HomeMy WebLinkAbout1991/08/27-Minutes-City CouncilMinutes of City Council S-3 Page 294
CITY COUNCIL MEETING
AUGUST 27, 1991
.ouncil Met
On the 27th day of August, A.D., 1991, the City Council of the City of Fort Worth,
Texas, met in regular session, with the following members and officers present, to-wit:
Members Present
Mayor Kay Granger; Mayor Pro tempore Virginia Nell Webber; Council Members Carlos
Puente, Chuck Silcox, Morris Matson, Eugene McCray, Jewel Woods, William Meadows, and David
Chappell; City Manager David Ivory; City Attorney Wade Adkins; City Secretary Ruth Howard;
with more than a quorum present, at which time the following business was transacted:
Invocation
The invocation was given by City Secretary Ruth Howard.
Pledge of
Allegiance
The Pledge of Allegiance was recited.
Minutes of August
On motion of Council Member Silcox, seconded by Council Member Woods, the minutes of
20, 1991 approved
the meeting of August 20, 1991, were approved.
Presentation to
Mario Quintero
Chief McMillen made a presentation to Mario Quintero, 3rd place winner in the National
Fire Safety Poster Contest for the 3rd-5th Grade Division.
Withdrew M&C No.
Council Member Meadows requested that Mayor and Council Communication No. P-5163 be
P-5163
withdrawn from the consent agenda.
Withdrew M&C No.
Council Member Chappell requested that Mayor and Council Communication No. G-9279 be
G-9279
withdrawn from the consent agenda.
Withdrew M&C No.
-13032
Council Member Silcox requested that Mayor and-Council Communication No. C-13032 be
withdrawn from the consent agenda.
ithdrew M&C No.
-5155
Council Member McCra requested that or and Council Communication No. P-5155 be
y q Mayor
withdrawn from the consent agenda.
ithdrew M&C Nos.
-5172 and P-5174
City Manager Ivory requested that Mayor and Council Communication Nos. P-5172 and
P-5174 be withdrawn from the consent agenda.
ithdrew M&C Nos.
-9271 and P-5152
City Manager Ivory requested that Mayor and Council Communication Nos. G-9271 and
P-5152 be withdrawn from the agenda.
:P-163 cont. for
Council Member Silcox requested that CP-163, Regulations Applicable to Certain City
ne week
Council Appointees and their Departments, be continued for one week.
onsent Agenda was
pproved
On motion of Council Member Chappell, seconded by Council Member Woods, the consent
agenda, as amended, was approved.
aminated Ms. Rita
Marey, Mr. Jefferson,
Mayor Pro tempore Webber, representing the Boards and Commissions Committee, nominated
a v i s, Jr. , and Ms.
Ms. Rita Narey, Mr. Jefferson Davis, Jr., and Ms. Barbara Ferrell for membership on the
Ferrell to
Board of Adjustment and made a motion, seconded by Council Member Meadows, that Ms. Rita
�arbara
,he Board of Adjust
Narey be appointed to Place 6, Jefferson Davis to Place 7, and Barbara Ferrell to Place 8
then t
as alternate members on the Board of Adjustments. When the motion was put to a vote by the
Mayor, it prevailed unanimously.
Minutes of City Council S-3 Page 294
ale of City of
ort Worth Texas
ater and Sewer
ystem Subordinate
ien Revenue Bonds
r. Judson Bailiff
�U
Tuesday, August 27, 1991
Mr. Judson Bailiff, Director of the Finance Department, appeared before the City
Council and advised the City Council that an informal report was provided to the City
Council two weeks ago explaining the financing for the Water and Sewer System and advised
the City Council that the application previously has been approved by City Council and that
this is the second year of the program at Village Creek Wastewater Treatment Plant; and
advised the City Council that funds were made available for this water project through the
Water Development Board State Revenue Loan Fund and that the bonds will be sold to the Water
Development Board rather than the public.
Council Member Matson requested that the City Council be provided with documentation
in the future with regard to bond sales.
ntroduced an Council Member Chappell introduced an ordinance and made a motion that it be adopted.
rdinance The motion was seconded by Council Member Meadows. The motion, carrying with it the
adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente,
Silcox, Matson, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
rdinance No.II ORDINANCE NO. 10905
0905
ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF
CITY OF FORT WORTH, TEXAS WATER AND SEWER SYSTEM
SUBORDINATE LIEN REVENUE
BONDS, SERIES 1991
THE STATE OF TEXAS
COUNTIES OF TARRANT AND DENTON
CITY OF FORT WORTH
WHEREAS, the City of Fort Worth, Texas (the "City" or the "Issuer") has
heretofore issued and has outstanding its City of Fort Worth, Texas Water and
Sewer System Revenue Refunding Bonds, Series 1984, City of Fort Worth, Texas
Water and Sewer System Revenue Bonds, Series 1984A, City of Fort Worth, Texas
Water and Sewer System Revenue Bonds, Series 1985, City of Fort Worth, Texas
Water and Sewer System Revenue Bonds, Series 1986, City of Fort Worth, Texas
Water and Sewer System Revenue Refunding Bonds, Series 1986-A, City of Fort
Worth, Texas Water and Sewer System Revenue Bonds, Series 1987 and City of Fort
Worth, Texas Water and Sewer System Revenue Bonds, Series 1988 (together, the
"Previously Issued Parity Bonds"); and
WHEREAS, in the ordinances authorizing the issuance of the Previously
Issued Parity Bonds (together, the "Prior Lien Bond Ordinance"), the Previously
Issued Parity Bonds were secured by a first lien on and pledge of the "Pledged
Revenues" (as defined in the Prior Lien Bond Ordinance); and
WHEREAS, the City reserved the right in the Prior Lien Bond Ordinance to
issue revenue bonds payable from a subordinate lien on the Pledged Revenues to
that granted to the Previously Issued Parity Bonds; and
WHEREAS, the City adopted an ordinance on October 17, 1989 (the
"Subordinate Lien Revenue Bond Ordinance") authorizing the issuance of City of
Fort Worth, Texas Water and Sewer System Subordinate Lien Revenue Bonds, Series
1989, in the aggregate principal amount of $33,300,000 (the "Previously Issued
Subordinate Lien Obligations"); and
WHEREAS, the City reserved the right in the Subordinate Lien Revenue Bond
Ordinance to issue obligations payable from a lien on the Pledged Revenues
superior to that granted to the Previously Issued Subordinate Lien Bonds as well
as the right to issue bonds on a party with the Previously Issued Subordinate
Lien Obligations; and
WHEREAS, on March 8, 1990, the City adopted an ordinance authorizing the
establishment of a commercial paper program and the issuance of commercial paper
notes in a principal amount at any time outstanding not to exceed $75,000,000
(the "Series A Notes"); and
WHEREAS, the Series A Notes are secured in part by a line of credit with
The Mitsui Bank, Limited (the "Bank"); and
WHEREAS, the City has pledged to the Bank as'security for said line of
credit a lien on and pledge of the Pledged Revenues subordinate to that securing
the Previously Issued Parity Bonds but superior to that securing the Previously
Issued Subordinate Lien Obligations; and
Minutes of City Council S-3 Page 295
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Tuesday, August 27, 1991
WHEREAS, the City deems it necessary and advisable to issue bonds on a
Ordinance No. parity with the Previously Issued Subordinate Lien Obligations;
10905 cont.
WHEREAS, the bonds hereinafter authorized are to be issued and delivered
pursuant to Vernon's Annotated Texas Civil Statutes, Articles 1111 to 1118,
inclusive, as amended, and other applicable laws, for the purpose of extending
and improving the City's combined Water and Sewer System; and
WHEREAS, a notice of intention to issue the bonds hereinafter authorized
was published in accordance with law, in the Fort Worth Star -Telegram on August
7,'1991, and August 14,'.1991; and,
WHEREAS, no petition seeking a referendum on the question of the issuance
of the bonds hereinafter authorized was presented to the City Secretary; and
WHEREAS, the Texas Water Development Board has committed to purchase the
bonds hereinafter authorized pursuant to Subchapter J of Chapter 15, Texas Water
Code.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
Section 1. BONDS AUTHORIZED. That the City's bonds (the "Obligations")
are hereby authorized to be issued in the aggregate principal amount of
$16,155,000 for the purpose of extending and improving the City's combined water
and sewer system, to -wit: extending and improving the Village Creek Wastewater
Treatment Plant; and other improvements to the sewer system. The Obligations
shall be designated as the "City of Fort Worth, Texas Water and Sewer System
Subordinate Lien Revenue Bonds, Series 1991".
Section 2. DATE AND MATURITIES. That the Obligations shall be dated
September 1, 1991, shall be in the denomination of $5,000 each, or any integral
multiple thereof, shall be numbered consecutively from R-1 upward, and shall
mature on the maturity date, in each of the years, and in the amounts,
respectively, as set forth in the following schedule:
MATURITY DATE: MARCH 1
The Texas Water Development Board ("TWDB") will purchase the Obligations in two
lots, "Lot A" and "Lot B", as set forth above. Upon offers to sell the
Obligations by the City, in installments, TWDB will first purchase Obligations
of Lot A, in ascending order of maturity, until $2,695,000 in principal amount
of Obligations of Lot A have been so purchased. Thereafter, upon offers to sell
the Obligations by the City, in installments, TWDB will purchase Obligations of
Lot B, in ascending order of maturity, until $13,460,000 in principal amount of
Obligations of Lot B have been purchased.
Section 3. RIGHT OF PRIOR REDEMPTION. The City reserves the right to
redeem the Obligations on March 1, 2001, or on any date thereafter, in whole or
in part, and if in part, in inverse order of maturity, for the principal amount
thereof and accrued interest thereon to the date fixed for redemption, and
without premium.
Minutes of City Council S-3 Page 296
AGGREGATE
LOT A
LOT B
PRINCIPAL
YEARS
AMOUNTS
AMOUNTS
AMOUNTS
1993
$ 75,000
$380,000
$ 455,000
1994
85,000
415,000
500,000
1995
85,000
415,000
500,000
1996
100,000
500,000
600,000
1997
100,000
500,000
600,000
1998
100,000
500,000
600,000
1999
120,000
580,000
700,000
2000
120,000
580,000
700,000
2001
135,000
665,000
800,000
2002
135,000
665,000
800,000
2003
150,000
750,000
900,000
2004
150,000
750,000
900,000
2005
165,000
835,000
1,000,000
2006
165,000
835,000
1,000,000
2007
180,000
920,000
1,100,000
2008
200,000
1,000,000
1,200,000
2009
200,000
1,000,000
1,200,000
2010
215,000
1,085,000
1,300,000
2011
215,000
1,085,000
1,300,000
The Texas Water Development Board ("TWDB") will purchase the Obligations in two
lots, "Lot A" and "Lot B", as set forth above. Upon offers to sell the
Obligations by the City, in installments, TWDB will first purchase Obligations
of Lot A, in ascending order of maturity, until $2,695,000 in principal amount
of Obligations of Lot A have been so purchased. Thereafter, upon offers to sell
the Obligations by the City, in installments, TWDB will purchase Obligations of
Lot B, in ascending order of maturity, until $13,460,000 in principal amount of
Obligations of Lot B have been purchased.
Section 3. RIGHT OF PRIOR REDEMPTION. The City reserves the right to
redeem the Obligations on March 1, 2001, or on any date thereafter, in whole or
in part, and if in part, in inverse order of maturity, for the principal amount
thereof and accrued interest thereon to the date fixed for redemption, and
without premium.
Minutes of City Council S-3 Page 296
Tuesday, August 27, 1991
Ordinance No. At least 30 days prior to the date fixed for any such redemption a written
10905 cont. notice of such redemption shall be given to the registered owner of each
Obligation or a portion thereof being called for redemption by depositing such
notice in the United States mail, postage prepaid, addressed to each such
registered owner at his address shown on the registration books of the Paying
Agent/Registrar. By the date fixed for any such redemption due provision shall
be made by the City with the Paying Agent/Registrar for the payment of the
required redemption price for the Obligations or the portions thereof which are
to be so redeemed, plus accrued interest thereon to the date fixed for redemp-
tion. If such written notice of redemption is given, and if due provision for
such payment is made, all as provfded above, the Obligations, or the portions
thereof which are to be so redeemed, thereby automatically shall be redeemed
prior to their scheduled maturities, and shall not bear interest after the date
fixed for their redemption, and shall not be regarded as being outstanding
except for the right of the registered owner to receive the redemption price
plus accrued interest to the date fixed for redemption from the Paying
Agent/Registrar out of the funds provided for such payment. The Paying
Agent/Registrar shall record in the Registration Books all such redemptions of
principal of the Obligations or any portion thereof. If a portion of any
Obligation shall be redeemed a substitute Obligation or Obligations having the
same maturity date, bearing interest at the same rate, in any denomination or
denominations in any integral multiple of $5,000, at the written request of the
registered owner, and in an aggregate principal amount equal to the unredeemed
portion thereof, will be issued to the registered owner upon the surrender
thereof for cancellation, at the expense of the City, all as provided in this
Ordinance.
Section 4. INTEREST. That the Obligations shall bear interest at the
rate of 5.50% per annum. Said interest shall be payable to the registered owner
of any such Obligation in the manner provided and on the dates stated in the
FORM OF BOND set forth in this Ordinance.
Section 5. (a) The City shall keep or cause to be kept at the principal
corporate trust office of Ameritrust Texas National Association, Austin, Texas,
or such other bank, trust company, financial institution, or other agency named
in accordance with the provisions of (g) of this Section hereof (the "Paying
Agent/Registrar") books or records of the registration and transfer of the
Obligations (the "Registration Books"), and the City hereby appoints the Paying
Agent/Registrar as its registrar and transfer agent to keep such books or
records and make such transfers and registrations under such reasonable regula-
tions as the City and Paying Agent/Registrar may prescribe; and the Paying
Agent/ Registrar shall make such transfers and registrations as herein provided.
It shall be the duty of the Paying Agent/ Registrar to obtain from the
registered owner and record in the Registration Books the address to which
payments with respect to the Obligations owned by any such registered owner
thereof shall be mailed as herein provided. The City or its designee shall have
the right to inspect the Registration Books during regular business hours of the
Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the
Registration Books confidential and, unless otherwise required by law, shall not
permit their inspection by any other entity. Registration of each Obligation
may be transferred in the Registration Books only upon presentation and
surrender thereof to the Paying Agent/Registrar for transfer of registration and
cancellation, together with proper written instruments of assignment, in form
and with guarantee of signatures satisfactory to the Paying Agent/Registrar,
evidencing the assignment thereof, or any portion thereof in any integral
multiple of $5,000, to the assignee or assignees thereof, and the right of such
assignee or assignees to have the Obligation or any such portion thereof
registered in the name of such assignee or assignees. Upon the assignment and
transfer of any Obligation or any portion thereof, a new substitute bond or
bonds shall be issued in exchange therefor in the manner herein provided.
(b) The entity in whose name any Obligation shall be registered in the
Registration Books at any time shall be treated as the absolute owner thereof
for all purposes of this Ordinance, whether or not such bond shall be overdue,
and the City and the Paying Agent/Registrar shall not be affected by any notice
to the contrary; and payment of, or on account of, the principal of, premium,
if any, and interest on any such bond shall be made only to such registered
owner. All such payments shall be valid and effectual to satisfy and discharge
the liability upon such bond to the extent of the sum or sums so paid.
(c) The City hereby further appoints the Paying Agent/Registrar to act
as the paying agent for paying the principal of and interest on the Obligations,
and to act as its agent to exchange or replace Obligations, all as provided in
this Ordinance. The Paying Agent/Registrar shall keep proper records of all
payments made by the City and the Paying Agent/Registrar with respect to the
Obligations, and of all exchanges of such bonds, and all replacements of such
bonds, as provided in this Ordinance.
Minutes of City Council S-3 Page 297
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Tuesday, August 27, 1991
(d) Each Obligation may be exchanged for fully registered bonds in the
Ordinance No. manner set forth herein. Each bond issued and delivered pursuant to this
10905 cont. Ordinance, to the extent of the unpaid or unredeemed principal amount thereof,
may, upon surrender of such bond at the principal corporate trust office of the
Paying Agent/Registrar, together with a written request therefor duly executed
by the registered owner or the assignee or assignees thereof, or its or their
duly authorized attorneys or representatives, with guarantee of signatures
satisfactory to the Paying Agent/Registrar, at the option of the registered
owner or such assignee or assignees, as appropriate, be exchanged for fully
registered bonds, without interest coupons, in the form prescribed in the FORM
OF BOND set forth in this Ordinance, in the denomination of $5,000, or any
integral multiple of $5,000 (subject to the requirement hereinafter stated that
each substitute bond shall have a single stated maturity date), as requested in
writing by such registered owner or such assignee or assignees, in an aggregate
principal amount equal to the unpaid or unredeemed principal amount of any
Obligation or Obligations so surrendered, and payable to the appropriate
registered owner, assignee, or assignees, as the case may be. If a portion of
any Obligation shall be redeemed prior to its scheduled maturity as provided
herein, a substitute bond or bonds having the same maturity date, bearing inter-
est at the same rate, in the denomination or denominations of any integral mul-
tiple of $5,000 at the request of the registered owner, and in an aggregate
principal amount equal to the unredeemed portion thereof, will be issued to the
registered owner upon surrender thereof for cancellation. If any Obligation or
portion thereof is assigned and transferred, each bond issued in exchange
therefor shall have the same principal maturity date and bear interest at the
same rate as the bond for which it is being exchanged. Each substitute bond
shall bear a letter and/or number to distinguish it from each other bond. The
Paying Agent/Registrar shall exchange or replace Obligations as provided herein,
and each fully registered bond or bonds delivered in exchange for or replacement
of any Obligation or portion thereof as permitted or required by any provision
of this Ordinance shall constitute one of the Obligation for all purposes of
this Ordinance, and may again be exchanged or replaced. It is specifically
provided, however, that any Obligation delivered in exchange for or replacement
of another Obligation prior to the first scheduled interest payment date on the
Obligations (as stated on the face thereof) shall be dated the same date as such
Obligation, but each substitute bond so delivered on or after such first sched-
uled interest payment date shall be dated as of the interest payment date
preceding the date on which such substitute bond is delivered, unless such
substitute bond is delivered on an interest payment date, in which case it shall
be dated as of such date of delivery; provided, however, that if at the time of
delivery of any substitute bond the interest on the Obligation for which it is
being exchanged has not been paid, then such substitute bond shall be dated as
of the date to which such interest has been paid in full. On each substitute
bond issued in exchange for or replacement of any Obligation issued under this
Ordinance there shall be printed thereon a Paying Agent/Registrar's Authen-
tication Certificate, in the form hereinafter set forth. An authorized
representative of the Paying Agent/Registrar shall, before the delivery of any
such substitute bond, date such substitute bond in the manner set forth above,
and manually sign and date such Certificate, and no such substitute bond shall
be deemed to be issued or outstanding unless such Certificate is so executed.
The Paying Agent/Registrar promptly shall cancel all Obligations surrendered for
exchange or replacement. No additional ordinances, orders, or resolutions need
be passed or adopted by the City Council or any other body or person so as to
accomplish the foregoing exchange or replacement of any Obligation or portion
thereof, and the Paying Agent/Registrar shall provide for the printing, execu-
tion, and delivery of the substitute bonds in the manner prescribed herein, and
said bonds shall be of type composition printed on paper with lithographed or
steel engraved borders of customary weight and strength. Pursuant to Article
717k-6, V.A.T.C.S., and particularly Section 6 thereof, the duty of exchange or
replacement of any Obligations as aforesaid is hereby imposed upon the Paying
Agent/Registrar, and, upon the execution of the above-described Paying
Agent/Registrar's Authentication Certificate, the exchanged or replaced bond
shall be valid, incontestable, and enforceable in the same manner and with the
same effect as the Obligations which originally were delivered pursuant to this
Ordinance, approved by the Attorney General, and registered by the Comptroller
of Public Accounts. Neither the City nor the Paying Agent/Registrar shall be
required (1) to issue, transfer, or exchange any bond during a period beginning
at the opening of business 30 days before the day of the first mailing of a
notice of redemption of bonds and ending at the close of business on the day of
such mailing, or (2) to transfer or exchange any bond so selected for redemption
in whole when such redemption is scheduled to occur within 30 calendar days.
(e) All Obligations issued in exchange or replacement of any other
Obligation or portion thereof (I) shall be issued in fully registered form,
without interest coupons, with the principal of and interest on such Obligations
to be payable only to the registered owners thereof, (ii) may be redeemed prior
to their scheduled maturities, (iii) may be transferred and assigned, (iv) may
be exchanged for other Obligations, (v) shall have the characteristics, (vi)
Minutes of City Council S-3 Page 298
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M1M1f %-.0
Tuesday, August 27, 1991
shall be signed and sealed, and (vii) the principal of and interest on the
Ordinance N o. Obligations shall be payable, all as provided, and in the manner required or
10905 cont. indicated, in the FORM OF BOND set forth in this Ordinance.
The Paying Agent/Registrar shall complete the "Date of Delivery" on each
installment of Obligations initially delivered to the Texas Water Development
Board, upon the satisfaction of the conditions described in Section 27 of this
Ordinance.
(f) The City shall pay the Paying Agent/Registrar's reasonable and
customary fees and charges for making transfers of Obligations, but the
registered owner of any Obligation requesting such transfer shall pay any taxes
or other governmental charges required to be paid with respect thereto. The
registered owner of any Obligation requesting any exchange shall pay the Paying
Agent/Registrar's reasonable and standard or customary fees and charges for
exchanging any such bond or portion thereof, together with any taxes or govern-
mental charges required to be paid with respect thereto, all as a condition
precedent to the exercise of such privilege of exchange, except, however, that
in the case of the exchange of an assigned and transferred bond or bonds or any
portion or portions thereof in any integral multiple of $5,000, and in the case
of the exchange of a portion the unredeemed portion of an Obligation which has
been redeemed in part prior to maturity, as provided in this Ordinance, such
fees and charges will be paid by the City. In addition, the City hereby
covenants with the registered owners of the Obligations that it will (i) pay the
reasonable and standard or customary fees and charges of the Paying
Agent/Registrar for its services with respect to the payment of the principal
of and interest on the Obligations, when due, and (ii) pay the fees and charges
of the Paying Agent/Registrar for services with respect to the transfer or
registration of Obligations solely to the extent above provided, and with
respect to the exchange of Obligations solely to the extent above provided.
