the N1/2 of
L5, B4, Evans South,
49.33X105, Zoned B-2
family.
10.
1322 New York, L14,
375
G.
Hickman
417.50
B3/10, Evans South, ap-
prox. 4,687 sq. ft.,
Zoned A -single family.
11.
5121 Helmick, L9&10,
400
G.
Hickman
419.00
B132, Chamberlain
Arlington Hts.
#2,50X125, Zoned B-2
family.
12.
827-829 E. Allen, L534,
400
G.
Hickman
627.50
B21, Hyde Park, 50X119,
A.
Klotz
600.00
Zoned B-2 family.
13.
949 E. Harvey, L18, B29,
375
G.
Hickman
378.50
Southland Sub, 50X120,
Zoned B-2 family.
14.
906 E. Maddox, L554,
450
A.
Klotz
550.00
B22, Hyde Park, 50X105,
Zoned E. Commercial.
15.
1417 Missouri, L16, B1,
375
A.
Klotz
475.00
Greenwood Sub #2,
40X100, Zoned B-2 fami-
ly.
Minutes of City Council R-3 Page 260
THURSDAY, MARCH 14, 1991
M&C L-10435 cont. 16. 1340 E. Magnolia, L6, 400 G. Hickman 410.00
B18, Lakeview, 50X125,
Zoned B-2 family.
17. 3414 Bideker, L4, B22, 400 J. Kennard 400.00
Englewood Hts., 50X132,
Zoned B-2 family.
18. 3204 Ross, L22, B101, M 500 W. Southward 527.00
G Ellis, 50X140, Zoned
B-2 family.
19. 1209 Scheiffer, L21, 415 G. Hickman 450.00
B10, Morningside Park,
60X115, Zoned A -Single
family.
20. 3001 Dillard, N55'L6, 425 G. Hickman 442.50
B9, Sunrise, 55X130,
Zoned B-2 family.
21. 3513 Avenue N, L15, 575 G. Hickman 610.00
B125, Polytechnic Hts.,
50X125, Zoned B-2 fami-
ly.
22. 5209 Calumet, L4 -R, B10, 500 G. Hickman 757.00
Willi Walter, 70X100,
Zoned E -Commercial.
23. 900 blk. E. Lowden, 400 Gallatin Valley 427.00
L15,B60, Ryan SE, G. Hickman 417.50
50X120, Zoned B-2 family.
24. 1700 blk. E. Powell, 400 G. Hickman 417.50
L10, B12, Belmont,
50X125, Zoned B-2 family.
M&C L-10435 adopted It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. L-10435, be adopted.
M&C C-12754 re There was presented Mayor and Council Communication No. C-12754 from the City
grant from Texas Manager stating that the Texas State Library and Archives Commission and the U.S.
State Library and Department of Education propose to grant $206,762.00 to the City of Fort Worth to
Archives Commission provide resource sharing and interlibrary 1 oan services in a 21 -county area of North
for Interlibrary Texas; that the grant is for the State Fiscal Year, September 1, 1991, through
Loan services August 31, 1992; that it will continue to subsidize resource sharing in the North Texas
area and to provide local libraries with a means of acquiring the use of materials from
libraries throughout the United States; stating that the program is budgeted at
$206,762.00 with the funding agencies defraying the costs; and recommending the City
Council authorize the City Manager to:
1. Apply for and, if offered, accept a grant in the amount of $206,762.00
from the Texas State Library and Archives Commission for Interlibrary
Loan services;
2. Execute a grant contract with the Texas State Library and Archives
Commission; and
3. Apply indirect cost in accordance with the City's Administrative
Regulation 3-15 (apply the 1991 rate of 31.68 percent which represents
the most recent approved rate for the department).
M&C C-12754 adoptedll It was the consensus of the City Council that the recommendations be adopted.
M&C C-12755 re
There was presented Mayor and Council Communication No. C-12755 from the City
lease agreement
Manager stating that the City of Fort Worth Housing and Human Services Department has
with City of Sansom
leased space from the City of Sansom Park for the Sansom Park NRDP Center since the
Park for space at
inception of the program; that the Human Services Division staff offers a wide range of
5428 Cowden Street
social services including case management, information and referral, eligibility
certification, employment referral, emergency assistance and intake for the Energy
Crisis Program; that the City of Sansom Park will not charge a rental fee, beginning
with this lease, since the services provided at the center primarily benefit Sansom.
