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HomeMy WebLinkAbout1991/05/28-Minutes-City CouncilCouncil Met Members Present Invocation Pledge of Allegiance Minutes of May 21, 1991 approved City Secretary Howard re Official Count Council Run- off Election Adopted City Council Runoff Election Presented Certifi- cates of Election to Messrs. Chuck Silcox, Eugene McCray, Carlos Puente and Motors Matson CITY COUNCIL MEETING MAY 28, 1991 On the 28th 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: Mayor Kay Granger; Mayor Pro tempore William N. Garrison; Council Members Louis J. Zapata, Eugene McCray, Jewel Woods, William Meadows, Virginia Nell Webber, and David Chappell; City Manager David Ivory; City Attorney Wade Adkins; City Secretary Ruth Howard; with more than a quorum present, at which time the following business was transacted: The invocation was given by The Reverend Richard Brown, Chaplain of Hospice Care, Inc. The Pledge of Allegiance was recited. On motion of Council Member Woods, seconded by Council Member Webber, the minutes of the meeting of May 21, 1991, were approved. City Secretary Howard advised the City Council that the official count of the City Council Runoff Election held on May 25, 1991, was completed on May 25, 1991, and the returns of the election, as reported by the presiding officers of each voting precinct who, upon their oath, stated that the returns of their respective boxes were true and correct, are as follows: Member of the City Council - District 2 Carlos Puente Marshall Hobbs 1,072 582 Member of the City Council - District 3 William N. Garrison. 1,068 Chuck Silcox 1,751 Member of the City Council - District 4 Morris Matson 2,573 Howard Green 1,850 Member of the City Council - District 5 Eugene McCray 703 Ben Morrison 546 Council Member Chappell made a motion made a motion, seconded by Council Member Webber, that City Council find correct and adopt as the returns of the election the tabulation of returns of City Council Runoff Election held May 25, 1991, and that Carlos Puente be declared elected to City Council District 2, that Chuck Silcox be declared elected to City Council District 3; that Morris Matson be declared elected to City Council District 4; and that Eugene McCray be declared elected to City Council District 5. When the motion was put to a vote by the Mayor, it prevailed unanimously. City Secretary Howard presented Certificates of Election to Messrs. Chuck Silcox, and Eugene McCray and'announced the certificates of election for Messrs. Puente and Matson will be presented upon their return to the City. Council MemberChappell requested that Mayor and Council Communication No. G-9163 be withdrawn from the consent agenda. Council Member Chappell advised City Council that, on the advice of City Attorney Adkins, he has no conflict with voting on Mayor and Council Communication Nos. C-12889 and FP -2822. Minutes of City Council R-3 Page 537 Tuesday, May 28, 1991 Withdrew M&C Council Member Meadows requested that Mayor and Council Communication No. C-12883 be C-12883 withdrawn from the consent agenda. Withdrew M&C C-12892 City Manager Ivory requested that Mayor and Council Communication No. C-12892 be withdrawn from the agenda. Consent agenda On motion of Council Member Zapata, seconded by Council Member Meadows, the consent approved agenda, as amended, was approved. Nominated Mr. Bill Council Member Woods nominated Mr. Bill Frey for -membership on the City Zoning Frey to the City Commission and North Fort Worth Airport Zoning Commission and made a motion, seconded by Zoning Commission Council Member Meadows, that Mr. Bill Frey be appointed to Place 6 on the City Zoning and North Fort Commission and Place 6 on the North Fort Worth Airport Zoning Commission for a term of Worth Airport office expiring October 1, 1992. When the motion was put to a vote by the Mayor, it Zoning Commission prevailed unanimously. Introduced a Council Member Zapata introduced a resolution and made a motion that it be adopted. Resolution The motion was seconded by Council Member Chappell. 'The motion, carrying with it the - adoption of said resolution, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Garrison; Council Members Zapata, McCray, Woods, Meadows, Webber, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1724 1724 11 DALLAS/FORT WORTH METROPLEX AIR TRAFFIC SYSTEM PLAN WHEREAS., the Federal Aviation Administration (FAA) in recognizing that the Dallas/Fort Worth International Airport is currently the second busiest airport in the world, has requested that Congress appropriate $53.5 million in Fiscal Year 1992 for continuation of the D/FW Metroplex Air Traffic System Plan; and WHEREAS, the Metroplex Plan, as designed by the FAA in 1987 to cope with projected growth of air traffic in the 40 square -mile Fort Worth/Dallas area, would be completed in 1996 at a total cost $138 million. By that time, D/FW International Airport will be the busiest in the world, and WHEREAS, last year, Congress granted only $5 million of the $40 million the FAA had requested for this crucial project, and this plan is in danger without adequate funding in FY 1992, which could result in construction delays jeopardizing the 1996 targeted completion date; and WHEREAS, the Metroplex plan will: 1) Enlarge the terminal control area and add state-of-the-art navigational aids; 2) Provide a new Terminal Radar Approach Control (TRACON) facility. The current TRACON was built 16 years ago to accommodate 10 radar control positions. Today 18 controllers are squeezed into this facility. In addition, technology has advanced making current equipment outdated. The new TRACON would hold 35 control positions with up-to-date radar and electronic gear; 13) Provide for construction of two new control towers at DFW Airport needed for present capacity and to accommodate continued growth; and, 4) Form an integral part of the $3.5 billion D/FW expansion project. This ground facilities expansion will be financed by airport bonds, Airport Improvement Program funds, and a substantial investment by private industry. American Airlines will invest approximately $1.5 billion in this project. This combined airport/airspace effort will not only be of significant importance to the Dallas -Fort Worth region, but will have positive nationwide impacts. The FAA estimates that the combined airport expansion and System Plan will add 14 percent to the national airspace capacity. Minutes of City Council R-3 Page 538 9. 03 Tuesday, May 28, 1991 esolution No. NOW THEREFORE, BE IT RESOLVED BY THE Fort Worth City Council that the City 724 cont. of Fort. Worth supports the request of the FAA for $53.5 million in Federal FY 1992 funds, and notes that not only would the economy of the Metroplex benefit, but also the total airspace capacity in the United States would be increased by 14 percent, because of the vital role D/FW currently plays in national air traffic; and, BE IT FURTHER RESOLVED THAT, the City directs that this Federal Policy Statement be communicated to the Texas Congressional Delegation and other relevant members of the Congress and Federal Executive Branch. 4&C OCS-288 There was presented Mayor and Council Communication No. OCS-288 from the Office of the Liability Bonds City Secretary recommending that the City Council, authorize the acceptance of liability bonds, as follows: Parkway Contractors Bond Insurance Company Jessie Soto Fence & ConcreteEmployers Mutual Casualty Company Company Jim Bronstad, Inc.Western Surety Company &C OCS-288 adopted ll It was the consensus of the City Council that the recommendation be adopted. C 0 CS -28 9 Claims There was presented Mayor and Council Communication No. OCS-289 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Risk Management Department, as follows: Debbie Satterwaite, for Timothy Satter- waite, a minor ames W. Campbell Felecia Robinson Jimmy O'Dell Uselt Antonio Deleon 1. Claimant: Date Received: Date of Incident: Attorney: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 2. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ ,Injuries:7v Nature'of Incident: 3. Claimant: Date Received: Date of Incident: Attorney: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 4. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 5. Claimant• Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Debbie Satterthwaite, Individually, and Next Friends for Timothy Satterthwaite, A Minor May 16, 1991 March 12, 1991 Mark S. Stewart Rosenthal Park, Fort Worth, TX Undeclared Claimants allege injuries and damages. James W. Campbell May 16, 1991 Undeclared 6750 Randol Mill $185.00 Claimant alleges damages sustained to property as result of actions of Police Officer. Felicia Robinson May 16, 1991 March 28, 1991 Jack Dineen Leuda & New York Undeclared Claimant alleges injuries sustained as result of a fall on bus. Jimmy O'Dell Uselton May 17, 1991 May 6, 1991 Corner of Summit & Texas $952.80 - $980.36 Claimant alleges damages as result of accident involving City -owned vehicle. Antonio Deleon May 17, 1991 November 18, 1990 2223 N. Houston #1 Undeclared Claimant alleges damages and injuries as result of alleged false arrest. Minutes of City Council R-3 Page 539 5,10 Meredith Perry Ester Losa Rosa Lopez Reginald D. Watkin Modena Sue Powell Judy R. Roberson Mr. A Mrs. Buddy Paddack Martin Sanchez 7. 0 9. 10. 11. 12. 13. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Claimant: . Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Claimant: Date Received: Date of Incident: Attorney: "r Location of Incident: Estimate of Damages/ Injuries: ` Nature of Incident: Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Claimant: Date Received: Date of Incident:' Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Claimant:" Date Received: Date of Incident: Attorney: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Tuesday, May 28, 1991 Meredith Perry May 20, 1991 May 8, 1991 Behind 3228 Avenue I Undeclared Claimant alleges injuries sustained as result of stepping into hole. Ester Losa May 20, 1991 Undeclared Behind Bus Stop @ 8th & Houston Undeclared Claimant alleges injuries sustained as result of falling on sidewalk. Rosa Lopez May 20, 1991 April 16, 1991 Bryant Irvin Rd & 183 on Ramp $161.82 - $205.00 Claimant alleges damages to vehicle as result of vehicle striking object which fell from City -owned vehicle. Reginald D. Watkins May 20, 1991 May 4, 1991 Keith D. Lemons 2100 Blk of McCurdy Street Undeclared Claimant alleges injuries. Modena Sue Powell May 20, 1991 April 5, 1991 Police pound $699.29 - $829.90 Claimant alleges damages sustained as result of equipment allegedly being removed from vehicle while in possession of auto pound. Judy R. Roberson May 21, 1991 February 17, 1991 2815 Benbrook Boulevard $120.00 Claimant alleges damages sustained as result of clogged sewer line. Mr. & Mrs. Buddy Paddack May 21, 1991 January 1990 1613 Clark Road $750.00 - $1,500.00 Claimants allege damages sustained as result of over -pressurized water lines. Martin Sanchez May 22, 1991 February 23, 1991 Andrew L. Vogel 3318 NW 23rd Street $20,000.00 Claimant alleges damages sustained as result of alleged false imprisonment. Minutes of City Council R-3 Page 540 Ernestine Henderso Carmela DeShawn M&C OCS-289 adopted M&C OCS-290 Correspondence fro Mr. Ronald Blanken ship re Ordinance No. 10727;corr. from B.H. Wilins re Ordinance No. 10727 541 14. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 15. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ ..Injuries: Nature of Incident: Tuesday, May 28, 1991 Ernestine Henderson May 22, 1991 Undeclared 4918 Eastover Avenue $500.00 Claimant alleges damages sustained to vehicle as result of road conditions. Carmela DeShawn May 22, 1991 Undeclared 3500 Crenshaw Avenue $89.00 - $150.00 Claimant alleges damages sustained to vehicle as result of road conditions. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. OCS-290 from the Office of the City Secretary recommending that correspondence from Mr. Ronald Blankenship, Post Office Box 100368, Fort Worth, Texas, expressing opposition to implementation of Ordinance No. 10727 regarding one-year amortization period for existing nightclubs, bars, and lounges, and correspondence from B.H. Wilkins, Club and Tavern Operators Associations, requesting property owners to write or call Council Members to express opposition to Ordinance No. 10727 be referred to the Office of the City Manager. It was the consensus of the City Council that the recommendation be adopted. Benefit Hearing It appearing to the City Council that on May 21, 1991, the City Council continued the BH -0052 cont. hearing in connection with the paving of Martin Avenue from Trentman Street to Tahoe Street for `one; week from day to day and time to time and especially to the regularly -scheduled meeting of May 28, 1991, to give every interested person or citizen opportunity to be heard, Mayor Granger asked if there was anyone present desiring to be heard. Mrs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public Works, re- BH -0052 appeared before the City Council and advised the City Council that the staff report was ~ given on May 21, 1991, that the hearing was continued until today, and called attention of the City Council to Mayor and Council Communication No. BH -0052, as follows: SUBJECT: ..• BENEFIT HEARING FOR THE ASSESSMENT PAVING OF MARTIN AVENUE FROM TRENTMAN STREET TO TAHOE STREET (PROJECT NO. 67-040207-00) RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abuttingproperty is specially benefitted in enhanced value in excess of the amount assessed for the improvement of Martin Avenue from Trentman Street to Tahoe Street. DTSMISSTON- On December 18, 1990 (M&C G-8960), the City Council authorized the paving of this section of Martin Avenue and set the date for a Benefit Hearing. On January 15, 1991 M&C B-0040), the Council conducted the public hearing and, in response to objections from property owners, voted to cancel the project as proposed. Both this section of Martin Avenue and the section from Wichita to Shackleford were included in the 1986 Capital Improvement Program, and because the street is not located in a Community Development Block Grant (CDBG) Target Area, all adjoining properties were to be assessed. Subsequently, it was determined that the streets would qualify for CDBG funding. On March 26, 1991 (M&C B-0045), the Council reclassified the Wichita-Shackleford segment as a CDBG street resulting in no assessments against residential property and directed the Staff to revise the rolls for the Trentman to Tahoe section on the same basis. This section of Martin Street has substandard HMAC pavement with some curb and gutter and has never previously been constructed to City standards. The street functions as a residential collector street for the neighborhood and is located in Council Districts 5 and 8. On April 109 1991 (M&C G-9124), the City Council established May 21, 1991, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. Minutes of City Council R-3 Page 541 C" '1 07 J' Zti Tuesday, May 28, 1991 BH -0052 cont. II PROPOSED IMPROVEMENTS: It is proposed to improve this segment of Martin Avenue by constructing a six- inch thick reinforced concrete pavement with seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade so that the finished roadway will be forty feet wide on a variable width right-of-way. Six-inch thick concrete driveway approaches and -four -inch thick concrete sidewalks will be constructed where shown on the plans. ASSESSMENTS: An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. Based on standard City policy, the City Engineer's estimate, and the advice of the independent appraiser, the cost of the construction has been computed at $35,002.51 (7 percent) for the property owners and $462,197.49 (93 percent) for the City of Fort Worth at large. The independent appraisal substantiates that, as a result of the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment. UNUSUAL SITUATIONS: There are no unusual situations which merit special Council consideration on this project. There being no one else present desiring to be heard in connection with the benefit hearing for assessment paving of Martin Avenue from Trentman Street to Tahoe Street, Council Member McCray made a motion, seconded by Council Member Webber, that the benefit hearing in connection with .the assessment paving of Martin Avenue from Trentman Street to Tahoe Street be continued from day to day and from time to time and especially to the City Council meeting of June 4, 1991, to give every interested person or citizen an opportunity to be heard. