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HomeMy WebLinkAbout1991/04/02-Minutes-City Council-ouncil Met lembers Present Invocation Pledge of Allegiance Students from Trier, Germany Proclation - Community Develop- ment Week Proclamation - Month of the Young Child CITY COUNCIL MEETING APRIL 2, 1991 On the 2nd day of April, A.D., 1991, the City Council of the City of Fort Worth, Texas, met in regular session, with the following members and officers present, to -wit: Mayor Bob Bolen; Mayor Pro tempore William N. Garrison; Council Members Louis J. Zapata, Kay Granger, Eugene McCray, Garey W. Gilley, Bill Meadows, Virginia Nell Webber, and David Chappell; City Manager David Ivory; City Attorney Wade Adkins; City Secretary Ruth Howard; with more than a quorum present, at which time the following business was transacted: The invocation was given by The Reverend Steve Church, First Christian Church. The Pledge of Allegiance was recited. High school exchange students and chaperones from Trier, Germany, were introduced. A proclamation f o r Community Development Week was presented to Mr. Lee Saldivar, Chairperson, Community Development Council. A proclamation for Month of the Young Child was presented to Dr. Joe Strain, President Elect, Fort Worth Association for the Education of Young Children. Minutes of City Council R-3 Page 322 3ti3 Proclamation - Medstar Week A proclamation for Medstar Week was presented to Mr. Tony Myers and Mr. Tom Morgan with Medstar. Boy Scout Troop 40 City Secretary Howard introduced Boy Scout Troop 40. Miss Tyla Peachy from the I Have A Council Member Granger introduced Miss Twyla Peachy from the "I Have a Dream Dream Program program" . Certificates of Recognition to Certificates of Recognition were presented to former board and commission members Anne Cozart and Anne Cozart, of the Aviation Advisory Board, and Jimmy Madison, of the Personnel Jimmy Madison Commission. M&C G-9090 removed Council Member Chappell requested that Mayor and Council Communication No. G-9090 from agenda be removed from the consent agenda. M&C P-4847 removed from agenda City Manager Ivory requested that Mayor and Council Communication No. P-4847 be removed from the consent agenda. M&C amended Nos. B H-0047, M&C Nos. B City Manager Ivory requested that Mayor and Council Communication No. P-4847 be P -4837, and C- amended to read "March 5, 1991" in the first line of the discussion section; and that 12791 withdrawn Mayor and Council Communication Nos. BH -0047, P-4837, and C-12791 be withdrawn from the from agenda agenda. Reconsidered M&C Council Member Zapata made a motion, seconded by Council Member Gilley, that Mayor L-10447 and Council Communication No. L-10447, approved by the City Council on March 26, 1991, be reconsidered, and that said Mayor and Council Communication be placed on the City Council agenda of April 9, 1991. When the motion was put to a vote by the Mayor, it prevailed unanimously. Consent agenda On motion of Council Member Gilley, seconded by Council Member Meadows, the approved consent agenda, as amended, was approved. Nominated Mr. Fran Moss to the PIC Mayor Bolen nominated Mr. Frank Moss for membership on the Fort Worth Private Industry Council and made a motion, seconded by Council Member Gilley, that Mr. Frank Moss be appointed to Place 16 on the Private Industry Council for a term of office expiring October 1, 1993, and when the motion was put to a vote by the Mayor, it prevailed unanimously. Nominated The Council Member Zapata nominated The Reverend W. B. Langham for membership on the Reverend W.B. City Zoning Commission and made a motion, seconded by Council Member Webber, that Langham to the Reverend W. B. Langham be appointed to Place 2 on the City Zoning Commission for a term City Zoning Commi - of office expiring October 1, 1993, and when the motion was put to a vote by the Mayor, ssio n it prevailed unanimously. Nominated Ms. Council Member Granger nominated Ms. Lindsey Merrill for membership on the Youth Lindsey Merrill Commission and made a motion, seconded by Council Member Gilley, that Ms. Lindsey to the Youth Co mmi Merrill be appointed to Place 4 on the Youth Commission, and when the motion was put to ssion a vote by the Mayor, it prevailed unanimously. Nominated Mr. C. Mayor Pro tempore Garrison nominated Mr. C. Victor Thornton for membership on the Victor Thornton Railtran Advisory Board and made a motion, seconded by Council Member Gilley, that Mr. to the Railtran C. Victor Thornton be appointed to the Railtran Advisory Board, and when the motion was Advisory Board put to a vote by the Mayor, it prevailed unanimously. Alternates appt. Council Member Gilley made a motion, seconded by Council Member Zapata, that to the Charter Colonel Andy Riveria, Mr. David Keltner, Mrs. Walter Barbour, Mr. Johnny Lewis, Mrs. Review Committee Elaine Petrus, Mr. Pablo Calderon, Ms. Patsy Thomas, and Mr. Tom Purvis be appointed as alternate members of the Charter Review Committee. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C OCS-261 re Liability Bonds There was presented Mayor and Council Communication No. OCS-261 from the Office of the City Secretary recommending that the City Council accept liability bonds, as follows: PARKWAY CONTRACTOR'S BONDS INSURANCE COMPANY Four Seasons Design and Remodeling, Inc. Universal Surety of America Ruben Garcia dba Garcia Concrete Western Surety Company Robert E. McKee, Inc. Fidelity and Deposit Company of Maryland PJS Construction, Inc. Universal Surety of America, Houston, Texas Jayco Concrete Western Surety Insurance Company It was the consensus of the City Council that the recommendation be adopted. M&C OCS-261 adopte# N Minutes of City Council R-3 Page 323 M&C OCS-262 re There was presented Mayor and Council Communication No. OCS-262 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: Ernest Lewis } 1. Claimant: Ernest Lewis Williams Williams Date "Recei ved: March 25, 1991 Date of Incident: February 24, 1991 Location of Incident: 4310 Avenue J Estimate of Damages/ Injuries: $525.00 Nature of Incident: Claimant alleges damages to property as result of fire truck getting stuck in wet dirt. William 4. Pav- 2. Claimant: William J. Pavl i ska, Jr. 1 i ska, Jr. Date Recei ved: March 25, 1991 Date of Incident: March 4, 1991 Location of Incident: 7400 Meadowbrook Lane Estimate of Damages/ Injuries: $725.77 - $807.82 Nature of Incident: Claimant alleges damages to vehicle as result of accident involving City -owned vehicle (Water Department). Randy D. Moore 3. Claimant: Randy D. Moore Date Received: March 26, 1991 Date of Incident: March 4 - March 8, 1991 Location of Incident: Intersection of Crowley Road, James Street at I-20 Estimate of Damages/ Injuries: $471.53 - $586.35 Nature of Incident: Claimant alleges damages to vehicle as result of work being done on stop light mechanisms. Carl David Sessums 4. Claimant: Carl David Sessums, Jr. Jr. Date Received: March 26, 1991 Date of Incident: March 17, 1991 Location of Incident: 7321 Savoy Drive, #1104 Estimate of Damages/ Injuries: $50.00 - $135.00 Nature of Incident: Claimant alleges damages sustained as result of not being notified immediately upon recovery of stolen vehicle. Lone Star Gas 5. Claimant: Lone Star Gas Company (Jim Horn) Company (Jim Horn ) Date Received: March 27, 1991 Date of Incident: January 22, 1991 Location of Incident: 2902 Lee Estimate of Damages/ Injuries: $285.21 Nature of Incident: Claimant alleges damages to property. Orlando Industrial 6. Claimant: Orlando Industrial Properties, Inc. (Howard Properties, Inc. Prim) ( Howard Prim) Date Received: March 27, 1991 Date of Incident: March 12, 1991 Location of Incident: Quail Ridge Apartments, 4500 Brentwood Stair Estimate of Damages/ Injuries: • $2,700.00 Nature of Incident: Claimant alleges damages to property as result of police action. Mark Luther Gibbon 7. Cl aimant: Mark Luther Gibbons Date Received: March 27, 1991 Date of Incident: January 27, 1991 Location of Incident: Bike Path in Trinity Park Estimate of Damages/ Injuries: $300.00 Nature of Incident: Claimant alleges injuries sustained as the result of striking a steel cable crossing bike path. M&C OCS-262 adopte It was the consensus of the City Council that the recommendation be adopted. M&C OCS-263. There was presented Mayor and Council Communication No. OCS-263 from the Office of Correspondence froi the City Secretary recommending that correspondence from Mr. Paul D. Williams, Vice Mr. Paul D. President of TU Electric, advising the City Council that TU Electric had filed an Williams filed an application with the Public Utility Commission of Texas seeking authority to refund to application with the Public Utility its customers an over -recovery of fuel costs revenues in the amount of $50,029,666.00 Commission of Teta as of February 28, 1991, be accepted and filed for record and that correspondence from refund