HomeMy WebLinkAboutContract 26251 CITY SECY
CON RACTTNO
CONSENT AGREEMENT
STATE OF TEXAS $
COUNTY OF TARRANT
THIS AGREEMENT is made and entered into by and between the
City of Fort Worth, a municipal corporation of Tarrant County,
Texas , acting herein by and through its duly authorized City
Manager or duly -designated Assistant City Manager, hereinafter
referred to as the "City" , and _ Steak and Ale of Texas, Inc. , d/b/a
Bennigan's
acting herein by and through its duly authorized Senior Vice
President, Todd M. Watson
hereinafter referred to as "Grantee" .
W I T N E S S E T H
1 .
For and in consideration of the payment by Grantee of the
application charge set out below and the true and faithful per-
formance of the mutual covenants herein contained, City hereby
grants to Grantee permission to encroach upon, use and occupy
portions of the space under, on and/or above the streets, alleys,
sidewalks and other public rights-of-way as follows:
Awnings extending approx. 2 '-0" over the sidewalk and a To Cts
.Sign extending approx. 45" over the sidewalk and a hii.lding sign
extending approx. 7 '-1" over the sidewalk.
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The location and description of said encroachment is more particu-
larly described in Exhibit "A" , attached hereto, incorporated
herein and made a part hereof for all purposes .
2 .
All construction, maintenance and operation in connection
with such encroachment, use and occupancy shall be performed in
strict compliance with the Charter, Ordinances and Codes of the
City and in accordance with the directions of the Director of
Transportation and Public Works of City, or his duly authorized
representative. All plans and specifications therefor shall be
subject to the prior written approval of the Director of
Transportation and Public Works, or his duly authorized represen-
tative, but such approval shall not relieve Grantee of responsi-
bility and liability for concept, design and computation in the
preparation of such plans and specifications.
3 .
Upon completion of construction and thereafter, there shall
be no encroachments in, under, on or above the surface area of
the streets , alleys, sidewalks and other public rights-of-way
involved, except as described herein and shown on. the -here4nabove
referred to Exhibit "All . r0 N 5 E Ir °Eu�
4 . Uo
Grantee, at no expense to City, shall make proper provision
for the relocation and/or installation of any existing or future
utilities affected by such encroachment use a.nd occupancy ,
including the securing of approval and consent from the utility
companies and the appropriate agencies of the State and its polit-
ical subdivisions . In the event that any installation, reinstal-
lation, relocation or repair of any existing or future utility or
improvements owned by, constructed by or on behalf of the public
or at public expense is made more costly by virtue of the con-
struction, maintenance or existence of such encroachment and use,
Grantee shall pay to City an additional amount equal to such
additional cost as determined by the Director of Transportation
and Public Works of the City, or his duly authorized representa-
tive.
5.
City may enter and utilize the referenced areas at any time
for the purpose of installing or maintaining improvements neces-
sary for the health, safety and welfare of the public or for any
other public purpose. In this regard, City shall bear no respon-
sibility or liability for damage or disruption of improvements
installed by Grantee or its successors, but City will make reason-
able efforts to minimize such damage.
6 .
In order to defray all costs of inspection and supervision
which City has incurred or might incur as a result of the con-
struction or maintenance of the encroachments and uses provided
for by this agreement, Grantee agrees to pay to City St the time
'C
this
this agreement is executed an application charge in the sum of
Three Hundred Dollars Dollars ($ 300 . 00 ) . � � o
7 .
The initial term of this agreement shall be thirty ( 30)
years, commencing on the date this agreement is executed.
8 .
Upon the termination of this agreement for any reason what-
soever, Grantee shall, at the option of City and at no expense to
City, restore the public right-of-way and adjacent supporting
structures to a condition acceptable to the Director of
Transportation and Public Works, or his duly authorized repre-
sentative, and in accordance with then existing City specifica-
tions .
9 .
It is further understood and agreed between the parties
hereto that the City streets, alleys, sidewalks and other public
rights-of-way, including the portions of such streets, alleys,
sidewalks and other public rights-of-way to be used and
encroached upon as described herein, are held by City as trustee
for the public; that City exercises such powers over the streets
as have been delegated to it by the Constitution of the State of
Texas or by the Legislature; and that City cannot contract away
its duty and its legislative power to control the streets for the
use and benefit of the public . It is accordingly agreed that if
the governing body of City, to wit, its City Council, should at
any time during the term hereof determine in its sol scretion
pJl
to use or cause or permit the said portions of the streets,
alleys, sidewalks and other public rights-of-ways to be used for
any other public purpose, including but not being limited to
underground, surface or overhead communication, drainage, sani-
tary sewerage, transmission of natural gas or electricity, or any
other public purpose, whether presently contemplated or not, then
this agreement shall be automatically cancelled and terminated.