(g) The City covenants with the registered owners of the Obligations that
at all times while the Obligations are outstanding the City will provide a
competent and legally qualified bank or trust company to act as and perform the
services of Paying Agent/Registrar for the Obligations under this Ordinance, and
that the Paying Agent/Registrar will be one entity. The City reserves the right
to, and may, at its option, change the Paying Agent/Registrar upon not less than
60 days written notice to the Paying Agent/Registrar. In the event that the
entity at any time acting as Paying Agent /Registrar. (or its successor by merger,
acquisition, or other method) should resign or otherwise cease to act as such,
the City covenants that promptly it will appoint a competent and legally
qualified national or state banking institution which shall be a corporation
organized and doing business under the laws of the United States of America or
of any state, authorized under such laws to exercise.trust powers, subject to
supervision or examination by federal or state Authority, and whose quali-
fications substantially are similar to the previous Paying Agent/Registrar to
act as Paying Agent/Registrar under this Ordinance. Upon any change in the
Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall
transfer and deliver the Registration Books (or a copy thereof), along with all
other pertinent books and records relating to the Obligations, to the new Paying
Agent/Registrar designated and appointed by the City.. Upon any change in the
Paying Agent/Registrar, the City promptly will cause a written notice thereof
to be sent by the new Paying Agent/Registrar to each registered owner of the
Obligations, by United States mail, postage prepaid, which notice also shall
give the address of the new Paying Agent/Registrar. By accepting the position
and performing as such, each Paying Agent/Registrar shall be deemed to have
agreed to the provisions of this Ordinance, and a certified copy of this
Ordinance shall be delivered to each Paying Agent/Registrar.
Section 6. The form of all Obligations 'including the form of the Paying
Agent/Registrar's Certificate, the Form of Assignment, and the form of the
Comptroller's Registration Certificate to accompany the Obligations on the
initial delivery thereof, shall be, respectively, substantially as follows, with
such appropriate variations, omissions, or insertions as are permitted or
required by this Ordinance:
NO.
FORM OF BOND:
UNITED STATES OF AMERICA
STATE OF TEXAS '
COUNTIES OF TARRANT AND.DENTON
CITY OF FORT WORTH, TEXAS
WATER AND SEWER SYSTEM
SUBORDINATE LIEN REVENUE BOND
SERIES 1991
MATURITY DATE INTEREST RATE DATE OF DELIVERY CUSIP
Minutes of City Council S-3 Page 299
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Tuesday, August 27, 1991
ON THE MATURITY DATE SPECIFIED ABOVE, THE CITY OF FORT WORTH, TEXAS (the
Ordinance No. "Issuer"), hereby promises to pay to , or to the registered
10905 cont. assignee hereof (either being hereinafter called the registered owner") the
principal amount of
and to pay interest thereon, from the date of delivery of this Bond specified
above, to the date of its scheduled maturity or the date of its redemption prior
to scheduled maturity, at the rate of interest per annum specified above, with
said interest being payable on March 1, 1992, and semiannually on each September
1 and March 1 thereafter, except that if the Paying Agent/Registrar's
Authentication Certificate appearing on the face of this Bond is dated later
than March 1, 1992, such interest is payable semiannually on each September 1
and March 1 following such date.
THE TERMS AND PROVISIONS of this Bond are continued on the reverse side
hereof and shall for all purposes have the same effect as though fully set forth
at this place.
*THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money
of the United States of America, without exchange or collection charges. The
principal of this Bond shall be paid to the registered owner hereof upon
presentation and surrender of this Bond at maturity or upon the date fixed for
its redemption prior to maturity, at the principal corporate trust office of
Ameritrust Texas National Association, Austin, Texas, which is the "Paying
Agent/Registrar" for this Bond. The payment of interest on this Bond shall be
made by the Paying Agent/Registrar to the registered owner hereof as shown by
the Registration Books kept by the Paying Agent/Registrar at the close of
business on the 15th day of the month next preceding such interest payment date
by check drawn by the Paying Agent/Registrar on, and payable solely from, funds
of the Issuer required to be on deposit with the Paying Agent/Registrar for such
purpose as hereinafter provided; and such check shall be sent by the Paying
Agent/ Registrar by United States mail, postage prepaid, on each such interest
payment date, to the registered owner hereof at its address as it appears on the
Registration Books kept by the Paying Agent/Registrar, as hereinafter described.
The Issuer covenants with the registered owner of this Bond that no later than
each principal payment date and interest payment date for this Bond it will make
available to the Paying Agent/Registrar the amounts required to provide for the
payment, in immediately available funds, of all principal of and interest on the
Bonds, when due.
*IF THE DATE for the payment of the principal of or interest on this Bond
shall be a Saturday, Sunday, a legal holiday, or a day on which banking
institutions in the city where the Paying Agent/Registrar is located are
authorized by law or executive order to close, then the date for such payment
shall be the next succeeding day which is not such a Saturday, Sunday, legal
holiday, or day on which banking institutions are authorized to close; and
payment on such date shall have the same force and effect as if made on the
original date payment was due.
*THIS BOND Is one of a series of bonds, dated September 1, 1991, of like
tenor and effect except as to number, principal amount, interest rate, maturity
and right of prior redemption, aggregating Sixteen Million One Hundred Fifty
Five Thousand Dollars ($16,155,000) (herein sometimes called the "Bonds"),
issued for the purpose of extending and improving the Issuer's combined water
and sewer system, to -wit: extending and improving the Village Creek Wastewater
Treatment Plant; and other improvements to the sewer system.
*THE OUTSTANDING BONDS of this Series may be redeemed prior to their
scheduled maturities, at the option of the Issuer, in whole, or in part, and if
in part, in inverse order of maturity, on March 1, 2001, or on any date
thereafter, for the principal amount thereof and accrued interest thereon to the
date fixed for redemption, and without premium.
*AT LEAST 30 days prior to the date fixed for any such redemption a
written notice of such redemption shall be given to the registered owner of each
Bond or a portion thereof being called for redemption by depositing such notice
in the United States mail, postage prepaid, addressed to each such registered
owner at his address shown on the Registration Books of the Paying
Agent/Registrar. By the date fixed for any such redemption due provision shall
be made by the Issuer with the Paying Agent/Registrar for the payment of the
required redemption price for this Bond or the portion hereof which is to be so
redeemed, plus accrued interest thereon to the date fixed for redemption. If
such written notice of redemption is given, and if due provision for such
payment is made, all as provided above, this Bond, or the portion hereof which
is to be so redeemed, thereby automatically shall be redeemed prior to its
scheduled maturity, and shall not bear interest after the date fixed for its
redemption, and shall not be regarded as being outstanding except for the right
of the registered owner to receive the redemption price plus accrued interest
to the date fixed for redemption from the Paying Agent/Registrar out of the
funds provided for such payment. The Paying Agent/Registrar shall record in the
Minutes of City Council S-3 Page 300
3(41
Tuesday, August 27, 1991
Ordinance No. Registration Books all such redemptions of principal of this Bond or any portion
10905 cont. hereof. If a portion of any Bond shall be redeemed a substitute Bond or Bonds
having the same maturity date, bearing interest at the same rate, in any
denomination or denominations in any integral multiple of $5,000, at the written
request of the registered owner, and in aggregate principal amount equal to the
unredeemed portion thereof, will be issued to the registered owner upon the
surrender thereof for cancellation, at the expense of the Issuer, all as
provided in the ordinance authorizing the Bonds (the "Ordinance").
*ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds,
without interest coupons, in the denomination of -any integral multiple of
$5,000. As provided in the Ordinance, this Bond, or any unredeemed portion
hereof, may, at the request of the regi stered owner or the assi gnee or assi gnees
hereof, be assigned, transferred, and exchanged for a like aggregate principal
amount of fully registered bonds, without interest coupons, payable to the
appropriate registered owner, assignee, or assignees, as the case may be, having
the same maturity date, and bearing interest at the same rate, in any
denomination or denominations in any integral multiple of $5,000 as requested
in writing by the appropriate registered owner, assignee, or assignees, as the
case may be, upon surrender of this Bond to the Paying Agent/Registrar for
cancellation, all in accordance with the form and procedures set forth in the
Ordinance. Among other requirements for such assignment and transfer, this Bond
must be presented and surrendered to the Paying Agent/Registrar, together with
proper instruments of assignment, in form and with guarantee of signatures
satisfactory to the Paying Agent/Registrar, evidencing assignment of this Bond
or any portion or portions hereof in any integral multiple of $5,000 to the
assignee or assignees in whose name or names this Bond or any such portion or
portions hereof is or are to be transferred and registered. The form of Assign-
ment printed or endorsed on this Bond may be executed by the registered owner
to evidence the assignment hereof, but such method is not exclusive, and other
instruments of assignment satisfactory to the Paying Agent/Registrar may be used
to evidence the assignment of this Bond or any portion or portions hereof from
time to time by the registered owner. The one requesting such exchange shall
pay the Paying Agent/Registrar's reasonable standard or customary fees and
charges for exchanging any Bond or portion thereof. The foregoing
notwithstanding, in the case of the exchange of a portion of a Bond which has
been redeemed prior to maturity, as provided herein, and in the case of the
exchange of an assigned and transferred Bond or Bonds or any portion or portions
thereof, such fees and charges of the Paying Agent/Registrar will be paid by the
Issuer. In any circumstance, any taxes or governmental charges required to be
paid with respect thereto shall be paid by the one requesting such assignment,
_transfer, or exchange as a condition precedent to the exercise of such
privilege. In any circumstance, neither the Issuer nor the Paying Agent/Reg-
istrar shall be required (1) to make any transfer or exchange during a period
beginning at the opening of business 30 days before the day of the first mailing
of a notice of redemption of bonds and ending at the close of business on the
day of such mailing, or (2) to transfer or exchange any Bonds so selected for
redemption when such redemption is scheduled to occur within 30 calendar days.
*IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the
Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted
in the Ordinance that it promptly will appoint a competent and legally qualified
substitute therefor, whose qualifications substantially are similar to the
previous Paying Agent/Registrar it is replacing, and promptly will cause written
notice thereof to be mailed to the registered owners of the Bonds.
*BY BECOMING the registered owner of this Bond, the registered owner
thereby acknowledges all of the terms and provisions of the Ordinance, agrees
to be bound by such terms and provisions, acknowledges that the Ordinance is
duly recorded and available for inspection in the official minutes and records
of the Issuer, and agrees that the terms and provisions of this Bond and the
Ordinance constitute a contract between each registered owner hereof and the
Issuer.
*THE ISSUER has reserved the right, subject to the restrictions stated,
and adopted by reference, in the Ordinance, to issue (1) Prior Lien Obligations
secured by a lien on and pledge of the Pledged Revenues (as defined in the
Ordinance) superior to such lien and pledge securing the Bonds, and (2)
additional parity revenue bonds which also may be made payable from, and secured
by a lien on and pledge of, the Pledged Revenues securing the Bonds.
*THE REGISTERED OWNER HEREOF shall never have the right to demand payment
of this obligation out of any funds raised or to be raised by taxation, or from
any source whatsoever other than the aforesaid Pledged Revenues.
IT IS HEREBY certified and covenanted that this Bond has been duly and
validly authorized, issued and delivered; that all acts, conditions and things
required or proper to be performed, exist and be done precedent to or in the
authorization, issuance and delivery of this Bond have been performed, existed
and been done in accordance with law; that this Bond is a special obligation;
Minutes of City Council S-3 Page 301
Tuesday, August 27, 1991
and that the principal of and interest on this Bond, together with other bonds
Ordinance No. of the Issuer now or hereafter outstanding on a parity therewith, are payable
10905 cont. from, and secured by a lien on and pledge of, the Pledged Revenues (as defined
In the Ordinance), and which include the Net Revenues of the Issuer's combined
Water and Sewer System; however, the lien on and pledge of the Pledged Revenues
shall be junior and subordinate to the Prior Lien Obligations (as defined in the
Ordinance), which consist of the Prior Lien Bonds (as defined in the Ordinance)
and any System Obligations (as defined in the Ordinance).
IN WITNESS WHEREOF, this Bond has been signed with the imprinted or
lithographed facsimile signature of the Mayor of said City, attested by the
imprinted or lithographed facsimile signature .of the City Secretary, and
approved as to form and legality by the imprinted or lithographed facsimile
signature of the City Attorney, and the official seal of said City has been duly
affixed to, printed, lithographed or impressed on this Bond.
CITY OF FORT WORTH, TEXAS
By
Mayor
ATTEST:
City Secretary
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
City Attorney
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING GEN /RE STRAR AUTHENTICATION ER F
It is hereby certified that this Bond has been issued
under the provisions of the Ordinance described on the face
of this Bond; and that this Bond has been issued in exchange
for or replacement of a bond, bonds, or a portion of a bond
or bonds of an issue which originally was approved by the
Attorney General of the State of Texas and registered by the
Comptroller of Public Accounts of the State of Texas.
Dated
Paying Agent/Registrar
Authorized Representative
FORM OF ASSIGNMENT:
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
Please insert Social Security or Taxpayer
Identification Number of Transferee
(Please print or typewrite name and address, including
zip code of Transferee)
the within Bond and all rights thereunder, and hereby irrevocably constitutes
and appoints _
attorney to
register the transfer of the within Bond on the books kept for registration
thereof, with full power of substitution in the premises.
Dated:
Signature Guaranteed:
ignature s must
be guaranteed by a member
firm of the New York Stock
Exchange or a commercial
bank or trust company.
The signature above
must correspond with the name
of the Registered Owner as it
appears upon the front of this
Bond in every particular,
without alteration or enlargement
or any change whatsoever.
Minutes of City Council S-3 Page 302
Tuesday, August 27, 1991
** (FORM OF COMPTROLLER'S CERTIFICATE ATTACHED TO
Ordinance No. THE BONDS UPON INITIAL DELIVERY THEREOF)
10905 cont.
OFFICE OF COMPTROLLER :
REGISTER NO.
STATE OF TEXAS
3r!3
I hereby certify that there is on file and of record in my office a
certificate of the Attorney General of the State of Texas to the effect that
this Bond has been examined by him as required by law, and that he finds that
it has been issued in conformity with the Constitution and laws of the State of
Texas, and that it is a valid and binding special obligation of the City of Fort
Worth, Texas, payable in the manner provided by and in the ordinance authorizing
same, and said Bond has this day been registered by me.
WITNESS MY HAND and seal of office at Austin, Texas
Comptroller of ublic Accounts of
the State of Texas
(SEAL)
NOTE TO PRINTER:
*9s to be on reverse side of bond
**I not to be on bond
Section 7. DEFINITIONS. That, as used in this Ordinance, the following
terms shall have the meanings set forth below, unless the text hereof
specifically indicates otherwise:
(a) The term "Additional Obligations" shall mean the revenue bonds, notes
or other obligations which the City reserves the right to issue in the future
on a parity with the Obligations, as provided in this Ordinance.
(b) The terms "City" and "Issuer" shall mean the City of Fort Worth,
Texas.
(c) The term "Code" shall mean the Internal Revenue Code of 1986, as
amended.
(d) The terms "Gross Revenues of the City's Combined Water and Sewer
System" and "Gross Revenues" shall mean all revenues, income, and receipts of
every nature derived or received by the City from the operation and ownership
of the System, including the interest income from the investment or deposit of
money in any Fund created by this Ordinance, or maintained by the City in
connection with the System (other than the monies on deposit in the Rebate Fund
created pursuant to Section 25 of this Ordinance).
(e) The term "Investment Act" shall mean the "Public Funds Investment Act
of 1987", Vernon's Annotated Texas Civil Statutes, Article 842a-2, and any
amendments thereto.
(f) The terms "Net Revenues of the City's Combined Water and Sewer
System" and "Net Revenues" shall mean all Gross Revenues after deducting and
paying the current expenses of operation and maintenance of the System (the
"Current Expenses"), as required by Vernon's Annotated Texas Civil Statutes,
Article 1113, including all salaries, labor, materials, repairs and extensions
necessary to render efficient service; provided, however, that only such repairs
and extensions as in the judgment of the City Council, reasonably and fairly
exercised and evidenced by the passage of the appropriate ordinance, are
necessary to keep the System in operation and render adequate service to said
City and the inhabitants thereof, or such as might be necessary to meet some
physical accident or condition which would otherwise impair the Prior Lien
Obligations, the Obligations or Additional Obligations, shall be deducted in
determining "Net Revenues". Payments made by the City for water supply or
treatment of sewage which under the law constitute operation and maintenance
expenses shall be considered herein as expenses incurred in the operation and
maintenance of the System. Depreciation shall never be considered as an expense
of operation and maintenance.
(g) The term "Obligations" shall mean the City of Fort Worth, Texas Water
and Sewer System Subordinate Lien Revenue Bonds, Series 1991, authorized by this
Ordinance.
(h) The term "Paying Agent/Registrar" shall mean the financial
institution specified in Section 5(a) hereof, or its herein permitted successors
and assigns.
(i) The term "Pledged Revenues" shall mean
(1) the Net Revenues, plus
(2) any additional revenues, income, receipts, or other resources,
including, without limitation, any grants, donations, or income
received or to be received from the United States Government, or
any other public or private source, whether pursuant to an
agreement or otherwise, which hereafter may be pledged to the
payment of the Prior Lien Bonds.
(j) The term "Previously Issued Parity Bonds" shall have the same
meaning given said term in the preamble to this Ordinance.
Minutes of City Council S-3 Page 303
Tuesday, August 27, 1991
(k) The term "Previously Issued Subordinate Lien Obligations" shall have
0905 cont. ce No. the same meaning given said term in the preamble to this Ordinance.
0905 c (1) The term "Prior Lien Bond Ordinance" shall have the same meaning
given said term in the preamble to this Ordinance.
(m) The term "Prior Lien Bonds" shall mean the Previously Issued Parity
Bonds and any bonds hereafter issued on a parity therewith pursuant to the terms
of the Prior Lien Bond Ordinance.
(n) The term "Prior Lien Obligations" shall mean the Prior Lien Bonds and
any System Obligations.
(o) The term "Subordinate Lien Revenue Bond Ordinance" shall have the
same meaning given said term in the preamble to the Ordinance.
(p) The term "System" shall mean and include the City's combined existing
water and sewer system, together with all future extensions, improvements,
enlargements, and additions thereto, and all replacements thereof; provided
that, notwithstanding the foregoing, and to the extent now or hereafter
authorized or permitted by law, the term System shall not include any water or
sewer facilities which are declared by the City not to be a part of the System
and which are acquired or constructed by the City with the proceeds from the
issuance of "Special Facilities Bonds", which are hereby defined as being
special revenue obligations of the City which are not secured by or payable from
the Pledged Revenues as defined herein, but which are secured by and payable
solely from special contract revenues or payments received from any other legal
entity in connection with such facilities; and such revenues or payments shall
not be considered as or constitute Gross Revenues of the System, unless and to
the extent otherwise provided in the ordinance or ordinances authorizing the
issuance of such "Special Facilities Bonds".
(q) The term "System Obligations" shall mean the line of credit securing
the Series A Notes (as defined in the preamble to this Ordinance); and any
obligations of the City hereafter issued or incurred by the City secured by a
lien on and pledge of the Pledged Revenues superior to the Obligations but
subordinate to the Prior Lien Bonds.
(r) The term "TWDB" shall mean the Texas Water Development Board, or any
successor agency thereto.
(s) The term "year" shall mean the regular fiscal year used by the City
in connection with the operation of the System, which may be any twelve
consecutive months period established by the City.
Section 8. PLEDGE. That the Previously Issued Subordinate Lien
Obligations, the Obligations and any Additional Obligations are and shall be
secured by and payable from a lien on and pledge of the Pledged Revenues;
provided, however, that said lien on and pledge of the Pledged Revenues shall
be junior and subordinate to the lien on and pledge of the Pledged Revenues to
the Prior Lien Obligations. In addition, the Pledged Revenues are further
pledged to the establishment and maintenance of the Debt Service Fund and the
Subordinate Lien Reserve Fund as hereinafter provided. The Previously Issued
Subordinate Lien Obligations, the Obligations and any Additional Obligations are
and will be secured by and payable only from the Pledged Revenues in the manner
described above, and are not secured by or payable from a mortgage or deed of
trust on any properties, whether real, personal, or mixed, constituting the
System.
Section 9. REVENUE FUND. That there has been created, and established
and maintained on the books of the City, and accounted for separate and apart
from all other funds of the City, a special fund to be entitled the "City of
Fort Worth, Texas Water and Sewer Operating Fund" (hereinafter called the
"Revenue Fund"). All Gross Revenues shall be credited to the Revenue Fund
immediately upon receipt. All current expenses of operation and maintenance of
the System shall be paid from such GrossRevenues as a first charge against
same. Thereafter, amounts required to pay the principal of and interest on the
Prior Lien Obligations by the terms of the ordinances authorizing the issuance
of Prior Lien Obligations, together with payments to reserve funds established
therein and other payments required under the ordinances authorizing Prior Lien
Obligations shall have priority over transfers from the Revenue Fund to the Debt
Service Fund and the Subordinate Lien Reserve Fund in accordance with this
Ordinance.
Section 10. DEBT SERVICE FUND. That for the sole purpose of paying the
principal of and interest on all Previously Issued Subordinate Lien Obligations,
the Obligations and any Additional Obligations, as the same come due, there has
been created, and established and maintained on the books of the City, a
separate fund to be entitled the "City of Fort Worth, Texas Water and Sewer
System Revenue Bonds Debt Service Fund" (hereinafter called the "Debt Service
Fund"). Monies in said Fund shall be maintained at an official depository bank
of the City.
Section 11. RESERVE FUND. That there has been created, and established
and maintained on the books of the City, a separate fund to be entitled the
"City of Fort Worth, Texas Water and Sewer System Revenue Bonds Subordinate Lien
Reserve Fund" (hereinafter called the "Subordinate Lien Reserve Fund"). Monies
in said Fund shall be used solely for the purpose of retiring the last of any
Previously Issued Subordinate Lien Obligations, Obligations or Additional
Obligations as they become due or paying principal of and interest on any
Previously Issued Subordinate Lien Obligations, Obligations or Additional
Minutes of City Council S-3 Page 304
3r,
Tuesday, August 27, 1991
Obligations when and to the extent the amounts in the Debt Service Fund are
rdinance No. insufficient for such purpose. Monies in said Fund shall be maintained at an
0905 cont. official depository bank of the City.
Section 12. PROJECT FUND. (a) That there is hereby created, established
and maintained on the books of the City, a separate fund to be entitled the
"City of Fort Worth, Texas Water and Sewer System Series 1991 Subordinate Lien
Revenue Bonds Project Fund" (hereinafter called the "Project Fund"). Monies in
said Fund shall be maintained at an official'depository bank of the City.