to customer Mr. Gene Lawrence regarding alleged deteriorated, unkept properties located in the Minutes of City Council R-3 Page 324 &C OCS-263 con. 1400, 1500 and 1600 blocks of South Freeway and in particular 1604 South Freeway, requesting the immediate attention of the City of Fort Worth, be referred to the City Manager's Office. It was the consensus of the City Council that the recommendation be adopted. Benefit Hearing It was the consensus of the City Council that Mayor and Council Communication BH -0047 withdrawn No. BH -0047, benefit hearing for the assessment paving of Exeter Street from Vickery from agenda Boulevard to East Terrell Avenue, be withdrawn from the agenda. It appearing to the City Council that the City Council on March 5, 1991, set today as the date for the benefit hearing in connection with the assessment paving of East Seminary Drive from Berke Road to 108 feet east of Carter Park Lane and that notice of a hearing has been given by publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, Texas, on March 8, 11, and 12, 1991, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public re BH -0048 Works, appeared before the City Council and advised the City Council that the independent appraisal performed by Mr. Robert Martin substantiates that, as a result of the proposed construction, each parcel of adjacent property will be enhanced in value in excess of the amount assessed for the improvements; that the independent appraisal report has been submitted to the City Council; that Mr. Robert Martin is available for questioning; and called attention of the City Council to Mayor and Council Communication No. BH -0048, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF E. SEMINARY DRIVE FROM BERKE ROAD TO 108' E. OF CARTER PARK LANE (PROJECT NO. 67-040178) RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abutting property is specially benefited in enhanced value in excess of the amount assessed for the improvement of E. Seminary Drive from Berke Road to 108' E. of Carter Park Lane. DISCUSSION: The 1986 Capital Improvement Program approved in March, 1986 included funds for the improvement of E. Seminary Drive from Evans Avenue to Berke Road. In response to complaints from area residents, Councilwoman Webber authorized the use of District 8 Undesignated funds to extend the project from Berke Road to the bridge at Sycamore Creek some 100 feet east of Carter Park Lane. The existing street consists of HMAC pavement in poor condition with curb and gutter. It has previously been constructed to City standards. There are no one- or two-family residences on this section of the street. All adjoining properties are being assessed. On March 5, 1991 (M&C G-9062), the City Council established April 2, 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: It is proposed to improve this segment of E. Seminary Drive by constructing a standard concrete pavement with standard curb over a cement stabilized subgrade. The finished roadway width will be variable (60' minimum) on a variable width right-of-way. Standard concrete driveway approaches and sidewalks 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 $80,875.81 (21%) for the property owners and $301,924.19 (79%) 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: There are no unusual situations on this proejct which require special Council consideration. Minutes of City Council R-3 Page 325 &G��048- cont. Council Member Chappell advised the City Council of his credit card interest with NCNB Texas National Bank. Mayor Pro tempore Garrison advised the City Council of his conflict of interest on Mayor and Council Communication No. BH-0048 involving property owned by NCNB Texas National Bank and disqualified himself from voting. Council Member Webber advised the City Council of her conflict of interest on Mayor and Council Communication No. BH -0048 involving NCNB Texas National Bank and disqualified herself from voting. There being no one else present desiring to be heard in connection with the assessment paving of East Seminary Drive from Berke Road to 108 feet east of Carter Park Lane, Council Member Chappell made a motion, seconded by Council Member Meadows, that the hearing be closed and that the assessments levied as recommended. 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, Gilley, Meadows, and Chappell NOES: None ABSENT: None NOT VOTING: Mayor Pro tempore Garrison; Council Member Webber ntroduced an Council Member Chappell introduced an ordinance and made a motion that it be r dinance adopted. The motion was seconded by Council Member Meadows. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Council Members Zapata, Granger, McCray, Gilley, Meadows, and Chappell NOES: None ABSENT:. None NOT VOTING: Mayor Pro tempore Garrison; Council Member Webber The ordinance, as adopted, is as follows: ORDINANCE NO. 10814 rdinance No. 0814 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF EAST SEMINARY DRIVE FROM BERKE ROAD TO ONE -HUNDRED AND EIGHT FEET EAST OF CARTER PARK LAND, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN CITY OF FORT WORTH; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF, PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING TO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. &C G-9089 re There was presented Mayor and Council Communication No. G-9089 from the City emporarily close Manager stating that the Public Events Department entered into a three-year agreement res tline Road on January 1990 with the Region IX Arabian Horse Club to host its championship show; ro m Gendy Street that this would require "stalling" up to 300 horses in the livestock barns on the south nd Harley Street side of the 3200, 3300 and 3400 block of Crestline; that, to facilitate the safe movement of these horses to the show arenas within Will Rogers Memorial Center, the Public Events Department is requesting the closure of Crestline Road from Gendy Street to Harley Street (through Will Rogers Complex) from Monday, June 10, 1991, through Monday, June 17, 1991; and recommending that the City Council approve the request of the Public Events Department to close Crestline Road between Gendy Street and Harley Street for the International Arabian Horse Association Region IX Championship Show on June 10, 1991, through June 17, 1991. It was the consensus of the City Council that the recommendation be adopted. &C G-9090 re I There was presented Mayor and Council Communication No. G-9090 from the City ay me n t to the Manager stating that Fort Worth Independent School District filed a lawsuit as subrogee ort Worth Indepenlagainst the City of Fort Worth to recover for those sums paid in worker's compensation nt School Distric benefits to its employee which were incurred as a result of a school bus/automobile accident with a police unit which occurred on October 6, 1988; that, while admitting no liability but to avoid further and costly litigation, a settlement agreement was negotiated to settle this lawsuit for $19,459.07; that the Risk Management Department and the Department of Law recommends payment in the amount specified to effect settlement of this matter; stating that funds are available in Insurance Fund FE71, Minutes of City Council R-3 Page 326 M&C G-9090 cont. Center No. 0157120, Account No. 534050; and recommending that the City Council authorize payment in the amount of $19,459.07 plus taxable court costs to the Fort Worth Independent School District to effect settlement of the subrogation rights in the lawsuit styled Jamie G. Grimes, Plaintiff, versus Michael Baldwin and City of Fort Worth, Defendants, Cause Number 96-130749-90. Council Member Chappell requested permission of the City Council to abstain from voting on Mayor and Council Communication No. G-9090 involving the Fort Worth Independent School District. Council Member Meadows made a motion, seconded by Mayor Pro tempore Garrison, that Council Member Chappell be permitted to abstain from voting on Mayor and Council Communication No. G-9090. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Gilley made a motion, seconded by Council Member Granger, that Mayor and Council Communication No. G-9090 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, Gilley, Meadows, and Webber NOES: None ABSENT: None M&C G-9092 re There was presented Mayor and Council Communication No. G-9092 from the City payment settlement Manager stating that Bruce and Jaunell Perry in October 1990 filed a lawsuit styled Bruce Perry and Bruce Perry and Jaunell Perry, Plaintiffs, versus Roy Contreras, Jr., and the City of Jaunell Perry Fort Worth, Defendants, to recover their injuries and property damage received as a result of an automobile accident with a City dump truck which occurred on January 20, 1989; that, while admitting no liability but to avoid further and costly litigation, a settlement agreement was negotiated to settle the lawsuit for $82,500.00; stating that funds are available in Insurance Fund FE71, Center No. 0157120, Account No. 534050; and recommending that the City Council authorize payment in the amount of $82,500.00 plus taxable court cost to the Plaintiffs, Mr. and Mrs. Bruce Perry, and their attorney to effect settlement in this cause of action. It was the consensus of the City Council that the recommendation be adopted. M&C G-9093appointment re There was presented Mayor and Council Communication No. G-9093 from the City r.James of Manager stating that City Ordinance No. 7280 establishes the Department of Finance and Mr. James R. Keyes provides for the Cit Treasurer to be as City Treasurer p y appointed by the City Manager and confirmed by the City Council; and recommending that the City Council confirm the City Manager's appointment of James R. Keyes to the position of City Treasurer effective April 1, 1991. On motion of Council Member Gilley, seconded by Council Member Chappell, the recommendation was adopted. M&C G-9094 re There was presented Mayor and Council Communication No. G-9094 from the City Weed abatement Manager, as follows: SUBJECT: ADOPTION OF ORDINANCE AMENDING WEED ABATEMENT PROCEDURES IN CHAPTER 11A, APPENDIX B, OF THE CITY CODE RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance which will codify additional legal processes for the filing of weed liens and abatement procedures, and; 2. Reaffirm establishment of the administrative fee for cutting weeds is in the amount of $200. DISCUSSION: Chapter 11A of the Code of the City of Fort Worth presently provides abatement procedures when property owners do not voluntarily comply with Minutes of City Council R-3 Page 327 NOT VOTING: Council Member Chappell M&C G-9091 re payment settlement There wast resened Mayor and Council Communication No. waspresented G-9091 from the City Mickey and Marie Manager stating that Mickey and Marie Hill filed lawsuit against the City of Fort Worth hill, and rose Ann and Miracle Recreation Company in August 1987 to recover for injuries to their Hill daughter, Rose Ann Hill, received as a result of an accident involving playground equipment at Sandy Lane Park which occurred on July 21, 1985; that, while admitting no liability but to avoid further and costly litigation, a settlement agreement was negotiated to settle this lawsuit for $7,500.00 plus costs; stating that funds are available in Insurance Fund FE71, Center No. 0157120, Account No. 534050; and recommending that the City Council authorize payment in the amount of $7,500.00 to the Plaintiffs and their attorney plus taxable court costs and attorney ad litem fees to effect settlement in cost of action. It was the consensus of the City Council that the recommendation be adopted. M&C G-9092 re There was presented Mayor and Council Communication No. G-9092 from the City payment settlement Manager stating that Bruce and Jaunell Perry in October 1990 filed a lawsuit styled Bruce Perry and Bruce Perry and Jaunell Perry, Plaintiffs, versus Roy Contreras, Jr., and the City of Jaunell Perry Fort Worth, Defendants, to recover their injuries and property damage received as a result of an automobile accident with a City dump truck which occurred on January 20, 1989; that, while admitting no liability but to avoid further and costly litigation, a settlement agreement was negotiated to settle the lawsuit for $82,500.00; stating that funds are available in Insurance Fund FE71, Center No. 0157120, Account No. 534050; and recommending that the City Council authorize payment in the amount of $82,500.00 plus taxable court cost to the Plaintiffs, Mr. and Mrs. Bruce Perry, and their attorney to effect settlement in this cause of action. It was the consensus of the City Council that the recommendation be adopted. M&C G-9093appointment re There was presented Mayor and Council Communication No. G-9093 from the City r.James of Manager stating that City Ordinance No. 7280 establishes the Department of Finance and Mr. James R. Keyes provides for the Cit Treasurer to be as City Treasurer p y appointed by the City Manager and confirmed by the City Council; and recommending that the City Council confirm the City Manager's appointment of James R. Keyes to the position of City Treasurer effective April 1, 1991. On motion of Council Member Gilley, seconded by Council Member Chappell, the recommendation was adopted. M&C G-9094 re There was presented Mayor and Council Communication No. G-9094 from the City Weed abatement Manager, as follows: SUBJECT: ADOPTION OF ORDINANCE AMENDING WEED ABATEMENT PROCEDURES IN CHAPTER 11A, APPENDIX B, OF THE CITY CODE RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance which will codify additional legal processes for the filing of weed liens and abatement procedures, and; 2. Reaffirm establishment of the administrative fee for cutting weeds is in the amount of $200. DISCUSSION: Chapter 11A of the Code of the City of Fort Worth presently provides abatement procedures when property owners do not voluntarily comply with Minutes of City Council R-3 Page 327 34ti :) TUESDAY. APRIL 2. 1991 M&C G-9094 cont. cutting high grass and weeds on private property. However, some additional procedures used by the City are informal. The proposed ordinance revisions would: 1. Constitute the Mayor's designation of the Director of City Services or the Superintendent of the Code Enforcement Division as the municipal official responsible for filing with the County Clerk a statement of expenses incurred to abate property conditions; 2. Establish procedures for an administrative due process hearing for those property owners who dispute the liability or amount of abatement expenses; and 3. Establish that an administrative fee is a part of the abatement expenses of having work performed. On May 10, 1983 by M&C G-5621, City Council approved establishing an amount of $200 for the weed cutting administrative fee. It is recommended that amount be reaffirmed. Mr. Ramon Guajardo Mr. Ramon Guajardo, Assistant City Manager, advised the City Council that re M&C G-9094 Mayor and Council Communication No. G-9094 establishes a due process for citizens to be heard when they have been invoiced for mowing of property owned by said citizens. On motion of Council Member Gilley, seconded by Council Member Granger, the recommendations, as contained in Mayor and Council Communication No. G-9094, were adopted. Introduced an Council Member Gilley introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Granger. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: None NOT VOTING: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10815 10815 AN ORDINANCE AMENDING ARTICLE II OF APPENDIX B, CHAPTER 11A OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY AMENDING SECTION 11A-10 WHICH PROVIDES PROCEDURES FOR ABATEMENT OF HIGH GRASS AND WEED VIOLATIONS BY THE CITY, COSTS OF ABATEMENT TO BE LIEN; BY ADDITION SECTION 11A-11 WHICH PROVIDES AN ADMINISTRATIVE PROCEDURE FOR DISPUTED OR CONTESTED COSTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 7. This ordinance shall taken effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C G-9095 re There was presented Mayor and Council Communication No. G-9095 from the City appt. newly elect- Manager stating that the City Council on February 26, 1991, appointed themselves to ed City Council serve as members of the City Charter Review Committee; that, in addition, each of the City Charter Re- members would appoint an alternate to attend meetings in the absence of the Committee view Committee Members; that the City Charter Review Committee held its first meeting on Tuesday, March 26, to identify items to be considered and to review the Committee's work schedule; that, in order to allow ample time for citizen participation in the revision of the Single -member City Council District Plan, the Committee reviewed an 11 -week plan beginning on April 1, 1991, to allow for dissemination of information to citizens in scheduling hearings or citizens redistricting plans; that this process would extend beyond the May 4 City Council election; that, since most of Phase I (determination of number of City Council districts) steps will be conducted prior to Minutes of City Council R-3 Page 328 3"9 &C G-9095 cont. the City Council election, the current committee members will have sat through hearings and reviewed citizen plans for increasing or maintaining the same number of single -member, City Council districts; and recommending that the Mayor and City Council appoint the newly -elected City Council members to serve on the City Charter Review Committee, in addition to the current members and their designated alternates appointed on February 26, 1991, with the new City Council members to officially become members of the Committee on the day they are sworn in as City Council Members after the May 4, 1991 elections. On