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HomeMy WebLinkAbout1998/06/23-Minutes-City Council CITY COUNCIL MEETING JUNE 239, 1998 Date & Time On the 23rd of June, A.D., 1998, the City Council of the City of Fort Worth, Texas, met in regular session, at 10:25 a.m., with the following members and officers present: Attendance Mayor Kenneth Barr; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Clyde Picht, Jeff Wentworth, Ralph McCloud, and Cathy Hirt; City Manager Bob Terrell; City Attorney Wade Adkins; City Secretary Gloria Pearson. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Deacon Ron Aziere, St. Paul the Apostolic Parish. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member McCloud, seconded by Council Member Haskin, the minutes of the regular meeting of June 16, 1998, were approved unanimously. Special Recognition of Miss Fort Worth, Jasmine Bates. Presentations Recognition of Reggio Emilia Youth Sports Exchange by Mr.John Coy,Vice President of Miller Distributing and Chairman of Reggio Emilia Committee. A proclamation for Summer Dance Concert Days was presented to Ms. Margo Dean. Announcements Mayor Barr announced that this past week during the U.S. Conference of Mayors in Reno, Nevada, the City of Fort Worth was awarded two certificates by the U. S. Department of Housing and Urban Development. The first award was a John J. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 23, 1998 PAGE 2 Gunther Award for 1998, Blue Ribbon "Best Practices"in Housing and Community Development for Decent Housing recognizing the Rock Island/Hillside Project, Infill Housing and Model Blocks projects. The second award was the John J. Gunther Award for Suitable Living Environment recognizing the Model Blocks Program. He expressed the City Council's appreciation to Mr. Jerome Walker,Director of Housing and his support staff. Council Member Silcox announced that the Multi- Family Task Force would hold a meeting on Thursday, June 25, 1998, at 4:00 p.m. in the Pre- Council Chamber to look at the expansion of Tier 2 housing in and around downtown Fort Worth. Council Member Wentworth announced that the Como Neighborhood conducted a Clean-up of their community and expressed appreciation to all of the participants, and particularly to the staff of Waste Management Division and Officer Bishop of Code Compliance. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Lane, the consent agenda, as amended, was adopted unanimously. Sharon Armstrong Mrs. Sharon Armstrong, 4605 Virgil, appeared Mayor Pro tempore before the City Council and expressed support for the election of Council Member Chuck Silcox as Mayor Pro tempore inasmuch as he was the Senior member of Council. Election of i CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 23, 1998 PAGE 3 Election of Council Member Wentworth made a motion, Mayor Pro tempore seconded by Council Member Hirt, that Council Members Silcox and Lane be appointed as Mayor Pro tempore during this one-year period before the May 1999 election, with each member to serve approximately six months. He also stated that they could flip a coin to determine who would serve the first six months. Council Member Picht made a substitute motion that Council Member Silcox serve as Mayor Pro tempore for the remainder the one year period. The motion failed for lack of a second. The motion to elect both Council Members Silcox and Lane as Mayor Pro tempore carried unanimously. It was determined that the terms of office would begin June 23, 1998, through December 31, 1998, and January 1, 1999, through the City Council election of May 1999. Council Member Lane won the coin toss and decided that he would take the latter term of office. Mayor Barr congratulated Council Members Silcox and Lane, and stated that they would both do an excellent job for the City of Fort Worth. Presentations/ Council Member McCloud gave a brief report on the City Council Safety and Community Development Committee Committees meeting that was held June 9, 1998. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 23, 1998 PAGE 4 OCS-989 There was presented Mayor and Council Liability Communication No. OCS-989 from the Office of the Bond City Secretary recommending that the City Council approve the liability bond issued to Gasco, Inc. It was the consensus of the City Council that the recommendation be adopted. OCS-990 There was presented Mayor and Council Claims Communication No. OCS-990 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. It was the consensus of the City Council that the recommendation be adopted. OCS-991 There was presented Mayor and Council Res. # 2407 Communication No. OCS-991 from the Office of the Zoning Hearing City Secretary recommending that the City Council adopt Resolution No. 2407 setting regular zoning hearing for July 14, 1998. On motion of Council Member Wentworth, seconded