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HomeMy WebLinkAbout1990/06/26-Minutes-City Councilithdrew M&C Nos. City Manager Ivory requested that Mayor and Council Communication Nos. P-4338 and -4338, PZ -1584 PZ -1584 be withdrawn from the consent agenda. rom consent agenda ithdrew M&C Nos. 338, PZ -1584 from genda onsent agenda pproved ominated Mr. ichard Gwozda to he Citizen's Cabl oard r. Harold Hammett e Code of Ethics rdinance Council Member Garrison assumed his place at the Council table at this time. City Manager Ivory requested that Mayor and Council Communication Nos. P-4338 and PZ -1584 be withdrawn from the agenda. On motion of Council Member Meadows, seconded by Mayor Pro tempore Gilley, the consent agenda, as amended, was approved. Council Member Chappell nominated Mr. Richard Gwozdz for membership on the Citizens' Cable Board and made a motion, seconded by Council Member Meadows, that Mr. Richard Gwozdz be appointed to Place 9 on the Citizens' Cable Board for a term of office expiring October 1, 1991. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mr. Harold Hammett, Chairman of the Ethics Advisory Committee, appeared before the City Council and gave an overview of the public hearings that were held by the committee and advised the City Council that the proposed ordinance was the result of Minutes of City Council P-3 Page 261 CITY COUNCIL MEETING JUNE 26, 1990 Council Met On the 26th day of June, A.D., 1990, the City Council of the City of Fort Worth, Texas, met in regular session, with the following members and officers present, to -wit: Mayor Bob Bolen; Mayor Pro tempore Garey W. Gilley; Council Members Kay Granger, Members present Eugene McCray, Bill Meadows, Virginia Nell Webber, and David Chappell; City Manager David Ivory; City Attorney Wade Adkins; City Secretary Ruth Howard; Council Members Louis J. Zapata and William N. Garrison temporarily absent; with more than a quorum present, at which time the following business was transacted: Invocation The invocation was given by Deacon Oliver Smith, Tarrant Area Community of Churches. Pledg eo 6f The Pledge of Allegiance was recited. Allegiance Minutes of June 19, On motion of Mayor Pro tempore Gilley, seconded by Council Member Chappell, the 1990 approved minutes of the meeting of June 19, 1990, were approved. Ms. Mildred Manning introduced Poly- Ms. Mildred Manning, Principal, introduced the Polytechnic High School Student technic High School Leadership members. L Leadership members Council Member Zapata assumed his chair at the Council table at this time. Mr. Alfonso Yanez artwork Mr. Alfonso Yanez presented to the City of Fort Worth his original artwork. Mr. Jerry Murad re Mr. Jerry Murad, Honorary Council of Mexico, representing the Consul General of Mr. Alfonso Yanez Mexico in Dallas, appeared before the City Council and expressed appreciation to artwork Mr. Alfonzo Yanez for his gift of his art work to the City of Fort Worth. Withdrew M&C Nos. Council Member Chappell requested that Mayor and Council Communication Nos. G-8682 G-8682, L-10132 and L-10131 be withdrawn from the consent agenda. Withdrew M&C No. P-4355 Council Member Webber requested that Mayor and Council Communication No. P-4355 be withdrawn from the consent agenda. Withdrew M&C P-4349 Council Member Granger requested that Mayor and Council Communication No. P-4349 be withdrawn from the consent agenda. ithdrew M&C Nos. City Manager Ivory requested that Mayor and Council Communication Nos. P-4338 and -4338, PZ -1584 PZ -1584 be withdrawn from the consent agenda. rom consent agenda ithdrew M&C Nos. 338, PZ -1584 from genda onsent agenda pproved ominated Mr. ichard Gwozda to he Citizen's Cabl oard r. Harold Hammett e Code of Ethics rdinance Council Member Garrison assumed his place at the Council table at this time. City Manager Ivory requested that Mayor and Council Communication Nos. P-4338 and PZ -1584 be withdrawn from the agenda. On motion of Council Member Meadows, seconded by Mayor Pro tempore Gilley, the consent agenda, as amended, was approved. Council Member Chappell nominated Mr. Richard Gwozdz for membership on the Citizens' Cable Board and made a motion, seconded by Council Member Meadows, that Mr. Richard Gwozdz be appointed to Place 9 on the Citizens' Cable Board for a term of office expiring October 1, 1991. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mr. Harold Hammett, Chairman of the Ethics Advisory Committee, appeared before the City Council and gave an overview of the public hearings that were held by the committee and advised the City Council that the proposed ordinance was the result of Minutes of City Council P-3 Page 261 TUESDAY JUNE 26 1990 Code of Ethics the public hearings and expressed appreciation to the City Council and Mayor Pro cont. tempore Gilley for their support and advised Council that Page 10 of the ordinance regarding the terms need to be filled in and suggested a date of October 1 which would allow two months for the City Secretary to receive names submitted by Civic Service Organizations for the permanent five -member Ethics Review Committee. Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that the proposed ordinance revising the Code of Ethics ordinance be amended by removing Paragraph C on Page 7, and adding October 1 as the date of expiration on Page 10, and that the ordinance, as amended, be adopted. Mrs. Rosa Miranda Mrs. Rosa Miranda, 5401 Overton Ridge Boulevard, representing Allied Communities re Code of Ethics of Tarrant, appeared before the City Council and expressed support of the proposed revision to the Code of Ethics ordinance and commended the Ethics Advisory Committee for their work. Mr. Joe Cameron Mr. Joe Cameron, 4605 Applewood, representing the Concerned Citizens of Fort re Code of Ethics Worth, appeared before the City Council and expressed opposition to the proposed revision to the Code of Ethics ordinance and stated that, in his opinion, the Code of Ethics is unnecessary and advised the City Council that the Charter is sufficient. When the motion, that the proposed ordinance revising the Code of Ethics ordinance be amended, by removing Paragraph C, on Page 7, and adding October 1 as the date of expiration on Page 10, and that the ordinance, as amended, be adopted, was put to a vote by the Mayor, it prevailed unanimously. Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Meadows, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10617 10617 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE VII, "CODE OF ETHICS", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), BY CHANGING CERTAIN PROVISIONS CONCERNING DEFINITIONS, STANDARDS OF CONDUCT, AND DISCLOSURE OF INTEREST; PROVIDING FOR AN ETHICS REVIEW COMMITTEE AND ESTABLISHING PROVISIONS CONCERNING ITS DUTIES, MEETINGS AND STAFFING; ESTABLISHING PROCEDURES FOR THE COMMITTEE TO HEAR AND DISPOSE OF COMPLAINTS CONCERNING ALLEGED VIOLATIONS; PROVIDING FOR APPEALS FROM CERTAIN DECISIONS OF THE COMMITTEE; PROVIDING FOR SANCTIONS AND RECOMMENDED SANCTIONS: PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY FOR FAILURE TO COMPLY WITH A SUBPOENA ISSUED BY THE COMMITTEE OR A HEARING OFFICER; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH TEXAS: SECTION V. The City Secretary of the City of Fort Worth is hereby directed to publish the caption, Section 2-258, and the effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. Mayor Pro tempore Gilley requested that a resolution be drafted and presented to the members of the Ethics Advisory Committee in appreciation for their services. M&C OCS-143 re There was presented Mayor and Council Communication No. OCS-143 from the Office of Liability Bonds the City Secretary recommending that the City Council authorize acceptance of liability bonds, as follows: PARKWAY CONTRACTOR'S BOND INSURANCE COMPANY Salvador Espinoza Universal Surety Corporation D F W Concrete, Inc. Western Surety Company Pycon Construction Lawyers Surety Corporation Leonard Moore Construction Company Western Surety Company M&C OCS-143 adopted It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council P-3 Page 262 r63 TUESDAY, JUNE 26, 1990 &C OCS-144 Claims There was presented Mayor and Council Communication No. OCS-144 from the Office of the City Secretary recommending that notices of claims for alleged damages and/or injuries be referred to the Risk Management Department, as follows: anuel Arturo 1. Claimant: Manuel Arturo Torrez & Evangeline Torrez orrez & Evangeline (daughter) orrez Date Received: June 14, 1990 Date of Incident: Undeclared Location of Incident: 22nd and Lee Street Estimate of Damages/ Injuries: $1,772.00 - $2,867.79 Nature of Incident: Claimant alleges damages and injuries sustained allegedly as the result of a stop sign not being replaced and contributing to vehicular accident. ue Verne Kennon 2. Claimant: Lue Verne Kennon Date Received: June 14, 1990 Date of Incident: June 1, 1990 Attorney: Dean Spurlock (Sharpe, Bates, McGee & Spurlock) Location of Incident: Beldon Road Estimate of Damages/ Injuries: $80,000.00 or more Nature of Incident: Claimant alleges damages and injuries allegedly sustained as the result of road conditions. ave Wilkins and 3. Cl ai mant: Dave Wilkins and Carolyn Wilkins arol yn Wilkins Date Received: June 15, 1990 Date of Incident: On or about Sunday, April 29, 1990 Attorney: Patrick H. O'Neill (Camp, Hartley & O'Neil) Location of Incident: Botanic Gardens Estimate of Damages/ Injuries: $100,000.00 Nature of Incident: Claimants allege injuries as the result of a fall allegedly caused by an exposed sprinkler head in the pedestrian walkway. arshall Butler 4. Claimant: Marshall Butler Date Received: June 15, 1990 Date of Incident: June, 1990 Location of Incident: 3812 Lawnwood Estimate of Damages/ Injuries: $40.00 Nature of Incident: Claimant alleges damages as the result of a clogged sewer line laid by the City. aymond Lunaa, 5. Claimant: Raymond Luna Date Received: June 18, 1990 Date of Incident: On or about June 7, 1990 Attorney: Jay A. Pietsch (Dushman & Friedman, P.C.) Location of Incident: Hanger and Collard Estimate of Damages/ Injuries: $10,000.00 Nature of Incident: Claimant alleges damages and injuries sustained as the result of an accident caused by road conditions. Eugene D. Horttor 6. Claimant: Eugene D. Horttor Date Received: June 18, 1990 Date of Incident: On or about June 7, 1990 Attorney: Jay A. Pietsch (Dushman & Friedman, P.C.) Location of Incident: Hanger and Collard Estimate of Damages/ Injuries: $10,000.00 Nature of Incident: Claimant alleges injuries sustained as the result of an accident caused by road conditions. Jack Don Hartsoe 7. Claimant: Jackie Don Hartsoe Date Received: June 18, 1990 Date of Incident: June 1, 1990 Location of Incident: 100 West University Estimate of Damages/ Injuries: $287.77 Nature of Incident: Claimant alleges damages to his automobile as the result of a vehicular accident. Yvonne Elizabeth °_ 8. Claimant: Yvonne Elizabeth Leeth Leeth Date Received: June 18, 1990 Date of Incident: May 11, 1990 Location of Incident: 1608 Clark Road/Fort Worth Animal Control Estimate of Damages/ Injuries: $45.00 Minutes of City Council P-3 Page 263 TUESDAY, JUNE 26, 1990 Yvonne Elizabeth Nature of Incident: Claimant alleges damages sustained as the Leeth claim cont. result of the death of her pet allegedly caused by unsanitary conditons at Animal Control Shelter. Larry V. and Marsh 9. Claimant: Larry V. and Marsh B. Tucker B. Tucker Date Received: June 1990 Date of Incident: May 1, 1990 Location of Incident: 7001 Meadowbrook Drive Estimate of Damages/ Injuries: $993.15 Nature of Incident: Claimants allege damages to their property as the result of the street flooded due to a heavy rain storm. Elizabeth Martinez 10. Claimant: Elizabeth Martinez Date Received: June 19, 1990 Date of Incident: May 9, 1990 Location of Incident: 10700 Beady Road Estimate of Damages/ Injuries: $205.91 Nature of Incident: Claimant alleges damages to her automobile as the result of street conditions. David Andrew Bras- 11. Claimant: David Andrew Braswell well Date Received: June 19, 1990 Date of Incident: January 26, 1990 Location of Incident: 28th Street and Trinity Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages to his automobile as the result of an accident involving a City -owned vehicle. Lee Ann Marshall 12. Claimant: Lee Ann Marshall Date Received: June 19, 1990 Date of Incident: January 26, 1990 Location of Incident: 1000 East Humbolt Street Estimate of Damages/ Injuries: $623.60 - $701.50 Nature of Incident: Claimant alleges damages to her automobile as the result of an accident involving a City -owned vehicle (fire truck). Josephine B. Lewis 13. Claimant: Josephine B. Lewis Date Received: June 19, 1990 Date of Incident: June 12, 1990 Location of Incident: Wheaton and Hulen Estimate of Damages/ Injuries: $29.99 Nature of Incident: Claimant alleges damages to her automobile as the result of tar getting on her car. Sarah Tauber 14. Claimant: Sarah Tauber Date Received: June 19, 1990 Date of Incident: May 19, 1990 Location of Incident: 2800 Hulen and 4600 West Freeway E/B Estimate of Damages/ Injuries: $100,000.00 Nature of Incident: Claimant alleges damages and injuries as the result of an acci,dent caused by malfunctioning traffic lights. C. Tim Marshall 15. Claimant: C. Tim Marshall Date Received: June 19, 1990 _ Date of Incident: May 16, 1990 Location of Incident: Intersection of 5000 Granbury Road and Southwest Loop 820 Estimate of Damages/ Injuries: $491.12 Nature of Incident: Claimant alleges damages to his automobile as the result of street conditions. Amerisure Compan- 16. Claimant: Amerisure Companies (Michael F. Fort) ies (Michael F. = Date Received: June 20, 1990 Fort) Date of Incident: January 13, 1990 Location of Incident: 4832 Courtside Estimate of Damages/ Injuries: $3,842.86 Nature of Incident: Claimant alleges subrogation rights for their insured's (Wayne E. Newton) property due to a sewer backup. Minutes of City Council P-3 Page 264 tephen Ray Smith CS -144 adopted &C OCS-145 re orrespondence from hilip D. Donohoe e Sammons Cable ompany; D. L. uffman re lost ibrary card 17. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: TUESDAY, JUNE 26, 1990 Stephen Ray Smith June 20, 1990 Undeclared 609 Grantland $440.51 - $799.70 Claimant alleges damages to his automobile as the result of a street cave in. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. OCS-145 from the Office of the City Secretary recommending that correspondence from Philip D. Donohoe advising City Council of alleged poor services provided to the city by Sammons Cable and correspondence from D.L. Huffman regarding an incident in the Fort Worth Public Library be referred to the Office of the City Manager. It was the consensus of the City Council that the recommendation be adopted. Mayor Bolen excused himself from the Council table and Mayor Pro tempore Gilley assumed the chair at this tim.e Council Member Chappell requested permission of the City Council to abstain from voting on Mayor and Council Communication No. BH -0019 involving the Fort Worth Independent School District. Council Member Garrison made a motion, seconded by Council Member Meadows, that Council Member Chappell be allowed to abstain from voting on Mayor and Council Communication No. BH -0019. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. enefit Hearing It appearing to the City Council that on June 19, 1990, the City Council continued H-0019 the benefit hearing for the assessment paving of Fitzhugh Avenue from Bishop Street to Campbell Street from day to day and from time to time and especially to the meeting of June 26, 1990, to give every interested citizen or person opportunity to be heard, Mayor Bolen asked if there was anyone present desiring to be heard. rs. Martha Lunday Mrs. Martha Lunday, representing the Transportation and Public Works Department, e BH -0019 appeared before the City Council and advised the City Council that the report of the City staff has been given and that the appraisal report of Mr. Robert Martin previously has been presented to the City Council; that the appraiser is present and available for questioning; and called attention of the City Council to Mayor and Council Communication No. BH -0019, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF FITZHUGH AVENUE FROM BISHOP STREET TO CAMPBELL STREET, (PROJECT NO. 90-136072-00) 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 abutting property is specially benefited by enhanced value in excess of the amount assessed for the improvement of Fitzhugh Avenue from Bishop Street to Campbell Street. DTSMISSTON: The Fort Worth Independent School District has made major improvements to the D. McRae Elementary School, and improvements to Fitzhugh Avenue abutting the school site are considered essential. Community Facilities Agreement No. 16429 has been executed by the Fort Worth ISD, owner of 50% of the adjacent property. Although Fitzhugh Street is in a target area, it is not part of the 1986 Capital Improvement Program, and no CDBG funds are available to finance the street construction. Fitzhugh Avenue has been previously constructed to City standards; therefore, property zoned and used for one- and two-family residences is not being assessed except for missing curb, gutter, driveway approaches, and sidewalks. On May 15, 1990 (M&C G-8597), the City Council established June 12, 1990, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. The project is located in Council District 5. PROPOSED IMPROVEMENTS: It is proposed to improve this segment of Fitzhugh Avenue by constructing 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 fifty-five foot right-of-way. Six-inch thick concrete driveway approaches and four -inch thick concrete sidewalks will be constructed where specified on the plans. Minutes of City Council P-3 Page 265 TUESDAY, JUNE 26, 1990 BH -0019 cont. 11 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 $24,878.44 (10%) for the property owners, $114,481.50 (45%) for Fort Worth ISD and $112,983.58 (45%) 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. Mr. Joe Ostrokol Mr. Joe Ostrokol, 3801 Triumph, representing Englewood Heights Methodist Church, re BH -0019 appeared before the City Council and expressed appreciation to the City of Fort Worth for its efforts on behalf of the Englewood Heights Methodist Church. There being no one else present desiring to be heard in connection with the benefit hearing for the assessment paving of Fitzhugh Avenue from Bishop Street to Campbell Street, Council Member McCray made a motion, seconded by Council Member Webber, that the hearing be closed and assessments levied as proposed, with the exception that Lot 3, Block 24, Englewood Heights Addition, be assessed $1,000.00; Lots 1, 2, 3, and 4, Block 31, Englewood Heights Addition, be assessed $6,568.00; and that Lot 10, Block 31, Englewood Heights Addition, be assessed $1,642.00 on his findings that the enhancements are less than indicated on these properties. When the motion was put to a vote by the Mayor Pro tempore, it prevailed by the following vote: AYES: Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Meadows, and Webber NOES: None ABSENT: Mayor Bolen NOT VOTING: Council Member Chappell Introduced an Council Member McCray introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Webber. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Meadows, and Webber NOES: None ABSENT: Mayor Bolen NOT VOTING: Council Member Chappell The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10618 10618 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF FITZHUGH AVENUE, FROM BISHOP STREET TO CAMPBELL STREET, AND PORTIONS OF UNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING TO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. Mrs. Martha Lunday Mrs. Martha Lunday, representing the Transportation and Public Works Department, re BH -0027 appeared before the City Council and advised the City Council that the report of the City staff has been given; that the appraisal report of Mr. Robert Martin has previously been presented to the City Council; that the appraiser is present and available for questioning; and called attention of the City Council to Mayor and Council Communication No. BH -0027, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF SIXTH AVENUE FROM SEMINARY DRIVE TO DREW STREET (PROJECT NO. 67-040243-00) Minutes of City Council P-3 Page 266 It appearing to the City Council that on June 19, 1990, the City Council continued Benefit Hearing the benefit hearing for the assessment paving of Sixth Avenue from Seminary Drive to BH -0027 Drew Street from day to day and from time to timend especially to the meeting of June 26, 1990, to give every interested citizen or person opportunity to be heard, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Lunday Mrs. Martha Lunday, representing the Transportation and Public Works Department, re BH -0027 appeared before the City Council and advised the City Council that the report of the City staff has been given; that the appraisal report of Mr. Robert Martin has previously been presented to the City Council; that the appraiser is present and available for questioning; and called attention of the City Council to Mayor and Council Communication No. BH -0027, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF SIXTH AVENUE FROM SEMINARY DRIVE TO DREW STREET (PROJECT NO. 67-040243-00) Minutes of City Council P-3 Page 266 ti6`� TUESDAY, JUNE 26, 1990 H-0027 cont. 11 RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abutting property is specially benefited by enhanced value in excess of the amount assessed for the improvement of Sixth Avenue from Seminary Drive to Drew Street. DISCUSSION: Sixth Avenue from Seminary Drive to Drew was added to the 1986 Capital Improvement Program by City Council and financed with Council District No. 9 undesignated funds. The existing street consists of HMAC pavement in poor condition with some curb and some gutter and has previously been constructed to City Standards. On May 22, 1990 (M&C G-8625), the City Council established June 19, 1990, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. The project is located in Council District 9. PROPOSED IMPROVEMENTS: It is proposed to improve this segment of Sixth Avenue by constructing 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 vary from thirty to thirty-nine 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: This street has previously been constructed to City standards; therefore, in accordance with the Assessment Paving Policy, properties zoned and used for one- and two-family residences are not being assessed, except for missing curb and driveway approaches which will be assessed at the prevailing residential rates. 