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-9159 re There was presented Mayor and Council Communication No. G-9159 from the City Manager consent agreement stating that Ms. Vicki Dickerson, representing Fine Line, Inc., has requested permission to with Fine Line, _i -instal l.: a grease trap in the street north of the curb on West Second Street between Inc. Throckmorton and Houston Streets for the Sundance West project; and recommending that the City Manager be authorized to enter into a consent agreement with Fine Line, Inc., for installation of a grease trap in the 200 block of West Second Street. It was the consensus of the City Council that the recommendation be adopted. . M&C G-9160 re There was presented Mayor and Council Communication No. G-9160 from the City Manager amending 1990 stating that the City Council adopted Mayor and Council Communication No. G-8974 on December assessment roll fOl 18, 1990, which levied $161,052.00 in assessments against property located in Public Fort Worth , Improve Improvement District No., 2; that included on the original assessment roll was a portion of ment District No. Block 53, Lot 2, Park Glen Addition (Account No. 0635-18-83-90) which is owned by the 2 Baptist Church at Park Glen; that the Tarrant Appraisal District granted this account an exemption from ad valorem property taxes for 1990; and recommending that the City Council adopt an ordinance which amends the 1990 assessment roll for Fort Worth Improvement District No. 2 by eliminating Account No. 0635-18-83-90, which is part of Block 53, Lot 2, Park Glen Addition with an ad valorem property tax exemption granted by the Tarrant Appraisal District. It was the consensus of the City Council that the recommendation be adopted. Introduced an Council Member Zapata introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Meadows. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Garrison; Council Members Zapata, McCray, Woods, Meadows, Webber, and Chappell NOES: None , ABSENT: None: The ordinance, as adopted, is as follows: rdinance No. ORDINANCE NO. 10850 0850 AN ORDINANCE AMENDING THE 1990 ASSESSMENT ROLL AND ASSESSMENT ORDINANCE FOR FORT WORTH IMPROVEMENT DISTRICT NO 2; ELIMINATING THE ASSESSMENT AGAINST ACCOUNT NO. 0635-18-83-90, WHICH IS THAT PART OF BLOCK 53, LOT 2, OF PARK GLEN ADDITION WITH AN AD VALOREM PROPERTY TAX EXEMPTION GRANTED BY THE TARRANT APPRAISAL DISTRICT; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Minutes of City Council R-3 Page 542 543' : Tuesday, May 28, 1991 &C, G-9161 re There was presented Mayor and Council Communication No. G-9161 from the City Manager onsent agreement stating that J. Smith Construction, Inc., is requesting permission to construct a security ith John P. Ryan, and retaining wall in the right-of-way at 430 Ridgeway Road on property owned by Mr. John r• Ryan; that a member of the Encroachment Committee inspected the site and determined the wall will not present a problem to the public; and recommending that the City Manager be authorized to enter into a consent agreement with John P. Ryan, Jr., which authorizes the installation of a retaining wall in the right-of-way of 430 Ridgeway Road. It was the consensus of the City Council that the recommendation be adopted. &C G-9162 re There was presented Mayor and Council Communication No. G-9162 from the City Manager ransfer of funds stating that it is the City's policy to collect an administrative fee from each public improvement district; which is intended to reimburse the City for costs associated with administering the districts; that Public Improvement District No. 2 was created in August 1988 but no assessments were levied until December 1990; that the proponents of the District agreed to a fee of --$20,000.00 for the first year in which assessments were collected; that Public Improvement District No.'3 was created in June 1990 with assessments being levied in October 1990; that the administrative fee for District No. 3 of $897.00 equals one percent of the District's total budget; and recommending that the City Council approve the transfer of $20,000.00 from Special Assessment District Fund GS87, Account No. 539140, Center No. 002200091000, Public Improvement District No. 2, FY 1991, to General Fund GGO1, Center No. 0021000, City Manager and approve the transfer of $897.00 from Special Assessment District Fund GS87, Account No. 539140, Center No. 002300091000, Public Improvement District No. 3, FY 1991, to General Fund GGO1, Center No. 0021000, City Manager. It was the consensus of the,City Council that the recommendations be adopted. &C G-9163 re There was presented Mayor and Council Communication No. G-9163 from the City Manager, ndorsement of ort North Housing as follows: i nance Corpora-' ion's application SUBJECT: FORT WORTH HOUSING FINANCE CORPORATION AND LIBERATION COMMUNITY, o RTC Properties INC. APPLICATIONS TO ACCEPT RTC PROPERTIES RECOMMENDATIONS: It is recommended that the City Council authorize the City Manager to: 1. Endorse the Fort Worth Housing Finance Corporation's application to the Resolution Trust Corporation (RTC) to acquire properties that will be utilized as housing for lower income persons city-wide for a total cost not to exceed $50,000.00; 2. Endorse Liberation Community, Inc.'s application to the Resolution Trust Corporation to acquire properties that will be utilized as housing for lower incomeersons in Polytechnic Heights; P Y 9 3. Certify that both applications are consistent with local development plans; and, 4. Authorize the Housing and Human Service Department staff to certify future applications from FWHFC and Liberation Community, Inc. as houses become available. DISCUSSION: On March 18, 1991, the Resolution Trust Corporation issued a "Notice of Available Properties for Public Use." Through this notice, single family housing units owned by the RTC, are being made available to non -profits and public agencies for the purpose of providing housing for lower income persons. Organizations wishing to acquire and utilize these properties are to submit an application to RTC on or before June 5, 1991. On April 30, 1991, the Fort Worth Housing Finance Corporation (FWHFC) passed a resolution authorizing the submission of an application to the Resolution Trust Corporation. The FWHFC will acquire the units, convey them to lower income families in accordance with the policies of the Urban Homesteading Program and assist the families in securing the financing for rehabilitation of the units. Through an agreement between the FWHFC and the City of Fort Worth these activities will be implemented with Community Development Block Grant funds and by staff from the Department of Housing and Human Services. Liberation Community, Inc., a non-profit organization which operates a housing program for low and moderate income families in the Polytechnic Heights neighborhood of Fort Worth, has indicated interest in acquiring several RTC properties in the Polytechnic Heights neighborhood. Properties will be conveyed to low and moderate income families who will be provided with assistance in securing financing to purchase and rehabilitate the houses. Minutes of City Council R-3 Page 543 Tuesday, May 28, 1991 M&C G-9163. cont. • :II FINANCING: Sufficient funds are available in Fund GR76, Center No. 005206086210, Local :Urban Homestead, to pay the required fees to acquire the above properties for the FWHFC. Financing for the Liberation Community, Inc. will be attained from other sources. Council Member Chappell requested permission of the City Council to abstain from voting on Mayor and Council Communication No. G-9163 involving Resolution Trust Corporation. --f I' Council Member Meadows made a motion, seconded by Council Member Woods, that Council Member Chappell be permitted to abstain from voting on Mayor and Council Communication No. G-9163. When the motion was put to a vote by the Mayor, it prevailed unanimously. Deacon Timms re Deacon Timms, 3501 Avenue D, appeared before the City Council and expressed opposition M&C G-9163 to the application of Fort Worth Housing Finance Corporation and Liberation Community, Inc., for acceptance of RTC properties and recommended that the City Council form a task force to monitor the operation of the housing programs by Liberation Community, Inc. Council Member Webber made a motion, seconded by Council Member McCray, that the recommendations, as contained in Mayor and Council Communication No. G-9163, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Garrison; Council Members Zapata, McCray, Woods, Meadows, and Webber NOES: None ABSENT: None NOT VOTING: Council Member Chappell M&C G-9164 re There was presented Mayor and Council Communication No. G-9164 from the City Manager payment to Mer- stating that on or about November 14, 1990, Mercantile Bank of St. Louis, N.A., was the cantile Bank of St. Louis, N.A. owner and holder of Interest Coupon No. 37 from Dallas -Fort Worth Regional Airport Joint Revenue Bond No. 4652, Series 1972; that interest on such coupon was due on November 1, 1990, in the amount of $156.25; that Mercantile Bank of St. Louis, N.A., has provided an affidavit stating that the coupon was detached from the bond and mailed to BancTexas Dallas for payment of interest but was never received by the bank; that the coupon has matured and is unpaid and BancTexas Dallas, the paying agent, declines to make the interest payment thereon unless authorized to do so by the City of Fort Worth and the City of Dallas; that it is the opinion of the Department of Law that all required conditions precedent to the passage of the resolution have been satisfied and that the indemnity bond is sufficient to indemnify the City of Fort Worth in the event the lost coupon is ever presented for payment; and recommending that the City Council adopt a resolution authorizing the paying agents to pay to Mercantile Bank of St. Louis, N.A., interest due on a lost coupon from a Dallas -Fort Worth Regional Airport Joint Revenue Bond, Series 1972. It was the consensus of the City Council that the recommendation be adopted. Introduced a Council Member Zapata introduced a resolution and made a motion that it be adopted. Resolution The motion was seconded by Council Member Meadows. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Garrison; Council Members Zapata, McCray, Woods, Meadows, Webber, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1725 1725 WHEREAS, pursuant to applicable laws, including Article 1269]-5.11 and 46d, V.A.C.S., and a certain contract and agreement dated as of April 15, 1968 :IJ (the,," Contract and Agreement"), between the Cities of Dallas and Fort Worth (the "Cities"), the City Councils respectively, of the Cities, by an ordinance adopted concurrently on November 11, 1968, and November 12, 1968 (the "1968 Ordinance"), authorized the issuance of and sold their Dallas -Fort Worth Regional Airport Joint Revenue Bonds, Series 1968; and WHEREAS, pursuant to the rights, powers and authorities reserved to the Cities, authorized the issuance of their Dallas -Fort Worth Regional Airport Joint Revenue Bonds, Series 1972, which bonds are dated March 1, 1972, in the denomination of $5,000.00 each, and mature and become due and payable on November 1 in the years and in the amounts specified in the Concurrent Bond Ordinance authorizing the issuance of the Series 1972 bonds; and Minutes of City Council R-3 Page 544 J=IJ Tuesday, May 28, 1991 Resolution No. WHEREAS, such bonds bear interest evidenced by coupons at the rate set 1725 forth in the Concurrent Bond Ordinance authorizing issuance of the Series 1972 Bonds; and WHEREAS, one interest coupon on one of the above-described Series 1972 bonds, to wit, Coupon No. 37, Bond No. 4652, due November 1, 1990, in the amount of $156.25 (the "Lost Coupon") has matured and is unpaid; and WHEREAS, an affidavit dated January 15, 1991, in due form has been received from Mercantile Bank of St. Louis, N.A., the party entitled to receive the interest payments on the Lost Coupon, stating that such coupon is lost, which affidavit is on file in the office of the City Secretary; and WHEREAS, Mercantile Bank of St. Louis, N.A. has provided acceptable indemnity for the Lost Coupon to each of the Cities, the Dallas -Fort Worth Airport Board and paying agent for the Series 1972 bonds; and WHEREAS, the Cities are authorized to direct the paying agent on the 1972 bonds to make the interest payment on the Lost Coupon which payment has matured and is unpaid; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Section 1. That the paying agent or agents for the 1972 bonds, are hereby authorized and directed to make the interest payment of $156.25 to Mercantile Bank of St. Louis, N.A., 1401 Starling Drive, St. Louis, Missouri 63126, on Coupon No. 37, Bond No. 4652, due on November 1, 1990, which interest payment is due and payable. Section 2. That the Dallas -Fort Worth International Airport Board and its chairman and officers, and the City Manager of the City of Fort Worth are hereby authorized and directed to make such certifications and to execute such instruments as may be necessary to accomplish the payment of interest on the Lost Coupon to Mercantile Bank of St. Louis, N.A. M&C G-9165 re There was presented Mayor and Council Communication No. G-9165 from the City Manager, payment to Joe as follows: Adams and Son, Inc SUBJECT: AUTHORIZATION OF PAYMENT TO JOE ADAMS AND SON, INC., FOR EMERGENCY NUISANCE ABATEMENT PROPERTY LOCATED AT 916 EAST DASHWOOD STREET AND REAR AND CONFIRMATION OF REPORT RECOMMENDATION: It is recommended that the City Council: 1. Confirm that the structures at 916 East Dashwood Street constituted a safety hazard, a danger to human life and health, and a nuisance as declared by the Director of City Services on May 9, 1991; and 2. Confirm emergency payment for an amount not to exceed $2,175.00 to Joe Adams and Son, Inc. for demolition of the structures for the City Services Department; and 3.Determine that the abatement costs were correct and reasonable, and authorize a lien be filed against the property to cover the incidental expenses; including the $2,175.00 cost of demolition and $300.00 adminis- trative fee. DBUSSTON- Ordinance No. 9664, Fort Worth City Code, provides civil procedures