motion of Council Member Gilley, seconded by Council Member Meadows, the recommendation was adopted. &C P-4837 with- It was the consensus of the City Council that Mayor and Council Communication rawn No. P-4347, Repairs of Hardwood Floors at the R. D. Evans Recreation Center and and Company the Meadowbrook Recreation Center, be withdrawn from the agenda. &C P-4846 re urchase agreement There was presented Mayor and Council Communication No. P-4846 from the City Manager submitting a tabulation of bids received for a four-year lease purchase or resource manage e n t software agreement for resource management software for Information Systems and Services to provide repair and replacement parts for Davey air compressor and Eagle purification Department; stating that funds were available in General Fund GGO1, Center No. 0044000, Account No. 537100; and recommending that the lease purchase agreement be authorized 1992. It was the consensus of the City Council that the recommendations be adopted. with Boole and Babbage, Inc., on its low bid of $700.00 per month. It was the urchase of concrett consensus of the City Council that the recommendation be adopted. &C P-4847 re There was presented Mayor and Council Communication No. P-4847 from the City urchase on sole Manager stating that the City Council approved Mayor and Council Communication o urce No. G-9063 on March 5, 1991, for the purchase of modular office furniture and equipment for the Finance Department/Cash Management Division; that a supplemental appropriation was authorized on that date increasing estimated receipts in General Fund, Account No. 441123, Center No. 0134010 by $15,000.00 and appropriating the same amount to General Fund, Account No. 541370, Center No. 0134030, Finance Department/Cash Management; that the Cash Management Section was to use this appropriation for purchasing furniture and equipment for the Central Depository; stating that funds are available in General Fund GGO1, Center No. 0134030, Account No. 541370; and recommending that the City Council authorize the purchase on a sole -source basis of a reconditioned NCR 7760 single pocket encoding machine from Specialty Service Company for $6,500.00 and modular office furniture from Goldsmiths, Incorporated, for $7,592.97. On motion made by Council Member Gilley and seconded by Council Member Meadows, the recommendation, as contained in Mayor and Council Communication No. P-4847, as amended, was approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. There was presented Mayor and Council Communication No. P-4848 from the City &C P-4848 re Manager stating that the Fire Department has requested that seven surplus M.S.A. 401 ale of surplus breathing apparatus be sold to the Mayhill Fire Department; that proceeds from the sale ity equipment will be deposited in General Fund GG01, Center No. 0361000, Account No. 481272; and recommending that City Council authorize the sale of surplus City equipment to the Mayhill Fire Department for $1,200.00. It was the consensus of the City Council that the recommendation be adopted. &C P-4849 re There was presented Mayor and Council Communication No. P-4849 from the City urchase agreement Manager stating that the City Council authorized a one-year purchase agreement with a ith Ingersall-- one-year option to renew on March 20, 1990, by Mayor and Council Communication and Company No. P-4123 to Ingersoll-Rand for parts for Davey air compressor and Eagle air purification systems used by the Fire Department; that funds are available in General Fund GG01, Center No. 0363020, Account No. 539120; and recommending that the City Council exercise its option to renew the purchase agreement with Ingersoll-Rand Company to provide repair and replacement parts for Davey air compressor and Eagle purification systems for the Fire Department based on dealers' list price net, f.o.b., Fort Worth, Texas, with term of agreement to become effective March 20, 1991, and end March 19, 1992. It was the consensus of the City Council that the recommendations be adopted. &C P-4850 re There was presented Mayor and Council Communication No. P-4850 from the City urchase of concrett Manager submitting a tabulation of bids received for the purchase of concrete sawblades aw blades for the Transportation and Public Works Department; stating the purchases will be charged to General Fund GG01, Account No. 141273; and recommending that the purchase be made from Bluebonnet Supply Company on its low bid, meeting City specifications, of $9,680.00 net, f.o.b., Fort Worth. It was the consensus of the City Council that the recommendation be adopted. &C P-4851 re urchase agreement There was presented Mayor and Council Communication No. P-4851 from the City o provide 50 per- Manager stating that the City Council authorized a one-year purchase agreement with a ent hydrogen per- one-year renewal option on May 29, 1990, by Mayor and Council Communication No. P-4304 xide with DeGussa Corporation to provide 50 percent hydrogen peroxide; that the service rendered has been satisfactory; that staff has requested the last option to be renewed be exercised; that DeGussa Corporation has agreed to maintain unit prices as originally bid; that the Water Department will use this hydrogen peroxide in the treatment of wastewater; stating that budgeted funds are sufficient to cover the anticipated expenditure by the department; and recommending that the City Council exercise the last option for renewal of the purchase agreement with DeGussa Corporation to provide 50 percent hydrogen peroxide on its low bid of $688.00 per ton, with term of agreement Minutes of City Council R-3 Page 329 330 TUESDAY, APRIL 2, 1991 M&C P-4851 cont. to begin May 29, 1991, and expire May 28, 1992. It was the consensus of the City and adopted Council that the recommendations be adopted. M&C P-4852 re There was presented Mayor and Council Communication No. P-4852 from the City purchase agreement Manager submitting a tabulation of bids received for an annual purchase agreement for for Ni cad batteri a Ni cad batteries for Information Systems and Services Department, Electronics Division; stating that purchases will be charged to General Fund GGO1, Subsidiary Account No. 159019, and Trust Fund FE72, Center No. 035535000000, Account No. 524010; and recommending that the purchase agreement be authorized with the Ericsson GE Mobile Communication on its low bid of $49.00 each net, f.o.b. Fort Worth, Texas, with agreement beginning March 26, 1991, and ending March 26, 1992. It was the consensus of the City Council that the recommendation be adopted. M&C P-4853 re There was presented Mayor and Council Communication No. P-4853 from the City purchase agreement Manager stating that the City Council authorized a purchase agreement with Stephens with Stephens Equipment Company on April 4, 1989, by Mayor and Council Communication No. P-3378 for Equipment Company lease of ice machines for various City departments; that the City Council exercised the first option to renew on February 27, 1990, by Mayor and Council Communication No. P-4063; that the current agreement is due to expire April 4, 1991; that, after conversation with suppliers, it appears the best interest of the City would be served by rebidding the agreement; stating that budgeted funds are sufficient to cover the anticipated expenditure; and recommending that the City Council authorize the amendment of Mayor and Council Communication No. P-4063 for an extension of the current purchase agreement with Stephens Equipment Company for the lease of ice machines for various departments to expire on September 30, 1991. It was the consensus of the City Council that the recommendation be adopted. &C P-4854 re There was presented Mayor and Council Communication No. P-4854 from the City urchase agreement Manager submitting a tabulation of bids received for a purchase agreement to provide ith Gohmann hot mix/cold lay asphalt for various City departments; stating that budgeted funds are sphalt sufficient to cover the anticipated expenditure; and recommending that a purchase agreement with authorized with Gohmann Asphalt on its low bid of unit price of $19.50 per ton and that all City departments be authorized to use the agreement, if needed, with the agreement period beginning April 3, 1991, and ending April 2, 1992. It was the consensus of the City Council that the recommendations be adopted. &C P-4855 re There was presented Mayor and Council Communication No. P-4855 from the City ole source agree- Manager stating that the City Council authorized the purchase of the automatic call en t with Drake distribution system on August 29, 1989, from Drake Communications, Inc., to serve the omm unica tions, Customer Service Division of the Water Department; that the Division receives virtually nc. all telephone inquiries from complaints concerning new service, bill