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Home My WebLink About1991/05/14-Minutes-City CouncilCouncil Met embers present eeting called to rder ecess until :00 P.M. CITY COUNCIL MEETING May 14, 1991 On the 14th day of May, 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: Council Members Louis J. Zapata, Eugene McCray, Garey W. Gilley, Virginia Nell Webber, and David Chappell; City Manager David Ivory; City Attorney Wade Adkins; City Secretary Ruth Howard; with no quorum present, at which time the following business was transacted: City Secretary Howard called the meeting to order. There not being a quorum present, City Secretary Howard announced that the meeting will stand in recess until 1:00 p.m. Minutes of City Council R-3 Page 484 445 Tuesday, May 14, 1991 ecessed Meeting RECESSED CITY COUNCIL MEETING May 14, 1991 ounci 1 Met On the 14th day of May, A.D., 1991, at 1:00 p.m., the City Council of the City of Fort Worth, Texas, met in recessed session, with the following members and officers present, Ito -wit: embers present Mayor Bob Bolen; Mayor Pro tempore William N. Garrison; Council Members Louis J. Zapata, Kay Granger, Eugene McCray, Garey W. Gilley, Bill Meadows, Virginia Nell Webber, and David Chappell; City Manager David Ivory; City Attorney Wade Adkins; City Secretary Ruth Howard; with more than a quorum present, at which time the following business was transacted: nvoca tion Father Michael D. La Rue, St. John's Episcopal Church, gave the invocation. ledge of The Pledge of Allegiance was recited. llegiance &C L-10508 was Council Member Chappell requested that Mayor and Council Communication No. L-10508 be i thdrawn withdrawn from the consent agenda. ithd rew M&C FP- Council Member Meadows requested that Mayor and Council Communication No. FP -2818 be 818 withdrawn from the consent agenda. ithd rew M&C FP- Council Member Granger requested that Mayor and Council Communication No. FP -2814 be 814 1, withdrawn from the consent agenda. i thdrew M&C Nos. City Manager Ivory requested that Mayor and Council Communication Nos. G-9127 and -9127, G-9137 G-9137 be withdrawn from the agenda. onse n t agenda On motion of Council Member Gilley, seconded by Council Member Zapata, the consent pproved agenda, as amended, was approved. ominated Mr. Miltoi Mayor Bolen nominated Mr. Milton D. Myers for membership on the Private Industry . Myers to the PIC Council and made a motion, seconded by Council Member McCray, that Mr. Milton D. Myers be reappointed to Seat No. 4, representing Fort Worth Chamber of Commerce, on the Private Industry Council for a term of office expiring October 1, 1992, and, when the motion was put to a vote by the Mayor, it prevailed unanimously. omi Hated The Council Member Zapata nominated The Reverend W.B. Langham for membership on the North Fort Worth Airport Zoning Commission and made a motion, seconded by Council Member Gilley, everend. W . B . Lang- that The Reverend Langham be appointed to Place No. 2 on the North Fort Worth Airport Zoning am.,to the North Commission for a term of office expiring October 1, 1992, and, when the motion was put to ort Worth Zoning a vote by the Mayor, it prevailed unanimously. ommission omi nated Ms. Linda Mayor Pro tempore Garrison nominated Ms. Linda Todd for membership on the Fort Worth odd to the Fort Commission on the Status of Women and made a motion, seconded by Council Member Gilley, that Ms. Linda Todd be appointed to Place No. 3 on the Fort Worth Commission on the Status of Orth Commission on Women for a term of office expiring October 1, 1991, and, when the motion was put to a vote he Status of Women by the Mayor, it prevailed unanimously. pda to on Youth Council Member Zapata made a motion, seconded by Council Member Chappell, that the report of Mr. Marshall Hobbs regarding Youth Commission Update on Youth Surveys be submitted ommissio n to City Council in writing. When the motion was put to a vote by the Mayor, it prevailed unanimously. ove forward M&C C- Council Member McCray made a motion, seconded by Council Member Zapata, that Mayor and 2865 Council Communication No. C-12865 be moved forward on the agenda. When the motion was put to a vote by the Mayor, it prevailed unanimously. &C C-12865 re There was presented Mayor and Council Communication No. C-12865 from the City Manager illag a Creek submitting a tabulation of bids received for the Village Creek Wastewater Treatment Plant as tew a to r Treat- sludge disposal; and recommending that the City Council: ent Plant 1. Adopt the attached supplemental appropriation ordinance increasing appropriations by�$,439,400 (i`ncluding'$244,000`ft possible change order and $50,000 project administration) in the Wastewater Operating Fund PE45 Account Number 539120, Center Number 0705002 and decreasing the wastewater unreserved, undesignated retained earnings by an equal amount. 2. Award a contract to Oscar Renda Construction Contracting, Inc. ("Contractor") in the amount of $8,145,400 for Sludge Removal, Dewatering and Disposal at Village Creek Treatment Plant, subject to the contractor submitting to the City of Fort Worth, no later than 5:00 p.m., CDT, Monday, June 3, 1991, evidence satisfactory to the City that the Contractor has been awarded in its name, all necessary permits for the agricultural land application of the sludge. r. Jerry Coffey Mr. Jerry Coffey, 14950 Heathrow Forest Parkway, Suite 200, Houston, Texas, e M&C C-18 65 representing Professional Services Group, appeared before the City Council and expressed opposition to the award of contract for Village Creek Wastewater Treatment Plant, and advised the City Council that, in his opinion, PSG was the lowest and most responsive bidder. r. Thomas Alleman Mr. Thomas Alleman, 1717 Main, Dallas, Texas, representing Itex, appeared before the e M&C C-12865 City Council and expressed opposition to the award of contract for Village Creek Wastewater Treatment Plant Sludge Disposal to Oscar Renda Construction Contracting, Inc., and requested that the City Council make sure that all bidders qualify. Minutes of City Council R-3 Page 485 11-�J,t; Tuesday, May 14, 1991 R&C C-12865 approve d On motion of Council Member McCray, seconded by Council Member Zapata, the recommendations, as contained in Mayor and Council Communication No. C-12865, were approved. In trod uced an 'Council Member McCray introduced an ordinance and made a motion that it be adopted. Drdinance The motion was seconded by Council Member Zapata. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: rdi nance No. ORDINANCE NO. 10843 0843 AN ORDINANCE INCREASING APPROPRIATIONS BY $8,439,400.00 IN THE WASTEWATER OPERATING FUND PE45, ACCOUNT No. 539120, CENTER NO. 0705002 AND DECREASING THE UNRESERVED, UNDESIGNATED RETAINED EARNINGS BY THE SAME AMOUNT FOR THE PURPOSE OF EXECUTING A CONTRACT FOR SLUDGE REMOVAL; 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. The ordinance, as adopted, is as follows: rdi nance No ORDINANCE NO. 10844 0844 AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT WORTH; PROVIDING FOR THE ANNEXATION OF A CERTAIN 2.464 ACRES (.00385 SQUARE MILES) OF LAND, 140RE OR LESS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT CORPORATE BOUNDARY LIMITS OF FORT WORTH, TEXAS; PROVIDING THAT THE TERRITORY ANNEXED SHALL BEAR ITS PRO RATA PART OF TAXES; PROVIDING THAT THE INHABITANTS THEREOF SHALL HAVE ALL THE PRIVILEGES OF ALL THE CITIZENS OF FORT WORTH, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL AMEND EVERY PRIOR ORDINANCE IN CONFLICT HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT CONFLICT; PROVIDING FOR SEVERABILITY AND NAMING AN EFFECTIVE DATE. WHEREAS, a public hearing before the City Council of the City of Fort Worth, Texas, wherein all interested persons were provided an opportunity to be heard on the proposed annexation of the territory hereinafter described, was held in the City Council Chambers, on the 9th day of April, 1991, which date was not more than forty (40) days nor less than twenty (20) days prior to .institution of annexation proceedings; and WHEREAS, a second public hearing before the City Council of the City of Fort Worth, Texas, wherein all interested persons were provided an opportunity 'to be heard on the proposed annexation of the territory hereinafter described, was held in the City Council Chambers in the Municipal Office Building of Fort Worth, Texas, on the 23rd day of April, 1991, which date was not more than forty Minutes of City Council R-3 Page 486 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. J ., &C OCS-281 There was presented Mayor and Council Communication No. OCS-281 from the Office of the n nexa tion of City Secretary stating that the timetable for the annexation of 2.464 acres of the Thomas homas Walden Walden Survey, Abstract No. 1921, was approved by the City Council on March 26, 1991; that urveyGadopting'thc public hearings were held on April 9 and April 23, 1991; that the property is located south rdi nance s of Keller -Haslet and east of Interstate I-35 West; that the reading and adoption of the 1j proposed ordinance is to be considered by the City Council on May 14, 1991; and stating that the appropriate motion would be to adopt the ordinance. n trod uced an Council Member Gilley introduced an ordinance and made a motion that it be adopted. rdinance The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: rdi nance No ORDINANCE NO. 10844 0844 AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT WORTH; PROVIDING FOR THE ANNEXATION OF A CERTAIN 2.464 ACRES (.00385 SQUARE MILES) OF LAND, 140RE OR LESS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT CORPORATE BOUNDARY LIMITS OF FORT WORTH, TEXAS; PROVIDING THAT THE TERRITORY ANNEXED SHALL BEAR ITS PRO RATA PART OF TAXES; PROVIDING THAT THE INHABITANTS THEREOF SHALL HAVE ALL THE PRIVILEGES OF ALL THE CITIZENS OF FORT WORTH, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL AMEND EVERY PRIOR ORDINANCE IN CONFLICT HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT CONFLICT; PROVIDING FOR SEVERABILITY AND NAMING AN EFFECTIVE DATE. WHEREAS, a public hearing before the City Council of the City of Fort Worth, Texas, wherein all interested persons were provided an opportunity to be heard on the proposed annexation of the territory hereinafter described, was held in the City Council Chambers, on the 9th day of April, 1991, which date was not more than forty (40) days nor less than twenty (20) days prior to .institution of annexation proceedings; and WHEREAS, a second public hearing before the City Council of the City of Fort Worth, Texas, wherein all interested persons were provided an opportunity 'to be heard on the proposed annexation of the territory hereinafter described, was held in the City Council Chambers in the Municipal Office Building of Fort Worth, Texas, on the 23rd day of April, 1991, which date was not more than forty Minutes of City Council R-3 Page 486 Tuesday, May 14, 1991 Ordinance No. (40) days nor less than twenty (20) days prior to the institution of annexation 10844 cont.' 11 proceedings; and WHEREAS, notice of the first such public hearing was published in a newspaper having general circulation in the City of Fort Worth, Texas, and in the hereinafter described territory on the 27th day of March, 1991, which date was not more than twenty ( 20) days nor less than ten (10 ) days prior to the date of said such public hearing; and WHEREAS, notice of the second such public hearing was published in a newspaper having general circulation in the City of Fort Worth, Texas, and in the hereinafter described territory on the 10th day of April, 1991, which date was not more than twenty (20) days nor less than ten (10) days prior to the date of said public hearing; and WHEREAS, prior to the publication of the notices of public hearings, a Service Plan providing for the extension of municipal services into the hereinafter described territory was prepared for inspection by and explanation to the inhabitants of the area to be annexed; and WHEREAS, the population of the City of Fort Worth, Texas is in excess of 100,000 inhabitants; and WHEREAS, the hereinafter described territory lies within the exclusive extraterritorial jurisdiction of the City of Fort Worth, Texas; and WHEREAS, the hereinafter described territory lies adjacent to and adjoins the City of Fort Worth, Texas; and WHEREAS, the hereinafter described territory contains 2.464 acres (.00385 square miles) of land, more or less; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the following described land and territory lying adjacent to and adjoining the City of Fort Worth, Texas is hereby added to and annexed to the City of Fort Worth, Texas, and said territory hereinafter described shall hereafter be included within the boundary limits of the City of Fort Worth, Texas, and the present corporate boundary limits of said City, at the various points contiguous to the area hereinafter described, are altered and amended so as to include said area within the corporate limits of the City of Fort Worth, Texas, to -wit: Being a tract of land situated in the Thomas Walden Survey, Abstract Number 1921, and being a portion of that certain 32.648 acre tract of land described in a deed to Sunbelt Savings Association as recorded in Volume 9028, Page 784, County Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at the point where the south line of said Sunbelt Savings tract intersects the easterly right-of-way line of Interstate Highway 35 West; THENCE N 89 43' 16" E, 654.04 feet with the south line of said Sunbelt Savings Association tract to the POINT OF BEGINNING and the beginning of a non -tangent curve to the right; THENCE 360.94 feet with the arc of said non -tangent curve to the right, through a central angle of 04 13' 02", with a radius of 4903.83 feet and a long chord which bears N 08 34' 38" E, 360.86 feet; THENCE N 10 41' 09" E, 733.44 feet to a point inn the east line of said Walden Survey and said Sunbelt Savings Association tract; THENCE S 00 03' 11" W, 1076.63 feet with said east line; THENCE S 89 43' 16" W, 188.83 feet with the south line of said Walden Survey and said Sunbelt Savings Association tract to the POINT OF BEGINNING and containing 2.464 acres of land, more or less. SECTION 2. That the above-described territory is shown on Map Exhibit "A" which is attached hereto and expressly incorporated herein by reference for the purpose of illustrating and depicting the location of the hereinabove described territory. SECTION 3. That the above described territory hereby annexed shall be part of the City of Fort Worth, Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by the City of Fort Worth, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens in accordance with the Service Plan and shall be bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth, Texas. Minutes of City Council R-3 Page 487 4 SS Ordinance No. - 10844 cont. Tuesday, May 14, 1991 SECTION 4. That attached hereto, marked Exhibit "X" and incorporated herein for all purposes incident hereto, is a Service Plan providing for the extension of municipal services into the area to be annexed, said Service Plan having been prepared prior to publication of the notices of hearings prescribed under Section 43.056 of the Texas Local Government Code, and having been made available at said hearings for inspection by and explanation to the inhabitants of the area to be annexed. SECTION 5. That this ordinance shall and does amend every prior ordinance in conflict herewith, but as to all other ordinances or sections of ordinances not in direct conflict, this ordinance shall be, and the same is hereby made cumulative. SECTION 6. That it is hereby declared to be the intent of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are ,severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. 