for the City to abate or.remove a nuisance which is dangerous to human health. The owners of the property located at 916 East Dashwood Street were notified to expedite removal of the structures located thereon because they posed an extreme danger and a hazard to human life and health, but the Code Enforcement Division was unable to obtain the owner's voluntary abatement. On January 24, 1991, the residence and accessory building located at 916 East Dashwood Street were found to be occupied and substandard. One of the occupants claimed to be a relative of the owners. Various other occupants appeared to be transients or persons seeking temporary refuge. One of the owners, Mrs. Odessa Howell, contacted in California, indicated that she co -owned the property with two other family members; one of whom is mentally incompetent, and the Minutes of City Council R-3 Page 545 Tuesday, May 28, 1991 &C G-9165 cont. other is deceased. Mrs. Howell stated that she is elderly and in poor health. Further, Mrs. Howell advised that she was not able to perform the remediation, and was willing for the City to perform the work. On March 21, 1991, the Housing official ordered the property to be vacated due to substandard conditions that have steadily worsened. ouncil Member ebber commended he Reverend Willi ennett &C G-9165 adopted ouncil Member cCray introduced tudents from ion Lutheran chool &C G-9166 re hanging street ame The structure was in an extremely dilapidated condition due to lack of maintenance and abuse. Exposed electrical wiring throughout the building, if used, could have caused a fire that would have imperiled the safety of the public. No controls were in place to prevent insect infestation or entry by rodents. Sleeping rooms without operative smoke alarms had been divided by curtains and occupied by unrelated persons. Water damaged ceilings were collapsing representing a danger to anyone who entered the structure. Large accumulations of used hypodermic syringes discarded by drug users littered the yard; and posed a health threat to the public by exposure. The unsecured accessory building had been used by transients and was filled with trash and junk. An excessive number of tires were filled with stagnant water and provided a breeding ground for mosquitoes. In recent months, this location had become a hang-out for drug users and pushers that openly ply their trade. The increased criminal activity and dangerous conditions present on the property created great cause for alarm by adjacent property owners. This notice was not complied with, and on May 16, 1991, the Director of City Services, on May 9, 1991, decreed that the buildings' current condition presented a condition of extreme danger to human life and declared it to be a nuisance. Consequently, in accordance with City Ordinance No. 9664, Section 11A-63, the Director sent the owners, Odessa G. Howell, Ruby L. Garrett, and the estate of Lillian Garrett, a certified letter and ordered them to abate the nuisance by demolition and or removal of the buildings by 5:00 p.m., Wednesday, May 15, 1991. The Director of City Services ordered the immediate demolition of the buildings as a nuisance, dangerous to human life pursuant to Section 11A-63 of Ordinance No. 9664. The structures were razed on May 16, 1991, by Joe Adams and Son, Inc. The City Council is now required to set the matter for hearing to determine the correctness and reasonableness of the abatement costs, which will include a $300.00 administrative cost. The vendor has performed previous emergency demolition work; and was randomly selected from local vendors capable of providing emergency labor and equipment. FINANCING: Sufficient funds are available in the General Fund GGO1, Center No. 0214002, City Services, Inspection Division. Expenditures will be made from Account No. 539120. Council Member Webber commended The Reverend Willie Bennett for his assistance in helping to get the nuisance located at 916 East Dashwood Street and rear abated. Council Member Chappell made a motion, seconded by Council Member Woods, that Mayor and Council Communication No. G-9165 be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member McCray introduced students in the audience from Zion Lutheran School. -_There was presented Mayor and Council Communication No. G-9166 from the City Manager stating that a request has been received by Mr. Barry L. Hudson, Everage Consultants, Inc., representing James Webb, Trustee, Burlington Northern, Inc., proposing that the name of "Eddie Chiles Boulevard" be changed to "Lou Menk Drive"; that all reviewing departments, along with the Postmaster and the State Highway Department, have raised no objections to this request; and recommending that an ordinance be adopted changing the street name of "Eddie Chiles Boulevard", extending from Pacesetter Drive to its termination four blocks east of Pacesetter Drive to "Lou Menk Drive". On motion of Council Member Zapata, seconded by Council Member Woods, the recommendation was adopted. n troduced an Council Member Zapata introduced an ordinance and made a motion that it be adopted. rdinance The motion was seconded by Council Member Woods. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Garrison; Council Members Zapata, McCray, Woods, Meadows, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Minutes of City Council R-3 Page 546 Tuesday, May 28, 1991 Ordinance No. ORDINANCE NO. 10851 10851 AN ORDINANCE CHANGING THE NAME OF "EDDIE CHILES BOULEVARD" TO "LOU MENK DRIVE"; MAKING THIS ORDINANCE CUMULATIVE OF ALL OTHER ORDINANCES AFFECTING STREET NAMES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AS EFFECTIVE DATE. M&C G-9167 re ticket scalping on There was presented Mayor and Council Communication No. G-9167 from the City Manager City property; stating that numerous complaints about persons who purchase tickets for events at City facilities and resell them to the public at inflated prices were received by the City Manager; that the practice of "ticket scalping" is a particular problem at the annual Stock Show and Livestock Exhibition; and recommending that an ordinance be adopted prohibiting ticket scalping on City property. On motion of Council Member Woods, seconded by Council Member Chappell, the recommendation was adopted. In trod uced'a n Council Member Woods 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 Granger; Mayor Pro tempore Garrison; Council Members Zapata, McCray, Woods, Meadows, Webber, and Chappell Ordinance No. 10852' NOES: None ABSENT: None The ordinance, as adopted, is as follows: ORDINANCE NO. 10852 AN ORDINANCE AMENDING CHAPTER 23, "OFFENSES AND MISCELLANEOUS PROVISIONS", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY ADDING A NEW SECTION 23-16, "CERTAIN TICKET RESALES PROHIBITED ON CITY PROPERTY"; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: II SECTION 1. That Chapter 23, "Offenses and Miscellaneous Provisions", of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby further amended by adding the following new section: "Sec. 23-16. Certain ticket resales prohibited on City property. (a) In this section: (1) "Event" means an event of public entertainmentoramusement. (2) "Event sponsor" means an owner, lessee, operator, promoter or manager of an event or the site of an event. (3) "City property" means any property which is owned or used by the City of Fort Worth to which the public or a substantial group of the public has access and includes but is not limited to city streets, alleys, sidewalks, parks, grounds and buildings. (4) "Resell" means to sell a ticket after it has been purchased from the event sponsor or from an individual, corporation, or association authorized to sell the ticket by the event sponsor. (b) It shall be unlawful for any person while on City property to resell or offer to resell a ticket to an event for a price in excess of the price authorized to be offered to the general public by the event sponsor." SECTION 4. 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 Five Hundred Dollars ($500.00) for each offense. Each time that conduct occurs in violation hereof shall constitute a separate offense. Minutes of City Council R-3 Page 547 rdinance No. 0852 cont. &C G-9168 re outh Africa Study ask Force Tuesday, May 28, 1991 SECTION 7. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. There was presented Mayor and Council Communication No. G-9168 from the City Manager stating that the City Council adopted Ordinance No. 9899 and a resolution thereto on June 23, 1987, which amended Chapter 2, Article IV, Division 2 of the City Code, pertaining to purchasing procedures and requires that "any entity proposing to contract with the City .disclose the extent of their ownership or other business interest such entity has with any individual, partnership or corporation doing business with the governments of the Republic of South Africa and/or Namibia, or doing business in the Republic of South Africa or Namibia; that the City has been advised by the Department of State that Namibia became independent March 21, 1990, and no longer warrants the sanctions as originally imposed; and recommending that the City Council adopt an ordinance revising Ordinance No. 9899 and Section 2-116(3) C of the City Code by revoking all references to the Nation of Namibia. Council Member Webber made a motion, seconded by Council Member McCray, that Mayor and Council Communication No. G-9168 for an amendment to Ordinance No. 9899 "Purchasing Policy" requiring disclosure of business relationships with governments of the Republic of South Africa and the Nation of Namibia be referred to the South Africa Study Task Force for review and a recommendation to the City Council on this issue. When the motion was put to a vote by the Mayor, it prevailed unanimously. &C P-4986 re There was presented Mayor and Council Communication No. P-4986 from the City Manager urchase agreement submitting a quotation received for a purchase agreement to provide new Herman Miller ith Goldsmith's modular furniture for all City-wide departments; stating that budgeted funds are sufficient to cover the anticipated expenditure; and recommending that the purchase agreement be authorized with Goldsmith's on its sole -source quotation, with term of agreement to begin May 21, 1991, and end May 20, 1992. It was the consensus of the City Council that the recommendations be adopted. &C P-4987 re There was presented Mayor and Council Communication No. P-4987 from the City Manager urchase agreement submitting a tabulation of bids received for a one-year purchase agreement to provide ith Graybar various electrical items to City departments; stating that budgeted funds are sufficient to lec tric Co., Inc. cover the anticipated expenditure; and recommending that the purchase agreement be authorized with Graybar Electric Company, Inc., on its low bid of $31,838.89 plus list price less 50 percent discount on unspecified items, net, f.o.b. Fort Worth, with term of agreement to begin May 21, 1991, and end May 20, 1992, with a one-year renewal option. It was the consensus of the City Council that the recommendations be adopted. &C P-4988 re -There was presented Mayor and Council Communication No. P-4988 from the City Manager urchase of air- submitting a tabulation of bids received for the purchase of airfield paint for the Aviation ield paint Department; stating that funds are available in Meacham Airport Operating Fund PE40, Center No. 0552001, Account No. 522030; and recommending that the purchase be made on a low -bid - item basis of unit prices with Roadrunner Traffic Supply and Glidden Paint Company for a total amount of $3,935.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. &C P-4989 re There was presented Mayor and Council Communication No. P-4989 from the City Manager urchase agreement stating that the City Council authorized a purchase agreement with Advanced Tank Technology ith Advanced Tank on August 7, 1990, by Mayor and Council Communication No. P-4415 to supply fuel overfill and echnology containment devices for a period of one year with options to renew for two additional years; that the vendor has agreed to hold the prices firm for another year and the City Services Department has requested that the City Council exercise the first option to renew; stating that budgeted funds are sufficient to cover the anticipated expenditure; and recommending that the City Council exercise the first option to renew a purchase agreement with Advanced Tank Technology to supply fuel overfill and containment devices for the City Services Department on its low bid of unit prices, with term of agreement to begin August 7, 1991, and end August 6,. 1992, with option to renew for one additional one-year period. It was the consensus of the City Council that the recommendations be adopted. &C P-4990 re There was presented Mayor and Council Communication No. P-4990 from the City Manager urchase agreement submitting a tabulation of bids received for a purchase agreement to provide rebuilding and ith Able Fuel exchange of fuel system components for City Services Department; stating that budgeted funds njectio n Service are sufficient to cover the anticipated expenditure; and recommending that the purchase agreement be authorized with Able Fuel Injection Service on its overall low bid of unit prices, with term of agreement to begin June 6, 1991, and end June 5, 1992, with option to renew for two additional one-year periods. It was the consensus of the City Council that the recommendations be adopted. &C P-4991 re There was presented Mayor and Council Communication No. P-4991 from the City Manager urchase agreement submitting a quotation received for a urchase agreement for the ith AIS Continen- g q P 9 purchase of genuine al Equipment Co. Champion, Galion, Gradall, and JBC parts and grader blades for the City Services Department; stating that budgeted funds are sufficient to cover the anticipated expenditure; and recommending that the purchase agreement be authorized with AIS Continental Equipment Co. Minutes of City Council R-3 Page 548 5=�3 Tuesday, May 28, 1991 M&C P-4991 cont. on its bid of manufacturers' suggested list price less zero percent discount for Champion, lease/purchase Galion, and Gradall and, on the JBC parts, all engines and short blocks at manufacturers' agreement with • suggested list price less three percent discount, with term of agreement to begin July 6, Look Furniture Co. 1991, and end July 5, 1992, with two additional one-year options to renew. It was the s burg consensus of the City Council that the recommendations be adopted. M&C P-4992 re Department of Commerce provided the resources for furniture, copiers, typewriters, purchase agreement There was presented Mayor and Council Communication No. P-4992 from the City Manager with Zimmerer submitting a quotation received for a purchase agreement for the purchase of genuine Kubota, Kubota Servis Rhino, Mott, and Lely manufacturer's replacement parts for the City Services Department; stating that budgeted funds are sufficient to cover the anticipated expenditure; and recommending that the purchase agreement be authorized with Zimmerer Kubota on its low M&C P-4997 re bid of unit prices at manufacturers' suggested list price less zero percent discount, with construction of term of agreement to begin July 6, 1991, and end July 5, 1992, with two additional one-year piers for Park and Recreati66n Depart- epartment