HomeMy WebLinkAbout1991/11/12-Minutes-City Councilouncil Met
embers Present
Invocation
ledge of
llegiance
inutes of Novembe
, 1991 approved
r. Jeff Menn re
resentation to
hief Bill Kikpa-
rick
ithdrew M&C G-937
onsent agenda
pproved
CITY COUNCIL MEETING
NOVEMBER 12, 1991
On the 12th day of November, A.D., 1991, the City Council of the City of Fort Worth,
Texas, met in regular session, with the following members and officers present, to -wit:
Mayor Kay Granger; Mayor Pro tempore Virginia Nell Webber; Council Members Chuck
Silcox, Morris Matson, Eugene McCray, Jewel Woods, Bill Meadows, and David Chappell; City
Manager David Ivory; City Attorney Wade Adkins; Acting City Secretary Gloria Pearson;
Council Member Carlos Puente absent; with more than a quorum present, at which time the
following business was transacted:
The invocation was given by The Reverend Craig Roshaven, First Jefferson Unitarian
Universalist.
The Pledge of Allegiance was recited.
On motion of .Council Member Meadows, seconded by Council Member McCray, the minutes
of the meeting of November 5, 1991, were approved.
Mr. Jeff Menn, Vice -President, Dillard Department Stores, Fort Worth Division,
presented Whistle -Alert whistles for the CODE:BLUE program to Deputy Chief Bill Kirkpatrick
of the Police Department.
Mayor Pro tempore Webber excused herself from the Council Chamber at this time.
Council Member Chappell requested that Mayor and Council Communication No. G-9376 be
withdrawn from the consent agenda.
On motion of Council Member Chappell, seconded by Council Member McCray, the consent
agenda, as amended, was approved.
Minutes of City Council T-3 Page 18
19
Tuesday, November 12, 1991
Nominated Ms. Lind Council Member Silcox nominated Ms. Linda Todd for membership on the Fort Worth
Todd to the Fort Commission on the Status of Women and made a motion, seconded by Council Member McCray, that
Worth Commission Ms. Linda Todd be reappointed to Place 3 on the Fort Worth Commission on the Status of Women
on the Status of with a term of office expiring October 1, 1993. When the motion was put to a vote by the
Women Mayor, it prevailed unanimously.
Moved to the end Council Member Chappell made a motion, seconded by Council Member McCray, that
of agenda re consideration of an ordinance providing for the issuance of $13,425,000.00 of the City of
ordinance Combina- Fort Worth, Texas, Combination Tax and Revenue Certificates of Obligation, Series 1991;
tion Tax and Re- providing for the levy, assessment and collection of a tax sufficient to pay the interest
venue Certificates on said Certificates of Obligation and to create a sinking fund for the redemption thereof
of Blig a tio n at maturity; pledging certain surplus revenues in support of said certificates; prescribing
the form of said Certificates of Obligations; and ordaining other matters relating to that
subject be continued until the end of the agenda. When the motion was put to a vote by the
Mayor, it prevailed unanimously.
Mayor Granger
Mayor
Granger announced that the City Council is
asking for citizens' help in a city-
ity-
announced re
announced
wide project
to redraw district lines that will ensure
City government representation is as
redraw district
balanced as
its population and stated that citizens'
guides for reapportionment for the
lines
City's eight
single member districts are available in
the City Secretary's Office located
on the third
floor of City Hall.
Mayor Pro tempore Mayor Pro tempore Webber assumed her chair at the Council table at this time.
Webber assumed her
c hair Council Member Meadows made a motion, seconded by Council Member Chappell, that the
resolution in memorium to Gloria Lupton Tennison be spread upon the minutes. When the
motion was put to a vote by the Mayor, it prevailed unanimously.
Introduced a Council Member Meadows introduced a resolution and made a motion that it be adopted.
Resolution The motion was seconded by Council Member Chappell. The motion, carrying with it the
adoption of said resolution, prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Silcox,
Matson, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: Council Member Puente
The resolution, as adopted, is as follows:
Resolution No. RESOLUTION NO. 1781
1781 WHEREAS, Gloria DePoyster Lupton Tennison was born in 1924 to Fort Worth
businessman Charles A. and Marie Lupton and graduated from the University of
Texas in Austin in 1945; and,
WHEREAS, in 1950, after a first date which was dove hunting, Gloria Lupton
married Harry Tennison, a Texan who was a World War II Army Air Force pilot and
instructor stationed in Fort Worth and who had a love for hunting; and,
WHEREAS, as a child, Gloria Tennison was involved in charity work,
assisting her parents at Lena Pope Home, Fort Worth Boy's Club, Fort Worth Heart
Association and All Saints Hospital and, as an adult, Mrs. Tennison continued
that tradition by serving as Jewel Charity Ball president, Lena Pope Home
director, Texas Christian University board, the Junior League of Fort Worth,
Broadway Baptist Church and a host of others; and,
WHEREAS, after the death of her father and his business partner, Tom J.