by Mayor Pro tempore Silcox, the recommendation was adopted unanimously. G-12244 There was presented Mayor and Council Res. # 2408 Communication No.G-12244 from the City Manager Ord. # 13488 recommending that the City Council: Urban & Community 1. Adopt Resolution No.2408 of the City Council Forestry Public of the City of Fort Worth Designating certain Outreach city officials as being responsible for acting for Challenge and on behalf of the City of Fort Worth in Home Page dealing with the Texas Forest Service,the U.S. Forest Service, and the Texas Urban Forestry Council, Inc., for the purpose of submitting a grant application for an urban forestry grant \ `I CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 23, 1998 PAGE 5 for public outreach to develop a home page on the world wide web; certifying that the City of Fort Worth is eligible to receive assistance under such program; and authorizing a local match contribution, and 2. Adopt Appropriation Ordinance No. 13488 increasing the estimated receipts and appropriations in the Grants Fund in the amount of$20,000.00 subject to the receipt of the grant from the Urban and Community Forestry Grant for Public Outreach Program for the purpose of funding the development of a home page for the forestry section, and 3. Authorize in-kind support from the City in the amount of$10,000.00 as an in-kind match, and 4. Waive collection of any indirect costs, as part of the City of Fort Worth's in-kind match to this grant. It was the consensus of the City Council that the recommendation be adopted. . if#tf CITY COUNCIL MEETING FORT WORTH,TEXAS JUNE 23, 1998 PAGE 6 G-12245 There was presented Mayor and Council Res. # 2409 Communication No. G-12245 from the City Ord. # 13489 Manager recommending that the City Council: Urban & Community 1. Adopt Resolution No.2409 of the City Council Forestry Public of the City of Fort Worth designating certain Outreach - city officials as being responsible for acting Full time for and on behalf of the City of Fort Worth in Position dealing with the Texas Forest Service,the U.S. Forest Service, and the Texas Urban Forestry Council, Inc., for the purpose of participating in the Urban and Community Forestry Challenge Grant Program, a cooperative project of the Texas Forest Service, the U.S. Forest Service, and the Texas Urban Forestry Council, Inc.; certifying that the City of Fort Worth is eligible to receive assistance under such program; and authorizing a local match contribution, and 2. Adopt Appropriation Ordinance No. 13489 increasing the estimated receipts and appropriations in the Grant Fund in the amount of$31,261.00 subject to the receipt of the grant from the Urban and Community Forestry Grant for Public Outreach Program for the purpose of funding one forester position to coordinate volunteer participation in Fort Worth's Urban Forestry Program, and 3. Approve a local match of $21,261.00 from appropriated funds in the Parks and Community Services Personnel Services account, and I CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 23, 1998 PAGE 7 4. Waive the collection of any indirect costs, as part of the City of Fort Worth's in-kind match to this grant. It was the consensus of the City Council that the recommendation be adopted. G-12246 There was presented Mayor and Council Res. #2410 Communication No. G-12246 from the City Employment of Manager recommending that the City Council: Legal Counsel Marcus Cable 1. Retain Peter Armstrong, John Pestle and the law firm of Varnum, Riddering, Schmidt & Howlett, L.L.P. ("Varnum, Riddering") as outside counsel, pursuant to Chapter VI, Section 3 of the City Charter, to assist the City Attorney in the review and revision of City ordinances pertaining to the use of public rights-of-way by providers of cable and other telecommunications services, and 2. Adopt Resolution No. 2410 fixing in advance, as far as practicable, that the sum to be paid to Varnum, Riddering shall not exceed $265.00 per hour for a total amount not to exceed $40,000.00 It was the consensus of the City Council that the recommendation be adopted. G-12247 There was presented Mayor and Council Res. # 2411 Communication No. G-12247 from the City Outside Manager recommending that the City Council: Legal Counsel Aviation Services, Ltd. I C, CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 23, 1998 PAGE 8 1. Authorize the City Manager to retain the firm of Colvin & Petrocchi, L.L.P., and designate Joseph W. Colvin as outside counsel, pursuant to Chapter VI, Section 3 of the City Charter, to assist the City Attorney in the representation of the City's interests in the International Aviation Services, Ltd. bankruptcy action, and 2. Adopt Resolution No. 2411 fixing in advance, as far as practicable, that the sum to be paid to Colvin & Petrocchi, L.L.P. shall not exceed $250.00 per hour for a total amount not to exceed $20,000.00. On motion of Council Member Lane, seconded by Council Member McCloud, the recommendation was adopted unanimously. G-12248 There was presented Mayor and Council Reinvestment Communication No. G-12248 from the City Zone Thirty Manager recommending that the City Council: 1. Set Tuesday, July 7, 1998, at 7:00 p.m., as the date and time for a public hearing before City Council concerning: (a) the advisability of establishing Fort Worth Tax Abatement Reinvestment Zone Number 30 for tax abatement purposes, and (b) the boundaries of the proposed zone, and 2. Authorize the City Manager to give notice of the public hearing as required by state law. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 23, 1998 PAGE 9 G-12249 There was presented Mayor and Council Klabzuba Communication No. G-12249 from the City Properties Manager recommending that the City Council Moratorium consider the appeal from the moratorium on Two-Family acceptance of applications for building permits for Dwellings two-family dwellings. Hank Akin Mr. Hank Akin, 930 West 1st, appeared before the City Council and requested favorable consideration of the Council for the granting of the appeal from the moratorium on acceptance of applications for building permits for Two-Family Dwellings. Council Member Wentworth made a motion, seconded by Council Member Hirt,that Option 2 be approved, granting the appeal and directing the Development Director to accept the applications for filing and processing of the building permit. The motion carried unanimously. P-8625 There was presented Mayor and Council Purchase Communication No. P-8625 from the City Manager Agreement recommending that the City Council authorize a with GT purchase agreement for OEM Federal Signal parts Distributors for the City Services Department with GT Incorporated Distributors Incorporated, based on low bid of Manufacturer's list price less 33.5 percent discount, payment terms net 30 days,f.o.b. destination,freight no charge, with agreement to begin June 23, 1998, and end June 22, 1999, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 23, 1998 PAGE 10 P-8626 There was presented Mayor and Council Purchase Communication No. P-8626 from the City Manager Paint recommending that the City Council authorize the purchase of paint preparation services on residences from contractors for the Housing Department based on the lowest bids for a total amount not to exceed $111,214.65. It was the consensus of the City Council that the recommendation be adopted. P-8627 There was presented Mayor and Council Ord. #13490 Communication No. P-8627 from the City Manager Ord. # 13491 recommending that the City Council: Purchase of Cab and 1. Adopt Appropriation Ordinance No. 13490 Chassis increasing the estimated receipts and appropriations in the Capital Projects Reserve Fund in the amount of $33,991.00 from available funds for the purpose of funding the purchase of one 14.5 GVWR Cab and Chassis, and 2. Authorize the transfer of$33,991.00 from the Capital Projects Reserve Fund to the Specially Funded Capital Projects Fund, and 3. Adopt Appropriation Ordinance No. 13491 increasing the estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $33,991.00 from available funds for the purpose of funding the purchase of one 14.5 GVWR Cab and Chassis, and CITY COUNCIL MEETING FORT WORTH, TEXAS NNE 23, 1998 PAGE 11 4. Authorize the purchase of one 17.5 GVWR cab and chassis from Village Ford of Lewisville, Inc., for the Fire Department, based on low bid, for an amount not to exceed $33,991.00, fo.b. Fort Worth, freight no charge and payment terms of net 10 days. It was the consensus of the City Council that the recommendation be adopted. P-8628 There was presented Mayor and Council Purchase Communication No. P-8628 from the City Manager Agreement recommending that the City Council authorize a for Water purchase agreement for water treatment service United with United Worth Hydrochem Corporation for the Treatment Transportation/Public Works Department,Building Service Services Division, based on the lowest qualifying bid, terms net 30 days, including cost of goods and freight, with agreement to begin July 1, 1998, and end June 30, 1999, with two one-year options to renew. It was the consensus of the City Council that the recommendation be adopted. P-8629 There was presented Mayor and Council Purchase Communication No. P-8629 from the City Manager Agreement recommending that the City Council authorize an Portable annual purchase agreement with Allen Sales Service Animal for a portable animal stall rental based on the lowest Stall Rental responsible bid received,with payment terms net 30 days, f.o.b. destination, and freight at no charge, with agreement to begin July 89 1998, and expire July 7, 1999, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 23, 1998 PAGE 12 P-8630 There was