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. EXHIBIT X CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Name: Thomas Walden Survey Abstract No. 1921 (2.464 Acres) Location and Acreage Annexed: South of Keller -Haslet Road and East of Interstate 35W County: Tarrant Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Fort Worth, Texas, at the following levels and in accordance with the following schedule: A. Police Protection Service (1) Patrolling, responses to calls, and other routine police protection services, within the limits of existing personnel and equipment, will be provided on the effective date of annexation. (2) As development and construction commence within this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization, and population density within the area as determined by the City Council within two and one-half (2-1/2) years from the date of adoption of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. (3) Upon ultimate development of the area, the same level of police protection services will be provided to this area as are furnished throughout the City. B. Fire and Emergency Protection Service (1) Fire protection services by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, will be provided to this area on the effective date of the annexation ordinances. (2) As development and construction of subdivisions commence within this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire and emergency ambulance services consistent with the characteristics of topography, land utilization, and population density of the area, as determined by the City Council, within two and one-half (2-1/2) years from the date of adoption of the annexation ordinance, or upon commencement of development within this area, whichever occurs later. (3) Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the city. Minutes of City Council R-3 Page 488 Ordinance No. 10844 cont. 4 S J Tuesday, May 14, 1991 C. Environmental Health and Code Enforcement Services (1) Enforcement of the City's environmental health ordinances and regulations, including but not limited to weed and brush ordinances, junked and abandoned vehicle ordinances, food handlers ordinances and animal control ordinances, shall be provided within this area on the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated by existing personnel beginning with the effective date of the annexation ordinance. (2) The City's building, plumbing, mechanical, electrical, and all other construction codes will be enforced within this area beginning with the effective date of the annexation ordinance. Existing personnel will be used to provide these services. (3) The City's zoning, subdivision, sign, mobile home, junk yard and other ordinances shall be enforced in this area beginning on the effective date of the annexation ordinance. (4) All inspection services furnished by the City of Fort Worth, but not mentioned above, will be provided to this area beginning on the effective date of the annexation ordinance. (5) As development and construction commence within this area, sufficient personnel will be provided to furnish this area the same level of environmental health and code enforcement services as are furnished throughout the City. D. Planning and Zoning Services The planning and zoning jurisdiction of the City will extend to this area on the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and General Plan. E. Recreation and Leisure Services (1) Residents of this property may utilize all existing recreational and leisure service facilities and sites throughout the City, beginning with the effective date of this ordinance. (2) Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans, policies and programs and decisions of the City of Fort Worth. This property will be included in all plans for providing recreation and leisure services to the City. The same level of recreation and leisure services shall be furnished to this property as is furnished throughout the City. (3) Existing parks, playgrounds, swimming pools and other recreation and leisure facilities within this property shall, upon deeding to and acceptance by the City, be maintained and operated by the City of Fort Worth; but not otherwise. F. Solid Waste Collection (1) Solid waste collection shall be provided to the property in accordance with existing City policies, beginning with the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until notified by the Director of Transportation and Public Works. (2) As development and construction commence within this property, and population density increases to the proper level, solid waste collection shall be provided to this property in accordance with then current policies of the City as to frequency, charges and so forth. G. Street, Storm Drainage and Street Lights (1) The City of Fort Worth's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning with the effective date of the annexation ordinance. The City will maintain improved roadway sections dedicated to the public consistent with maintenance performed on other roadways of similar construction and classification within the City of Fort Worth. (2) As development, improvement or construction of streets to City standards commences within this property, the policies of the City of Fort Worth with regard to participation in the costs thereof, acceptance upon completion, and maintenance after completion, shall apply. (3) The same level of maintenance shall be provided to streets within this property which have been accepted by the City of Fort Worth as is provided to City streets throughout the City. Minutes of City Council R-3 Page 489 Tuesday, May 14, 1991 Ordinance No. (4) The City will maintain storm drainage facilities, within a 10844 cont. drainage easement when constructed, to current City of Fort Worth standards applicable throughout the City. As development, improvement or construction of storm drainage facilities to City standards commences within this property, the policies of the City of Fort Worth with regard to participation in the costs thereof, acceptance upon completion, and maintenance after completion, shall apply. &C OCS-279 Claims obby E. Choate erry E. VanHorn i (5) Street lights installed on improved public streets shall be maintained by the City of Fort Worth in accordance with current City policies. Other street lighting shall not be maintained by the City of Fort Worth. H. Water Services (1) Connection to existing City water mains for domestic water service to serve residential, commercial, and industrial use within this property will be provided in accordance with existing City ordinances and policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service at the normal rates charged throughout the City. (2) As development and construction of subdivisions commence within this property, water mains of the City will be extended by the property owner in accordance with provisions of the Subdivision Ordinance and other applicable policies, ordinances, and regulations. City participation in the costs of these extensions shall be in accordance with applicable City policies, ordinances, and regulations. Such extensions will commence within two and one-half (2-1/2) years from the effective date of the annexation ordinance, and/or upon commencement of development of a subdivision within this property, whichever occurs later. I. Sanitary Sewer Services (1) Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City ordinances and policies. Upon connection, to existing sanitary sewer mains, sanitary sewage service will be provided at rates established by City ordinances for such service at the normal rates charged throughout the City. (2) As development and construction of subdivisions commence within this property, sanitary sewer mains of the City will be extended by the property owners in accordance with provisions of the Subdivision Ordinance and other applicable policies, ordinances, and regulations. City participation in the costs of these extensions shall be in accordance with applicable City policies, ordinances, and regulations. Such extensions will commence within two and one-half (2-1/2) years from the effective date of the annexation ordinance, and/or upon commencement of development of a subdivision within the property, whichever occurs later. J. Miscellaneous (1) Any facility or building located within the annexed area and acquired by the City of Fort Worth to provide service to the area will be maintained by the City commencing upon the date of use or the effective date of the annexation ordinance, whichever occurs later. (2) General municipal administration and administrative service of the City shall be available to the annexed area beginning with the effective date of the annexation ordinance. There was presented Mayor and Council Communication No. OCS-279 from the City Secretary transmitting to the City Council notices of claims for alleged damages and/or injuries as, follows: 1. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 2. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Bobby E. Choate May 1, 1991 April 11, 1991 215 Cromwell Street $590.00 Claimant alleges damages to property as result of flooding. Terry E. VanHorn May 1, 1991 March 15, 1991 1207 Clara $324.00 - $325.00 Claimant alleges damages to property as result of tree falling on fence. Minutes of City Council R-3 Page 490 491 Tuesday, May 14, 1991 elly Edward Banks 3. Claimant: Kelly Edward Banks Date Received: May 1, 1991 Date of Incident: April 11, 1991 Location of Incident: 5633 Westcreek Estimate of Damages/ Injuries: $794.11 Natufe of Incident: Claimant alleges damages to house as result of flooding. velyn T. Williams 4. Claimant: Evelyn T. Williams Date Received: May 2, 1991 Date of Incident: February 20th Location of Incident: City Secretary of Ruth Howard's Office Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages as result of not being put on ballot for election to City Council. hristina Gonzales 5. Claimant: Christina Gonzales Date Received: May 4, 1991 -- Date of Incident: March 20, 1991 Location of Incident: Sycamore Recreation Center Estimate of Damages/ Injuries: $243.76 - $349.57 Nature of Incident: Claimant alleges damages to vehicle as result of attempted theft from vehicle while on City -owned property. ary Kite 6. Claimant: Gary Kite Date Received: May 6, 1991 Date of Incident: April 15, 1991 Location of Incident: University Drive & West 7th Estimate of Damages/ Injuries: $628.98 - $654.03 Nature of Incident: Claimant alleges damages to vehicle caused by road conditions. eonette D. Taplin 7. Claimant: Leonette D. Taplin Date Received: May 6, 1991 Date of Incident: March 24, 1991 Location of Incident: 900 Jennings Avenue Estimate of Damages/ Injuries: $750.00 $825.00 Nature of Incident: Claimant alleges damages to vehicle as result of vehicle being towed for unpaid parking tickets. .B.C. Cleaners 11. Claimant: A.B.C. Cleaners (Margaret C. Brown) Margaret C. Brown) Date Received: May 7, 1991 Date of Incident: February 22, 1991 Location of Incident: 1205 South Ayers Estimate of Damages/ Injuries: $99.99 Nature of Incident: Claimant alleges damages as result of water leak. Minutes of City Council R-3 Page 491 David Hack 8. Claimant: David Hack Date Received: May 6, 1991 Date of Incident: Undeclared Location of Incident: 617 Edgefield Road Estimate of Damages/ Injuries: $250.00 Nature of Incident: Claimant alleges damages to property caused by tractor mower. Larry.,Spurgeon 9. Claimant: Larry Spurgeon Date Received: May 6, 1991 Date of Incident: February 2, 1991 Attorney: Terry K. Fleming Location of Incident: City of Fort Worth/Auto Pound Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges injuries as result of alleged improper maintenance of premises and/or equipment. Karen R. Wienecke 10. Claimant: Karen R. Wienecke (State Farm Insurance (State -Farm I n- Companies) . urance Companies) Date Received: May 6, 1991 : Date of Incident: January 4, 1991 Location of Incident: Undeclared Estimate of Damages/ - Injuries: $4,740.71 Nature of Incident: Claimant alleges subrogation rights as result. of claim paid for accident. .B.C. Cleaners 11. Claimant: A.B.C. Cleaners (Margaret C. Brown) Margaret C. Brown) Date Received: May 7, 1991 Date of Incident: February 22, 1991 Location of Incident: 1205 South Ayers Estimate of Damages/ Injuries: $99.99 Nature of Incident: Claimant alleges damages as result of water leak. Minutes of City Council R-3 Page 491 Tuesday, May 14, 1991 u i n Patricia Priddy 12. Claimant: Patricia Priddy stating that the Department of Transportation and Public Works is processing a permanent Date Received: May 7, 1991 Date of Incident: April 12, 1991 pond; that the Department of Transportation and Public Works proposes a temporary closure Location of Incident: 5801 Wedgwood Drive . Estimate of Damages/ - Public Works Department to physically close Vinson Street from 350 feet east of Tierney Road Injuries: Undeclared Nature of Incident: Claimant alleges damages to lawn and sidewalk City Council that the recommendation be adopted. M&C G-9141 re as result of accident involving City -owned Public Improvement There was presented Mayor and Council Communication No. G-9141 from the City Manager vehicle. Rodriguez Festive 13. Claimant: Rodriguez Festive Foods, Inc. (David Martin) Foods, Inc. (David Date Received: May 7, 1991 Martin) Date of Incident: April 4, 1991 Location of Incident: 1005 N. Houston Street Estimate of Damages/ Injuries: $2,737.92 - $2,782.11 Nature of Incident: Claimant alleges damages to cooling towers as result of removal of water meter. Michael Lynn Magee 14. Claimant: Michael Lynn Magee Date Received: May 8, 1991 Date of Incident: Undeclared Location of Incident: 900 W. 5th Street Estimate of Damages/ Injuries: $550 - $1,823.96 <: Nature of Incident: Claimant alleges damages as result of vehicular accident. Salvador Ventura 15. Claimant: Salvador Ventura Date Received: May 8, 1991 Date of Incident: Undeclared Location of Incident: 2308 Prairie Avenue Estimate of Damages/ Injuries: $900.00 - $1,100.00 Nature of Incident: Claimant alleges damages as result of tree falling on car. M&C OCS-279 It was recommended that the notices of claims for alleged damages and/or injuries be referred to the Risk Management Department and it was the consensus of the City Council that the recommendation be adopted. M&C OCS-280 There was presented Mayor and Council Communication No. OCS-280 from the City Correspondence Secretary transmitting to the City Council copies of correspondence received from Mr. David from Mr. David, B. Knapp, Vice President of.Friends of the Parks, requesting that the City Council put out B. Knapp re contract Fort Wortl for bid any proposed contract to manage the Fort Worth Zoo under Section 1(a)(7)(F) of Zoo;corr. from Senate Bill 862; correspondence from Colonel Ralph E. Cross, Chief of Staff, Medical Colonel Ralph E. Services, Department of the Army, Headquarters 807th Medical Brigade, extending an Cross ; invitation to attend a ceremony honoring Dallas and Fort Worth employers who supported .,re.rnvita 1Jron�t`e�tr :°Mr. Operation Desert Storm and Desert Shield to be held on June 1, 1991; and correspondence from Robert :Door iritm`:re Mr. Robert Don Trim, 1515 West Magnolia, objecting to implementation of Ordinance No. 10727. Grdihd6tii No. It was the consensus of the City ' Council that the correspondence be referred to the Office of the City Manager. 