Brown, Mrs. Tennison was chair of the board of Coca-Cola Bottling Co. of Fort
Worth, which owned 17 bottling companies when the firm was sold; and,
WHEREAS, Mr. and Mrs. Tennison's love for hunting created a concern that
endangered species be saved and sparked a two-pronged effort: creation of the
Game Conservation International and generous support for the Fort Worth Zoo that
included funding for the Gloria and Harry Tennison Rhino Exhibit and the overall
improvement of the zoo; and,
WHEREAS, Mrs. Tennison had a strong love not only for her native community,
but also for her husband and family, her friends and her fellow citizens: NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, on
October 15, 1991
That the family of Mrs. Gloria DePoyster Lupton Tennison be given the
condolences of the City of Fort Worth as it shares with them the grief resulting
from the loss of a deeply respected citizen; and,
BE IT FURTHER RESOLVED, that a copy of this memorial resolution be spread upon
the minutes of the City Council and that a copy be furnished to the family of
Mrs. Gloria DePoyster Lupton Tennison as an expression by the City Council
members of their sympathy.
CDB G Grant Council Member McCray made a motion, seconded by Council Member Silcox, that City
Manager Ivory take the steps necessary to allow the City Council make $400,000.00 in CDBG
funds available immediately to the Stop Six Community Services, Inc., for the provision of
Minutes of City Council T-3 Page 19
20 20
Tuesday, November 12, 1991
CDBG Grant cont.i a clinic and that this item be placed on the December 3, 1991, City Council agenda for
faction. When the motion was put to a vote by the Mayor, it prevailed unanimously.
City Manager Ivory
re CDBG City Manager Ivory advised the City Council that the staff had identified some options
that may be available for the City Council's consideration and staff can accommodate placing
this item on the agenda, however this item does involve a public hearing and to accommodate
the public hearing the date of December 3, 1991, was chosen.
Mayor Pro tempore
Webber excused Mayor Pro tempore Webber excused herself from the Council Chambers at this time.
herself from the
Council Chambers Council Member Chappell made a motion, seconded by Council Member Meadows, that the
Consent agenda consent agenda be reconsidered at this time. When the motion was put to a vote by the
reconsidered Mayor, it prevailed unanimously.
Removed from agendt City Manager Ivory requested that Mayor and Council Communication Nos. C-13130 and C-
MC Nos. C-13130, 13135 be removed from the consent agenda.
C-13135
Consent agenda Council Member Chappell made a motion, seconded by Council Member Meadows, that the
approved consent agenda be approved, as amended. When the motion was put to a vote by the Mayor, it
prevailed unanimously.
M&C, 0 CS -357 There was presented Mayor and Council Communication No. OCS-357 from the Office of the
Liability Bond City Secretary recommending that the City Council authorize the acceptance of liability
bonds, as follows:
PARKWAY CONTRACTOR'S BONDS
Tony Crawford Construction
INSURANCE COMPANY
St. Paul Fire and Marine Insurance Company
Ben Morrison Employers Mutual Casualty Company
M&C 0 CS -3 57 adopt- It was the consensus of the City Council that the recommendation be adopted.
ed There was resented Mayor and Council Communication No. OCS-358 from the Office of the
M&C OCS-358 P Y
Claims City Secretary recommending that City Council refer notices of claims regarding alleged
damages and/or injuries to the Risk Management Department, as follows:
Al i sa Eggenberger 1. Cl aimant: Al isa Eggenberger
Date Received: November 1, 1991
Date of Incident: February 22, 1991
Attorney: Mark S. Stewart and Associates
Location of Incident: I-20 Access Road at Hildering
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges damages and injuries sustained in
a vehicular accident the result of construction
and removal of traffic control.
Darlene Morris 2. Claimant: Darlene Morris
Date Received: November 1, 1991
Date of Incident: September 7, 1991
Attorney: James Stanley
Location of Incident: 350 West Belknap
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges injuries sustained as the result
of a fall.