Park residents; that the rent previously was $200.00 per month; stating that no
additional funds are required; and recommending that the City Manager be authorized to
execute a lease agreement with the City of Sansom Park for space at 5428 Cowden Street,
the current location of the Sansom Park Neighborhood Resources Development Program
Center of the Housing and Human Services Department, for a term which begins January 1,
1991, and ends September 30, 1991. It was the consensus of the City Council that the
recommendation be adopted.
M&C C-12756 re
There was presented Mayor and Council Communication No. C-12756 from the City
contract with
Manager submitting a tabulation of bids received for utility cut repairs, Contract 91A;
Architectural
and recommending that the City Council:
Utilities, Inc.
Minutes of City Council R-3 Page 261
THURSDAY, MARCH 14, 1991
1. Authorize a fund transfer in the amount of $375,000.00 from Water and
M&C C-12756 cont. Sewer Operating Fund PE45, Account No. 539120, Center No. 0607011, to
Water Capital Improvement Fund PW53, Account No. 541200, Center
No. 060530171890, Utility Cut Repairs, Contract 91A;
2. Authorize a fund transfer in the amount of $125,000.00 from Water and
Sewer Operating Fund PE45, Account No. 539120, Center No. 0707008, to
Sewer Capital Improvement Fund PS58, Account No. 541200, Center
No. 070580171430, Utility Cut Repairs, Contract 91A; and
3. Authorize the City Manager to execute a construction contract with
Architectural Utilities, Inc., for utility cut repairs, Contract 91A, on
the low bid of $464,290.15.
M&C C-12756 adopted It was the consensus of the City Council that the recommendations be adopted.
M&C C-12757 re There was presented Mayor and Council Communication No. C-12757 from the City
contract with Manager submitting a tabulation of bids received for construction of pipe rigs at Alta
Willard Smith Mesa and Como Pump stations; and recommending that a fund transfer in the amount of
Construction Com- $7,800.00 be authorized from Water and Sewer Operating Fund PE45, Account No. 541200,
pa ny Center No. 0609020, to Water Capital Improvement Fund PW53, Account No. 541200, Center
No. 060530171900, Pipe Rigs at Alta Mesa and Como Pump stations; and that the City
Manager be authorized to execute a construction contract with Willard Smith
Construction Company for construction of Pipe Rigs at Alta Mesa and Como Pump stations
on low bid of $7,800.00. It was the consensus of the City Council that the
recommendations be adopted.
M&C C-12758 re There was presented Mayor and Council Communication No. C-12758 from the City
contract with Manager submitting a tabulation of bids received for miscellaneous water and sewer main
la rry H. Jackson replacements; and recommending that the City Council:
Construction, Inc.
1. Authorize a fund transfer in the amount of $335,268.00* from Water and
Sewer Operating Fund PE45, Account No. 541200, Center No. 0609020, to
Water Capital Improvement Fund PW53, Center No. 060530171850,
Miscellaneous Water Main Replacements;
* Includes $15,013.00 for possible change orders as established by City
Ordinance No. 10437 plus $10,600.00 (survey) and $9,400.00 (inspection).
2. Authorize a fund transfer in the amount of $324,847.00* from Water and
Sewer Operating Fund PE45, Account No. 541200, Center No. 0709020, to
Sewer Capital Improvement Fund PS58, Center No. 070580171370,
Miscellaneous Sewer Main Replacements; and
* Includes $14,517.00 for possible change orders plus $10,600.00
(survey) and $9,400.00 (inspection).
3. Authorize the City Manager to execute a construction contract with
Larry H. Jackson Construction, Inc., for Miscellaneous Water and Sewer
Main Replacements on the low bid of $590,585.00.
&C C-12758 adopte It was the consensus of the City Council that the recommendations be adopted.
&C C-12759 Revise There was presented Mayor and Council Communication No. C-12759 Revised from the
ontract with Emte h City Manager, as follows:
nvironmental Ser -
ices, Inc. SUBJECT: AWARD OF CONTRACT FOR REMOVAL & DISPOSAL OF SIX UNDERGROUND STORAGE
TANKS AND ASSOCIATED APPURTENANCES TO EMTECH ENVIRONMENTAL
SERVICES, INC.