10 .
Grantee understands and agrees that the granting of any
encroachment hereunder is not meant to convey to Grantee any
right to use or occupy property in which a third party may have
an interest, and Grantee agrees that it will obtain all necessary
permission before occupying such property.
11 .
Grantee agrees to comply fully with all applicable federal,
state and local laws, statutes, ordinances, codes or regulations
in connection with the construction, operation and maintenance of
said encroachments and uses .
12 .
Grantee agrees to pay promptly when due all fees, taxes or
rentals provided for by this agreement or by any federal, state
or local statute, law or regulation. Gl�
13 .
Grantee covenants and agrees that it shall operate hereunder
as an independent contractor as to all rights and privileges
granted hereunder and not as an officer, agent, servant or
employee of City; that Grantee shall have exclusive control of
and the exclusive right to control the details of its operations,
and all persons performing same, and shall be solely responsible
for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors , licensees and invitees;
that the doctrine of respondeat superior shall not apply as
between City and Grantee , its officers , agents , servants ,
employees , contractors and subcontractors, and nothing herein
shall be construed as creating a partnership or joint enterprise
between City and Grantee .
14 .
Grantee covenants and agrees to indemnify, and does hereby
indemnify, hold harmless and defend City, its officers , agents,
servants and employees , from and against any and all claims or
suits for property damage or loss and/or personal injury,
including death, to any and all persons, of whatsoever kind or
character, whether real or asserted, arising out of or in connec-
tion with, directly or indirectly, the construction, maintenance,
occupancy, use, existence or location of said encroachment and
uses granted hereunder, whether or not caused, in whole or in
part, by alleged negligence of officers , agents , servants,
employees, contractors , subcontractors, licensees or invitees of
City; and Grantee hereby assumes all liability and responsibility
for such claims or suits . Grantee shall likewise assume all
liability and responsibility and shall indemnify City for any and
all injury or damage to City property arising out of or in connec-
tion with any and all acts or omissions of Grantee, its officers,
agents, servants, employees, contractors, subcontractors, licen-
sees, invitees, or trespassers . ULE C'-O" DD
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15 .
Grantee agrees to furnish City with a Certificate of
Insurance, naming City as certificate holder, as proof that it
has secured and paid for a policy of public liability insurance
covering all public risks related to the proposed use and
occupancy of public property as located and described in
Exhibit "A" . The amounts of such insurance shall be not less
than the following:
Property damage, per occurrence $100, 000
Bodily injury, per person $250, 000
Bodily injury or death, per occurrence $500, 000
with the understanding of and agreement by Grantee that such
insurance amounts shall be revised upward at City's option and
that Grantee shall so revise such amounts immediately following
notice to Grantee of such requirement. Such insurance policy
shall provide that it cannot be cancelled or amended without at
least ten ( 10) days ' prior written notice to the Building
Official of the City of Fort Worth. A copy of such Certificate
of Insurance is attached as Exhibit "B" . Grantee agrees to
submit a similar Certificate of Insurance annually to City on the
anniversary date of the execution of this agreement.
Grantee agrees, binds and obligates itself, its successors , _
and assigns, to maintain and keep in force such public liability
insurance at all times during the term of this agreement and
until the removal of all encroachments and the cleaning and
restoration of the City streets . All insurance coverage required
herein shall include coverage of all of Grantee's contractors .
16 .
Grantee agrees to deposit with City when this agreement is
executed a sufficient sum of money to be used to pay necessary
fees to record this Consent Agreement in its entirety in the deed
records of Tarrant County, Texas . After being so recorded, the
original hereof shall be returned to the City Secretary of the
City of Fort Worth, Texas .
17 .
In any action brought by City for the enforcement of the
obligations of Grantee, City shall be entitled to recover
interest and reasonable attorneys ' fees .
18 .
Grantee covenants and agrees that it will not assign all or
any of its rights, privileges or duties under this contract with-
out the prior written approval of City, and any attempted assign-
ment without such prior written approval shall be void.
19 .