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 $6,410.75 (2%) for the property owners and $307,338.57 (98%) 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. Council Member Chappell advised the City Council that a former Council Member Estil Vance previously had made a commitment to the Rosemont area that there would not be any assessments for single-family dwellings on Sixth and Butler Streets and requested that he be allowed to eliminate from the assessment paving the single family dwellings located on Sixth Avenue and West Butler Street in order to keep the commitment of former Council Member Vance. r. Robert Snoke Mr. Robert Snoke, 3826 Sixth Avenue, appeared before the City Council and e BH -0027 expressed support of the elimination of assessments against single-family dwellings on Sixth and Butler Streets. There being no one else present desiring to be heard in connection with the benefit hearing for the assessment paving of Sixth Avenue from Seminary Drive to Drew Street, Council Member Chappell made a motion, seconded by Council Member McCray, that the hearing be closed and assessments levied as recommended with the exception that assessments against Lots 15 and 16, Block 10; Lot 16, Block 1; Lot 21R, Block 1, all located in Walker's Subdivision; Tract 001, Abstract 1222, E.P. Paris Survey; Lot 1, Block F, South Fort Worth Addition; and Lots 6, 10, 11, and 12, Block 33, Shaw Heights Addition, all be set at -0- on his findings that the enhancements are less than indicated on these properties. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. ntroduced an Council Member Chappell introduced an ordinance and made a motion that it be r dinan ce adopted. The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Meadows, Webber, and Chappell NOES: None ABSENT: Mayor Bolen II Minutes of City Council P-3 Page 267 ti1�8 TUESDAY, JUNE 26, 1990 The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10619 10619 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF SIXTH AVENUE FROM SEMINARY DRIVE TO DREW STREET, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING TO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. It appearing to the City Council that on June 19, 1990, the City Council continued Benefit Hearing the benefit hearing for the assessment paving of West Butler Street from McCart Avenue BH -0028 to Livingston Avenue from day to day and from time to time and especially to the meeting of June 26, 1990, to give every interested citizen or person opportunity to be heard, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Lunday Mrs. Martha Lunday, representing the Transportation and Public Works Department, re BH -0028 appeared before the City Council and advised the City Council that the report of the City staff has been given; that the appraisal report of Mr. Robert Martin previously has been presented to the City Council; that the appraiser is present and available for questioning; and called attention of the City Council to Mayor and Council Communication No. BH -0028, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF W. BUTLER STREET FROM McCART AVENUE TO LIVINGSTON AVENUE (PROJECT NO. 67-040203-00) 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 abutting property is specially benefited by enhanced value in excess of the amount assessed for the improvement of W. Butler Street from McCart Avenue to Livingston. DISCUSSION: W. Butler Street was added to the 1986 Capital Improvement Program by City Council and financed with Council District No. 9 undesignated funds. The existing street consists of HMAC pavement in poor condition with some curb and some gutter but not previously been constructed to City Standards. Residential properties will be assessed at the prevailing residential rate. On May 22, 1990 (M&C G-8624), the City Council established June 19, 1990, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. The project is located in Council District 9. PROPOSED IMPROVEMENTS: It is proposed to improve this segment of W. Butler Street by constructing six-inch thick reinforced concrete pavement with seven-inch high attached concrete curb over a six-inch lime stabilized subgrade so that the finished roadway will be thirty-six feet wide on a sixty foot right-of-way. Six-inch thick concrete driveway approaches will be constructed where specified on the plans. ASSESSMENTS: This street has not previously been constructed to City standards; therefore, in accordance with the Assessment Paving Policy, properties zoned and used for one- and two-family residences are being assessed the prevailing residential rate. 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 $53,752.04 (17%) for the property owners and $259,941.91 (83%) 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. Minutes of City Council P-3 Page 268 "Ga r. Paul Powell re Mr. Paul Powell, 3630 Wayside, appeared before the City Council and expressed H-0028 appreciation to the City Council for acknowledging prior commitments made to the Rosemont area. There being no one else present desiring to be heard in connection with the benefit hearing for the assessment paving of West Butler Street from McCart Avenue to Livingston Avenue, Council Member Chappell made a motion, seconded by Council Member Zapata, that the hearing be closed and assessments levied as proposed, with the exception that assessments against Lot 1, Block 17; Lots 1 and 16, Block 18; Lot 1, Block 19; Lot 8, Block 12; Lots 8 and 9, Block 13; and Lot 8, Block 15, Homeland Addition be reduced to -0- on his findings that the enhancements are less than indicated on these properties. When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously. Council Member Granger requested that a work session be scheduled regarding the handling of assessment pavings. Introduced an Council Member Chappell introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Zapata. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Meadows, Webber, and Chappell NOES: None ABSENT: Mayor Bolen The ordinance, as adopted, is as follows: Ordinance No. 10620 ORDINANCE NO. 10620 AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF BUTLER STREET, FROM McCART AVENUE TO LIVINGSTON AVENUE, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING TO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Bolen assumed his place at the Council table at this time. M&C G-8665 re There was presented Mayor and Council Communication No. G-8665, dated June 12, water impact fees 1990, from the City Manager, as follows: SUBJECT: ADOPTION OF WATER AND WASTEWATER IMPACT FEES RECOMMENDATION: It is recommended that the City Council amend City Ordinance No. 10601, by adding Section III to Schedule 2, providing for water and wastewater impact fees effective January 1, 1991. DISCUSSION: On June 5, 1990, the City Council adopted City Ordinance No. 10601, providing for the assessment and collection of water and wastewater impact fees. The ordinance established a maximum impact fee assessment per service unit of $839 and $1,285 for water and wastewater facilities, respectively, as set forth in Schedule 1. City Council also established a collection schedule, Schedule 2, Parts I and II, which is the amount of the impact fee per service unit which would actually be collected. Part I of Schedule 2 identifies the charges in place from June 11, 1990 through September 30, 1990 and Part II references the fees to be charged per service unit from October 1, 1990 through December 30, 1990. Parts I and II established fees only for wastewater. Part III of Schedule II are the recommended fees per service unit to be effective January 1, 1991. for both water and wastewater. These schedules would also be applicable to collection of access fees from wholesale customers. Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that impact fees be levied and collected at a rate on Schedule 2, except in Paragraph II, Schedule 2, the wastewater impact fee effective October 1 shall continue through October 1, 1991, and, in Paragraph III, the impact fee for water shall be levied effective January 1, 1991, until October 1, 1991, at a rate of 20 percent of the 100 percent maximum. Minutes of City Council P-3 Page 269 MPJ TUESDAY, JUNE 26, 1990 Mr. Carl Wilson re Mr. Carl Wilson, Chairman of the Capital Improvements Plan Advisory Committee, M&C G-8665 11 appeared before the City Council and expressed support of a 100 percent impact fee rate. Council Member Zapata made a substitute motion to amend, seconded by Council Member Webber, that the water impact fee be collected at 30 percent now and with increments of 10-10-10-20-20 to reach 100 percent at the end of five years. Mr. Joe Bi 1 ardi re Mr. Joe Bi 1 ardi , Director of the Development Department, appeared before the City M&C G-8665 Council and advised the City Council that the City is experiencing the greatest growth in the northern area of the City. When the substitute motion to amend, that the water impact fees be collected at 30 percent now and with increments of 10-10-10-20-20 to reach 100 percent at the end of five years, was put to a vote by the Mayor, it prevailed by the following vote: AYES: Council Members Zapata, Garrison, Granger, McCray, Meadows, and Webber NOES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Granger and Chappell ABSENT: None (See subsequent reconsideration of Mayor and Council Communication No. G-8665 after Zoning Docket No. Z-90-045.) Council Member Chappell requested that he and Council Member Meadows be allowed to abstain from voting on Mayor and Council Communication No. G-8682 involving It is recommended that the City Council approve the herein described settlement of the referenced lawsuit and authorize the payment of $130,000.00, either as a lump sum or in split payments, in satisfaction of all claims against the City of Fort Worth and James G. Gurley. It is further recommended that the City Council authorize payment of all taxable costs of court in the lawsuit and authorize the appropriate City representatives to execute the settlement documents. DISCUSSION: This lawsuit arises out of a September 29, 1987, collision between a City Transportation and Public Works Department dump truck and a MITS van operated by McDonald Transit, Inc. The dump truck, which was driven by Mr. Gurley in the course and scope of his City employment, collided with the rear of the van operated by Victoria H. Riffle, a McDonald Transit, Inc., employee. Ms. Riffle alleges that she incurred bodily injury and associated damages as a result of the collision. Ms. Riffle's husband, John Riffle, is also a party to the suit, and Argonaut Insurance Company, the workers' compensation carrier for McDonald Transit, Inc., has intervened in the case in order to pursue its subrogation interest due to workers' compensation benefits paid to Ms. Riffle. The proposed settlement amount is $130,000.00, which will result in the resolution of all claims, including that by Argonaut Insurance Company, against both the City and Mr. Gurley. This settlement is proposed for the purpose of avoiding the uncertainties of litigation and will not involve any admission of liability by either the City or Mr. Gurley. FINANCING: Sufficient funds are available in the Commercial/City Self -Insurance Fund 71, Account No. 15-71-20, Lawsuit Payments/Settlements. The expenditure will be made from Index No. 399188. On motion of Council Member Zapata, seconded by Mayor Pro tempore Gilley, the recommendation, as contained in Mayor and Council Communication No. G-8682, was adopted, with seven affirmative votes and Council Members Chappell and Meadows not voting. M&C G-8683 re There was presented Mayor and Council Communication No. G-8683 from the City Pendley's Rent- Manager stating that Mayor and Council Communication No. G-8609, dated May 15, 1990, All and John Randall Pendley lawsuite styled by Don P. Barrett Minutes of City Council P-3 Page 270 representation by his law firm of one of the defendants. Council Member Zapata made a motion, seconded by Council Member Granger, that Council Members Chappell and Meadows be permitted to abstain from voting on Mayor and Council Communication No. G-8682. When the motion was put to a vote by the Mayor, it - prevailed unanimously. There was presented Mayor and Council Communication No. G-8682 from the City M&C G-8682 re Manager, as follows: settlement of lawsuite filed by SUBJECT: VICTORIA H. RIFFLE AND JOHN RIFFLE, HUSBAND AND WIFE VS. THE CITY Victoria H. Riffle OF FORT WORTH, TEXAS, AND JAMES G. GURLEY, CAUSE NO. 348-118679-89 and John Riffle RECOMMENDATION: It is recommended that the City Council approve the herein described settlement of the referenced lawsuit and authorize the payment of $130,000.00, either as a lump sum or in split payments, in satisfaction of all claims against the City of Fort Worth and James G. Gurley. It is further recommended that the City Council authorize payment of all taxable costs of court in the lawsuit and authorize the appropriate City representatives to execute the settlement documents. DISCUSSION: This lawsuit arises out of a September 29, 1987, collision between a City Transportation and Public Works Department dump truck and a MITS van operated by McDonald Transit, Inc. The dump truck, which was driven by Mr. Gurley in the course and scope of his City employment, collided with the rear of the van operated by Victoria H. Riffle, a McDonald Transit, Inc., employee. Ms. Riffle alleges that she incurred bodily injury and associated damages as a result of the collision. Ms. Riffle's husband, John Riffle, is also a party to the suit, and Argonaut Insurance Company, the workers' compensation carrier for McDonald Transit, Inc., has intervened in the case in order to pursue its subrogation interest due to workers' compensation benefits paid to Ms. Riffle. The proposed settlement amount is $130,000.00, which will result in the resolution of all claims, including that by Argonaut Insurance Company, against both the City and Mr. Gurley. This settlement is proposed for the purpose of avoiding the uncertainties of litigation and will not involve any admission of liability by either the City or Mr. Gurley. FINANCING: Sufficient funds are available in the Commercial/City Self -Insurance Fund 71, Account No. 15-71-20, Lawsuit Payments/Settlements. The expenditure will be made from Index No. 399188. On motion of Council Member Zapata, seconded by Mayor Pro tempore Gilley, the recommendation, as contained in Mayor and Council Communication No. G-8682, was adopted, with seven affirmative votes and Council Members Chappell and Meadows not voting. M&C G-8683 re There was presented Mayor and Council Communication No. G-8683 from the City Pendley's Rent- Manager stating that Mayor and Council Communication No. G-8609, dated May 15, 1990, All and John Randall Pendley lawsuite styled by Don P. Barrett Minutes of City Council P-3 Page 270 Z7 TUESDAY, JUNE 26, 1990 M&C G-8683 cont. approved the settlement of Don P. Barrett versus Pendley's Rent -All, Inc., and John Pendley, City of Fort Worth, et al, Cause No. 141-96485-86; that it has been requested the City provide a general release in favor of the above-named defendants in any and all claims the City may have arising out of the accident described in Mayor and Council Communication No. G-8609 as opposed to a release of claims for property damage only; that, in return, the City will receive a general release of claims from John Randall Pendley and Pendley's Rent -All, Inc., on all claims either or both of them may have arising out of such accident; that no additional funds are required; and recommending that the City Council authorize and approve the execution by the appropriate City representative of a general release in favor of Pendley's Rent -All, Inc., and John Randall Pendley, defendants in the referenced suit. It was the consensus of the City Council that the recommendation be adopted. M&C G-8664 re There was presented Mayor and Council Communication No. G-8684 from the City Project ReDirect Manager stating that Fort Worth Clean City and Southwestern Bell are co -sponsoring ory Project ReDirectory, a telephone book recycling project, on Friday, July 20, 1990, from 11:30 a.m. until 1:00 p.m; that, to ensure the safety of the participants and spectators, Fort Worth Clean City is requesting approval from City Council to temporarily close Main Street from 8th to 9th Streets and 9th Street from Houston to Commerce Street; that barricades and liability insurance will be provided by Fort Worth Clean City; and recommending that the City Council approve the temporary closure of Main Street from 8th to 9th Streets and 9th Street from Houston to Commerce Street from 9:30 a.m. until 3:00 p.m. on Friday, July 20, 1990. It was the consensus of the City Council that the recommendation be adopted. M&C G-8685 re There was presented Mayor and Council Communication No. G-8685 from the City anexati on of Manager, as follows: Eagle Mountain Water Treatment SUBJECT: ANNEXATION OF EAGLE MOUNTAIN WATER TREATMENT PLANT AND ADJACENT Plant LAND (65.119 ACRES) INTO THE CITY OF FORT WORTH RECOMMENDATION: It is recommended that the City Council approve the attached Annexation Timetable in order to annex the subject property in compliance with the requirements of Section 43.052 of the Local Government Code of the State of Texas. DISCUSSION: Camp Dresser & McKee Inc., acting on behalf of the owner/developer the City of Fort Worth and Lorin Boswell, Jr., has requested annexation of said land into the corporate limits of the City of Fort Worth. The subject property is within the exclusive extraterritorial jurisdiction (ETJ) of the City of Fort Worth. No common boundary adjustments will be required for annexation. The Development Review Committee recommended approval of the annexation on April 19, 1990. The City Plan Commission recommended approval of the proposal on April 25, 1990. On July 26, 1989, the City Plan Commission approved the preliminary plat (P-89-23) for Eagle Mountain Water Treatment Plant and on August 30, 1989, approved the concept plat (C-89-6) for Waterway Addition. LOCATION: The site is located on Boat Club Rd. (F.M.1220), South of W.J. Boaz Rd. (Co.Rd. 4115). If annexed, it would become a part of City Council District 7. It was the consensus of the City Council that the recommendation, as contained in Mayor M&C G-8685 adopt4 and Council Communication No. G-8685, be adopted. Council Member Meadows presented a description of property contiguous and adjacent to the City of Fort Worth and made a motion, seconded by Mayor Pro tempore Gilley, that the City Council set the first public hearing for July 12, 1990, and the second public hearing for July 24, 1990, in the City Council Chambers to consider annexation of the property described, as follows: BEING 65.119 acres of land situated in the Wm. E. Conwell Survey, Abstract 342, Tarrant County, Texas, and being a part of that certain called 59.498 acres of land conveyed to Lorin Albert Boswell, Jr., recorded in Volume 6868, Page 2233, and being a conveyed to the City of Fort Worth and also being a part of that Texas Electric Service Company tract as described in Volume 2643, Page 496, all of the above referenced deeds being recorded in the Deed Records of Tarrant County, Texas, said 65.119 acres of land to be more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod found for the Northeast corner of the above referenced called 59.498 acre tract and the Northeast corner of the above referenced 30.000 acre tract and being in the West right-of-way line of County Road 4123; Minutes of City Council P-3 Page 271 Q �iN TUESDAY, JUNE 26, 1990 M&C G-8685 cont. THENCE South 00 degrees 45 minutes 04 seconds West, a distance of Participation Section. Expenditures related to the election costs will be 1082.61 feet with the East boundary line of said called 59.498 acre tract and and Council Communication No. G-8686, be adopted. the East boundary line of said 30.000 acre tract and the West right-of-way sustained on August 29, 1989, at 3100 Donalee as a result of being struck by a City line of County Road 4123 to a 1" iron rod found for the Southeast corner of settlement of $6,900.00 subject to City Council approval; stating that funds are said called 59.498 acre tract and the Southeast corner of said 30.000 acre Lewis, and authorize the City Manager to expend the sum of $6,900.00 for settlement tract; THENCE North 89 degrees 10 minutes 27 seconds West, at a distance of 1,148.48 feet passing a 1/2" iron rod for the most Southerly Southwest corner of said 30.000 acre tract and at a distance of 2,388.84 feet passing the Southwest corner of said called 59.498 line of the above referenced Texas Electric Service Company tract and continuing a total distance of 2,613.84 feet to a point for corner in the West line of said Texas Electric Service Company tract and being in the East right-of-way line of Boat Club Road (FM 1220); THENCE North of 00 degrees 50 minutes 14 seconds East, a distance of 1,088.51 feet with the West line of said Texas Electric Service Company tract and the East right-of-way line of Boat Club Road (FM 1220) to a point for corner; THENCE South 89 degrees 02 minutes 41 seconds East, at a distance of 225.00 feet passing a 3/4" iron rod found in the East line of said Texas Electric Service Company tract and being the Northwest corner of said called 59.498 acre tract and the Northwest corner of said 30.000 acre tract and continuing a total distance of 2,591.04 feet with the North line of said called 59.498 acre tract and North line of said 30.000 acre tract back to the place of beginning and containing 65.119 acres of land or 2,836,580.39 square feet. M&C G-8686 re There was presented Mayor and Council Communication No. G-8686 from the City payment of Manager, as follows: Tarrant County Crime Control Dis- SUBJECT: AUTHORIZE PAYMENT TO TARRANT COUNTY FOR CITY'S SHARE OF CRIME tri ct Election CONTROL DISTRICT ELECTION COSTS Costs RECOMMENDATION: It is recommended that the City Council authorize payment of $19,134.40 to Tarrant County for expenditures related to the May 5, 1990 election called by the Tarrant County Crime Control and Prevention District Board. DISCUSSION: The Tarrant County Crime Control and Prevention District was created by legislation passed in the 1989 Regular Session of the Texas Legislature. A temporary board of directors was established by this legislation. The enabling legislation stipulated that any expenses incurred in the creation of the district shall be allocated along the following percentages: Tarrant County shall pay 40 percent; the City of Arlington shall pay 20 percent; and the City of Fort Worth shall pay 40 percent. On December 19, 1989, M&C C-12064 was approved by the City Council appropriating $40,000.00 to provide funds for Fort Worth's share of the anticipated expenses of the Crime District. The estimated expenses by the district at that time was $100,000.00. This amount did not include the costs of election administration for the election held on May 5, 1990. On May 30, 1990, the City of Fort Worth was notified by Robert Parten, County Elections Administrator, that the total cost of the Crime District election was $47,835.96. The City of Fort Worth's share (40%) of the election costs is $19,134.40. This payment will close out all expenses related to the Crime Control District. FINANCING: Minutes of City Council P-3 Page 272 Sufficient funds will be available in the General Fund 01, Non -Departmental - Intergovernmental Participation, Account No. 90-45-01, Crime Control District Participation Section. Expenditures related to the