10727 Withdrew=:..- ' It was the consensus of the City Council that Mayor and Council Communi -cation M& C.,G-9127 No. G-9127, Legislative Leave Policy, be withdrawn from the agenda. Withdrew M&C G-9137 It was the consensus of the City Council that Mayor and Council Communication No. G-9137, Amendment to Ordinance No. 9899 "Purchasing Policy" Requiring Disclosure of Business Relationships with Governments of Republic of South Africa and Nation of Namibia, be withdrawn from the agenda. M&C G-9140 re temporary physical There was presented Mayor and Council Communication No. G-9140 from the City Manager street closure stating that the Department of Transportation and Public Works is processing a permanent street closure of Vinson Street from 350 feet east of Tierney Road to Benton Street to the City Plan Commission inasmuch as the area is designated to become a storm drainage detention pond; that the Department of Transportation and Public Works proposes a temporary closure of the area to reduce illegal dumping and to install a flex -beam barricade to cross the roadway to restrict access; and recommending that the request of the Transportation and Public Works Department to physically close Vinson Street from 350 feet east of Tierney Road to Benton Street with flex -beam barricades on a temporary basis pending City Plan Commission review of a permanent closure in a public hearing be approved. It was the consensus of the City Council that the recommendation be adopted. M&C G-9141 re Public Improvement There was presented Mayor and Council Communication No. G-9141 from the City Manager District No . 1 stating that $5,000.00 is included i n the 1990-91 Fiscal Year budget for Public Improvement District No. 1 for payment to the City for costs associated with the administration of the District and recommending that the transfer of $5,000.00 from Special Assessment District Fund GS87, Center No. 002100091000, Downtown Improvement District No. 1, FY 91, to General Fund GG01, Center No. 0021000, City Manager, be approved. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council R-3 Page 492 &C G-9142 re ommunity Develop- ent Block Grant &C G-9142 adopted &C G-9143 re ransfer of funds 4'"93 Tuesday, May 14, 1991 There was presented Mayor and Council Communication No. G-9142 from the City Manager, as follows: SUBJECT: TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT RESIDUAL FUNDS TO UNPROGRAMMED FUNDS ACCOUNTS RECOMMENDATION: Authorize the City Manager to transfer the listed CDBG residual balances to the unprogrammed funds accounts detailed below. DISCUSSION• Since 1984 Community Development Block Grant annual applications have identified projects and the projected amount of funds required for each activity. Many of these projects are now complete, or the scope of work has been changed. As a result, funds are available for transfer to each program year's unprogrammed funds account for future reallocation.. Listed below are projects, their residual balances, and the Fund/Center Number to which funds are proposed for transfer. FUND/ CENTER NUMBER PROJECT NAME CDBG Year XI GR76 005206080950 Urban Homesteading Administration :(4311 Encumbered) CDBG Year XIV GR76 005206084040 CDBG Year XV GR76 005206086010 005206086020 005206086050 005206086070 005206086180 Fiscal Support AMOUNT TO UNPROGRAMMED FUND CENTER NUMBER $9,367.38 005206080210 _ $42,464.79 005206084990 General Administration $10,478.34 Contract Administration $10,231.96 - Advisory Support $12,993.48 Planning and Community Development $12,468.41 Housing Staff HIL $44,489.18 Total $90,661.37 005206086990 FINANCING: No additional funds are required. It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. G-9142, be adopted. There was presented Mayor and Council Communication No. G-9143 from the City Manager stating that the City was awarded a grant in September 1990 from the Texas Criminal Justice Division to mark and etch property from citizens and businesses of the city; that an etching kit and compressor to operate the kit was authorized to be purchased but, after talking with representatives of the etching kit, it was realized that the initial compressor did not have enough horsepower to imprint the property without causing some damage and, since the cost of the compressor was more than anticipated, a grant adjustment in the amount of $322.50 was sent to the Criminal Justice Division; that, according to Criminal Justice Division guidelines, all equipment items are based on a 50/50 cash match requirement and, to be in compliance with these guidelines, it will be necessary to transfer $322.50; and recommending that the City Manager be authorized to transfer $322.50 from the Special Trust Fund FE72, Center No. 035535000000, Awarded Assets to Grant Fund GR76, Center No. 03520253701, Operation Identification/1. It: was the consensus of the City Council that the recommendation be adopted. Minutes of City Council R-3 Page 493 M&C, G-9144 re There was presented Mayor and Council Communication No. G-9144 from the City Manager transfer of fund stating that $53,000.00 was authorized for the acquisition of right-of-way for Alliance for Alliance Air- Interchange at I -35W on March 20, 1990; that $47,778.00 was authorized as the City's share port of cost for construction of a retaining wall at the north end on Alliance Airport to protect the airport perimeter road on March 27, 1990; that $30,170.00 was authorized by Change Order No. 1 and related engineering services to the contract for water and sanitary sewer improvements to serve Heritage Parkway, Avion Road, and Alliance Boulevard on August 23, 1990; that, although none of these items were part of the community facilities agreement for the American Airlines Maintenance Facility at Alliance for which $7.7 million of Certificates of Obligations were sold, all of these expenditures were funded temporarily from that source until alternate financing could be arranged; that there now is a sufficient balance in the Capital Projects Reserve Fund to provide for these items; and recommending that a transfer of $130,948.00 be approved from Capital Projects Reserve Fund GC10, Unspecified, Center No. 013010001000, to Alliance Airport Fund GC49, Center Nos. 020136048000, Alliance Interchange at I -35W ($53,000.00); 020015002000, Heritage Parkway Water Line ($13,932..11); 020015003000, Avion Road Water Line ($16,237.89); and Minutes of City Council R-3 Page 493 41.114 Tuesday, May 14, 1991 M&C' G-9144 cont. ,`! 020136111000, Alliance Airport Perimeter Road ($47,778.00) be authorized and that the reimbursement from Capital Projects Reserve Funds of previous charges against these accounts be authorized. It was the consensus of the City Council that the recommendations be adopted. M&C G-9145 re There was presented Mayor and Council Communication No. G-9145 from the City Manager settlement of law- stating that the lawsuit of Ann Blair Baker and Kevin Duglas Atwood versus City of Fort suit styled Ann Worth and Kelley Caruthers, Cause No. 342-118948-89, arises out of an August 25, 1987, Blair Baker and collision between a City vehicle operated by Kelley Caruthers and a privately -owned vehicle Kevin D uglas A twoo occupied by the plaintiffs; that the proposed settlement of this case would result in Ann Blair Baker, passenger, being paid the total sum of $22,500.00 and Mr. Kevin Atwood, the driver of the vehicle occupied by the plaintiffs, receiving nothing; that the $22,500.00 would consist of a $14,500.00 payment by the City of Fort Worth and an $8,000.00 payment by the insurance carrier providing coverage for Mr. Atwood; that, as part of the settlement, the City of Fort Worth would drop its counterclaim for property damage; proposing that the City pay all taxable court cost in the suit incurred prior to the filing of the counter- claims against Mr. Atwood and the balance of the costs be split equally between the City and the insurance company providing coverage for Mr. Atwood; that the City will be required to release any claims it has against Mr. Atwood and the insurance company providing his coverage; that this settlement will resolve all claims against both the City and Kelley Caruthers and will not involve any admission of liability by the City or Mr. Caruthers; that funds are available in Insurance Fund FE71, Center No. 0157120, Lawsuit Payments and Costs, Account No. 534050; and recommending that the herein -described settlement of the referenced lawsuit be approved and that payment of $14,500.00 be authorized in settlement of all claims against the City of Fort Worth and Kelley Caruthers, and further recommending that payment be authorized of a portion of the taxable costs of court in the lawsuit and the appropriate representatives be authorized to execute the settlement documents necessary to complete the settlement. It was the consensus of the City Council that the recommendation be adopted. &C, G-9146 re There was presented Mayor and Council Communication No. G-9146 from the City Manager ra nsac tio ns recommending that a resolution be adopted authorizing the Director of Finance, Assistant ecessary for in- Director of Finance, and the City Treasurer to conduct transactions necessary for the estment of City's investment of the City's monies. It was the consensus of the City Council that the oni es . I recommendation be adopted. Introduced a Council Member Gilley introduced a resolution and made a motion that it be adopted. Resolution The motion was seconded by Council Member Zapata. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: esol uti on No. RESOLUTION NO. 1719 719 AUTHORIZING THE DIRECTOR OF FINANCE, ASSISTANT DIRECTOR OF FINANCE, AND THE CITY TREASURER TO ENGAGE IN CERTAIN FINANCIAL TRANSACTIONS ON BEHALF OF THE CITY OF FORT WORTH BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 1. That the Director of Finance, Assistant Director of Finance, and the City Treasurer of the City of Fort Worth are each hereby authorized and empowered, for and on behalf of the City of Fort Worth, to establish and maintain one or more accounts with securities dealers for the purpose of purchasing, investing in, acquiring, selling, possessing, disposing of, transferring, exchanging, pledging, financing, engaging in repurchase or reverse repurchase transactions and generally dealing in and with all types of securities authorized under laws of the State of Texas for City use. 2. That each of said officers shall have the fullest authority at all times with respect to the aforesaid transactions, including without limitation authority to give written or oral instructions to security dealers with respect to said transactions; to bind and obligate the City of Fort Worth for the carrying out of any contracts, arrangements or transactions with security dealers which shall be entered into by such officers on behalf of the City of Fort Worth; to pay in cash, by check, or by draft upon funds of the City such sums as may be due in connection with any of said accounts; to deliver securities to security dealers; to order the delivery or transfer of securities to any name selected by said officers; to endorse any securities or contracts in order to pass title thereto; to direct the sale or exercise of any rights with respect to any such securities; to sign for .the City of Fort Worth all releases, powers of attorney or other documents in connection with any such account; to agree to any terms or conditions to control any such account; to direct such security dealers to surrender any securities to the proper agent or party for the purpose of effecting any exchange or conversion, or otherwise; to accept delivery of any securities; to appoint any other person or persons to do any and all things which said officers are hereby empowered to do; and generally to do and take all action considered necessary or desirable by such officers in connection with such account. Minutes of City Council R-3 Page 494 L�5. " Tuesday, May 14, 1991 esolution No. 3. That such security dealers may deal with any of the officers empowered 719 cont. by this resolution, directly or indirectly, as though they were dealing directly with the City of Fort Worth. 4. That the City Secretary of the City of Fort Worth is hereby authorized, empowered and directed to certify the following documents to security dealers and to affix the City seal thereon: &C.G-9147 re ppointed Asst. Cil anger Mike Groomer ity of Fort Worth' eglaridge Trustee (a) certified copies of this resolution; and (b) specimen signatures of the persons empowered by this resolution. 5. That the City of Fort Worth is a home rule municipal corporation, duly organized and existing under the laws of the State of Texas, that its charter empowers it to transact the business defined in this resolution, and that no limitation has been imposed upon such powers by its charter, state law or otherwise which prevents the transaction of such business. 6. That security dealers may rely upon the authority given under this resolution as continuing in effect until they receive due written notice of a change in or recision of such authority. 7. That in the event of any change in the office or powers of the persons hereby empowered, the City Manager of the City of Fort Worth shall send written notice of such change to the security dealers with whom the City does business, which notification, when received, shall amend or terminate the powers of the persons theretofore authorized. 