RECOMMENDATION:
It is recommended that City Council take the following action:
1) Adopt the attached supplemental appropriation ordinance increasing
appropriation by $87,200 in General Fund GG01, Center No. 0906601,
Non -Departmental, Contract Administration, and decreasing the
unreserved, undesignated fund balance of the general fund by the same
amount; and
2) Authorize the City Manager to execute a contract with Emtech
Environmental Services, Inc., a local firm, for the removal, disposal
and site clean-up of six underground fuel storage tanks and associated
appurtenances for an amount not to exceed $87,200.
DISCUSSION:
During a preliminary site assessment in June 1990, free petroleum was found
in a tank pit monitoring well at the Brennan Service Center Facility. As a
result of this discovery the fueling operations at Brennan were discontinued
for an undesignated period of time. The Texas Water Commission (TWC)
required further testing be performed to determine the horizontal and
vertical extent of the contamination. Subsequent monitor well and soil
boring installations revealed widespread subsurface hydrocarbon (petroleum)
contamination in both soil and shallow groundwater. The source of the
Minutes of City Council R-3 Page 262
263
THURSDAY, MARCH 14, 1991
&C C-12759 cont.II hydrocarbon contamination has not yet been fully determined, excluding the
six UST's.
During the installation of the monitoring wells it was discovered that the
six USTs were placed in the edge of the landfill. In addition, one of the
monitor wells was emitting landfill gas composed primarily of methane (54%).
As a result of these discoveries, the City's contract engineer for UST's
recommended that staff consider issuing a request for proposal (RFP) in lieu
of competitive bidding. This contract would be exempt from the legal
requirements for competitive bidding under the "public health" exemption,
Local Gov't Code Sec. 252.022(2). Staff concurred and on November 20, 1990,
issued an RFP to five firms identified as having the expertise to safely
remove the six UST's. Staff received three proposals on December 3, 1990.
The three firms submitting the proposals were interviewed by a committee
comprised of individuals from the Water Department, Risk Management, Fire and
Contract Engineer. The committee ranked the proposals and recommended a
Houston firm as the top candidate. Staff negotiated from mid-December
through January with no success and in early February notified the company
that no further negotiations would take place.
Staff began negotiating with the number two firm, Emtech Environmental
Services, Inc., a local firm, and within one week came to a cost which staff
believes to be reasonable. Therefore, staff requests Council to approve the
recommendations as stated.
The recommended vendor has complied with the City's DBE policy.
FINANCING:
Upon approval of Recommendation No. 1, sufficient funds will be available in
General Fund GGO1, Center No. 0906601, Non -Departmental, Contract
Administration. Expenditures will be made from Account No. 539120. The
Unreserved, Undesignated General Fund balance will be $26,903,994.00 upon
completion of this transfer.
4&C C-12759 revised It was the consensus of the City Council that the recommendations, as contained in
adopted Mayor and Council Communication No. C-12759 Revised, be adopted.
Introduced an Mayor Pro tempore Garrison introduced an ordinance and made a motion that it be
Dr dinance adopted. 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, Meadows, and Chappell
NOES: None
ABSENT: Council Members Gilley and Webber
The ordinance, as adopted, is as follows:
rdi nance No. II ORDINANCE NO. 10805
0805
&C C-12760 re
pproved change
rder no. 2 con-
ract with Johnson
okogawa Corpora -
ion
AN ORDINANCE APPROPRIATING $87,200.00 IN THE GENERAL FUND, GG01,
NON -DEPARTMENTAL -ENVIRONMENTAL MANAGEMENT/CONTRACT ADMINISTRATION,
CENTER NO. 0906601 AND DECREASING THE UNRESERVED, UNDESIGNATED FUND
BALANCE BY THE SAME AMOUNT; SAID FUNDS TO BE USED TO EXECUTE A
CONTRACT WITH ENTECH ENVIRONMENTAL SERVICES, INC. FOR REMOVAL,
DISPOSAL AND SITE CLEAN-UP OF SIX UNDERGROUND FUEL STORAGE TANKS;
PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES
IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 5.
This ordinance shall take effect and be in full force and effect from
and after the date of its passage, and it is so ordained.