(b) Except as otherwise provided in Section 15 hereof, the proceeds of
each installment delivery of the Obligations to the purchaser shall be deposited
into the Project Fund and used by the City for payment of the costs of extending
and improving the System, and the payment of costs associated therewith,
including any costs for engineering, financing, financial consultation,
administrative, auditing and legal expenses. 1.
(c) Any surplus proceeds, including the investment earnings derived from
the investment of monies on deposit in the Project Fund, from the Obligations
remaining on deposit in the Project Fund after completing the improvements and
extensions to the System and upon the completion of the final accounting as
described in Section 22(n) hereof, shall be transferred to the Debt Service Fund
to redeem, in inverse order of maturity, the Obligations owned by TWDB. The
foregoing notwithstanding, it is further provided, however, that any interest
earnings on monies on deposit in the Project Fund which are required to be
rebated to the United States of America pursuant to Section 25 hereof in order
to prevent the Obligations from being arbitrage bonds shall be transferred to
the "Rebate Fund" hereinafter established and shall not be considered as
interest earnings for purposes of this subsection.
Section 13. DEPOSITS OF PLEDGED REVENUES; INVESTMENTS. (a) That the
Pledged Revenues shall be deposited in the Debt Service Fund and the Subordinate
Lien Reserve Fund when and as required by this Ordinance.
(b) That money in either the Debt Service Fund, the Subordinate Lien
Reserve Fund or the Project Fund may, at the option of the City, be invested in
authorized investments as set forth in the Investment' Act; provided that all
such deposits and investments shall have a par value (or market value when less
than par) exclusive of accrued interest at all times at least equal to the
amount of money credited to such Funds, and shall be made in such manner that
the money required to be expended from any Fund will be available at the proper
time or times. Money in the Subordinate Lien Reserve Fund shall not be invested
in securities maturing later than the final maturity of the Obligations and
Additional Obligations. Such investments shall be valued in terms of current
market value as of the last day of each year, except that direct obligations of
the United States (State and Local Government Series) in book -entry form shall
be continuously valued at their par or face principal amount. Such investments
shall be sold promptly when necessary to prevent any default in connection with
the Previously Issued Subordinate Lien Obligations, the Obligations or Addi-
tional Obligations.
Section 14. FUNDS SECURED. That money in all such Funds, to the extent
not invested, shall be secured in the manner prescribed by law for securing
funds of the City.
Section 15. DEBT SERVICE REQUIREMENTS. (a) That promptly after the
delivery of any installment of the Obligations the City shall cause to be
deposited to the credit of the Debt Service Fund any accrued interest received
from the sale and delivery thereof, and any such deposit shall be used to pay
part of the interest next coming due on the Obligations.
(b) That in addition to all amounts heretofore required to be deposited
to the credit of the Debt Service Fund, the City shall transfer from the Pledged
Revenues and deposit to the credit of the Debt Service Fund the amounts, at the
times, as follows:
(1) such amounts, deposited in approximately equal monthly
installments on or before the 25th day of each month hereafter, commencing
with the month during which the Obligations are delivered, or the month
thereafter if delivery is made after the 25th day thereof, as will be
sufficient, together with other amounts, if any, then on hand in the Debt
Service Fund and available for such purpose, to pay the interest scheduled
to accrue and come due on the Obligations on the next succeeding interest
payment date; and
(2) such amounts, deposited in approximately equal monthly
installments on or before the 25th day of each month hereafter, commencing
with the month during which the Obligations are delivered, or the month
thereafter if delivery is made after the 25th day thereof, as will be
sufficient, together with other amounts, if any, then on hand in the Debt
Service Fund and available for such purpose, to pay the principal
scheduled to mature and come due on the Obligations on the next succeeding
principal payment date.
SECTION 16. RESERVE REQUIREMENTS.' That the City covenants, subject to
the covenants set forth in Section 25 hereof relating to the tax-exempt status
of the Obligations, that the Subordinate Lien Reserve Fund shall be maintained
in an amount no less than the average annual principal and interest requirements
of the outstanding Previously Issued Subordinate Lien Obligations, Obligations
and Additional Obligations (the "Required Amount"),'to be funded in the manner
described below. On or before the 25th day of each month hereafter, commencing
Minutes of City Council S-3 Page 305
Tuesday, August 27, 1991
on the 25th day of the month of the initial delivery of the Obligations, or, if
Ordinance No. the initial delivery of any of the Obligations occurs on or after the 25th day
10905 cont. of such month, on the 25th day of the month next succeeding such initial
delivery, there shall be deposited Into the Subordinate Lien Reserve Fund,
1/60th of the Required Amount, until the Subordinate Lien Reserve Fund contains
the Required Amount. When and so long as the money and investments in the
Subordinate Lien Reserve Fund are not less than the Required Amount, no deposits
need be made to the credit of the Subordinate Lien Reserve Fund. When and if
the Subordinate Lien Reserve Fund at any time contains less than the Required
Amount due to any cause or condition other than the issuance of Additional
Obligations, then, subject and subordinate to making the required deposits to
the credit of the Debt Service Fund, such deficiency shall be made up as soon
as possible from the next available Pledged Revenues, or from any other sources
available for such purpose. The City may, at its option, withdraw and use for
any lawful purpose, all surplus in the Subordinate Lien Reserve Fund over the
Required Amount. The City hereby covenants that from available moneys it shall
deposit to the credit of the Subordinate Lien Reserve Fund such as is necessary
to maintain the Subordinate Lien Reserve Fund in an amount equal to the Required
Amount.
Section 17. DEFICIENCIES; EXCESS PLEDGED REVENUES. (a) That if on any
occasion there shall not be sufficient Pledged Revenues to make the required
deposits into the Debt Service Fund and the Subordinate Lien Reserve Fund, then
such deficiency shall be made up as soon as possible from the next available
Pledged Revenues, or from any other sources available for such purpose.
(b) That, subject to making the required deposits to the credit of the
Debt Service Fund and the Subordinate Lien Reserve Fund when and as required by
this Ordinance, or any ordinance authorizing the issuance of Additional Obliga-
tions, the excess Pledged Revenues may be used by the City for any lawful
purpose not inconsistent with the City's Charter.
Section 18. PAYMENT. That on or before September 1, 1991, and semiannu-
ally on or before each March 1 and September 1 thereafter while any of the
Previously Issued Subordinate Lien Obligations, the Obligations or Additional
Obligations are outstanding and unpaid, the City shall make available to the
Paying Agent/Registrar therefor, out of the Debt Service Fund (and the
Subordinate Lien Reserve Fund, if necessary) money sufficient to pay such
interest on and such principal of the Previously Issued Subordinate Lien
Obligations, the Obligations and Additional Obligations as shall become due and
mature on such dates, respectively, at maturity or by redemption prior to
maturity. The Paying Agent/Registrar shall destroy all paid Obligations and
furnish the City with an appropriate certificate of cancellation or destruction.
Section 19. FINAL DEPOSITS; GOVERNMENT OBLIGATIONS. (a) That any
Previously Issued Subordinate Lien Obligation, Obligation or Additional
Obligation shall be deemed to be paid, retired and no longer outstanding within
the meaning of this Ordinance when payment of the principal of, redemption
premium, if any, on such Previously Issued Subordinate Lien Obligation,
Obligation or Additional Obligation, plus interest thereon to the due date
thereof (whether such due date be by reason of maturity, upon redemption, or
otherwise) either (i) shall have been made or caused to be made in accordance
with the. terms thereof (including the giving of any required notice of
redemption), or (ii) shall have been provided for by irrevocably depositing
with, or making available to, a paying agent (or escrow agent) therefor, in
trust and irrevocably set aside exclusively for such payment, (1) money
sufficient to make such payment or (2) Government Obligations, as hereinafter
defined in this Section, certified by an independent public accounting firm of
national reputation, to mature as to principal and interest in such amounts and
at such times as will insure the availability, without reinvestment, of
sufficient money to make such payment, and all necessary and proper fees,
compensation, and expenses of such paying agent pertaining to the Previously
Issued Subordinate Lien Obligations, Obligations or Additional Obligations with
respect to which such deposit is made shall have been paid or the payment
thereof provided for to the satisfaction of such paying agent. At such time as
a Previously Issued Subordinate Lien Obligation, an Obligation or any Additional
Obligation shall be deemed to be paid hereunder, as aforesaid, it shall no
longer be secured by or entitled to the benefit of this Ordinance or a lien on
and pledge of the Pledged Revenues, and shall be entitled to payment solely from
such money or Government Obligations.
(b) That any moneys so deposited with a paying agent may, at the
direction of the City, also be invested in Government Obligations, maturing in
the amounts and times as hereinbefore set forth, and all income from all
Government Obligations in the hands of the paying agent pursuant to this Section
which is not required for the payment of the Previously Issued Subordinate Lien
Obligations, the Obligations and Additional Obligations, the redemption premium,
if any, and interest thereon, with respect to which such money has been so
deposited, shall be remitted to the City.
(c) That the City covenants that no deposit will be made or accepted
under clause (a)(ii) of this Section and no use made of any such deposit which
would cause the Previously Issued Subordinate Lien Obligations, the Obligations
or any Additional Obligations to be treated as arbitrage bonds within the
meaning of section 148 of the Code.
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(d) That for the purpose of this Section, the term "Government
Ordinance No. Obligations" shall mean direct obligations of the United States of America,
10905 cont. including obligati ons the principal of and interest on which are unconditionally
guaranteed by the United States of America.
(e) That notwithstanding any other provisions of this Ordinance, all
money or Government Obligations set aside and held in trust pursuant to the
provisions of this Section for the payment of Previously Issued Subordinate Lien
Obligations, Obligations and Additional Obligations, the redemption premium, if
any, and interest thereon, shall be applied to and used for the payment of such
Previously Issued Subordinate Lien Obligations, Obligations and Additional
Obligations, the redemption premium, if any, and interest thereon.
Section 20. ADDITIONAL OBLIGATIONS. (a) That the City shall have the
right and power at any time and from time to time and in one or more series or
issues, to authorize, issue, and deliver Prior Lien Obligations, in the manner
and for the purposes described in the ordinances- authorizing the issuance
thereof.
(b) That the City shall have the right and power at any time and from
time to time and in one or more series or issues, to authorize, issue and
deliver Additional Obligations, in accordance with law, in any amounts, for
purposes of extending, improving or repairing the System or for the purpose of
refunding of any Previously Issued Subordinate Lien Obligations, Obligations,
Additional Obligations or other obligations of the City incurred in connection
with the ownership or operation of the System. Such Additional Obligations, if
and when authorized, issued and delivered in accordance with this Ordinance,
shall be secured by and made payable equally and ratably on a parity with the
Previously Issued Subordinate Lien Obligations, and the Obligations, and all
other outstanding Additional Obligations, from a lien on and pledge of the
Pledged Revenues.
(c) That the Debt Service Fund and the Subordinate Lien Reserve Fund
established by this Ordinance shall secure and be used to pay all Additional
Obligations as well as the Previously Issued Subordinate Lien Obligations and
the Obligations. However, each ordinance under which Additional Obligations are
issued shall provide and require that, in addition to the amounts required by
the provisions of this Ordinance and the provisions of any other ordinance or
ordinances authorizing Additional Obligations to be deposited to the credit of
the Debt Service Fund, the City shall deposit to the credit of the Debt Service
Fund at least such amounts as are required for the payment of all principal of
and interest on said Additional Obligations then being issued, as the same come
due; and that the aggregate amount to be accumulated and maintained in the
Subordinate Lien Reserve Fund shall be increased (if and to the extent
necessary) to an amount not less than the average annual principal and interest
requirements of all Previously Issued Subordinate'Lien Obligations, Obligations
and Additional Obligations which will be outstanding after the issuance and
delivery of the then proposed Additional Obligations; and that the required
additional amount shall be so accumulated by the deposit in the Subordinate Lien
Reserve Fund of all or any part of said required additional amount in cash
immediately after the delivery of the then proposed Additional Obligations, or,
at the option of the City, by the deposit of said required additional amount (or
any balance of said required additional amount not deposited in cash as
permitted above) in monthly installments, made on or before the 25th day of each
month following the delivery of the then proposed Additional Obligations, of not
less than 1/60 of said required additional amount (or 1/60 of the balance of
said required additional amount not deposited in cash as permitted above).
(d) That all calculations of average annual principal and interest
requi rements made pursuant to thi s Secti on shal 1 be made as of and from the date
of the Additional Obligations then proposed to be issued.
Section 21. FURTHER REQUIREMENTS FOR ADDITIONAL OBLIGATIONS. That
Additional Obligations shall be issued only in accordance with this Ordinance,
but notwithstanding any provisions of this Ordinance to the contrary, no in-
stallment, Series or issue of Additional Obligations shall be issued or
delivered unless:
(a) The Mayor and the City Secretary of the City sign a written
certificate to the effect that the City is not in default as to any covenant,
condition or obligation in connection with all outstanding Prior Lien
Obligations, Previously Issued Subordinate Lien Obligations, Obligations and
Additional Obligations, and the ordinances authorizing same, and that the Debt
Service Fund and the Subordinate Lien Reserve Fund each contains the amount then
required to be therein.
(b) An independent certified public accountant,,or independent firm of
certified public accountants, signs a written certificate to the effect that,
during either the next preceding year, or any twelve consecutive calendar month
period ending not more than ninety days prior to the date of the then proposed
Additional Obligations, the Net Revenues were, in the opinion thereof, at least
equal to (1) 1.25 times the average annual principal and interest requirements
and (2) 1.1 times the principal and interest requirements for the year during
which such requirements are scheduled to be the greatest (each computed on a
fiscal year basis), of all Prior Lien Obligations, Previously Issued Subordinate
Lien Obligations, Obligations and Additional Obligations to be outstanding after
the issuance of the then proposed Additional Obligations, reasonably anticipated
to be paid from the Pledged Revenues.
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Section 22. GENERAL COVENANTS. That the City further covenants and
rdina nce No. agrees that in accordance with and to the extent required or permitted by law:
0905 cont. (a) PERFORMANCE. It will faithfully perform at all times any and all
covenants, undertakings, stipulations, and provisions contained in this
Ordinance, and each ordinance authorizing the issuance of Additional
Obligations, and in each and every Obligation and Additional Obligation; it will
promptly pay or cause to be paid the principal of and interest on every
Obligation and Additional Obligation, on the dates and in the places and manner
prescribed in such ordinances and Obligations or Additional Obligations; and it
will, at the time and in the manner prescribed, deposit or cause to be deposited
the amounts required to be deposited into the Debt Service Fund and the
Subordinate Lien Reserve Fund; and any owner of the Obligations or Additional
Obligations may require the City, its officials and employees to carry out,
respect or enforce the covenants and obligations of this Ordinance, or any
ordinance authorizing the issuance of Additional Obligations, by all legal and
equitable means, including specifically, but without limitation, the use and
filing of mandamus proceedings, in any court of competent jurisdiction, against
the City, its officials and employees.
(b) CITY'S LEGAL AUTHORITY. It is a duly created and existing home rule
city of the State of Texas, and is duly authorized under the laws of the State
of Texas to issue the Obligations; that all action on its part for the issuance
of the Obligations has been duly and effectively taken, and that the Obligations
in the hands of the owners thereof are and will be valid and enforceable special
obligations of the City in accordance with their terms.
(c) TITLE. It has or will obtain lawful title to the lands, buildings,
structures and facilities constituting the System, that it warrants that it will
defend the title to all the aforesaid lands, buildings, structures and facili-
ties, and every part thereof, for the benefit of the owners of Prior Lien
Obligations, Previously Issued Subordinate Lien Obligations, Obligations and
Additional Obligations, against the claims and demands of all persons
whomsoever, that it is lawfully qualified to pledge the Pledged Revenues to the
payment of the Previously Issued Subordinate Lien Obligations, Obligations and
Additional Obligations in the manner prescribed herein, and has lawfully
exercised such rights.
(d) LIENS. It will from time to time and before the same become
delinquent pay and discharge all taxes, assessments and governmental charges,
if any, which shall be lawfully imposed upon it, or the System; it will pay all
lawful claims for rents, royalties, labor, materials and supplies which if
unpaid might by law become a lien or charge thereon, the lien of which would be
prior to or interfere with the liens hereof, so that the priority of the liens
granted hereunder shall be fully preserved in the manner provided herein, and
it will not create or suffer to be created any mechanic's, laborer's,
material man's or other lien or charge which might or could be prior to the liens
hereof, or do or suffer any matter or thing whereby the liens hereof might or
could be impaired; provided however, that no such tax, assessment or charge, and
that no such claims which might be used as the basis of a mechanic's, laborer's,
materialman's or other lien or charge, shall be required to be paid so long as
the validity of the same shall be contested in good faith by the City.
(e) OPERATION OF SYSTEM; NO FREE SERVICE. 'It will, while the Previously
Issued Subordinate Lien Obligations, the Obligations or any Additional
Obligations are outstanding and unpaid, continuously and efficiently operate the
System, and shall maintain the System in good condition, repair and working
order, all at reasonable cost. No free service of the System shall be allowed,
and should the City or any of its agencies or instrumentalities make use of the
services and facilities of the System, payment of the reasonable value shall be
made by the City out of funds from sources other than the revenues of the
System, unless made from surplus or excess Pledged Revenues as permitted in
Section 17(b).
(f) FURTHER ENCUMBRANCE. It, while the Previously Issued Subordinate
Lien Obligations, the Obligations or any Additional Obligations are outstanding
and unpaid, will not additionally encumber the Pledged Revenues in any manner,
except with respect to the Prior Lien Obligations and except as permitted in
this Ordinance in connection with Additional Obligations, unless said
encumbrance is made junior and subordinate in all respects to the liens, pled-
ges, covenants and agreements of this Ordinance; but the right of the City to
issue revenue bonds payable from a lien on the Pledged Revenues junior and
subordinate in all respects to the Previously Issued Subordinate Lien
Obligations, the Obligations and any Additional Obligations is specifically
recognized and retained.
(g) SALE OR DISPOSAL OF PROPERTY. It, while the Prior Lien Obligations,
the Previously Issued Subordinate Lien Obligations, the Obligations or any
Additional Obligations are outstanding and unpaid, will not sell, convey,
mortgage, encumber, lease or in any manner transfer title to, or otherwise
dispose of the System, or any significant or substantial part thereof; provided
further that whenever the City deems it necessary to dispose of any other pro-
perty, machinery, fixtures or equipment, it may sell or otherwise dispose of
such property, machinery, fixtures or equipment when it has made arrangements
to replace the same or provide substitutes therefor, unless it is determined
that no such replacement or substitute is necessary. Proceeds from any sale
hereunder not used to replace or provide for substitution of such property sold,
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Ordinance No. shall be used for improvements to the System or to purchase or redeem Prior Lien
i. 10905 cont. Obligations, Previously Issued Subordinate Lien Obligations, Obligations and
Additional Obligations.
(h) INSURANCE. (1) It shall cause to be insured such parts of the
System as would usually be insured by corporations operating like properties,
with a responsible insurance company or companies, against risks, accidents or
casualties against which and to the extent insurance is usually carried by
corporations operating like properties, including, to the extent reasonably
obtainable, fire and extended coverage insurance, insurance against damage by
floods, and use and occupancy insurance. Public liability and property damage
insurance shall also be carried unless the City Attorney of the City gives a
written opinion to the effect that the City is not liable for claims which would
be protected by such insurance. At any time while any contractor engaged in
construction work shall be fully responsible therefor, the City shall not be
required to carry insurance on the work being constructed if the contractor is
required to carry appropriate insurance. All such policies shall be open to the
inspection of the bondholders and their representatives at all reasonable times.
Upon the happening of any loss or damage covered by insurance from one or more
of said causes, the City shall make due proof of loss and shall do all things
necessary or desirable to cause the insuring companies to make payment in full
directly to the City. The proceeds of insurance covering such property;
together with any other funds necessary and available for such purpose, shall
be used forthwith by the City for repairing the property damaged or replacing
the property destroyed; provided, however, that if said insurance proceeds and
other funds are insufficient for such purpose, then said insurance proceeds
pertaining to the System shall be used promptly as follows:
(i) for the redemption prior to maturity of the Prior Lien
Obligations, the Previously Issued Subordinate Lien Obligations, the
Obligations and Additional Obligations, ratably in the proportion that the
outstanding principal of each series of Prior Lien Obligations, the
Previously Issued Subordinate Lien Obligations, Obligations or Additional
Obligations bear to the total outstanding principal of all Prior Lien
Obligations, the Previously Issued Subordinate Lien Obligations, the
Obligations and Additional Obligations, provided that if on any such
occasion the principal of any such series is not subject to redemption,
it shall not be regarded as outstanding in making the foregoing com-
putation; or
(ii) if none of the outstanding Prior Lien Obligations, Previously
Issued Subordinate Lien Obligations, Obligations or Additional Obligations
is subject to redemption, then for the purchase on the open market and
retirement of said Prior Lien Obligations, Previously Issued Subordinate
Lien Obligations, Obligations and Additional Obligations in the same
proportion as prescribed in the foregoing clause (I), to the extent
practicable; provided that the purchase price for any Prior Lien
Obligation, Previously Issued Subordinate Lien Obligations, Obligation or
Additional Obligation shall not exceed the redemption price of such Prior
Lien Obligation, Previously Issued Subordinate Lien Obligations, Obliga-
tion or Additional Obligation on the first date upon which it becomes
subject to redemption; or
(iii) to the extent that the foregoing clauses (i) and (ii) cannot
be complied with at the time, the insurance proceeds, or the remainder
thereof, shall be deposited in a special and separate trust fund, at an
official depository of the City, to be designated the Insurance Account.
The Insurance Account shall be held until such time as the foregoing
clauses (i) and/or (ii) can be complied with, or until other funds become
available which, together with the Insurance Account, will be sufficient
to make the repairs or replacements originally required, whichever of said
events occurs first.
(2) The foregoing provisions of (1) above notwithstanding, the City shall
have authority either to self -insure or enter into co-insurance or similar plans
where risk of loss is shared in whole or in part by the City.
(3) The annual audit hereinafter required shall contain a section
commenting on whether or not the City has complied with the requirements of this
Section with respect to the maintenance of insurance, and listing all policies
carried, and whether or not all insurance premiums upon the insurance policies
to which reference is hereinbefore made have been paid.