presented Mayor and Council Ord. # 13492 Communication No. P-8630 from the City Manager Purchase of recommending that the City Council: Asbestos Abatement 1. Approve the emergency purchase of asbestos abatement and demolition services from ICE Contractors, Inc., for asbestos abatement and demolition of the structures located at 2222 W. Rosedale at a cost of$455,385.00, and 2. Adopt Appropriation Ordinance No. 13492 increasing the estimated receipts and appropriations in the Environmental Management Fund in the amount of $455,385.00 from available funds for the purpose of funding Emergency Asbestos Abatement and Demolition Services from ICE Contractors, Inc., and 3. Approve the transfer of $455,385.00 from undesignated funds to the 2222 W. Rosedale project in the Environmental Fund. It was the consensus of the City Council that the recommendation be adopted. L-12270 There was presented Mayor and Council Lease Communication No. L-12270 from the City Renewal Manager recommending that the City Council 2509 Merrick - authorize the City Manager to renew the lease for Neighborhood 3,250 square feet of office space at 2509 Merrick Police Station from Tracy L. Kobs, Robert W. Dowling and Emily Dowling at a cost of$3,300.00 per month with the CITY COUNCIL MEETING FORT WORTH,TEXAS JUNE 23, 1998 PAGE 13 lease term of one year commencing June 1, 1998, and expiring May 31, 1999, with two options to renew for one-year each. It was the consensus of the City Council that the recommendation be adopted. L-12271 There was presented Mayor and Council Acquisition Communication No. L-12271 from the City Three Manager recommending that the City Council Permanent approve the acquisition of three permanent Easements easements located in Block D, Country Day Park Addition, required for the rehabilitation of stream CF-5 Channel improvements near Bryant Irvin Road and I-20 south for a total cost of$3.00. It was the consensus of the City Council that the recommendation be adopted. PZ-2046 There was presented Mayor and Council Annexation Communication No. PZ-2046 from the City 119.020 Manager recommending that the City Council Z.D. Davis approve the annexation timetable in order to annex Survey the property in compliance with the requirements of Section 43.052 of the Local Government Code of the State of Texas. It was the consensus of the City Council that the recommendation be adopted. PZ-2047 There was presented Mayor and Council Ord. # 13493 Communication No. PZ-2047 from the City Utility Manager recommending that the City Council adopt Easement Ordinance No. 13493 vacating a ten foot wide utility Vacation easement, located on Lots 23 and 24, Block 12, Summerfields, Phase I Addition, to the City of Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH,TEXAS JUNE 23, 1998 PAGE 14 PZ-2048 There was presented Mayor and Council Ord. #13494 Communication No. PZ-2048 from the City Sanitary Sewer Manager recommending that the City Council adopt Easement Vacation Ordinance No. 13494 vacating two sanitary sewer easements, located in Lot 2, Block A,Mason Temple Addition, to the City of Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. PZ-2049 There was presented Mayor and Council Ord. #13495 Communication No. PZ-2049 from the City Sanitary Manager recommending that the City Council adopt Sewer Utility Ordinance No. 13495 vacating a sanitary sewer Easement utility easement, located on Lot 1R, Block 2, and a Vacation portion in Lot 1, Block 2, River Park Addition, to the City of Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. C-16814 There was presented Mayor and Council J.L. Bertram Communication No. C-16814, dated June 9, 19989 Construction & from the City Manager recommending that the City Engineering Co. Council authorize the City Manager to execute a contract with J.L. Bertram Construction & Engineering Co., in of $205,294.64 for the reconstruction of South Collard Street (Avenue J to Avenue N). On motion of Mayor Pro tempore Silcox, seconded by Council Member McCloud, the recommendation was adopted unanimously. C-16815 There was presented Mayor and Council J.L. Bertram Communication No. C-16815, dated June 9, 19989 Construction & Eng. from the City Manager recommending that the City Council authorize the City Manager to execute a contract with J.L. Bertram Construction & Engineering Co., in the amount of$867,441.50 for 80 working days for H.M.A.C. Surface Overlay 98-7. CITY COUNCIL MEETING FORT WORTH, TEXAS NNE 23, 1998 PAGE 15 On motion of Mayor Pro tempore Silcox, seconded by Council Member McCloud, the recommendation was adopted unanimously. C-16816 There was presented Mayor and Council J.L. Bertram Communication No. C-16816, dated June 9, 1998, Construction & Eng. from the City Manager recommending that the City Council authorize the City Manager to execute a contract with J.L. Bertram Construction & Engineering Co.,in