Denise Diane 3. Claimant: Denise Diane Jones
Jones Date Received: November 1, 1991
Date of Incident: October 22, 1991
Location of Incident: 600 Cherry Street, Fort Worth, TX
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges damages to automobile the result
of a collision with a City -owned vehicle.
Shirley L. Turek 4. Claimant: Shirley L. Turek
Date Received: November 1, 1991
Date of Incident: July 4, 1991
Location of Incident: 12th and Calhoun Streets
Estimate of Damages/
Injuries: $500.00
Nature of Incident: Claimant alleges injuries sustained due to
slipping off an uneven sewer grate.
Bert D. Moody 5. Claimant: Bert D. Moody
Date Received: November 1, 1991
Date of Incident: August 10, 1991
Location of Incident: 4818 Inverness
Estimate of Damages/
Injuries: $250.00 - $285.00
Nature of Incident: Claimant alleges damage to property the result of
action taken by police.
Minutes of City Council T-3 Page 20
Valdene (Val)
Hatikes
Holbert Ray Coston
Lilly White and th
Estate of Harry
Stone
Nancy Joy Breed-
love
Phillip Wiley
Holley
Christina Aleman
Dr. O.A. Battista
Larry D. Phelan
Mrs. Mildred
Chambers
United States
Postal Service
zz
Tuesday, November 12, 1991
6. Claimant:
Date Received:
Date of Incident:
Attorney:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
7. Claimant:
Date Received:
Date of Incident:
Attorney:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
8. Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
9. Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
10. Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
11. Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
12. Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
13. Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
14. Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
Valdene (Val) Hawkes
November 1, 1991
October 3, 1991
Jim D. Vandygriff, P.C.
Flagstone and 820 I Streets
$50,000.00
Claimant alleges injuries and damages sustained as
the result of a vehicular accident involving a
City employee.
Holbert Ray Coston, Lilly White and the Estate of
Harry Stone
November 1, 1991
September 30, 1991
Hobert T. Douglas, II and Associates
3225 Thannisch
Undeclared
Claimant alleges injuries and damages to property
resulting from a police action.
Nancy Joy Breedlove
November 1, 1991
October 18, 1991
800 Block of East First Street
$4,945.41
Claimant alleges damages
road conditions.
Phillip Wiley Holley
November 1, 1991
September 13, 1991
5900 East Lancaster
to vehicle the result of
$750.00
Claimant seeking to recover cost of repairs of
vehicle involved in vehicular accident.
Christina Aleman
November 4, 1991
September 24, 1991
2200-2400 Block of Forest Park Boulevard
Undeclared
Claimant alleges damages to vehicle the result of
a tree branch being thrown from a Waste Management
truck.
Dr. 0. A. Battista
Research Services Corporation
November 4, 1991
September, 1991
3863 Southwest Loop 820
$40.00
Claimant alleges that water bills for months of
August and September are incorrect and requests
adjustment be made.
Larry D. Phelan
November 5, 1991
August 4, 1991
313 Mirike Drive, White Settlement, Texas
$20,000.00
Claimant alleges damages to property the result of
a police action.
Mrs. Mildred Chambers
November 5, 1991
September 5, 1991
Hardeman and Miller
$300.00
Claimant alleges damages to vehicle the result of
road conditions.
United States Postal Service
November 5, 1991
October 29, 1991
Undeclared
$150.00
Claimant alleges damages to cargo trailer the
result of a vehicular accident involving City -
owned vehicle.
Minutes of City Council T-3 Page 21
Harriet Brock,
Property Manager
for Floyd and
Melissa Carpenter
Tuesday, November 12, 1991
15. Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
Harriet Brock, Property Manager for Floyd and
Melissa Carpenter
November 6, 1991
October 27, 1991
5216 Morley
Undeclared
Claimant alleges damage to property the result of
sewer backup.
Ima Merle vallis, 16. Claimant: Ima Merle Wallis, aka Merle C. Wallis
aka Merle C. Date Received: November 6, 1991
Wallis Date of Incident: May 23, 1991
Location of Incident: Amon Carter Exhibits Building, Will Rogers
Memorial Center
Estimate of Damages/
Injuries: $975.38
Nature of Incident: Claimant alleges injuries sustained the result of
a fall on City -owned property.
MAC 0 CS -3 58 It was the consensus of the City Council that the recommendation be adopted.
adopted
MAC OCS-359 There was presented Mayor and Council Communication No. OCS-359 from the Office of the
Correspondence re City Secretary recommending that correspondence from Mr. Ralph Michael Holloway, 2121
Mr. Ralph Michael Western Avenue, regarding a severe sewer problem at this address and correspondence from Mr.