(i) RATE COVENANT. The City Council of the City will fix, establish,
maintain and collect such rates, charges and fees for the use and availability
of the System at all times as are necessary to produce Gross Revenues sufficient
(1) to pay all current operation and maintenance expenses of the System, (2) to
produce Net Revenues for each year at least equal to the principal and interest
requirements of all then outstanding Prior Lien Obligations, Previously Issued
Subordinate Lien Bonds, the Obligations and Additional Obligations reasonably
anticipated to be paid from the Pledged Revenues, and (3 ) to pay all other
obligations of the System reasonably anticipated to be paid from the Pledged
Revenues.
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(j) RECORDS. It will keep proper books of record and account in which
Ordinance No. full, true and correct entries will be made of all dealings, activities and
10905 cont. transactions relating to the System, the Pledged Revenues and the Funds created
pursuant to this Ordinance, and all books, documents and vouchers relating
thereto shall at all reasonable times be made available for inspection upon
request of any bondholder.
(k) AUDITS. (1) After the close of each year while any of the Prior
Lien Obligations, the Previously Issued Subordinate Lien Bonds, the Obligations
or any Additional Obligations are outstanding, an audit will be made of the
books and accounts relating to the System and the Pledged Revenues by an
independent certified public accountant or an independent firm of certified
public accountants. As soon as practicable after the close of each such year,
and when said audit has been completed and made available to the City, a copy
of such audit for the preceding year shall be mailed to the Municipal Advisory
Council of Texas and to any holder of 5% or more in aggregate principal amount
of then outstanding Prior Lien Obligations, Previously Issued Subordinate Lien
Obligations, Obligations and Additional Obligations who shall so request in
writing. Such annual audit reports shall be open to the inspection of the
bondowners and their agents and representatives at all reasonable times.
(2) For so long as the State of Texas owns any of the Obligations, the
City shall mail a copy of the audit provided for in subsection (k)(1) of this
Section to the TWDB. In addition, monthly operating statements for the System
shall be delivered to the TWDB as long as the State of Texas owns any of the
Obligations, and the monthly operating statement shall be in such detail as
requested by the Development Fund Manager of the TWDB until this requirement is
waived by said Development Fund Manager.
(1) GOVERNMENTAL AGENCIES. It will comply with all of the terms and
conditions of any and all franchises, permits and authorizations applicable to
or necessary with respect to the System, and which have been obtained from any
governmental agency; and the City has or will obtain and keep in full force and
effect all franchises, permits, authorization and other requirements applicable
to or necessary with respect to the acquisition, construction, equipment, opera-
tion and maintenance of the System.
(m) NO COMPETITION. It will not grant any franchise or permit for the
acquisition, construction or operation of any competing facilities which might
be used as a substitute for the System's facilities, and, to the extent that it
legally may, the City will prohibit any such competing facilities.
(n) FINAL ACCOUNTING. The City shall render a final accounting to the
TWDB in reference to the total cost incurred by the City for improvements and
extensions to the System which were financed by the Issuance of the Obligations,
together with a copy of "as built" plans of such improvements and extensions
upon completion.
(o) COMPLIANCE WITH THE TEXAS WATER DEVELOPMENT BOARD'S RULES AND
REGULATIONS. The City covenants to comply with the rules and regulations of the
TWDB, and to maintain insurance on the System in such amount as may be required
by TWDB.
Section 23. AMENDMENT OF ORDINANCE. (a) That the owners of Previously
Issued Subordinate Lien Obligations, the Obligations and Additional Obligations
aggregating in principal amount 51% of the aggregate principal amount of then
outstanding Previously Issued Subordinate Lien Obligations, the Obligations and
Additional Obligations shall have the right from time to time to approve any
amendment to this Ordinance which may be deemed necessary or desirable by the
City, provided, however, that without the consent of the owners of all of the
Previously Issued Subordinate Lien Obligations, the Obligations and Additional
Obligations at the time outstanding, nothing herein contained shall permit or
be construed to permit the amendment of the terms and conditions in this
Ordinance or in the Previously Issued Subordinate Lien Obligations, the
Obligations or Additional Obligations so as to:
(1) Make any change in the maturity of the outstanding Previously
Issued Subordinate Lien Obligations, the Obligations or Additional
Obligations;
(2) Reduce the rate of interest borne by any of the outstanding
Previously Issued Subordinate Lien Obligations, Obligations or
Additional Obligations;
(3) Reduce the amount of the principal payable on the outstanding
Previously Issued Subordinate Lien Obligations, Obligations or
Additional Obligations;
(4) Modify the terms of payment of principal of or interest on the
outstanding Previously Issued Subordinate Lien Obligations,
Obligations or Additional Obligations, or impose any conditions
with respect to such payment;
(5) Affect the rights of the owners of less than all of the Previously
Issued Subordinate Lien Obligations, Obligations and Additional
Obligations then outstanding;
(6) Affect the rights of the owners of the Prior Lien Obligations;
(7) Change the minimum percentage of the principal amount of Previously
Issued Subordinate Lien Obligations, Obligations and Additional
Obligations necessary for consent to such amendment.
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(b) That if at any time the City shall desire to amend the Ordinance
rdinance No. under this Section, the City shall cause notice of the proposed amendment to be
0905 cont. published in a financial newspaper or journal published in The City of New York,
New York, once during each calendar week for at least two successive calendar
weeks. Such notice shall briefly set forth the nature of the proposed amendment
and shall state that a copy thereof is on file at the principal office of the
Paying Agent/Registrar for inspection by all holders of Prior Lien Obligations,
Previously Issued Subordinate Lien Obligations, Obligations and Additional
Obligations. Such publication is not required, however, if notice in writing
is given to each holder of Prior Lien Obligations, Previously Issued Subordinate
Lien Obligations, Obligations and Additional Obligations.
(c) That whenever at any time not less than thirty days, and within one
year, from the date of the first publication of said notice or other service of
written notice the City shall receive an instrument or instruments executed by
the owners of at least 51% in aggregate principal amount of all Previously
Issued Subordinate Lien Obligations, Obligations and Additional Obligations then
outstanding, which instrument or instruments shall 'refer to the proposed
amendment described in said notice and which specifically consent to and approve
such amendment in substantially the form of the copy thereof on file with the
Paying Agent/Registrar, the City Council may pass the amendatory ordinance in
substantially the same form.
(d) That upon the passage of any amendatory ordinance pursuAnt to the
provisions of this Section, this Ordinance shall be deemed to be amended in
accordance with such amendatory ordinance, and the respective rights, duties and
obligations under this Ordinance of the City and all the owners of then
outstanding Previously Issued Subordinate Lien Obligations, Obligations and
Additional Obligations and all future Additional Obligations shall thereafter
be determined, exercised and enforced hereunder, subject in all respects to such
amendments.
(e) That any consent given by the owner of a Previously Issued
Subordinate Lien Obligation, Obligation or Additional Obligation pursuant to the
provisions of this Section shall be irrevocable for a period of six months from
the date of the first publication of the notice provided for in this Section,
and shall be conclusive and binding upon all future owners of the same
Previously Issued Subordinate Lien Obligation, Obligation or Additional
Obligation during such period. Such consent may be revoked at any time after
six months from the date of the first publication of such notice by the owner
who gave such consent, or by a successor in title, by filing notice thereof with
the Paying Agent/Registrar and the City, but such revocation shall not be
effective if the owners of 51% in aggregate principal amount of the then
outstanding Previously Issued Subordinate Lien Obligations, Obligations and
Additional Obligations as in this Section defined have, prior to the attempted
revocation, consented to and approved the amendment.
(f) That for the purpose of this Section, the ownership of Previously
Issued Subordinate Lien Obligations, Obligations or Additional Obligations shall
be as shown by the registration books of the registrar therefor.
(g) The foregoing provisions of this Section notwithstanding, the City
by action of the City Council may amend this Ordinance for any one or more of
the following purposes:
(1) To add to the covenants and agreements of the City in this
Ordinance contained, other covenants and agreements thereafter to be
observed, grant additional rights or remedies to bondholders or to
surrender, restrict or limit any right or power herein reserved to or
conferred upon the City;
(2) To make such provisions for the purpose of curing any
ambiguity, or curing, correcting or supplementing any defective provision
contained in this Ordinance, or in regard to clarifying matters or
questions arising under this Ordinance, as are necessary or desirable and
not contrary to or inconsistent with this Ordinance and which shall not
adversely affect the interests of the owners of the Prior Lien
Obligations, the Obligations or Additional'Obligations;
(3) To modify any of the provisions of this Ordinance in any other
respect whatever, provided that (i) such modification shall be, and be
expressed to be, effective only after all Obligations and each series of
Additional Obligations outstanding at the date of the adoption of such
modification shall cease to be outstanding, and (ii) such modification
shall be specifically referred to in the text of all Additional Obliga-
tions issued after the date of the adoption of such modification.
Section 24. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS. (a)
REPLACEMENT BONDS. In the event any outstanding Obligation is damaged,
mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause
to be printed, executed, and delivered, a new bond of the same principal amount,
maturity, and interest rate, as the damaged, mutilated, lost, stolen, or
destroyed Obligation, in replacement for such Obligation in the manner
hereinafter provided.
(b) APPLICATION FOR REPLACEMENT BONDS. Application for replacement of
damaged, mutilated, lost, stolen, or destroyed Obligations shall be made to the
Paying Agent/Registrar. In every case of loss, theft, or destruction of an
Obligation, the applicant for a replacement bond shall furnish to the City and
to the Paying Agent/Registrar such security or indemnity as may be required by
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them to save each of them harmless from any loss or damage with respect thereto.
Ordinance No. Also, in every case of loss, theft, or destruction of an Obligation, the
10905 cont. applicant shall furnish to the City and to the Paying Agent/Registrar evidence
to their satisfaction of the loss, theft, or destruction of such Obligation, as
the case may be. In every case of damage or mutilation of an Obligation, the
applicant shall surrender to the Paying Agent/Registrar for cancellation the
Obligation so damaged or mutilated.
(c) NO DEFAULT OCCURRED. Notwithstanding the foregoing provisions of
this Section, in the event any such shall have matured, and no default has
occurred which is then continuing in the payment of the principal of, redemption
premium, if any, or interest on the Obligation, the City may authorize the
payment of the same (without surrender thereof except in the case of a damaged
or mutilated Obligation) instead of issuing a replacement Obligation, provided
security or indemnity is furnished as above provided in this Section.
(d) CHARGE FOR ISSUING REPLACEMENT BONDS. Prior to the issuance of any
replacement bond, the Paying Agent/Registrar shall charge the owner of such
Obligation with all legal, printing, and other expenses in connection therewith.
Every replacement bond issued pursuant to the provisions of this Section by
virtue of the fact that any Obligation is lost, stolen, or destroyed shall
constitute a contractual obligation of the City whether or not the lost, stolen,
or destroyed Obligation shall be found at any time, or be enforceable by anyone,
and shall be entitled to all the benefits of this Ordinance equally and
proportionately with any and all other Obligations duly issued under this Ordi-
nance.
(e) AUTHORITY FOR ISSUING REPLACEMENT BONDS. In accordance with Section
6 of Art. 717k-6, V.A.T.C.S., this Section of this Ordinance shall constitute
authority for the issuance of any such replacement bond without necessity of
further action by the governing body of the City or any other body or person,
and the duty of the replacement of such bonds is hereby authorized and imposed
upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall
authenticate and deliver such bonds in the form and manner and with the effect,
as provided in Section 5(d) of this Ordinance for Obligations issued in exchange
for other Obligations.
Section 25. TAX COVENANTS. The Issuer covenants to take any action to
assure, or refrain from any action which would adversely affect, the treatment
of the Obligations as obligations described in section 103 of the Code, the
interest on which is not includable in the "gross income" of the holder for
purposes of federal income taxation. In furtherance thereof, the Issuer
covenants as follows:
(a) to take any action to assure that no more than 10 percent of
the proceeds of the Obligations (less amounts deposited to a reserve fund,
if any) are used for any "private business use", as defined in section
141(b)(6) of the Code or, if more than .10 percent of the proceeds are so
used, that amounts, whether or not received by the Issuer, with respect
to such private business use, do not, under the terms of this Ordinance
or any underlying arrangement, directly or indirectly, secure or provide
for the payment of more than 10 percent of the debt servi ce on the Obl i ga-
tions, in contravention of section 141(b)(2) of the Code;
(b) to take any action to assure that in the event that the
"private business use" described in subsection (a) hereof exceeds 5
percent of the proceeds of the Obligations (less amounts deposited into
a reserve fund, if any) then the amount in excess of 5 percent is used for
a "private business use" which is "related" and not "disproportionate",
within the meaning of section 141(b)(3) of the Code, to the governmental
use;
(c) to take any action to assure that no amount which is greater
than the lesser of $5,000,000, or 5 percent of the proceeds of the
Obligations (less amounts deposited into a reserve fund, if any) is
directly or indirectly used to finance loans to persons, other than state
or local governmental units, in contravention of section 141(c) of the
Code;
(d) to refrain from taking any action which would otherwise result
in the Obligations being treated as "private activity bonds" within the
meaning of section 141(b) of the Code;
(e) to refrain from taking any action that would result in the
Obligations being "federally guaranteed" within the meaning of section
149(b) of the Code;
(f) to refrain from using any portion of the proceeds of the
Obligations, directly or indirectly, to acquire or to replace funds which
were used, directly or indirectly, to acquire investment property (as
defined in section 148(b)(2) of the Code) which produces a materially
higher yield over .the term of the Obligations, other than investment
property acquired with --
(1) proceeds of the Obligations invested for a reasonable
temporary period of 3 years or less until such proceeds are needed
for the purpose for which the Obligations are issued,
(2) amounts invested in a bona fide debt service fund,
within the meaning of section 1.103-13(b)(12) of the Treasury
Regulations, and
Minutes of City Council S-3 Page 312
313
Tuesday, August 27, 1991
Ordinance No. (3) amounts deposited in any reasonably required reserve or
10905 cont. replacement fund to the extent such amounts do not exceed 10
percent of the proceeds of the Obligations;
(g) to otherwise restrict the .use of the proceeds of the
Obligations or amounts treated as proceeds of the Obligations, as may be
necessary, so that the Obligations do not otherwise contravene the
requirements of section 148 of the Code (relating to arbitrage) and, to
the extent applicable, section 149(d) of the Code (relating to advance
refundings);
(h) to pay to the United States of America at least once during
each five-year period (beginning on the date of delivery of the
Obligations) an amount that is at least equal to 90 percent of the "Excess
Earnings", within the meaning of section 148(f) of the Code and to pay to
the United States of America, not later than 60 days after the Obligations
have been paid in full, 100 percent of the amount then required to be paid
as a result of Excess Earnings under section 148(f) of the Code; and
(i) to maintain such records as will enable the Issuer to fulfill
its responsibilities under this section and section 148 of the Code and
to retain such records for at least six years following the final payment
of principal and interest on the Obligations.
It is the understanding of the Issuer that the covenants contained herein are
intended to assure compliance with the Code and any regulations or rulings
promulgated by the U.S. Department of the Treasury pursuant thereto. In the
event that regulations or rulings are hereafter promulgated which modify, or
expand provisions of the Code, as applicable to the Obligations, the Issuer will
not be required to comply with any covenant contained herein to the extent that
such modification or expansion, in the opinion of nationally -recognized bond
counsel, will not adversely affect the exemption from federal income taxation
of interest on the Obligations under section 103 of the Code. In the event that
regulations or rulings are hereafter promulgated which impose additional
requirements which are applicable to the Obligations, the Issuer agrees to
comply with the additional requirements to the extent necessary, in the opinion
of nationally -recognized bond counsel, to preserve the exemption from federal
income taxation of interest on the Obligations under section 103 of the Code.
In addition, TWDB has informed the City that approximately five -sixths of
the amount of the purchase price of each installment of the Obligations will be
derived from amounts provided by the United States Government under the Water
Quality Act of 1987 and the one-sixth of the amount of the purchase price of
each installment of the Obligations will be provided from amounts which are or
will be transferred proceeds of bonds to be issued by TWDB. The City will take
all reasonable actions specified in any written instructions provided to the
City by TWDB to assure that the interest on said bonds, or any bonds issued to
refund said bonds, shall be excludable from the gross income of the holders
there for federal income tax purposes.
Section 26. APPROVAL AND REGISTRATION OF BONDS. That the proper
officials of the City are hereby authorized to have control of the Obligations
and all necessary records and proceedings pertaining to the Obligations pending
their delivery and their investigation, examination and approval by the Attorney
General of ' the State of Texas, and their registration by the Comptroller of
Public Accounts of the State of Texas. Upon registration of the Obligations,
said Comptroller of Public Accounts (or a deputy designated in writing to act
for said Comptroller) shall manually sign the Comptroller's Registration
Certificate accompanying the Obligations, and the seal of said Comptroller shall
be impressed, or placed in facsimile, on each such certificate.
.Section 27. SALE. (a) The Obligations are hereby sold to TWDB for the
price of par. The Obligations may be delivered to TWDB in accordance with the
schedule set forth in Section 2 of this Ordinance, and paid for in installments
and at such times as shall be approved by the City Manager, provided none of the
Obligations shall be so delivered without the City's receiving full payment
therefor. The Obligations initially delivered shall be registered in the manner
described in subsection (c) below.
(b) The City hereby authorizes the City Manager to approve the form and
content of an Offering Memorandum to be filed with the TWDB, such Offering
Memorandum to fully describe the Obligations, the security therefor and the
financial condition of the City.
(c) To facilitate the delivery of the Obligations in installments to
TWDB, the City hereby instructs the Paying Agent/Registrar to hold the
Obligations in escrow, and therefore the Obligations shall be initially
registered in the name of the Paying Agent/Registrar. Upon receipt of advice
from the City from time to time that money is available from TWDB, the Paying
Agent/Registrar shall deliver Obligations to the TWDB in accordance with the
instructions of the City. The Paying Agent/Registrar shall complete the "Date
of Delivery" on each installment of Obligations so delivered to TWDB as provided
in Section 5 (e ) of this Ordinance, and interest on each such installment of
Obligations so delivered shall commence from such date.
(d) It is the intent of the parties to the sale of the Obligations that
if TWDB ever determines to sell all or a part of the Obligations, it shall
notify the City at least 60 days prior to the sale of the Obligations of the
decision to so sell the Obligations.
Minutes of City Council S-3 Page 313
N
Tuesday, August 27, 1991
Section 28. IMMEDIATE EFFECT. That this Ordinance shall be effective
Ordinance No. immediately from and after its passage in accordance with the provisions of
10905 cont. Section 2 of Chapter 25 of the Charter of the City, and it is accordingly so
ordained.
It was the consensus of the City Council that consideration of CP -163, Regulations
Applicable to Certain City Council Appointees and their Departments, be continued for one
week.
Policy Proposal There was presented Policy Proposal No. CP -164, proposed by Council Member Chappell,
No. CP -164 re stating that, during the City Council budget hearings in 1990, then Mayor Bob Bolen and the
dental services
City Council encouraged the formation of a Dental Task Force of the City of Fort Worth and
Tarrant County; that the action came as a result of the overwhelming opposition by concerned
citizens and by members of the dental community to a proposal to eliminate the provision of
dental services from the City's budget; that, in order to facilitate the work of the task
force, support was provided by the City Manager's Office in the form of mailing meeting
notices; that staff from both the Health Department and the City Manager's Office have
attended the task force meetings; that some members of the task force have also expressed
an interest in exploring the broader issue of general public health governance and funding;
that this proposal is within the power of the City Council and there is no legal impediment
to its implementations; and recommending that the Dental Task Force of the City of Fort
Worth and Tarrant County be given a formal charge by the Fort Worth City Council, as
follows:
CHARGE TO THE TASK FORCE
In exchange for this support, the Dental Force of the City of Fort Worth and the
Tarrant County is formally charged to undertake the following activities:
- To continue to evaluate the need for publicly provided dental
services and to advise the City Council as the appropriate scope
and mechanism for service delivery.
To continue to evaluate the level and source of funding for public
dental health services.
To facilitate intergovernmental cooperation among the City, the
County and other authorities in order to accomplish equitable
funding of public dental health services.
It is further proposed that the Dental Task Force be provided with support for necessary
correspondence and that a staff liaison be appointed by the City Manager. On motion of
Council Member Chappell, seconded by Council Member Woods, the proposal was adopted.
M&C OCS-325 There was presented Mayor and Council Communication No. OCS-325 from the Office of the
Claims City Secretary recommending that notices of claims regarding alleged damages and/or injuries
be referred to the Risk Management Department, as follows:
andy W. Stoneberg,1. Claimant: Randy W. Stoneberg, riend of Lindsey g, Individually, and as Next
. Stoneberg, a Friend of Lindsey M. Stoneberg, a Minor
inor Date Received: August 15, 1991
Date of Incident: June 6, 1991
Location of Incident: ' Fort Worth Water Gardens
Estimate of Damages/
Injuries: $125.50
Nature of Incident: Claimant alleges injuries sustained to Lindsey M.
Stoneberg, a Minor, as .the result of chemical
burns.
andy W. Stoneberg 2. Claimant: Randy W. Stoneberg, Individually, and as Next
riend of Benjamin Friend of Benjamin D. Stoneberg, a Minor
Stoneberg, a Date Received: August 15, 1991
inor Date of Incident: June 6, 1991
Location of Incident: Fort Worth Water Gardens
Estimate of Damages/
Injuries: $135.50
Nature of Incident: Claimant alleges injuries sustained to Benjamin D.
Stoneberg, a Minor, as the result of chemical
burns.
uAnn Phelps 3. Claimant: LuAnn Phelps
Date Received: August 15, 1991
Date of Incident: August 4, 1991
Location of Incident: 1900 Tremont
Estimate of Damages/
Injuries: $226.06
Nature of Incident: Claimant alleges damages as the result of water
backing up into basement.
Minutes of City Council S-3 Page 314
5
Tuesday, August 27, 1991
Johnny J.R. Evans
4. Claimant:
Johnny J.R. Evans
Date Received:
August 15, 1991
Date of Incident:
June 24, 1991
Location of Incident:
5600 Block of Wales and Walton
Estimate of Damages/
Injuries:
$58.29
Nature of Incident:
Claimant alleges damages sustained to vehicle as
the result of hitting a broken meter valve in the
street.
5. Claimant:
Frank Simurdak
Frank Simurdak
Date Received:
August 16, 1991
Date of Incident:
Undeclared
Location of Incident:
732 Ernest Street
Estimate of Damages/
Injuries:
$4,000.00
Nature of Incident:
Claimant alleges damages to driveway as the result
of water diverted from a blocked drain.