the amount of$386,908.50 for 80 working days for H.M.A.C. Surface Overlay 98-9. On motion of Mayor Pro tempore Silcox, seconded by Council Member McCloud, the recommendation was adopted unanimously. C-16817 There was presented Mayor and Council J.L. Bertram Communication No. C-16817, dated June 9, 1998, Construction & Eng. from the City Manager recommending that the City Council authorize the City Manager to execute a contract with J.L. Bertram Construction & Engineering Co., in the amount of$845,159.06 for the reconstruction of Altamesa Boulevard from Trail Lake Drive to Hulen Street. On motion of Mayor Pro tempore Silcox, seconded by Council Member McCloud, the recommendation was adopted unanimously. C-16833 There was presented Mayor and Council Church of God Communication No. C-16833 from the City Manager of Prophecy recommending that the City Council authorize the City Manager to execute an agreement with Church of God of Prophecy for landscaping and maintenance services for City-owned properties in the area bound by South Collard, East Lancaster, CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 23, 1998 PAGE 16 East Rosedale, and Loop 820 from June 1998 through May 31, 1999, at a cost not to exceed $10,000.00. It was the consensus of the City Council that the recommendation be adopted. C-16834 There was presented Mayor and Council Tarrant County Communication No. C-16834 from the City Manager Tax Assessor- recommending that the City Council authorize the Collector City Manager to execute an agreement between the Tarrant County Tax Assessor-Collector and the City of Fort Worth for providing assessment and collection services of ad valorem taxes levied by the City for the 1998 tax year, which covers the period October 1, 1998, to September 30, 1999. It was the consensus of the City Council that the recommendation be adopted. C-16835 There was presented Mayor and Council Ord. # 13496 Communication No. C-16835 from the City Manager Texas Department recommending that the City Council: of Health Office of Regional 1. Authorize the City Manager to apply for and, Admin. Services if offered, accept and execute a grant contract with the Texas Department of Health Office of Regional Administrative Services(ORAS),for $41,775.00, and 2. Adopt Appropriations Ordinance No. 13496 increasing the estimated receipts and appropriations in the Grant Fund in the amount of$41,775.00 subject to the receipt of the Grant from the Texas Department of Health Office of Regional Administrative Services for the purpose of funding public health support services and preventive health and human service programs, and CITY COUNCIL MEETING FORT WORTH,TEXAS JUNE 23, 1998 PAGE 17 3. Apply indirect costs in accordance with Administrative Regulation AR3-15 at a rate of 22.93 percent, which represents the most current indirect cost rate for this department. It was the consensus of the City Council that the recommendation be adopted. C-16836 There was presented Mayor and Council Pave Con, Inc. Communication No. C-16836 from the City Manager recommending that the City Council authorize the City Manager to execute a contract with Pave Con, Inc., in the amount of$190,874.90 for True Street drainage improvements. It was the consensus of the City Council that the recommendation be adopted. C-16837 There was presented Mayor and Council Fort Worth & Communication No. C-16837 from the City Manager Western Railroad recommending that the City Council approve the Rail Crossing Agreement with Fort Worth & Western Railroad which allows the replacement of a sanitary sewer line in the Railroad right-of-way. It was the consensus of the City Council that the recommendation be adopted. C-16838 There was presented Mayor and Council Ed A. Wilson, Inc. Communication No. C-16838 from the City Manager recommending that the City Council authorize the City Manager to execute Change Order No. 1 to City Secretary Contract No. 23015 in the amount of $18,300.00, thereby increasing the total contract for reconstruction of Jennings Avenue from Magnolia Avenue to Feliks Gwozdz Street with Ed A. Wilson, Inc., to $134,162.76. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 23, 1998 PAGE 18 C-16839 There was presented Mayor and Council Nadezda Communication No. C-16839 from the City Manager Construction, Inc. recommending that the City Council authorize the City Manager to execute a contract with Nadezda Construction, Inc., in the amount of$349,621.25 for Main M-106R Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 4, Contract 2), Part 2, Unit 3 - Sewer Line Replacement. It was the consensus of the City Council that the recommendation be adopted. C-16840 There was presented Mayor and Council Ed A. Wilson, Inc. Communication No. C-16840 from the City Manager recommending that the City Council authorize the City Manager to execute a contract with Ed