options to renew. It was the consensus of the City Council that the recommendations be ment adopted. M&C P-4993 re City Council authorize the construction by Architectural Utilities, Inc., on its low bid amendment with There was presented Mayor and Council Communication No. P-4993 from the City Manager Advance Tank Tech- stating that the City Council approved Mayor and Council Communication No. P-4622 on nology December 11, 1990, which authorized expenditure of $64,714.00 for the installation by Advance Tank Technology of overfill protection devices and spill containment basins at five equipment service locations within the City of Fort Worth; that recent changes in the Underground Storage Regulations as mandated by the Texas Water Commission and the Environmental Protection Agency has caused an immediate need to have a secondary vapor recovery piping system installed; that the existing contract requires Advance Tank Technology to uncover the tanks and install the tank gauging equipment; that it has been determined that the new system should be installed now in an effort to minimize construction costs and to complete all underground work at one time; that the added cost for the new secondary vapor recovery system will be $16,340.93 which will increase the initially approved expenditure amount from $64,714.00 to $81,054.93; stating that funds are available in City Services Operating Fund PI61, Center No. 0212070, Account No. 539120; and recommending that the City Council amend Mayor and Council Communication No. P-4622 for the installation of underground storage tank equipment for the City Services Department by Advance Tank Technology to increase the expenditure amount from $64,714.00 to $81,054.93. It was the consensus of the City Council that the recommendation be adopted. M&C P-4994 re There was presented Mayor and Council Communication No. P-4996 from the City Manager lease/purchase There was presented Mayor and Council Communication No. P-4994 from the City Manager agreement with • stating that the Texas Department of Commerce - Rapid Response and the Career Assistance Look Furniture Co. Center joined together to provide efficient and timely service to dislocated workers in the s burg area due to layoffs, reductions, and closings; that, under the agreement, the Texas Department of Commerce provided the resources for furniture, copiers, typewriters, computers, temporary counselors, etc; that the Career Assistance Center, in an effort to continue the service, proposes to continue the lease with Look Furniture Company at the discount negotiated with TDOC from May 1991 through December 1992, subject to the availability of Title III funding; stating that funds are available in Grant Fund GR76, Center No. 008405524010, JTPA Title III and GR76, Center 008405554020; and recommending that M&C P-4997 re the City Manager be authorized to execute a lease/purchase agreement with Look Furniture construction of Company for 20 months at $1,893.75, not to exceed $37,875.00, subject to available Title III piers for Park and Recreati66n Depart- epartment funding. It was the consensus of the City Council that the recommendation be adopted. M&C P-4995 re There was presented Mayor and Council Communication No. P-4995 from the City Manager purchase agreement submitting a tabulation of bids received for a purchase agreement to provide audio cassettes with Silo, Inc. and compact discs for Fort Worth Public Library System; stating that funds are available in Fort Worth Library Systems Fund GGO1, Center No. 0842001, Account No. 521340; and recommending that the purchase agreement be authorized with Silo, Inc., to provide educational and instructional programs on its low bid meeting specifications; and that a purchase agreement be authorized with Valley Record Distributors to provide popular and classical music on bid meeting department specifications, with term of agreement to begin May 21, 1991, and end May 20, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C, P-4996 re There was presented Mayor and Council Communication No. P-4996 from the City Manager purchase of mail stating that the mailroom is leasing a Bell and Howell Phillipsburg inserter machine; that, folder from Bell if any other manufacturer's folder machine were connected to this leased machine, it would and Howell Phillip cause the City to be liable for any labor or repair costs and/or the outright purchase of s burg this machine; that the PF -100 meets specifications and its utilization with the current inserter would not adversely affect our current lease agreement for the inserter; stating that funds are available in Office Services Fund PI60, Account No. 541320, Center No. 0139101; and recommending that the purchase of the mail folder for the Office Services Division be made from Bell and Howell Phillipsburg on a sole source basis for an amount of $8,155.00 f.o.b., Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. M&C P-4997 re There was presented Mayor and Council Communication No. P-4997 from the City Manager construction of submitting a tabulation of bids received for the construction of concrete piers for the Park piers for Park and Recreati66n Depart- epartment and Recreation Department; stating that funds are available in Park and Recreation ment Improvements Fund GC05, Center No. 080050410330, Account No. 541200; and recommending that City Council authorize the construction by Architectural Utilities, Inc., on its low bid ,the not to exceed $14,206.00. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council R-3 Page 549 550 Tuesday, May 28, 1991 M&C P-4998 re There was presented Mayor and Council Communication No. P-4998 from the City Manager purchase agreement submitting a quotation received for a purchase agreement, with a renewal option for one with Dolphin additional year, for the purchase of swimming pool chemicals for the Park and Recreation Commercial Department; stating that budgeted funds are sufficient to cover the anticipated expenditure; Chemical, Inc. and recommending that the purchase agreement be authorized with Dolphin Commercial Chemical, Inc., on its quotation, meeting City specifications, of unit prices net, f.o.b. Fort Worth, with term of agreement to begin May 29, 1991, and end May 28, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C P-4999 re There was presented Mayor and Council Communication No. P-4999 from the City Manager purchase of stating that the City Council authorized Mayor and Council Communication No. P-4637 on chemical disposal December 18, 1990, for an amount not to exceed $46,905.00; that the completed work included services more drug chemicals confiscated after the bid and award of the bid; that staff concurs that these are reasonable charges and requests the amendment of Mayor and Council Communication No. P-4637 to include the additional $5,995.00; stating that the purchase will be made from Special Trust Fund FE72, Center 035535000000, Account No. 539120; and recommending that the City Council authorize the amendment of Mayor and Council Communication No. P-4637 for chemical disposal services from Leak Tec Corporation for the Police Department for an additional amount of $5,995.00 for a new total not to exceed $52,900.00. It was the consensus of the City Council that the recommendation be adopted. M&C, P-5000 re purchase There was presented Mayor and Council Communication No. P-5000 from the City Manager of��fouc E- I -M .61ettr•it submitting a quotation received for the purchase of four E.I.M. electric valve operators for v alvei�o p6ra tbrs the Water Department; stating that purchases will be charged to Water and Sewer Operating Fund PE45, Center No. 0705002, Account No. 541380; and recommending that the purchase be made from E.I.M. Company, c/o Lynn Elliott Company on quotation of $39,892.00 net, f.o.b. Missouri City, Texas.. It was the consensus of the City Council that the recommendation be adopted. M &C P-5001 re There was presented Mayor and Council Communication No. P-5001 from the City Manager purchase agreement submitting a tabulation of bids received for a one-year purchase agreement to provide with Industrial various sizes of gate valves for the Water Department; stating that budgeted funds are International, sufficient to cover the anticipated expenditure; and recommending that the purchase Inc. agreement be authorized with Industrial International, Inc., on its low bid meeting City specifications, less 20 percent 30 days, f.o.b. Fort Worth, Texas, with term of agreement to begin May 28, 1991, and end May 27, 1992. It was the consensus of the City Council that the recommendation be adopted. . M&C P-5002 re There was presented Mayor and Council Communication No. P-5002 from the City Manager purchase agreement stating that the City Council authorized a purchase agreement with Hydrotex on July 6, 1989, with Hydrotex by Mayor and Council Communication No. P-3572 to provide specialty lubricants for the Water Department; that the first option to renew was exercised by the Council on May 15, 1990; that the Water Department has requested the second option to renew be exercised and the vendor has agreed to hold the prices firm for an additional year; stating that budgeted funds are sufficient to cover the anticipated expenditure; and recommending that the City Council exercise the second option to renew the purchase agreement with Hydrotex to supply specialty lubricants for the Water Department on unit prices, with term of agreement to begin July 6, 1991, and end July 5, 1992. It was the consensus of the City Council that the recommendations be adopted. M&C P-5003 re There was presented Mayor and Council Communication No. P-5003 from the City Manager purchase fo four submitting a quotation received for the purchase of four ratio turbidimeters for the Water ratio turbi di - Department; stating that funds are available in Water and Sewer Operating Fund PE45, Center meters No. 0605002, Account No. 541320 and recommending that the purchase be made from Hach Company on its quotation of $5,980.00 net, f.o.b. Loveland, Colorado. It was the consensus of the City Council that the recommendation be adopted. M&C P-5004 re There was presented Mayor and Council Communication No. P-5004 from the City Manager purchase agreement stating that the City Council authorized a purchase agreement with DPC Industries on July with DPC I ndu- 24, 1990, by Mayor and Council Communication No. P-4395 to provide sulphur dioxide for the s tries, Inc. Water Department for one year with options to renew for two additional one-year periods; that the vendor has agreed to hold the quoted price firm for an additional year; stating that budgeted funds are sufficient to cover the anticipated expenditure; and recommending that the City Council exercise the first option to renew purchase agreement with DPC Industries, Inc., on its low bid of $0.1270 per pound, with term of agreement to begin July 24, 1991, and end July 23, 1992, with option to renew for one additional one-year period. It was the consensus of the City Council that the recommendations be adopted. M&C P-5005 re There was presented Mayor and Council Communication No. P-5005 from the City Manager purchase from OEI submitting a tabulation of bids received for the purchase of continuous forms DP -0400 for Business Forms the Information System & Services Department; stating that purchases will be charged to General Fund GGO1, Subsidiary Account No. 159022, Center No. 0000000; and recommending that the purchase be made from OEI Business Forms on its low bid of $5.02 per thousand net, f.o.b. Fort Worth, Texas. On motion of Council Member Chappell, seconded by Council Member Woods, the recommendation was adopted. Minutes of City Council R-3 Page 550 551 Tuesday, May 28, 1991 M&C L-10513 re There was presented Mayor and Council Communication No. L-10513 from the City Manager acquisition of recommending that the City Council authorize the acquisition of a rectangularly -shaped strip land in Lot 7B, of land from the south property line of Lot 7B, Block 8, Cobb's Orchard Addition as Block 8, Cobb's described in Volume 6708, Page 902, Deed Records, Tarrant County, Texas; said land lying on Orchard Addition the north side of Martin Street and being approximately nine feet in width and 75 feet in length; located at 3325 Martin Street; owned by Terry W. Jordan; and required for reconstruction of Martin Street from Wichita to Shackleford; and find that $340.00 is just compensation for the property acquired. It was the consensus of the City Council that the recommendations be adopted and that the expenditure be charged to Street Improvement Fund GS67, Center No. 016670402400, Account No. 541100. M&C L-10514 re There was presented Mayor and Council Communication No. L-10514 from the City Manager acquisition of recommending that the City Council authorize the acquisition of an L-shaped strip of land land in Lot 9, from the east property line of Lot 9, Block 2, Stallcup First Addition, as described in Block 2, Stall cup Volume 9526, Page 1364, Deed Records, Tarrant County, Texas; same lying on the west side of Addition Vera Street and being ten feet in width and 70 feet in length, on the street side with an arm of 30 feet; located at 1712 Vera Street; owned by Doris McCaslin Wimberly; and required for reconstruction of Vera Street from Dunbar Street to Calumet Street; and find that $300.00 is just compensation for the property acquired, with funds. available in Street Improvements Fund GS67, Center No. 016670402200, Account No. 541100.. It was the consensus of the City Council that the recommendations be adopted. M&C L-10515 re There was presented Mayor and Council Communication No. L-10515 from the City Manager acquisition of recommending that the City Council authorize the acquisition of a curved -shaped strip of land in Lot 13, land from the north property line of Lot 13, Block 28, Diamond Hill Addition, as described block 28, Diamond in Volume 8337, Page 1488, Deed Records, Tarrant County, Texas; said land lying on the south hill Addition side of Moore Avenue and being five feet in width and approximately 51 feet in length, as required for street right-of-way; located at 2510 Moore Avenue; owned by Hugh Bryant and Bob Harris; and required for reconstruction of Malone Street, and Moore Avenue south of Irion Street; and find that $140.00 is just compensation for the property acquired, with funds available in Street Improvements Fund GS67, Center No. 016670402350, Account No. 541100. It was the consensus of the City Council that the recommendations be adopted. M&C L-10516 re There was presented Mayor and Council Communication No. L-10516 from the City Manager acquisition of recommending that the City Council authorize the acquisition of a curved -shaped strip of land in Lots 29, land from the south property line of Lots 29, 3.0, and 31, Block 30, Diamond Hill Addition, Block 30 Diamond 30, and 3as described in Volume 8627, Page 393, Deed Records, Tarrant County, Texas; said land lying Bl Hill Addition on the north side of Moore Avenue and being approximately five feet in width and approximately 170 feet in length; located at 2518 Hale Avenue; owned by Richard Rivera Salinas et ux Patricia Ann Salinas; and required for reconstruction of Malone Street, and Moore Avenue south of Irion Street; and find that $470.00 is just compensation for the property acquired, with funds available in Street Improvements Fund GS67, Center No. 016670402350, Account No. 541100. It was the consensus of the City Council that the recommendations be adopted. M&C L-10517 re There was presented Mayor and Council Communication No. L-10517 from the City Manager acquisition of recommending that the City Council authorize the acquisition of a curved -shaped strip of land in Lot 1, land from the south property line of Lot 1, Block 29, Diamond Hill Addition, as described Block 29, in Volume 6771, Page 614, Deed Records, Tarrant County, Texas; said land lying on the north Diamond Hill side of Malone Street and being five feet in width and approximately 62 feet in length; Addition located at 2517 Hale Avenue; owned by Rosa Nel i a Garcia; and required for reconstruction of Malone Street and Moore Avenue south of Irion Street; and find that $171.00 is just compensation for the property acquired, with funds available in Street Improvements Fund GS67, Center No. 016670402200, Account No. 541100. It was the consensus of the City Council that the recommendations be adopted. M&C L-10518 re There was presented Mayor and Council Communication No. L-10518 from the City Manager acquisition of recommending that the City Council authorize the acquisition of a curved -shaped strip of land in Lots 2 land from the south property line of Lots 2 and 3, Block 29, Diamond Hill Addition, as and 3, Block 29, described in Volume 1843, Page 404, Deed Records, Tarrant County, Texas; said land lying on Diamond Hill the north side of Malone Street and being five feet in width and approximately 121 feet in Addition length; located at 2105 Malone Street; owned by Rovera Stephenson Goss; and required for reconstruction of Malone Street and Moore Avenue south of Irion Street; and find that $330.00 is just compensation for the property acquired, with funds available in Street Improvements Fund GS67, Center No. 016670402350, Account No. 541100. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. L-10519 from the City Manager M&C 1-10519 re recommending that the City Council authorize the acquisition of a curved -shaped strip of acquisition of land from the south property line of Lot 4, Block 29, Diamond Hill Addition, as described land in Lot 4, in Volume 9421, Page 2186, Deed Records, Tarrant County, Texas; said land lying on the north Block 29, Diamond side of Malone Street and being five feet in width and approximately 60 feet in length; Hill Addition g pp y g located at 2101 Malone Street; owned by Eden Garcia; and required for reconstruction of Malone Street and Moore Avenue south of Irion Street; and find that $165.00 is just compensation for the property acquired, with funds available in Street Improvements Fund GS67, Center No. 016670402350, Account No. 541100. It was the consensus of the City Council that the recommendations be adopted. Minutes of City Council R-3 Page 551 J:3 N Tuesday, May 28, 1991 M&C L-10520 re There was presented Mayor and Council Communication No. L-10520 from the City Manager acquisition of recommending that City Council authorize the acquisition of a curved -shaped strip of land land in Lot 5, from the south property line of Lot 5, Block 29, Diamond Hill Addition, as described in Block 29, Diamond Volume 8580, Page 1438, Deed Records, Tarrant County, Texas; said land lying on the north Hill Addition side of Malone Street and being five feet in width and approximately 60 feet in length; located at 2600 Malone Street; owned by Roel and Leonel Garcia, Jr.; and required for reconstruction of Malone Street and Moore Avenue south of Irion Street, and find that $165.00 is just compensation for the property acquired, with funds available in Street Improvements Fund GS67, Center No. 016670402350, Account No. 541100. It was the consensus of the City Council that the recommendations be adopted. M&C L-10521 re There was presented Mayor and Council Communication No. L-10521 from the City Manager acquisition of recommending that the City Council authorize the acquisition of a rectangularly -shaped strip land in Lot 7, of land from the west property line of Lot 7, Block 29, Diamond Hill Addition, as described Block d di Diamond in Volume 4308, Page 625, Deed Records, Tarrant County, Texas; said land lying on the east Hill Addition side of Malone Street and being five feet in width and 50 feet in length; located at 2604 Malone Street; owned by Marilyn G. Barnes; and required for reconstruction of Malone Street and Moore Avenue South of Irion Street, with funds available in Street Improvements Fund GS67, Center No. 016670402350, Account No. 541100. It was the consensus of the City Council that the recommendations be adopted. M&C 1-10522 re There was presented Mayor and Council Communication No. L-10522 from the City Manager acquisition of recommending that City Council authorize the acquisition of a rectangularly -shaped strip of land in Lot 8, land from the west property line of Lot 8, Block 29, Diamond Hill Addition, as described in Block 29, Diamond Volume 4308, Page 623, Deed Records, Tarrant County, Texas; said land lying on the east side Hill Addition of Malone Street and being five feet in width and 50 feet in length; located at 2606 Malone Street; owned by Ruth J. Jarman; and required for reconstruction of Malone Street and Moore Avenue South of Irion Street, with funds available in Street Improvements Fund GS67, Center No. 016670402350, Account No. 541100. It was the consensus of the City Council that the recommendations be adopted. M&C L-10523 re There was presented Mayor and Council Communication No. L-10523 from the City Manager acquisition of recommending that the City Council authorize the acquisition of a rectangularly -shaped strip land in Lot 9 and of land from the west property line of Lots 9 and 10, Block 29, Diamond Hill Addition, as 10. Block Diamond Hillll described in Volume 9229, Page 806, Deed Records, Tarrant County, Texas; said land lying on Di Addition the east side of Malone Street and being five feet in width and 100 feet in length; located at 2608 Malone Street; owned by Lydia D. Willhite; and required for reconstruction of Malone Street and Moore Avenue south of Irion Street, and find that $275.00 is just compensation for the property acquired, with funds available in Street Improvements Fund GS67, Center No. 016670402350, Account No., 541100. It was the consensus of the City Council that the recommendations be adopted. M&C L-10524 re There was presented Mayor and Council Communication No. L-10524 from the City Manager acquisition of recommending that City Council authorize the acquisition of an irregularly-shaped strip of land in Lots 15 land from the west property line of the north 47 feet of Lots 15 and 16, Block 29, Diamond 16, Block 29 Diamond Hill Hill Addition, as described in Volume 8717, Page 585, Deed Records, Tarrant County, Texas; Addition said land lying on the east side of Malone Street and being five feet in width and approximately 78 feet in length; located at 2622 Malone Street; owned by Eduardo Gallegos, et ux Beatrice P. Gallegos; .and required for reconstruction of Malone Street and Moore Avenue south of Irion Street; and find that $205.00 is just compensation for the property acquired, with funds available in Street Improvements Fund GS67, Center No. 016670402350, Account No. 541100. It was the consensus of the City Council that the recommendations be adopted. M&C L-10525 re There was presented Mayor and Council Communication No. L-10525 from the City Manager acquisition of recommending that City Council authorize the acquisition of land in Lot 17 .. a rectangu1 arly -shaped strip of land from the east property line of Lot 17, Block 30, Block 30, Diamond Diamond Hill Addition, as described in Volume 2860, Page 275, Deed Records, Tarrant County, Hill Addition Texas; said land lying on the west side of Moore Avenue, and being five feet in width and 50 feet in length; located at 2609 Moore Avenue; owned by Lula E. Knight; and required for reconstruction of Malone Street and Moore Avenue South of Irion Street; and find that $140.00 is just compensation for the property acquired, with funds available in Street Improvements Fund-GS67, Center No. 016670402350, Account No. 541100. It was the consensus of the City Council that the recommendations be adopted. M&C 1-10526 re There was presented Mayor and Council Communication No. L-10526 from the City Manager execute easement stating that Texas Utilities Electric Company submitted an executed easement and right -of - and right-of-way way instrument to the City as part of Northside II Water Transmission Main, Phase II, with instrument the standard request that the instrument be executed by the City and an original copy returned for TU Electric for its records; that the permanent utility easement is a 0.289 acre parcel of land out of Tract 11, A. F. Albright Survey, Abstract 1849 and lies completely within an existing TU Electric right-of-way recorded in Volume 2200, page 309, Deed Records, Tarrant County, Texas; that the easement is required for a 24 -inch southerly waterline extension, within Marine Creek Parkway, of the 48 -inch Northside II Water Transmission Main; and recommending that the City Manager be authorized to execute an easement and right-of-way instrument with Texas Utilities Electric Company. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council R-3 Page 552 553 Tuesday, May 28, 1991 M&C, C-12876 re There was presented Mayor and Council Communication No. C-12876, dated May 21, 1991, Contracts Amend from the City Manager, as follows: ments - Classroom T ria ning SUBJECT: CONTRACT AMENDMENTS - CLASSROOM TRAINING FOR TITLES IIA AND III OF THE JOB TRAINING PARTNERSHIP ACT RECOMMENDATIONS: It is recommended that the City Council authorize the City Manager to: 1. Increase the funding limits for classroom training contracts by $250,200.00, bringing the total to $2,122,300.00; and 2. Include additional institutions on the list of service providers and authorize payment in the amounts indicated below: DISCUSSION: On May 22, 1990, through M&C C-12333 and on May 8, 1990, through M&C C-12313, the City Council authorized the City Manager to enter into contracts with the Texas Department of Commerce for implementation of the Job Training Partnership Act for Titles IIA and III for the period July 1, 1990, to June 30, 1991. As described in these employment and training grants, academic and vocational classroom training are essential to the JTPA program. Through these services, participants are provided with "specific occupational/educational classroom training." The City Council authorized these services to be procured on a "buy - in" or "as -needed" basis. Because of increased demand for classroom training as a result of layoffs by General Dynamics, it is necessary to amend and expand amounts previously authorized on M&C C-12733, and to add other institutions to the list of service providers. In addition, Draughon's College of Nursing will be deleted from the list. The following is a listing of the service providers selected previously and those recommended for addition to the list, and the amount to be allocated for payment of services. An "*" indicates those institutions which are to be added to the service provider list. Anticipated Minutes of City Council R-3 Page 553 Previously PY 90 Institution Approved 'Change Invoices Acme School of Aeronautics $ 15,000 $ 5,000 $ 20,000 Aero Tech International 31,000 -0- 31,000 Aims Academy 6,000 -0- 6,000 American Airlines Travel Academy 15,000 -0- 15,000 American Trades Institute 190,000 10,000 200,000 Arlington Court Reporting 50,000 10,000 60,000 Avalon Vocational Technical Institute 91,000 -0- 91,000 Bryan Institute 45,000 -0- 45,000 CAD Concepts Training Center 14,000 86,000 100,000 Career Development Institute* -0- 12,000 12,000 Cassata Learning Center 13,000 -0- 13,000 Cowtown Drive Education 20,000 15,000 35,000 Dallas County Community College . i 7,000 -0- 7,000 DeVry Institute of Technology 50,000 -0- 50,000 Draughon's College of Nursing 15,000 -15,000 -0- Draughon's College of Business* -0- 28,000 28,000 Fort Worth Trade School 12,000 -0- 12,000 Hill College 6,000 -0- 6,000 International Aviation and Travel 13,000 7,000 20,000 ITT Technical Institute 53,000 -0- 53,000 Lewis University 9,700 -0- 9,700 Lincoln Technical Institute 95,000 -0- 95,000 Lindsey -Cooper Refrigeration 7,800 7,200 15,000 Love Aviation Training Center 150,000 25,000 175,000 Mansfield Business School 16,000 -0- 16,000 Mountain View College 17,200 -0- 17,200 National Education Center 90,000 -0- 90,000 Office Career Centre 20,000 20,000 40,000 Ogle School of Hair Design 6,000 1,000 7,000 Tarrant County Junior College _ 270,000 -0- 270,000 TCJC/Customized Training/ Minutes of City Council R-3 Page 553 55,1 Tuesday, May 28, 1991 M&C C-12876 Page Avjet 66,000 -0- 66,000 and Council Communication No. C-12652 with Union Pacific Railroad, Burlington Northern Texas A&M University 13,200 -0- 13,200 Texas Aero Tech 307,000 -0- 307,000 to Missouri Public Railroad standards; that, in order to avoid excessive closure time on Texas Christian University 25,000 15,000 40,000 Texas Court Reporting College 52,500 -0- 52,500 $2,000.00; stating that funds are available in Street Improvements Fund GS21, Center Texas Wesleyan University 34,000 -0- 34,000 The Computer Connection 5,700 -0- 5,700 Tri-State Driver Training 6,000 14,000 20,000 University of North Texas* -0- 10,000 10,000 University of Texas at Arlington 35,000 -0- 35,000 TOTAL $1,872,100 $250,000 $2,122,300 FINANCING: The above represents the total budget for the listed activities. Approximately 50 percent of the expenditures have already occurred. Upon approval of recommendations, sufficient funds will be available in Grant Fund GR76, Center No. 008405524010, Title III (60 percent) Retraining, Center No. 008405554030, Title III (40 percent) Retraining, Center No. 008405568020, Title III Initiative Funds Retraining, and Center No. 008405519310, Title IIA classroom training for the remaining expenditures. Expenditures will be made from Account Nos. 531180 and 531190, Training. Mr. Richard .Sapp Mr. Richard Sapp, Director of the Employment and Training Department, appeared before re M&C C-12876 the City Council and advised the City Council that Acme School of Aeronautics was purchased by Pegasus but the name will .remain the same and advised the City Council that the institutions which are not located within the City primarily are for dislocated workers and are where the individual has already started their courses at one institution and would prefer to complete their studies at the same school. Council Member Meadows made a motion, seconded by Council Member Chappell, that the recommendations, as contained in Mayor and Council Communication No. C-12876, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C C-12881 re There was presented Mayor and Council Communication No. C-12881 from the City Manager agreement with stating that the City Council approved a four -party agreement on December 11, 1990, by Mayor Burlington North- Railroad and Council Communication No. C-12652 with Union Pacific Railroad, Burlington Northern ern Railroad, and Traders Oil Mill relating to the construction and upgrade of an access track to Traders Oil Mill; that the agreement provided that the City of Fort Worth would be responsible for a new crossing surface on the Traders Oil Mill Industry track crossing of Biddison Street and also provided