Earnest Alvin
6. Claimant:
Earnest Alvin Anderson
Anderson
Date Received:
August 16, 1991
Date of Incident:
July 3, 1991
Location of Incident:
Interstate 30 near Oakland Boulevard Exit
Estimate of Damages/
Injuries:
Unknown
Nature of Incident:
Claimant alleges injuries sustained as the result
of Police action.
Dorothy A. Mac- 7. Claimant: Dorothy A. MacMurray
Murray Date Received: August 16, 1991
Date of Incident: January -February 1991
Location of Incident: Intersection of Kirkwood and Floyd
Estimate of Damages/
Injuries: $62.09
Nature of Incident: Claimant alleges damages sustained as the result
of repairs made to water main.
Charles V. and 8. Cl aimant: Charles V. and Barbara J. Edwards
Barbara J. Edwards Date Received: August 16, 1991
Date of Incident: June 3, 1991
Location of Incident: 5400 Santa Marie
Estimate of Damages/
Injuries: $20,000.00
Nature of Incident: Claimants allege damages as the result of a tree
falling onto their property.
Albert J. Franca- 9. Claimant: Albert J. Francavilla, Jr.
villa, J r . Date Received: August 16, 1991
Date of Incident: June 25, 1991
Location of Incident: 6213 Wrigley Way
Estimate of Damages/
Injuries: $1,400.00 - $1,692.00
Nature of Incident: Claimant alleges damages as result of a broken
water main.
Ella Brown 10. Cl aimant: Ella Brown
Date Received: August 19, 1991
Date of Incident: June 30, 1991
Attorney: William S. Harris
Location of Incident: John Peter Smith Hospital
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges injuries sustained as the result
of Police action.
Javier Avila 11. Claimant: Javier Avila
Date Received: August 19, 1991
Date of Incident: May 12 - June 14, 1991
Location of Incident:
Estimate of Damages/
Injuries: $600.00
Nature of Incident: Claimant seeks to recover cost of vehicle as the
result of an alleged Police action.
Minutes of City Council S-3 Page 315
Tuesday, August 27, 1991
Dorothy C. Single 12. Claimant: - Dorothy C. Singleton
ton Date Received: August 19, 1991
Date of Incident: August 13, 1991
Location of Incident: 4412 S. Edgewood Terrace
Estimate of Damages/
Injuries: $425.75 - $525.00
Nature of Incident: Claimant alleges damages as the result of sewage
backing up into home.
Billy and Wilma 13. Claimant: Billy and Wilma Mayo
Mayo Date Received: August 20, 1991
Date of Incident: May 24, 1991
Location of Incident: 3421 Hazeline Road
Estimate of Damages/
Injuries: $461.39 - $500.00
Nature of Incident: Claimants allege damages sustained as the result
of a broken water main.
Henry Jobe 14. Claimant: Henry Jobe
Date Received: August 20, 1991
Date of Incident: Undeclared
Location of Incident: Panola and Clairmont
Estimate of Damages/
Injuries: $1,000.00 - $1,500.00
Nature of Incident: Claimant alleges injuries as the result of falling
allegedly due to a broken water turn-off valve.
Jason Shane Reed 15. Claimant: Jason Shane Reed
Date Received: August 20, 1991
Date of Incident: July 28, 1991
Location of Incident: Eastbound on I-30
Estimate of Damages/
Injuries: $207.69 - $234.58
Nature of Incident: Claimant alleges damages to automobile as the
result of debris thrown from a City -owned vehicle.
Patrick A. Jury 16. Claimant: Patrick A. Jury
Date Received: August 20, 1991
Date of Incident: June 12, 1991
Location of Incident: 3024 Merida
Estimate of Damages/
Injuries: $110.00 - $111.00 + tax
Nature of Incident: Claimant alleges damages to fence by City -owned
equipment while repairing water line.
Latrice Tate 17. Claimant: Latrice Tate
Date Received: August 21, 1991
Date of Incident: June, 1991
Location of Incident: East Lancaster
Estimate of Damages/
Injuries: $118.61 - $172.43
Nature of Incident: Claimant alleges damages to windshield as the
result of being struck by gravel.
Home Insurance 18. Claimant: Home Insurance Company % Maureen G. Bolster
Company % Maureen Date Received: August 21, 1991
G. Bolster Date of Incident: May 25, 1991
Location of Incident: Intersection of Winthrop and Lovell
Estimate of Damages/
Injuries: $7,165.52
Nature of Incident: Claimant alleges subrogation rights for accident
involving insured, B. G. Corbett, allegedly caused
by -inability to visualize stop sign because of
tree overgrowth.
M&C OCS-325 adopte It was the consensus of the City Council that the recommendation be adopted.
&C OCS-326 There was presented Mayor and Council Communication No. OCS-326 from the Office of the
rom Ms.. Ann Clark
orrespCity Secretary recommending that correspondence from Ms. Ann Clark, Chairman of the
n
e Crime Package Coalition of Crime Victims Services, requesting that the City Council to approve the Crime
udge t Package Budget being recommended by City staff; and copy of a petition requesting that the
City evaluate the decision to terminate the library's outreach program for the residents of
Heritage Estates on Sycamore School Road be referred to the Office of the City Manager. It
was the consensus of the City Council that the recommendation be adopted.
enefit Hearing It appearing to the City Council that the City Council on July 23, 1991, set today as
H-0062 cont. for the date for benefit hearing in connection with the assessment paving of Bonnell Avenue form
w o weeks Bryant Irvin Road to Merrick Street and that notice of the hearing has been given by
Minutes of City Council S-3 Page 316
Tuesday, August 27, 1991
H-0062 cont. publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort
Worth, Texas, on July 31, August 1, and August 2, 1991, Mayor Granger asked if there was
anyone present desiring to be heard.
Mrs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public Works,
re BH -0062 appeared before the City Council and advised the City Council that the independent appraisal
performed by Mr. Robert Martin substantiates that, as a result of the proposed construction,
each parcel of adjacent property will be specially benefitted in enhanced value in excess
of the amount assessed for the improvement; that the independent appraisal report has been
submitted to the City Council; that Mr. Robert Martin has forwarded his findings to the City
Council, and called attention of the City Council to Mayor and Council Communication
No. BH -0062, as follows:
SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF BONNELL AVENUE FROM
BRYANT IRVIN ROAD TO MERRICK STREET (PROJECT NO. 67-040227)
RECOMMENDATION:
t is recommended that the City Council adopt an ordinance that:
1. Closes the benefit hearing, and
2. Levies the assessments as proposed, and
3. Acknowledges that in each case the abutting property is specially
benefitted in enhanced value in excess of the amount assessed for the
improvement of Bonnell Avenue from Bryant Irvin Road to Merrick Street.
DISCUSSION:
The 1986 Capital Improvement Program included funds for the improvement of
Bonnell Avenue from Bryant Irvin Road to Merrick Street. The street is in the
Como Target Area and has never previously been constructed to City standards.
Community Development Block Grant (CDBG) Funds will provide a portion of the
construction cost. One and two-family residences will not be assessed.
The street will be constructed with standard concrete pavement with standard
driveways and sidewalks built as shown on the plans.
On July 23, 1991 (M&C G-9232), the City Council established August 27, 1991, as
the date of the benefit hearing. Notice was given in accord with Article 1105b,
Vernon's Annotated Civil Statutes.
An independent appraiser has provided a report that documents the enhancement
to property values which results from the improvements. Based on standard City
policy, the City's Engineer's estimate, and the advice of the independent
appraiser, the division of estimated construction cost is:
Property owners' share of cost $ 86,359.87 ( 12%)
City's share of cost $621,060.63 88%)
Total $7 (100%)
There are no unusual situations on this project that require special City
Council consideration. The project is in Council District 7.
Council Member Meadows requested that staff review the project covered by Mayor and
Council Communication No. BH -0062 to see if the assessment policy could extend to treat
vacant commercial lots the same as vacant residential lots and made a motion, seconded by
Council Member Chappell, that the hearing be continued for two weeks. When the motion was
put to a vote by the Mayor, it prevailed unanimously.
- 1
Benefit Hearing It appearing to the City Council that the City Council on July 23, 1991, set today as
BH -0063 the date for the benefit hearing in connection with the assessment paving of West Bowie
Street from Hemphill Street to 220 feet east of May Street and that notice of the hearing
has been given by publication in the Fort Worth Star -Telegram, the official newspaper of the
City of Fort Worth, Texas, on July 31, August 1, and -2 91, Mayor Granger asked if there
was anyone present desiring to be heard.
Mrs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public Works,
re BH -0063 appeared before the City Council and advised the City Council that the independent appraisal
performed by Mr. Robert Martin has been submitted to the City Council; that it was learned
that Lot 1, Block 32, South Hemphill Heights Addition, is homesteaded and that the tax roll
should be amended to show the assessment as -0-; and called attention of the City Council
to Mayor and Council Communication No. BH -0062, as follows:
SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF WEST BOWIE STREET FROM
HEMPHILL STREET TO 220 FT EAST OF MAY STREET (PROJECT NO. 67-040237)
RECOMMENDATION:
It is recommended that the City Council adopt an ordinance that:
Minutes of City Council S-3 Page 317
Tuesday, August 27, 1991
BH -0063 cont. II 1. Closes the benefit hearing, and
2. Levies the assessments as proposed, and
3. Acknowledges that in each case
benefitted in enhanced value in
improvement of West Bowie Street
May Street.
DISCUSSION:
the abutting property is specially
excess of the amount assessed for the
from Hemphill Street to 220 ft. east of
The 1986 Capital Improvement Program included funds for the.improvement of West
Bowie Street from Hemphill Street to 220 ft. east of May Street. The street is
in the Worth Heights Target Area and has previously been constructed to City
standards. Community Development Block Grant (CDBG) Funds will provide a portion
of the construction cost. One and two-family residences will not be assessed.
The street will be constructed with standard concrete pavement, with standard
driveways and sidewalks built as shown on the plans.
On July 23, 1991 (M&C G-9233), the City Council established August 27, 1991, for
the benefit hearing. Notice was given in accord with, Article 1105b, Vernon's
Annotated Civil Statutes.
An independent appraiser has provided a report that documents the enhancement
to property values which results from the improvements. Based on standard City
policy, the City Engineer's estimate, and the advice of the independent
appraiser, the division of estimated construction cost is:
Property owners' share of cost $ 12,000.00 ( 6%)
City's share of cost $176,650.00 ( 94%)
Total cost $186,650.00 (100%)
There are no unusual situations on this project that require special City
Council consideration. The project is in Council District 9.
There being no one else present desiring to be heard in connection with the benefit
hearing for the assessment paving of West Bowie Street from Hemphill Street to 220 feet east
of May Street, Council Member Chappell made a motion, seconded by Council Member Meadows,
that the hearing be closed and assessments levied as recommended. When the motion 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 adopted.
Ordinance The motion was seconded by Council Member Meadows. The motion, carrying with it the
adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente,
Silcox, Matson, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:.
Ordinance No. ORDINANCE NO. 10906
10906
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR
PART OF THE COST OF IMPROVING A PORTION OF WEST BOWIE STREET FROM
HEMPHILL STREET TO TWO HUNDRED TWENTY FEET EAST OF MAY STREET, AND
PORTIONS OR SUNDRY OTHER STREETS, AVENUES, AND PUBLIC PLACES IN THE
CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTT-
ING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR
THE COLLECTION.OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CER-
TIFICATES, 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.
&C G-9271 was It was the consensus of the City Council that Mayor and Council Communication
ithdraw n from No. G-9271, Supplemental Appropriation for Additional Budgetary Funds in the Public Events
g e nd a Department, be withdrawn from the agenda.
&C G-9273 re There was presented Mayor and Council Communication No. G-9273 from the City Manager
rant applications recommending that the City Manager be authorized to submit three grant applications, one for
o North Central pedophile Computer Investigative Detail, the second for Operation Identification/2, and the
exas Council of
o ve rnm e n is third for Used Merchandise Enforcement Detail to the North Central Texas Council of
Governments for Fiscal Year 1991-92 funding from the Criminal Justice Planning Funds of the
Minutes of City Council S-3 Page 318
Tuesday, August 27, 1991
M&C G-9273 cont. Governor's Office of Criminal Justice; accept grants as awarded by the Criminal Justice
Division of the Governor's Office; approve the use of $25,028.00 from Special Trust Fund,
Awarded Assets as the City's matching funds; and authorize application of indirect cost
rates in accordance with the City's Administrative Regulation 3-15 of 22.27 percent, which
represents the most recent approved rate for this department. It was the consensus of the
City Council that the recommendations be adopted.
M&C G-9274 re There was presented Mayor and Council Communication No. G-9274 from the City Manager
grant application recommending that the City Manager be authorized to submit a grant application for Drug
to North Central Abuse Resistance Education (D.A.R.E.)/2 to the North Central Texas Council of Governments
Texas Council of for Fiscal Year 1991-92 funding from the Texas Commission on Alcohol and Drug Abuse; accept
Governments the grant, if awarded by the Texas Commission on Alcohol and Drug Abuse; approve the use of
$78,358.00 from Special Trust Fund, Awarded Assets as the City's matching funds; and
authorize application of indirect cost rate of 22.27 percent which represents the most
recent approved rate for this department in accordance with City's Administrative Regulation
3-15. It was the consensus of the City Council that the recommendationS be adopted.
M&C. G-9275 re
There was presented Mayor and
Council Communication No. G-9275 from the City
Manager
grant application
recommending that the City Manager,
be authorized to submit a grant application
for Fort
to North Central
Worth Multi -Agency Property Crime
and Enforcement Program/4 to the North Central Texas
Texas Council of
Council of Governments for Fiscal Year 1991-92 funding from the Criminal Justice
Planning
Governments
Funds of the Governor's Office of
Criminal Justice; accept the grant, if awarded by the
City's Administrative Regulation 3-15; and that any additional funding offered for this
Criminal Justice Division of the
Governor's Office; and authorize application
of the
consensus of the City Council that the recommendations be adopted.
indirect cost rate of 22.27 percent
which represents the most recent approved rate
for this
stating that the Southwestern Exposition and Livestock Show requests the temporary closing
department in accordance with the
City's Administrative Regulation 3-15. It
was the
reviewed the 1992 request and do not object to the closing, provided that adequate access
consensus of the City Council that
the recommendations be adopted.
M&C G-9276 re There was presented Mayor and Council Communication No. G-9276 from the City Manager
Senior Citizens' stating that the Altrusa Club has held its Senior Citizens' Fair at Will Rogers Memorial
Fair Center for many years; that, in years past, the Council has approved reduced rates with the
understanding that they will be increased each year until they are brought up to the
standard rate; that rates last year were $600.00 per day for a total of $5,400.00; that,
based on previous increases, this year's rate would be $750.00 per day for a total of
$6,000.00; and recommending that the City Council approve the reduced rental rate of
$6,000.00 for the Al trusa Club to hold its Senior Citizens' Fair in the Amon G. Carter, Jr..
Exhibits Hall, October 21-28, 1991. It was the consensus of the City Council that the
recommendation be adopted.
M&C G-9277 re There was presented Mayor and Council Communication No. G-9277 from the City Manager
refund to Arctic stating that the City sold the Public Square known as Nottingham Park to Arctic Star
Star Refrigeration Refrigeration Manufacturing Company on July 16, 1985, by Mayor and Council Communication
No. L-8528; that the Arctic Star deposited $16,000.00 with the City to secure its bid; that
the City is unable to deliver title to the property, therefore, Arctic Star is entitled to
have the deposit refunded; stating that Director of Fiscal Services certifies that funds
required for this refund are available in the Capital Projects Reserve Fund, Park Land
Reserve; and recommending that the City Council authorize the refund of $16,000.00 to Arctic
Star Refrigeration Manufacturing Company. It was the consensus of the City Council that the
recommendation be adopted.
M&C, G-9278 re
There was presented Mayor and Council Communication No. G-9278 from the City Manager
grant application
recommending that the City Manager be authorized to submit a grant application to the Texas
to Texas Depart-
men t of Health
Department of Health, AIDS Division, for continued funding of an Acquired Immune Deficiency
Education/Prevention program for the period September 1, 1991, to August 31, 1992, in the
amount of $59,027.00; that the Fiscal Services Department, subject to funding agency
approval and the City Manager's acceptance of the grant, be authorized to establish the
grant project account in the City's financial accounting system upon receipt of an executed
contract; that an indirect cost rates of 24.7 percent be applied in accordance with the
City's Administrative Regulation 3-15; and that any additional funding offered for this
grant be accepted for the period September 1, 1991, to August 31, 1992. It was the
consensus of the City Council that the recommendations be adopted.
M & C G-9279 re
f week
There was presented Mayor and Council Communication No. G-9279 from the City Manager
cont. o r one
stating that the Southwestern Exposition and Livestock Show requests the temporary closing
of 3200, 3300, and 3400 blocks of Crestline Road; that affected City departments have
reviewed the 1992 request and do not object to the closing, provided that adequate access
is reserved for emergencies; that the City Council authorized the Southwestern Exposition
and Livestock Show to operate the Harley Street parking lot located at the corner of Harley
and Montgomery Streets beginning in.1989, on behalf of the City; that the rates charged are
the same as other parking fees charged during the Show, and the City will receive 50 percent
of the net parking revenue from the Harley Street lot; that the Public Events Department
will be responsible for collection and deposit of this parking fee revenue; and recommending
that the City Council approve the closure of Crestline Road from Harley to Gendy from
January 14 through February 4, 1992, as requested by the Southwestern Exposition and
Livestock Show for the Annual Stock Show and Rodeo and authorize the Southwestern Exposition
and Livestock Show to operate the Harley Street parking lot during the 1992 Show. Council
Member Chappell made a motion, seconded by Council Member Silcox, that consideration of
Mayor and Council Communication No. G-9279 be continued for one week. When the motion was
put to a vote by the Mayor, it prevailed unanimously.
Minutes of City Council S-3 Page 319
3''J )�
N i,
Tuesday, August 27, 1991
M&C G-szsU re
payment to Film
There was presented Mayor and Council Communication No. G-9280 from the City Manager
Commission of
recommending that a supplemental appropriations ordinance be adopted increasing
North Texas
appropriations by $10,000.00 in General Fund, Non -Departmental Miscellaneous Contributions
and decreasing the Unreserved, Undesignated Fund balance of the General Fund by the same
amount and that the City Manager be authorized to make payment of $10,000.00 to the Film
Commission of North Texas as a contribution to support its efforts.
Council Member
Council Member Matson advised City Council that he would like for the City Council to
Matson re M&C
address the issue of how the General Fund Balance is handled, what it should be, what should
G-9280
be spent out of it, and when should we spend out of it and what level the City Council
should maintain and whether or not, in the budgeting process, there should be some other
type of provisions for unforseen expenditures.
Mr. Judson Bailiff
Mr. Judson Bailiff, Director of the Finance Department, appeared before the City
re M&C G-9280
Council and advised the City Council that staff has periodically advised previous Councils
of the amounts in the Fund balance and stated that the general fund policy only talks about
the size of the fund balance and advised City Council that staff could come back with
suggestions as to the appropriate use for the fund balance and some alternatives that the
City Council might want to adopt for the future relative to General Fund balance.
Council Member Council Member Matson requested that the City Council be presented with alternatives
Matson re M&C
G-9280 fo.r payment of unanticipated and unappropriated expenditures,i nstead of continuously
using the General Fund balance.
Council Member Chappell made a motion, seconded by Mayor Pro tempore Webber, that the
recommendation, as contained in Mayor and Council Communication No. G-9280 be adopted. When
the motion was put to a vote by the Mayor, it prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente,
Matson, McCray, Woods, Meadows, and Chappell
NOES: Council Member Silcox
ABSENT: None
Introduced an Council Member Chappell introduced an ordinance and made a motion that it be adopted.
Ordinance The motion was seconded by Mayor Pro tempore Webber. The motion, carrying with it the
adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber Council Members Puente,
Matson, McCray, Woods, Meadows, and Chappell
NOES: Council Member Silcox
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. Ii ORDINANCE NO. 10907
10907 i
AN ORDINANCE APPROPRIATING $10,000.00 IN THE GENERAL FUND, NON -
DEPARTMENTAL MISCELLANEOUS CONTRIBUTIONS AND DECREASING THE
UNRESERVED, UNDESIGNATED GENERAL FUND BALANCE BY THE SAME AMOUNT
FOR THE PURPOSE OF FUNDING A CONTRIBUTION TO THE FILM COMMISSION OF
NORTH TEXAS; 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 1 n full force and effect from and
after the date of its passage, and it is so ordained.
M&C G-9281 re There was presented Mayor and Council Communication No. G-9281 from the City Manager,
Tax abatement as follows:
agreement with
Williamson -Dickie SUBJECT: MAKE FINDINGS CONCERNING A PROPOSED TAX ABATEMENT AGREEMENT WITH
Manufacturing WILLIAMSON-DICKIE MANUFACTURING COMPANY, ET AL, AND AUTHORIZE
Company EXECUTION OF THE AGREEMENT
RECOMMENDATION:
It is recommended that the City Council take the following actions regarding a
proposed project adjacent to the northern boundary of the Western Currency
Facility:
Minutes of City Council S-3 Page 320
M&C G-9281 cont.
C1ti_&
Tuesday, August 27, 1991
1. Find that the improvements sought are feasible and practical, and would
be a benefit to the land and to the City after the expiration of the tax
abatement agreement, and
2. Finds that written notice of the City's intent to enter the attached Tax
Abatement Agreement and copies of the Agreement were mailed by certified
mail to all affected taxing units in accordance with state law, and
3. Finds that the terms and conditions of the Agreement and the property
subject to the agreement meet the City's Policy Statement for Tax
Abatement to Qualified Commercial/Industrial.Projects as established in
M&C G-8861, and
4. Authorizes the City Manager to enter into the Tax Abatement Agreement with
Williamson -Dickie Manufacturing Company, et al, in accordance with the
amended Policy Statement on Tax Abatement to Qualified
Commercial/Industrial Projects (Guidelines and Criteria) which was adopted
by the City Council on October 16, 1990 (M&C G-8861).
RVINiiIVIIIH9
The City Council received I.R. 7509 on July 16, 1991 and discussed this project
during the Pre -Council session on July 30, 1991. This is a proposed $14.6
million warehouse, distribution and truck fleet center to be located in north
Fort Worth.
On August 20, 1991, the City Council established the Tax Abatement Reinvestment
Zone V. The property subject to the tax,abatement agreement is located within
this Reinvestment Zone.