A. Wilson, Inc., in the amount of$528,430.10, for the reconstruction of Beddel Street (Sixth Avenue to S. Adams Street), Frazier Street (Boyce Avenue to Broadus Avenue) and Broadus Avenue (Frazier Street to William Fleming Court). It was the consensus of the City Council that the recommendation be adopted. C-16841 There was presented Mayor and Council Ord. # 13497 Communication No. C-16841 from the City Conatser Manager recommending that the City Council: Construction, Inc. 1. Authorize the transfer of $586,265.00 from the Water and Sewer Operating Fund to the Water Capital Project Fund ($379,642.00) and the Sewer Capital Project Fund ($206,623.00), and 2. Adopt Appropriation Ordinance No. 13497 increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$379,642.00 and in the CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 23, 1998 PAGE 19 Sewer Capital Projects Fund in the amount of $206,623.00 from available funds for the purpose of funding a contract with Conatser Construction, Inc., for water line replacement in Darla Avenue and Burgess Drive and water and sanitary sewer line replacement in Fawn Drive, and 3. Authorize the City Manager to execute a contract with Conatser Construction, Inc., in the amount of$541,929.00 for construction of a water and sewer line in Fawn Drive and water lines in Darla and Burgess Drives. It was the consensus of the City Council that the recommendation be adopted. C-16842 There was presented Mayor and Council Change Communication No. C-16842 from the City Order No. 2 Manager recommending that the City Council Texas Sterling authorize the City Manager to execute Change Construction, Inc. Order No. 2 to City Secretary Contract No. 23335 with Texas Sterling Construction, Inc., in the amount of$36,550.00 to provide for additional and increased pay item quantities, thereby increasing the contract amount to $630,378.00. It was the consensus of the City Council that the recommendation be adopted. C-16843 There was presented Mayor and Council Circle "C" Communication No. C-16843 from the City Construction, Co. Manager recommending that the City Council authorize the City Manager to execute a contract with Circle "C" Construction, Co., in the amount of $522,115.70 for Main M-106R Drainage Area Sanitary Sewer System Rehabilitation and CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 23, 1998 PAGE 20 Improvements (Group 4, Contract 2), Part 2, Unit 2 - Sewer Line Replacement. It was the consensus of the City Council that the recommendation be adopted. C-16844 There was presented Mayor and Council Ord. # 13498 Communication No. C-16844 from the City Larry H. Manager recommending that the City Council: Jackson Construction, Inc. 1. Authorize the transfer of $488,433.50 from the Water and Sewer Operating Fund to the Water Capital Project Fund, and 2. Adopt Appropriation Ordinance No. 13498 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $488,433.50 from available funds for the purpose of funding a contract with Larry H.Jackson Construction, Inc., for reconstruction of Primrose Avenue and water main replacement in Huffman Street,Bristol Road,Fairview Road,Morning Glory, and Primrose Avenue, and 3. Authorize the City Manager to execute a contract with Larry H.Jackson Construction, Inc., in the amount of $799,385.00 for reconstruction of Primrose Avenue and water main replacement in Huffman Street, Bristol, Road, Fairview Road, Morning Glory and Primrose Avenue. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 23, 1998 PAGE 21 C-16845 There was presented Mayor and Council Mid-State Communication No. C-16845 from the City Utilities, Inc. Manager recommending that the City Council authorize the City Manager to execute a contract with Mid-State Utilities, Inc., in the amount of $555,134.00 for Main M-106R Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 4, Contract 2), Part 2, Unit 6 - Sewer Line Replacement. It was the consensus of the City Council that the recommendation be adopted. C-16846 There was presented Mayor and Council Bank One Communication No. C-16846 from the City Encroachments Manager recommending that the City Council authorize the City Manager,or his designee,to enter into a consent agreement with Bank One to permit the continuation of encroachments into the right-of- way. Mayor Barr disclosed that he had a business relationship with Bank One, but stated that under the advise of City Attorney Adkins, it did not prohibit him from voting on this item. Council Member Hirt made a motion, seconded by Mayor Pro tempore Silcox, that Mayor and Council Communication No. C-16846 be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 23, 1998 PAGE 22 C-16847 There was presented Mayor and Council Ord. # 13499 Communication No. C-16847 from the City United States Manager recommending that the City Council adopt Department of Ordinance No. 13499 authorizing