There was presented Mayor and Council Communication No. C-12760 from the City
Manager, as follows:
SUBJECT: PROPOSED CHANGE ORDER NO. 2 TO DISTRIBUTED PROCESS CONTROL AND
INFORMATION SYSTEM UPGRADE, PHASE I, VCWWTP (JOHNSON-YOKOGAWA)
RECOMMENDATION:
It is recommended that the City Council:
Minutes of City Council R-3 Page 263
THURSDAY, MARCH 14, 1991
1. Authorize a fund transfer in the amount of $25,495 from Water and Sewer
M&C C-12760 cont. Operating Fund PE45, Account No. 541200, Center No. 0709020, to Sewer
Capital Improvement Fund PS84, Account No. 541200, Center
No. 070840160020, Distributed Process Control and Information System
Upgrade, Phase I; and
2. Authorize Change Order No. 2 in the amount of $25,494.80 to City
Secretary Contract No. 17703 with Johnson Yokogawa Corporation for the
Distributed Process Control and Information System Upgrade, Phase I,
revising the total contract cost to $1,879,827.11.
PROJECT NO.: PS84-070840160020
RArvnPniINn-
On February 27, 1990 (M&C C-12192), the City Council authorized the award of
a contract to Johnson Yokogawa Corporation for the Distributed Process
Control and Information System Upgrade, Phase I.
PROPOSED CHANGE ORDER:
During construction, it was determined that two modifications to the contract
would be necessary to provide a more serviceable and efficient facility.
The contractor, Johnson Yokogawa Corporation, will perform this additional
work for $25,494.80. The proposed changes are as follows:
1 ea. Install 5 -position selector
switch on standby chlorinator control
for Phase IIA @ Lump Sum $ 9,866.08
Perform programming of the Digester
Feed Control Strategy @ Lump Sum 15,628.72
Total Change Order $25,494.80
The net effect of the proposed change order is as follows:
Original Contract Cost $1,798,110.00
Change Order No. 1 $ 56,222.31
Proposed Change Order No. 2 $ 25,494.80
Revised Contract Cost $1,879,827.11
The construction manager, Freese and Nichols, Inc., and the staff engineers
of the Water Department have reviewed the proposed charges and found them
reasonable for similar work.
FINANCING:
Sufficient funds are available 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. 1, in
the amount of $25,495.00, sufficient funds will be available in Sewer Capital
Improvement Fund PS58, Account No. 541200, Center No. 070840160020,
Distributed Process Control and Information System Upgrade, Phase I.
Expenditures will be made from Account No. 541200.
M&C C-12760 with- City Manager Ivory advised City Council that Mayor and Council Communication
drawn from con- No. C-12760 was withdrawn from the consent agenda because it involves Freese and
sent agenda Nichols, Inc., and some of the Council Members may need to abstain from voting on this
Mayor and Council Communication.
Council Member Meadows requested permission of the City Council to abstain from
voting on Mayor and Council Communication No. C-12760 involving Freese and Nichols.
Council Member Chappell made a motion, seconded by Council Member McCray, that
Council Member Meadows be permitted to abstain from voting on Mayor and Council
Communication No. C-12760. When the motion was put to a vote by the Mayor, it
prevailed unanimously.
Council Member Zapata made a motion, seconded by Council Member McCray, that the
recommendations, as contained in Mayor and Council Communication No. C-12760, be
approved. When the motion was put to a vote by the Mayor, it prevailed by the
following vote:
AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata,
Granger, McCray, and Chappell
NOES: None
ABSENT: Council Members Gilley and Webber
NOT VOTING: Council Member Meadows
Minutes of City Council R-3 Page 264
dl*Pi I r—
THURSDAY, MARCH 14, 1991
M&C C-12761 re There was presented Mayor and Council Communication No. C-12761 from the City
lease agreement Manager, as follows:
with Laurent and
Bobbie Jo Jacque- SUBJECT: CONTRACT MODIFICATIONS - CANCELLATION, RENEWAL AND CONSOLIDATION OF
lin, as individual LEASE AGREEMENTS WITH LAURENT & BOBBIE JO JACQUELIN AND PEGASUS
FLIGHT CENTER, INC., FOR OFFICE, STORAGE, AND COUNTER SPACE IN THE
MEACHAM AIRPORT TERMINAL BUILDING
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter
into a lease agreement with Laurent and Bobbie Jo Jacquelin, as individuals,
and Pegasus Flight Center, Inc., for office space located in the Fort Worth
Meacham Airport Terminal Building.