In accordance with the Council approved Policy Statement, the proposed Tax
Abatement Agreement would authorize a 75% abatement of the increase in valuation
of the improvements for ten years. In exchange for the abatement, the property
owner commits to a $14.6 million project, a specified number of new jobs and a
percentage of new jobs for Fort Worth residents.
M&C G-9281 adopted Council Member Chappell made a motion, seconded by Council Member Meadows, that Mayor
and Council Communication No. G-9281 be adopted, as amended, by providing that the
beneficiary be required to provide a list of specific names and addresses of employees at
the annual date rather than numbers. When the motion was put to a vote by the Mayor, it
prevailed unanimously.
M&C G-9282 re There was presented Mayor and Council Communication No. G-9282 from the City Manager,
Airport Layout as follows:
Plan
SUBJECT: AIRPORT LAYOUT PLAN (ALP) REPORT AND GRANT PRE -APPLICATIONS -FORT
WORTH ALLIANCE AIRPORT
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to submit:
1. The Alliance Airport Layout Plan (ALP) Report, and
2. The Alliance Airport Preliminary Applications for federal assistance to the
Federal Aviation Administration
DISCUSSION:
On July 15, 1991 and August 8, 1991, Pinnacle Air Services, Inc. formally
transmitted documents pertaining to the Runway Extension and Development Program
for the Alliance Airport, to the City Manager's Office.
These documents include:
1. Airport Layout Plan (ALP) report containing the rationale and description
of the proposed improvements.
2. Airport Layout Plan (ALP) drawings depicting the proposed improvements.
3. Two Pre -applications for Federal Assistance for the proposed improvements.
4. A copy of the July 1, letter from Hugh Lyon, Assistant Manager, Airports
Division of the Federal Aviation Administration, expressing positive review
of the Purpose and Needs Statement.
5. Aviation Demand Forecast and Airport Layout Plan (ALP) drawings submitted
to Mr. Lyon on May 31, 1991.
Alliance Airport creates the opportunity for the Alliance corridor to become an
international trade center. A comprehensive development program has been
established that will provide for upgrading Alliance Airport from a domestic
airport to an international airport.
Minutes of City Council S-3 Page 321
Tuesday, August 27, 1991
&C G-9282 cont.�� A summary of airfield improvements and associated costs are attached. The cost
allocations are as follows:
Pre -application (No. 1)
Phase I Phase II
Federal $ 73,137,375 $30,005,516
City $ 8,126,375 $ 3,333,946
Sub -Total $ 81,263,750 $33,339,462
Total $114,603,212
Pre -application (No -2)
Federal $4,291,948
City 476,883
Total $4,768,831
The Aviation Advisory Board at its August 15, 1991 meeting recommended City
Council acceptance of the Alliance Airport Layout Plan Report and submittal of
the Alliance Airport Preliminary Applications to the Federal Aviation
Administration.
At the time this project is authorized for federal funding by the Federal
Aviation Administration, any necessary fiscal requirements will be submitted to
the City Council for consideration.
ssistant City
anager Ramon Assistant City Manager Ramon Guajardo appeared before the City Council and advised the
ua jardo re M&C City Council it would help if the City Council amended Mayor and Council Communication
-9282 No. G-9282 to authorize the City Manager to submit the application only for Taxiway H and
to delay the Airport Layout Plan Report and the other pre -applications.
Council Member Matson made a motion, seconded by Council Member Meadows, that Mayor
and Council Communication No. G-9282 be adopted, as amended by approving only Taxiway H and
continuing the Airport Layout Plan Report and grant pre -applications.
r. Glen Johnson Mr. Glen Johnson, 3405 Rustwood Court, appeared before the City Council and advised
e M&C G-9282 the City Council that, in his opinion, the items contained in Mayor and Council
Communication No. G-9282 should not be considered together because some issues previously
have been discussed and approved and others need further review and discussion.
r. Joe Cameron Mr. Joe Cameron, 4605 Applewood Drive, appeared before the City Council and advised
e M&C G-9282 the City Council that, in his opinion, the pre -funding for Fort Worth Alliance Airport is
the same amount of money that is needed to provide the Police with a pay increase.
When the motion, that Mayor and Council Communication No. G-9282 be adopted, as
amended by authorizing the City Manager to submit the application only for Taxiway H and to
delay the Airport Layout Plan Report and other pre -applications, was put to a vote by the
Mayor, it prevailed unanimously.
&C G-9283 re
There was presented Mayor and Council Communication No. G-9283 from the City Manager
nc reasing ap p ro-
stating that a supplemental appropriation is requested to fund the projected cost overrun
ria tions in
of $290,000.00 in Public Events Department in accounts for extra help, operating supplies
eneral Fund
(shavings for equestrian events and janitorial supplies for Soviet Space), other repair and
maintenance supplies (increased building usage), electricity, other ESD (repair of
vehicles), other contractual services (contract labor); that the overage is due to heavy
usage of the Equestrian Center and the Soviet Space Exhibit being held in the Amon G.
Carter, Jr., Exhibits Hall; that the revenue received from Equestrian Center, Exhibit Hall,
and Roundup Inn rentals and other charges such as labor and supplies, along with a utility
credit from TU Electric at Will Rogers Memorial Center are projected to be $290,000.00 above
the 1990-91 budgeted amount; the Director of Fiscal Services certifies that, upon adoption
of the supplemental appropriations ordinance, funds required for these expenditures will be
available in the Public Events Department budget, as appropriated, of the General Fund; and
recommending that a supplemental appropriation ordinance be adopted increasing
appropriations in General Fund by $290,000.00 from increased estimated receipts in the
General Fund. On motion of Council Member Matson, seconded by Council Member Woods, the
recommendation was adopted.
Introduced an
Introduced
Ordinance
Council Member Matson introduced an ordinance and made' a motion that it be adopted.
The motion was seconded by Council Member Woods. The motion, carrying with it the adoption
of said ordinance, prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente,
Silcox, Matson, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: None
Minutes of City Council S-3 Page 322
��3
Tuesday, August 27, 1991
The ordinance, as adopted, is as follows:
Ordinance No.II ORDINANCE NO. 10908
10908
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE GENERAL FUND OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1990-
91 BY $290,000.00, FOR THE PURPOSE OF FUNDING PROJECTED COST
OVERRUN IN THE PUBLIC EVENTS DEPARTMENT; 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.
Mr. Brent Dickey Mr. Brent Dickey, 3320 McLean, appeared before the City Council and presented to the
re sand and gravel City Council members a proposed ordinance concerning sand and gravel operations and
mining requested that the City Council review and adopt the ordinance.
Recognized Eva At this time, Mayor Granger recognized School Board Member Eva Herrera.
Herrera
Mr. Chris Daniels
re Dental Clinic Mr. Chris Daniels, Assistant Director of Casa Ricardo Chacon, 1228 South Adams,
appeared before the City Council and requested that the City Council continue the funding
for the dental clinic.
M r.'Clay Conn re Mr. Clay Conn, 2202 Straton #16105, Arlington, Texas, representing MCI
MCI Telecomnuni- Telecommunications, appeared before the City Council and advised the City Council of a State
cations contract for long distance services that MCI has been awarded; that the City of Fort Worth
is not required to rebid for these services, since the State has already bid and awarded the
contract to MCI; and advised City Council of the savings that would be experienced by the
City of Fort Worth in allowing MCI to handle the long distance services of the City. Mr.
Conn was advised that staff will contact him.
M&C P-5145 re There was presented Mayor and Council Communication No. P-5145, dated August 20, 1991,
purchase agreement from the City Manager submitting a tabulation of bids received for janitorial service for
f o r janitorial the Police Administration Building; stating that the Director of Fiscal Services certifies
service that money required for this anticipated expenditure during the 1990-91 fiscal year is
available in the current operating budget, as appropriated, of the General Fund, and the
money required for the 1991-92 fiscal year will be included in the proposed budget; and
recommending that the purchase agreement be authorized with Tolman Building Maintenance on
its low bid of $45,684.00, with term of agreement to begin August 1, 1991, and end July 31,
1992, with two one-year options to renew. On motion of Council Member Silcox, seconded by
Council Member Matson, the recommendations were adopted.
M&C P-5147 re There was presented Mayor and Council Communication No. P-5147, dated August 20, 1991,
purchase of laser from the City Manager stating that the Reprographics Department is in need of a laser
printer and printer and compatible scanner that is capable of 1200 dot resolution and capable of
scanner printing on 11" x 17" paper; that the Laser Master Corporation is the only company that
provides the equipment that will resolve the printing problems that have been occurring on
the Apple system in the Reprographics Department; that Apple, Inc., agrees with this
solution; stating that the Director of Fiscal Services certifies that funds required for
this expenditure are available in the current operating budget, as a result of salary
savings in the Reprographics Fund PI63; and recommending that the City Council authorize the
sole source purchase of a laser printer and scanner for the Reprographics Division from
Laser Master Corporation for $15,270.50 f.o.b. Fort Worth. On motion of Council Member
Chappell, seconded by Council Member Woods, the recommendation was adopted.
M&C P-5152 was It was the consensus of the City Council that Mayor and Council Communication
withdrawn No. P-5152, Laser Printers from Southwestern Bell Telephone Company for the Information
Systems and Services Department, be withdrawn from the agenda.
M&C P-5153 re
purchase agreement There was presented Mayor and Council Communication No. P-5153 from the City Manager
of various sizes submitting a tabulation of bids received for a one-year purchase agreement to provide 20 -
of reb ar foot lengths of various sizes of rebar for the City of Fort Worth; stating that the Director
of Fiscal Services certifies that funds required for this purchase agreement are available
in the current capital budget, as appropriated, the General Fund GG01 and available in the
Water and Sewer Fund PE45; and recommending that the purchase agreement be authorized with
Lofland Company on its low bid of unit prices, with term of agreement to be effective July
30, 1991, through July 29, 1992. It was the consensus of the City Council that the
recommendation be adopted.
Minutes of City Council S-3 Page 323
:_3
Tuesday, August 27, 1991
M&C P-5154 re There was presented Mayor and Council Communication No. P-5154 from the City Manager
purchase agreemen submitting a tabulation of bids received for a purchase agreement to provide manhole frames
to provide manhol and covers for the City of Fort Worth; stating that the Director of Fiscal Services
frames and covers certifies that funds required during 1990-91 by each department eligible to participate in
these agreements are available in the current operating budgets, as appropriated, of the
General Fund and Water and Sewer Fund; that funds required for 1991-92 will be proposed in
the budget for that year; and recommending that the purchase agreement be authorized with
Industrial International, Inc., on overall low bid of $61,220.35 less payment terms of 25
percent 30 days for an adjusted bid of $45,915.26 f.o.b. Fort Worth, with term of agreement
to begin August 13, 1991, and end August 12, 1992. It was the consensus of the City Council
that the recommendation be adopted.
M&C, P-5155 re There was presented Mayor and Council Communication No. P-5155 from the City Manager
agreement from stating that the City Council authorized the use of the State of Texas purchasing agreements
Xerox
for copy machines on October 30, 1990, by Mayor and Council Communication No. G-8887; that,
by using this agreement, the City of Fort Worth will be able to provide user departments
with modern, state-of-the-art equipment at a substantial savings; that Xerox Corporation
will furnish these copy machines, maintenance, and all consumable supplies (except paper and
staples); that it will be responsible for providing training and remedial maintenance
service, including replacement of all unserviceable parts, as well as specified preventive
maintenance service; stating that the Director of Fiscal Services certifies that funds
required for this anticipated expenditure during the 1990-91 fiscal year are available in
the current operating budget of the Office Services Fund, as appropriated, and the money
required for the 1991-1992 fiscal year will be included in the proposed budget; and
recommending that the City Council exercise a two-year renewal option to provide copy
machines through the State Purchasing and General Services Commission for the City of Fort
Worth from Xerox Corporation, with renewal option to begin September 1, 1991, and end
August 31, 1993. It was the consensus of the City Council that the recommendations be
adopted.
Mr. Ben Allen re Mr. Ben Allen, Purchasing Manager, appeared before the City Council and advised the
M&C, p-5155 City Council that the contracts for Xerox Corporation always expire August 31 of each year
and advised the City Council that leasing of the copiers is the most economical way to
provide copiers for the City.
Council Member Meadows made a motion, seconded by Council Member Woods, that the
recommendations, as contained in Mayor and Council Communication No. P-5155, be adopted.
When the motion was put to a vote by the Mayor, it prevailed unanimously.
M&C, P-5156 re There was presented Mayor and Council Communication No. P-5156 from the City Manager
construction of submitting a tabulation of bids received for the construction of a metal building for the
metal building City Services Department; stating that the Director of Fiscal Services certifies that funds
required for this purchase are available in the current operating budget, as appropriated,
of the Equipment Services Operating Fund; and recommending that the construction of a metal
building be awarded to W.F. Carter Construction, Inc., on its low bid meeting City
specifications of $10,317.00, net f.o.b. Fort Worth. It was the consensus of the City
Council that the recommendation be adopted.
M&C P-5157 re I There was presented Mayor and Council Communication No. P-5157 from the City Manager
purchase agreemen submitting a quotation received for the purchase of genuine Cummins manufacturer's
with Southwest replacement parts and engines for the City Services Department; stating that the Director
International of Fiscal Services certifies that funds required for this agreement are available in the
current operating budget, as appropriated, of the Equipment Services Operating Fund; and
recommending that the purchase agreement be authorized with Southwest International on its
quotation of unit prices at manufacturer's suggested price less ten percent on parts and
manufacturer's suggested price less seven percent on engines, with term of agreement to
begin August 27, 1991, and end August 26, 1992, with two additional one-year options to
renew. It was the consensus of the City Council that the recommendations be adopted.
M&C P-5158 re There was presented Mayor and Council Communication No. P-5158 from the City Manager
purchase of submitting a tabulation of bids received for the purchase of an engine analyzer with
engine analyzer optional oscilloscope for the City Services Department; stating that the Director of Fiscal
Services certifies that funds required for this expenditure are available in the current
operating budget, as appropriated, of the Equipment Services Fund; and recommending that the
purchase be made from Allen Test Products for the City Services Department for an amount not
to exceed $19,137.00. It was the consensus of the City Council that the recommendation be
adopted.
M&C P-5159 re There was presented Mayor and Council Communication No. P-5159 from the City Manager
purchase of anti- submitting a tabulation of bids received for the purchase of antifreeze for the City
freeze Services Department; stating that the Director of Fiscal Services certifies that funds
required for this agreement are available in the Equipment Services Operating Fund; and
recommending that the purchase be made from Mid -American Corporation, on its low bid of
$6,028.00 net, f.o.b. Fort Worth, Texas. It was the consensus of the City Council that the
recommendation be adopted.
M&C P-5160 re I There was presented Mayor and Council Communication No. P-5160 from the City Manager
purchase agreement submitting a tabulation of bids received for a one-year purchase agreement to supply fire
with Halp rin fighter boots, helmets, and suspenders for the Fire Department; stating that the Director
Supply, Chief Fire of Fiscal Services certifies that money required for this anticipated expenditure during the
and Safety Company) y q p p 9
Inc.
Minutes of City Council S-3 Page 324
3- r) r--
/V a
Tuesday, August 27, 1991
M&C P-5160 cont. 1990-91 fiscal year is available in the Treasury, as appropriated, and the money required
for the 1991-92 fiscal year will be included in the proposed budget; and recommending that
the purchase agreement be authorized with Halprin Supply, Chief Fire and Safety Company,
Inc., and Casco Industries based on the low bids of unit prices meeting specifications, net
f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be
adopted.
M & C P-5161 re There was presented Mayor and Council Communication No. P-5161 from the City Manager
purchase from submitting a tabulation of bids received for the purchase of a hematology/chemistry /chemistr System
Roche Diagnostic g p gy y y
Systems for the Health Department; stating that the Director of Fiscal Services certifies that funds
required for these expenditures are available in the current capital budget as appropriated
of the Grant Fund; and recommending that the City Council authorize the purchase from Roche
Diagnostic Systems on its total overall low bid, meeting City specifications, of $45,150.00,
subtracting $1,200.00 for the computer/software package, for a total amount not to exceed
$43,950.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the
recommendation be adopted.
M&C, P-5162 re There was presented Mayor and Council Communication No. P-5162 from the City Manager
purchase from submitting a tabulation of bids received for purchase of dental equipment for the Housing
Inglis Dental and Human Services Department; stating that the Director of Fiscal Services certifies that
Supply, Inc. funds for the anticipated expenditures are available in the current capital budget, as
appropriated, of the Grant Fund; and recommending that the purchase be made from Inglis
Dental Supply, Inc., on its bid, meeting City specifications, of $101,056.08 net, f.o.b.
Fort Worth. It was the consensus of the City Council that the recommendation be adopted.
M&C P-5163 re There was presented Mayor and Council Communication No. P-5163 from the City Manager
purchase from submitting a tabulation of bids received for the purchase of two laser printers meeting
Southwestern Bell
Telephone Company speci fi cati ons for Information Systems and Services Department; stating that the Director
of Fiscal Services certifies that money required for the anticipated expenditure is
available in the current capital budget, as appropriated, of the Special Trust Fund (Police
Department Awarded Assets) and Grant Fund 76; and recommending that the purchase be made
from Southwestern Bell Telephone Company on its low bid $7,631.26, f.o.b. delivered Fort
Worth.
Council Member Meadows advised the City Council that he would be filing a conflict of
interest affidavit on Mayor and Council Communication No. P-5163 and Mayor and Council
Communication No. C-13038 involving Southwestern Bell Telephone Company.
Council Member Puente made a motion, seconded by Council Member Chappell, that Mayor
and Council Communication No. P-5163 be adopted. When the motion was put to a vote by the
Mayor, it prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente,
Silcox, Matson, McCray, Woods, and Chappell
NOES: None
ABSENT: None
NOT VOTING: Council Member Meadows
M&C P-5164 re There was presented Mayor and Council Communication No. P-5164 from the City Manager
purchase agreement submitting a quotation received for an annual purchase agreement to provide mainframe
with Memorex Telex terminals for the Information Systems and Services Department; stating that the Director of
Corporation Fiscal Services certifies that funds required for the anticipated expenditures of each
department eligible to participate in this agreement is available in the appropriate funds;
and recommending that the City Council authorize an annual purchase agreement with Memorex
Telex Corporation on its quotation of $1,037.32 each, f.o.b. delivered Fort Worth; and
authorize all departments, with the approval of the Information Systems and Services
Department as provided in A.R. No. 6-0, dated October 1, 1974, to participate in this
agreement, with term of agreement to begin August 1, 1991, and end July 30, 1992. It was
the consensus of the City Council that the recommendations be adopted.
M&C P-5165 re There was presented Mayor and Council Communication No. P-5165 from the City Manager
purchase from submitting a tabulation of bids received for the purchase of 23,000 pounds of grass seed for
Watson Distributing the Park and Recreation Department; stating that the Director of Fiscal Services certifies
Company that funds for the anticipated expenditures are available in the current operating budget,
as appropriated, of the Golf Fund; and recommending that the purchase be made from Watson
Distributing Company on its low bid, meeting City specifications, of $14,730.00 net, f.o.b.
Fort Worth, Texas. It was the consensus of the City Council that the recommendation be
adopted.
M&C P-5166 re
There
was presented Mayor and Council Communication
No. P-5166 from the City Manager
purchase from
stating that the Police Department generates revenue and
protects the streets and freeways
Laser Technology,
of our city
by traffic enforcement; that one of the most
effective methods available today
Inc.
is with the
use of laser technology; that the LTI 20-20
Laser Speed Detection System can
pinpoint an
offender in a group of vehicles and record
the exact speed in which he is
traveling; that Laser Technology is the sole manufacturer
of this system, at this time, and
has patents
pending; stating that the Director of Fiscal
Services certifies the funds
Minutes of City Council S-3 Page 325
4_72FTi
fir' l
Tuesday, August 27, 1991
M&C P-5166 cont. required for this expenditure are available in the current capital budget, as appropriated,
of the Special Trust Fund; and recommending that the purchase of two LTI 20-20 Laser Speed
Detection Systems be made from Laser Technology, Inc., sole source, for an amount of
$3,728.00 each, net f.o.b., Fort Worth, delivered. It was the consensus of the City Council
that the recommendation be adopted.
M&C, P-5167 re There was presented Mayor and Council Communication No. P-5167 from the City Manager
purchase from ACM submitting a tabulation of bids received for the purchase of radar equipment for the Police
- Applied Concepts Department, Traffic Division; stating that the Director of Fiscal Services certifies that
Marketing, Inc. funds required for this expenditure are available in the current capital budget, as
appropriated, in the Special Trust Fund; and recommending that the purchase be made from
ACM -Applied Concepts Marketing, Inc., on its low bid meeting specifications, of $7,400.00
net, f.o.b. delivered -Fort Worth. It was the consensus of the City Council that the
recommendation be adopted.
M&C, P-5168 re There was presented Mayor and Council Communication No. P-5168 from the City Manager
purchase agreement stating that all vehicles that come into the custody of the Police Department for any reason
with various ven- are towed to the Police Auto Pound; that participating wrecker companies are licensed under
dors for towing City Ordinance No. 9871 which amends Chapter 34 (Vehicles for Hire) of The Code of the City
service of Fort Worth (1986); that staff recommends the establishment of purchase agreements to
expedite payment of the monthly towing fees which have increased from the higher fees set
by City ordinance and the increased volume of tows; stating that the Director of Fiscal
Services certifies that the funds required for this agreement will be available in the 1991-
92 operating budget, as appropriated, of the General Fund; and recommending that the City
Council authorize a purchase agreement with the various vendors up to the amounts specified
below for the provision of towing services for the Police Auto Pound, with term of agreement
to begin October 26, 1991, and end October 25, 1992, as follows:
Tom Beard's Towing & Recovery $ 59,700
Bivins Wrecker Service 52,860
Earl's Wrecker Service 53,000
Eastside Wrecker Service 53,140
McCradic's Wrecker Service 47,140
R & L Wrecker Service 48,500
Ballard's Wrecker Service 37,670
Clarence Cornish Wrecker Service 44,200
DeLeon's Wrecker Service 43,880
Fred Morris Wrecker Service 37,470
Norman's Wrecker Service 38,250
Thomas Wrecker Service 37,200
A-1 Wrecker Service 31,990
Ace Wrecker Service 30,490
Buddy's Wrecker Service 29,970
Hubbard's Wrecker Service 30,380
J L Milner Wrecker Service 29,620
Texas Towing Wrecker Service 29,240
A -T's Wrecker Service 48,000
ABC Wrecker Service 47,260
Auto World Towing & Recovery 45,850
J & H Wrecker Service 40,990
Guy Simons Wrecker Service 41,940
White's Wrecker Service 41,260
$1,000,000
M&C P-5168 adopted' It was the consensus of the City Council that the recommendation be adopted.