Holloway re sev- Don Howard, 4329 Whitfield, requesting that the Sammons of Fort Worth show more
ere sewer problem; understanding of public need by rescinding its recent changes in its weather program be
Mr. Don Howard re referred to the Office of the City Manager. It was the consensus of the City Council that
Sammons of Fort the recommendations be adopted.
Worth weather
program It appearing to the City Council that the City Council on October 8, 1991, set today
Benefit Hearing as the date for benefit hearing in connection with the assessment paving of Lowden Street
Lowden Street from from Hemphill Street to St. Louis Avenue and that notice of the hearing has been given by
Hemphill Street of publication in Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth,
St. Louis Avenue Texas, on October 16, 17, and 18, Mayor Granger asked if there was anyone present desiring
to be heard.
Mrs. Martha Mrs. Martha Lunday, representing the Department of Transportation and Public Works,
Lunday re appeared before the City Council and advised the City Council that the independent appraisal
BH -0073 performed by Mr. Robert Martin substantiates that, as a result of the proposed construction,
each case of the abutting property is 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 is available for questioning; and
called attention of the City Council to Mayor and Council Communication No. BH -0073, as
follows:
SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF LOWDEN STREET FROM
HEMPHILL STREET TO ST. LOUIS AVENUE (PROJECT NO. 67-040253)
RECOMMENDATION:
It 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 Lowden Street from Hemphill Street to St. Louis Avenue.
DISCUSSION:
The 1986 Capital Improvement Program included funds for the improvement of
Lowden Street from Hemphill Street to St. Louis Avenue. The street is in Worth
Heights 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 are not assessed.
Lowden Street will be constructed with standard concrete pavement. Standard
concrete driveways and sidewalks will be built where shown on the plans.
On October 8, 1991 (M&C G-9331), the City Council established November 12, 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 Engineer's estimate, and the advice of the independent
appraiser, the division of estimated construction cost is:
Property owners' share of cost $ 8,640.00 ( 6%)
City's share of cost $136,460.00 ( 94%)
Total cost $145,100.00 (100%)
There are no unusual situations on this project that require special City
Council consideration. The project is in Council DISTRICT 9.
Minutes of City Council T-3 Page 22
23
Tuesday, November 12, 1991
r. Dwaine Mc- Mr. Dwaine McDonald, 811 McDonald Street, McKinney, Texas, owner of Lots 11 and 12,
on ald re BH -0073 Block 15, South Hemphill Heights Addition, appeared before the City Council and expressed
opposition to the assessment paving of Lowden Street from Hemphill Street to St. Louis
Avenue.
r. Christopher Mr. Christopher Bonilla, 1822 Jacksboro Highway, representing Mr. Frank Lopez, owner
onilla re BH -0073 of Lot 1, Block 21, South Hemphill Heights Addition, appeared before the City Council and
expressed opposition to the assessment paving of Lowden Street from Hemphill Street to St.
Louis Avenue and requested that favorable consideration be given to the continuance of the
assessment paving of Lowden Street from Hemphill Street to St. Louis Avenue.
There being no one else present desiring to be heard in connection with the benefit
hearing for the assessment paving of Lowden Street from Hemphill Street to St. Louis Avenue,
Council Member Chappell made a motion, seconded by Council Member Meadows, that the hearing
be continued from day to day and from time to time and especially to the meeting of November
26, 1991, to give every interested citizen an opportunity to be heard. When the motion was
put to a vote by the Mayor, it prevailed unanimously.
oun cil Member Council Member Chappell requested that staff make recommendations to the City Council
hap pell re as to if it would be appropriate to make a deviation or variation on individual commercial
ommercial lots lots where there was no improvements to the properties.
&C, G-9373 re There was presented Mayor and Council Communication No. G-9373 from the City Manager
ppointed Mr. recommending that the City Council give its consent to the City Manager for his appointment
lfred 1L.. Bates of Mr. Alfred L. Bates to Place 3 on the Plumbing Board, with term of office expiring
October 1, 1993. It was the consensus of the City Council that the recommendation be
adopted.