DISCUSSION:
Under City Secretary Contract Nos. 17106, 17832, 17833, 17312, 17382, 17467,
17660, 17726, 17772, 17796, 17797 and 18125, Pegasus Flight Center leases
office spaces at various locations in the Fort Worth Meacham Airport Terminal
Building. These spaces are used in connection with its flight school
activities. The aforementioned contracts were for one year periods, renewed
annually. In an effort to consolidate multiple lease agreements with
tenants, more efficiently administer lease agreements and reduce
administrative requirements, staff recommends combining these agreements into
one agreement. City Secretary Contract No. 17659 will be canceled as part of
this consolidation of leases.
The agreement will be for an initial period of eight months with successive
one year options to renew as long as the tenant complies with the terms and
conditions of the original agreement. The uneven initial term is to allow
option period(s) to commence at the beginning of each fiscal year. A common
commencement date of contracts and adjustment of rental rates maximizes the
revenue stream for the entire fiscal year.
The Schedule of Rates and Charges in effect during these successive option
periods will be charged.
The following constitutes the areas leased, their location, the rental rate
presently in effect, and the annual revenue generated from the agreement
during the initial period:
a. Office Space (2nd Floor) Carpeted
2,407 s.f. at $10.00/s.f. annually $24,070.00
b. Office Space (2nd Floor) Carpeted
2,660 s.f. at $9.66/s.f. annually 25,695.60
C. Office Space (2nd Floor) Uncarpeted
3,368 s.f. at $9.34/s.f. annually 31,457.12
d. Office Space (1st Floor)
568 s.f. at $11.20/s.f. annually 6,361.60
e. Counter Space (1st Floor)
205 s.f. at $11.92/s.f. annually 2,443.60
f. Basement Storage Space
593 s.f. at $5.42/s.f. annually 3,214.06
Total annual revenue $93,241.98
The initial lease term will commence effective February 1, 1991; first option
period will commence October 1, 1991, and end September 30, 1992. Tenant has
occupied the premises and is paying the prevailing rental rates, as specified
in the City's Schedule of Rates and Charges for the Airport System.
A clause will be incorporated in the lease agreement, prohibiting the lessee
from making alterations or entry into the overhead area of the premises. The
purpose of this clause prevents the disturbance of asbestos.
The Aviation Advisory Board recommended City Council approval.
FINANCING:
No City funds will be expended.
M&C C-12761 a dop tej It was the consensus of the City Council that the recommendation, as contained in Mayor
II and Council Communication No. C-12761, be adopted.
M&C C-12762 re There was presented Mayor and Council Communication No. C-12762 from the City
amendment to Manager stating that the City Council approved Mayor and Council Communication
contract with Brow No. C-9739 on July 1, 1986, which authorized the City Manager to execute a contract
Ferris Industries, with Browning-Ferris Industries, Inc., to provide residential refuse collection and
Inc. disposal services to one-fifth of the City; that the term of the contract was for a
Minutes of City Council R-3 Page 265
tiUkP
THURSDAY, MARCH 14, 1991
period of five years commencing March 15, 1987, and ending February 29, 1992; that the
M&C C-12762 cont. second contract is with Waste Management, Inc., and it is also a five-year contract
that provides residential refuse collection and disposal service to one-fifth of the
City; that, since July 1990, in anticipation of reletting the collection contracts,
City staff and Ecodata, Inc., a consulting firm engaged by the City, have been
identifying and examining various issues related to the City's solid waste management
system; that work resulted in a number of recommendations thaf were presented to the
City Council in January; that the purpose of this recommendation is to allow greater
flexibility to prospective service providers in packaging collection districts and
developing their proposals and bids so as to obtain the greatest possible benefits for
the City when contracts are relet; stating that funds are available in Solid Waste
Fund PE64, Center No. 0211002, Account No. 539120; and recommending that the City
Manager be authorized to execute an amendment to City Secretary Contract No. C-15223
with Browning-Ferris Industries, Inc., extending the term of the contract for providing
refuse collection and disposal services from February 29, 1992, to September 30, 1992.
On motion of Council Member Chappell, seconded by Council Member McCray, the
recommendation was adopted.