M&C P-5169 re There was presented Mayor and Council Communication No. P-5169 from the City Manager
purchase agreemen submitting a tabulation of bids received for a purchase agreement for the exchange or repair
with Masco In- of helicopter instruments for the Police Department; stating that the Director of Fiscal
s trume n t Services certifies that funds required for this anticipated expenditure during the 1990-91
fiscal year are available in the current operating budget, as appropriated, and the funds
required for the 1991-92 fiscal year will be included in the proposed budget; and
recommending that the purchase agreement be authorized with Masco Instrument, with term of
agreement to begin October 1, 1991, and end September 30, 1992, with options to renew for
two additional one-year periods. It was the consensus of the City Council that the
recommendations be adopted.
M&C, P-5170 re There was presented Mayor and Council Communication No. P-5170 from the City Manager
purchase from
Vulcan Signs of submitting a tabulation of bids received for the purchase of aluminum sign blanks for the
Transportation Transportation and Public Works Department; stating that the Director of Fiscal Services
certifies that funds required for this purchase are available in the General Fund; and
recommending that the purchase be made from Vulcan Signs for the Transportation and Public
Works Department on its low bid of $11,533.05 net, f.o.b. Fort Worth. It was the consensus
of the City Council that the recommendation be adopted.
Minutes of City Council S-3 Page 326
03) 211"7 3 .y
1)ry i
Tuesday, August 27, 1991
M&C P-5171 re There was presented Mayor and Council Communication No. P-5171 from the City Manager
purchase from submitting a tabulation of bids received for the purchase of Epoxy adhesive for the
Lofland Company Transportation and Public Works Department; stating that the Director of Fiscal Services
certifies that funds required for this purchase are available in the current operating
budget, as appropriated, of the General Fund; and recommending that the purchase be made
from Lofland Company on its low bid of $19,900.00 net, f.o.b. Fort Worth. It was the
consensus of the City Council that the recommendation be adopted.
M&C P-5172 re There was presented Mayor and Council Communication No. P-5172 from the City Manager
purchase from submitting a tabulation of bids received for the purchase of asphalt release compound for
Erri gal Enterprises the Transportation and Public Works Department; stating that the Director of Fiscal Services
Inc. certifies that funds required for this agreement are available in the current operating
budget, as appropriated, of Transportation/Public Works General Fund; and recommending that
the purchase be made from Errigal Enterprises, Inc., on its low bid meeting specifications
not to exceed $520.00 net, f.o.b. Fort Worth, Texas.
City Manager Ivory City Manager Ivory advised the City Council of an amendment to be made to Mayor and
re Correction on Council Communication No. P-5172 correcting the amount under Recommendation on _the third
M&C P-5172 line to read $520.80.
M&C P-5172 adopted
Council Member Woods made a motion, seconded by Council Member McCray, that Mayor and
Council Communication No. P-5172, as amended, be adopted. When the motion was put to a vote
by the Mayor, it prevailed unanimously.
M&C p-5173 re There was presented Mayor and Council Communication No. P-5173 from the City Manager
purchase from stating that the Water Department will use mechanical seals and rings as repair parts for
Fluid Dynamics the Ingersol Rand pumps at the Water Treatment plants; that Fluid Dynamics is the sole
franchise dealer for these mechanical seals and rings; that the Director of Fiscal Services
certifies that funds required for this purchase are available in the current operating
budget in the Water and Sewer Fund; and recommending that the City Council authorize the
sole source purchase of mechanical seals and rings from Fluid Dynamics for the Water
Department on quotation of $8,109.44 net, f.o.b. Fort Worth. It was the consensus of the
City Council that the recommendation be adopted.
M&C. P-5174 re There was presented Mayor and Council Communication No. P-5174 from the City Manager
Purchase from submitting a tabulation of bids received for a purchase agreement for Roundup Herbicide for
Estes Chemicals, the Water Department; stating that the Director of Fiscal Services certifies that the money
Inc. required for this anticipated expenditure during the 1990-91 fiscal year is available in the
Treasury, as appropriated, and the money required for the 1991-92 fiscal year will be
included in the proposed budget.
City Secretary City Secretary Howard announced that lots will be cast to determine the vendor for the
Howard announced purchase agreement for Roundup Herbicide for the Water Department inasmuch as identical bids
that lots will be were submitted by Estes Chemicals, Inc., Justin Seed Company, Sports Turf Supply, and Terra
cast to determine International, Inc. Following the drawing of bids by Messrs. Edwin Cook, representing Estes
the vendor Chemical, Judson Bailiff, representing Justin Seed Company, Ben Allen, representing Sports
Turf Supply, and Patrick Meziere, representing Terra International, Inc., Council Member
Silcox, made a motion, seconded by Council Member Woods, that the purchase agreement be
authorized with Estes Chemicals, Inc., with term of agreement to begin August 20, 1991, and
end August 19, 1992, with a renewal option of two additional years. When the motion was put
to a vote by the Mayor, it prevailed unanimously.
M&C, P-5175 re There was presented Mayor and Council Communication No. P-5175 from the City Manager
purchase agreement submitting a tabulation of bids received for a one-year purchase agreement to provide
with Atlas various sizes of meter couplings for the Water Department; stating that the Director of
Utility Supply Fiscal Services certifies that funds required for this purchase agreement are available in
Company the Water and Sewer Fund; and recommending that the purchase agreement be authorized with
Atlas Utility Supply Company on its low bid meeting City specifications of $4.58 less
payment terms of ten percent 30 days for an adjusted unit price of $4.12 f.o.b Fort Worth
for Item No. 1 and $4.58 less payment terms of ten percent 30 days for an adjusted bid of
$4.12, f.o.b. Fort Worth for Item No. 2, with term of agreement to begin August 13, 1991,
and end August 12, 1992. It was the consensus of the City Council that the recommendations
be adopted.
M&C, P-5176 re
There was presented Mayor and Council Communication No. P-5176 from the City Manager
purchase from
submitting a tabulation of bids received for the purchase of 64 shallow well jet pumps for
Grainger I
the Water Department; stating that the Director of Fiscal Services certifies that funds
required for this purchase are available in the current operating budget, as appropriated,
of the Water and Sewer Operating Funds; and recommending that the purchase be made from
Grainger I on its low bid meeting specifications of $9,205.76, net. f.o.b., Fort Worth. It
was the consensus of the City Council that the recommendation be adopted.
M&C P-5177 re
purchase from
There was presented Mayor and Council Communication No. P-5177 from the City Manager
ADS Environmental
stating that the City Council authorized the first of four years of options to renew the
Service, Inc.
sole source service agreement and data collection agreement which are used to analyze
information and for maintenance of the wastewater monitoring system for the Water Department
on August 21, 1990, by Mayor and Council Communication No. P-4433; that it is requested the
second renewal option be exercised; that the data processing service has been modified to
reflect a cost of living increase of approximately 5 percent; that the Director of Fiscal
Services certifies that funds required for this anticipated expenditure during 1990-91
Minutes of City Council S-3 Page 327
�l r
t.J�,�r
Tuesday, August 27, 1991
M&C P-5177 cont. fiscal year are available in the current operating budget, as appropriated, of the Water and
Sewer Operating Fund, and the funds required for the 1991-92 fiscal year will be included
in the proposed budget; and recommending that the City Council exercise the second option
to renew for comprehensive services and data processing service for the Water Department
from ADS Environmental Service, Inc., sole source, per unit price of $225.00 per month, per
monitor for a comprehensive service and $205.00 per month, per monitor for data processing
services with two percent -ten percent, net 30 days f.o.b., Fort Worth. It was the consensus
of the City Council that the recommendation be adopted.
M&C P-5178 re There was presented Mayor and Council Communication No. P-5178 from the City Manager
purchase agreement submitting a tabulation of bids received for a non-exclusive purchase agreement with Calgon
with Calgon Corp. p g g
Corporation to provide polymers for the Water Department; stating that the Director of
Fiscal Services certifies that funds required for this anticipated expenditure during the
1990-91 fiscal year are available in the Water & Sewer Fund, as appropriated, and the funds
required for the 1991-92 fiscal year will be included in the proposed budget; and
recommending that the purchase agreement be authorized with Calgon Corporation and American
Cyanamid, with terms of agreement to begin August 10, 1991, and end August 9, 1992, with
options to renew for two additional one-year periods. It was the consensus of the City
Council that the recommendations be adopted. .
M&C, p-5179 re There was presented Mayor and Council Communication No P-5179 from the Cit Manager
purchase agreement y g
withBwith Beall In- submitting a tabulation of bids received for a purchase agreement for a 12 -month Redi-Mix
ries, Inc. truck lease for the Water Department; stating that the Director of Fiscal Services certifies
that funds required for this purchase are available in the current Water and Sewer Operating
Fund, as appropriated; and recommending that the purchase agreement be authorized with Beall
Industries, Inc., on its low bid of unit prices of $3,800.00 per month per truck and
$1,594.00 per month per driver, with term of agreement to become effective August 20, 1991,
through August 19, 1992. It was the consensus of the City Council that the recommendations
be adopted.
M&C p-5180 re There was presented Mayor and Council Communication No P-5180 from the Cit Manager purchase agreement y g
with Johnson Pump submitting a quotation received fora purchase agreement to provide vertical pump repair for
Company the Water Department; stating that the Director of Fiscal Services certifies that funds
required for this purchase are available in the current operating budget, as appropriated,
of the Water and Sewer Operating Fund; and recommending that the sole source purchase
agreement be authorized with Johnson Pump Company for the Water Department on its unit
prices, with term of agreement to begin August 20, 1991, and end August 19, 1992. It was
the consensus of the City Council that the recommendations be adopted.
M&C P-5181 re There was presented Mayor and Council Communication No. P-5181 from the City Manager
purchase agreement submitting a tabulation of bids received for purchase agreement for Rockwell High Speed
with 0& R Utili- P 9 g p
ties, Inc. pickups for the Water Department; stating that the Director of Fiscal Services certifies
that funds required for this purchase are available in the current operating budget of the
Water and Sewer Operating Fund; and recommending that the purchase agreement be authorized
with 0&R Utilities, Inc., on its low overall bid of unit prices, with term of agreement to
begin August 27, 1991, and end August 26, 1992, with option to renew annually for two years.
It was the consensus of the City Council that the recommendations be adopted.
M&C P-5182 re
purchase from
There was presented Mayor and Council Communication No. P-5182 from the City Manager
Tarrant County
stating that the Fort Worth Public Health Department requires computer equipment compatible
with the Texas Department of Health System for Maternal and Child Health Services Case
Management; that the equipment will be ordered from Tarrant County through the State
Purchases and General Services Commissions Contract; that the City Council approved Mayor
and Council Communication No. C-12976 on July 30, 1991, accepting additional Texas
Department of Health funding for the purchase of computer equipment for the Health
Department; stating that the Director of Fiscal Services certifies that funds required for
the expenditure are available in the current capital budget, as appropriated, of the Grant
Fund 76; and recommending that the City Council authorize the out -right purchase of Texas
Department of Health -funded computer equipment for the Public Health Department from Tarrant
County for the approximate amount of $42,762.00 f.o.b. delivered Fort Worth, Texas. It was
the consensus of the City Council that the recommendation be adopted.
M&C L-10599 re
acquisition of
There was resented Mayor and Council Communication No. L-10599 from the City Manager
P Y
portion of Lot 7A,
recommending that the City Council authorize the acquisition of a rectangularly -shaped strip
Block 8
of land approximately eight feet in width from the south side of Lot 7A, Block 8, Cobb's
Orchard Addition; located at 4744 Nolan Street and owned by James A. Davis and wife Julia
A. Davis, and required for Martin Street Reconstruction; and find that $522.00 is just
compensation for the property acquired. It was the consensus of the City Council that the
recommendations be adopted.
M&C L-10600 re There was presented Mayor and Council Communication No. L-10600 from the City Manager
acquisition of recommending that the Cit Council authorize the acquisition of an irregularly-shaped
portion of Lot 67, g Y q g y -shaped strip
Block 28 of land five feet in width form the north side of Lot 67, Block 28, Diamond Hill Addition,
Parcels 14 and 15, located at 2106 Malone Street and owned by Joel Alonso Garcia et ux
Susana Garcia; and find that $280.00 is just compensation for the property acquired for
Malone Street/Moore Avenue Reconstruction. It was the consensus of the City Council that
the recommendations be adopted.
Minutes of City Council S-3 Page 328
Tuesday, August 27, 1991
M&C L-10601
re
There was presented Mayor and Council Communication No. L-10601 from the City Manager
acquisition
of
recommending that the City Council authorize the acquisition of an irregularly-shaped stri p
portion of
Lot M,
of land approximately 3.5 feet in width from the south side of Lot M, Block 9, Trentman
Block 9
Revision of Cobbs Orchard, Parcel 11; stating that property is located at 4744 Erath and
City Council that the recommendations be adopted.
owned by Elva H. Robinson, and required for the widening of Martin Street; and find that
There was presented Mayor and Council Communication No. L-10604 from the City Manager
acquisition of
$345.00 is just compensation for the property acquired. It was the consensus of the City
portions of Lots
of land five feet in width from the east side of Lots 20, 21, and 24, Block 27, Diamond Hill
Council that the recommendations be adopted.
M&C L-10602
re
There was presented Mayor and Council Communication No. L-10602 from the City Manager
acquisition
of
recommending that the City Council authorize the acquisition of a rectangularly -shaped strip
portion of
Lots
of land five feet in width from the east side of Lots 15 and 16, Block 30, Diamond Hill
15 and 16,
Addition, Parcels 43 and 44; stating that the property is located at 2611 Moore Avenue and
Block 30
owned by Pilar Garcia; and find that $275.00 is just compensation for the property acquired.
It was the consensus of the City Council that the recommendations be adopted.
M&C L-10603 re
There was presented Mayor and Council Communication No. L-10603 from the City Manager
acquisition of
portion of Lot R3,
recommending that the City Council authorize the acquisition of a rectangularly -shaped strip
Block 31
of land five feet in width from the west side of Lot R3, Block 31, Diamond Hill Addition;
stating that the property is located at 2650 Moore Avenue and owned by Willie C. Cloud; that
the property is required to widen Malone Street, and recommending that the City Council find
that $140.00 is just compensation for the property acquired. It was the consensus of the
City Council that the recommendations be adopted.
M&C L-10604 re
There was presented Mayor and Council Communication No. L-10604 from the City Manager
acquisition of
recommending that the City Council authorize the acquisition of an irregularly-shaped strip
portions of Lots
of land five feet in width from the east side of Lots 20, 21, and 24, Block 27, Diamond Hill
20, 21, and 24,
Block 27
Addition, Parcels, 7, 8, and 11; that the property is located at 2605 Malone Street and
owned by Jose D. Campos, and is required to widen Malone Street; and find that $440.00 is
just compensation for the property acquired. It was the consensus of the City Council that
the recommendations be adopted.
M&C L-10605 re There was presented Mayor and Council Communication No. L-10605 from the City Manager
payment f o r taking stating that, subsequent to the approval of Mayor and Council Communication No. L-10516,
of three oak trees dated May 28, 1991, authorizing payment for right-of-way taken for Malone Street/Moore
Avenue Reconstruction Project, a survey of the lots confirmed that three large oak trees are
in the taking; that the property is located at 2518 Hale Avenue and owned by Richard Rivera
Salinas et ux Patricia Ann Salinas; stating that the Director of Fiscal Services certifies
that funds required for this acquisition are available in the current capital budget of the
Street Improvements Bond Fund; and recommending that the City Council authorize payment in
the amount of $350.00 to be made payable to Richard Rivera Salinas et ux Patricia Ann
Salinas. It was the consensus of the City Council that the recommendation be adopted.
M&C PZ -1622 re There was presented Mayor and Council Communication No. PZ -1622 from the City Manager
vacating a utility recommending that an ordinance be adopted vacating a utility easement located along the
easement northeast and east property line except the south two feet of the easement in the southeast
corner of Lot 5-D, Block 7, Colonial Hills Addition. It was the consensus of the City
Council that the recommendation be adopted.
Introduced an
Ordinance Council Member Chappell introduced an ordinance and made a motion that it be adopted.
The motion was seconded by Council Member Woods. The motion, carrying with it the adoption
of said ordinance, prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente,
Silcox, Matson, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No.II ORDINANCE NO. 10909
10909
AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING A
PORTION OF A UTILITY EASEMENT LOCATED WITHIN THE COLONIAL HILLS
ADDITION TO THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR REVERSION
OF FEE IN SAID LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
AND PROVIDING AN EFFECTIVE DATE.
M&C C-13020 re There was presented Mayor and Council Communication No. C-13020, dated August 13,
contract with 1991, from the City Manager stating that the 1986 Capital Improvement program identified
s
Huitt-Zollar, Inc
Consulting $650,000.00 for the reconstruction of Seminary Drive from Sycamore Creek to Campus Drive
gine a rs including the repair of the two existing bridges over Sycamore Creek; that Huitt-
Zollars, Inc., Consulting Engineers, was selected competitively to do the design for the
reconstruction of Seminary Drive from Sycamore Creek to Campus Drive; that a preliminary
study was completed by the consultants and accepted by the Transportation and Public Works
Department on May 17, 1991; that the proposed contract with the consultant for the
engineering design is for a fee not to exceed $41,000.00 based on established hourly rates;
that the rates and total fee have been reviewed by staff and are considered reasonable for
the scope of work defined in the proposal; stating that the Director of Fiscal Services
Minutes of City Council S-3 Page 329
30
Tuesday, August 27, 1991
certifies that funds required for this agreement are available in the current capital
C C-13020 cont. budget, as appropriated, of the Street Improvements Bond Fund; and recommending that the
City Council approve a $41,000.00 fund transfer from the Inner City Street Project to the
Seminary Drive Project in the Street Improvements Capital Project Fund and authorize the
City Manager to execute a design contract with Huitt-Zollars, Inc., Consulting Engineers,
6500 West Freeway, Suite 706, Fort Worth, Texas, for a fee not to exceed $41,000.00 for the
design of the reconstruction of Seminary Drive (Sycamore Creek Bridge to Campus Drive) and
the rehabilitation of the two Sycamore Creek Bridges. On motion of Council Member Puente,
seconded by Council Member Silcox, the recommendations were adopted.
&C C-13032 re
There was presented Mayor and Council Communication No. C-13032 from the City Manager
mendme nt no. 3
stating that the City Council on December 11, 1990, accepted an assignment of a contract
ith Leo A. Daly
between Hillwood Development Corporation and the Leo A. Daly Company for professional
om pany, Omaha,
services on the project and approved Amendment No. 1 for construction observation services
eb ra ska f o r
for a fee of $70,000.00; that Amendment No. 2 for $2,280.00 was approved administratively
ATCT DC
for alterations of the cabinet design in the control cab required by the FAA; that FAA
requires further alterations of the design to accommodate the emergency generator to be
provided by the FAA; that the architect has agreed to provide the design services for this
alteration for an additional fee of $2,820.00; stating that the Director of Fiscal Services
certifies that funds are available in the current budget of the Alliance Airport Traffic
Control Tower fund; and recommending that the City Manager be authorized to increase City
Secretary Contract.No. A-18310 with the Leo A. Daly Company, Omaha, Nebraska, to $75,100.00
for additional design for the Alliance Airport Traffic Control Tower.
ssistant City
Assistant City Manager Mike Groomer, appeared before the City Council and advised the
anager Mike Groom
r, re M&C C-13032
City Council that the contract with Leo A. Daly Company is being proposed for amendment to
increase the amount by $5,100.00 and that this basically is a second phase of the Airport
Traffic Control Tower Project.
&C C-13032 adopte ,i Council Member Silcox made a motion, seconded by Council Member Woods, that Mayor and
Council Communication No. C-13032 be adopted. When the motion was put to a vote by the
Mayor, it prevailed unanimously.
&C C-13033 re There was presented Mayor and Council Communication No. C-13033 from the City Manager
on trac t with submitting a tabulation of bids received for a one-year contract for block sodding and/or
homas Brothers hydromulch seeding for the Transportation/Public Works Department; stating that the Director
rass Company of Fiscal Services certifies that funds required for these anticipated expenditures will be
provided on an individual project basis as approved by the appropriate staff personnel; and
recommending that the City Manager be authorized to execute a one-year contract for grass
requirements with Thomas Brothers Grass Company, 107 Goliad, Benbrook, Texas, in an amount
not to 'exceed $81,950.00. It was the consensus of the City Council that the recommendation
be adopted.
&C C-13034 re There was presented Mayor and Council Communication No. C-13034 from the City Manager
greement with submitting a proposed contract for the installation of community facilities for Hul en Meadow
allmark Baptist Lot 1, Block 46 with Hallmark Baptist Church, Inc.; describing the estimated costs of the
hurch, Inc.
community facilities; stating that the Director of Fiscal Services certifies that money
required for this community facilities contract is available in the current budget of the
New Development Fund 90; and recommending that the City Manager be authorized to execute a
community facilities agreement with Hallmark Baptist Church, Inc., for the installation of
community facilities for Hulen Meadow, Lot 1, Block 46 and that the City Manager be
authorized to reimburse Hallmark Baptist Church, Inc., for the City's share of the cost of
street and storm drain improvements upon satisfactory completion of the same. It was the
consensus of the City Council that the recommendations be adopted.
&C C-13035 re There was presented Mayor and Council Communication No. C-13035 from the City Manager
ontract with U.S. stating that The Corps of Engineers belatedly desired to incorporate two existing contracts
orp s of Engineers into one; that it has denied the contract approved by the City Council to rent 4320 square
feet of office space but has combined a second lease due to expire in 1992 into this one
contract, and desire approval to continue to lease 6153 square feet for $4,663.84 per month
for five one-year contract periods expiring August 14, 1996; that The Corps of Engineers
leases space in the Municipal Parking Garage to serve as recruiting offices for the four
major branches of the armed forces and for the office of the Army Recruiting Commander over
the geographical area; that all other significant lease conditions will remain unchanged
from the current approved leases; that the contract is located in District No. 2; stating
that the Parking Division of the Real Property Management Department is responsible for
collection of funds due the City under this contract; and recommending that the City Council
,approve a corrected copy of a contract submitted by the Corps of Engineers, replacing one
that was approved by Mayor and Council Communication No. C-12910 on June 11, 1991. It was
the consensus of the City Council that the recommendation be adopted.