M&C G-9374 re There was presented Mayor and Council Communication No. G-9374 from the City Manager
Board of Directors stating that the City Council nominated Ms. Ruth Ann McKinney as a candidate for a position
of the Tarrant on the Board of Directors of the Tarrant Appraisal District on October 15, 1991; that, the
Appraisal District Chief Appraiser has calculated that the City of Fort Worth is entitled to cast 810 votes in
the election of the five -member board of directors; that the casting of the City's total
entitlement will assure election of the City's nominee; and recommending that the City
Council adopt a resolution casting 810 votes for Ruth Ann McKinney, nominee for the Board
of Directors of Tarrant Appraisal District. It was the consensus of the City Council that
the recommendation be adopted.
Introduced a Council Member Chappell introduced a resolution and made a motion that it be adopted.
Resolution The.motion was seconded by Council Member Meadows. The motion, carrying with it the
adoption of said resolution, prevailed by the following vote:
AYES: Mayor Granger; Council Members Silcox, Matson, McCray, Woods,
Meadows, and Chappell
NOES: None
ABSENT: Mayor Pro tempore Webber and Council Member Puente
The resolution, as adopted, is as follows:
esolution No. RESOLUTION NO. 1782
782 WHEREAS, the Texas Property Tax Code requires the creation of tax appraisal
district in each county in the State of Texas; and,
WHEREAS, the Texas Property Tax Code provides for the nomination and
election of directors to the appraisal district board of directors; and,
WHEREAS, the Chief Appraiser has provided an Official Ballot, a listing of
nominees and a voting entitlement for the selection of directors of the Tax
Appraisal District of Tarrant County for a term commencing January 1, 1992;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH:
That the City Council of the City of Fort Worth officially ratifies the
casting of 810 votes for Ruth Ann McKinney to fill a position on the Board of
Directors of the Tax Appraisal District of Tarrant County.
&C, G-9375 re There was presented Mayor and Council Communication No. G-9375 from the City Manager
e scinded a water stating that the City Council awarded a contract to Bituminous Asphalt Sealing Specialist,
on trac t Inc., on June 4, 1991, by Mayor and Council Communication, No. C-12895 Slurry Seal (91-1)
Street Improvements in the amount of $188,018.12; that the project was part of a 1991
Contract Street Maintenance Program; that the contractor is an out of state firm that has
tried over the past months to obtain acceptable bonding, however, has been unable to do so;
and recommending that the City Council rescind award of contract to Bituminous Asphalt
Sealing Specialist, Inc., for Slurry Seal (91-1) and authorize staff to readvertise for
construction bids for Slurry Seal (91-1). It was the consensus of the City Council that the
recommendations be adopted.
M&C, G-9376 re There was presented Mayor and Council Communication No. G-9376 from the City Manager
service plan and as follows:
budget for FWID
No. 2 SUBJECT: APPROVAL OF 1991 SERVICE PLAN AND BUDGET FOR FORT WORTH IMPROVEMENT
DISTRICT NO. 2; EXTENSION OF CONTRACT WITH HILLWOOD CONSTRUCTION
COMPANY AND SETTING BENEFIT HEARING
Minutes of City Council T-3 Page 23
24
Tuesday, November 12, 1991
&C G-9376 cont. 11 RECOMMENDATION:
It is recommended that the City Council take the following action regarding Fort
Worth Improvement District No. 2:
+ 1. Approve the attached service plan and budget for 1991 as recommended by the
+ - Hillwood Construction Company, and
2. Adopt the proposed 1991 assessment rolls which are on file with the City
Secretary and set Tuesday, November 26 at 10:00 a.m. in the City Council
Chambers as the time and place for the benefit hearing, and
3. Direct the City Secretary to give notice of the November 26, 1991 hearing
in accordance with state law, and
4. Authorize the City Manager to sign a document extending City Secretary
Contract No. 18343 with Hillwood Construction Company for an additional
year to provide improvements and services in the District during 1991, for
the sum of $193,550.
1111Q iIRNIMM
Public Improvement District No. 2 was created in August, 1988, but no
assessments were levied until 1990. State statute requires that a service plan
for the Improvement District be reviewed and approved by the City Council
(Chapter 372, Subchapter A, Section 372.013 of the Local Government Code). The
plan must cover a period of at least five years and must be reviewed and updated
annually for the purpose of determining the annual budget for improvements and
special supplemental services in the District. The statute further provides
that the City Council may assign responsibility for preparation of the proposed
service plan to another entity in the absence of an advisory board.
In 1990, Hillwood Construction Company was authorized to prepare a five-year
service plan and budget for the District. The plan and budget were approved by
the City Council and Hillwood Construction Company was authorized to provide
improvements and services in the District in 1990 (Contract No. 18343).