election costs will be made from the appropriate index codes. M&C G-8586 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. G-8686, be adopted. M&C G-8687 re There was presented Mayor and Council Communication No. G-8687 from the City settlement of Manager stating that Adrian Lewis filed a claim for personal injuries allegedly claim filed by sustained on August 29, 1989, at 3100 Donalee as a result of being struck by a City Adrain Lewis vehicle; that, while admitting no liability in this matter, the Risk Management Department has negotiated with Ms. Lewis through her attorney and has agreed to a settlement of $6,900.00 subject to City Council approval; stating that funds are available in Insurance Fund 71, Account No. 15-71-10, Index Code 399154; and recommending that the City Council approve the settlement of claim filed by Adrian Lewis, and authorize the City Manager to expend the sum of $6,900.00 for settlement Minutes of City Council P-3 Page 272 TUESDAY, JUNE 26, 1990 M&C G-8687 cont.11of agreed to by Ms. Lewis, her attorney, and the City of Fort Worth. It was the consensus. and adopted the City Council that the recommendation be adopted. M&C G-8688 re There was presented Mayor and Council Communication No. G-8688 from the City settlement of Manager stating that Christy Lewis filed a claim for personal injuries allegedly claim filed by sustained on August 29, 1989, at 3100 Donalee as a result of being struck by a City Christy Lewis vehicle; that, while admitting no liability in this matter, the Risk Management Department has negotiated with Ms. Lewis through her attorney and has agreed to a settlement of $6,900.00 subject to City Council approval; stating that funds are available in Insurance Fund 71, Account No. 15-71-10, Index Code 399154; and recommending that the City Council approve the settlement of claim filed by Christy Lewis, and authorize the City Manager to expend the sum of $6,900.00 for the settlement agreed to by Ms. Lewis, her attorney, and the City of Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C G-8689 re There was presented Mayor and Council Communication No. G-8689 from the City settlement of Manager stating that Larry Lassiter filed a claim for personal injuries allegedly claim filed by sustained on January 6, 1990, at 2000 Francis Avenue as a result of a collision with a Larry Lassiter City Solid Waste vehicle; that, while admitting no liability in this matter, the Risk Management Department has negotiated with Mr. Lassiter through his attorney and has agreed to a settlement of $14,000.00 subject to City Council approval; stating that funds are available in Insurance Fund 71, Account No. 15-71-10, Index Code 399154; and recommending that the City Council approve settlement of claim filed by Larry Lassiter, and authorize the City Manager to expend the sum of $14,000.00 for the settlement agreed to by Mr. Lassiter, his attorney, and the City of Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C G-8690 re There was presented Mayor and Council Communication No. G-8690 from the City settlement of Manager stating that Kimberly Bayless filed a claim for personal injuries she allegedly claim filed by sustained on August 29, 1989, at 3100 Donalee as a result of being struck by a City Kimberly Bayless vehicle; that, while admitting no liability in this matter, the Risk Management Department has negotiated with Ms. Bayless through her attorney and has agreed to a settlement of $5,900.00, subject to City Council approval; stating that funds are available in Insurance Fund 71, Account No. 15-71-10, Index Code 399154; and recommending that the City Council approve the settlement of the claim filed by Kimberly Bayless and authorize the City Manager to expend the sum of $5,900.00 for the settlement agreed to by Ms. Bayless, her attorney, and the City of Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C G=8691 re There was presented Mayor and Council Communication No. G-8691 from the City legal services to Manager stating that the 1968 contract and agreement between the Cities of Dallas and DFW Intl Airport Fort Worth provides that the City Attorneys of the two cities shall serve as legal counsel to DFW International Airport and to the Airport Board; that the Airport has agreed to fully reimburse the City of Fort Worth for the salary and fringe benefits to the attorney; that such salary and fringe benefits will amount to $11,928.93 from July 9, 1990, to September 30, 1990; stating that funds are available in General Fund 01, Account No. 12-10-00, Index Code 207654; and recommending that the City Council adopt a supplemental appropriations ordinance increasing estimated receipts in General Fund 01 by $11,928.93, and increasing appropriations in General Fund 01, Department of Law, Account No. 12-10-00, by $11,928.93 to fund legal services to DFW International Airport for the balance of the 1989-1990 fiscal year. It was the consensus of the City Council that the recommendation be adopted. Introduced an Council Member Meadows introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Meadows, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10621 10621 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE GENERAL FUND 01, OF THE CITY OF FORT WORTH FOR THE FISCAL YEAR 1989-90 BY THE SUM OF $11,928.93 AND APPROPRIATING SAID $11,928.93 TO THE GENERAL FUND 01, DEPARTMENT OF LAW, ACCOUNT NO. 12-10-00 FOR THE PURPOSE OF FUNDING LEGAL SERVICES TO DFW INTERNATIONAL AIRPORT FOR THE BALANCE OF THE 1989-90 FISCAL YEAR; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Minutes of City Council P-3 Page 273 Ordinance No. 10621 cont. M&C G-8693 re refund of tax overpayments M&C G-8694 re front foot charges for water and sanitary sewer TUESDAY, JUNE 26, 1990 SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. Council Member Chappell made a motion, seconded by Mayor Pro tempore Gilley, that Mayor and Council Communication No. G-8692 be considered after Mayor and Council Communication No. 12378. When the motion was put to a vote by the Mayor, it prevailed unanimously. There was presented Mayor and Council Communication No. G-8693 from the City Manager, as follows: SUBJECT: REFUND OF TAX OVERPAYMENTS RECOMMENDATION: It is recommended that the accounts totaling $7,917.98 for refund listed below be approved in accordance with Section 31.11 of the Texas Property Tax Code. DTSMISSTON! The Texas Property Tax Code requires that a taxpayer must request a refund for tax overpayment within three years of that payment. An overpayment or erroneous payment is a payment in excess of the amount of liability shown on the tax roll and results usually from a double payment (commonly by a mortgage company and the owner). Section 31.11 of the Property Tax Code further requires approval by the governing body before refunding overpayments or erroneous payments in instances where the refund exceeds $500.00. The Revenue Collection Division of the Finance Department has verified that the following erroneous payment or overpayments were made and recommends refund. ACCOUNT NO. LEGAL DESCRIPTION NAME AMOUNT 0064-39-71 Lot 8 Blk 2 H U D $ 504.47 1988 Taxes Countryside E Add (City Only) Taxes paid twice 0110-15-36 Lot 29 Blk 12 H U D 767.28 1988 Taxes Greenbriar Add (City & School) Taxes paid twice 0299-04-66 Lot 15 Blk 11 G P Demtros 582.09 1989 Taxes Summerfield #1 (City Only) Taxes paid twice 0314-04-15 Lot 21 Blk 16 Murray Mtg. Co. 743.69 Timber Creek Add #II (School Only) Paid wrong account 0355-08-77 Lot 14 Blk 32 Lomas Mortgage USA 933.57 Wilshire (City & School) Taxes paid twice 0470-55-72 Lot 16-30 Blk Robert David Laney 3,170.51 Taylor & McBrayer Sub (City & School) Taxes paid twice 0821-77-34 Personal Property Clemons Tractor 1,216.37 (School Only) Taxes paid twice Total 7 917.98 FINANCING: Sufficient funds are available in General Fund 01, Account No. 13-40-20, Revenue Collection. Refunds will be made from Index Code 011106. On motion of Mayor Pro tempore Gilley, seconded by Council Member Chappell, the recommendation, as contained in Mayor and Council Communication No. G-8693, was adopted. There was presented Mayor and Council Communication No. G-8694 from the City Manager, as follows: SUBJECT: PROPOSED CHANGES IN FRONT FOOT CHARGES FOR WATER AND SANITARY SEWER CONNECTIONS Minutes of City Council P-3 Page 274 TUESDAY, JUNE 26, 1990 M&C G-8694 cont. RECOMMENDATION: It is recommended that: 2�J r 1. The attached ordinance be adopted, to be effective July 1, 1990, amending Section 35-58 of Chapter 35 of the Fort Worth City Code increasing front foot charges for water service connections from $10.25 per front foot to $10.40 per front foot and increasing front foot charges for sanitary sewer service connections from $8.75 per front foot to $9.75 per front foot; and 2. The Water and Sanitary Sewer Installation Policy be amended to incorporate these front foot charges and increase the charge per foot of extensions constructed by City forces from $20.50 per foot to $20.80 per foot for water facilities and to increase the charge for sanitary sewer facilities from $17.50 per foot to $19.50 per foot, such charges to become effective July 1, 1990, and to be incorporated into all developer projects on which bids have not been received by that date. DISCUSSION: The proposed extension charges are the average contract cost per linear foot of six and eight inch off-site and on-site water and sanitary sewer facilities completed from June 1, 1989, through May 31, 1990. Proposed front foot charges are one-half of the proposed extension charges. These proposed charges have been compared with the current extension and front foot charges as follows: COMPUTATION OF PROPOSED CHARGES CURRENT PROPOSED EXTENSION EXTENSION PROPOSED CHARGE CHARGE CURRENT FRONT FRONT FOOT FACILITY PER FOOT PER FOOT FOOT CHARGE CHARGE Water $20.50 $20.80 $10.25 $10.40 Sanitary Sewer $17.50 $19.50 $ 8.75 $ 9.75 Where extensions are made for developers or single customers, the charge per foot of water and/or sewer extensions has been set as stated above under the "proposed extension charge." Where connections are made to existing mains, the front foot charge is calculated as one-half of the extension charge. On this basis, the Community Facilities Policy should be amended to provide water and sewer extension charges for facilities constructed. The City's participation, approximately 20 percent, is in the added costs for pipe sizes larger than that required to serve a development. These added costs are not included in the above computation. Similar recomputations and revisions of front foot and extension charges will be made each six months, with the next charges to be based on completed contract costs for the period of December 1, 1989, through November 30, 1990. The next revision will take effect January 1, 1991. It is necessary to provide for an orderly transition from the old front foot charges and the old extension charges to be effective July 1, 1990. The above recommendations have been prepared to meet that requirement. On motion of Mayor Pro tempore Gilley, seconded by Council Member Chappell, the recommendations, as contained in Mayor and Council Communication No. G-8694, were adopted. Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Meadows, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10622 10622 AN ORDINANCE AMENDING SECTION 35-58, OF CHAPTER 35 OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY REVISING CERTAIN WATER CHARGES; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCE; REPEALING ALL ORDINANCES AND PROVISIONS OF THE CODE OF THE CITY OF FORT WORTH IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Minutes of City Council P-3 Page 275 "0"{ (-. IGr i TUESDAY, JUNE 26, 1990 M&C G-8695 re There was presented Mayor and Council Communication No. G-8695 from the City City of Fort Manager, as follows: Worth Flexible Benefit Plan SUBJECT: CITY OF FORT WORTH FLEXIBLE BENEFIT PLAN RECOMMENDATION: It is recommended the City Council approve the attached "City of Fort Worth Flexible Benefit Plan" and authorize the City Manager to sign the document. RArvapniiNn- Reference is made to Informal Report No. 7419 to City Council Members, subject: "Flex Premium Plan for Employees," dated October 3, 1989 and to M&C G-8264, subject: Flex Premium Plan for Employees Premium Conversion Program, dated October 10, 1989. On October 10, 1989, the City Council approved the implementation of a premium conversion program for eligible City employees as provided for under Section 125 of the Internal Revenue Code of the United States. Due to concerns raised during the discussion relating to the payment of funds from the Retirement Fund for retirees' health insurance and the qualification of the Retirement Fund with IRS, considerable work has been done by the City's legal staff and its outside counsel, Mr. Gary B. Lawson, to develop a plan document that fully meets the requirements of Section 125 of the Internal Revenue Code prior to implementing a program which converts the employee's payment for health care from an after-tax dollar basis to the more favorable pre-tax basis using a flexible benefit plan. Employees will be given the opportunity to make their election to participate or not to participate during July, with the implementation of the program effective August 3, 1990. It is anticipated all affected employees who have dependent coverage will want to participate in the premium conversion plan. Under the flexible benefit plan, group medical insurance payroll deductions for dependent coverage which are being deducted on an after-tax basis will be deducted on a before -tax basis. This provision provides three significant monetary benefits for affected employees: 1) overall value of their benefits package improves; 2) taxable income is reduced; and 3) spendable income (take-home pay) increases. There are other provisions under Section 125 of the Internal Revenue Code which would currently permit a flexible benefit plan to also provide for the establishment of separate flexible benefits accounts 1) to cover out-of-pocket medical, visual, and dental care expenses, and 2) cover dependent care expenses. Due to the complexity of these programs and the need for a comprehensive educational program including one-on-one financial counseling with each City employee, a recommendation on implementing these other flexible benefits accounts will be brought back to the City Council at a future time; the projected implementation date would be January, 1991. The plan document would have to be slightly amended to include these additional benefits. Mr. Charlie Mr. Charlie Shapard, Director of the Personnel Department, appeared before the City Council and explained the flexible benefit plan which will allow for effected Shapard re M&C G-8695 employees who have dependent coverage to be deducted on an after-tax basis which will result in a savings to the employee. Council Member Chappell made a motion, seconded by Council Member Granger, that the recommendation, as contained in Mayor and Council Communication No. G-8695, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-8696 There was presented Mayor and Council Communication No. G-8696 from the City re tax abatement Manager, as follows: policy for inner SUBJECT: AMENDED TAX ABATEMENT POLICY FOR INNER CITY AREAS city areas RECOMMENDATION: It is recommended that the City Council adopt the attached resolution for the purpose of taking the following action: Amend the tax abatement policy for commercial/industrial projects to add the following criteria and guidelines: A. The minimum eligibility requirement for tax abatement consideration is $1 million if a project locates within a census tract which hasat least two of the following four criteria: 1. High unemployment (1+1/2 times the state rate). 2. 20% or more poverty. Minutes of City Council P-3 Page 276 "0a # IM&C G-8696 cont. II 3. Low Income (70% or more of the households have income at or below 80% of the city's median income). 4. Population loss equal to or greater than 20%. B. If a street forms the border of a qualifying area meeting two of the four criteria listed above, a project located on either side of the border street would be eligible for consideration. C. Abatement of a portion of the taxes would be considered for eligible projects. The percentage of the abatement would be tied to the amount of investment and the number of new jobs. The greater the investment and the number of jobs, the greater the percentage of abatement. RArvnP IIINn It is proposed that the tax abatement policy be amended to encourage development in blighted areas of the city which have had little or no new investment. To identify areas needing revitalization, the criteria of unemployment, poverty, low income and population loss were identified. Areas which currently meet at least two of the four criteria include the near south, southeast, northside, CBD, Como and Stop 6. The criteria are based on the residents of an area. Except for the unemployment data, the criteria are based on census data. The 1990 census data are currently being collected, but not expected to be officially reported until 1991. The Tax Abatement Policy is used to evaluate potential tax abatement projects. Only the City Council can approve a tax abatement agreement. A revision to the tax abatement policy requires approval by at least three-fourths of the Council. Council Member Webber made a motion, seconded by Council Member McCray, that the recommendations, as contained in Mayor and Council Communication No. G-8696, be approved, as amended, by decreasing the minimum eligibility requirement for tax abatement consideration to $500,000.00 if a project locates within a census track which has at least two of the following for criteria: 1. High unemployment (1+1/2 times the state rate). 2. 20 percent or more poverty. 3. Low Income (70 percent or more of the households have income at or below 80 percent of the City's median income). 4. Population loss equal to or greater than 20 percent. That a statement be added that the City Council reserves the right to consider any project of less than $500,000.00 in increase value provided that the project meets the criterias outlined above and is deemed to be in best interest of the identified area in particular and the City in general. M&C G-8696 adopted When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member Webber introduced a resolution and made a motion that it be adopted. Resolution The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Meadows, Webber, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1543 1543 WHEREAS, the City of Fort Worth has elected to become eligible to participate in tax abatement under Chapter 312 of the Texas Tax Code and has established guidelines and criteria for tax abatement to qualified commercial/industrial projects (the "Policy Statement"), which Policy Statement was adopted on August 1, 1989 and amended on June 5, 1990; WHEREAS, the current policy requires a minimum investment of $25 million; WHEREAS, in inner-city areas which have poverty, unemployment, low income and population loss, there has been little or no new investment; Minutes of City Council P-3 Page 277 � rw� TUESDAY, JUNE 26, 1990 esolution No. WHEREAS, in order to enhance the tax base and the local economy, the 543 cont. Policy Statement should be amended to encourage new commercial/industrial projects to locate in inner-city areas or existing commercial/industrial projects to expand or modernize their facilities in these areas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: THAT the City of Fort Worth hereby amends -and restates the Policy Statement for Tax Abatement to Qualified Commercial/Industrial Projects in its entirety as set forth in Exhibit "A"-, which Exhibit "A" is incorporated herein as if copied in its entirety, and is approved. THAT the Policy Statement, as amended and restated herein, shall govern all subsequent tax abatement agreements for commercial/industrial projects. THAT this resolution shall take effect from and after its final date of adoption, and it is accordingly so ordered. &C G-8697 re There was presented Mayor and Council Communication No. G-8697 from the City nnual Canned Food Manager, as follows: rive SUBJECT: TEMPORARY STREET CLOSURE REQUEST FOR THE FOOD BANK "KICK OFF" RECOMMENDATION: It is recommended that City Council approve the request of The Food Bank to temporarily close 2nd Street between Main and Commerce Streets from 10:00 a.m. until 2:00 p.m. on Friday, November 16, 1990. BACKGROUND: On November 16, 1990 The Food Bank will sponsor the "Kick Off" event for its annual Canned Food Drive. There will be Kick The Can races, a live band and remarks by Mayor Bolen. To ensure the safety of the participants and spectators The Food Bank is requesting approval to temporarily close 2nd Street from Main to Commerce Streets from 10:00 a.m. until 2:00 p.m. on Friday, November 16, 1990. The businesses in the area have been notified and the barricades and certificate of liability insurance will be provided by The Food Bank. Transportation/Public Works has reviewed this request and concur with this street closure. &C G-8697 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. G-8697, be adopted. &C G-8698 re There was presented Mayor and Council Communication No. G-8698 from the City stabl i shment of Manager, as follows: ort Worth Improve is tric t No. 3 SUBJECT: ESTABLISHMENT OF FORT WORTH IMPROVEMENT DISTRICT NO. 3 RECOMMENDATION: It is recommended that the City Council consider and determine whether to adopt the attached resolution which takes the following action: a. Establishes a public improvement district under the Public Improvement District Assessment Act (the "Act"), (V.T.C.A., Local Government Code, Section 372.001, et. seq.) for a period of four years, to be known as the Fort Worth Improvement District No. 3; b. Authorizes the City to exercise the powers granted by the Act in connection with the establishment of a public improvement district; c. Makes findings concerning the nature and advisability of the improvements and/or services to be provided by the district, the estimated costs, the boundaries of the district, the method of assessment, and the apportionment of costs between the district and the city as a whole. d. Provides that the private sector parties who are selected to administer the district will provide evidence at each benefit hearing on which City Council can base its decision to levy assessments. e. Directs the City Secretary to publish notice of creation of the district as required by the Act. Minutes of City Council P-3 Page 278 &C G-8698 cont. C G-8698 adopted Introduced a Resolution ^r.TvC}F.u7 i toff esolution No. 544 1 j TUESDAY, JUNE 26, 1990 DISCUSSION: ,279 At the close of the public hearing on April 17, 1990 the City Council directed that a resolution be placed on the Council agenda for action regarding the establishment of the proposed improvement district. State law provides that any time within six months after the final adjournment of the public hearing, the City Council may make findings by resolution as to whether an improvement district should be established, the nature, cost and advisability of the proposed district, the method of assessment and the apportionment of costs between the proposed district and the city as a whole. If the Council authorizes establishment of the district, such authorization takes effect when notice has been published once in a newspaper of general circulation. After the district has been established, the City Council will set a public hearing for a subsequent Council meeting date to consider the proposed Plan of Services and Budget. Following that public hearing, the approved Plan of Services and Budget will be used for the preliminary assessment rolls. The petition calls for the district to be administered through a contract with a private sector manager/operator. On motion of Council Member Garrison, seconded by Council Member Zapata, the recommendation, as contained in Mayor and Council Communication No. G-8698, was adopted. -. Council Member Garrison introduced a resolution and made a motion that it be adopted. The motion was seconded by Council Member Zapata. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: NOES: 1 ABSENT: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Meadows, Webber, and Chappell $ "$ None The resolution, as adopted, is as follows: RESOLUTION NO. 1544 WHEREAS, on December 29, 1989, a petition for creation of the Fort Worth Improvement District No. 3 was filed with the City Secretary of the City of Fort Worth and subsequently presented the City Council of the City of Fort Worth; and WHEREAS, on January 9, 1990, the City Council found and determined that such petition included sufficient signatures and met other requirements of Sections 372.002 and 372.005 of the Public Improvement District Assessment Act (V.T.C.A., Local Government Code, Section 372.001, et seq.) (the. "Act"); and WHEREAS, the City Secretary of the City of Fort Worth gave written notice and notice by publication that a public hearing would be held by the City Council on April 17, 1990, at 10:00 a.m., in accordance with Section 372.009 of the Act; and WHEREAS, the City Council held such public hearing on April 17, 1990, and directed that a resolution be placed on the agenda and closed such hearing; and WHEREAS, this Resolution authorizes establishment of the district and the exercise of the powers granted by the Act, makes findings concerning improvements and/or services to be provided by the district and authorizes the City Secretary to publish notice of establishment of the district; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 1. The City Council, after duly considering the evidence and testimony presented at the public hearing held on April 17, 1990, hereby makes the following findings: (a) It is advisable to establish a public improvement district under the Public Improvement District Assessment Act (V.T.C.A., Local Government Code, Section 372.001, et seq.), which district shall be known as the Fort Worth Improvement District No. 3. ' (b) It is advisable to authorize the City of Fort Worth to exercise the powers granted -by the Public Improvement District Assessment Act in connection with the establishment of a public improvement district including utilizing the district to reimburse costs related to establishing the district and to undertake improvement projects and/or services that confer a special benefit on property in the district and the levying and collecting of special assessments property in the district, based on the benefit conferred by the Minutes of City Council P-3 Page 279 TUESDAY, JUNE 26, 1990 Resolution No. improvement projects and/or services, to pay the costs of such projects 1544 cont. and/or services. •II ( c ) It is advisable for special supplemental services to be undertaken and provided by the district. (d) The general nature of the special supplemental services to be provided by the district shall include: ( 1 ) A technical improvements plan to provide technical assistance and consulting services for the engineering, design, development of neighborhood improvements including landscaping, streetscaping, fountains, lighting, signage, streets and access, sidewalks, pedestrian malls, off-street parking facilities, drainage improvements, parks and other similar projects permitted by State Law. (2) A land use plan to determine the infrastructure improvements necessary to support the land use plan. (3) An infrastructure plan to determine the infrastructure improvements necessary to support the land use plan. (4) A cost estimate and financial plan to implement the land use plan and infrastructure plan, including a feasibility and economic benefit analysis and report concerning the creation of a tax reinvestment zone and the use of tax increment financing. (5) A coordination plan setting forth the manner in which the District will coordinate with property owners, the City, and with the State Department of Highways and Public Transportation. (6) A marketing and advertising program to: (i) develop a marketing and advertising brochure describing plans for development of the District and promoting business relocation and investment; (ii) distribute the marketing and advertising brochure to, among others, firms specializing in business relocation services, businesses considering relocation, the economic development staff of the City, the Fort Worth Chamber of Commerce, Downtown Fort Worth, Inc., and the real estate brokers, developers and investors; (iii) make initial and follow-up contacts in pursuit of business relocations and other development of, and investment in, the District; and, (iv) generate positive publicity for the District. (7) A management program to provide for the establishment, administration, management, and operation of the District. The special supplemental services will be a supplement to the standard existing level of city improvements and/or services and will constitute an added increment to the improvements and/or services normally provided to the taxpayers generally. The City will continue to furnish or pay for standard improvements and/or services in the district at the same level as they would be provided to the taxpayers generally. The City will be paid an annual administrative fee equal to 1% of the assessments to reimburse the City for its expenses incurred in administration and operation of the district. (e) Exclusive of the expense of establishing the district, the estimated costs of the special supplemental services for the district during the first year of operation are $95,969 for planning, marketing and management. The cost of constructing additional improvements and/or providing additional supplemental services in subsequent years will be determined in the service plan to be adopted and amended time to time by the City Council. i (f) The improvement district consists generally of property along Lancaster and along Vickery between Henderson and I -35W as more particularly described in the Boundary Description and the Boundary Map attached hereto as Exhibit A and incorporated herein by reference. (g) The method of assessment is: (1) A service plan will be approved and adopted by the City Council for a period of not less•than five years. The plan would Minutes of City Council P-3 Page 280 "QJ JL TUESDAY, JUNE 26, 1990 Resolution No. be reviewed and updated annually by the City Council to determine 1544 cont. the annual budget for improvements and/or services within the district. (2) The cost of special supplemental services will be assessed against real property within the District according to the value of the property, including improvements, as determined annually by the City Council, provided that (i) During the initial four-year term of the District, annual assessments against property in the District, including improvements, shall not exceed an amount equal to $0.43 per $100 of the value of such property and improvements as determined by the City Council. (ii) Property, including improvements, within existing or proposed transportation rights-of-way (e.g., for public streets, highways, and railroads) are deemed to receive no special benefit from, and will not be assessed for, the special supplemental services. (iii) Property, including improvements, that will be taken or condemned because of their proximity to proposed transportation rights-of-way are deemed to receive no special benefit from and will not be assessed for, the special supplemental services. (iv), Ground lease interests, including improvements, where the unexpired term of the lease is less than 15 years are deemed to receive no special benefit from, and will not be assessed for, the special supplemental services. (3) The City Council of the City of Fort Worth will be authorized to establish by ordinance reasonable classifications and formulas for the apportionment of costs between the City and the property to be assessed and to establish the methods for assessing special benefits for various classes of improvements and/or services. (h) The apportionment of costs between the improvement district and the city as a whole shall be: (1) All of the cost of an improvement and/or service shall be paid by special assessments against real property and structures or other improvements thereon in the district. (2) The City as a whole will continue to provide standard improvements and services to the district at the same level as they are provided to the taxpayers generally. (i) The probable maximum benefits to be conferred on each tract in the district because of the special supplemental services will be greater than the amount of the assessment against such tract and the owners thereof. The private sector parties who are selected to administer the district will provide evidence at each benefit hearing on which the City Council can base its decision to levy assessments. (j) The area to be assessed may not include any property within the area described in paragraph (f) unless an additional hearing is held to include the property and notice for the hearing is given in the same manner as notice under Section 372.009 of the Public Improvement District Assessment'Act. (k) The district will exist for four years immediately following publication of notice of establishment of the district unless property owners in the district petition the City Council for left out re-establishment of the district, or unless the district is sooner terminated as provided by law. 2. The Fort Worth Improvement District No. 3 is authorized to be and is hereby established as a public improvement district under the Public Improvement District Assessment Act, in accordance with the above findings as to the advisability of the special supplemental services. The district shall be subject to all of the terms, conditions, limitations and reservations contained in such findings. 3. The City Secretary is hereby directed to give notice of authorization for establishment of the district by publishing a copy of this Resolution once in a newspaper of general circulation in the City of Fort Worth. Such authorization shall take effect and the district shall be deemed to be established effective upon the publication of such notice. Minutes of City Council P-3 Page 281 ti8`0 -TUESDAY, JUNE 26, 1990 Resolution No. 4. Actual implementation of services by the district may not begin 1544 cont. until after the 20th day following the date the authorization for the district takes effect. 5. The district shall be a complete alternative to other methods by which the City of Fort Worth may finance public improvements and/or special supplemental services by assessing property owners. M&C P114330 re There was presented Mayor and Council Communication No. P-4330, dated June 19, purchase of video 1990, from the City Manager submitting a tabulation of bids received for the purchase production equip- of video production equipment for the Cable Communication Office; stating that funds ment are available in Special Trust Fund 72, Project No. 500100-00, Index Code 672402; and ' recommending that the purchase be made on a low -bid -item basis, meeting specifications, from MPCS Video Industries and Fairview AFX for a total amount not to exceed $61,491.64 net, f.o.b. destination. On motion of Mayor Pro tempore Gilley, seconded by Council Member Chappell, the recommendation was adopted. M&C P-4333 re There was presented Mayor and Council Communication No. P-4333 from the City purchase agreement Manager submitting a tabulation of bids received for a one-year purchase agreement, with Ladd Uniform with option to renew for one additional year, to provide uniforms for the City Services Department; stating that funds are available in General Fund 01, Account No. 21-40-02, Index Code 225136; and recommending that the City Council authorize: 1. A one-year purchase agreement, with option to renew for one additional year, to provide uniforms for the City Services Department with Ladd 2. This agreement to be exclusively for the City Services Department; and 3. This agreement to become effective date of authorization and end one year later, or when option to renew is exercised. M&C P-4333 adopted It was the consensus of the City Council that the recommendations be adopted. M&C P-4334 re There was presented Mayor and Council Communication No. P-4334 from the City purchase agreement Manager submitting a tabulation of bids received for a purchase agreement to provide with Johnson vertical pump repair for the Water Department; stating that budgeted funds are Pump Company sufficient to cover the anticipated expenditure by each department; and recommending that the City Council authorize the purchase agreement with Johnson Pump Company on its low bid of $24.00 per hour service rate, $24.00 per hour overtime rate, cost plus 20 percent, with no minimum charge, and that the Water Department be authorized to participate in the agreement exclusively, effective from date of authorization by City Council until one year later. It was the consensus of the City Council that the recommendation be adopted. M&C P-4335 re There was presented Mayor and Council Communication No. P-4335 from the City purchase agreement Manager submitting a tabulation of bids received for a one-year purchase agreement with with Bearden Pro- two one-year renewal options to provide security guard services for the Library; tective Agency stating that funds are available in General Fund 01, Account Nos. 84-20-02, 84-30-03, and 84-30-06, Index Codes 321869, 323691, and 325498, respectively; and recommending that the purchase agreement be authorized with Bearden Protective Agency at the rate of $7.04 per hour, with the effective date to begin July 1, 1990, and end one year later or as extended by renewal option authorization. It was the consensus of the City Council that the recommendations be adopted. M&C P-4336 re There was presented Mayor and Council Communication No. P-4336 from the City purchase of the Manager stating that the Equipment Services Division requires a method to reduce computerized cat- obsolete parts, control inventory, and assure that the best prices are being obtained alog parts system on new orders when repairing fleet cars and small trucks; that, after a comprehensive hardware and soft- testing of the Triad Laser Cat System, the Equipment Services Division was able to ware establish that the vendors were supplying the correct parts for the application, to make correct substitution of parts manufactured by the original manufacturer, and use parts in-house otherwise considered obsolete for the new models; stating that funds are Minutes of City Council P-3 Page 282 Uniform, as follows: 1) Men's Pants, 100% Polyester $ 28.95 2) Women's Pants, 100% Polyester $ 19.50 3) Women's Skirt, 100% Polyester $ 16.50 4) Shirt, Short Sleeve, Polyester/Cotton Poplin $ 16.50 5) Shirt, Long Sleeve, Polyester/Cotton Poplin $ 18.95 6) Shirt, Short Sleeve, Polyester/Arvil Tropical $ 26.00 7) Shirt, Long Sleeve, Polyester/Arvil Tropical $ 29.25 8) Coat, Blazer, Texturized Polyester $ 69.50 9) Jacket, Short, Nylon w/Quilted Lining $ 38.50 10) Sweater, V -Neck Pullover, Acrylic $ 20.00 11) Windbreaker, Nylon $ 37.50 12) Cap, Baseball - type $ 4.95 " 13) Nameplates, Metal w/Black Letters $ 5.50 14) Dress Tie, Visa Polyester $ 6.50 15) Women's Boot, Pull -On, Leather Upper $ 59.50 16) Men's Boot, Pull -On, Leather Upper $ 68.00 17) Convertible Jacket (like Police Department) $119.00 18) Raincoat, Nylon, Coated w/Neoprene & Polyurethane and Lettered on Back $ 41.50 2. This agreement to be exclusively for the City Services Department; and 3. This agreement to become effective date of authorization and end one year later, or when option to renew is exercised. M&C P-4333 adopted It was the consensus of the City Council that the recommendations be adopted. M&C P-4334 re There was presented Mayor and Council Communication No. P-4334 from the City purchase agreement Manager submitting a tabulation of bids received for a purchase agreement to provide with Johnson vertical pump repair for the Water Department; stating that budgeted funds are Pump Company sufficient to cover the anticipated expenditure by each department; and recommending that the City Council authorize the purchase agreement with Johnson Pump Company on its low bid of $24.00 per hour service rate, $24.00 per hour overtime rate, cost plus 20 percent, with no minimum charge, and that the Water Department be authorized to participate in the agreement exclusively, effective from date of authorization by City Council until one year later. It was the consensus of the City Council that the recommendation be adopted. M&C P-4335 re There was presented Mayor and Council Communication No. P-4335 from the City purchase agreement Manager submitting a tabulation of bids received for a one-year purchase agreement with with Bearden Pro- two one-year renewal options to provide security guard services for the Library; tective Agency stating that funds are available in General Fund 01, Account Nos. 84-20-02, 84-30-03, and 84-30-06, Index Codes 321869, 323691, and 325498, respectively; and recommending that the purchase agreement be authorized with Bearden Protective Agency at the rate of $7.04 per hour, with the effective date to begin July 1, 1990, and end one year later or as extended by renewal option authorization. It was the consensus of the City Council that the recommendations be adopted. M&C P-4336 re There was presented Mayor and Council Communication No. P-4336 from the City purchase of the Manager stating that the Equipment Services Division requires a method to reduce computerized cat- obsolete parts, control inventory, and assure that the best prices are being obtained alog parts system on new orders when repairing fleet cars and small trucks; that, after a comprehensive hardware and soft- testing of the Triad Laser Cat System, the Equipment Services Division was able to ware establish that the vendors were supplying the correct parts for the application, to make correct substitution of parts manufactured by the original manufacturer, and use parts in-house otherwise considered obsolete for the new models; stating that funds are Minutes of City Council P-3 Page 282 TUESDAY, JUNE 26, 1990 IM&C P-4336 conti�� II available in Operating Fund 61, Account No. 21-20-15, Index Codes 218180 and 218099; and recommending that the City Council authorize: 1. The out right purchase of the computerized catalog parts system hardware and software from the sole source, Triad Systems Corp., for $3,950.00 net, f.o.b. Fort Worth; - 2. A one-time license for Laser Buyer's Guide DISC software for $1,250.00; 3. A month-to-month agreement for the catalog update on compact disk for a charge of $88.00 per month; 4. A month-to-month agreement for the Laser Buyer's Guide update for $70.00 per month; 5. A month-to-month maintenance service on hardware and software with Tri -Care Service for $45.00 per month; A municipal funding -out clause will be included in all agreements. M&C P-4336 adopted It was the consensus of the City Council that the recommendations be adopted. M&C P-4337 re There was presented Mayor and Council Communication No. P-4337 from the City purchase agreement Manager submitting a tabulation of bids received for purchase agreement to provide with Sreco, Inc. genuine Sreco parts for the City Services Department; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that the City Council: M&C P-4337 adopted M&C P-4338 was withdrawn M&C P-4339 re purchase from Atlas Utility Supply M&C P-4340 re purchase of 50 traffi c ,si gnal bases 1. Authorize a purchase agreement to provide genuine Sreco parts with Sreco, Inc., on the low bid meeting City specifications, as follows: ITEM DESCRIPTION AMOUNT BID Price Per Each 1) All Sreco Parts List Price 2) Winch Drum $735.00 3) Sprocket $ 47.10 4) Clutch Spring $ 3.70 5) Pillow Block $ 55.55 6) Belt $ 21.56 7) Handle ASM $ 37.45 8) Belt Booster Bracket $ 28.71 9) Booster Shaft $ 9.20 10) Axle $ 7.92 11) Shaker Frame ASM $282.00 12) Lift Dog ASM $ 21.62 13) Finger Spacer Clip $ 4.46 2. Allow a renewal option to be included in the agreement; and 3. Effective date of agreement to be date of authorization and end one year later or until renewal option is authorized. It was the consensus of the City Council that the recommendations be adopted. It was the consensus of the City Council that Mayor and Council Communication No. P-4338, Purchase Agreement for Structural Steel and Iron with Earle M. Jorgenson Company for the Equipment Services Department, be withdrawn from the agenda. There was presented Mayor and Council Communication No. P-4339 from the City Manager submitting a tabulation of bids received for the purchase of one -inch corporation stops for the Water Department; stating that purchases will be charged to Water and Sewer Operating Fund 45, Subsidiary Account No. 141-000279; and recommending that the purchase be made from Atlas Utility Supply on its low bid of $8,800.00 less five percent 30 days, f.o.b. Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. P-4340 from the City Manager submitting a tabulation of bids received for the purchase of 50 traffic signal bases for the Transportation and Public Works Department; stating that purchases will be charged to General Fund 01, Signal Inventory Subsidiary Account No. 141-000273; and recommending that the purchase be made from Valmont Industries, Inc., c/o Minutes of City Council P-3 Page 283 #2%v =i TUESDAY, JUNE 26, 1990 M&C P-4340 cont. Smith -Stephens & Associates on low bid of $10,100.00 net, f.o.b. Fort Worth. It was and adopted 11 the consensus of the City Council that the recommendation be adopted. M&C P-4341 re There was presented Mayor and Council Communication No. P-4341 from the City purchase of Manager submitting a quotation received for the purchase of micrographic hardware and micrographic hard- software for the Transportation and Public Works Department; stating that funds are ware and software available in General Fund 01, Account No. 20-40-02, Index Code 281956; and recommending that the purchase be made from Videotex System, Inc., on low bid of $6,010.