promissory notes Housing & in the aggregate principal amount of$5,000,000.00 Urban together with the contract for loan guarantee Development assistance under Section 108 of the Housing and Community Development Act of 1974, as amended, 42 U.S.C., Section 5308, in connection therewith. On motion of Council Member Lane, seconded by Council Member McCloud, the recommendation was adopted, unanimously. C-16848 There was presented Mayor and Council Res. # 2412 Communication No. C-16848 from the City City of Watauga Manager recommending that the City Council adopt Disannexation Joint Resolution 2412 and agreement with the City 2.693 Acres of Watauga concerning Disannexation of a 2.693 William Evans acres tract and release of extraterritorial Survey jurisdiction rights in a 16.119 acre tract located in the William Evans Survey, Abstract No. 467. City Manager Terrell advised Council that Mayor and Council Communication No. C-16848 should be amended to correct the second "Whereas" clause on the first page of the Joint Resolution and Agreement, which stated that the City of Watauga was a general law City. This should read "Watauga was a home rule city." In response to Council Member Haskin, Assistant City Attorney David Yett appeared before the City Council and explained that the City of Watauga would hold its next Council meeting of July 6 and once approved, a formal disannexation ordinance would be brought forward for consideration by the Fort Worth City Council around mid-July. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 23, 1998 PAGE 23 Council Member Lane made a motion, seconded by Mayor Pro tempore Silcox, that Mayor and Council Communication No. C-16848 be approved, as amended. The motion carried unanimously. C-16849 There was presented Mayor and Council Change Communication No. C-16849 from the City Order No. 1 Manager recommending that the City Council Duininck authorize the City Manager to execute Change Brothers, Inc. Order No. 1 to the City Secretary Contract No. 23104 in the amount of $278,688.50, thereby increasing the contract amount to $3,568,126.30. On motion of Council Member Lane, seconded by Council Member Haskin, the recommendation was adopted. C-16850 There was presented Mayor and Council Corps of Communication No. C-16850 from the City Engineers Manager recommending that the City Council License authorize the City Manager to release Agreement approximately 50 acres from the Corps of Engineers with Pecan License Agreement with the City of Fort Worth for Valley Park Pecan Valley Park. Mayor Pro tempore Silcox made a motion,seconded by Council Member Lane, that Mayor and Council Communication No. C-16850 be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore Silcox; Council Members Lane, Picht, Wentworth, McCloud, and Hirt NOES: Council Member Haskin CITY COUNCIL MEETING FORT WORTH,TEXAS JUNE 23, 1998 PAGE 24 ABSENT: None Z-98-058-C-1 It appeared that the City Council at its meeting of June 16, 1998,continued the hearing of Historic and Cultural Landmark Commission, for a change in zoning of property located at 1422 N. Main Street and 1426 N. Main Street from "J" Light Industrial to add "DD" Demolition Delay. Mayor Barr asked if there was anyone present desiring to be heard. Council Member Lane made a motion, seconded by Council Member Haskin,that Zoning Docket No.Z- 98-058-C-1 be approved. The motion carried unanimously. There being no one else present desiring to be heard in connection with recommended changes and amendments to zoning Ordinance No.3011, Council Member Lane made a motion, seconded by Council Member Haskin, that the zoning hearing be closed and the following ordinance be adopted: ORDINANCE NO. 13500 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 30119 AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY CITY COUNCIL MEETING FORT WORTH,TEXAS JUNE 23, 1998 PAGE 25 OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS AND SHOWING SUCH DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. Executive It was the consensus of the City Council that the Session Council meet in a closed session at 11:20 a.m. to seek the advice of its attorneys concerning the following pending litigation or contemplated litigation or other matters which are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules: a) Lawrence Webb v. M.R. Weber, J.B. Loughman, and the City of Fort Worth, Cause No. 4:98-CV-424-A b) City of Fort Worth v. City of Dallas et al., Cause No. 48-171109-97 c) City of Dallas v. City of Fort Worth et al., Cause No. 3:97-CV-2374-T CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 23, 1998 PAGE 26 as authorized by Section 551.071 of the Texas Government Code. Reconvened The City Council reconvened at 11:50 a.m. with all members present. Adjournment There being no further business, the meeting was adjourned at 11:50 a.m. f�L-L CITY SECItETARY MAYOR