&C C-13036 re There was presented Mayor and Council Communication No. C-13036 from the City Manager
on tra c t with submitting a tabulation of bids received for water main rehabilitation at Stanley Avenue
onatser Construc- from Cleburne Road to McPherson, located in District 9; Larson Lane from Britton Avenue to
ion, Inc. Arrowwood Drive, located in District 8; Larson Court from Larson Lane west to deadend,
located in District 8; Danciger Street from Rockhill Drive to deadend'located in District
4; and Bonnie Brae Street from Kimbo Road to Tom Ellen Street, located in District 4; and
recommending that the City Manager be authorized to execute a construction contract with
Conatser Construction, Inc., for Water Main Rehabilitation at Five locations, Contract "T"
on the low bid of $388,060.00 and that a fund transfer in the amount of $432,298.00 be
Minutes of City Council S-3 Page 330
,331 -
Tuesday,
-
Tuesday, August 27, 1991
&C C-13036 cont. authorized from Water and Sewer Operating Fund to Water Capital Improvement Fund, Water Main
Rehabilitation, Contract "T". On motion of Council Member Meadows, seconded by Council
Member Silcox, the recommendations were adopted.
M&C C-13037 re
There was presented Mayor and Council Communication No. C-13037 from the City Manager
contract with
submitting a proposed contract for the installation of community facilities for American
American Airlines,
Airlines Learning Center; describing the estimated costs of the community facilities;
Inc.
stating that the Director of Fiscal Services certifies that funds required for the community
facilities contract are available in the current capital budget, as appropriated, of the New
Development Fund 90; and recommending that the City Manager be authorized to execute a
community facilities agreement with American Airlines, Inc., for the installation of
community facilities for American Airlines Learning Center and that the City Manager be
authorized to reimburse American Airlines, Inc., for the City's share of the cost of storm
drain improvements upon satisfactory completion of the same.; On motion of Council Member
Chappell, seconded by Council Member Woods, the recommendations were adopted. (See
subsequent action taken to allow Council Member Matson to abstain.)
M&C C-13038 re
contract with
There was presented Mayor and Council Communication No. C-13038 from the City Manager
Southwestern Bell
submitting a proposed contract for the installation of community facilities for Southwestern
Telephone
Bell Telephone - Eleventh Street; describing estimated costs of the community facilities;
stating that the Director of Fiscal Services certifies that funds required for the community
facilities contract are available in the current capital budget, as appropriated, of the New
Development Fund 90; and recommending that the City Manager be authorized to execute a
community facilities agreement with Southwestern Bell Telephone for the installation of
community facilities for Southwestern Bell Telephone - Eleventh Street and that the City
Manager be authorized to reimburse Southwestern Bell Telephone for the City's share of the
cost of street improvements upon satisfactory completion of the same.
Council Member Meadows advised the City Council that he has filed a conflict of
interest affidavit on Mayor and Council Communication No. C-13038 involving Southwestern
Bell Telephone Company.
Council Member Silcox made a motion, seconded by Council Member Woods, that Mayor and
Council Communication No. C-13038 be adopted. When the motion was put to a vote by the
Mayor, it prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente,
Silcox, Matson, McCray, Woods, and Chappell
NOES: None
ABSENT: None
NOT VOTING: Council Member Meadows
M&C C-13039 re There was presented Mayor and Council Communication No. C-13039 from the City Manager,
contract with E. as follows:
Horn Construction,
Inc. SUBJECT: CHANGE ORDER NO. 2 TO CONTRACT WITH E. HORN CONSTRUCTION, INC., FOR
THE EASTSIDE POLICE SECTOR FACILITY
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Approve a $20,173.00 fund transfer from the Capital Projects Reserve
Unspecified Project to the East Police Sector Renovation Project, and
2. Approve Change Order No. 2 in the amount of $20,173, and increase City
Secretary Contract No. 18301 with E. Horn Construction, Inc. to $546,968
for the construction of the Eastside Police Sector Facility.
OTI;rIISSTON-
On January 10, 1991 (M&C C-12686), the City Council approved a contract with E.
Horn Construction, Inc., for the construction of the project for $451,666.
On May 21, 1991 (M&C C-12875), the City Council approved Change Order No. 1 in
the amount of $75,129.00 for replacing the wood roof structure with structural
steel and interior wall revisions to accommodate more detectives than originally
planned.
As with any remodelling project, various miscellaneous revisions were required
due to unforseen circumstances encountered during the course of construction.
These changes include removing thin cracked concrete and leveling the floor
slab, the addition of parapet walls and pony walls at roof area to provide
support for unreinforced masonry parapets, and other miscellaneous roof and
plumbing changes required by conditions encountered in the field during the
demolition process.
Minutes of City Council S-3 Page 331
Tuesday, August 27, 1991
&C C-13039 cont. 11 PROJECT COST AND WORKING TIME:
Original Contract Amount:
Approved Change Order No. 1:
Proposed Change Order No. 2:
Proposed Contract Amount:
$451,666
130 Calendar Days
75,129
166 Calendar Days
20,173
-0-
546,968
296 Calendar Days
Approval of this Change Order and the previously approved change order increases
the contract amount by 21.10%.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that upon approval of Recommendation
No. 1, funds required for this change order will be,available in the current
capital budget, as appropriated, of the Public Safety Improvements Fund.
ssis tan t City Assistant City Manager Bob Terrell appeared before the City Council and advised the
anager Bob Terrell City Council that, upon the initial purchase of the property for the Eastside Police Sector
e M&C C-13039 Facility, it was thought that the property could -just be remodeled, but it later was
determined that the property had structural damages which required the removal of the roof
which added a considerable amount of time to the construction of the Eastside Police Sector
Facility.
r. Gary Santerre Mr. Gary Santerre, Director of Transportation and Public Works Department, appeared
e M&C C-13039 before the City Council and advised the City Council that the structural damage to the
Eastside Police Sector Facility was not apparent until the roof was removed and some beams
had to be placed inside the building to correct the structural damage.
Council Member Meadows requested permission of the City Council to abstain from voting
on Mayor and Council Communication No. C-13039 because of a client relationship with E. Horn
Construction, Inc.
Council Member Chappell made a motion, seconded by Council Member Silcox, that Council
Member Meadows be permitted to abstain from voting on Mayor and Council Communication No.
C-13039. When the motion was put to a vote by the Mayor, it prevailed unanimously.
Council Member Woods made a motion, seconded by Mayor Pro tempore Webber, that Mayor
and Council Communication No. C-13039 be adopted. When the motion was put to a vote by the
Mayor, it prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente,
Silcox, Matson, McCray, Woods, and Chappell
NOES: None
ABSENT: None
NOT VOTING: Council Member Meadows
econsidered M&C Council Member Chappell made a motion, seconded by Council Member Puente, that Mayor
-13037 re contract and Council Communication No. C-13037 be reconsidered at this time. When the motion was put
i th American Air- to a vote by the Mayor, it prevailed unanimously.
ines, Inc.
There was presented Mayor and Council Communication No. C-13037 from the City Manager
submitting a proposed contract for the installation of community facilities for American
Airlines Learning Center; describing the estimated cost of the community facilities; stating
that the Director of Fiscal Services certifies that funds required for the community
facilities contract are available in the current capital budget, as appropriated, of the New
Development Fund 90; and recommending that the City Manager be authorized to execute a
community facilities agreement with the developer, American Airlines, Inc., for the
installation of community facilities for American Airlines Learning Center and that the City
Manager be authorized to reimburse American Airlines, Inc., for the City's share of the cost
lof storm drain improvements upon satisfactory completion of the same.
Council Member Matson advised City Council that he is disqualified from voting on
Mayor and Council Communication No. C-13037 and that he is filing an affidavit of conflict.
Council Member Chappell made a motion, seconded by Council Member Silcox, that Mayor
and Council Communication No. C-13037 be approved. When the motion was put to a vote by the
Mayor, it prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente,
Silcox, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: None
NOT VOTING: Council Member Matson
Minutes of City Council S-3 Page 332
333
Tuesday, August 27, 1991
Reconsidered M&C Council Member Chappell made a motion, seconded by Council Member Silcox, that Mayor
G-9282 re and Council Communication No. G-9282 be reconsidered at this time. When the motion was put
Airport Layout to a vote by the Mayor, it prevailed unanimously.
Plan Report
Council Member Matson advised City Council that he is disqualified from voting on
Mayor and Council Communication No. G-9282 since this involves American Airlines.
Council Member Chappell made a motion, seconded by Council Member Silcox, that Mayor
and Council Communication No. G-9282 be approved, as amended, by approving only Taxiway H
and continuing the ALP report and the other pre -application for Fort Worth Alliance Airport.
When the motion was put to a vote by the Mayor, it prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente,
Silcox, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: None
NOT VOTING: Council Member Matson
M&C C-13040 re There was presented Mayor and Council Communication No. C-13040 from the City Manager
was withdrawn stating that Pinnacle Air Services, Inc., is proposing a ground lease that will involve four
tracts of land for aviation development and aviation related activities at Alliance Airport;
that the primary term of this agreement shall be 30 years, with a ten-year renewal option
with the same terms as contained in the primary lease; that the Lessee shall give Lessor
written notice to renew at least 45 days prior to the expiration of the primary lease; that,
if the lease term is approved, Pinnacle Air Services agrees to provide for $5,000,000.00 of
improvements; that the total annual amount would be $88,681:68 for 492,676 square feet; that
a license agreement is necessary to allow preferential use of the apron area adjacent to the
leased area for aircraft parking; that the standard rates and charges for use of this
aircraft apron will apply; that, upon termination of the lease, title to all improvements
constructed hereunder shall vest in the City at no cost to the City; stating that the
Administration Section of the Aviation Department is responsible for collection of funds due
the City under this agreement; and recommending that the City Manager be authorized to
execute a ground lease with Pinnacle Air Services, Inc., at Fort Worth Alliance Airport,
including a license agreement for aircraft parking at the Airport.
Council Member Chappell made a motion, seconded by Council Member Woods, that Mayor
and Council Communication No. C-13040 be withdrawn from the consent agenda.
Mr. Reed Pigman Mr. Reed Pigman, 23N Meacham Field, appeared before the City Council and requested
re M&C, C-13040 that he be able to use his lease at Meacham Airport as he sees fit and that assignment of
lease space provision be removed from the contract and expressed opposition to the ground
lease of Pinnacle Air Services.
Mr. Joe Cameron re
Mr. Joe Cameron, 4605 Applewood Drive, representing. the .Taxpayers' Association,
M&C C-13040
appeared before the City Council and advised City Council of its intent to circulate a
petition to place five amendments on the Charter Amendment Election and expressed opposition
to the proposed ground lease of Pinnacle Air Services, Inc., at Fort Worth Alliance Airport
and urged the City Council to postpone this lease agreement indefinitely.
Mr. Glen Johnson
M&C C-13040
Mr. Glen Johnson, 3405 Rustwood Court, a member of the Aviation advisory Board,
re
appeared before the City Council and advised the City Council that the proposed contract
with Pinnacle Air Services was not presented or reviewed by the Aviation Advisory Board and
that the Aviation Advisory Board stands ready to assist the City Council by reviewing this
contract.
Council Member
Silcox re M&C
Council Member Silcox requested that the Aviation Advisory Board review the contract
C-13040
and submit any objections they find within the contract to City Council.
City Manager Ivory
City Manager Ivory advised City Council that the Aviation Advisory Board has the
re M&C C-13040
authority to review the contract and advise City Council as to whether or not the contract
is good or bad before the City Council rules on it.
Assistant City
Assistant City Manager Ramon Guajardo appeared before the City Council and advised the
Manager Ramon
Guaj and o re M&C,
City Council that the first draft of the proposed contract with Pinnacle Air Services was
C-13040
sent to the Federal Aviation Administration and that it expressed opposition to the option
portion of the contract and several changes had to be made and advised City Council that FAA
can review the final lease agreement.
Council Member Council Member Meadows suggested that the Aviation Advisory Board Members also come
Meadows re M&C up with suggestions or make a list of questions regarding the Pinnacle ground lease to be
C-13040 discussed at a work session along with those presented by Council members.
When the motion, that Mayor and Council Communication No. C-13040 be withdrawn, was
put to a vote by the Mayor, it prevailed unanimously.
Minutes of City Council S-3 Page 333
113J -i
Tuesday, August 27, 1991
M&C FP -2858 re There was presented Mayor and Council Communication No. FP -2858 from the City Manager
final payment to stating that street improvement of HMAC.Surface Recycling (90-5) at Various Locations have
APAC-Texas, Inc. been completed in accordance with contract plans, specifications, and requirements; stating
that the Director of Fiscal Services certifies that funds required for this final payment
are available in.the retainage account of the Contract Street Maintenance Fund; and
recommending that the City Council accept as complete the Street Improvements of HMAC
Surface Recycling (90-5) at Various Locations and authorized final payment of $4,871.39 to
APAC-Texas, Inc. It was the consensus of the City Council that the recommendations be
adopted.
M&C FP -2859 re There was presented Mayor and Council Communication No. FP -2859 from the City Manager
final payment to stating that the assessment paving of Seminary Drive from Evans to Burke has been completed
Centerline Con- in accordance with contract plans, specifications, and requirements; stating that the
structors, Inc. Director of Fiscal Services certifies that funds required for the final payment are
available in the current capital budget; as appropriated, of the Street Improvements Bond
Fund; and recommending that the City Council accept as complete the assessment paving of
Seminary Drive from Evans to Burke; approve final assessment roll; authorize issuance of
certificates as evidence of the special assessments levied against the abutting property
owners of Seminary Drive from Evans to Burke; and authorize final payment of $18,341.46 to
Centerline Constructors, Inc. On motion of Council Member Woods, seconded by Council Member
Chappell, the recommendations were adopted.
M&C FP -2860 re There was presented Mayor and Council Communication No. FP -2860 from the City Manager
final payment to stating that the assessment paving of Carey Road from Highway 287 to Wilbarger and Wilbarger
J.L. Bertram Street from Carey to 680 feet west of Village Creek Road has been completed in accordance
Construction & with contract plans, specifications, and requirements; stating that the Director of Fiscal
Engineering, Inc. Services certifies that funds required for this final payment are available in the current
capital budget, as appropriated, of the Street Improvements Bond Fund; and recommending that
the City Council accept as complete the assessment paving of Carey Road from Highway 287 to
Wilbarger and Wilbarger Street from Carey to 680 feet west of Village Creek Road; approve
the final assessment roll; authorize the issuance of certificates as evidence of the special
assessments levied against the abutting property owners of Carey Road form Highway 287 to
Wilbarger and Wilbarger Street from Carey to 680 feet west of Village Creek Road; and
authorize final payment of $23,335.13 to J.L. Bertram Construction & Engineering, Inc. On
motion of Council Member McCray, seconded by Council Member Woods, the recommendations were
adopted.
Mayor Granger advised the City Council that she is disqualified from voting since she
serves on the board of Samarian Housing Incorporated and relinquished the chair to Mayor Pro
tempore Webber.
Mayor Pro tempore At this time, Mayor Pro tempore Webber assumed the chair.
Webber assumed the
chair It appearing to the City Council that the City Council on August 20, 1991, requested
Z-91-64 approved
reconsideration of Zoning Docket No. Z-91-064, Rosen Northwest Partners for a change in
zoning of property located at 2001 Ephriham Avenue from "J" Light Industrial to "D" Multi -
Family, Mayor Pro tempore Webber asked if there was anyone present desiring to be heard.
City Attorney
Adkins re Z-91-64 City Attorney Adkins called to the attention of the City Council correspondence he
submitted to the City Council regarding the reconsideration of Zoning Docket No. Z-91-64 and
advised the City Council that the City Council could not legally rescind the change of
zoning which was granted on August 27, 1991, by reconsidering the zoning case..
Council Member Chappell made a motion, seconded by Council Member McCray, that the
application of Rosen Northwest Partners for a.change in zoning of property located at 2001
Ephriham from "J" Light Industrial to "D" Multi -Family, Zoning Docket No. 2-91-64 be
approved. -;r When the motion was put to a vote by Mayor Pro tempore Webber, it prevailed by
the following vote:
AYES: Mayor Pro tempore Webber; Council Members Puente, Silcox, Matson,
McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: None
NOT VOTING: Mayor Granger
Council Member
Puente excused him Council Member Puente excused himself from the Council table at this time.
self from the
Council table Mayor Granger assumed the chair at this time.
Mayor Granger
assumed the chair It appearing to the City Council that on August 20, 1991, the City Council continued
Budget Hearing the hearing in connection with the proposed budget for the 1991-92 Fiscal Year until the
next regularly scheduled City Council meeting to give every interest person or citizen
_J
opportunity to be heard, Mayor Granger asked if there was anyone present desiring to be
heard.
Minutes of City Council S-3 Page 334
Tuesday, August 27, 1991
Ms. Reed B i 1 z re Ms. Reed Bi 1 z, 6316 Wal burn Court, Chairman of the Fort Worth Commission on the Status
City-wide Crime of Women, appeared before the City Council and requested that the City Council give
Prevention Pack- favorable consideration to the City-wide Crime Prevention Package and particularly to the
age
Victims Assistance Office.
At this time, Council Member McCray excused himself from the Council chamber.
Ms. Frances Nichols Ms. Frances Nichols, 2410 Stadium Drive, Spokesperson for the Interest Group, appeared
re Victims Assist- before the City Council and requested that the City Council give favorable consideration to
a nce Office the Victims Assistance Office and expressed concerns regarding advertisement of cigarettes
on City buses sending a mixed signal to minors.
Ms. Virginia
Richards
Ms.
Virginia Richards, 5309 E1
Dorado, Board Member of Guild Children Services,
re
dental clinic
appeared
before the City Council and
expressed support for the public dental clinic to
remain in
the budget package.
At
this time, Council Member Puente assumed his chair at the Council table.
Mr. J. W. Bryant r(
Mr.
J.W. Bryant, appeared before
the City Council regarding the Museum of Modern Art
Museum of Modern
and expressed
opposition to the use of
City funds for its support.
Art
Council Member McCray assumed his chair at the Council table at this time.
Mayor Pro tempore Webber advised the City Council that she is going to ask her
appointee on the Fort Worth Transportation to look into the issue regarding cigarette
advertisement on buses.
Mr. Pat Taylor re Mr. Pat Taylor, 3437 West Seventh Street, appeared before the City Council and
budget for the requested that the budget for the Cable Office be reviewed by the Citizens' Cable Board and
Cable Office that the Board promulgate the budget of the Cable Office before it comes before the City
Council for adoption, and advised the City Council that the next meeting of the Citizens'
Cable Board is September 9, 1991, which would not be enough time for the Cable Board to
properly go through the Cable Office budget before the adoption of the budget ordinance by
the City Council on September 17, 1991.
Ms. Doreen Janno- Ms. Doreen Jannotta, 3309 Paintbrush Lane, Bedford, Texas, appeared before the City
t to re CP -164 Council and expressed appreciation to the City Council upon the passage of City Council
Policy Proposal CP -164.
Proposed Budget
cont. until next There being no one else present desiring to be heard in connection with the proposed
regularly scheduled budget for the 1991-92 Fiscal Year, it was the consensus of the City Council that the
City Council meet- hearing be continued until the next regularly scheduled City Council meeting to give every
ing interested person or citizen opportunity to be heard.
Mr. Jim Shell re Mr. Jim Shell, 901 Fort Worth Club Building, appeared before the City Council
sand and gravel regarding the adoption of an ordinance regulating sand and gravel mining and advised the
mining City Council that the land use and mining of sand and gravel are too intertwined to separate
the two items and that, in his opinion, the City Council would be ill advised to go forward
with adoption of the proposed ordinance as submitted by Mr. Brent Dickey.
Ms. Lucille Ms. Lucille Wright, 1165 East Oleander, appeared before the City Council regarding a
Wright re grass sewage problem that is coming off of Oleander Street and requesting that Johnson grass on
on three vacant three vacant pieces of property on Oleander Street be cut. Mayor Granger referred Ms.
pieces of property Wright to Assistant City Manager Mike Groomer.
Reconsidered Council Member Chappell made a motion, seconded by Council Member Meadows, that
Changes in member- changes in membership on boards and commissions be reconsidered at this time. When the
ship on boards and motion was put to a vote by the Mayor, it prevailed unanimously.
commissions
Nomination of Mayor Granger advised the City Council of the nomination by the Fort Worth Chamber of
Mr. R.E. Burns to Commerce to appoint Mr. R.E. Burns to the Private Industry Council to Seat 19.
the Private
Industry Council Council Member Chappell made a motion, seconded by Council Member Woods, that the
nomination of Mr. R.E. Burns to Seat 19, representing Fort Worth Chamber of Commerce be
approved. When the motion was put to a vote by the Mayor, it prevailed unanimously.
Met in Closed or It was the consensus of the City Council that the City Council meet in closed or
executive session executive session for the following purposes:
1. To seek the advice of its attorneys concerning the following pending or
contemplated litigation or other matters which are exempt from public
disclosure by Rule 1.05, texas Disciplinary Rules of Professional Conduct
(Article X, Section 9, State Bar Rules):
a) I-Gotcha, Inc. d/b/a Wranglers, et al v. City of Fort Worth, Cause
No. 48-127941-90; and
b) Fort Worth Club and Tavern Operators Association v. City of Fort
Worth, Cause No. 48-132075-90
c) Gina Peabody v. City of Fort Worth and Arnold Delgado, Jr., Cause
No. CA -4-89-404-E
ft
Minutes of City Council S-3 Page 335
X33
Met in closed or
executive session
cont.
Reconvened into
regular session
Adjourned
Tuesday, August 27, 1991
d) Wackenhut Correction Corporation correction facility being
developed on property at intersection, of Blue Mound Road and
Meacham Boulevard
f) Attorney's fees in Civil Rights cases
as authorized by Section 2(e), Article 6252-17, V.A.C.S., the Texas Open
Meeting Act.
2. To discuss the following matters involving the purchase, exchange, lease
or value of real property:
Wackenhut Corrections Corporation correction facility being developed on
property at intersection of Blue Mound Road and Meacham Boulevard
as authorized by Section 2(f), Article 6252-17, V.A.C.S., the Texas Open Meeting
Act. The public discussion of this matter would have a detrimental effect on
the negotiating position of the City as between the City and a third person,
firm or corporation.
The City Council reconvened into regular session.
There being no further business, the meeting was adjourned.
CITY SECRETARY
Minutes of City Council S-3 Page 336
MAYOR