amounts, etc; that establishment of the maintenance agreement will enable Drake Communications, Inc., to continuously serve the automatic call distribution system; stating that funds are available in Water and Sewer Operating Fund PE45, Center No. 0604001, and Center No. 0704001, Account No. 539120; and recommending that the City Council authorize a one-year sole source agreement with the Drake Communications, Inc., for maintenance of the automatic call distribution system utilized by the Water Department for a total cost of $5,890.00; with the agreement to become effective October 1, 1990, and end September 30, 1991. It was the consensus of the City Council that the recommendations The adopted. &C P-4856 re There was presented Mayor and Council Communication No. P-4856 from the City urchase of Manager submitting a tabulation of bids received for the purchase of street light arms treet light arms for the Transportation and Public Works Department; stating that purchases will be charged to General Fund GGO1, Subsidiary Account No. 141723; and recommending that the purchase be made on low -bid -unit prices, meeting City specifications, from Bluebonnet Supply and Smith Steel Fabrication for a total amount of $27,930.50. It was the consensus of the City Council that the recommendation be adopted. &C P-4857 re I There was presented Mayor and Council Communication No. P-4857 from the City urchase of pipe Manager submitting a tabulation of bids received for the purchase of pipe cutters for utters the Water Department; stating that funds are available in Water and Sewer Operating Fund PE45, Inventory Subsidiary Account No. 141279; and recommending that the purchase be made from Atlas Utility Supply Company on its low bid of $11,475.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. &C P-4858 re There was presented Mayor and Council Communication No. P-4858 from the City urchase agreemen t Manager submitting a tabulation of bids received for a purchase agreement to provide ith G & S Company I janitorial service for the Police Department with two options to renew for an additional year; stating that funds are available in General Fund GGO1, Police Special Operations Center No. 0356300, Account No. 536010; and recommending that the purchase agreement be authorized with G & S Company on its low bid, meeting specifications, of $720.00 per month, not to exceed $8,640.00 annually, net, f.o.b. Fort Worth, Texas, with the term of agreement to begin April 1, 1991, and end March 31, 1992, with two one-year renewal options. It was the consensus of the City Council that the recommendations be adopted. &C L-10460 re There was presented Mayor and Council Communication No. L-10460 from the City quisition�ofFland: Manager recommending that the City pay a total consideration of $415.00 for an irregularly-shaped parcel of land 5.35 feet in depth out of Lot 4, Block 2, Nies and Rouse Addition, as recorded in Volume 6298, Page 363, Deed Records, Tarrant County, Minutes of City Council R-3 Page 330 333 - TUESDAY APRIL 2 1991 &C L-10460 cont. Texas; same being on the north side of the existing East First Street and 50 feet in length; located at 2713 East First Street; owned by Willie Buggs; and required for reconstruction of East First Street from Sylvania to Riverside. It was the consensus of the City Council that the land be acquired as recommended and that the expenditure be charged to Street Improvement Fund GS67, Center No. 016670402250, Account No. 541100. M&C L-10461 re acquisition of There was presented Mayor and Council Communication No. L-10461 from the City land Manager recommending that the City pay a total consideration of $400.00 for an irregularly-shaped g y -shaped parcel of land 5.93 feet in depth out of Lot 5, Block 2, Nies and Rouse Addition, as recorded in Volume 3605, Page 159, Deed Records, Tarrant County, Texas; same being 50 feet in length and lying on the north side of the existing East First Street; located at 2717 East First Street; owned by Manuel B. Mays and Bertha Mae Mays; and required for reconstruction of East First Street from Sylvania to Riverside. It was the consensus of the City Council that the land be acquired as recommended and that the expenditure be charged to Street Improvement Fund GS67, Center No. 016670402250, Account No. 541100. M&C L-10462 re underground public There was presented Mayor and Council Communication No. L-10462 from the City utility easements Manager, as follows: SUBJECT: ACCEPTANCE AND EXECUTION OF UNDERGROUND PUBLIC UTILITY EASEMENTS TO SERVE LOT 1, BLOCK 1, AMERICAN AIRLINES AFW MAINTENANCE BASE AT ALLIANCE AIRPORT; OWNER HILLWOOD/1358 LTD. RECOMMENDATION: It is recommended that the City Council authorize acceptance and execution of an underground utility easement to serve Lot 1, Block 1, American Airlines AFW Maintenance Base from Hillwood/1358, Ltd.: 1. Project Name Underground Public Utility Easement Agreements at Alliance Airport 2. ape of Acquisition: Dedication/Underground Public Utility Easement Agreements 3. Description of Land: Tract 1 A rectangularly shaped parcel of land 20 feet in depth and approximately 2066.87 feet in length located across the northerly line of Tract 2C, G. Overton Survey, Abstract No. 972, as recorded in Volume 2628, Page 886, Deed Records, Tarrant County, Texas. This parcel of land contains approximately 40,079 square feet as required for an underground public utility easement. 4. 5. Tract 2 A rectangularly shaped parcel of land 20 feet in depth and approximately 753.50 feet in length located across the northerly line of Tract 1B and 1A, G. Overton Survey, Abstract No. 972, as recorded in Volume 2512, Page 471, Deed Records, Tarrant County, Texas. This parcel of land contains approximately 13,987 square feet as required for an underground public utility easement. Square Feet: 40,079 - TR. 1 13,987 - TR. 2 Parcel No.: 1 Zoning: "K" Heavy Industrial Supplemental Information It is necessary that the City enter into this easement with Hillwood/1358, Ltd., for the purpose of installing, using, maintaining water, underground sewer, underground electric, underground telephone and/or underground drainage facilities. The City will not incur any expenses in the acceptance of this easement. Consideration 1.00 Location East of Highway F.M. 156 and South of Eagle Parkway 6. Owner Hillwood/1358, Ltd. (Hillwood Holding Corporation, Ross Perot, Jr.) 7. Financing Sufficient funds are available in New Development Fund GS90, Center No. 016900951070. Expenditures will be made from Account No. 541100. Minutes of City Council R-3 Page 331 33 2 &C L-10462 cont. It was the consensus of the City Council that the recommendation, as contained in Mayor nd adopted and Council Communication No. L-10462, be adopted. &C L-10463 re There was presented Mayor and Council Communication No. L-10463 from the City cquisition of land Manager recommending that the City pay a total consideration of $390.00 for an L-shaped tract of land from east and north property line of Lots 1 and 2, Block 5, Stallcup Addition, as described in Volume 1489, Page 549, Deed Records, Tarrant County, Texas; being 10 feet in width and 100 feet in length; located at 1804 Vera Street; owned by T. H. Dansby et ux Clara A. Dansby; and required for reconstruction of Vera Street from. Dunbar to Calumet Street. It was the consensus of the City Council that the land be acquired as recommended and that the expenditure be charged to Street Improvement Fund GS67, Center No. 016670402200, Account No. 541100. &C L-10464 re There was presented Mayor and Council Communication No. L-10464 from the City cquisition of land Manager recommending that the City pay a total consideration of $455.00 for an irregularly-shaped tract of land from the west property line of Lot 3, Block 7, Stallcup Addition, as described in Volume 7624, Page 1131, Deed Records, Tarrant County, Texas; being 10 feet in width on the south side and 100 feet in length; located at 5000 Willie Street; owned by Favor Dennis; and required for reconstruction of Vera Street from Dunbar Street to Calumet Street. It was the consensus of the City Council that the land be acquired as recommended and that the expenditure be charged to Street Improvement Fund GS67, Center No. 016670402200, Account No. 541100. &C L-10465 re There was presented Mayor and Council Communication No. L-10465 from the City cquisition of land Manager recommending that the City pay a total consideration of $400.00 for a rectangularly -shaped strip of land from the west property line of Lot 5, Block 6, Stallcup Addition, as described in Volume 5430, Page 34, Deed Records, Tarrant County, Texas; being 10 feet in width and 100 feet in length; located at 1813 Vera Street; owned by Horace Walker et ux Elvon; and required for the reconstruction of Vera Street from Dunbar Street to Calumet Street. It was the consensus of the City Council that the