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-4342 re There was presented Mayor and Council Communication No. P-4342 from the City purchase agreement Manager submitting a tabulation of bids received for a purchase agreement to provide for business cards business cards for the Office Services Division; stating that funds are available in Fund 60, Account No. 13-91-01, Index Code 216721; and recommending that the City Council authorize the purchase agreement with Print -Rite on low bid of unit price of $14.50 per order of 500 net, f.o.b. Fort Worth destination; that the agreement be exclusive for the Office Services Division, with the agreement to become effective the date of authorization by City Council and expire one year later or when option to renew is exercised. It was the consensus of the City Council that the recommendations be adopted. M&C P-4343 re There was presented Mayor and Council Communication No. P-4343 from the City purchase agreement Manager submitting a tabulation of bids received for a one-year purchase agreement to with Atlas Utility provide cast iron valve boxes and lids for the Water Department; stating that budgeted Supply funds are sufficient to cover the anticipated expenditure by each department Top Section participating in the agreement; and recommending that the City Council: 18" 1. Authorize a one-year purchase agreement to provide cast iron valve boxes and lids with Atlas Utility Supply on the low overall bid of unit prices, as follows: 1. 2" Drop Lid $ 5.00/each 2. 15" Bottom Section $ 7.79/each 3. 24" Bottom Section $10.95/each 4. 16" Top Section $ 9.58/each 5. 18" Extension $11.55/each 6. 24" Extension $14.08/each 7. 30" Extension $15.48/each 2. Allow the Water Department to participate in the agreement exclusively, effective from date of authorization by City Council until one year later. M&C P-4343 adopted1l It was the consensus of the City Council that the recommendations be adopted. M&C P-4344 re There was presented Mayor and Council Communication No. P-4344 from the City purchase of safety Manager submitting a tabulation of bids received for the purchase of safety clothing clothing and and equipment for the Police Department; stating that funds are available in Special equipment Trust Fund 72, Project No. 535000-00, Index Code 403527; and recommending that the City Council authorize the purchase of safety clothing and equipment for the Police Department based on a low bid of unit prices, as follows: SAFETY SUPPLY, INC., SAN ANTONIO, TX ITEM UNIT PRICE 1. (Total-body coveralls, laminated Tyvek, 300) $ 4.86/pr 3. (Respirator, fullface, 7) $ 54.50/ea`' 4. (Filter Cartridge for Respirator, 168) $ 2.31/ea 5. (Safety Boots, lines, 7) $ 32.75/pr 6. (Lantern, explosion -proof, 7) $ 58.00/ea 8 (Fire Extinguisher, 9 lb. capacity Halon, 7) $ 69.00/ea DANTACK CORPORATION, GRAND PRAIRIE, TX 2. (Nitrile Gloves, unlined, 288) $149.76/144 10. (Breathing apparatus, self-contained, 7) $958.00/ea VALLEN SAFETY SUPPLY CO., CARROLLTON, TX 7. (Eye -wash station, 7) 9. (Duct tape, 7) net f.o.b. destination. $ 8.99/ea $ 2.90/rl M&C P-4344 adopted It was the consensus of the City Council that the recommendation be adopted. M&C P-4345 re There was presented Mayor and Council Communication No. P-4345 from the City purchase of Manager submitting a tabulation of bids received for'the purchase of electrical wire electrical wire for the Transportation and Public Works Department; stating that purchases will be charged to General Fund 01, Account No. 141-00273; and recommending that the purchase be made on a low -bid -item basis from King Wire & Cable Corporation and Southwestern Minutes of City Council P-3 Page 284 TUESDAY, JUNE 26, 1990 &C P-4345 cont. ti J nd adopted Electric Wire & Cable for a total amount of $7,329.74 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. &C P-4346 re There was presented Mayor and Council Communication No. P-4346 from the City urchase of an air- Manager recommending that the City Council confirm the emergency purchase of $35,000.00 onditioning system to the A & A Refrigeration Company for emergency purchase of an air-conditioning system for the Water Department, with funds available in Operating Fund 45, Account No. 70-50-02, Index Code 384651. It was the consensus of the City Council that the award of an order in the amount of $35,000.00 to A & A Refrigeration be approved, confirmed, and ratified. &C P-4347 re There was presented Mayor and Council Communication No. P-4347 from the City urchase of as:)estoi Manager recommending that the City Council confirm the award of an order in the amount sbestos removal of $92,000.00 to U.S. Environmental Service for the emergency purchase of asbestos ervice removal service for the Water Department, with funds available in Water and Sewer Operating Fund 45, Account No. 60-50-02, Index Code 373670. It was the consensus of the City Council that the award of an order in the amount of $92,000.00 to U.S. Environmental Service be approved, confirmed, and ratified. &C P-4348 re There was presented Mayor and Council Communication No. P-4348 from the City urchase agreement Manager submitting a tabulation of bids received for a one-year purchase agreement, or facsimile with option to renew annually for two years, for facsimile equipment for Information quipment Systems and Services; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in the agreement; and recommending that the City Council authorize: 1. A one-year purchase agreement, with option to renew annually for two years, with Southwest. Office Systems to provide facsimile equipment with maintenance on a rental/purchase or outright purchase based on the low bid of unit prices, as follows: 2. Execute a nine-month maintenance contract after three-month warranty period, then to be renewed each year for two additional years, not to exceed $160.00 per month; 3. Payment of a one-time transportation charge for an amount not to exceed $100.00; and 4. This lease/purchase contract will include a fiscal funding -out clause. &C P-4350 adopted 11 It was the consensus of the City Council that the recommendations be adopted. &C P-4351 re There was presented Mayor and Council Communication No. P-4351 from the City urchase agreement Manager submitting a tabulation of bids received for a purchase agreement for golf cart ith E -Z Go Textron maintenance and repairs for the Park and Recreation Department; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department; and recommending that the City Council authorize: Minutes of City Council P-3 Page 285 2. Authorize all departments, with approval of Information Systems and 12 -MONTH OUTRIGHT 1 YEAR ITEM 3. This agreement to become effective date of approval by the City Council. &C P-4348 adopted RENTAL/PURCHASE PURCHASE MAINTENANCE a. Model FO -510 $104.45/month $1,167.00 $137.00 b. Model FO -550 $114.74/month $1,282.00 $171.00 c. Model FO -750 $134.25/month $1,500.00 $194.00 d. Model FO -5200 $203.34/month $2,272.00 $747.50 2. Execute a nine-month maintenance contract after three-month warranty period, then to be renewed each year for two additional years, not to exceed $160.00 per month; 3. Payment of a one-time transportation charge for an amount not to exceed $100.00; and 4. This lease/purchase contract will include a fiscal funding -out clause. &C P-4350 adopted 11 It was the consensus of the City Council that the recommendations be adopted. &C P-4351 re There was presented Mayor and Council Communication No. P-4351 from the City urchase agreement Manager submitting a tabulation of bids received for a purchase agreement for golf cart ith E -Z Go Textron maintenance and repairs for the Park and Recreation Department; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department; and recommending that the City Council authorize: Minutes of City Council P-3 Page 285 2. Authorize all departments, with approval of Information Systems and Services Department, Electronics Division, to participate in this agreement; and 3. This agreement to become effective date of approval by the City Council. &C P-4348 adopted It was the consensus of the City Council that the recommendations be adopted. &C P-4349 re There was presented Mayor and Council Communication No. P-4349 from the City urchase fo 17,000 Manager submitting a tabulation of bids received for the purchase of 17,000 pansies and ansies and flower- flowering kale from Plantland Industries, Inc., for the Park and Recreation Department; ng kale stating that funds are available in various accounts; and recommending that the purchase be made from Plantland Industries, Inc., on low bid, meeting City specifications, of $0.379 each for a total amount not to exceed $6,443.00 net, f.o.b. Fort Worth. Council Member Granger made a motion, seconded by Council Member McCray, that the recommendation be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. &C P-4350 re There was presented Mayor and Council Communication No. P-4350 from the City ease/purchase with Manager submitting a tabulation of bids received for the purchase of matrix line emorex Telex Corp. printer for Information Systems and Services Department; stating that funds are available in General Fund 01, Account No. 38-10-00, Index Code 214825; and recommending that the City Council authorize: 1. The execution of a 36 -month lease/purchase (3 -month equipment warranty included) with Memorex Telex Corporation for one matrix line printer for Information Systems and Services for the amount not to exceed $273.58 each/month; 2. Execute a nine-month maintenance contract after three-month warranty period, then to be renewed each year for two additional years, not to exceed $160.00 per month; 3. Payment of a one-time transportation charge for an amount not to exceed $100.00; and 4. This lease/purchase contract will include a fiscal funding -out clause. &C P-4350 adopted 11 It was the consensus of the City Council that the recommendations be adopted. &C P-4351 re There was presented Mayor and Council Communication No. P-4351 from the City urchase agreement Manager submitting a tabulation of bids received for a purchase agreement for golf cart ith E -Z Go Textron maintenance and repairs for the Park and Recreation Department; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department; and recommending that the City Council authorize: Minutes of City Council P-3 Page 285 0K.0 TUESDAY, JUNE 26, 1990 &C P-4351 cont. 1. A purchase agreement with E -Z Go Textron to perform scheduled golf cart maintenance and unscheduled repairs for the Park and Recreation Department on the low bid of the following unit prices: (1) Monthly Scheduled Maintenance $16.25/per mo./per cart (2) Unscheduled Repairs $20.00/hr. labor (3) Replacement Parts for Repairs Dealer List Price (4) Battery Replacement $45.00/battery 2. The agreement period to begin the date of authorization and end one year later, with option to renew for one additional year. M&C P-4351 adopted 1l It was the consensus of the City Council that the recommendations be adopted. M&C P-4352 re There was presented Mayor and Council Communication No. P-4352 from the City purchase of print- Manager submitting a tabulation of bids received for the purchase of printing of a ing of a:,Waterua. Water Gardens brochure for the Park and Recreation Department; stating that funds are Gardens brochure available in Special Revenue Fund 03, Project No. 801000-04, Index Code 603985; and There was presented Mayor and Council Communication No. P-4354 from the recommending that the purchase be made from Worth Business Forms on low bid of iron $6,670.00 net, f.o.b. destination. It was the consensus of the City Council that the fittings recommendation be adopted. and $26.59 M&C P-4353 re There was presented Mayor and Council Communication No. P-4353 from the City purchase of print- Manager submitting a tabulation of bids received for the purchase of printing of the ing of the annual annual report for the City Manager's Office; stating that funds are available in report for the General Fund 01, Account No. 90-13-00, Index Code 213504; and recommending that the City Manager's purchase be made from Mothe ral Printing Company on low bid meeting specifications, of Office $15,924.00 net, f.o.b. destination. It was the consensus of the City Council that the $17.28 recommendation be adopted. 3. 4" M&C P-4354 re There was presented Mayor and Council Communication No. P-4354 from the City purchase agreement Manager submitting a tabulation of bids received for a purchase agreement for cast iron for cast iron fittings for the Water Department; stating that budgeted funds are sufficient to cover fittings the anticipated expenditure by each department participating in the agreement; and $26.59 recommending that the City Council: 6. 6" Bend 1. Authorize a purchase agreement for cast iron fittings with Atlas Utility 8 7. Supply on the low bid meeting city specifications, as follows: 1/32 angle ITEM DESCRIPTION AMOUNT BID Bend MJ x MJ Each Bend offsets MJ x MJ 28. 1. 4" Bend 1/8 angle $17.28 6 2. 4" Bend 1/16 angle $17.28 x 3. 4" Bend 1/4 angle $18.61 18 offset 4. 6" Bend 1/4 angle $31.46 $208.70 5. 6" Bend 1/8 angle $26.59 34. 6. 6" Bend 1/16 angle $26.59 8 7. 6" Bend 1/32 angle $26.59 8. 8" Bend 1/4 angle $48.74 9. 8" Bend 1/8 angle $42.54 10. 8" Bend 1/16 angle $42.54 11. 8" Bend 1/32 angle $42.54 12. 10" Bend 1/4 angle $73.11 13. 10" Bend 1/8 angle $57.60 14. 10" Bend 1/16 angle $57.60 15. 10" Bend 1/32 angle $57.60 16. 12" Bend 1/4 angle $97.48 17. 12" Bend 1/8 angle $79.76 18. 16" Bend 1/8 angle $199.40 19. 16" Bend 1/16 angle $199.40 Bend MJ x PE 20. 4" Bend 1/8 angle $22.16 21. 4" Bend 1/16 angle $22.16 22. 4" Bend 1/4 angle $23.04 23. 6" Bend 1/8 angle $30.13 24. 6" Bend 1/16 angle $30.13 25. 6" Bend 1/32 angle $30.13 26. 8" Bend 1/4 angle $53.17 27. 8" Bend 1/32 angle $44.75 Bend offsets MJ x MJ 28. 4 x 12 offset $188.76 29. 6 x 6 offset $134.70 30. 6 x 12 offset $151.98 31. 6 x 18 offset $174.14 32. 6 x 24 offset $208.70 33. 8 x 6 offset $183.44 34. 8 x 12 offset f $228.64 35. 8 x 24 offset $316.82 Minutes of City Council P-3 Page 286 &C P-4354 cont. TUESDAY JUNE 26 1990 Bend offset MJ x PE 36. 4 x 12 offset 37. 6 x 6 offset 38. 6 x 12 offset 39. 6 x 18 offset 40. 6 x 24 offset 41. 8 x 6 offset 42. 8 x 24 offset Anchor 43. 4 x 13 anchor 44. 4 x 18 anchor 45. 6 x 13 anchor 46. 6 x 18 anchor 47. 6 x 24 anchor 48. 8 x 13 anchor 49. 8 x 18 anchor 50. 8 x 24 anchor 51. 10 x 13 anchor 52. 12 x 13 anchor Crosses 53. 6 x 6 crosses 54. 8 x 6 crosses 55. 8 x 8 crosses Plugs 56. 6" M.J. plugs 57. 6" M.J. cap 58. 8" M.J. plugs 59. 8" M.J. cap 60. 10" M.J. plug 61. 10" M.J. plug 62. 12" M.J. plug 63. 12" M.J. cap 64. 6" push -on joint plug 65. 8" push -on joint plug 66. 10" push -on joint plug 67. 12" push -on joint plug Sleeves M.J. 68. 6 x 7.5 sleeve 69. 6 x 12 sleeve 70. 8 x 7.5 sleeve 71. 8 x 12 sleeve 72. 10 x 7.5 sleeve 73. 10 x 12 sleeve 74. 12 x 7.5 sleeve 75. 16 x 15 sleeve Tees 76. 6 x 4 tee 77. 6 x 6 tee 78. 8 x 4 tee 79. 8 x 6 tee 80. 8 x 8 tee 81. 10 x 4 tee 82. 10 x 6 tee 83. 10 x 8 tee 84. 10 x 10 tee 85. 12 x 4 tee 86. 12 x 6 tee 87. 12 x 8 tee 88. 12 x 12 tee 89. 6 x 6 anchor tee 90. 8 x 6 anchor tee 91. 10 x 6 anchor tee 92. 12 x 6 anchor tee Reducer M.J. x M.J. 93. 6 x 4 reducer 94. 10 x 8 reducer Reducer M.J. x P.E. 95. 6 x 4 reducer 96. 8 x 6 reducer Minutes of City Council P-3 Page 287 $107.23 $129.83 $150.65 $177.68 $211.36 $179.46 $320.80 $56.72 N/A $71.78 $83.30 $96.90 $99.25 N/A N/A $126.73 $153.31 $59.82 $79.76 $88.62 $13.29 $12.41 $18.61 $18.61 $26.59 $26.14 $34.56 $32.79 $11.52 $16.39 $27.03 $36.33 $19.94 $28.36 $26.59 $38.55` $36.78 $47.41 $41.65 $168.38 $37.32 $42.09 $52.73 $59.38 $64.25 $75.33 $79.76 $82.42 $92.16 $95.27 $97.48 $101.91 $132.04 $66.47 $83.30 $116.98 $143.56 $20.38 $42.09 $21.27 $33.23 0(.0 "I &C P-4354 cont. &C P-4354 adopted TUESDAY, JUNE 26, 1990 Reducer FF 97. 4 x 3 reducer 98. 8 x 4 reducer $44.75 $82.86 2. Allow the Water Department to participate in the agreement exclusively, effective from date of authorization by City Council until expiration one year later. On motion of Mayor Pro tempore Gilley, seconded by Council Member Zapata, the recommendations were adopted. &C P-4355 re There was presented Mayor and Council Communication No. P-4355 from the City out -right purchase Manager stating that the Employment and Training Department has been approved for a f computerized Texas Department of Commerce grant to be used in purchasing learning equipment for the ided learning JTPA program; that the CCP equipment will consist of computer hardware, software, ys tem training, and support for the existing computer assisted learning center; stating that funds are available in Grant Fund 76, Project No. 405480-04, Index Code 511113; and recommending that the City Council authorize the outright purchase of computerized aided learning system for the Employment and Training Department from United States Basic Skills Investment Corporation for $44,034.74 f.o.b. destination Fort Worth. r. Ben Allen re Mr. Ben Allen, Director of the Purchasing Department, appeared before the City &C P-4355 Council and advised the City Council that bids were mailed to eight perspective bidders with no responses received from the eight companies but that the City of Fort Worth will continued to seek bidders for competative bidders. Council Member Webber made a motion, seconded by Mayor Pro tempore Gilley, that the recommendation, as contained in Mayor and Council Communication No. P-4355, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. &C P-4356 re There was presented Mayor and Council Communication No. P-4356 from the City ental of 300 por- Manager submitting a tabulation of bids received for the rental of 300 portable stalls able stalls for the Public Events Department; stating that funds are available in Special Trust Fund 72, Project No. 511000-00, Index Code 600452; and recommending that the rental be from Smith Sales on low bid, meeting City specifications, of $30.00 per stall for a total amount not to exceed $9,000.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. &C P-4357 re There was presented Mayor and Council Communication No. P-4357 from the City urchase of suppor Manager stating that the City Council authorized Mayor and Council Communication ive day care ser- No. P-3554 on June 27, 1989, for a purchase agreement with Day Care Association of ices Tarrant County to furnish day care services for participants in the job training programs; that the vendor has agreed to hold the quoted prices firm for another year and the Employment and Training Department has requested the first option to renew be exercised; stating that the expenditure will be made from Index Code 510602; and recommending that the City Council authorize: 1. Exercising the first of two options to renew the purchase of supportive day care services for the Employment and Training Department from the Day Care Association of Tarrant County on the low bid meeting specifications on the following unit prices: (1) Full day rate $13.95 per day per child (Per enrollment day) (2) Part day rate $ 8.70 per partial day per child (Per partial day) contingent upon execution of contract with the grantor agency, Texas Department of Commerce; and 2. The agreement period to begin July 1, 1990, and end June 30, 1991, with a one-year option to renew. r. Richard Sapp Mr. Richard Sapp, Director of the Employment and Training Department, appeared e M&C P-4356 before the City Council and advised the City Council that there have not been any increases in the number of agencies, but that the level of participation from last year to this year has increased. Council Member Webber made a motion, seconded by Council Member Chappell, that the recommendations, as contained in Mayor and Council Communication No. P-4357, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. &C L-10128 re There was presented Mayor and Council Communication No. L-10128 from the City pproval and Manager, as follows: cceptance of tility and drain- SUBJECT: APPROVAL AND ACCEPTANCE OF UTILITY AND DRAINAGE EASEMENTS - ge easements ALLIANCE AIRPORT Minutes of City Council P-3 Page 288 �� . TUESDAY, JUNE 26, 1990 M&C L-10128 cont. II RECOMMENDATION: It is recommended that City Council approve and accept the below described instruments dealing with the dedication of easements to be used for underground utilities and drainage improvements at or near Alliance Airport. DISCUSSION: Alliance Airport, Ltd., a Texas limited partnership, and Hillwood/1358, Ltd., a Texas limited partnership, desire to dedicate to the City of Fort Worth certain permanent easements (as described below) at or near Alliance Airport. 1. U.E.1 - Grantor Alliance Airport, Ltd. - The easement to be dedicated to the City is for the purpose of constructing, using and maintaining underground water, underground sewer, underground electric, underground telephone and underground drainage facilities. This easement contains a total of 5.3346 acres adjacent to the east and west right of way of Heritage Parkway from Alliance Blvd. to Eagle Parkway and the north and south right of way of Avion Road from IH35 W to Heritage Parkway. 2. U.E.2 - Grantor Hillwood/1358, Ltd. - The easement to be dedicated to the City is for the purpose of constructing, using and maintaining underground water, underground sewer, underground electric, underground telephone and underground drainage facilities. This easement contains a total of 4.8928 acres adjacent to the north and south right of way of Eagle Parkway west from IH35 W to Farm Road 156. 3. U.E.3 - Grantor Alliance Airport, Ltd. - The easement to be dedicated to the City is for the purpose of constructing, using and maintaining underground water, underground sewer, underground electric, underground telephone and underground drainage facilities. This easement contains a total of .41217 acres adjacent to the north and south right of way of Alliance Blvd. west of IH35 W to the intersection of Heritage Parkway and Alliance Blvd. 4. U.E.4 - Grantor Alliance Airport, Ltd. - The easement to be dedicated to the City is for the purpose of constructing, using and maintaining underground water, underground sewer, underground electric, underground telephone and underground drainage facilities. This easement contains a total of .7436 acres adjacent to the north and south right of way line of a portion of Eagle Parkway south from Farm Road 156 and the A.T. & S.F.R.R. 5. U.E.5 - Grantor Hillwood/1358, Ltd. - The easement to be dedicated to the City is for the purpose of constructing, using and maintaining underground water, underground sewer, underground electric, underground telephone and underground drainage facilities. This easement contains .8763 acres adjacent to the north right of way line of a portion of Eagle Parkway south of the above described U.E.4. 6. U.E.6 - Grantor Hillwood/1358 Ltd. - The easement to be dedicated to the City is for the purpose of constructing, using and maintaining underground water, underground sewer, underground electric, underground telephone and underground drainage facilities. This easement contains .4897 acres adjacent to the south right of way line of a portion of Eagle Parkway south of the above described U.E.4. 