This agreement shall be binding upon the parties hereto,
their successors and assigns .
EXECUTED this q4'�' day of OC_}o6e _ , 1-9—
CITY OF . F WO H GRANTOR STEAK AND ALE OF TEXAS IVCGRANTEE
d;/b/a nnigan's
By: B
Mike Groomer, st. City Manager To M. Watson
AITT ST: Senior Vice President
/,9236 C=
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Contract Authorization
Ci y Secretary,
APPRO AS;21077 AND LEGALITY: Date
City A torney
STATE OF TEXAS
COUNTY OF TARRa= COLLIN
BEFORE ME, the undersigned authority , a Notary Public in and
for the State of Texas , on this day personally appeared
Todd M. Watson , known to me to be the person whose
name is subscribed to the foregoing instrument , and acknowledged
to me that he/she executed the same for the purposes and consider-
ation therein expressed, as the act and deed of Steak and Ale of
Texas, Inc. and in the capacity therein stated .
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 31st day of
August , x_jcgc 2000,
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Notary Public in and o3 �;o._
the State of Texas
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STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority , a Notary Public in and
for the State of Texas , on this day personally appeared
Mike Groomer known to me to be the person whose
name is subscribed to the foregoing instrument , and acknowledged
to me that he/she executed the same for the purposes and consider-
ation therein expressed, as the act and deed of the City of Fort
Worth, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this qday of
6G-Eobe2 -�9-ZOOS?
Y PATRICIA A. GARCIA
NOTARY PUBLIC
* Votary Public in and for
State of Texas the State of Texas
. oF? Comm. Exp.03-31-2001
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Certificate of Insurance _
THOS CERIVICATE 19IMURD ASA MATMR OP INMRMATION ONLY AND CONVEIIS NO 111OTM UPON YOU THE d]Nt*RATE lIiCR)1L TFDS aXMXM BNOTAN
1N,S(1RANL'b IUJCY ANDD=NOTAMBND,lr fMn,Cu AI TPR THa CtrvErtAM Abl`UM SY TNS POUCMS IBM DM0K
This is to Certify that
S&A Restaurant corp -7 Name and LIBERTY -
6500 International Parkway Insures.of
�' Ensured. MUTUAL...n
Plano,TX 75093
Is,at the Issue date of this oertifrcate,insured by the Company under the policy lee Ilatad below.The lrralrrance afforded by the listed poliicypes)Is subject to all their
terms,exclusions and oondidons and is not altered by any requirernerlt,term or condition of any contract or other document with respectta which this o"ficate may
be issued.
FXP.DATE
. CONTM1uous
TYPE OF POLICY EXTENDED POLICY NUMBER LIMIT OF LIABILITY
va POLICY TERM
WORKEA3 7/1/2001 WA2-ND•004114.010 COVERAGEAFFDRDED LIKDER WC EBapLOYERS UABIIlTY
COMPENSATION WC2-691-004114-130 ;AW CIF THE FOLLawErO STATES: Bodily nury y Aod eM
All stades excalpt monopolistic
"KS,WI 250,000 Aociderd
Bodily w1uly By Disease
500,000 Policy
Unfit
Bodily tnjury By isease
250,000 Each
parann
GENERAL LIABILITY 7/1/2001 EB1-891-004114050 Generalmeg er an u o
Self-Insured Rete 'on 5,000,000 in excess of self-Insured retentim
Insured is Self-Insured for u feted Operalrons Aggregat
®OCCURRENCE the following Amount:
$500,000 each 5,000,000 In excess of self-insured retention
❑
CLAIMS MADE occurrence,claim,accident,person or Bodily fin,and Ptoperty Damage Liability PW
organization,disease or 500,000 In excess of self-insured retention oa„nenm
other basis stated in the erson injury
policy,whichever applies. Per PersoN
RETRO DATE 500,000 in excess of self-Insured retention ommixaaao
Other er
AUTOMOBILE LIABILIT 7/1/2001 AS2-691-004114070 Each Acdderu-Single limit
1,000,000 B.I.mid P.D.Combined
® OWNED Each Person
® NON-OWNED Each Accident or Oocurrence
® HIRED Each Aocldant or Occurrence
OTHER 7/1/2001 T02.691-004114-060 Limit of Liability: $300,000 Per Claimant
Liquor Liability $300,000 AM Claimants
ADOmONA COMMENTS
Re:Unit D, Bennigan's,Sundance Square,515 W.Houston,Ft.Worth,TX 76102 -
uR��"RL M00- ?D
CAIN SEC",PRAIA
If the cer0 icate mpiration date is confirwous or extended term,you will be Intified it tt
coverage is term4+ated or reduced before w eansticrrxpiradon
a* date. '
SPECIAL NOTIMORO: ANY PERSON WHO.WITH YITENT TO DEFRAUD OR KNOWING THAT W IS FACILITATING A FRAUD AGAINST AN INSURER.SUBMITS AN
APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD.