land be acquired as recommended and that the expenditure be charged to Street Improvement Fund GS67, Center No. 016670402200, Account No. 541100. &C L-10466 re There was presented Mayor and Council Communication No. L-10466 from the City cquisition of land Manager recommending that the City pay a total consideration of $366.00 for an L-shaped strip of land from the west property line of Lots 1 and 2, Block 6, Stallcup Addition, as described in Volume 388, Page 25, Deed Records, Tarrant County, Texas; being 10 feet in width and 92 feet in length; located at 1800 Vincennes Street; owned by George W. Pope et ux Willie E. Pope; and required for reconstruction of Vera Street from Dunbar Street to Calumet Street. It was the consensus of the City Council that the land be acquired as recommended and that the expenditure be charged to Street Improvement Fund GS67, Center No. 016670402200, Account No. 541100. &C L-10467 re There was presented Mayor and Council Communication No. L-10467 from the City cquisition of land Manager recommending that the City pay a total consideration of $522.00 for a rectangularly shaped strip of land from the west property line of Lots 1, 2, and 3, Block 1, Stallcup Addition, as described in Volume 6786, Page 1753, Deed Records, Tarrant County, Texas; being 10 feet in width and 174 feet in length; located at 1700 Vincennes Street; owned by Ulysses Jones et ux Geneva Jones; and required for reconstruction of Vera Street from Dunbar Street to Calumet Street. It was the consensus of the City Council that the land be acquired as recommended and that the expenditure be charged to Street Improvement Fund GS67, Center No. 016670402200, Account No. 541100. &C L-10468 re greement and co- There was presented Mayor and Council Communication No. L-10468 from the City enant to construct Manager stating it is necessary that the City enter into a covenant and agreement with ments over Don -Taw Construction, Inc., to allow the owner to have improvements over the existing xistin xis ting 10 -foot drainage facilities and to cover the maintenance, responsibilities, and liabilities rainage and regarding said facilities; that the Department of Law and Department of Transportation tility easement and Public Works have reviewed this agreement and concur with the necessary g y requirements; stating that funds are available in Street Improvement Fund GS67, Center No. 016670951070, Account No. 541100; and recommending that the City Manager be authorized to execute a covenant and agreement covering a portion of Lots 111 and 112, Block 1-R, Chapel Creek Addition allowing the property owner, Don -Taw Construction, Inc., to construct improvements over an existing 10 -foot drainage and utility easement. It was the consensus of the City Council that the recommendation be approved. &C L-10469 re There was presented Mayor and Council Communication No. L-10469 from the City ayment to Willace Manager stating that, under regulations issued by the Department of Transportation . hill for re- -Federal Aviation Administration pursuant to the Uniform Assistance and Real Property ocation expenses Acquisition Act of 1970, as amended, Chapter 5, Section 1, owners of real property acquired with Federal funds must be compensated by the City for certain expenses incidental to relocation; that among these expenses is "Replacement Housing Payments", and, under Chapter 7, Section 1, an owner -occupant is entitled to a payment for the amount by which the cost of replacement comparable dwelling exceeds the City's acquisition cost; that City staff located a comparable dwelling that will cost $170,000.00 plus incidental expenses not to exceed a total of $500.00; that the City Council previously authorized $95,651.00 for the dwelling and one acre of land; that the owner thus is entitled to a total relocation payment of $74,849.00; that funds are available in Grant Fund GR76, Center No. 016218600070, Account No. 541100; and recommending that the City Manager be authorized to make a payment not to exceed Minutes of City Council R-3 Page 332 X3:33 M&C L-10469 cont.; $74,849.00 to Willace D. Hill as settlement due in connection with this relocation and adopted expenses incurred or to be incurred. It was the consensus of the City Council that the recommendation be adopted. M&C C-12783 re There was presented Mayor and Council Communication No. C-12783, dated March 26, contract with Firs 1991, from the City Manager, as follows: Southwest Company SUBJECT: CONTRACT WITH FIRST SOUTHWEST COMPANY FOR FINANCIAL ADVISORY RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with First Southwest Company to provide professional services in the capacity of Financial Advisor to the City. DISCUSSION: Prior to 1979, the responsibility for preparing official statements and bid forms, arranging rating agency presentations and structuring debt issuance for the City was jointly exercised by various members of the City staff. Other than engaging a law firm to issue a purchaser's opinion as the tax-exempt status of debt instruments, no other professional services were utilized. In response to increasing complexities of the municipal debt market, on January 30, 1979 (M&C C-4502), the Council authorized the engagement of First Southwest Company to serve as financial advisor to the City. This agreement was extended on July 30, 1985 (M&C C-9162), but has now expired. Professional services such as financial advisory services are exempted from the competitive bid requirements of state statutes; however, staff has compared the quality of service and fee structure under the City's former arrangement with First Southwest and believe it is in the City's best interest to execute a new agreement with this firm. Attached is a copy of the proposed agreement submitted by First Southwest. The fee structure of the proposed contract is the same as that previously used and is as follows: The contract is to be effective for a period of five years and may be extended at the end of the five year term for successive one-year periods, at the option of the City and is cancelable on 30 days written notice with no penalty clause. M&C C-12783 adopte On motion of Mayor Pro tempore Garrison, seconded by Council Member Gilley, the recommendation, as contained in Mayor and Council Communication No. C-12783, was adopted. M&C C-12784 re agreement providin performance of duties of bond counsel by McCall, Parkhust and Horton and Kelly, Hart hnd 'Hallman There was presented Mayor and Council Communication No. C-12784, dated March 26, 1991, from the City Manager as follows: SUBJECT: CONTRACT FOR BOND COUNSEL WITH MCCALL, PARKHURST & HORTON AND KELLY, HART & HALLMAN RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute the attached agreement providing for the performance of the duties of bond counsel by the law firms of McCall, Parkhurst & Horton and Kelly, Hart & Hallman with reference to the issuance of Bonds or Certificates of Obligation. RACKrRMINn- Whenever debt instruments are issued by the City of Fort Worth, the legal complexities of such transactions require outside legal counsel which specializes in these matters. Since 1961 the City has recurringly engaged the firm of McCall, Parkhurst & Horton to perform this service on a per debt issuance basis. In recognition of the regular and continuing need for legal advice and service, the staff believes it is in the best interest of the City Minutes of City Council R-3 Page 333 Size of Debt Issue Fee First $15,000,000* $1.00 per $1,000 Next $15,000,000 $ .75 per $1,000 Over $30,000,000 $ .50 per $1,000 * minimum fee = $10,000 No charges for financial advisory services are incurred unless an actual issuance of debt occurs. The contract is to be effective for a period of five years and may be extended at the end of the five year term for successive one-year periods, at the option of the City and is cancelable on 30 days written notice with no penalty clause. M&C C-12783 adopte On motion of Mayor Pro tempore Garrison, seconded by Council Member Gilley, the recommendation, as contained in Mayor and Council Communication No. C-12783, was adopted. M&C C-12784 re agreement providin performance of duties of bond counsel by McCall, Parkhust and Horton and Kelly, Hart hnd 'Hallman There was presented Mayor and Council Communication No. C-12784, dated March 26, 1991, from the City Manager as follows: SUBJECT: CONTRACT FOR BOND COUNSEL WITH MCCALL, PARKHURST & HORTON AND KELLY, HART & HALLMAN RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute the attached agreement providing for the performance of the duties of bond counsel by the law firms of McCall, Parkhurst & Horton and Kelly, Hart & Hallman with reference to the issuance of Bonds or Certificates of Obligation. RACKrRMINn- Whenever debt instruments are issued by the City of Fort Worth, the legal complexities of such transactions require outside