7. U.E.7 - Grantor Alliance Airport, Ltd. - The easement to be dedicated to the City is for the purpose of constructing, using and maintaining underground water, underground sewer, underground electric, underground telephone and underground drainage facilities. This easement contains .5691 acres and is approximately 426 feet in depth and 60 feet in width and is located approximately 260.16 feet north of the Heritage Parkway and Avion Road intersection. 8. U.E.8 - Grantor Hillwood/1358, Ltd. - The easement to be dedicated to the City is for the purpose of constructing, using and maintaining underground water, underground sewer, underground electric, underground telephone and underground drainage facilities. This easement contains .8568 acres and is approximately 638 feet in length and 60 feet in width adjacent to the southerly end of the above described U.E.7. 9. D.E.1 - Grantor Alliance Airport, Ltd..- The easements to be dedicated to the City are for the purpose of placing, constructing, operating and repairing a drainage culvert, headwall and channel. These easements contain a total of 0.1102 acres and are located adjacent to the westerly side of Heritage Parkway. FINANCING: The City will not incur any expense in the acceptance of these easements. On motion of Mayor Pro tempore Gilley, seconded by Council Member Chappell, the M&C L-10128 adopte recommendation, as contained in Mayor and Council Communication No. L-10128, was adopted. Minutes of City Council P-3 Page 289 2�J M&C L-10130 re acquisition of temporary con- struction easement M&C L-10130 adopte M&C L-10131 re approval and acceptance of deed of dedication of land There was presented Mayor and Council Communication No. L-10130 from the City Manager, as follows: SUBJECT: ACQUISITION OF EASEMENT/MEADOWBROOK DRIVE RECONSTRUCTION (WATSON TO I-820) RECOMMENDATION: It is recommended that approval be given for the acquisition of the easement described below: Project Name: Meadowbrook Drive Reconstruction (Watson to I-820) Type of Acquisition: Dedication - Temporary Construction Easement Description of Land: A rectangularly shaped parcel of land out of Lot 3, Block A, Be vedere Estates, as recorded in Volume 9429, Page 1575, Deed Records, Tarrant County, Texas. This parcel of land is 16.0 feet in depth and 21.0 feet in length and lies adjacent to, contiguous with, and north of the north right-of-way line of Meadowbrook Drive, required for a Temporary Construction Easement. Square Feet: 336 Parcel No.: CE -2 Consideration: $1.00 Location: 5613 Meadowbrook Drive Owner: Jean Williams Zoning: "A" One -Family Financing: Sufficient funds are available in Street Improvement, Fund 67 Project No. 095106-00 Land Acquisition. This expenditure will be made from Index Code 699884. Land Agent: Jerry Chalker It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. L-10130, be adopted. There was presented Mayor and Council Communication No. L-10131 from the City Manager, as follows: SUBJECT: APPROVAL AND ACCEPTANCE OF DEED OF DEDICATION ALLIANCE BOULEVARD WEST OF I.H. 35W TO EAGLE PARKWAY INTERSECTION/ALLIANCE AIRPORT RECOMMENDATION: It is recommended that the City Council approve and accept the below described deed relating to the dedication of land to be used for roadway purposes adjacent to Alliance Airport. nTSf'IISSTnN- Alliance Airport, LTD., a Texas limited partnership, desires to dedicate to the City of Fort Worth certain property (as described below) in the area of Alliance Airport. Dedication Deed for a Portion of Alliance Boulevard West of I.H. 35W to Eagle Parkway Intersection The land to be dedicated to the City is for the purpose of building the final portion of Alliance Boulevard west of I.H. 35W. The dedication contains a Right of Reverter whereby the property would revert to Alliance Airport in the event the City fails, for a period of two years, to use the property as a roadway. In the event of reversion, any utilities, public or private, would be permitted to remain, and further, the City and any public utility would continue to have the right to install facilities within the right-of-way. Subject dedication contains 1.9630 acres of land. Alliance Airport, LTD., has reserved mineral rights, the right to install landscaping and irrigation, and the right to cross over and under the right-of-way. M&C L-10131 adopte Council Member Chappell made a motion, seconded by Mayor Pro tempore Gilley, that the recommendation, as contained in Mayor and Council Communication No. L-10131, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C L-10132 re There was presented Mayor and Council Communication No. L-10132 from the City acquisition of Manager, as follows: permanent and tem- porary easements Minutes of City Council P-3 Page 290 &C L-10132 cont. &C L-10132 adopte &C L-10133 re cquisition of emporary con- truction easement ne> 1 TUESDAY, JUNE 26, 1990 SUBJECT: ACQUISITION OF RIGHT-OF-WAY/IMPROVEMENT OF VILLAGE CREEK ROAD/PARCEL 51 AND C.E. 24 RECOMMENDATION: r It is recommended that approval be given for the acquisition of the property described below: 1. Name and Description of Project Improvement of Village Creek Road Type of Acquisition Outright Purchase/Right-of-Way 3. Descriation of Land Permanent Easement - A rectangularly shaped strip of land from the east property line of Lot 11, Block 11, Eastwood Addition, 4th Filing, as described in Volume 5980, Page 132, Deed Records, Tarrant County, Texas. This strip of land is 4 feet in depth and 60 feet in length and contains 240 square feet as required for street right-of-way. Temporary Construction Easement - An irregularly shaped strip of land parallel and adjacent to the above described right-of-way from 3 feet in width on the south property line to 20 feet in width on the north, and 60 feet in length, containing 588 square feet required for a temporary construction easement. Square Feet: 240 Zoning: "B" Two -Family Parcel No.: 51 C.E. No.: 24 Consideration Payment for land $ 50.00 Payment for improvements 600.00 Other consideration (T.C.E.) 450.00 Total Consideration $1,100.00 5. Location 3708 Village Creek Road II 6. Owner Willie D. et ux Joyce L. Oliver 7. Financing i _ Sufficient funds are available in Street Improvements Fund 67, Project No. 040115-00, Village Creek Rd. Expenditure will be made from Index Code 699884. 8. Land A ent Ethel Roberts It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. L-10132, be adopted. There was presented Mayor and Council Communication No. L-10133 from the City Manager, as follows: SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS (2 TRANSACTIONS) RECOMMENDATION: It is recommended that approval be given for the acquisition of the land and/or easements described below: 1. Project Name: Meadowbrook Drive Reconstruction - Watson to I-820 Type of Acquisition: Dedication - Temporary Construction Easement Description of Land: A rectangularly shaped strip of land out of Lot 78, Pollard Estates, as recorded in Volume 974, Page 123, Deed Records, Tarrant County, Texas. This strip of property is 44.51 feet in length along its north line, 12.0 feet in depth along its east line, 44.68 feet in length along its south line and 12.0 feet in depth along its west line and lies parallel, adjacent and contiguous with the south right-of-way line of Meadowbrook Drive, required for a temporary construction easement. Square Feet: 535.0 Zoning: "E" Parcel No.: CE -22 Minutes of City Council P-3 Page 291 rtd.�•N TUESDAY, JUNE 26, 1990 &C L-10133 cont. Consideration: $1.00 Location: 6062 Meadowbrook Dr. Owner: Royce H. Kirby, Bill Elliott and B.E. Merrell Financing: Sufficient funds are available in Street Improvement, Fund 67, Project No. 095106-00 Land Acquisition. This expenditure will be made from Index Code 699884. Land Agent: Jerry Chalker 2. Project Name: Rehabilitation of Sanitary Sewer Main 42, Lateral 527 and Main 383-A. Type of Acquisition: Dedication/Permanent Easement and Construction Easement Description of Land: Permanent Easement:. A rectangularly shaped parcel of land 15 feet in width and approximately 41 feet in length located across the westerly portion of Lot 13, Block 2, Elizabeth Gouhenant (or Gounah's) Addition, as recorded in Volume "G", Page 296, Deed Records, Tarrant County, Texas. This parcel of land contains approximately 621 square feet as required for a permanent easement. Construction Easement: A rectangularly shaped parcel of land 25 feet in width and approximately 41 feet in length adjacent to the westerly line of said permanent easement. This parcel of land contains approximately 1,035 square feet as required for a construction easement. Square Feet: P. Esmt. - 621 C. Esmt. - 1,035 Zoning: "D" Multi -Family Parcel No.: 6 Consideration: $1.00 Location: West of Samuels Avenue Owner: Texas Utilities Electric Company Financing: Sufficient funds are available in Sewer Capital Improvements Fund 58, Project No. 017065-00, Rehabilitation of Sanitary Sewer Main 42, Lateral 527 and Main 383-A. This expenditure will be made from Index Code 698787. Land Agent: Aleeta Hackney &C L-10133 adopte It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. L-10133, be adopted. &C L-10134 re There was presented Mayor and Council Communication No. L-10134 from the City cqui si ti on of Manager, as follows: fight -of -way SUBJECT: ACQUISITION OF RIGHT-OF-WAY FOR MEACHAM BLVD./MARK IV TO BURLINGTON RECOMMENDATION: It is recommended that approval be given for the acquisition of the property described below: 1. Name and Description of Project Meacham Blvd. Mark IV to Burlington) 2. Type of Acquisition Right -of -Way 3. Description of Land A triangularly shaped parcel of land out of the northwesterly corner of Tract 2, J. Bursey Survey, Abstract No. 122, as recorded in Volume 5460, Page 380, Deed Record, Tarrant County, Texas. This parcel of land contains approximately 8,843 square feet as required for right-of-way. Square Feet: 8, 843 Parcel No.: 5 Zoning: K Heavy Industrial 4. Consideration Payment for land $15,500.00 Total Consideration $15,500.00 Minutes of City Council P-3 Page 292 TUESDAY, JUNE 26, 1990 M&C L-10134 cont. II 5. Location Deen Road 203 6. Owner Blakeman Corporation - a check in the amount of purchase price will be payable to Rattikin Title Company, 611 Th rockmorton, Fort Worth, Texas 76102, for handling the closing transaction. 7. Financing Sufficient funds are available in Street and Related Improvements (1982-1983) Fund 30, Project No. 023191-00, Meacham Blvd (Mark IV to Burlington). This expenditure will be made from Index Code 680512. RECOMMENDATION: It is recommended that the City Council adopt an ordinance vacating portion of 60' drainage and utility easement, located on Lots A & B, Block 1, Sycamore Creek Addition, as recorded in Volume 388-3, Page 3, P.R.T.C.T. nTgri1gqTnN- The Fort Worth Housing Authority, owner of all abutting property has requested that the City vacate the above described drainage and utility easement, as shown on the attached map and further described by metes and bounds with detail site plans as Appendices. The Subject easement, acquired by dedication, is platted and contains sewer, water, electrical and telephone utility facilities. Satisfactory arrangements have been made with the utility company to vacate only those portions of the utility easement located under existing buildings and not containing any utility facilities. The subject vacation is made in order to utilize the vacated easements as part of the subject property. The Director of Real Property Management has determined that a $1.00 consideration fee satisfies the City of Fort Worth's interest in this request. Reviewing City departments and private utility companies have raised no objection to this request. Mr. Gary Santerre Mr. Gary Santerre, Director of the Transportation and Public Works Department, re M&C PZ -1583 appeared before the City Council and advised the City Council that the request for the drainage and utility easement is a part of a drainage project and that 100 percent of the 100 -year flood will be carried underground and is a fully integrated project. Mayor Pro tempore Gilley made a motion, seconded by Council Member McCray, that the recommendation, as contained in Mayor and Council Communication No. PZ -1583, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Meadows, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10623 10623 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING VARIOUS PORTIONS OF A DRAINAGE AND UTILITY EASEMENT LOCATED WITHIN THE SYCAMORE CREEK ADDITION TO THE CITY OF FORT WORTH, TEXAS, BEING FURTHER DESCRIBED HEREIN; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. 3 Minutes of City Council P-3 Page 293 8. Land Agent Aleeta Hackney M&C L-10134 adopteil It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. L-10134, be adopted. M&C PZ -1583 re There was presented Mayor and Council Communication No. PZ -1583 from the City vacating a drain- Manager, as follows: age and utility easement SUBJECT: VACATION OF A DRAINAGE AND UTILITY EASEMENT: SYCAMORE CREEK ADDITION BLOCK 1, LOTS A & B FAIRPARK BOULEVARD, SOUTH OF EAST SEMINARY DRIVE RECOMMENDATION: It is recommended that the City Council adopt an ordinance vacating portion of 60' drainage and utility easement, located on Lots A & B, Block 1, Sycamore Creek Addition, as recorded in Volume 388-3, Page 3, P.R.T.C.T. nTgri1gqTnN- The Fort Worth Housing Authority, owner of all abutting property has requested that the City vacate the above described drainage and utility easement, as shown on the attached map and further described by metes and bounds with detail site plans as Appendices. The Subject easement, acquired by dedication, is platted and contains sewer, water, electrical and telephone utility facilities. Satisfactory arrangements have been made with the utility company to vacate only those portions of the utility easement located under existing buildings and not containing any utility facilities. The subject vacation is made in order to utilize the vacated easements as part of the subject property. The Director of Real Property Management has determined that a $1.00 consideration fee satisfies the City of Fort Worth's interest in this request. Reviewing City departments and private utility companies have raised no objection to this request. Mr. Gary Santerre Mr. Gary Santerre, Director of the Transportation and Public Works Department, re M&C PZ -1583 appeared before the City Council and advised the City Council that the request for the drainage and utility easement is a part of a drainage project and that 100 percent of the 100 -year flood will be carried underground and is a fully integrated project. Mayor Pro tempore Gilley made a motion, seconded by Council Member McCray, that the recommendation, as contained in Mayor and Council Communication No. PZ -1583, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Meadows, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10623 10623 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING VARIOUS PORTIONS OF A DRAINAGE AND UTILITY EASEMENT LOCATED WITHIN THE SYCAMORE CREEK ADDITION TO THE CITY OF FORT WORTH, TEXAS, BEING FURTHER DESCRIBED HEREIN; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. 3 Minutes of City Council P-3 Page 293 TUESDAY, JUNE 26, 1990 M&C PZ -1854 was It was the consensus of the City Council that Mayor and Council Communication withdrawn No. PZ -1584, Vacation of a Utility Easement - Chamberlin -Arlington Heights Addition, Second Filing, Block 34-R, Lot 1, Fletcher Avenue at Hulen Street, be withdrawn from the agenda. M&C PZ -1585 re There was presented Mayor and Council Communication No. PZ -1585 from the City vacation of a Manager, as follows: utility easement SUBJECT: VACATION OF A UTILITY EASEMENT - CHAMBERLIN-ARLINGTON HEIGHTS ADDITION, SECOND FILING, BLOCK 34-R, LOT 1, FLETCHER AVENUE AT HULEN STREET (V-90-13) RECOMMENDATION: It is recommended that the City Council adopt an ordinance vacating a former 16' wide alley and 60' wide street rights-of-way vacated by City Ordinance Nos. 3345, 5952, 7931 and 5117, respectively, creating utility easements for the existing utilities. It is also recommended that the City Council adopt an ordinance vacating a 10' wide utility easement, all located within Lot 1, Block 34-R, Chamberlin -Arlington Heights Addition, Second Filing, as recorded in Volume 388-130, Page 40, P.R.T.C.T. DTSrIPRS TON! Sunbelt Savings, owner of all adjacent property, has requested that the City vacate the above-described utility easements as delineated in the attached field notes as Appendix A, and further identified in the attached detailed map, Appendix B. The subject easements, acquired by dedication, are platted but have had the utility facilities removed. The subject vacation is made in order to utilize the vacated easements as part of the development of the subject property. The Director of Real Property Management has determined that a $1.00 consideration fee satisfies the City of Fort Worth's interest in this request. Reviewing City departments and private utility companies have raised no objection to this request. A satisfactory replat has been submitted. M&C PZ -1585 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. PZ -1585, be adopted. Introduced an Council Member Meadows introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Meadows, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No.1� ORDINANCE NO. 10624 10624 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING THREE UTILITY EASEMENTS LOCATED WITHIN THE CHAMBERLAIN -ARLINGTON HEIGHTS ADDITION, SECOND FILING, IN FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING MORE SPECIFICALLY DESCRIBED HEREIN; PROVIDING FOR REVERSION OF FEE IN SAID LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Reconsider M&C Mayor Pro tempore Gilley made a motion, seconded by Council Member Webber, that C-12378 contract the City Council reconsider Mayor and Council Communication No. C-12378 for the award with Martin K. of contract to Martin K. Eby Construction Company, Inc., for Area III Secondary Eby Construction Treatment Rehabilitation, Phase IV -A (VCWWTP). When the motion was put to a vote by Company, Inc. the Mayor, it prevailed unanimously. denied Council Member Zapata excused himself from the Council table at this time. M&C C-12378 There was presented Mayor and Council Communication No. C-12378 (Reconsideration) reconsidered from the City Manager, as follows: SUBJECT: AWARD OF CONTRACT TO MARTIN K. EBY CONSTRUCTION COMPANY, INC. FOR AREA III SECONDARY TREATMENT REHABILITATION, PHASE IV -A (VCWWTP) RECOMMENDATION: It is recommended that the City Council: Minutes of City Council P-3 Page 294 tins M&C C-12378 cont. 1. Authorize a fund transfer in the amount of $5,068,000 from State Revolving Fund 42, Project No. 016901-00, Unspecified Plants to State Revolving Fund 42, Project No. 016002-00, Area III Secondary Treatment Rehabilitation, Phase IVA, (VCWWTP); and 2. Authorize the City Manager to execute a construction contract with Martin K. Eby Construction Company, Inc., for construction of the Area III Secondary Treatment Rehabilitation Phase IVA at the Village Creek Wastewater Treatment Plant on the low responsive bid of $5,068,000. PROJECT NO.: 42-016002-00 PROJECT DESCRIPTION: The work to be performed under this contract consists of structural modifications and replacement of aeration diffusers in Basins 9 through 13, installation of a final clarifier effluent line, construction of anew return sludge pump station, rehabilitation of an existing return sludge pump station and replacement of electrical feeds and controls in Secondary Treatment Area III. SUBMISSION OF BIDS: On November 30, 1989, the following bids for preselection of aeration equipment were received: BIDDER PHASE IIB Aercor Enviroquip Sanitaire Parkson $1,176,000 $1,422,419 $1,755,600 $1,760,793 Engineer's Estimate was $3,500,000.00 AREA III $457,000 $447,344 $723,800 $629,507 TOTAL $1,633,000 $1,869,763 $2,479,400 $2,390,300 Selection of vendor was based on the total amount for both projects. The apparent low bidder on the preselected aeration equipment, Aercor, has documented compliance with the City's DBE requirements. Based on recommendation by the Engineer, Aercor's bid was included in the General Contractor's bid proposal by addendum, and therefore the cost of the diffusers will be included in the Phase IVA construction contract. On April 26, 1990, the following construction bids were received: BIDDER AMOUNT BID TIME OF COMPLETION R. E. Hable $4,894,300 365 Working Days Martin K. Eby $5,068,000 Specified Temple Association $5,152,000 Gracon Construction $5,178,000 Red River $5,299,000 Goolsby NIWB $5,353,000 Four Thirteen Inc. $5,649,500 LEM Construction $5,723,000 Engineer's Estimate: $4,234,700 The low bidder, R. E. Hable, failed to comply with the City's DBE policy due to the late submittal of documentation of DBE participation. Martin K. Eby Construction Co. became the apparent low bidder on May 18, 1990, and submitted the required DBE participation information on May 24, 1990, within the required time, and was determined to be in compliance with the City's DBE policy. The project will be funded under the State Revolving Fund SRF2524. Award of contract must be approved by the Texas Water Development Board prior to execution of the contract. FINANCING: Sufficient funds are available to transfer from State Revolving Fund 42, Project No. 016901-00, Unspecified Plants. Upon approval and completion of Recommendation No. 1 in the amount of $5,068,000, sufficient funds will be available in State Revolving Fund 42, Project No. 016002-00, Area III Secondary Treatment Rehabilitation. Expenditures will be made from Index Code 642884. Mr. Lee BradleyII Mr. Lee Bradley, representing the Water Works Department, appeared before the City re M&C C-12378 Council and advised the City Council that the second low bidder's responsiveness to the Minutes of City Council P-3 Page 295 TUESDAY, JUNE 26, 1990 M&C C-12378 cont. bid has been reviewed; that a discrepancy was found; and that it is the recommendation of the staff that City Council rebid the project. Council Member Zapata assumed his chair at the Council table at this time. Asst. City Attornef Assistant City Attorney Gary Steinberger appeared before the City Council and Gary Steinberger advised the City Council that the Department of Law has not had an opportunity to re M&C C-12378 review the third lowest bidder to verify compliance and requested that, before the City Council adopts a motion to accept the third lowest bidder, the City Council continue Mayor and Council Communication No. C-12378 to allow staff an opportunity to review the responsiveness of the third lowest bidder. City Manager Ivory advised City Council of the significant amount of difference between the first lowest bidder and the third lowest bidder and advised City Council that staff is recommending that the contract for Area III Secondary Treatment Rehabilitation, Phase IV -A, be rebid. Asst. CMO Ramon ~1 Assistant City Manager Ramon Guajardo appeared before the City Council and advised Guajardo re M&C City Council that Mayor and Council Communication No. C-12378 needs to be denied and C-12378 that Council then needs to take action on Mayor and Council Communication No. G-8692. Council Member Zapata made a motion, seconded by Council Member Garrison, that Mayor and Council Communication No. C-12378, Award of Contract to Martin K. Eby Construction Company, Inc., for Area III Secondary Treatment Rehabilitation, Phase IV -A (VCWWTP), be denied. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-8692 re There was presented Mayor and Council Communication No. G-8692 from the City rejected all bids Manager stating that the City Council, on June 19, 1990, awarded a contract to for Area III Martin K. Eby Construction Company, Inc., for the construction of Area III Secondary Secondary Treat- Treatment Rehabilitation, Phase IV -A (VCWWTP); that a review of the proposal submitted ment Rehabilita- by Eby has resulted in the determination that Eby's bid is non-responsive; that, in tion, Phase IV -A lieu of expending the sum of $257,700.00 (the difference between the lowest bidder and the third lowest bidder), it is recommended that all bids be rejected and that the Water Department be authorized to re -bid the project; and recommending that the City Council reject all bids received for Area III Secondary Treatment Rehabilitation, Phase IV -A (VCWWTP) and authorize the Water Department to re -advertise for bids. On motion of Council Member Zapata, seconded by Council Member McCray, the recommendation was adopted. M&C C-12383 re There was presented Mayor and Council Communication No. C-12383 from the City agreement with Manager, as follows: Texas Utilities Electric Company SUBJECT: EXECUTION OF AGREEMENT FOR ELECTRICAL SYSTEMS IMPROVEMENTS, PHASE IVB, VCWWTP WITH TEXAS UTILITIES FOR TEMPORARY ELECTRICAL SERVICE AT VILLAGE CREEK WWTP RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Transfer funds in the amount of $21,084.00 from State Revolving Loan Fund 42, Project No. 016901-00, Unspecified Plants to State Revolving Loan Fund 42, Project 016003-00, Electrical Systems Improvements; and 2. Execute an agreement with Texas Utilities Electric Co. for installation of temporary electrical service in the amount of $21,084.00. PROJECT NO: 42-016003-00 PROJECT DESCRIPTION: The work to be performed under this contract consists of providing temporary electrical service that must be installed at the Generator/Blower Building to allow replacement of the existing service area. Installation of temporary service under a separate contract with the City allows the contractor to proceed without delay. Work includes 3 transformers with a service feeder from existing distribution lines. This project is funded under the State Revolving Loan Fund. Costs will be submitted for reimbursement by the Texas Water Development Board. FINANCING: Sufficient funds are available to transfer from State Revolving Loan Fund 42, Project No. 016901-00, Unspecified Plants. Upon approval and completion of Recommendation No. 1 in the amount of $21,084.00, sufficient funds will be available in State Revolving Loan Fund 42, Project No. 016003-00, Electrical Systems Improvements. Expenditures will be made from Index Code 642884. M&C C-12383 adoptel It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12383, be adopted. Minutes of City Council P-3 Page 296 TUESDAY, JUNE 26, 1990 &C C-12384 re There was presented Mayor and Council Communication No. C-12384 from the City exas Water Deve- Manager, as follows: opment Board SUBJECT: RESOLUTION REQUESTING TO BE INCLUDED ON THE TEXAS WATER DEVELOPMENT BOARD (TWDB) FISCAL YEAR 1991 INTENDED USE PLAN; AUTHORIZATION TO SUBMIT APPLICATION AND EXECUTE CONTRACT WITH THE TWDB FOR STATE WATER POLLUTION CONTROL LOAN FOR VILLAGE CREEK WASTEWATER TREATMENT PLANT RECOMMENDATION: It is recommended that the City Council: 1. Approve the attached Resolution requesting the City of Fort Worth be included on the Texas Water Development Board Fiscal Year 1991 Intended Use Plan; 2. Authorize the Mayor to certify approval of the above resolution; and 3. Authorize the City Manager to submit application to the Texas Water Development Board for projects identified as Village Creek Wastewater Treatment System Improvements: Phase II -C Expansion, Primary Treatment, and West Fork Collector, Segments 2 and 3, for State Water Pollution Control Revolving Fund loans and to execute a contract accepting such loans if offered. USCRTMONt In 1978 (M&C C-4148), the City of Fort Worth began a study of how best to collect, treat and dispose of wastewater for the next 20 years. To assist in funding the study, the City entered into an agreement with the EPA for the funding of 75% of the eligible costs. The agreement required the City to develop a facility plan in accordance with federal requirements. An approved facility plan also was a prerequisite for additional federal funding of future, more costly design and facility construction. A facility plan was completed and approved in July, 1984, at an approximate cost of 1.5 million dollars. Since approval of the facility plan, several grants have been accepted from the EPA for treatment plant improvements, including projects identified as Phases I -A-1, I -B-1 through 3, and I -C-2 and 3. The projects that remain to be constructed, as identified in the facility plan, are primarily related to treatment plant expansion and major sewer line improvements. The 1987 amendments to the Clean Water Act provide for a phase out of federal grants for wastewater system construction. In lieu of federal grants, a continuing wastewater system funding program consisting of low interest loans was approved for implementation by the states. The State of Texas approved a low interest program for wastewater systems in 1987 entitled the State Water Pollution Control Revolving Fund. The program is administered by the Texas Water Development Board (TWDB). The first year loan interest rate was 4%, with the second year loan interest rate at 5.5% The State will be considering approval of three Fort Worth wastewater system projects totaling $25,582,000 at their July 1990 public hearing. The anticipated interest rate is 6.0%, which is several basis points below the market rate. REQUESTED APPROVAL: Three major wastewater system projects are planned for construction in FY 1990: Village Creek Wastewater Treatment System Improvements: Phase II -C Expansion, Primary Treatment, and West Fork Collector, Segments 2 and 3. These projects have been submitted to the TWDB for inclusion in the low interest loan program. In order for these projects to be considered for loans in FY 1991, approval of the attached Resolution requesting to be included on the Texas Water Development Board Fiscal Year 1991 Intended Use Plan, as certified by the Mayor, is required. &C C-12384 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12384, be adopted. ntroduced an esolution Council Member Meadows introduced a resolution and made a motion that it be adopted. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Meadows, Webber, and Chappell NOES: None ABSENT: None Minutes of City Council P-3 Page 297 nn N .: TUESDAY, JUNE 26, 1990 The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1545 1545 11 RESOLUTION REQUESTING TO BE INCLUDED ON THE TEXAS WATER DEVELOPMENT BOARD FISCAL YEAR 1991 INTENDED USE PLAN THE STATE OF TEXAS COUNTY OF TARRANT CITY OF FORT WORTH WHEREAS, the City of Fort Worth, Texas (City) has reviewed its wastewater needs and found that it is necessary to construct wastewater facilities to meet those needs; WHEREAS, the City deems it necessary to express its interest and commitment to seek funds from the Texas Water Development Board's (Board) State Water Pollution Control Revolving Fund (SRF) in order to finance its wastewater needs; II WHEREAS, the City had determined that it has the financial capability to finance projects through the SRF to meet its wastewater needs. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 1. That the City will take the necessary actions to fund the projects designated as Phase II -C Expansion, Primary Treatment and West Fork Collector, Segments 2 and 3, through a loan from the SRF from the Texas Water Development Board. 2. That the City is hereby informing the Board of its desire to receive financial assistance in the amount of $25,582,000 from the Board's SRF. 6 3. That the City will file the engineering planning and environmental documentation portions of an application for a loan from the SRF on or before March 15 of the funding year, and will proceed as expeditiously as possible to secure a loan commitment from the Board. 4. That the City will strictly adhere to the project schedule negotiated with the Board and will meet all federal and state requirements. 5. That a certified copy of this Resolution shall be submitted to the Board to insure that the City will be included in the Fiscal Year 1991 Intended Use Plan. M&C C-12385 re There was presented Mayor and Council Communication No. C-12385 from the City Manager, as follows: contract with N.W. SUBJECT: CHANGE ORDER NO. 3 FOR MCLELAND TENNIS FACILITY COURT ENCLOSURE Construction Com- pany, Inc. (W & W CONSTRUCTION COMPANY, INC.) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Execute the following transfer of funds: FROM TO AMOUNT REASON 05-051011-00 05-041065-00 $11,500.00 To provide funds Index Code 625517 Index Code 625517 for additional Athletic Fields McLeland Tennis construction. Center 2. Approve Change Order No. 3 to City Secretary Contract No. 17464 with W & W Construction Company, Inc., for the McLeland Tennis Facility Court Enclosure in the amount of $5,273.00, increasing the total contract amount to $242,834.88. nTCriKgTON- On October 24, 1989 (M&C C-11952), the City Council authorized the City Manager to execute a contract with W & W Construction Company, Inc., in the amount of $210,250 to enclose the covered tennis courts at McLeland Tennis Facility. On April 9, 1990, Change Order No. 1 was approved in the amount of $2,906.40 for the widening of sidewalk, moving of existing irrigation and relocation of an existing fence on the west side of the facility to provide fire lane access. An additional seven (7) calendar days were approved for this work. Minutes of City Council P-3 Page 298 TUESDAY, JUNE 26, 1990 M&C C-12385 cont. On April 24, 1990 (M&C C-12291), Change Order No. 2 was approved in the amount of $24,405.48 to provide additional fire lane paving and striping, modify trench drains, provide plywood for interior walls, provide sealant on exterior walls, provide new fence hardware, provide panic devices and thresholds on two (2) doors, and to remove and replace the metal roof ridge cap. An additional twenty-eight (28) calendar days were approved for this work. Proposed Change Order No. 3 is needed to provide additional pads on equipment and other areas for safety of the using public and to provide additional bracing for the curtain support system that separates the two (2) enclosed tennis courts, along with some minor additional changes to the contract. PROPOSED CHANGE ORDER NO. 3: F This change order is required to: 1. Provide two (2) 12"x18" 16 gauge aluminum signs enameled white with 2" red lettering for a fire exit door. ADD $ 168.00 2. Provide waterproofing for exterior beams of solarium. ADD $ 308.00 3. Relocate referee chair from in front of entrance to other side of tennis court. ADD $ 168.00 4. Relocate electrical conduit, cut light track and re- locate four (4) lights for duct work. ADD $ 440.00 5. Delete installation of two (2) bleachers. DEDUCT $ (525.00) 6. Furnish and install new pads on face of three (3) air conditioning/heating ducts, around two (2) end support columns of center curtain and at two (2) deleted bleacher locations. ADD $2,087.00 7. Provide three (3) 3"x3" columns with baseplates bolted to floor and welded to curtain support above at ends and middle of center curtain; provide three (3) new angle clips at duct hangers on center cur- tain support system; remove two (2) fence posts at ends of center curtain and reattach plywood to new columns; paint columns and clips. ADD $2,627.00 TOTAL 5 273.00 An additional seven (7) calendar days is necessary for this work. Staff has reviewed all costs and time extension requests and believes them to be fair and reasonable for the proposed work. EFFECT OF PROPOSED CHANGE ORDER NO. 3: Original Contract Amount: $210,250.00 Approved Change Order Nos. 1 and 2: 27,311.88 Recommended Change Order No. 3: 5,273.00 Proposed New Contract Amount: $242,834.88 F. Approval of proposed Change Order No. 3 and previously approved change orders would represent a net increase of 15.5% over the original contract amount. FINANCING: Sufficient funds are available to transfer from Park and Recreation Fund 05, Project No. 051011-00, Athletic Fields, to Project No. 041065-00, McLeland Tennis Center, in the amount of $11,500.00. Upon completion of this bond fund transfer, sufficient funds for this change order and other site related improvements will exist in Fund 05, Project No. 041065-00. Expenditures will be made from Index Code 625517. It was the consensus of the City Council that the recommendations, as contained in M&C C-12385 adopte4l Mayor and Council Communication No. C-12385, be adopted. M&C C-12386 re There was presented Mayor and Council Communication No. C-12386 from the City contract with M & Manager, as follows: D Construction Company SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR SITE WORK FOR THE NORTH POLICE SECTOR HORSE BARNS TO M & D CONSTRUCTION COMPANY OF FORT WORTH Minutes of City Council P-3 Page 299 3() .0 TUESDAY, JUNE 26, 1990 IM&C C-12386 cont. II RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with M & D Construction Company for construction of site drainage work at the Northside Police Sector Headquarters Horse Barns for $27,810.90. DISCUSSION: In July, 1989, a request was made by the Police Department to correct a drainage problem at the existing horse barns at the Northside Police Sector Headquarters. A preliminary estimate was made to provide drainage structures for a cost of $20,000. In August, 1989, a request was made by the Citizens Support Group for the Fort Worth Police Mounted Patrol Unit to allow them to construct an additional eight -horse barn at the site. This request further complicated the site drainage. The design for the barn submitted by the support group was unacceptable for a building permit. The project was assigned to the Miscellaneous Architectural Projects Architect for a redesign of the barn and a comprehensive design of the site work needed to accommodate both the flooding problem at the existing barn and the inclusion of the new stables. Final plans of the barn were provided to the support group for their use in March, 1990. The support group will finance the cost of construction of the barn, but the site work is to be financed by the City. Contract drawings for the site work were completed in April, 1990; and the project was advertised for bids on April 26, and May 3, 1990. The estimate for the work was $27,000. RECEIPT OF BIDS: Three contractors submitted bid proposals on May 10, 1990 as follows: CONTRACTOR AMOUNT M & D Construction Company $27,810.90 Dickie Carr Paving Company 29,360.00 Architectural Utilities, Inc. $32,730.20 The low bid is above the estimate by $810.90 but within a reasonable range for the work involved and is recommended to be accepted. M & D Construction Company has complied with the City's policy on the participation of disadvantaged business enterprises on City projects. FINANCING: Sufficient funds are available in Special Trust Fund 72, Project No. 535000-00 to finance this project. Expenditures will be made from Index Code 403584, Contractual Services. M&C C-12386 adopte It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-12386, be adopted. M&C C-12387 re There was presented Mayor and Council Communication No. C-12387 from the City agreement with Manager, as follows: Golf International Inc. SUBJECT: AGREEMENT WITH GOLF AMERICARD RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into an agreement with Golf International, Inc. to market membership for the Golf Americard through the municipal golf course pro shops. nTCrilggTnN Golf International's Golf Americard is a promotional strategy designed to increase off-season play. Sold for $39.95 through the pro shops, the two green fees -for -one (with cart rental) promotion is valid weekdays only (excluding holidays) during winter months, October 1 through March 31. The term of the agreement will be for two years. FINANCING: Estimated revenue to Golf Fund 39 is expected to be $40,000 over the two year period of the agreement. Revenue will be deposited in Index Code 069013, Miscellaneous Revenue - Golf Management. M&C C-12387 adopte It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-12387, be adopted. M&C C-12388 re contract with There was presented Mayor and Council Communication No. C-12388 from the City Town of Haslet Manager, as follows: Minutes of City Council P-3 Page 300 3Q/1 TUESDAY, JUNE 26, 1990 IM&C C-12388 cont. II SUBJECT: THEAPPROVAL OFFHASO T SALE WATER CONTRACT AND INTERLOCAL AGREEMENT WITH TOWN RECOMMENDATION: It is recommended that the City Manager be authorized to execute: 1. A contract with the Town of Haslet for wholesale water service; and 2. An interlocal agreement with the Town of Haslet for repayment of construction costs. nTCrIiCCTnN- Contracts for wholesale water service with eighteen customer cities and boards were approved by Council on June 27, 1989. In addition, contracts with the Benbrook Water and Sewer Authority and Dalworthington Gardens were subsequently approved by Council in August and October, 1989, respectively. The Town of Haslet has had no previous water contract with the City of Fort Worth; therefore, a metering station and water line had to be constructed in order to provide them with water service. Haslet's portion of the costs of the construction and installation of the improvements will be repaid over a ten year period. The wholesale water contract with Haslet is essentially the same as that approved for other wholesale customers with minor modifications to recognize Haslet as a new customer. M&C C-12388 adopted On motion of Council Member Chappell, seconded by Council Member Webber, the recommendations, as contained in Mayor and Council Communication No. C-12388, were adopted. _ Mayor Pro tempore Gilley requested that a work session be scheduled to explain how wholesale water customer city contracts work. M&C C-12389 re There was presented Mayor and Council Communication No. C-12389 from the City contract with Manager, as follows: Kaiser Foundation Health Plan of SUBJECT: CANCELLATION OF CITY SECRETARY CONTRACT NO. 17746 AND AUTHORIZATION Texas TO EXECUTE CONTRACT WITH KAISER FOUNDATION HEALTH PLAN OF TEXAS FOR COMMUNITY FACILITIES TO SERVE MEDICAL CENTER LOT 1A, BLOCK 1 RECOMMENDATION: It is recommended that the City Council: 1. Cancel that certain document identified as City Secretary Contract No. 17746 and declare it void and of no force and effect; and 2. Authorize the City Manager to execute a contract with Kaiser Foundation Health Plan of Texas for the installation of community facilities to serve the development known as Medical Center Lot 1A, Block 1, an addition to the City of Fort Worth, Texas. nTCrIICCTnN- On March 8, 1990, the City Council, by M&C C-12200, authorized the City Manager to execute a contract (identified as City Secretary Contract No. 17746) with Kaiser Permanente for the installation of community facilities to serve the development known as Medical Center Lot 1A, Block 1, an addition to the City of Fort Worth. Subsequent to the execution of City Secretary Contract No. 17746, the City of Fort Worth was informed by the developer that the developer's legal name is not Kaiser Permanente, but rather Kaiser Foundation Health Plan of Texas; that the person who signed the contract on behalf of Kaiser Permanente was not authorized to sign contracts for the developer; and that there is no contract existing between the City and the developer, Kaiser Foundation Health Plan of Texas. Therefore, it is necessary that the City Council cancel that certain document identified as City Secretary Contract No. 17746 and declare it void and of no force and effect. Further, it is necessary that the City Council authorize the City Manager to execute a contract with Kaiser Foundation Health Plan of Texas, a Texas nonprofit corporation, for the installation of community facilities to serve Medical Center Lot 1A, Block 1, an addition to the City of Fort Worth, Texas. FINANCING: Sufficient funds are available pursuant to M&C C-12200. Minutes of City Council P-3 Page 301 TUESDAY, JUNE 26, 1990 M&C C-12389 cont. On motion of Council Member Garrison, seconded by Council Member Meadows, the and adopted recommendations, as contained in Mayor and Council Communication No. C-12389, were adopted. M&C C-12390 re There was presented Mayor and Council Communication No. C-12390 from the City amendment to Job Manager, as follows: Training Partner- SUBJECT: AMENDMENT TO JOB TRAINING PARTNERSHIP ACT TITLE IIA CONTRACT WITH ship Act Title 70001 TRAINING AND EMPLOYMENT INSTITUTE IIA RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an amendment to the PY'89 Title IIA contract with 70001 Training and Employment Institute for the Learning Opportunities Centers. This amendment will extend the ending date of the contract to July 31, 1990, and add $27,170 for a total contract amount of $353,221. DISCUSSION: On August 8, 1989 (M&C C-11795), the City of Fort Worth entered into a contract with 70001 Training and Employment Institute for the provision of services under the Job Training Partnership Act (JTPA), Title IIA for the period July 1, 1989 to June 30, 1990. The Learning Opportunities Centers are designed to provide computer assisted instructional activities in basic educational skills and GED preparation for out of school youth between the ages of 16 and 21. The services are provided at two (2) locations serving approximately 240 participants on a yearly basis. On June 8, 1990 a Request for Proposal (RFP) was issued to secure additional bids for the provision of services at the Learning Opportunities Centers. Extension of the current contract with 70001 Training and Employment Institute will allow for services to be continued at the Learning Centers during the process of selecting another service provider. FINANCING: Financing for this contract amendment is contingent upon execution of the Title IIA contract with Texas Department of Commerce for 1990. M&C C-12390 adoptei It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-12390, be adopted. &C C-12391 re There was presented Mayor and Council Communication No. C-12391 from the City ontract with Manager, as follows: exas Employment SUBJECT: CONTRACT WITH THE TEXAS EMPLOYMENT COMMISSION (PY90) - TITLE III ommi ssi on DISLOCATED WORKERS PROGRAM RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract in the amount of $233,228.00, contingent on the execution of the contract with the grantor agency, Texas Department of Commerce, with the Texas Employment Commission (TEC) for implementation of services for Dislocated Workers under the Job Training Partnership Act Title III for the contract period July 1, 1990 through June 30, 