M&C C-12763 re I
There was presented Mayor and Council Communication No. C-12763 from the City
emergency construC
Manager stating that, during a recent daily airfield runway inspection of Meacham
tion contract to
Airport's main runway (16/34), a runaway surface variation was discovered; that, after
M.A. Vinson
further investigation, it was determined that an underlying storm drain had separated
at its joints, causing the erosion of sub -base material; that the erosion resulted in a
void between the sub -base and the runway pavement surface; that, after consultations
with FAA, it was determined that a safety hazard existed and emergency repairs were
required; that the storm drain was repaired by City personnel; Transportation and
Public Works Department developed the plans and specifications and solicited bidders;
that the low bid was submitted by M.A. Vinson in the amount of $66,935.00; that it is
estimated that project inspection, testing, and contingencies will cost $6,565.00;
stating that funds are available in Airports Fund PE40, Center No. 0552001, Account
No. 536010; and recommending that the City Council ratify the action taken by the City
Manager in awarding an emergency construction contract to M.A. Vinson for emergency
runway repairs at Meacham Airport in the amount specified. On motion of Mayor Pro
tempore Garrison, seconded by Council Member Zapata, the recommendation was adopted.
M&C C-12764 re ' There was presented Mayor and Council Communication No. C-12764 from the City
Proposal project Manager stating that the City Council received Informal Report No. 7509 on February 12,
1991, and discussed proposed project at the northwest corner of Rosedale and St. Louis;
that the project of $1,995,000.00 includes $247,151.00 of enhancements which will
contribute to the redevelopment of the area; that the property, subject to the tax
abatement agreement, is located within the Tax Abatement Reinvestment Zone No. 4; that,
in accordance with the Council approved Policy Statement, the proposed Tax Abatement
Agreement would authorize a 50 percent abatement of the increase in valuation of the
improvements of seven years provided, however, that the abatement shall terminate when
the total amount of abated taxes reaches $61,876.00; that, in exchange for the
abatement, the property owner commits to a $2,000,000.00 project with certain
documented enhancements and a specified number of new jobs; and recommending that the
City Council take the following actions regarding a proposed project at the northwest
corner of Rosedale and St. Louis:
1. Find that the improvements sought are feasible and practical, and would
be a benefit to the land and to the City after the expiration of the tax
abatement agreement;
2. Find that written notice of the City's intent to enter the attached Tax
Abatement Agreement and copies of the Agreement were mailed by certified
mail to all affected taxing units in accordance with State law;
3. Find that the terms and conditions of the Agreement and the property
subject to the agreement meet the City's Policy Statement for Tax
Abatement to Qualified Commerical/Industrial Projects as established in
Mayor and Council Communication No. G-8861; and
4. Authorize the City Manager to enter into the Tax Abatement Agreement
with Hamstra Builders, Inc., in accordance with the amended Policy
Statement on Tax Abatement to Qualified Commercial/Industrial Projects
(Guidelines and Criteria) which was adopted by the City Council on
October 16, 1990, (Mayor and Council Communication No. G-8861).
Council Member Chappell made a motion, seconded by Council Member Granger, that
the recommendations, as contained in Mayor and Council Communication No. C-12764, be
approved. When the motion was put to a vote by the Mayor, it prevailed by the
following vote:
AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata,
Granger, McCray, and Chappell
NOES: Council Member Meadows
ABSENT: Council Members Gilley and Webber
M&C FP -2797 re There was presented Mayor and Council Communication No. FP -2797 from the City
contract with Manager stating that construction of the access road to Westland Ground Storage
Jeske Construction Reservoir has been completed in accordance with plans and specifications under Contract
Company No. 18115 awarded to Jeske Construction Company on October 2, 1990; and recommending
Minutes of City Council R-3 Page 266
THURSDAY, MARCH 14, 1991
M&C FP -2797 cont. that the City Council accept as complete the contract with Jeske Construction Company
for construction of the access road to Westland Ground Storage Reservoir and authorize
final payment in the amount of $4,448.06 to Jeske Construction Company, with funds
available in Water Capital Improvements Fund PW53, Retainage Account No. 205000, Center
No. 000530171330. It was the consensus of the City Council that the recommendations be
adopted.
It appearing to the City Council that Resolution No. 1702 was adopted on
February 19, 1991, setting today as the date for hearing in connection with the
recommended changes and amendments to Zoning Ordinance No. 3011 and that notice of the
hearing has been given by publication in the Fort Worth Star -Telegram, the official
newspaper of the City of Fort Worth, Texas, on February 25, 1991, Mayor Bolen asked if
there was anyone present desiring to be heard.
There being no one present desiring to be heard in connection with recommended
changes and amendments to Zoning Ordinance No. 3011, Council Member Zapata made a
motion, seconded by Council Member McCray, that the hearing be closed and that the
recommended changes in zoning be approved, as follows:
Z-91-005II Z-91-005 MARAM COMPANY by Norte Architects
1217 Grand Avenue
From "C" Multi -Family to "PD/SU" Planned Development/Specific Use
permitting all uses in the "E -R" Restricted Commercial District.