An updated service plan and budget for 1991 were sent to property owners in
District No. 2 in May, 1991 by the Hillwood Construction Company, which also
held an open meeting in the District on May 30, 1991. Based on the 100%
collection of assessments in 1990 and the very favorable comments in the
neighborhood meeting, the District property owners are supportive of the
District and the work of Hillwood Construction Company.
Approval of the 1991 service plan and budget and the proposed assessment rolls
would lead to the final step in the 1991 assessment procedure, that of benefit
hearing and levying assessments.
FISCAL INFORMATION/CERTIFICATION:
Payments under the proposed 1991 contract with Hillwood Development Company
shall be made exclusively from special assessments collected from the owners of
property in the District. Also, $10,000 of the assessments would be used for
the City administrative costs.
City Attorney Adkins advised the City Council that there were no capital improvements
included in the service plan and budget for the Fort Worth Improvement District No. 2.
Council Member Chappell made a motion, seconded by Council Member Meadows, that Mayor
and Council Communication No. G-9376 be approved. When the motion was put to a vote by the
Mayor, it prevailed unanimously.
M&C G-9377 re There was presented Mayor and Council Communication No. G-9377 from the City Manager,
CHAS as follows:
SUBJECT: SUBMIT THE COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) TO THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the goals, initiative and subgoals outlined below as the five-year
housing strategy to be included in the City's Comprehensive Housing
Affordability Strategy (CHAS), and
2. Authorize the City Manager to submit the Comprehensive Housing
Affordability Strategy (CHAS) to the U.S. Department of Housing and Urban
Development, and
3. Adopt the Comprehensive Housing Affordability Strategy as the City of Fort
Worth's Housing Policy.
DISCUSSION:
The Comprehensive Housing Affordability Strategy (CHAS) is a five-year plan that
identifies the City's overall needs for affordable and supportive housing and
outlines the strategies to address these needs. The City is required to prepare
Minutes of City Council T-3 Page 24
25
Tuesday, November 12, 1991
MSC G-9377 cont. this document as a prerequisite to the City and/or other organizations within
the jurisdiction receiving federal housing funds from HUD. Mandated by Congress
in the 1990 National Affordable Housing Act, the CHAS replaces the City's
Comprehensive Homeless Assistance Plan (CHAP) and the Housing Assistance Plan
(HAP).
The deadline for submitting the CHAS to HUD is November 15, 1991. A
jurisdiction without an approved CHAS will not be allowed to apply for HUD
funds. This restriction also applies to all other applicants (i.e. non -profits,
Fort Worth Housing Authority) within the jurisdiction.
In developing the CHAS, and more specifically the five-year housing strategy,
there has been general public input, and input from a large number of
organizations and agencies. It is intended that no one entity is solely
responsible for implementing programs that will address the goals outlined
below. The responsibility lies with the City, the Tarrant County Housing
Partnership, non -profits, social service agencies, businesses, lenders,
churches, foundations and neighborhood groups all assuming appropriate roles and
tasks.
The goals, initiatives and subgoals were outlined in the Summary Report on the
Comprehensive Housing Affordability Strategy (CHAS) previously provided to you
and at a presentation made during the November 5th City Council Work Session.
On October 29th the City Council Housing Committee met and reviewed the Summary
Report on the Comprehensive Housing Affordability Strategy. The Housing
Committee approved the Report and endorsed the goals, initiatives and subgoals.
Goals:
1) To revitalize and preserve neighborhoods;
2) To provide affordable housing options for low/to moderate -income
families and persons.
Recommended Initiatives:
1) Develop a coordinated and complementary Housing Development System which
includes: a) government; b) lenders; c) non -profits; d) foundations; e)
social service agencies; f) businesses; and g) neighborhood groups;
2) Provide for a central source of housing information for the public;
3) Build the capacity of all segments of the housing delivery system;
4) Develop financial resources from the public and private sector to
administer and implement programs;
5) Involve consumers, advocates, and neighborhood groups in the process of
designing and implementing housing programs.