1991. DISCUSSION: On May 8, 1990 (M&C C-12313), the City Council authorized the City Manager to execute a contract with the Texas Department of Commerce (TDOC) in the amount of $1,116,419.00 to implement a Dislocated Workers Program for the period July 1, 1990 through June 30, 1991. As part of the program implementation plan, The Working Connection indicated its intention to subcontract some of the Title III services. A request for proposal was issued soliciting proposals from community based agencies/ organizations interested in providing services under this title. On June 7, 1990 the Private Industry Council reviewed proposals and approved TEC as the subcontractor for the Title III Dislocated Workers Program. The services TEC will provide are: vocational assessment, job search assistance seminar, job development, and placement. &C C-12391 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-12391, be adopted. &C C-12392 re There was presented Mayor and Council Communication No. C-12392 from the City ontract with Manager, as follows: ort Worth Teen o ur t, Inc. SUBJECT: CONTRACT WITH FORT WORTH TEEN COURT, INC. Minutes of City Council P-3 Page 302 &C C-12392 cont. 393 TUESDAY, JUNE 26, 1990 RECOMMENDATION: It is recommended that the City Council: 1. Authorize the assessment of a fee of $10 for participants in the Teen Court program to cover administrative costs; 2. Approve the attached supplemental appropriations ordinance increasing estimated receipts by $936 in the General Fund 01 and appropriations by the same amount in the General Fund 01, Municipal Court, Account No. 38-10-00 from increased revenues, for the period from July 1, 1990 through September 30, 1991; and 3. Authorize the City Manager to execute an agreement with Fort Worth Teen Court, Inc., from July 1, 1990 through September 30, 1991, to make available Teen Court to juveniles appearing before Fort Worth Municipal Court. DISCUSSION: In 1987, the Junior League of Fort Worth presented a proposal to the City Council to implement a teen court program. They agreed to fund staffing and administrative costs, if the City would provide office facilities and a courtroom. Teen Court is a voluntary alternative to the Municipal Court for teenagers (less than 17 years of age) through which hours of community service and jury terms are assessed. After receiving City Council approval, Fort Worth Teen Court, Inc. began operation October 5, 1987. Since its inception, about 600 defendants have participated in the program, involving about 1,000 offenses. About 32,000 hours have been assessed, with an average of 57 per defendant. Only about 90 participants have dropped out of the program. The Chief Judge views this program as extremely beneficial, given the age of the defendants. FUNDING PROPOSAL: The Junior League has been the primary funding source for Teen Court since October 5, 1990. A recent change in State law allows Municipal Courts to assess a fee of up to $10 from persons who request to participate in a teen court program to cover administrative costs. The $10 fee is a maximum and it can be waived or reduced at the judge's discretion. Fort Worth Teen Court, Inc. had requested that the City begin assessing this fee, effective July 1, 1990, and making the revenue generated available to offset the cost of operating the Teen Court. The Teen Court Executive Director, Chief Judge and Director of Court Services has reviewed the level of activity of the Teen Court and have estimated that about $936 will be generated for the remainder of the 1989-90 fiscal year, assuming the fee is implemented on July 1, 1990.. In order to credit the revenue to Teen Court, it will be necessary for City Council to approve a supplemental appropriation of $936 for Municipal Court. At the end of each month, a tabulation will be made of the actual amount collected and a check will be sent to Teen Court. The 1990-91 proposed budget will include $3,500 as a revenue estimate from fees and an offsetting amount for Teen Court expenditures. I.f the fees collected exceed the amount budgeted, the City Council will be asked to approve an additional appropriation for Municipal Court. If the fees collected are less than $3,500, Teen Court will receive the amount actually collected. Attached is a copy of the agreement with Fort Worth Teen Court, Inc. and a supplemental appropriation ordinance increasing Municipal Court expenditures by $936 for the remainder of this fiscal year. Implementation of this administrative fee was recommended by the City Council Court Committee during its meeting on April 24, 1990. FINANCING: Upon adoption of the supplemental appropriations ordinance, sufficient funds will be available in General Fund 01, Municipal Court Department, Account No. 38-10-00. The expenditure will be made from Index Code 214767. &C C-12392 adopted On motion of Council Member Chappell, seconded by Council Member Zapata, the recommendations, as contained in Mayor and Council Communication No. C-12392, were adopted. ntroduced an Council Member Chappell introduced an ordinance and made a motion that it be rdinance adopted. The motion was seconded by Council Member Zapata. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: Minutes of City Council P-3 Page 303 3(,14 TUESDAY, JUNE 26, 1990 AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Meadows, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10625 10625 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE GENERAL FUND 01, OF THE CITY OF FORT WORTH FOR THE FISCAL YEAR 1989-90 BY THE SUM OF $936 AND APPROPRIATING SAID $936 TO THE GENERAL FUND 01, MUNICIPAL COURT, ACCOUNT NO. 38-10-00 FOR THE PURPOSE OF FUNDING A TEEN COURT FOR JUVENILES APPEARING BEFORE FORT WORTH MUNICIPAL COURT; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C C-12393 re There was presented Mayor and Council Communication No. c-12393 from the City Southeast Landfill Manager, as follows: Expansion SUBJECT: SOUTHEAST SANITARY LANDFILL EXPANSION - CHANGE ORDER NO. 2 (T.J. LAMBRECHT & COMPANY) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in City Landfill Improvements Fund 32, Project No. 011000-00, Interest Portfolios, in the amount of $21,135.28 and Project No. 001100-00, Southeast Landfill Modifications, in the amount of $188,877.28, and 2. Adopt the attached supplemental appropriations ordinance increasing appropriations by $600,000 in Solid Waste Fund 64, Account No. 21-10-01, Administration, and decreasing Solid Waste Fund 64 unreserved retained earnings by the same amount. 3. Authorize the City Manager to approve the following fund transfers: FROM 32-011000-00 City Landfill Improvements, Interest Port- folios 32-001100-00 City Landfill Improvements, Southeast Landfill Mod- ifications 32-001107-00 City Landfill Improvements, Waste Reloca- tion 32-099101-00 City Landfill Improvements, Bond Fund Sale Expense 64-21-10-01 Solid Waste Fund, Admin- istration TO AMOUNT 32-001106-00 $ 21,135.28 City Landfill Improvements, S. E. Landfill Construction 32-001106-00 City Landfill Improvements, S. E. Landfill Construction 32-001106-00 City Landfill Improvements, S. E. Landfill Construction 32-001106-00 City Landfill Improvements, S. E. Landfill Construction 32-001106-00 City Landfill Improvements, S. E. Landfill Construction 188,877.28 73,127.33 337.00 600,000.00 Minutes of City Council P-3 Page 304 REASON To provide addi- tional funds for final landfill construction V5 TUESDAY, JUNE 26, 1990 M&C C-12393 cont. 4. Authorize the City Manager to execute Change Order No. 2 to City Secretary Contact No. 17649 with T. J. Lambrecht & Co. in the amount of $883,476.89 providing for additional waste excavation of various classes, additional onsite borrow material for class III earthfill, additional pumping of contaminated storm water, and additional clearing and grubbing. DISCUSSION: On January 30, 1990 (M&C C-12134), the City Council awarded a construction contract to T. J. Lambrecht & Co. in the amount.of $4,807,417.67 for modifications to the landfill site. This contract was amended on April 3, 1990 (M&C C-12266) to provide for the excavation of additional waste material discovered during construction in the amount of $646,500. As construction has progressed, additional pockets of debris and previously landfilled waste have been discovered in the floodplain of Village Creek. These volumes, amounting to about 67,000 cubic yards, must be excavated and re -landfilled to comply with the terms of the landfill permit. In addition, these volumes, together with the volumes provided for in change order no. 1, cause a shortfall in the fill material available onsite which quantities must be increased to fill the excavated areas. The extensive rains in April and May have greatly increased the volume of contaminated water which must be handled during construction. The contractor has proposed to handle the additional water for $4,137.09. Some additional clearing and grubbing to accommodate a relocated access road is necessary due to the design changes after bidding. This additional charge will amount to $1,945.80. The total of all additional excavation items amounts to $501,612.00 at already established unit prices. The total of all earthfill and borrow items amounts to .$375,782. The total proposed change order amount is $883,476.89. Although the amount of this change order will cause the normal 25% limit on change orders to be exceeded, the Department of Law has rendered a legal opinion that the statutory limitation does not apply to this type of contract because it is "a procurement necessary to preserve and protect the public health and safety of the municipality's residents." (Tx. Loc. Govt. Code, Section 252.022) FINANCING: Sufficient funds area available for transfer from City Landfill Improvements Fund 32, Project No. 001107-00, Waste Relocation and Project No. 099101-00, Bond Fund Sale Expense. Upon approval and completion of Recommendation Nos. 1, 2, and 3, sufficient funds will be available in City Landfill Improvements Fund 32, Project No. 001106-00, Southeast Landfill Construction. Expenditures will be made from Index Code 682344. M&C C-12393 adoptec It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12393, be adopted. Introduced an Council Member Meadows introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Meadows, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10626 10626 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE CITY LANDFILL IMPROVEMENTS FUND 32, PROJECT NO. 011000-00, INTEREST PORTFOLIOS, OF THE CITY OF FORT WORTH FOR THE FISCAL YEAR 1989-90 BY THE SUM OF $21,135.28, AND PROJECT NO. 001100-00, SOUTHEAST LANDFILL MODIFICATIONS BY THE SUM OF $188,877.28 AND APPROPRIATING SAID $21,135.28 AND $188,877.28 TO THE CITY LANDFILL IMPROVEMENTS FUND 32, PROJECTS NO. 011000-00 AND 001100-00, RESPECTIVELY, FOR THE PURPOSE OF TRANSFERRING SAID AMOUNTS TO THE CITY LANDFILL IMPROVEMENTS FUND 32, PROJECT NO. 001106-00, S.E. LANDFILL CONSTRUCTION FOR FINAL LANDFILL CONSTRUCTION; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Minutes of City Council P-3 Page 305 TUESDAY, JUNE 26, 1990 Ordinance No. 10 626 cont. 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. Introduced an Council Member Meadows introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Meadows, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No.II ORDINANCE NO. 10627 10627 AN ORDINANCE INCREASING APPROPRIATIONS IN THE SOLID WASTE FUND 64, ACCOUNT NO. 21-10-01, ADMINISTRATION, OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1989-90 BY THE SUM OF $600,000 AND DECREASING THE UNRESERVED, UNDESIGNATED RETAINED EARNINGS OF THE SOLID WASTE FUND 64 BY THE SAME AMOUNT FOR THE PURPOSE OF TRANSFERRING SAID $600,000 TO THE CITY LANDFILL IMPROVEMENTS FUND 32, TO PROVIDE ADDITIONAL FUNDS FOR FINAL LANDFILL CONSTRUCTION; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. Z-90-044 It appearing to the City Council that, at the regularly -scheduled City Council meeting of June 19, 1990, the City Council continued the hearing from day to day and from time to time and especially to the meeting of June 26, 1990, in connection with the application of Manhattan Associates Leasing Company, LTD., for a change in zoning of property located at 904 and 908 Dixon Street from "B" Two -Family to "I" Light Industrial, Zoning Docket No. Z-90-044, for vote only, Mayor Bolen asked if there was anyone present desiring to be heard. Council Member Webber made a motion, seconded by Mayor Pro tempore Gilley, that the application of Manhattan Associates Leasing Company, LTD., for a change in zoning of property located at 904 and 908 Dixon Street from "B" Two -Family to "I" Light Industrial, Zoning Docket No. Z-90-044, be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. It appearing to the City Council that, at the regularly -scheduled City Council meeting of June 12, 1990, the City Council continued the hearing in connection with the Z-90-045 application of Tarantula Corporation/ Fort Worth and Western Railroad for a change in zoning of property located at 2000 through 2500 8th Avenue (North 1-1/2 of Avenue Rail Yard, from "I" Light Industrial to "PD/SU" Planned Development/Specific Use for all uses in the "I" Light Industrial District which can be associated with the operation of a railroad passenger train station, including a railroad restoration and museum facility with associated uses including but not limited to the offices, restoration, repair, maintenance, storage, and related activities for steam era rail locomotives, rail passenger coaches, and freight cars; allow for maintenance of diesel locomotives and freight cars, limited to repair and replacement of parts; sale of alcoholic beverages is permitted for catered activities; restaurants may also serve alcoholic beverages as part of the restaurant operation; however, the uses allowed shall not include: sexually -oriented business, bowling alley, pawn shops, cereal meals, chicken batteries or brooders, coal, coke, or woodyards, motor vehicle junk -yards, feed stores, bars, beer gardens, cocktail lounges, drive-in, lounges, nightclubs, or taverns, with site plan recommended to be required, Zoning Docket No. Z-90-045, Mayor Bolen asked if there was anyone present desiring to be heard. Correspondence from Mildred Padon City Secretary Howard called attention of the City Council to correspondence from and from James R. Mildred Padon, Curator of Layland Museum in Cleburne, Texas, and correspondence from Nichols about the James R. Nichols, Chairman of the Board of the Fort Worth Convention and Visitors' Tarantula Rai 1 road Bureau, expressing support for the Tarantula Railroad project. project Minutes of City Council P-3 Page 306 TUESDAY, JUNE 26, 1990 Council Member Council Member Chappell made a motion, seconded by Mayor Pro tempore Gilley, that Chappell re the application of Tarantula Corporation/Fort Worth and Western Railroad for a change Z-90-45 in zoning of property located at 2000 through 2500 8th Avenue (north one-half of 8th Vernie Barber and Avenue railyard) from "I" Light Industrial to "PD/SU" Planned Development/Specific Use Mrs. Marjorie Hoer for all uses in the "I" Light Industrial district plus the operation of a railroad re Tarantula Train passenger train station, including a railroad restoration and museum facility with Project associated uses including offices, restoration, repair, maintenance, storage, and related activities for steam era rail locomotives, rail passenger coaches and freight z-90-045 cars; the maintenance of diesel locomotives and freight cars shall be limited to minor repair and replacement of parts. Sale of alcoholic beverages is permitted for catered activities. Restaurants may also serve alcoholic beverages as part of the restaurant operation. The following uses are prohibited: sexually -oriented business, bowling alley, pawn shops, cereal mills, chicken batteries or brooders, coal, coke, or woodyards, motor vehicle junk -yards, feed stores, bars, beer gardens, cocktail lounges, drive-ins, lounges, night clubs or taverns. Site plan required, Zoning Docket No. Z-90-045, be approved. Mr. Jimmy Davis re Mr. Jimmy Davis, President of the J.B. Davies, Inc., representing Tarantula Tarantula Corp. Corporation/Fort Worth and Western Railroad, appeared before the City Council and Z-90-45 advised City Council that Tarantula Corporation is in agreement with the proposed amendments relative to Zoning Docket No.. Z-90-045. Mr. Lee Rogers re Mr. Lee Rogers, 2417 Stanley, representing Berkley Place Association, appeared Tarantula Z-90-45 before the City Council and advised City Council that Berkley Place Association is in favor of the Tarantula excursion train on a conditional basis upon three provisions to help lessen the impact of the 8th railyards upon historal neighborhoods of Berkley, Elizabeth Avenue, and Ryan Place and expressed the hope that there will be construction of a noise buffer as well as a fence between the homes directly effected by the Tarantula project and that only minor repairs will be made. Ms. Diane Dryden r Ms. Diane Dryden, 2212 Huntington Lane, Secretary of the Berkley Neighborhood Tarantula Z-90-45 Association, appeared before the City Council and advised the City Council that Berkley Neighborhood Association supports the excursion train. Chip Diano, Dave Messrs. Chip Diano, Dave.Brittain, Drew Ferguson, and Vernie Barber, and Brittain, Drew Mrs. Marjorie Hoera appeared before the City Council and spoke in support of the Ferguson, and Tarantula Train Project. Vernie Barber and Mrs. Marjorie Hoer When the motion, that the application of Tarantula Corporation/Fort Worth and re Tarantula Train Western Railroad for a change in zoning of property located at 2000 through 2500 8th Project Avenue (north one-half of 8th Avenue Rail Yard, from "I" Light Industrial to "PD/SU" Planned Development/Specific Use for all uses in the "I" Light Industrial district plus z-90-045 the operation of a railroad passenger train station, including a railroad restoration and museum facility with associated uses including offices, restoration, repair, maintenance, storage, and related activities for steam era rail locomotives, rail passenger coaches and freight cars; the maintenance of diesel locomotives and freight cars shall be limited to minor repair and replacement of parts. Sale of alcoholic beverages is permitted for catered activities. Restaurants may also serve alcoholic beverages as part of the restaurant operation. The following uses are prohibited: sexually -oriented business, bowling alley, pawn shops, cereal mills, chicken batteries or brooders, coal, coke or woodyards, motor vehicle junk -yards, feed stores, bars, beer gardens, cocktail lounges, drive-ins, lounges, night clubs or taverns. Site plan required, Zoning Docket No. Z-90-045, be approved, was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member Chappell introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Meadows,.Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10628 10628 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 3011, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS AND SHOWING SUCH DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. Minutes of City Council P-3 Page 307 3(-%s TUESDAY, JUNE 26, 1990 r dinance No.II BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 0628 cont. SECTION 6. That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than One Thousand Dollars ($1,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Reconsidered M&C - Council Member Zapata made a motion, seconded by Mayor Pro tempore Gilley, that G-8665 Mayor and Council Communication No. G-8665 be reconsidered at this time. When the motion was put to a vote by the Mayor, it prevailed unanimously. SC 6-8665 re There was presented Mayor and Council Communication No. G-8665, dated June 12, ater and Waste- 1990, from the City Manager, as follows: ater Impact Fees SUBJECT: ADOPTION OF WATER AND WASTEWATER IMPACT FEES RECOMMENDATION: It is recommended that the City Council amend City Ordinance No. 10601, by adding Section III to Schedule 2, providing for water and wastewater impact fees effective January 1, 1991. DTSMISSTON! On June 5, 1990, the City Council adopted City Ordinance No. 10601, providing for the assessment and collection of water and wastewater impact fees. The ordinance established a maximum impact fee assessment per service unit of $839 and $1,285 for water and wastewater facilities, respectively, as set forth in Schedule 1. City Council also established a collection schedule, Schedule 2, Parts I and II, which is the amount of the impact fee per service unit which would actually be collected. Part I of Schedule 2 identifies the charges in place from June 11, 1990 through September 30, 1990 and Part II references the fees to be charged per service unit from October 1, 1990 through December 30, 1990. Parts I and II established fees only for wastewater. Part III of Schedule II are the recommended fees per service unit to be effective January 1, 1991. for both water and wastewater. These schedules would also be applicable to collection of access fees from wholesale customers. Council Member Zapata made a motion, seconded by Mayor Pro tempore Gilley, to amend his previous motion on Mayor and Council Communication No. G-8665, that the water impact fee be collected at 30 percent now and with increments of 10-10-10-20-20 to reach 100 percent at the end of five years and by adding the October 1st date. When the motion was put to a vote by the Mayor, it prevailed unanimously. s. Candace Arnett e painting of The Ms. Candace Arnette, 6308 Firth Road, appeared before the City Council regarding wimming Hole the painting, The Swimming Hole, and questioned whether or not the $10,000,000.00 received for the painting would be used for private or public use and requested that the City Council resolve the issue of what will happen to the painting and advised the City Council of many alleged gray areas involving ownership of the painting. Mr. J.W. Bryant Mr. J.W. Bryant, 609 Verna Trail North, appeared before the City Council and re purchase of The advised City Council that the $10,000,000.00 for The Swimming n Hole would help the tax Swimming Hole payers of the City of Fort Worth and suggested that the Ci y take the money and place $300,000.00 or $400,000.00 into a fund in order not to charge the children upon their entrance to the Museum of Science and History. Council Member Chappell requested that the staff be instructed to place an executive session on the agenda regarding the purchase of The Swimming Hole painting within the next two weeks. Deacon Timms re Deacon Timms, 944 East Bowie, representing the Community of Christians for Full information on the Representation, appeared before the City Council and requested that he receive bond program something in writing that would show where his area is being represented in the bond package. Mayor Bolen advised Deacon Timms that staff is available to explain the bond package to any organizations and to present a list of the streets that are proposed in the bond election. d journed There being no further business, the meet, CITY SECRETARY Minutes of City Council P-3 Page 308