Site Plan Required.
Z-91-011 II Z-91-011 RICHARD H. SMITH, INC.
10750 Tube Drive
From "AG" Agricultural to "K" Heavy Industrial
Z -91-013Z-91-013 Z-91-013 JUAN GUTIERREZ by C.R. Bonilla for Bonilla Associates
723 Cliff Street & 2706 Refugio Avenue
From "E" Commercial to "PD/SU" Planned Development/Specific Use
permitting all uses in the "E" Commercial District and a warehouse
for the storage of construction tools and equipment. Site Plan
Required.
Z -91-014Z-91-014 Z-91-014 JOE B. BROWN by Terry Meza for Polytechnic Heights Main Street
2717 Avenue B
From "F" and "E" Commercial to "F/HC" Commercial/Historic and
Cultural Subdistrict and "E/HC" Commercial/Historic and Cultural
Subdistrict
Council Member Gilley assumed his chair at the Council table after the hearing on
Zoning Docket No. Z-91-011.
Introduced an Council Member Zapata 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, and Chappell
NOES: None
ABSENT: , Council Member Webber
The ordinance, as adopted, is as follows:
Ordinance No.II ORDINANCE NO. 10806
10806
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE
NO. 3011, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND
RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND
FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT,
NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE
SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND
LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES
DIVIDING THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND
AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS
AND SHOWING SUCH DISTRICTS AND THE BOUNDARIES THEREOF UPON
"DISTRICT MAPS"; PROVIDING FOR INTERPRETATION, PURPOSE AND
CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENAL CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
Minutes of City Council R-3 Page 267
r>L°j;�1
0�0tiJ-J
rdinance No.
0806 cont.
Is. Gean Gros re
-'airmont Historical
subdistrict
ayor Bob Bolen,,re
airmont Historical
istrict
ity Attorney Wade
dkins re Fairmont
istorical sub-
istrict
s. Debbie Sanders
e Fairmont Histor
cal Subdistrict
let in closed or
executive session
teconvened into
•egular session
adjourned
THURSDAY, MARCH 14, 1991
SECTION 6.
That any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement of any of
the provisions of this ordinance shall be fined not more than Two Thousand
Dollars ($2,000.00) for each offense. Each day that a violation is permitted
to exist shall constitute a separate offense.
Council Member Meadows made a motion, seconded by Council Member Chappell, that
the recommendation of the City Zoning Commission for the denial without prejudice of
the application of Tarrant County Mental Health Mental Retardation Services for a
change in zoning of property located at 1000, 1006, and 1016 College Avenue from "CF"
Community Facilities to "F -R" Restricted Commercial, Zoning Docket No. Z-91-012, be
upheld. When the motion was put to a vote by the Mayor, it prevailed unanimously.
Ms. Gean Gros, 2010 Hurley, appeared before the City Council and advised the City
Council that all of her neighbors want to be removed from the Fairmont Historical
Subdistrict and advised City Council that the fence located at South Henderson and Park
Place needs to be investigated.
Mayor Bolen advised Ms. Gros that the letter that was given to her has four
alternatives by which she and her neighbors can be taken out of the district and that
the City Council, along with staff, will continue to give her a staff report regarding
the situation.
City Attorney Adkins advised the City Council that the original petition for
creating of the historical subdistrict was not a legal requirement of the ordinance but
that, in order to remove the historical district designation, the same procedures will
need to be followed.
Ms. Debbie Sanders appeared before the City Council and expressed opposition to
the removal of her fence. She was advised by Mayor Bolen to speak with Assistant City
Manager Ramon Guajardo regarding her options with regard to the Fairmont Historical
Subdistrict.
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) Wendell Wayne Atkins v. City of Fort Worth, Cause No. CA -4-89-317-A;
(b) Victor and Shirley Miller v. City of Fort Worth, et al, Cause
No. 48-107002-87
(c) Diedere Lott, et al v. City of Fort Worth, et al, Cause
No. 352-101370-87
(d) Litigation arising out of the construction of Randol Mill Road;
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 six members present and
Mayor Bolen and Council Members McCray and Webber absent.
There being no further business, the me
CITY SECRETARY
Minutes of City Council R-3 Page 268