Subgoals:
1) Maintain affordable, decent, safe and sanitary housing for lower-income
homeowners;
2) Maintain owner -occupied units through prevention of foreclosure;
3) Preserve the available housing stock and make it affordable for lower-
income homebuyers;
4) Provide for the construction of new units as infill in existing
neighborhoods;
5) Increase the level of home ownership for lower-income homebuyers by
providing financial and technical supportive services that make housing
affordable;
6) Upgrade and preserve the existing rental stock and make the units
affordable to lower-income households;
117)
Provide rental assistance and supportive services to households earning
below 50% of the median income;
8) Ensure no net loss in the assisted housing inventory as a result of
public housing demolition or conversion to home ownership, prepayment or
termination of a federally -assisted mortgage;
9) Improve the management and the living environment of public housing
residents;
10) Assist public housing residents, when appropriate and desired, to become
owners of their public housing units;
11) Assist in meeting the shelter, housing and supportive service needs of
the homeless that are at -risk, on -the -street and in transition back to
an independent lifestyle;
Minutes of City Council T-3 Page 25
W
Tuesday, November 12, 1991
12) Provide appropriate housing and supportive services that will allow the
M&C G-9377 cont. elderly to remain in their homes or live in an independent or
semi-independent congregate setting;
13) Increase the number of affordable units that are accessible to the
physically disabled;
14) Provide an appropriate range of affordable housing options and services
for special needs populations (i.e. mentally ill and persons with AIDS).
M&C G-9377 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and
Council Communication No. G-9377, be adopted.
M&C G-9378 re There was presented Mayor and Council Communication No. G-9378 from the City Manager
FW I D No. 1 recommending that an ordinance be adopted declaring the need for and ordering various
improvements and/or services to be provided in Fort Worth Improvement District No. 1 during
the 1991-92 fiscal year; approving the estimates.of costs and amounts to be assessed for
such improvements and/or services; setting November 26,.1991, as the date of the special
benefit hearing; and making provisions for levying assessments, approving the proposed
assessment roll and authorizing notification of property owners in accordance with state
law. It was the consensus of the City Council that the recommendations be adopted.
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; Council Members Silcox, Matson, McCray, Woods,
Meadows, and Chappell
NOES: None
A - ABSENT: Mayor Pro tempore Webber and Council Member Puente
Ordinance No.
10951
Mayor Pro tempore
Webber assumed her
chair
M&C G-9379 re
donations from
Fort Worth City
Credit Union, FW
Star -Telegram,
Hillwood Develop-
ment Corp.
City Attorney
Adkins re M&C
G-9379
e ordinance, as adopted, is as follows:
ORDINANCE NO. 10951
AN ORDINANCE ORDERING AND PROVIDING FOR CERTAIN
IMPROVEMENTS AND/OR SERVICES TO BE PROVIDED IN FORT
WORTH IMPROVEMENT DISTRICT NO. 1 DURING THE 1991-92
FISCAL YEAR; MAKING PROVISIONS FOR THE LEVYING OF
ASSESSMENTS AGAINST PROPERTIES AND THE OWNERS THEREOF
FOR THE COST OF SUCH IMPROVEMENTS AND/OR SERVICES;
APPROVING AND ADOPTING A PROPOSED ASSESSMENT ROLL AND
COST ESTIMATES FOR SUCH IMPROVEMENTS AND/OR SERVICES;
FIXING THE TIME AND PLACE FOR SUCH A PUBLIC HEARING TO
CONSIDER THE PROPOSED ASSESSMENTS AGAINST EACH PARCEL
OF PROPERTY IN THE DISTRICT AND THE OWNERS THEREOF;
DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF SUCH
HEARING AND TO FILE A NOTICE OF ADOPTION OF THIS
ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY,
TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT
PROCEEDINGS RELATING TO SAID IMPROVEMENTS AND/OR
SERVICES ARE AND SHALL BE PURSUANT TO THE PUBLIC
IMPROVEMENT DISTRICT ASSESSMENT ACT, V.T.C.A., LOCAL
GOVERNMENT CODE, SECTION 372.001 ET SEQ.; DIRECTING THE
CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION XIII.
This ordinance shall take effect and be in full force and effect from and after
the date of its passage.
Mayor Pro tempore Webber assumed her chair at the Council table at this time.
There was presented Mayor and Council Communication No. G-9379 from the City Manager
stating that the City participated in the Sixth Annual Neighborhood Conference on November
2, 1991, at the North Side High School; that, in addition to the City, other co-sponsors are
the Fort Worth League of Neighborhoods Association, Community Development Council, Fort
Worth Independent School District, Fort Worth Chamber of Commerce, Neighborhood Advisory
Councils, and the United Way; that contributions have been received from the Fort Worth City
Credit Union in the amount of $1,000.00, Hillwood Development Corporation in the amount of
$1,000.00, and the Fort Worth Star -Telegram in the amount of $500.00 to help defray the
costs of the conference; and recommending that the City Council accept donations from Fort
Worth City Credit Union ($1,000.00), Hillwood Development Corporation ($1,000.00), and Fort
Worth Star -Telegram ($500.00), for Sixth Annual Neighborhood Conference; accept any
additional donations received to defray the expenses of the conference; and adopt a
Supplemental Appropriation Ordinance increasing estimated receipts and appropriations by
$2,500.00 in the Special Trust Fund.