IMPORTANT NOTICE TO FLORIDA POLICYNOLDER3 AND COMIRICAT!HOLDEN; W THE RVENTYOU
NAVE ANY QUESTIONS OR NEED INFORMATION ABOUT TH13 CERTIFICATE FOR ANY REASON,FUL42E Liberty Mutual Group
CONTACT YOUR LOCAL SALES PRODUCER WHOSE NAME AND TELEPHONE NUMBER APPLUM IN TNR
LOO MKTS MAY AND 90 BE RN'rER OF THIS
CALLING V"FI ATT14NUTHE APPROPRIATE LOCAL SALES OFFICE MAILING
FL
NOTICE OF CANCKL LATIDW(NOT APPLICAE6G UNLW A K M M OF DAYS Is ENTERED BELOW,) BEFORE THE STATED EXPIRATION DATE Tl-COMPANY WILL NOT
CANCEL OR REDUCE THE MSURANCG AFFORDED UNDER THE ABOVE P00068 UN I).AT LEAST 30 DAYS
NOTICE OF r CANCELLATION HILT SM MMLED M. 9�
City of Ft,Worth GAY MEDLEY
ce"MA
�ry Authorized Representative If
Irving,Texas (800)4432 09/01/00
Thu ocrdlim 2',4d by t.t013RTY MMAL GX(VI,as alrpwu miah l,nurance as is afford 'SNS -Aurild Ail mri :6® oo. To d:3S Es7nL R2
ACORD
=09/01/2000
PRODUCER Serial#601152
AON RISK SERVICES INC.OF NY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
TWO WORLD TRADE CENTER HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
NEW YORK,NY 10048
COMPANIESFORDING GOVERAtiL
TEL:212-441-1000 .
COMPANY LEXINGTON INSURANCE COMPANY
A
INSURED COMPANY
S&A RESTAURANT CORP B
6500 INTERNATIONAL PARKWAY COMPANY
PLANO,TX 75093 C
COMPANY
D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS
LTR DATE(MMIDWY) DATE(MMIDONY)
X PROPERTY BUILDING i
CAUSES OF LOSS 8524801 07/01/2000 07/01/2001 PERS PROPERTY i
BASIC BUSINESS INCOME i
A BROAD EXTRA EXPENSE i
SPECIAL BLANKET BUILDING i
EARTHQUAKE BLANKET PERS PROP i
FLOOD BLANKET BLDG&PP i
ALL RISK'OF DIRECT EXCLUDES FLOOD AND X ALL PERILS PER s 5,000,000
PHYSICAL LOSS EARTHQUAKE OCCURRENCE s
INLAND MARINE i
TYPE OF POLICY i
s
CAUSES OF LOSS i
NAMED PERILS i
OTHER i
CRIME i
E OF POLICY i
i
BOILER&MACHINERY i
s
OTHER
LOCATION U PREMISESIDESCRIPTION OF PROPERTY —
Re:Unit#TBD,Bennigan's,Sundance Square,515 W.Houston,Ft.Worth,TX 76102 ,.
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SPECIAL CONDITIONSIOTHER COVERAGES
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF FT.WORTH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
I:U K R 3F-NT Irli=
•
P:WEW VERSION\CERTIFICATESUNETROMEDIA 4_INSD PROPERTY.FP3
SEP-01-2000 1227 FROM AON RISK SERVICES NY TO 919725885067 P.02i02
TM 09/01/200
PRoI m W"'a
OUCER Serial S 102028 THU! V.P.1141110111r. In TTEK 0 INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
AON RISK SERVICES,INC.OF N.Y. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
TWO WORLD TRADE CENTER ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
NEW YORK,N.Y. 10048 COMPANIES AFFORBING COVERAGE
1nMphonn(212)441.2782 COMPANY -
fax:(212)479.3284 A T.I.G.INSURANCE COMPANY
INSUR _ - I COMPANY
� S
S A A RESTAURANT CORP
6500 INTERNATIONAL PARKWAY COMPANY
PLANO,TEXAS 75093 C
COMPANY _ ---
D
CERTWY TNATTN!POLKXS OF INOUPAHM LISTED BEL&IN HAVE MIN(SSW TO THE RIOURED NAMED MOVIE FOR PERIOD
INDICATED.NOTWITH3TANOING ANY REWPEMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY W-ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED 8 Y THE POUgES DESCRIBED HCREIN 18 SUYJECT TO ALL THE TERMS.