legal counsel which specializes in these matters. Since 1961 the City has recurringly engaged the firm of McCall, Parkhurst & Horton to perform this service on a per debt issuance basis. In recognition of the regular and continuing need for legal advice and service, the staff believes it is in the best interest of the City Minutes of City Council R-3 Page 333 &C C-12784 cont. to enter into a contract for the provision of this service on an ongoing basis and that the service be performed under a co -bond counsel agreement with the firms of McCall, Parkhurst & Horton and Kelly, Hart & Hallman (collectively referred to as "bond counsel"). Professional services such as bond counsel are exempt from the state statutes requiring competitive bidding. Attached is a copy of the proposed agreement which provides for bond counsel services as they relate to the issuance of Bonds and Certificates of Obligations by the City of Fort Worth. Bond counsel services for "on behalf of" issuers of the City (e.g., housing finance or industrial development corporations) will be secured on a case-by-case basis. Under the proposed agreement, fees paid by the City will be shared by the two firms on a 50-50 basis. The fee structure is as follows: There will be a minimum fee of $10,000 per issue of Certificates of Obligations or Bonds; for Certificates of Obligation or Bonds delivered in an aggregate principal amount in excess of $10,000,000 the fee shall be calculated at a rate of $1.00 per $1,000 of the principal amount of Certificates of Obligation or Bonds delivered. Fees are paid only when an issue of debt occurs and are payable out of the proceeds of the sale of debt. The agreement is for a period of five years with provision for subsequent one-year renewals upon agreement by the parties, and is cancelable by any of the parties on thirty days written notice, with no penalty clause. Council Member Meadows advised the City Council he will abstain from voting on Mayor and Council Communication No. C-12784 and filed an affidavit of conflict of interest. Council Member Chappell made a motion, seconded by Council Member Granger, that Mayor and Council Communication No. C-12784 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, Gilley, Webber, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Meadows &C C-12785 re There was presented Mayor and Council Communication No. C-12785 from the City ease agreement Manager stating that Imad T. Hage, dba Eagle International, under City Secretary ith Imad T. Hage Contract No. 17640, leased approximately 430 square feet of carpeted office space on the first floor of the Meacham Airport Terminal Building; that the annual revenue generated is $4,816.00; that the agreement will be for an initial period of six months beginning April 1, 1991, and will expire September 30, 1991, with successive one-year options to renew beginning October 1, 1991, as long as the tenant complies with terms and conditions of the original agreement; that a common commencement date of contracts and adjustment of rental rates maximizes the revenue stream for that fiscal year; that a clause has been incorporated into the lease agreement prohibiting lessee from making alterations or entering into the overhead area of the premises, thereby preventing any disturbance of asbestos; and recommending that the City Manager be authorized to enter into a lease agreement with Imad T. Hage, an individual, dba Eagle International, for first floor office space in the Terminal Building of Fort Worth Meacham Airport. It was the consensus of the City Council that the recommendation be adopted. &C C-12786 re There was presented Mayor and Council Communication No. C-12786 from the City pplubmission of grant Manager stating that the City of Fort Worth has sponsored a summer food program for e xas D d o n toManager of children since 1969; that the Texas Department of Human Services has notified the City ums Dan Services of Fort Worth that $280,873.00 is available for the 1991 lunch program; that 14 sites will operate daily until 5:00 p.m., during the 44 -day program, from June 17, 1991, through August 16, 1991; that, because the program requires daily monitoring of the serving sites, three temporary employees will be hired for this purpose; that salaries will be paid with grant funds; that staff will continue efforts to identify additional community agencies to participate as sites for the program; stating that availability of funds is contingent on grant contract approval by Texas Department of Human Services and that no matching funds are required from the City; and recommending that the City Council authorize the City Manager to: 1. Submit a grant application to the Texas Department of Human Services requesting $280,873 for the Summer Food Service Program for Children in Fort Worth; 2. Accept the grant, if offered, and execute, when approved, the contract with the Texas Department of Human Services for the 1991 Summer Food Service Program; Minutes of City Council R-3 Page 334 Z335 11 TUESDAY, APRIL 2, 1991 3. Apply indirect cost rates in accordance with the City's Administrative M&C C-12786 cont. Regulation 3-15 (18.73% which represents the most recent approved rate for this department); 4. Authorize the Accounting Division of the Finance Department, subject to funding approval and the City Manager's acceptance of the grant, to establish the grant project account in the City of Fort Worth's financial accounting system (for partial payments) upon receipt of an executed contract; and M&C C-12788 re There was presented Mayor and Council Communication No. C-12788 from the City contract with Manager stating that the Golf Division recently was contacted by the firm of Bench Bench Craft Companj Craft Company with a proposal to install 54 tee marker signs on the tee areas of all holes at Pecan Valley and Meadowbrook Golf Courses; that the tee markers will contain the hole number, par, yardage, handicaps, and overhead view of the hold where the tee is to be placed; that the proposed tee markers would be attractive high pressure laminated polyurethane and sealed with an ultraviolet inhibitor for durability; that, in return for the investment undertaken by Bench Craft Company involving art, design, materials, and production costs, the Golf Division would permit an advertising panel to be incorporated into the design of each marker; that no other advertising would be allowed within the tee areas and the Golf Division would retain the right to reject any and/or all advertising displays that were determined to reflect negatively upon the image of the City; that, during the period of the contract, Bench Craft Company agrees to pay the Golf Division $900.00 per year, a total of $4,500.00 for the five-year period, with funds deposited in Golf Fund PE39, Center No. 0804005, Account No. 481153; and recommending that the City Manager be authorized to execute a contract with Bench Craft Company for tee markers at Pecan Valley and Meadowbrook Golf Courses. It was the consensus of the City Council that the recommendation be adopted. M&C C-12789 re 5. Accept such additional funds from the Texas Department of Human Services lease agreement for this grant as may become available. M&C C-12786 adopte It was the consensus of the City Council that the recommendations be adopted. M&C C-12787 re There was presented Mayor and Council Communication No. C-12787 from the City contract with Manager stating that the City Council authorized City Manager to submit grant Bar ton -A schman and applications to the State Department of Highways and Public Transportation on September Associates, Inc. 18, 1990, by Mayor and Council Communication No. G-12504 for the Traffic Management Program; that both of the applications submitted by the City were accepted for funding by the State; that funding will consist of 75 percent State Oil Overcharge funds and a 25 percent local match; that one of the projects will include installing new traffic single controllers and cabinets at 25 selected locations throughout the City; that Sammons will install a cable drop to each location to allow for communication between the traffic signal and the central computer; that the cost of this work is estimated to be $25,000.00; that Baron-Aschman and Associates, Inc., will assist the City staff by Mr. Ramon Guajardo performing intersection traffic counts, "Before" field evaluations, analysis and re M&C C-12789 development of signal timing plans, and "After" field evaluations; stating that funds are available in Street Light and Signal Improvements Fund GS89, Center No. 020890311080, Account No. 531200; and recommending that the City Manager be authorized to execute a contract with Barton-Aschman and Associates, Inc., in an amount not to exceed $30,000.00 to perform engineering services related to the Traffic Management Program, and authorize reimbursement to