8. That this resolution shall apply not only to transactions and agreements with security dealers which may take place after the adoption hereof, but shall also apply to those transactions which may have been made by the officers named herein prior to the adoption hereof, all of which, together with the actions of such officers, are hereby ratified, confirmed, and approved. There was presented Mayor and Council Communication No. G-9147 from the City Manager, as follows: SUBJECT: APPOINTMENT OF REGALRIDGE TRUSTEE AND AUTHORIZATION TO EXECUTE TRUST AGREEMENT RECOMMENDATION: It is recommended that the City Council take the following action: 1. Appoint Mike Groomer, Assistant City Manager, as the City of Fort Worth's Regalridge Trustee; 2. Authorize Mike Groomer to execute the Regalridge Trust Agreement as the City's Trustee. DISCUSSION: On April 23, 1991, the United States Bankruptcy Court for the Northern District of Texas, Fort Worth Division, approved the Fourth Amended Plan of Reorganization in a Chapter XI Bankruptcy Proceeding entitled "In Re: Briscoe Enterprises, Ltd. II, dba Regalridge Square Apartments, Debtor, No. 489 -44447 - MT -11." The Plan provides for creation of the Regalridge Trust to hold all property of the Debtor, including the Regalridge Square Apartments ("Regalridge"), for the benefit of Creditors and to maintain Regalridge as a quality well-managed low to moderate income housing community. Three Regalridge Trustees will be appointed -one each by the City of Fort Worth, the Fort Worth NAACP and Heartland Savings and Loan Association. The Regalridge Trustees will operate and maintain Regalridge and will exercise the powers described in the Regalridge Trust Agreement. The Regalridge Trustees will have the exclusive authority to appoi nt or remove the manager who wi 11 operate Regal ri dge on a day-to-day basi s . The Trustees will also have the authority to sell or refinance the property on such terms and for an amount that would pay in full the secured claims then existing against the property. To create the Trust, the Trust Agreement must be executed by Briscoe Enterprises, Ltd. II, and the three Trustees, including the City of Fort Worth's Trustee. By approval of this M&C, City Council will appoint Mike Groomer as the City's Trustee and authorize him to sign the agreement. FINANCING: No City of Fort Worth funds will be expended for the Regalridge Trust. M&C G-9147 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. G-9147, be adopted. M&C P-4956 re There was presented Mayor and Council Communication No. P-4956 from the City Manager purchase of traffi stating that Items 4 and 5 for traffic signal heads was awarded to Hi -Tech Signals, Inc.,. signals head on March 26, 1991, by Mayor and Council Communication No. P-4829; that, on April 4, 1991, Minutes of City Council R-3 Page 495 Tuesday, May 14, 1991 M&C P-4956 cont. There was presented Mayor and Council Communication No. P-4959 from the City Manager purchase agreement a letter from Hi -Tech was received stating it could not supply these items at prices quoted with Heron In- due to its supplier's error in calculating prices quoted to them; that purchases will be d us tries, Inc. charges to General Fund GG01, Light and Signal Inventory Subsidiary Account No. 141273, airs of defi- Center No. 0000000; and recommending that the approval of Items 4 and 5 on M&C P-4829 dated that funds are available in General Fund GG01, Center March 26, 1991, which was awarded to Hi -Tech Signals, Inc., of Fort Worth, Texas for the No. 0363040, Supply, Account No. amount of $18,157.50 be rescinded and that the purchase of Items 4 and 5, traffic signal M&C P-4960 re heads, to Winko-Matic/Multisonics on the second low bid meeting City specifications of purchase agreement $25,127.50 net, f.o.b. Fort Worth, be authorized. It was the consensus of the City Council with Saf-T-Grove that the recommendations be adopted. M&C. P-4957 re There was presented Mayor and Council Communication No. P-4957 from the City Manager contract with stating that on April 16, 1991, two M&C's were passed with incorrect dates for expiration Allied Power Corp.. and. recommending that the City 'Council authorize the amendment of Line Two of the en t frames recommendation on M&C P-4884, "Wood Shavings from Crockett Stable Bedding, Inc., for the Public Events Department" to read as follows: "This agreement to become effective April 17, 1991, and end April 16, 1992"; and the amendment of Line Two of the recommendation on M&C P-4889, "Exercise option for Renewal to Purchase Agreement with Allied Power Corp. for the Water Department" to read as follows: "This renewal option to begin April 9, 1991, and end April 8, 1992.", be authorized. It was the consensus of the City Council that the recommendations be adopted. M&C P-4958 re ' - - There was presented Mayor and Council Communication No. P-4958 from the City Manager purchase of submitting a tabulation of bids received for the purchase of structural steel, aluminum, and structural steel, iron for all City Departments; stating that budgeted funds are sufficient to cover the aluminum, and i ron anticipated expenditures; and recommending that a purchase agreement be authorized with Earle M. Jorgensen Company on .its low overall bid of unit prices and that the agreement begin May 22, 1991, and end May 22, 1992. It was the consensus of the City Council that the recommendation be adopted. M & C P-4959 re There was presented Mayor and Council Communication No. P-4959 from the City Manager purchase agreement submitting a tabulation of bids received for the purchase of metal fabrication services for with Heron In- all City Departments; stating that budgeted funds are sufficient to cover the anticipated d us tries, Inc. expenditures; and recommending that a one-year purchase agreement be authorized with Heron airs of defi- Industries, Inc., on its low bid of unit prices and with the agreement to begin May 21, that funds are available in General Fund GG01, Center 1991, and end May 20, 1992, with option to renew annually for two years. It was the No. 0363040, Supply, Account No. consensus of the City Council that the recommendation be adopted. M&C P-4960 re There was presented Mayor and Council Communication No. P-4960 from the City Manager purchase agreement submitting a tabulation of bids received for a one-year purchase agreement for knee and hip with Saf-T-Grove boots for various City Departments; stating that budgeted funds are sufficient to cover the and Delta Indu- anticipated expenditures; and recommending that the purchase be authorized from Saf-T-Glove strial Supply on its low bid of $6.82 a pair for knee boots and $6.68 a pair for overshoes and with Delta urchase of docu- Industrial on its low bid of $29.39 a pair for hip boots for a period beginning May 29, en t frames 1991, and ending May 28, 1992, with option to renew for one additional year. It was the consensus of the City Council that the recommendations be adopted. M&C P-4961 re There was presented Mayor and Council Communication No. P-4961 from the City Manager purchase of video submitting a tabulation of bids received for the purchase of video production equipment for production a quip- the Cable Office; stating that funds are available in Fund FE72, Center No. 002500100000, men t Account No. 541350; and recommending that the purchase be made on a low -bid -item basis from MZB/Gray, Inc., on its bid of $23,735.50; from Accent Audio/Video in the amount of $11,068.00; from ECI Video in the amount of $56,998.71; and from Metropolitan Computer Products on its bid of $4,935.00, for a total bid amount not to exceed $96,737.21 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendations be adopted. &C P-4962 re There was presented Mayor and Council Communication No. P-4962 from the City Manager urchase of Public stating that the purchase of a Public Official Bond was authorized from Waller & Waller fficial Bond Insurance Agency, Inc., under Mayor and Council Communication No. P-4693 on January 22, and Council Communication 1991; that the City paid for only 15 days for Public Official Bond coverage of City urchase of 300 Treasurer Linda Patterson; that the additional $12,450.00 is to cover James R. Keyes who was received for 300 pairs of approved to the position of City Treasurer effective April 1, 1991; that funds are available airs of defi- in Insurance Fund FE71, Center No. 0157130, Commercial Insurance Premiums, Account that funds are available in General Fund GG01, Center No. 534330; and recommending that the purchase of a Public Official Bond covering James R. No. 0363040, Supply, Account No. Keyes, City Treasurer/Assistant Director of Finance, be ratified from Waller & Waller that the sole source purchase be Insurance Agency, Inc., for the period from April 1, 1991, to January 1, 1994, at a cost not made from Laerdal Medical Corporation on the unit price to exceed $12,450.00 and that a change order in the amount of $12,450.00 be approved to Purchase Order No. 1000002002 increasing the amount from $46,996.00 to $59,446.00. It was net, f.o.b. Fort Worth. the consensus of the City Council that the recommendations be adopted. &C P-4963 re There was presented Mayor and Council Communication No. P-4963 from the City Manager urchase of docu- submitting a tabulation of bids received for the purchase of document frames for Finance en t frames Department/Stationery Stores; that funds are available in Office Services Fund PI60, Stationery Supplies Inventory, Account No. 141275 and Center No. 0000000; and recommending that the purchase be made from Nu Dell Plastics Corporation on a low -bid -item basis for the period from May 7, 1991, through May 6, 1992, with all bids being f.o.b. destination and net. It was the consensus of the City Council that the recommendations be adopted. &C P-4964 re There was presented Mayor and Council Communication No. P-4964 from the City Manager urchase of 300 submitting a tabulation of bids received for 300 pairs of defibrillator electrode pads for airs of defi- the Fire Department; stating that funds are available in General Fund GG01, Center rilla for electrode No. 0363040, Supply, Account No. 522080; and recommending that the sole source purchase be ads made from Laerdal Medical Corporation on the unit price of $18.00 per pair for a total amount not to exceed $5,400.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council R-3 Page 496 4 i1 Tuesday, May 14, 1991 M&C, P-4965 re There was presented Mayor and Council Communication No. P-4965 from the City Manager purchase of con- submitting a tabulation of bids received for the purchase of continuous forms for the tinuous forms Information Systems and Services Department; stating that funds are available in General cleaners Fund GGO1, Center No. 0042000, Account No. 533210 and 533250; and recommending that the purchase be made from OEI Business Forms on its low bid of $13.98 for two-part stock and $22.84 for three-part stock net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-4966 re There was presented Mayor and Council Communication No. P-4966 from the City Manager purchase of horse submitting a tabulation of bids received for the purchase of 57,400 pounds of horse feed for feed the Police Department; stating that funds are available in General Fund GGO1, Center hammers No. 0354000, Northwest Field Operation, Account No. 522040; and recommending that the purchase be made from Mann Farm and Ranch, Inc., on its low bid, meeting City specifications, of $5.80 per 50 pounds for 2,400 pounds of wheat bran (flake) and $4.647 per 50 pounds for 55,000 pounds of whole oats for the period of May 9, 1991, through May 8, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C, P-4967 re There was presented Mayor and Council Communication No. P-4967 from the City Manager purchase agreement stating that a purchase agreement was authorized on June 19, 1991, with Schindler Elevator for maintenance an for maintenance and make routine repairs on elevators in City -owned buildings; that the City repair of City- was informed on April 9, 1991, of a name change from Schindler Elevator Corporation to owned elevators Miller Elevator Service Company, Division of Schindler Elevator Corporation; that service has been satisfactory and vendor has agreed to honor prices as originally quoted; and recommending that the renewal option to the purchase agreement to provide maintenance and repair of City -owned elevators for the Transportation and Public Works Department with Miller Elevator Service Corporation be exercised on low bid item basis for the period from June 19, 1991, through June 18, 1992, with funds available in various accounts. It was the consensus of the City Council that the recommendations be adopted. M&C P-4968 re unanimously. purchase of P.Y.C. There was presented Mayor and Council Communication No. P-4968 from the City Manager sewer pipe type submitting a tabulation of bids received for the purchase of various sizes of P.V.C. sewer SDR35 pipe SDR35 for the Water Department; stating that funds are available to cover the improvements anticipated expenditures; and recommending that the purchase be made from Texas Water Products Company on its low bid of unit prices less seven percent 30 -days, f.o.b. Fort Worth, for the peri od from May 7, 1991, and endi ng May 7, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C -P-4969 re There was presented Mayor and Council Communication No. -P-4969 from the City Manager purchase of four submitting a tabulation of bids received for the purchase of four wet/dry vacuum cleaners wet/dry vacuum for the Water Department; stating that purchases will be charged to Water and Sewer cleaners Inventory Subsidiary Account No. 141279, Water and Sewer Warehouse, Center No. 0000000; and recommending that the purchase be made from Bluebonnet Supply on its low bid, meeting specifications, of $1,993.20 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-4970 re There was presented Mayor and Council Communication No. P-4970 from the City Manager purchase of 15 submitting a tabulation of bids received for the purchase of 15 pneumatic air hammers for pneumatic air the Water Department; stating that purchases will be charged to Water and Sewer Inventory hammers Subsidiary Account No. 141279, Water and Sewer. Warehouse, Center No. 0000000; and recommending that the purchase be made from Texas Contractors Supply Company on its low bid, meeting City specifications, of $10,724.25 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-4971 re There was presented Mayor and Council Communication No. P-4971 from the City Manager purchase of parts submitting a quotation received for the purchase of parts and repair of irrigation systems and repair of ' for the Park and Recreation Department and the Water Department;' stating that funds are irrigation systems sufficient to cover the anticipated expenditures; and recommending that a purchase agreement be authorized with Controller Services, Inc., on its quotation of $40.00 per hour, with an overtime rate of $40.00 per hour and a ten percent discount off list price for replacement parts for the period beginning May 14, 1991, and ending 'May 14, 1992, with the option to renew for two additional years. It was the consensus of the City Council that the recommendation be adopted. M&C L-10508 re There was presented Mayor and Council Communication No. L-10508 from the City Manager cont. for one week recommending that the City pay $36,500.00 for a rectangularly -shaped permanent easement 30 feet in width and 3,250.51 feet in length from Tract 1, J. Wagley Survey, Abstract 1597, and Tract 2A, J.P. Alford Survey, Abstract No. 53, as recorded in Volume 6087, Page 440, Deed Records, Tarrant County, Texas, said easement being located on the northeast corner of Wagley Robertson Road and Bailey Boswell Road where it extends in an easterly direction to the A.T. and Santa Fe Railroad; a rectangularly -shaped temporary easement 35 feet in width and 3,250.51 feet in length out of the same tract and same recordings as the above-described permanent easement and being located adjacent to and parallel to the south boundary line of the permanent easement; and a rectangularly -shaped temporary easement five feet in width and 3,251.63 feet in length and being adjacent to and parallel to the north boundary line of the above-described permanent easement; located at the corner of Wagley Robertson and Bailey Boswell Road; owned by the Estate of Quintaro Peters Courtney, Jr., by Will A. Courtney, Co - Trustee, and Robert W. Decker, Co -Trustee; and required for Northside II Water Transmission Main, Phase II, Section II, Contract 3. Council Member Chappell made a motion, seconded by Council Member Granger, that consideration of Mayor and Council Communication No. L-10508 be continued for one week. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C L-10509 re There was presented Mayor and Council Communication No. L-10509 from the City Manager constructing recommending that the City Council declare 'the necessity of taking certain land for the essential public purpose of constructing essential public improvements heretofore authorized by the City improvements Council and that authority be given the City Attorney to institute eminent domain proceedings to acquire all of Block 56, Glenwood Addition, located on Cromwell Street at the Minutes of City Council R-3 Page 497 4or1� v Tuesday, May 14, 1991 M&C L-10509 cont.II frontage road to Martin Luther King, Jr. Freeway for the Sycamore Creek Golf Course and adopted expansion. It was the consensus of the City Council that the recommendation be adopted. M&C C-12837 re There was presented Mayor and Council Communication No. C-12837, dated April 30, 1991, contract with from the City Manager submitting a proposed agreement with Carter & Burgess, Inc., for a Carter & Burgess,, routing study and preparation of plans and specifications for the West Fork Sewer Relief Inc. Main, WF -2, 3, 4, and 5; describing the proposed project; stating that funds are available in Commercial Paper -Sewer Fund PS46, Center No. 070460220080, West Fork Sewer Relief Main, WF -2, 3, 4, and 5, Account No. 531200 in the amount of $1,949,500.00 and Account No. 511070 in the amount of $30,000.00; and recommending that the City Manager be authorized to execute an engineering agreement with Carterl & Burgess, Inc., for a total fee not to exceed $1,949,500.00. Council Member Meadows requested permission of the City Council to abstain from voting on Mayor and Council Communication No. C-12837. Council Member Gilley made a motion, seconded by Council Member Zapata, that Council Member Meadows be permitted to abstain from voting on Mayor and Council Communication No. C-12837. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Zapata made a motion, seconded by Council Member Gilley, that the recommendations contained in Mayor and Council Communication No. C-12837 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 M&C C-12855 re,� There was presented Mayor and Council Communication No. C-12855 from the City Manager acceptance of stating that the United States Department of Education proposes to grant $35,000.00 to the grant City of Fort Worth to establish a collaborative relationship between the Southeast Asian community and the library and to provide library materials in a broad range of subjects on appropriate reading levels in Cambodian, Vietnamese, Thai, and Laotian for Fiscal Year 1992 (October 1, 1991, through September 30, 1992); that no City funds are required for the grant; and recommending that the City Manager be authorized to apply for and accept, if offered, a grant in the amount of $35,000.00 from the United States Department of Education under the Foreign Language Materials Acquisition Program authorized by Title V, Section 501 of the Library Services and Construction Act; execute a grant contract with the United States Department of Education; and use the 1991 indirect cost rate of 31.68 percent in applying and administering this grant (total indirect cost not to exceed $3,641.00). It was the consensus of the City Council that the recommendations be adopted. M&C C-12856 re I There was presented Mayor and Council Communication No. C-12856 from the City Manager grant application stating that, on February 8, 1991, the Texas Department of Commerce received funding in the with Texas De- amount of 2.3 million dollars from the U.S. Department of Labor Secretary's Discretionary partment of Fund; that, of this initial grant, $500,00.00 has been allocated to the City of Fort Commerce Worth/The Working Connection to provide retraining services to A-12 and other General Dynamics dislocated workers laid off on January 8, 1991, when the A-12 defense contract was canceled; that additional funds will be made available to The Working Connection once the Department of Labor approves the full grant application; describing the services to be provided by The Working Connection; describing the proposed budget for Program Year 1991; stating that funds will be available contingent upon the execution of the contract with the Texas Department of Commerce; and recommending that the City Manager be authorized to: M&C•C-12856 adopte M&C C-12857 re contract with Howard Constructio Company i, 1. Accept a grant from the Texas Department of Commerce (TDOC) in the amount of $500,000.00 to provide services under the Job Training Partnership Act Title III Economic Dislocation and Worker Adjustment Act (EDWAA) to workers dislocated from General Dynamics when the A-12 defense contract was canceled and other dislocated General Dynamics' workers for the period February 8, 1991 through August 8, 1992; and 2. Negotiate a contract with the Texas Employment Commission (TEC) for an amount not to exceed $75,000 for retraining services under the grant; and 3. Authorize the Accounting Division of the Finance Department, subject to the City Manager's acceptance of the contracts, to establish the specified project accounts in the City of Fort Worth financial accounting system; and 4. Apply Indirect Cost in accordance with the City's Administrative Regulation 3-15 (apply the 1990 rate of 2.44 percent which represents the most recently approved rate for the Employment and Training Department). It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. C-12857 from the City Manager submitting a tabulation of bids received for improvements to the intersection of Long Avenue and Clinton Avenue; and recommending that a contract be authorized with Howard Construction Company in the amount of $23,777.00 and 30 working days and that a bond fund transfer in the amount of $26,154.70 be authorized from GS67-0020670409010, Inner City Streets Unspecified, to GS67-020670402780, Long Avenue and Clinton Avenue Intersection Improvements, to provide Minutes of City Council R-3 Page 498 4 91 Tuesday, May 14, 1991 M&C C-12857 cont. and adopted funds for construction plus change orders. It was the consensus of the City Council that the recommendations be adopted. M&C C-12858 re There was presented Mayor and Council Communication No. C-12858 from the City Manager contract with stating that the Department of Transportation and Public Works plans to reconstruct Spurgeon Leonard Technical Street from Trail Lake Drive to I-820 and the Water Department has determined that water Services, Inc. and/or sanitary sewer lines in this street need to be replaced; that Leonard Technical Services, Inc., is designing plans and specifications for the street reconstruction project and, in order to advertise for bids in conjunction with the street reconstruction, the Water Department is recommending that Leonard Technical Services, Inc., design the plans and specifications for the water and/or sewer replacements; and recommending that the City Council: 1. Authorize a fund transfer in the amount of $16,145.00* from Water and Sewer Operating Fund PE45, Account No. 541200, Center No. 0609020 to Water Capital Improvement Fund PW53, Center No. 060530220180, Water Replacement, Spurgeon Street; 2. Authorize a fund transfer in the amount of $5,444.00* from Water and Sewer Operating Fund PE45, Account No. 541200, Center No. 0709020 to Sewer Capital Improvement Fund PS58, Center No. 070580220330, Sewer Replacement, Spurgeon Street; and _ *Includes $500.00 for Plan Review by the Water Department. 3. Authorize the City Manager to execute an engineering agreement with Leonard Technical Services, Inc. for Water and Sanitary Sewer Replacement in Spurgeon Street for a total fee not to exceed $20,588.72. M&C C-12858 adopted It was the consensus of the City Council that the recommendations be adopted. M&C C-12859 re There was presented Mayor and Council Communication No. C-12859 from the City Manager contract with proposing that North Texas Engineering provide plans and specifications for replacing North Texas En approximately 6,650 linear feet of eight inch water pipe, approximately 1,000 linear feet gi neeri ng of eight inch sewer pipe, and approximately 500 linear feet of ten -inch sewer pipe in Bonnell Avenue from Merrick to Bryant Irvin Road and in Bird Street from Sylvania to Riverside Drive; and recommending that the City Council: 1. Authorize a fund transfer in the amount of $20,590.00* from Water and Sewer Operating Fund PE45, Account No. 541200, Center No. 0609020 to Water Capital Improvement Fund PW53, Center No. 060530220160, Water Replacement, Bonnell and Bird; 2. Authorize a fund transfer in the amount of $6,360.00* from Water and Sewer Operating Fund PE45, Account No. 541200, Center No. 0709020 to Sewer Capital Improvement Fund PS58, Center No. 070580220290, Sewer Replacement, Bonnell and Bird; and *Includes $1,000.00 for Plan Review by the Water Department. 3. Authorize the City Manager to execute an engineering agreement with North Texas Engineering for the Water and Sanitary Sewer Replacement in Bonnell Avenue and Bird Street for a total fee not to exceed $24,950.00. M&C C-12859 adopted It was the 'consensus of the City Council that. the recommendations be adopted. M&C C-12860 re There was presented Mayor and Council Communication No. C-12860 from the City Manager contract with stating it is in the City's interest to have the Water Code, Section 13.043(f) amended; that Johnson & Gibbs, this section deals with the jurisdiction of the Texas Water Commission over wholesale water P.C. and wastewater rates and the amendment desired would limit the Commission's jurisdiction to rates not set by contract or by rates set by contracts entered into after September 1, 1989; that funds are available in Water and Sewer Operating Fund PE45, Center No. 0701000, Sewer Administration, Account No. 531200; and recommending that the City Manager be authorized to execute an agreement with the law firm of Johnson & Gibbs, P.C., not to exceed $25,000.00 exclusive of necessary and reasonable expenses to provide legislative assistance in the area of water and wastewater rate regulation. It was the consensus of the City Council that the recommendation be adopted. M&C C-12861 re There was presented Mayor and Council Communication No. C-12861 from the City Manager contract with stating that the wholesale water contracts in effect with wholesale customers require annual Financial Concepts rate revisions; proposing that Financial Concepts and Applications, Inc., be employed to and Applications, conduct this study and recommend rate modifications in the contract rates; stating that Inc. funds are available in Water and Sewer Operating Fund PE45, Center No. 0601000 in the amount of $37,500.00, Water Administration and Center No. 0701000, Sewer Administration in the amount of $37,500.00, Account Code 539120; and recommending that the City Manager be authorized to execute a contract with Financial Concepts and Applications, Inc., in an amount not to exceed $75,000.00. It was the consensus of the City Council that the recommendation be adopted. &C C-12862 re There was presented Mayor and Council Communication No. C-12862 from the City Manager` ontract with Walt submitting a tabulation of bids received for concrete valley gutters (91-1) and recommending illi ams Construc- that the City Manager be authorized to execute a contract with Walt Williams Construction, ion, Inc. Inc., in the amount of $272,000.00 and 47 working days and that a fund transfer in the amount of $285,600.00 be approved from GS67-020670359010, Miscellaneous Streets and Drainage, Unspecified, to GS67-020670531240, Concrete Valley Gutters (91-1), to provide Minutes of City Council R-3 Page 499 Tuesday, May 14, 1991 M&C C-12862 cont.lithe funds for construction plus change orders. It was the consensus of the City Council that and adopted recommendations be adopted. M&C C-12863 re There was presented Mayor and Council Communication No. C-12863 from the City Manager contract with submitting a tabulation of bids received for improvements of Yolanda Drive at Azteca Drive L: Grimes Company' and the reconstruction of Yolanda Drive from Weiler Boulevard to Jacqueline Road; and Inc": recommending that the City Council: at a cost of $55,182.60 and the deletion of 1,644 S.Y. of concrete pavement and 1. Authorize the City Manager to approve the following bond fund transfer: change order is in the credit amount of $3,035.10. The unit prices proposed by FROM TO AMOUNT REASON PROJECT COST: GS67-020670409010 GS67-020670253800 $66,085.45 To provide funds Approved Change Order No. 1: .434,881.65 (Credit) Inner City Streets Yolanda, Jacqueline for construction Proposed Contract Amount: $1,508,0T8_.97 Unspecified to Weiler plus change No additional funding is required for this change order since the value of the pavement items being deleted exceeds the value of the additional storm drain. orders. It was the consensus of the City Council that the recommendation, as contained in Mayor and GS67-020670359010 GS67-020670253800 $82,235.62 To provide funds There was presented Mayor and Council Communication No. C-12866 from the City Manager, Misc. Streets and Yolanda, Jacqueline for construction SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SEVENTEENTH YEAR CONTRACT Drainage to Weiler plus change Unspecified orders. 