EXCLU31ONS AND CONDITIONS OF SUCH POLICIES.LIMITS SNOWN MAY HAVE BEEN REDUCED SY PAID CLAMS.
LTM TYPE OF INSURANCE POLICY NUMBER WIT2(II � DDI
DA70 MMI�TT� _ LI�3 _
GENERAL LIABILITY GENERAL AGGREGATE 3
UIBW
COMMERCIAL GENERAL LTY PRODUCTS-COMP/OP AGG t
CLAIMB MADE � AL OCCUR PERSONA ADV INJURY 3
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE S
FIRE DAMAGE (Any we frm)
MEt
D EXP(MY ons Iwo* 3
AUTOMOBILE UMLITY
7
ANY AUTO COMBINED SWSLE LIMIT i
ALL OWNED AUTOS BODILY DwRY I s
SCHEDULED AUTOS (PK p—)
HIRED AUTOS
BODILY 1lWRY 3
NON-OWNED AUTOS (Pw Smaenq
PROPERTY DAMAGE 3
GARAGE LIABYJTY AUTO ONLY-EA ACCIDENT 3
ANY AUTO OTHER THAW AUTO ONLY;
EACH ACCIDENT 3 -
AGGREGATE i - ---_- -
EXGM LUMUTY XL8915034 12/31/1809 12/31/2000 EACH OCCURRENCE i 25,000,000
AUMBRELLA FORM AGGREGATE - s 25,000,000
OTHER THAN UMBRELLA FORM
VMMM R'S COMPENSATION AND TORY LUAm e� _
EMPLOVIM LIAeB ITY
EL EACH ACCIDENT 3
Tw P"opawmw INCL EL DISEASE•POUCY LIMIT 3
PARRNM�wrne _
aFwAtS AAF- EXCL EL DISEASE-EA EMPLOYEE 3 -
FL--1P �!C�/°TF,; rr,
RE UNTI>YTBD,BENNIGAN'S,SUNDANCE SQUARE,518 W,HOUSTON,FT.WORTH,TX 78102. L11co LIE)F—Alm,—'�J.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES Bi CANCELLED Bl1WRE THE
CITY OF FT.WORTH 9MRAT14N DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAUL
30 DAYS wmTTEN NOTICE TO THE commATE HOLDER NAMED To TNS LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OSUGATION OR LIABIUTY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
1,411T]tM
P.W I NICERTIFIOATESWIETR 2 _1999.
Tf1TAI P A7
City of Fort Worth, Texas
4Vayor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
9/19/00 C-18236 06BEN 1 of 1
SUBJECT AUTHORIZE ENCHROACHMENT IN RIGHT-OF-WAY - DOOR SWINGS, AWNINGS
AND SIGNS FOR BENNIGAN'S AT 515 HOUSTON STREET
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a standard consent
agreement with Steak and Ale of Texas, d/b/a Bennigan's, at 515 Houston Street.
DISCUSSION:
Steak and Ale of Texas, d/b/a Bennigan's at 515 Houston Street, through its Senior Vice President,
Todd M. Watson and agent, Michael Chappell, President of Silvertree Commercial, Inc. is requesting
permission to encroach into the right-of-way (sidewalks). The building will be remodeled to serve as a
restaurant. The building code requires certain exits involving door swings into the sidewalk area, which
have been approved (administratively) in order to obtain a building permit needed to secure the building
from unauthorized entry.
Two signs and awnings will be installed as part of the remodeling process. These encroachments will
not extend beyond 18-inches behind the curb. The Encroachment Committee has reviewed the
application and recommends approval.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
MG:I
Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike GroomAPPROVEDer 6140 CITY COUNCIL
Originating Department Head:
Bob Riley 8901 (from) SEP 19 2000
Additional Information Contact:
City Secretary of the
Bob Riley 8901
City of Fort Worth,Texas