Sammons Communications for the cost of installing a cable drop to 25 selected intersections. It was the consensus of the City Council that the recommendations be adopted. M&C C-12788 re There was presented Mayor and Council Communication No. C-12788 from the City contract with Manager stating that the Golf Division recently was contacted by the firm of Bench Bench Craft Companj Craft Company with a proposal to install 54 tee marker signs on the tee areas of all holes at Pecan Valley and Meadowbrook Golf Courses; that the tee markers will contain the hole number, par, yardage, handicaps, and overhead view of the hold where the tee is to be placed; that the proposed tee markers would be attractive high pressure laminated polyurethane and sealed with an ultraviolet inhibitor for durability; that, in return for the investment undertaken by Bench Craft Company involving art, design, materials, and production costs, the Golf Division would permit an advertising panel to be incorporated into the design of each marker; that no other advertising would be allowed within the tee areas and the Golf Division would retain the right to reject any and/or all advertising displays that were determined to reflect negatively upon the image of the City; that, during the period of the contract, Bench Craft Company agrees to pay the Golf Division $900.00 per year, a total of $4,500.00 for the five-year period, with funds deposited in Golf Fund PE39, Center No. 0804005, Account No. 481153; and recommending that the City Manager be authorized to execute a contract with Bench Craft Company for tee markers at Pecan Valley and Meadowbrook Golf Courses. It was the consensus of the City Council that the recommendation be adopted. M&C C-12789 re There was presented Mayor and Council Communication No. C-12789 from the City lease agreement Manager stating that the installation of a National Weather Service office, weather with U.S. Govern- radar, and upper air inflation bui1ding at Fort Worth Spinks Airport is a joint project ment sponsored by the Departments of Commerce, Defense, and Transportation to provide Doppler weather radar towers and National Weather Service Data Processing office site, titled Next Generation Weather Radar (NEXRAD); that the size of the parcel to be leased is approximately 2.9 acres, located on the northeast side of Fort Worth Spinks Airport and includes right-of-way access to the leased premises and any utility easements that may be necessary; that the term of the lease shall commence upon execution of the contract and will renew annually for a cumulative term not to exceed 50 years, unless sooner terminated as provided in the lease agreement; that no costs will be incurred by the City; and recommending that the City Manager be authorized to enter into a lease agreement with the U.S. Government for construction and operation of a Weather Service office, weather radar, and upper air inflation building on Fort Worth Spinks Airport. Mr. Ramon Guajardo Mr. Ramon Guajardo, Assistant City Manager, advised the City Council that an re M&C C-12789 act of the United States Congress encouraged cities to provide space at municipal facilities for the U.S. Weather Service, and that all costs for said space is to be paid for by the U.S. Government. On motion of Council Member Gilley, seconded by Council Member Granger, the recommendation, as contained in Mayor and Council Communication No. C-12789, was adopted. M&C C-12790 re There was presented Mayor and Council Communication No. C-12790 from the City contract with Site Manager submitting a tabulation of bids received for wetland mitigation, Henrietta Planning Site De- velopment, Inc. Minutes of City Council R-3 Page 335 33f; TUESDAY, APRIL 2, 1991 M&C C-12790 cont. II Creek from Heritage Parkway to East of I -35W at the south entrance to Alliance Airport; and recommending that the City Council: 1. Adopt the attached supplemental appropriations ordinance increasing appropriations by $47,244 in General Fund GGO1, Non -Departmental -Airport .Transfers Center No. 0909103 and decreasing the unreserved, undesignated fund balance of the General Fund by the same amount; 2. Approve the transfer of $47,244 from General Fund GGO1, Non -Departmental -Airport Transfers Center No. 0909103 to Grant Fund GR76, Center No. 02021861010, Alliance Airport Phase II Construction; and 3. Authorize the City Manager to execute a contract with Site Planning Site Development, Inc., in the amount of $47,243.22 and 36 calendar days, based on Alternate No. 2 to the base bid for Wetland Mitigation, Henrietta Creek from Heritage Parkway to East of I -35W at the south entrance to Alliance Airport. Council Member Granger requested permission of the City Council to abstain from voting on Mayor and Council Communication No. C-12790. Council Member Chappell made a motion, seconded by Council Member Gilley, that Council Member Granger be permitted to abstain from voting on Mayor and Council Communication No. C-12790. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Chappell made a motion, seconded by Council Member Meadows, that Mayor and Council Communication No. C-12790 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, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Granger Introduced an Council Member Chappell introduced an ordinance and made a motion that it be ordinance adopted. The motion was seconded by Council Member Meadows. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Granger The ordinance, as adopted, is as follows: Ordinance no.II ORDINANCE NO. 10816 10816 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE GENERAL FUND GG01, NON-DEPARTMENTAL/AIRPORT, CENTER NO 0909103 OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1990-91 BY $47,244.00 AND DECREASING THE UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT AND APPROPRIATING SAID $47,244.00 TO THE GRANT FUND, GR76, ALLIANCE AIRPORT PHASE II, CENTER NO. 020218601010 SAID FUNDS TO BE USED FOR THE PURPOSE OF ALLIANCE AIRPORT WETLAND MITIGATION, HENRIETTA CREEK TO SITE PLANNING -SITE DEVELOPMENT; 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 taken effect and be in full force and effect from and after the date of its passage, and it is so ordained. Minutes of City Council R-3 Page 336 jWithdrew M&C C- 12791 from agenda M&C FP -2799 re contract with Johnson Brothers Corporation Redistricting Citizen Orienta- tion Fort Worth City Council Candidate Forum Opening of Page Avjet Mr. Charles Boswel re Wrecker dtdver permit Mrs. Minon Benson re grant a vari- ance on her pro- perty Adjourned 337 It was the consensus of the City Council that Mayor and Council Communication No. C-12791, Alliance Airport, Phase II -Change Order No. 32, be withdrawn from the agenda. There was presented Mayor and Council Communication No. FP -2799 from the City Manager stating that the contract with Johnson Brothers Corporation for I-20 Water and Sewer Main Adjustments has been completed in accordance with plans and specifications under Contract No. 17597 awarded to Johnson Brothers Corporation on January 2, 1990; and recommending that the City Council accept as complete the contract with Johnson Brothers Corporation for I-20 Water and Sewer Main Adjustments and authorize final payment in the amount of $136,888.11 to Johnson Brothers Corporation, with funds available in Water Capital Improvement Fund PW09, Retainage Account No 205003, Center No. 000090190030, Retainage Account No. 205000, Center No. 000090190030, and Contract 'Encumbrance No. 17597A, Account No. 541200; and Sewer Capital Improvement Fund PS54, Retainage Account No. 205001, Center No. 000540190010, Retainage Account No. 205000, Center No. 000540190010, and Contract Encumbrance No. 17597B, Account No. 541200. It was the consensus of the City Council that the recommendations be adopted. Mayor Bolen advised the City Council of a redistricting citizen orientation to be held Wednesday, April 3, 1991, at 5:30 p.m., in the Pre -Council Chamber. Council Member Gilley advised the City Council of a Fort Worth City Council Candidate Forum to be held Thursday, April 4, 1991, at 7:00 p.m., at the Fort Worth Independent School District Administration Building. Council Member Zapata advised the City Council that the opening of Page Avjet is to be held Thursday, April 4, 1991, from 5:30 p.m. to 7:30 p.m., at Meacham Field. Mr. Charles Boswell, Assistant City Manager, appeared and advised the City Council that the fee of $20.00 for a wrecker driver permit established July 1987, was increased at the request of the City Council to $50.00 in July 1990. Mrs. Minon,Benson, 3719 Encanto, appeared before the City Council and requested that the City Council grant a variance on her property, located at 4209 Deering Drive. Mrs. Benson was referred to staff. There being no further business, the meeting was adjourned. Minutes of City Council R-3 Page 337 MAYOR