2. Authorize the City Manager to execute a contract with L. Grimes and Company, Inc., for Intersection Improvements of Yolanda Drive at Azteca Drive, and Reconstruction of Yolanda Drive, from Weiler Boulevard to Jacqueline Road, in the amount of $141,258.16, and 30 working days. M&C C-12863 ad op to It was the consensus of the City Council that the recommendations be adopted. M&C C-12864 re There was presented Mayor and Council Communication No. C-12864 from the City Manager, contract with as follows: J.L. Bertram Con- struction on- struction and ; SUBJECT: TRINITY BOULEVARD FROM S.H. 360 TO CAMBRIDGE STREET - CHANGE ORDER Engineering, Inc. NO. 2 (J. L. BERTRAM CONSTRUCTION AND ENGINEERING, INC.) RECOMMENDATION: It is recommended that the City Manager be authorized to execute Change Order No. 2 to the J.L. Bertram Construction and Engineering, Inc., contract for the reconstruction of Trinity Boulevard from SH 360 to Cambridge Street, in the credit amount of $3,035.10, reducing the total contract amount to $1,508,048.97. DISCUSSION: On October 30, 1990 (M&C C-12584), the City Council awarded a contract in the amount of $1,945,965.72 to J.L. Bertram Construction and Engineering, Inc., for the reconstruction of Trinity Boulevard from S.H. 360 to Cambridge Street which was reduced in scope by Change Order No. 1. (M&C C-12580). Minutes of City Council R-3 Page 500 PROPOSED CHANGE ORDER NO. 2:.. During the demolition process, it became apparent that the water in the subgrade was still excessive which would create future failures. Since there are no additional funds available forthe additional drainage facilities, it is proposed to reduce the amount of paving in order to fund the drain installation. Proposed Change Order No. 2 provides for the addition of 9,290 ft. of edge drain at a cost of $55,182.60 and the deletion of 1,644 S.Y. of concrete pavement and related work items in the amount of $58,217.70. The net amount of this proposed change order is in the credit amount of $3,035.10. The unit prices proposed by the contractor for the drain are fair and reasonable. PROJECT COST: Original Contract Amount: $1,945,965.72 Approved Change Order No. 1: .434,881.65 (Credit) Proposed Change Order No. 2: 3,035.10 (Credit) Proposed Contract Amount: $1,508,0T8_.97 FINANCING: No additional funding is required for this change order since the value of the pavement items being deleted exceeds the value of the additional storm drain. M&C C-12864 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-12864, be adopted. M&C C-12866 re There was presented Mayor and Council Communication No. C-12866 from the City Manager, Community Develop- as follows: ment Block Grant SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SEVENTEENTH YEAR CONTRACT ACTIVITIES Minutes of City Council R-3 Page 500 M&C C-12866 cont. 501 Tuesday, May 14, 1991 RECOMMENDATIONS: It is recommended that the City Council authorize the City Manager to: 1. Execute contracts with the following organizations to administer their respective programs, contingent upon approval and receipt of adequate funding from the U.S. Department of Housing and Urban Development. Except where noted, all contracts will begin June 1, 1991 and end May 31, 1992. A. Senior Citizen Services of Greater Tarrant County, Inc., to operate the Riverside Senior Citizens' Program, in an amount not to exceed $23,275.00; B. Day Care Association of Fort Worth and Tarrant County, to operate the Pre -School Child Care Program, in an amount not to exceed $140,000.00; . C. YMCA of Metropolitan Fort Worth, to operate the School -Age Child Care Program, in an amount not to exceed $133,750.00; D. Fort Worth Independent School District, to operate the Polytechnic High School Child Care Program, in an amount not to exceed $10,000.00 from August 1, 1991 to May 31, 1992; E. Fort Worth Hispanic Chamber of Commerce, to operate the Fort Worth Small Business Development Program, in an amount not to exceed $70,852.00 in CDBG funds and additional program fees in an amount not to exceed $4,206.00; F. Women's Center of Tarrant County, to operate the Whispering Oaks Transitional Housing Demonstration Program, in an amount not to exceed $35,000.00; G. Liberation Community, Inc., to operate the Liberation Community Revolving Loan Housing Program;: in an amount not to exceed $80,000.00; H. Fort Worth Independent School District, to operate the Diamond Hill Child Care Assistance Program, in an amount not to exceed $10,000.00 from August 1, 1991 to May 31, 1992; I. Liberation Community, Inc., to administer the "Operation I Will" Program, in an amount not to exceed $35,000.00 for administration and $210,786.00 for rental subsidies ($130,082.00 from Year XVII Entitlement and $80,704.00 from Year XII); J. Boys and Girls Clubs of Greater Fort Worth, Inc., to operate the J.A. Cavile Kids Sports Program (JACKS), in an amount not to exceed $15,000.00; and K. Southside Area Ministries, to operate the Mid -South Seniors Program, in an amount not to exceed $1,500.00. 2. Execute a contract with the First Gibraltar Bank, f.s.b., to allow the deposit of an additional allocation of up to $2,542,712.00 into Grants Fund 76, Center No. 005206092170, for the Home Improvement Loan program; 3. Transfer up to $50,000.00 in revenues from program income earned during CDBG Year XVI, and up to $200,000.00 in revenues earned during Year XVII from the Grants Fund 76, Hyatt Regency Parking Garage Rental Income Center No. 005206948000, HUD Discretionary Grant Center No. 005206065000, and HUD Revolving Loan Fund 91, Center No. 005206066000, to the Grants Fund 76, Home Improvement Loan Center No. 005206092170, as earned; and 4. Establish the accounts listed below for financing the programs. DISCUSSION - On March 5, 1991, the City Council approved the Seventeenth Year Community Development Block Grant Proposed Final Statement of Objectives, Projected Use of Funds and Displacement Plan. The programs described below are included in the June 1991 -May 1992 budget and require contracting approval. In an effort to begin all programs in a timely manner, it is necessary to establish accounts and prepare contracts for each program. The programs were approved by the Community Development Council on January 14, 1991 for inclusion in the Year XVII CDBG budget. PROJECT DESCRIPTION: r 1. Senior Citizen Services - Riverside Senior Citizen Center Program This program will include outreach, information and referral, and social and recreational activities for at least 200 elderly citizens in the Riverside Senior Citizen Center. Funding will be available in the amount of $23,275.00, in Grant Fund GR76, Center No. 005206092700; Minutes of City Council R-3 Page 501 Tuesday, May 14, 1991 M&C C-12866 cont. 11 2. The Day Care Association - Pre -School Child Care Program This program will provide full-day care for 289 children (up to 5 years of age) whose parents are employed or seeking employment and reside in the Near North and Near Southeast target areas. Funding will be available in the amount of $140,000.00, in Grant Fund GR76, Center No. 005206092710.- 3. 05206092710; 3. YMCA of Metropolitan Fort Worth - School Age Child Care Program This program will provide before and after school care during the school year and full-day care during school vacations for 420 children (ages 5 to 9) whose parents are employed or seeking employment and reside within the Como, Diamond Hill, Far -North, Mid -South, Near -North, Near -Southeast, Polytechnic Heights, Riverside, Stop Six and Worth Heights target areas. Funding will be available in the amount of $133,750.00 in Grant Fund GR76, Center No. 005206092750; 4. Fort Worth Independent School District -.Polytechnic High School Child Care Program This program will provide special child care for a daily average of 22 infants and toddlers of teenage parents enrolled in Polytechnic High School. Parents will receive training in child development and specialized supportive services, and each child will receive an assessment to determine whether they are developmentally delayed. Funding will be available in the amount of $10,000.00 in Grant Fund GR76, Center No. 005206092810. This is a ten-month contract to coincide with the school year from August 1, 1991 through May 31,1992; 5. Fort Worth Hispanic Chamber of Commerce - Fort Worth Small Business Development Program This program will create 80 jobs for low and moderate -income persons and provide marketing and management assistance to approximately 95 small and disadvantaged businesses located within the city limits of Fort Worth. Funding will be available in the amount of $70,852.00 in CDBG funds and up to an additional $4,206.00 in program fees, if earned, in Grant Fund GR76, Center No. 005206092850; 6. Women's Center of Tarrant County - Whispering Oaks Transitional Housing Demonstration Program This site-based program will provide case management to 77 low-income families and assist residents in developing a neighborhood support system to assist them in becoming self-sufficient. Funding will be available in the amount of $35,000.00, in Grant Fund GR76, Center No. 005206092200; 7. Liberation Community, Inc. - Liberation Community Revolving Loan Program This revolving loan program will screen and qualify prospective clients and assist with the purchase and rehabilitation of selected houses in Polytechnic Heights. Funding will be available in the amount of $80,000.00 for rehabilitation in Grant Fund GR76, Center No. 005206092240; 8. Fort Worth Independent School District - Diamond Hill Child Care Assistance Program This program will subsidize pre-school child care for at least 14 teen parents in the Diamond Hill Target Area, enabling them to finish school. Funding will be available in the amount of $10,000.00, in Grant Fund GR76, Center No. 005206092770; 9. Liberation Community, Inc. - Rental Assistance Administration and Rental Subsidies Program ("Operation I Will") This program will provide funding for staff support to administer rental subsidies and screen and select clients for "Operation I Will." Funding will be available in the amount of $35,000.00 for administration, Grant Fund GR76, Center No. 005206092280, and rental subsidy funds in the amount of $130,082.00 will be available in Grant Fund GR76, Center No. 005206092270 and $80,704.00 will be available in Grant Fund GR76, Center No. 005206081240 (funds in the amount of $80,704.00 in Grant Fund GR76, Center 005206081240 are encumbered under expired contract and can now be released). 10. Boys and Girls Clubs of Greater Fort Worth, Inc. - J.A. Cavile Kids Sports Program (JACKS) This program will serve 450 youth ages 6-17 at the J.A. Cavile Place Housing Complex. The youth will be provided constructive, alternative activities to avoid direct or indirect involvement with drugs. Funding will be available in the amount of $15,000.00, in Grant Fund GR76, Center No. 005206092720; Minutes of City Council R-3 Page 502 Tuesday, May 14, 1991 &C C-12866 cont. 11 11. Southside Area Ministries - Mid -South Seniors Program Honorary Citizen- ship presented::to Rotary Internation al Study Exchange Group, District 308 M&C C-12867 re contract with Fort Worth Zoological Association S'!3 This program will provide a weekly nutritious breakfast and special program presentation to senior citizens at the Fire Station Recreation Center. This assistance helps to alleviate isolation and foster self-sufficiency. Funding will be available in the amount of $1,500.00, in Grant Fund GR76, Center No. 005206092690. 12. Department of Housing and Human Services - Home Improvement Loan Program (HIL) This in-house program, administered by the Housing and Human Services staff, is designed to provide 250 low and moderate -income families with financial assistance for home repair. The HIL operates in conjunction with First Gibraltar Bank, f.s.b., which is the loan servicing agency. This contract authorizes the expenditure of new funds (CDBG Year XVII) in the amount of $2,542,712.00; $1,318,686.00 is for the Rehabilitation Assistance Program, and $1,224,026.00 for the Home Improvement Loan Program rehabilitation loans. These amounts are to be encumbered immediately and deposited with First Gibraltar Bank in accordance with a newly -executed depository agreement. Funds outside of the CDBG Year XVII Entitlement, to be earned or repro- grammed into the Home Improvement Loan Program, are $50,000.00 left over from the previous year's revenue accounts and up to $200,000.00 projected to be earned in the next year's revenue accounts. An additional $50,000.00 will be reallocated and deposited when earned and available. Funding will be available for home repair in the amount of $2,542,712.00, in Grant Fund GR76, Center No. 005206092170. Indirect cost rates do not apply to these contracted programs since the expenditures pass through. FINANCING Financing for the above programs is contingent upon receipt of adequate funding from the U.S. Department of Housing and Urban Development on or before June 1, 1991. Council Member Chappell requested permission of the City Council to abstain from voting on Mayor and Council Communication No. C-12866. Mayor Bolen declared his certificate of deposit with Gibraltar Savings as a conflict of interest on Mayor and Council Communication No. C-12886. Council Member McCray disclosed a conflict of interest involving an IRA with First Gibraltar Bank on Mayor and Council Communication No. C-12866. City Attorney Adkins advised the City Council that Mayor Bolen need only to disclose an interest at First Gibraltar Bank and that Council Member McCray needs to disclose his interest and is disqualified from voting on Mayor and Council Communication No. C-12866. Council Member Meadows made a motion, seconded by Council Member Garrison, that Council Member Chappell and McCray be permitted to abstain from voting on Mayor and Council Communication No. C-12866. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Meadows made a motion, seconded by Mayor Pro tempore Garrison, that Mayor and Council Communication No. C-12866 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, Gilley, Meadows, and Webber NOES: None ABSENT: None NOT VOTING: Council Members McCray and Chappell An honorary citizenship certificate was presented to the Rotary International Study Exchange Group, District 308. There was presented Mayor and Council Communication No. C-12867 from the City Manager, as follows: SUBJECT: RECONSIDERATION AND RESCISSION OF M&C C-12552, AS AMENDED, FOLLOWED BY CONSIDERATION AND APPROVAL OF AND AUTHORIZATION TO EXECUTE A CONTRACT WITH FORT WORTH ZOOLOGICAL ASSOCIATION FOR THE PROVISION OF MANAGEMENT SERVICES TO THE FORT WORTH ZOO RECOMMENDATIONS: It is recommended that the City Council: 1. Reconsider and rescind M&C C-12552, as amended; Minutes of City Council R-3 Page 503 r -t' , J" - &C C-12867 cont. r. Ed Moore re &C C-12867 Tuesday, May 14, 1991 2. Following rescission of M&C C-12552, approve the attached contract with the Fort Worth Zoological Association for the provision of management services to the Fort Worth Zoo; and 3. Following approval of the attached contract as provided in Recommendation 2 above, authorize the City Manager to execute the approved contract. DTSCHSSTON - On October 16, 1990, the City Council approved M&C C-12552, as amended, which authorized the City Manager to execute a contract with the Fort Worth Zoological Association for operation of the Fort Worth Zoo, subject to the City Attorney obtaining a declaratory judgment from a court of competent jurisdiction declaring that the contract was not subject to the competitive bid procedures prescribed by Chapter 252 of the Texas Local Government Code. Following the City Council's approval of M&C C-12552, there have been further contract negotiations between the City staff and the Zoological Association which have resulted in revisions to the subject contract. As a result, the City staff, including the Department of Law, are of the opinion that a declaratory judgment as to the applicability of the competitive bid law is no longer necessary. Therefore, the City staff recommends that the City Council reconsider and rescind M&C C-12552, as amended, and thereafter approve the attached contract and authorize the City Manager to execute the attached contract, without the requirement that the City Attorney first obtain a declaratory judgment. FINANCING: Funds in the amount of $1.5 million have already been approved and are available in the 1990 - 91 Park and Recreation Department budget to pay the salaries of City employees assigned to work at the Zoo during the first year of this contract. Subsequent years' funding of City employees' salaries will be subject to the usual annual budget appropriations for salaries. Mr. Ed Moore, 616 Westwood Avenue, representing the Taxpayers Association of Fort Worth and Tarrant County, appeared before the -City Council and expressed opposition to City Council approval of Mayor and Council Communication No. C-12867 before the newly elected City Council is sworn in. Council Member Meadows advised the City Council that he has consulted with City Attorney Adkins and he has reaffirmed that Council Member Meadows has absolutely no conflict of interest that would disqualify him from participating in the debate and discussion of Mayor and Council Communication No. C-12867 or from voting on this matter. City Attorney Adkins advised the City Council that what Council Member Meadows says is correct; and that the Ethics Review Committee unanimously found that Council Member Meadows was not disqualified form voting on matters relating to the Zoological Association. r: David B.' Knapp Mr. David B. Knapp, 2200 Winton Terrace East, representing Friends of the Park, e M&C C-12867 appeared before the City Council and advised the City Council that, in his opinion, Friends of the Park is a qualified bidder under Senate Bill 862 and wishes to submit a bid for management services of the Zoo if given the opportunity; referenced a letter dated May 10, 1991, submitted to the City Secretary and filed with the City Secretary's office on May 9, 1991; Mr. Knapp discussed his interpretation of Senate Bill 862; and spoke of his exceptions to the proposed contract. Council Member Gilley made a motion, seconded by Council Member Meadows, that the City Council find that the Fort Worth Zoological Association has provided significant financial benefits to the Fort Worth Zoo; that the contract shall commence on the effective date of the contract and shall terminate effective at midnight on May 14, 2011, such date to be incorporated into the contract, and that Mayor and Council Communication No. C-12867 be approved, as amended. Council Member Chappell requested that each of the recommendations as contained in Mayor and Council Communication No. C-12867 be voted on separately. Council Member McCray made a motion, seconded by Council Member Webber, that substitute language be entered in Section 3.17 of the management services contract with the Fort Worth Zoological Association; as follows: It is the policy of the City of Fort Worth to involve disadvantaged business enterprises (DBEs) in all phases of its procurement practices and to provide them an equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and supplies, and provision of other services required by the City. Therefore, the Fort Worth Zoological Association agrees to incorporate City Council Policy No. 148, dated March 13, 1990, and all amendments or successor policies thereto, into all contracts of the Association and will further require all persons or entities with whom it contracts to comply with said Policy. A true and correct copy of City Council Policy No. 148 is attached hereto as Exhibit "C". . Council Member Chappell advised City Council that the City Council Rules of Procedure permit a City Council person to request that a division be made if subject matters that are included in the motion have two or more points. Minutes of City Council R-3 Page 504 &C C-12867 cont. Tuesday, May 14, 1991 City Attorney Adkins advised the City Council that the City Council Rules of Procedure allows for division of a question if two or more points are involved and ruled that the recommendations as contained in Mayor and Council Communication No. C-12867 needed to be voted on separately. Council Member Zapata made a motion, seconded by Council Member Granger, that Recommendation No. 1, contained in Mayor and Council Communication No. C-12967, that the City Council reconsider and rescind Mayor and Council Communication No. C-12552, as amended, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Gilley made a motion, seconded by Council Member Meadows, that the City Council find that the Fort Worth Zoological Association has provided significant benefit to the Fort Worth Zoo and it is a sole source provider for the management services of this contract and that Recommendation No. 2 contained in Mayor and Council Communication No. C-12867, that, following rescission of M&C C-12552, the City Council approve the contract with the Fort Worth Zoological Association, be adopted. Council Member McCray made a motion, seconded by Council Member Webber, that the proposed contract with the Fort Worth Zoological Association be amended by substituting in Section 3.17 language, as follows: It is the policy of the City of Fort Worth to involve disadvantaged business enterprises (DBEs) in all phases of its procurement practices and to provide them an equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and supplies and provision of other services required by the City. Therefore, the Fort Worth Zoological Association agrees to incorporate City Council Policy No. 148, dated March 13, 1990, and all amendments or successor policies thereto, into all contracts of the Association and will further require all persons or entities with whom it contracts to comply with said Policy. A true and correct copy of City Council Policy No. 148 is attached hereto as Exhibit "C". When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Gilley made a motion, seconded by Council Member Meadows, that the City Council find that the Fort Worth Zoological Association has provided significant benefit to the Fort Worth Zoo; that it is a sole source provider for the management services of this contract; that the term of this agreement shall commence on the effective date and shall expire at midnight on May 14, 2011; and that Recommendation No. 2 contained in Mayor and Council Communication No. C-12867, that, following rescission of M&C C-12552, the City Council approve the contract (as amended) with the Fort Worth Zoological Association, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, and Webber NOES: Council Member Chappell ABSENT: None Council Member Gilley made a motion, seconded by Council Member McCray, that Recommendation No. 3 contained in Mayor and Council Communication No. C-12867, that, following approval of the contract as provided in Recommendation No. 2, the City Council authorize the City Manager to execute the approved contract, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: 11 AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, and Webber NOES: Council Member Chappell ABSENT: None Assistant City Attorney Wood advised the City Council that Council Member McCray's language makes City Council Policy No. 148 applicable to revenues generated through operation at the Zoo by the Fort Worth Zoological Association and to any other funds through Minutes of City Council R-3 Page 505 donations, private or otherwise, that the Zoological Association may receive. M&C C-12868 re There was presented Mayor and Council Communication No. C-12868 from the City Manager contract with submitting a tabulation of bids received for the construction of parking lot improvements Austin Paving Com- in Forest Park; stating that funds for salaries, fringe benefits, outside printing, office p any supplies, and construction are available in the amount of $26,284.45 in various Park and Recreation Accounts and $3,020.24 for salaries in Transportation/Public Works Account and, upon adoption of a supplemental appropriations ordinance, sufficient funds will be available in General Fund GGO1, Non -Departmental Center 0909101 for transfer; that upon completion of Recommendation No. 2, sufficient funds will be available in Special Funded Capital Projects Fund GC35, Center No. 080300000000, Forest Park Parking Lot, and, upon receipt of the annual GSIA payment of $1,434,193.00, sufficient funds will be available in the Capital Projects Reserve Fund in the amount of $1,568,526.79 to reimburse the General Fund balance, and recommending that the City Council: 1. Adopt the attached supplemental appropriations ordinance, increasing appropriation in Fund GGO1, Non -Departmental Special Transfers Center No. 0909101, by $1,568,526.79 and decreasing the unrestricted, undesignated fund balance of General Fund by the same amount; Minutes of City Council R-3 Page 505 SAO Tuesday, May 14, 1991 M&C' C-12868 cont. 2. Authorize the City Manager to execute the following transfer of funds: From To Amount Non -Departmental Special Special Funded Capital $1,568,526.79 Transfers Projects, Fund GC35, Fund GGO1, Center No. Center 080300000000, 0909101 Forest Park Parking Lot 3. Authorize the City Manager to execute a contract with Austin Paving Company in the amount of $1,539,222.10 for the construction of parking lot improvements in Forest Park. 4. Authorize the City Manager to reimburse the General Fund unrestricted, undesignated fund balance in the amount of $1,568,526.79 upon receipt of annual G.S.I.A. payment in June 1991. Mr. David Knapp re Mr David Knapp, 2200 Winton Terrace East, appeared before the City Council and spoke M&C C-12868 in opposition to Mayor and Council Communication No. C-12868. Council Member Gilley made a motion, seconded by Council Member McCray, that Mayor and Council Communication No. C-12868 be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, and Webber NOES: Council Member Chappell ABSENT: None Introduced an Council Member Gilley introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, and Webber NOES: Council Member Chappell ABSENT: None The ordinance, as adopted, is as follows: ORDINANCE NO. 10845 Ordinance No. 10845 AN ORDINANCE INCREASING THE APPROPRIATIONS IN THE GENERAL FUND, GGO1, OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1990-91 BY $1,568,526.79 AND DECREASING THE UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT AND APPROPRIATING SAID $1,568,526.79 TO THE GENERAL FUND, GG01, TRANSFER PAYMENTS, ACCOUNT No. 538070, NON - DEPARTMENTAL SPECIAL TRANSFERS, CENTER No. 0909101 SAID FUNDS TO BE USED FOR THE PURPOSE OF TRANSFERRING SAID FUNDS TO THE SPECIAL FUNDED CAPITAL PROJECTS FUND TO BUILD THE FOREST PARK PARKING LOT; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECT DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. Minutes of City Council R-3 Page 506 This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C C-12869 re There was presented Mayor and Council Communication No. C-12869 from the City Manager transfer of funds submitting a tabulation of bids received for Taxiway "H" paving, marking, and lighting improvements at improvements at Fort Worth Alliance Airport; and recommending that the City Council: Fort Worth Alliance Airport 1. Adopt the attached supplemental appropriations ordinance increasing appropriations by $2,972,217 from General Fund GG01, Non -Departmental - Special Transfers Center No. 0909101 and decreasing the unreserved, undesignated fund balance of the General Fund by the same amount; and 2. Approve the transfer of $2,972,217 from General Fund GG01, Non - Departmental - Special Transfers Center No. 0909101 to Grant Fund GR76, Center No. 055218607010, Alliance Taxiway "H"; and 3. Authorize the City Manager to apply and accept a grant from the Federal Aviation Administration in an amount equal to the contract with Apac- Texas, Inc.; and Minutes of City Council R-3 Page 506 5� 7 Tuesday, May 14, 1991 M&C C-12869 cont. 4. Authorize the City Manager to execute a contract with Apac-Texas, Inc. in the amount of $2,972,217 for the paving of Taxiway "H" at the Fort Worth Alliance Airport, subject to: a. Award and execution of a grant from the Federal Aviation Administration whereby the subject improvements are funded; and b. Approval by the Federal Aviation Administration of the contract award. M&C C-12869 adopte�I On motion of Council Member Gilley, seconded by Council Member Chappell, the recommendations 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 Chappell. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10846 10846 AN ORDINANCE INCREASING APPROPRIATIONS BY $2,972,217.00 IN THE GENERAL FUND, GGO1, NON-DEPARTMENTAL/SPECIAL TRANSFERS, CENTER No. 0909101 AND DECREASING THE UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT AND APPROPRIATING SAID $2,972,217.00 TO THE GRANT FUND, GR76, ALLIANCE TAXIWAY "H", CENTER No. 055218607010, SAID FUNDS TO BE USED FOR PURPOSE OF CONTRACTING FOR TAXIWAY"H" PAVING, MARKING AND LIGHTING IMPROVEMENTS AT FORT WORTH ALLIANCE AIRPORT; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OR PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C FP -2811 re There was presented Mayor and Council Communication No. FP -2811 from the City Manager final payment to stating that Heritage Parkway and Alliance Boulevard Access Road were accepted and approved APAC-Texas , Inc. for final payment in the amount of $24,355.13 on February 26, 1991, by Mayor and Council Communication No. FP -2790; that, subsequent to final payment, the contractor and project inspector found that 49317 cubic yards of channel excavation was not included in the final estimate; that funds are available in New Development Fund GS90, Retainage Account No. 205005, Center No. 000901360790; and recommending that a supplemental final payment in the amount of $6,475.50 be authorized to APAC-Texas, Inc., Texas Bitulithic Division for construction of Heritage Parkway and Alliance Boulevard at Alliance Airport under City Secretary Contract No. 17090. It was the consensus of the City Council that the recommendation be adopted. M&C FP -2812 re There was presented Mayor and Council Communication No. FP -2812 from the City Manager contract with stating that Contract No. 18101 with Steed, Inc., authorized on September 25, 1990, for Steed, Inc. Water Rehabilitation at Four Locations, Contract "R", has been completed in accordance with plans and specifications under Contract No. 18101 authorized on September 25, 1990, and recommending that the project be accepted as complete and that final payment in the amount $25,337.72 be authorized to Steed, Inc. It was the consensus of the City Council that the recommendation be adopted. M&C FP -2813 re There was presented Mayor and Council Communication No. FP -2813 from the City Manager final payment to stating that the Clinic Addition to Worth Heights Multi -Purpose Center has been completed Sedalco Company in accordance with plans and specifications under Contract No. 17729 authorized to Sedalco, Inc., on February 2, 1990; and recommending that the project be accepted as complete and that final payment in the amount of $16,300.00 be authorized to Sedalco, Inc. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2814 re There was presented Mayor and Council Communication No. FP -2814 from the City Manager cont. for one week stating that the assessment paving of Randol Mill Road from I-30 to Meadowbrook and of Meadowbrook Boulevard from Eastchase to Village Creek has been completed in accordance with plans and specifications under Contract No. 16711 authorized to APAC-Texas, Inc. (Texas Bitulithic Division) on October 4, 1988; and recommending that the project be accepted as complete; that final payment in the amount of $5,467.68 be authorized to APAC-Texas, Inc. (Texas Bitulithic Division); and that the final assessment rolls be approved and -that issuance of certificates be authorized in evidence of the special assessments levied against the abutting property owners of Randol Mill Road from I-30 to Meadowbrook and of Meadowbrook Boulevard from Eastchase to Village Creek. Council Member Granger made a motion, seconded Minutes of City Council R-3 Page 507 0 Tuesday, May 14, 1991 MAC FP -2814 cont.II by Council Member Zapata, that Mayor and Council Communication No. FP -2814 be continued for and adopted one week. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C FP -2815 re There was presented Mayor and Council Communication No. FP -2815 from the City Manager final payment to stating that the improvements to Northwest 19th and Macie Street and storm drain Walt Williams improvements has been completed in accordance with plans and specifications under Contract Construction Com- No. 17465 authorized with Walt Williams Construction Company on October 17, 1989; and pa ny recommending that the project be accepted as complete and that final payment in the amount of $6,324.20 be authorized to Walt Williams Construction Company. It was the consensus of the City Council that the recommendations be adopted. MAC FP -2816 re There was presented Mayor and Council Communication No. FP -2816 from the City Manager final payment to stating that the assessment paving of Judkins Street from Ennis to East 1st has been Centerline Con- completed in accordance with plans and specifications under Contract No. 17682 awarded to structors, Inc. Centerline Constructors, Inc., on January 30, 1990, and recommending that the project be accepted as complete; that final payment in the amount of $1,351.28 be authorized to Centerline Constructors, Inc.; and that the final assessment rolls be approved and the issuance of certificates in evidence of the special assessments levied against the abutting property owners of Judkins Street from Ennis to East 1st be authorized. It was the consensus of the City Council that the recommendations be adopted. MAC FP -2817 re There was presented Mayor and Council Communication No. FP -2817 from the City Manager final payment to stating that the assessment paving of Crump Street from 26th to Long has been completed in Walt Williams accordance with plans and specifications under Contract No. 18046 authorized to Walt Construction Com- Williams Construction Company on June 19, 1990, and recommending that the project be p any accepted as complete; that final payment in the amount of $5,603.64 be authorized to Walt Williams Construction Company; that the final assessment rolls be approved and that the issuance of certificates in evidence of the special assessments levied against the abutting property owners of Crump Street from 26th to Long be authorized. It was the consensus of the City Council that the recommendations be adopted. MAC FP -2818 re There was presented Mayor and Council Communication No. FP -2818 from the City Manager final payment to ' ' stating that the construction of the Westside Policy Sector Headquarters has been completed E. Horn Cons true- in accordance with plans and specifications under Contract No. 18130 authorized to E. Horn tion Construction, Inc., on October 9, 1990; and recommending that the project be accepted as complete as of April 15, 1991,.and that final payment in the amount of $5,924.94 be authorized to E. Horn Construction, Inc. Council Member Meadows requested permission of the City Council to abstain from voting lion Mayor and Council Communication No. FP -2818 involving a business relationship. Council Member Chappell made a motion, seconded by Council Member Gilley, that Council Member Meadows be permitted to abstain from voting on Mayor and Council Communication No. FP -2818. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Chappell made a motion, seconded by Council Member Zapata, that Mayor and Council Communication No. FP -2818 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: Meadows MAC FP -2819 re There was presented Mayor and Council Communication No. FP -2819 from the City Manager final payment to stating that the construction of Hallmark Park and Oakland Park improvements has been Molix Irrigation completed in accordance with plans and specifications under Contract No. 17890 authorized to Molix Irrigation on May 8, 1990; and recommending that the project be accepted as complete and that final payment in the amount of $120.77 be authorized to Molix Irrigation. It was the consensus of the City Council that the recommendation be adopted. Sister Mary Ful-'� Sister Mary Fulbright, 6632 Normandy, appeared and expressed appreciation to the City bright re Council for excellent leadership during difficult times, and requested that the City Council City Council's give favorable consideration to future planning to improve employment and recreation excellent leader- opportunities in the City of Fort Worth. ship Mr. Brent Dickey rd Mr. Brent Dickey, 3220 McLean, appeared before the City Council and requested that the State Legislatures City Council give favorable consideration to increasing its lobbying efforts in the State change of language Legislature to change the language of statues as it relates to Home Rule type cities and land use restrictions. Zoning Hearing It appearing to the City Council that Resolution No. 1715 was adopted on April 17, 1990, setting today as the date for hearing in connection with 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 April 19, 1991, Mayor Bolen asked if there was anyone present desiring to The heard. Mr. Chuch Reynolds Mr. Chuck Reynolds, 7905 Hunters Glen, Watauga, applicant for a change in zoning of re Z-91-024 property located at 2801 Oscar Avenue from "E" Commercial to "F -R" Restricted Commercial, Zoning Docket No. Z-91-024, appeared before the City Council and requested that the City Council give favorable consideration to the requested change in zoning. Minutes of City Council R-3 Page 508 "09 Tuesday, May 14, 1991 Mr. Jack Hightower Mr. Jack Hightower, 2803 Oscar, appeared before the City Council and requested that re Z-91-024 the City Council deny the change in zoning of property located as 2801 Oscar Avenue, from "E" Commercial to "F -R" Restricted Commercial, Zoning Docket No. Z-91-024. Mr. Joe Bila rdi- re Z-91-024 Mr. Joe Bilardi, Director of Planning, g advised the Cit y Council that the property p p y located at 2801 Oscar Avenue could be zoned for commercial use only. There being no one else present desiring to be heard in connection with recommended changes and amendments to Zoning Ordinance No. 3011, Council Member McCray made a motion, seconded by Council Member Gilley, that the hearing be closed and that the recommended changes in zoning be approved, as follows: Z-90-133 Z-90-133 KENNETH MERREL HOPKINS by H. Dennis Hopkins S.H. #199 & Nine Mile Bridge Road From "AG" Agricultural to "I" Light Industrial Z-91-020 Z-91-020 R. MICHAEL & CAROLYN B. PATTERSON 1600 Fifth Avenue From "F/HC" Commercial/Historic and Cultural Subdistrict to "A/HC" One-Family/Historic and Cultural Subdistrict Z-91-022II Z-91-022 JOE PETERS 5359 Wedgwood Drive From "E" Commercial to "F -R" Restricted Commercial Z-91-024II Z-91-024 CHUCK REYNOLDS 2801 Oscar Avenue From "E" Commercial to "F -R" Restricted Commercial Z-91-025 Z-91-025 CARL DEAN VESSELS 3101 Northeast 28th Street From "E" Commercial and "B" Two -Family to "F -R" Restricted Commercial Z-91-027 Z-91-027 LAWRENCE A. MAYER by Tim Hughes for The Wetzman Group" 5701 Crowley Road From "E" Commercial to "PD/SU" Planned Development/ Specific use permitting all uses in "E" Commercial plus merchandise resale and bingo. Waiver of site plan recommended provided that no outside storage or display and no alcohol sales or consumption is allowed. Z-91-028 II Z-91-028 JIM RISCKY by Eddie J. Harvey 2319 Northwest 26th Street From "B" Two-family to "I" Light Industrial Z-91-030II Z-91-030 NORMA CASTORENA by Jim Bradshaw 3605 East Lancaster Avenue From "E" Commercial to "F -R" Restricted Commercial Z -91-031(I Z-91-031 L.J. & D.R. GRASBERGER by David C. Aldrich 1500-1550 West Rosedale Street From "D" Multi -Family and "G" Commercial to "G" Commercial It appearing to the City Council that Resolution No. 1715 was adopted on April 17, Special Zoning 1991, setting today as the date for special hearing in connection with the application of Hearing Ms. Jessie L. "Owens" Taylor for a change in zoning of the property located at 5731 Locke Z-91-015 Avenue from "E" Commercial to "F" Commercial, Zoning Commission Docket No. Z-91-015 and that the 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 April 19, 1991, Mayor Bolen asked if there was anyone present desiring to be heard. Minutes of City Council R-3 Page 509 15l� Tuesday, May 14, 1991 Mr. H. Dennis Mr. H. Dennis Hopkins, 6850 Manhattan Avenue, representing Jessie L. (Owens) Taylor, Hopkins re applicant for a change in zoning of property located at 5731 Locke Avenue from "E" Z-91-015 Commercial to "F" Commercial, Zoning Docket No. Z-91-015, appeared before the City Council and requested that the City Council approve a change in zoning of property located at 5731 Locke Avenue from "E" Commercial to "F" Commercial, Zoning Docket No. Z-91-015. Mr. Hopkins -' submitted to the City Council a petition containing over 300 signatures. Mr. Monte McClintof Mr. Monte McClinton, 6324 Kenwick, appeared before the City Council and requested that re Z-91-015 the City Council give favorable consideration to the application of Jessie (Owens) Taylor for a change in zoning of property located at 5731 Locke Avenue from "E" Commercial to "F" Commercial, Zoning Docket No. Z-91-015. Mr. Jimmy Woodsi n Mr. Jimmy Woodsin, 2012 Ward Parkway, appeared before the City Council and requested re Z-91-015 that the City Council give favorable consideration to the application of Jessie (Owens) Taylor for a change in zoning of property located at 5731 Locke Avenue from "E" Commercial to "F" Commercial, Zoning Docket No. Z-91-015. r. Michael S. Mr. Michael S. McLean, 5338 Wonder, appeared before the City Council and requested clean re Z-91-015 that the City Council give favorable consideration to the application of Jessie (Owens) Taylor for a change in zoning of property located at 5731 Locke Avenue from "E" Commercial to "F" Commercial, Zoning Docket No. Z-91-015. r. Michael R. Mr. Michael R. Schwal1s, 9200 North Normandale, #203, appeared before the City Council chwal l s re and requested that the City Council give favorable consideration to the application of -91-015 Jessie (Owens) Taylor for a change in zoning of property located at 5731 Locke Avenue from "E" Commercial to "F" Commercial, Zoning Docket No. Z-91-015. s. Diane K. Taylon Ms. Diane K. Taylor, 5829 Locke, appeared before the City Council and requested that e Z-91-015 the City Council give favorable consideration to the application of Jessie (Owens) Taylor for a change in zoning of property located at 5731 Locke Avenue from "E" Commercial to "F" Commercial, Zoning Docket No. Z-91-015. r. J.T. Bonner re Mr. J.T. Bonner, 2258 Capri Drive, appeared before the City Council and expressed -91-015 opposition to the application of Jessie L. "Owens" Taylor for a change in zoning of the property located at 5731 Locke Avenue, Zoning Docket No. Z-91-015. s. Erarose Smith Ms. Erarose Smith, 5909 Locke Avenue, appeared before the City Council and expressed e Z-91-015 opposition to the application of Jessie L. "Owens" Taylor for a change in zoning of the property located at 5731 Locke Avenue and distributed copies of letters to the City Council, Zoning Docket No. Z-91-015. r. Jessie Sanchez Mr. Jessie Sanchez, 5716 Camp Bowie, appeared before the City Council and expressed e Z-91-015 opposition to the application of Jessie L. "Owens" Taylor for a change in zoning of the property located at 5731 Locke Avenue, Zoning Docket No. Z-91-015. r. Brent C. Dicke Mr. Brent C. Dickey, 3220 McLean, appeared before the City Council and expressed e Z-91-015 opposition to the application of Jessie L. "Owens" Taylor for a change in zoning of the property located at 5731 Locke Avenue, Zoning Docket No. Z-91-015. -91-015 approvedThere being no one else present desiring to be heard in connection with the application of Jessie L. (Owens) Taylor for a change in zoning of property located at 5731 Locke Avenue from "E" Commercial to "F" Commercial, Zoning Docket No. Z-91-015, Council Member Meadows made a motion, seconded by Council Member Zapata that hearing be closed and the recommended change in zoning be approved. Council Member Meadows introduced an ordinance and made a motion that it be adopted. rdinance ced an The motion was seconded by Council Member Zapata. The motion, carrying with it the adoption dina nof said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: rdi nance No. ORDINANCE NO. 10847 0847 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 HEIGHR, 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 Minutes of City Council R-3 Page 510 Ordinance No. 10847 cont. Mr. Bobby Jones re issue him a certificate of acknowledgement Adjourned Tuesday, May 14, 1991 ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE PROVING 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: 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 ($2000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Mr. Bobby Jones, 5351 Parker Henderson Road - 142, appeared before the City Council and requested that the City Council issue to him a certificate of acknowledgement. Mayor Bolen referred Mr. Jones to the Law Department. There being no further business, the meet CITY SECRETARY Minutes of City Council R-3 Page 511