for the upgrading of the Traders Oil Mill Industry track to Missouri Public Railroad standards; that, in order to avoid excessive closure time on Biddison Street and to preclude the need for B.N.R.R. to install a temporary crossing, it is proposed that B.N.R.R. install the new crossing surface (furnished by the City) at the same time as the Traders Oil Mill track is upgraded; that Burlington Northern Railroad would bill the City for the cost of the installation labor which is estimated to be less than $2,000.00; stating that funds are available in Street Improvements Fund GS21, Center No. 020210340170, Account No. 541200.; and recommending that the City Manager be authorized to execute an agreement with the Burlington Northern Railroad providing for installation of an improved crossing surface on the Traders Oil Mill Industry Track. It was the consensus of the City Council that the recommendation be adopted. M&C C-12882 re There was presented Mayor and Council Communication No. C-12882 from the City Manager, Approved Change as follows: Order No. 2 with Hall -Albert Con- SUBJECT: PROPOSED CHANGE ORDER NO. 2 - MARINE PARK AND LEE AVENUE STORM structi on Company DRAIN IMPROVEMENTS (HALL -ALBERT CONSTRUCTION COMPANY) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Approve the following fund transfer: FROM TO AMOUNT REASON GS67-020670359010 GS67-020670288640 $20,144.92 To provide additional Miscellaneous Marine Park and Lee funds for construc- Streets and Avenue Storm Drain tion. Drainage Improvements Unspecified 2. Approve proposed Change Order No. 2 in the amount of $36,748.40 and ten (10) additional working days and increase City Secretary Contract No. 18080 with Hall -Albert Construction Company to $531,426.65 and 89 working Minutes of City Council R-3 Page 554 JSJ Tuesday, May 28, 1991 &C C-12882 cont. 11 days to construct the Marine Park and Lee Avenue Storm Drain Improvements. BACKGROUND: On August 7, 1990 (M&C C-12467), the City Council awarded a contract to Hall - Albert Construction Company to construct the Marine Park and Lee Avenue Storm Drain Improvements in the amount of $498,928.95 and 75 working days. This contract was assigned City Secretary Contract No. 18080. Change Order No. 1 increased the contract by $5,749.30 and four (4) working days to a total of $494,678.25 and seventy-nine (79) working days. PROPOSED CHANGE ORDER NO. 2: Due to the relocation of the 2" water line on 20th Street from Main to Ellis, an additional 655 square yards of trench repair is required on the project. Also, due to the location of the 5' x 3' box culvert adjacent to the curb and gutter in 20th Street, it was necessary to replace an additional 528 linear feet of curb and gutter, 2,148 square feet of sidewalk and 765 square feet of driveway. The contractor has agreed to do this work for a total cost of $36,748.40 and ten (10) additional working days. Staff has reviewed this proposal and find the cost to be reasonable. PROJECT COST: Original Contract Cost: $488,928.95 Approved Change Order No. 1: 5,749.30 Proposed Change Order No. 2: 36,748.40 Proposed Contract Price: $531,426.65 Approval of this change order will increase the original contract amount by 8.7 percent. FINANCING: Sufficient funds in the amount of $20,144.92 are available to transfer from Street Improvements Fund GS67, Center No. 020670359010, Miscellaneous Streets and Drainage Unspecified. Upon approval and completion of Recommendation No. 1, sufficient funds will be available in Street Improvements Fund GS67, Center No. 020670288640, Marine Park and Lee Avenue. Expenditures will be made from Account No. 541200. M&C C-12882 adopted ll It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12882, be adopted. M&C C-12883 re There was presented Mayor and Council Communication No. C-12883 from the City Manager contract ract t wwith submitting a tabulation of bids received for floodway improvements in Sunset Heights; and Linde r -Stahl Con- recommending that the City Manager be authorized to execute a contract with Linder -Stahl struction Company, Inc. Construction Company, Inc., for floodway improvements in Sunset Heights in the amount of $5,000.00 and 18 working days and that a fund transfer in the amount of $5,500.00 be authorized from GS93-020930579010, Prior Years Funding Unspecified, to GS93-020930354800, Sunset Heights Floodway Improvements, to provide funds for construction plus change orders. It was the consensus of the City Council that the recommendations be adopted. Council Member Meadows expressed appreciation to the City Manager and Transportation and Public Works staff for continuing to solve the floodway improvement problem in Sunset Heights area and made a motion, seconded by Council Member Chappell, that the recommendations, as contained in Mayor and Council Communication No. C-12883, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C C-12884 re There was presented Mayor and Council Communication No. C-12884 from the City Manager contract with stating that the Fire Department's health and fitness program includes a mandatory annual Hug 1 ey Memorial medical exam, individual exercise and nutritional program, and utilization of data as a tool Hospital for identifying and documenting the health and safety needs of fire personnel; that, under the guidelines of the health and fitness program, fire personnel in the 20-30 year old age group receive medical and fitness testing every third year, 30-40 years every other year, and personnel 40 years and older are tested every year; that contract costs fluctuate based on the age groups being tested and the number of personnel in the group, with the third year having the highest cost; that the 1990-91 contract was approved by City Council on March 13, 1990, by Mayor and Council Communication No. C-12221 with a not to exceed cost of $96,342.00; stating that funds are available in General Fund GG01, Center No. 0368000, Account No. 531200; and recommending that the City Council authorize execution of the third year renewal option of the health and fitness contract with Huguley Memorial Hospital (City Secretary Contract No. 17754) at a cost not to exceed $142,817.00. It was the consensus of the City Council that the recommendation be adopted. M&C C-12885 re There was presented Mayor and Council Communication No. C-12885 from the City Manager contract with submitting a quotation received for Summer Food Services Program for Children for the Senior Citizens Housing and Human Services Department; that availability of funds is contingent on grant Services, Inc. contract execution by Texas Department of Human Services and that no City funds are Minutes of City Council R-3 Page 555 JJG, Tuesday, May 28, 1991 M&C C-12885 cont. required; and recommending that the City Manager be authorized to execute a contract with Senior Citizens Services, Inc., to provide lunches and snacks for the Summer Food Services Program for Children on its bid of $1.89 per unit (meal), and $0.51 for snacks, contingent upon receipt of a grant from the Texas Department of Human Services in the amount of $286,461.00. It was the consensus of the City Council that the recommendation be adopted. M&C C-12886 re • I • There was presented Mayor and Council Communication No. C-12886 from the City Manager grant application stating that the City of Fort Worth has administered the Senior Community Service Employment with National Project since 1976; that program participants must be unemployed, underemployed, or Council on the individuals who have or will have difficulty in securing employment; that the proposal calls Aging, Inc. for strong efforts to secure unsubsidized employment by the participants after they have completed training; stating that the National Council On the Aging, Inc.'s share of the total budget is $656,400.00; and recommending that the City Council: 1. Authorize the City Manager to submit a grant application, accept the grant if offered, and negotiate a contract in the amount of $656,400.00 plus a non-cash, supervisory In -Kind match of $73,000.00 (which includes the City's Indirect Cost of $814.00) with the National Council On the Aging, Inc. for implementation of the Senior Community Service Employment Project for the contract period beginning July 1, 1991, through June 30, 1992; and 2. Authorize the Accounting Division of the Finance Department, subject to the City Manager's acceptance of the contract, to establish the specified account in the City of Fort Worth's financial accounting system; and 3. Waive the $814.00 indirect cost of administrative staff salary and fringe benefits as recommended by the City Manager's Office at the fiscal year 1989-90 grant rate of 2.44 percent for the Employment and Training Department in accordance with the City's Administrative Regulation 3-15. &C C-12886 adoptet It was the consensus of the City Council that the recommendations be adopted. &C C-12887 re There was presented Mayor and Council Communication No. C-12887 from the City Manager ontract with submitting a tabulation of bids received for the construction of the Northside II ircle C. Con- Transmission Main, Phase II, Section II, Contract III; stating that funds are available in tructio n Commercial Paper - Water Fund PW77, Center No. 060770140050, Account Nos. 541300, 511090, and 511080; and recommending that the City Manager be authorized to execute a contract with Circle C Construction for the Northside II Transmission Main, Phase II, Section II, Contract III on its low bid of $2,315,062.00. It was the consensus of the City Council that the recommendation be adopted. &C C-12888 re There was presented Mayor and Council Communication No. C-12888 from the City Manager ontract with stating that staff studies indicate a need to provide a storm drainage system on Wilkie Way arcia & Associa- and/or to adjust the grade of the street; that these improvements may overload the concrete es lined drainage channel from Wilkie Way to McCart Avenue; that three Fort Worth -based engineering consultants submitted proposals for design services and that the firm of Garcia & Associates was selected for further negotiations; that Garcia & Associates proposes to provide the designs and undertake the channel study on a per -hour basis with a total fee not to exceed $34,200.00; and recommending that the City Council: 1. Authorize the following bond fund transfer: FROM TO AMOUNT PURPOSE GS67-020670959010 GS67-020670402810 $34,200 To provide funds Engineering Wilkie Way for consultant's Unspecified Marbury to Wayland fees. 2. Authorize the City Manager to execute a professional services contract with Garcia & Associates, 675 N. Henderson Street, Fort Worth, Texas to design paving and drainage improvements on Wilkie Way from Marbury to Wayland, and to recommend improvements to the drainage channel from Wilkie Way to McCart Avenue, for a fee not to exceed $34,200.00. &C C-12888 adopted It was the consensus of the City Council that the recommendations be adopted. &C C-12890 re ontract with There was presented Mayor and Council Communication No. C-12890 from the City Manager urner, Collie & submitting a tabulation of bids received for a professional services contract to conduct the raden Meacham Airport Master Plan Update; stating that funds are available in grant made available by FAA, GR76 055 218691-11, Account No. 539100; and recommending that the City Manager be authorized to accept a Federal Aviation Administration grant in the amount of $118,890.00 for the update of the Meacham Airport Master Plan; that the City Manager be authorized to execute a professional services contract with the engineering firm of Turner, Collie & Braden to conduct the Master Plan Update in an amount not to exceed $132,100.00; that grant accounting be authorized to establish a grant project account; and that the City Manager be authorized to transfer the City of Fort Worth's ten percent match requirement in the amount of $13,210.00 from GR76 055 218691-11 to the established grant account. Minutes of City Council R-3 Page 556 Tuesday, May 28, 1991 M&C C-12890 adopte Council Member Chappell made a motion, seconded by Council Member Zapata, that the recommendations, as contained in Mayor and Council Communication No. C-12890, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C C-12891 re There was presented Mayor and Council Communication No. C-12891 from the City Manager cont. for one week stating that the City Council approved Mayor and Council Communication No. C-12238 on March 20, 1990, which authorized the City Manager to execute a contract with the Fort Worth Aviation Heritage Association to conduct its 1990 Airshow at Meacham Airport and granted to the Association the option to conduct its Airshows for 1991 and 1992 at one of the City - owned airports; that the Fort Worth Aviation Heritage Association is requesting that it be allowed to conduct its 1991 Airshow at Fort Worth Alliance Airport; that the terms and provisions of the proposed contract are identical to those contained in last year's contract with the Association and, among other things include provision for liability insurance naming the City and its tenants at Alliance Airport as additional insureds; indemnification of the City for damages and personal injuries; payment to the City of $10,000.00 as consideration for use of the Airport; compliance by the Association of all federal, state, and local laws, and all rules and regulations of the Federal Aviation Administration; payment to the City's Park and Recreation Department of an amount equal to 15 percent of the profits from the Airshow; and use by the Association of the remainder of the profits for the establishment and programs of a Fort Worth Aviation Museum; that discussions with the Federal Aviation Administration, the Department of Aviation, American Airlines, and the Perot Group have indicated complete support for holding the event at Fort Worth Alliance Airport and have offered their assistance should the City Council approve this contract; and that no costs will be incurred by the City; and recommending that the City Manager be authorized to execute a contract with the Fort Worth Aviation Heritage Association to conduct its 1991 Airshow at Fort Worth Alliance Airport on October 11, 12 and 13, 1991. Council Member McCray made a motion, seconded by Council Member Chappell, that Mayor and Council Communication No. C-12891 be continued for one week in order for staff to conduct an assessment of the actual cost for services being provided by City of Fort Worth personnel. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C C-12892 re There was presented Mayor and Council Communication No. C-12892 from the City Manager, withdrew from as follows: agenda SUBJECT: AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH THE HUMANE SOCIETY OF NORTH TEXAS FOR ANIMAL KENNELING, EUTHANASIA AND DISPOSAL; REJECT THE BID FOR CONSTRUCTION OF A NEW ANIMAL CONTROL CENTER; AND REJECT THE PROPOSAL FOR THE CONSTRUCTION WITH LEASE/PURCHASE; OR AWARD A CONTRACT WITH ED PARKER & ASSOCIATES FOR CONSTRUCTION OF A NEW ANIMAL CONTROL CENTER; REJECT THE PROPOSAL FOR CONSTRUCTION WITH LEASE/PURCHASE; AND REJECT THE PROPOSAL FOR CONTRACTING OF ANIMAL KENNELING SERVICES RECOMMENDATIONS: It is recommended that the City Council: 1. Authorize the City Manager to negotiate and execute a contract with the Humane Society of North Texas contingent upon certain specific elements for the kenneling, euthanasia and disposal of animals; 2. Reject the bid for construction of a new facility; and 3. Reject the proposal for construction with lease/purchase. Alternative: 1. Adopt the attached supplemental appropriations ordinance increasing appropriations by $1,865,070.00 in 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 $1,865,070.00 from General Fund GG01, Non - Departmental -Special Transfers Center No. 0909101 to Specially Funded Capital Projects Fund GC35, Center No. 020501000000, Animal Control Center; and 3. Authorize the City Manager to execute a contract for construction of the Animal Control Center with Ed Parker & Associates, the low bidder, for $1,523,398.00 for the base bid including Alternates Nos. 1, 2 and 3 with additional costs for a total of $1,865,070.00; 4. Reject the proposal of construction with lease/purchase of an animal control facility for the Health Department submitted by Amelang/Hall, the sole responding vendor as being non-responsive. The vendor, Amelang/Hall failed to submit the required bid bond; and Minutes of City Council R-3 Page 557 55S Tuesday, May 28, 1991 M&C C-12892 cont. II 5. Reject the proposal from the Humane Society of North Texas for the contracting of the animal kenneling, euthanasia and disposal services. DISCUSSION OF ANIMAL KENNELING SERVICES CONTRACT ALTERNATIVE: The proposal received from the Humane Society of North Texas for animal kenneling, euthanasia and disposal has been discussed in the Informal Report submitted to council. Should the Council elect to authorize the City Manager to negotiate and execute a contract with the Human Society of North Texas, approval of such a contract should be contingent upon the inclusion of these initial elements: 1. The completion and certification of the kennels and quarantine area by the Texas Department of Health. 2. Development of an automated animal tracking and accounting program. 3. Truck washdown and disinfecting area. 4. Definition of the Humane Society staff involvement in the unloading and processing of animals upon arrival at the Human Society's facility. 5. Description of the type and method of training given to center attendants. 6. Plan for staffing and communication equipment requirements of kennel and reception areas. 7. Humane Society's ability to acquire a performance bond. The listed items were required in the RFP, but not addressed by the proposer. Cost analysis projects a savings of $31,943.00 per year by contracting the kenneling activities rather than construction of a new facility. DISCUSSION OF THE CONSTRUCTION BID ALTERNATIVE: Plans and specifications were completed in February 1991 for the construction of a new Animal Control Facility and the project was advertised for bids on February 21 & 28, 1991. RID TABULATION! Bidder Base Bid Alt. 1 Alt. 2 Alt. 3 1. Ed Parker & Assoc. $1,189,898 $20,500 $13,000 $300,000 2. Tom S. Stephens, Inc. $1,275,000 $46,000 $10,000 $344,000 3. Westland Const. $1,276,000 $21,600 $14,700 $330,840 5. Harold N. Hall Const. $1,333,000 $19,000 $20,000 $388,000 6. E. Horn Const. Co. $1,388,888 $15,333 $13,333 $364,000 } 7. Ed A. Wilson A. Inc. $1,421,500 $18,300 $11,350 $366,400 The Base Bid included the Administration Building, Clinic, 100 kennel cages, parking and site work. Alternate #1 was for a covered walkway between the Administration Building and the Kennel Building. Alternate #2 was for a canopy over the truck wash area. Alternate #3 was for an additional 100 kennel cages. The low bidder, Ed Parker & Associates is above an estimate budget by 17 percent. Staff from the City Manager's Office, Transportation and Public Works Department, and Health Department reviewed the plans and specifications and concluded that only minor cost savings could be affected without changing the scope of the project or sacrificing desirable materials in the construction. Staff recommends that the contract be awarded as bid including the alternate for an additional 100 kennel cages because of the attractive price per kennel cage. The low bidder Ed Parker submitted DBE information that indicated 15 percent DBE participation by four firms. The City's DBE office only shows current certifications for two of the firms. If the Council awards the construction contract to Ed Parker, the DBE office will work with the contractor to ensure that all firms used are certified. Minutes of City Council R-3 Page 558 &C C-12892 cont. Tuesday, May 28, 1991 Total Budget recommendations are as follows: Construction A/E Fee Testing & Utilities Printing & Advertising Administration & Inspection Contingency Land, Survey & Soil Tests Fixed Equipment Movable Equipment Sub -Total Original Appropriation Budget Request $1,523,398.00 67,200.00 47,127.00 1,800.00 64,490.00 150,000.00 157,985.00 30,000.00 45,000.00 • ff (221,930.00) $1,865,070.00 DISCUSSION OF CONSTRUCTION WITH LEASE/PURCHASE AGREEMENT: The proposal for the construction of an animal control facility with a I ease/purchase option, submitted by Amelang/Hall, Arlington, Texas was the only response to the request for proposal. However, the vendor Amelang/Hall failed to submit the required bid bond and, therefore, was non-responsive. FINANCING: APPROVAL OF CONTRACT WITH THE HUMANE SOCIETY OF NORTH TEXAS: Sufficient funds are available in General Fund GGO1, Center No. 0504001, Animal Control Expenditure will be made from Account No. 539120/ APPROVAL OF CONSTRUCTION OF ANIMAL CONTROL CENTER: r Upon approval and completion of recommendations #1 and #2, sufficient funds will be available in the specially Funded Capital Projects Fund GC35, Center No. 020501000000, Animal Control Center, to provide financing for this project. Expenditures will be made from Account No. 541200. The unreserved, undesignated General Fund balance after this transfer will be $24,476,060.00. Mr. Rob Herald re Mr. Rob Herald, 3538 Westcliff Road South, appeared before the City Council and M&C C-12892 requested that the City Council give favorable consideration to the awarding of the contract to the Humane Society of North Texas for animal kenneling. It was the consensus of the City Council that Mayor and Council Communication No. C-12892, Authorize the City Manager to negotiate and execute a contract with the Humane Society of North�Texas for Animal Kenneling, Euthanasia and Disposal; Reject the bid for construction of a New Animal Control center; Reject the Proposal for the construction with lease/purchase; or award a contract with Ed Parker & Associates for construction of a New Animal Control Center; Reject the Proposal for construction with lease/purchase; and reject the Proposal for contracting of Animal Kenneling Services, be withdrawn from the agenda. M&C Fp-2822 re There was presented Mayor and Council Communication No. FP -2822 from the City Manager final payment to McClendon Construc stating that the construction of FWTA street improvements has been completed in accordance tion Company with plans and specifications under Contract No. 18211 awarded to McClendon Construction Company on November 20, 1990; and recommending that the City Council accept as complete the construction of FWTA street improvements and authorize final payment in the amount of $1,076.74 to McClendon Construction Company, with funds available in Contract Street Maintenance Fund GS93, Retainage Account No. 205000, Center No. 000930561060 and Contract No. CS18211. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2823 re There was presented Mayor and Council Communication No. FP -2823 from the City Manager final payment to stating that the assessment paving of Bryant Irvin from Camp Bowie to Calmont has been J.L. Bertram Con- completed in accordance with plans and specifications under Contract No. 17628 awarded to s truc tion & En- J.L. Bertram Construction and Engineering, Inc. on January 2, 1990; and recommending that gineering, Inc. the City Council accept the assessment paving of Bryant Irvin Road from Camp Bowie to Calmont; authorize the final payment in the amount of $12,548.44 to J.L. Bertram Construction and Engineering, Inc.; and approve the final assessment rolls and authorize the issuance of certificates in evidence of the special assessments levied against the abutting property owners of Bryant Irvin from Camp Bowie to Calmont, with funds available in Street Improvements Fund GS67, Retainage Account No. 205082, Center No. 000670231880, Contract No. C017628 and Account/Center No. 541200/020670231880. On motion of Council Member Zapata, seconded by Council Member Meadows, the recommendations were adopted. It appearing to the City Council that the City Council on May 21, 1991, continued the Continued Hearing hearing to consider Lone Star Gas Company's requested rate increase from day to day and from on Lone Star Gas time to time and especially to the meeting of May 28, 1991, to give every interested person Company's rate or citizen an opportunity to be heard, Mayor Granger asked if there was anyone present increase desiring to be heard. Minutes of City Council R-3 Page 559 OUJ Tuesday, May 28, 1991 M&C G-9158 re Attention of the City Council was called to Mayor and Council Communication No. G-9158 Lone Star Gas from the City Manager, as follows: Company rate in- crease SUBJECT: LONE STAR GAS COMPANY REQUEST FOR INCREASE IN LOCAL RATES RECOMMENDATION: It is recommended that: 1. An ordinance (Attachment A) be -adopted by the City Council establishing new residential and commercial gas rates to be charged by Lone Star Gas Company, within the City of Fort worth, as recommended in the McMorries and Associates Report; and 2. Lone Star Gas Company be invoiced to reimburse the City of Fort Worth for the funds expended to engage the consultant, in an amount not to exceed $26,000.00. BACKGROUND AND RATE HISTORY: The present gas rates in effect in Fort Worth were approved by City Council in M&C G-6439 and established by Ordinance No. 9491, adopted September 24, 1985. These rates replaced old rates established November 23, 1982 (Ordinance No. 8690). On February 6, 1991, the Lone Star Gas Company filed a request for authority to increase its residential and commercial rates in Fort Worth and the 18 other cities comprising its Fort Worth Distribution System. The requested rates are designed to produce additional revenues of $3.716 million on Lone Star's Fort Worth Distribution System. That portion of the requested increase attributable to customers in the City of Fort Worth would be $2,610,154.00. On March 5, 1991, the City Council approved M&C G-9065, which authorized the engagement of a consultant, McMorries and Associates of Amarillo, Texas, to evaluate the propriety and justification for the rate request. This firm has been the City's consultant in previous rate cases. In addition, the Council approved Ordinance No. 10801, which suspended the implementation of the new rate until June 12, 1991, pursuant to Article 1446e, V.A.T.S., the Gas Utility Regulatory Act (GURA). The consultant now has completed his study and report (Attachment B). The consultant recommends that $1.674 million additional revenue will be required system -wide, which is 45 percent of the Company's requested increase of $3.716 million. The amount attributable to customers in the City of Fort Worth would be $1,176,834.00. The comparison between the Company's and consultant McMorries' findings is summarized as follows: Company Consultant (IN THOUSAND $) 1. Operating Revenues at Present Rates, Adjusted $90,691 $90,945 2. Proposed Additional Revenues 3,716 1,679 3. Total Operating Revenues (1+2) 94,407 92,619 4. Less (adjusted) Operating Expenses 86,889 86,063 5. Less Federal Income Tax 1,823 1,510 6. Net Operating Income (3-4-5) $ 5,695 $ 5,046 7. Rate Base (Adjusted Value of Property) 82,123 - 73,422 8. Rate of Return (Line 6/7) 6.93 perc6o-87 percent The consultant's recommended rates differ from Lone Star Gas Company's proposed rates in the monthly "customer charge" and the per unit charge. The following table shows the current, proposed and recommended rates. RESIDENTIAL Present Company Proposed Consultant - Summer Winter First 20 Mcf - - 5.3112 Customer Charge $6.00 $6.00 $8.00 $7.00 All Mcf 4.9346 5.2846 - Peak Period - - 5.3020 5.2020 Off Peak - - 5.0520 .4.9520 COMMERC TAI_ Customer Charge $9.00 $9.00 $14.00 $12.00 All Mcf 4.9346 5.2846 - - First 20 Mcf - - 5.3112 5.4478 Next 30 Mcf - - 5.0112 5.1478 Over 50 Mcf - - 4.8612 4.9978 Minutes of City Council R-3 Page 560 Tuesday, May 28, 1991 M&C G-9158 cont.II A bill comparison using current, proposed and recommended residential and commercial rates is attached (Attachment C). There are three important changes proposed in this rate application that should be noted. The first change is the elimination of the present summer/winter rate differential. Lone Star Gas is proposing a three step declining block rate for commercial customers, designed to recover the cost of serving this customer class and to encourage business growth. For residential customers the Company proposes an off-peak discount for amounts used in excess of 8 Mcf during the billing months of May through October. The second change is the elimination of the public school rate offered under contract. As these contracts expire, the school districts will become commercial customers and be billed under the same uninterruptable commercial rate approved by the City of Fort Worth. The third change is a weather normalization adjustment, which would automatically adjust rates for winter weather which is abnormally cold or warm. Lone Star Gas Company also has requested increases in certain miscellaneous charges as shown below: From To Reconnect Charge 8 a.m. to 5 p.m. Monday through Friday $20.00 $25.00 Nights, Weekends and Holidays $30.00 $40.00 Collection Charge (per trip) $ 5.00 $ 7.00 The consultant concurs that these increases are fair and reasonable. Council Member Chappell requested permission of the City Council to abstain from voting on Mayor and Council Communication No. G-9158. , Council Member Meadows made a motion, seconded by Council Member Woods, that Council Member Chappell be permitted to abstain from voting on Mayor and Council Communication No. G-9158. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Zapata excused himself from the Council table at this time. Mr. Danny Reed re Mr. Danny Reed, representing the Department of Law, appeared before the City Council M&C G-9158 and advised the City Council that, at the public hearing conducted last week, he recommended the deletion of the weather normalization clause; that Lone Star Gas has amended its weather normalization request; and that he is in full support of the anticipated proposed substitute plan that will be submitted by Mr. Cumbie. Ms. Lou Spiegel re Ms. Lou Spiegel, representing Fort Worth Independent School District, 3210 West M&C G-9158 Lancaster, appeared before the City Council and expressed opposition to Lone Star Gas Company's rate increase request as well as the commercial rate proposed for the Fort Worth Independent School District. Mr. Gary Cumbie re Mr. Gary Cumbie, Vice President and Division Manager of Lone Star Gas Company, M&C, G-9158 11 appeared before the City Council and submitted a correspondence as follows: Honorable Mayor Kay Granger and City Council City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 Dear Mayor and Councilmembers: At the May 21 City Council meeting, I was asked to provide additional information about Lone Star's proposed $40.00 charge for reconnecting service after normal business hours. Specifically, the Council wanted to know how often such a charge is billed, and the impact it may have on customers who are trying to restore service which was terminated for non-payment. We selected three recent months and physically reviewed our records to determine the number of overtime reconnects billed to customers. We selected December and January for their cold -weather effect on reconnects, and September because of the high volume of reconnects related to the new school year. In those three months combined, there were only 22 after-hours reconnect charges billed, with 9 of them on accounts which had been disconnected for non-payment, as shown below: Minutes of City Council R-3 Page 561 00 y M&C G-9158 cont. Mr. Gary Cumbie's correspondence Tuesday, May 28, 1991 Total After -Hours Reconnects After -Hours Where Disconnect Reconnects For Non -Payment September, 1990 4 4 December, 1990 11 '3 January, 1991 7 2 Three Month Total 22 9 x4 x4 Estimated Annual 88 36 I have estimated an annual figure of 88 after-hours reconnects, 36 having been disconnected for non-payment of bills, by simply multiplying the 3 -month data by four. However, since the three selected months were busy ones, it is likely that the annual estimates are overstated. For prospective, we reconnect approximately 31,000 accounts per year in the Fort Worth distribution system. Fewer than half of the after-hours reconnect customers had been disconnected for non-payment. The majority were customers who called late in a work day or after-hours and wanted immediate service. As a matter of information, Lone Star has requested this $40.00 after- hours reconnect fee in its rate cases beginning in 1986. The fee has been approved in every city where it has been filed, and by the Texas Railroad Commission in numerous environs cases and appellate cases. Of 437 cities served by Lone Star in Texas, 221 now have the $40 after-hours reconnect charge. Another topic of discussion at the Council hearing was Lone Star's proposed Weather Normalization Adjustment (WNA). I was asked whether other Texas cities had adopted WNA's, and the answer is that Mesquite approved a rate for Lone Star this month which includes the same WNA as filed in Fort Worth. No other Texas cities have yet approved a WNA, but it is our understanding that Southern Union Gas Company (Austin, E1 Paso and other cities) will be requesting WNA's in their 1991 rate cases. WNA's are in effect in areas served by Alabama Gas Company, Atlanta Gas Light Company, Brooklyn Union Gas Company, and National Fuel Gas Company (New York State). The purpose of a weather normalization adjustment is to stabilize gas company revenues against radical swings in weather patterns, thus insuring that Lone Star neither under -recovers nor over -recovers its revenues due to the weather. The adjustment is more fully described behind Tab 3 in the booklet I provided each Council member at the meeting. Lone Star urges the Coundil to include approval of the weather normalization adjustment in its rate ordinance. In setting its rates, i know that the Council must give weight to the recommendation of the consultant it has hired. However, I ask that you also give weight to the request and recommendation we have made. We have asked only for what we think is fair and reasonable. Our treatment of unaccounted-for gas, for example, is exactly consistent with recent findings of the Texas Railroad Commission on a case appealed by Lone Star, and yet the consultant has changed it to fit his philosophy, reducing Lone Star's revenue proposal by $673,160. This and other changes he has made are also described in the booklet I provided. Lone Star Gas Company is not just any gas company. We have striven to be the very best, both in service to our customers and in participating in our community. If something good is happening in Fort Worth, Lone Star and its people are involved. We are citizens, and ask to have our side of this story considered. Thank you for your consideration. Sincerely, Gary W. Cumbie GWC:no r. Cumbie re Mr. Cumbie advised City Council that the schools were notified two years ago of the &C G-9158 proposal to withdraw the subsidized rates under which the School District previously had operated and advised City Council that the geographical locations of the after -hour reconnect charges were not supplied but that he would be willing to provide the City Council with this information. City Attorney Adkins reminded the City Council of the amended ordinance that was provided to the City Council last week and that the corrected version of the ordinance is the one that should be considered for approval by City Council. Minutes of City Council R-3 Page 562 503 Tuesday, May 28, 1991 &C G-9158 cont. Mayor Pro tempore Garrison made a motion, seconded by Council Member Meadows, that the hearing to consider Lone Star Gas Company's requested rate increase be closed and that the recommendations, as contained in Mayor and Council Communication No. G-9158 be approved, as amended. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Garrison; Council Members McCray, Woods, and Meadows NOES: Council Member Webber ABSENT: Council Member Zapata NOT VOTING: Council Member Chappell n troduced an Council Member Mayor Pro tempore Garrison introduced an ordinance and made a motion rdinance that it be adopted. The motion was seconded by Council Member Meadows. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Garrison; Council Members McCray, Woods, and Meadows NOES: Council Member Webber ABSENT: Council Member Zapata NOT VOTING: Council Member Chappell IIThe ordinance, as adopted, is as follows: ORDINANCE NO. 10849 rdin ance No. AN ORDINANCE REGULATING THE RATES AND CHARGES OF ALL PERSONS, 0849 FIRMS, CORPORATIONS OR ASSOCIATIONS OR PERSONS ENGAGED IN THE BUSINESS OF FURNISHING, DISTRIBUTING, OR DELIVERING NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CUSTOMERS IN THE CITY OF FORT WORTH, TEXAS; REPEALING ORDINANCE NO. 9491; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 6, 1991, Lone Star Gas Company made application for an increase in Residential and Commercial gas rates designed to produce additional revenues of $3,715,813 from its Fort Worth Distribution. System consumers, including $2,610,154 from customers in the City of Fort Worth; and WHEREAS, a public hearing has been held on this application of Lone Star Gas Company, at which all interested parties were given a full opportunity to be heard on the requested rate increase; and WHEREAS, the hearing on said rate increase application has now been concluded and closed and the City Council has duly considered al matters presented to it; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the City Council of the City of Fort Worth, in the exercise of its sound legislative discretion, finds the following facts to be established: a. That Lone Star Gas Company's distribution properties used and useful in serving the consumers in the Fort Worth Distribution System comprise an Invested Capital Rate Bases of $47,113,562.00 and an Adjusted Value Base Rate of $73,422,435.00. b. That Lone Star Gas Company is entitled to a 12.5 percent rate of return on its Invested Capital Rate Bases and a 6.87 percent rate of return on its Adjusted Value Rate Base; and that said rates of return are fair, reasonable and just under the facts and circumstances presented; c. That Lone Star Gas' Company requires a net operating income of $5,045,862.00 on revenues from residential and commercial gas sales of $92,619,269.00 to achieve the foregoing fair rates of return. Minutes of City Council R-3 Page 563 0D Tuesday, May 28, 1991 Ordinance No. d. That the rates hereinafter fixed are determined to be fair, just and 10849 cont. reasonable; and that all previously adopted rates and charges for gas service to residential customers in the City of Fort Worth should be and are hereby repealed effective July 1, 1991. SECTION 7. That any person, firm or corporation who refuses to comply with the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, may be fined not to exceed Two Hundred Dollars ($200.00), and each day's violation shall constitute a separate offense. SECTION 9 That this ordinance shall take effect on and after the date of its passage and publication as required by law. Mayor Granger re Mayor Granger announced that public hearings regarding Charter Review and number of Public Hearings single member districts are being heard at various locations within the City of Fort Worth regarding Charter and that the time and locations are posted on the public bulletin board and advised the Review and number audience that there will be a City-wide public hearing held on June 6, 1991 on of single member redistricting. districts meetings Mr. Pat Taylor re Mr. Pat Taylor, 614 Monticello Drive, appeared before the City Council and regarding Charter Review and the publicizing of the hearings on redistricting and Charter Review and requested that the City publicizing City spend money to keep the citizens of Fort Worth informed and suggested that the City of redis tric ting;;: Fort Worth place an 11 by 17 sheet in the Fort Worth Star -Telegram written by the City of Fort Worth to inform the citizens. Mr. Taylor also took exception to a recent article in the Fort Worth Star -Telegram regarding a single -member redistricting hearing attended by residents of the Monticello and Crestwood neighborhoods. Mr. Brent Dickey r Mr. Brent Dickey, 3320 McLean, appeared before the City Council and expressed violation of Open opposition to members of the Alcoholic Beverage Control Task Force allegedly meeting in Meetings Act private with Mr. Steve Swander in an alleged effort to replace Ordinance No. 10727 (bar ordinance) with a new ordinance, and advised the City Council that, in his opinion, the Open Meetings Act was violated with such a meeting held between two of the members of the Alcoholic Beverage Control Task Force. Mr. Dickey was advised by City Attorney Adkins that the Open Meetings Law was not violated. Public Hearing on It appearing to the City Council that a public hearing was scheduled for today for the the contract with proposed contract with Because We Care, Inc., to utilize $13,114.00 in Community Development Because We Care, Block Grant Funds for a summer program; and that notice of the public hearing was published Inc. M&C, C-1288 9 in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, on May 25, 1991, Mayor Granger asked if there was anyone present desiring to be heard. Ms. Tina Penny re M&C C-12889 Ms. Tina Penny, representing the Housing and Human Services Department, appeared before the City Council, presented a staff report to the City Council, and called attention of the City Council to Mayor and Council Communication No. C-12889, as follows: SUBJECT: CONTRACT WITH BECAUSE WE CARE, INC., FOR A SUMMER PROGRAM RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Approve the expenditure of an amount not to exceed $10,214.00 for salaries and related expenditures to hire two temporary full-time counselors for two months for the "Because We Care" program; and 2. Execute a contract with Because We Care, $2,900.00 to provide program supervision program materials, and transportation activities. DISCUSSION_ Inc., in an amount not to exceed of the counselors, purchase of of participants to various Because We Care, Inc., administers a school-based program of prevention and intervention for at -risk students throughout Tarrant County, including twenty- three Fort Worth Independent School District (FWISD) campuses. The proposed program will be operated in conjunction with the Summer Lunch Program at four multi-purpose centers (MPUs): Como, North Tri -Ethnic, North Side and Worth Heights, and will operate from June 17 through August 16, 1991. It will be a demonstration program, representing the first time that "Because We Care" has operated in a site other than a school. Minutes of City Council R-3 Page 564 M&C C-12889 cont. %UVJ Tuesday, May 28, 1991 The two counselors will spend one-half of their time at each of two MPC's, offering continued contact with students during the summer months through provision of drug prevention/intervention counseling, retreats and other activities. The counselors will be hired by the City as part-time employees (SO1's), and the City will execute a contract with Because We Care, Inc., for program supervision, purchase of materials for program operation, and transportation of program participants to various activities. A public hearing has been scheduled for today's City Council meeting. A hearing notice was published in the Fort Worth Star -Telegram on Saturday, May 25th. FINANCING: Sufficient funds will be available on June 1, 1991, in Grant Fund GR76, Center No. 005206092990, Unprogrammed Funds, for transfer to new Center Nos. 005206292840, Because We Care, Inc., Administration, and 005206092800, Contractual Services. Mr. John Clay re Mr. John Clay, 2617 Mockingbird, President of Because We Care, appeared before the M&C C-12889 City Council and advised the City Council that the program is a pilot program during the summer months and requested that the City Council invest in the youth of the City and support Mayor and Council Communication No. C-12889. Asst. C+1tyLP1hh#ger Assistant City Manager Libby Watson appeared before the City Council and advised City Libby Watson re Council that the Because We Care, Inc., program is a pilot program and that City staff was M&C C-12889 responsible for site selection and that staff could revisit the site selection process to see if additional sites need to be added. Council Member Webber made a motion, seconded by Council Member Woods, that the hearing on proposed contract with Because We Care, Inc., to utilize $13,114.00 in Community Development Block Grant Funds for a summer program be continued for one week. Council Member Meadows made a substitute motion, seconded by Council Member Zapata, that the City Council close the hearing on the proposed contract with Because We Care, Inc., to utilize $13,114.00 in Community Development Block Grant Funds for a summer program; that the recommendations as contained in Mayor and Council Communication No. C-12889 be authorized; and that the City Manager's staff be authorized to present another Mayor and Council Communication next week for additional sites for Because We Care, Inc., summer programa When the motion was put to a vote by the Mayor, it prevailed unanimously. Ms. Debbie Lea Ms. Debbie Lea Perkins, 8924 Herring Drive, appeared before the City Council and Perkins re expressed support of the proposed curfew ordinance for children. Curfew Ordinance for children Recessed into It was the consensus of the City council that the City Council recess into closed or closed or executiv executive session to seek the advice of its attorney concerning zoning ordinance provisions session 11 establishing distance regulations for bars, with this closed or executive session authorized by Disciplinary Rules of Professional Conduct of the State Bar of Texas and Section 2(e), Article 6252-17, V.A.C.S., the Texas Open Meeting Act. Reconvened into The City Council reconvened into regular session with all members present. regular session Adjourned There being no further business, the meeting was adjourned. CITY SECRETARY Minutes of City Council R-3 Page 565 MAYOR Minutes of City Council R-3 Page 566