City Attorney Adkins advised Council Member Chappell that the Fort Worth Independent
hool District was one of the participants in the Annual Neighborhood Conference and
Minutes of City Council T-3 Page 26
27
Tuesday, November 12, 1991
advised Council Member Chappell that this was not a conflict of interest and he could vote
on Mayor and Council Communication No. G-9379.
Council Member Woods made a motion, seconded by Council Member Chappell, that Mayor
and Council Communication No. G-9379 be approved. When the motion was put to a vote by the
Mayor, it prevailed unanimously.
Introduced an
Ordinance Council Member Woods introduced an ordinance and made a motion that it be adopted.
The motion was seconded by Council Member Chappell. The motion, carrying with it the
adoption of said ordinance, prevailed by the following vote:
The ordinance, as adopted, is as follows:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Silcox,
Matson, McCray, Woods, Meadows, and Chappell
NOES: None
II ABSENT: Council Member Puente
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10952
10952
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE SPECIAL TRUST FUND IN THE
AMOUNT OF $2,500.00 FOR THE PURPOSE OF ACCEPTING
DONATIONS FOR THE SIXTH ANNUAL NEIGHBORHOOD
CONFERENCE; PROVIDING FOR A SEVERABILITY CLAUSE;
MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES
AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 5.
This ordinance shall take effect and be in full force and effect from and
after the date of its passage, and it is so ordained.
M&C, G-9380 re There was presented Mayor and Council Communication No. G-9380 from the City Manager,
contract with as follows:
McAuliffe, Kelly,
and Raffaelli SUBJECT: D/FW RAILTRAN SYSTEM: CONTRACT WITH MCAULIFFE, KELLY, AND RAFFAELLI
FOR INTERGOVERNMENTAL RELATIONS REPRESENTATION
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a one-year contract with McAuliffe,
Kelly, and Raffaelli (MKR) to provide legal services in intergovernmental
relations for the RAILTRAN system at a fee not to exceed $7,000.00 monthly
or $84,000.00 annually, and
2. Adopt the attached resolution in conformity with Chapter VI, Section 5 of
the City Charter.
nTCriKUnN-
In February 1989, the city councils of Fort Worth and Dallas authorized their
respective city managers to enter into a contract with McAuliffe, Kelly,
Raffaelli, and Siemens (MKR) to provide legal services in the intergovernmental
relations field for the RAILTRAN System. Due to expiration of that contract,
the RAILTRAN Policy Committee recommended on May 23, 1991, that the city
councils of Fort Worth and Dallas authorize their city managers to again enter
into a contract with the law firm.
Through the involvement of MKR, RAILTRAN was able to obtain approval for local
discretionary use of 100% of the revenue generated by the project (for
administration, planning and technical studies, construction, and local matching
funds) instead of the previously allowed 20% which was based on the percentage
of local financial participation in the original acquisition of the Corridor.
MKR has also provided advice concerning RAILTRAN's relationship with the Urban
Mass Transit Administration (UMTA), the federal agency which oversees
administration of RAILTRAN's grant funds.
In connection with this contract, the law firm will provide:
1. Representation of RAILTRAN in its relations with UMTA at both the Regional
and Washington office levels.
2. Representation of RAILTRAN's interest before Congress and assistance in
development and implementation of a strategy to obtain funding through
appropriations legislation.
Minutes of City Council T-3 Page 27
LA
•
Tuesday, November 12, 1991
M&C G-9380 cont. 3. Assistance to RAILTRAN in its relations with community leaders and
I officials in the service area.
In return for the above -referenced services, McAuliffe, Kelly, and Raffaelli
will be paid a retainer fee of $7,000.00 per month.Total compensation shall
not exceed $84,000.00 per year. This contract shall run one year, covering
services provided between February 1, 1991, and January 31, 1992, and may be
canceled by either party upon 30 days written notice.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that sufficient funds are available
in the capital budget of the Special Trust Fund.
MaC G-9380 adopted On motion of Council Member Chappell, seconded by Council Member Matson, the
recommendations, as contained in Mayor and Council Communication No. G-9380, were adopted.
Introduced a Council Member Chappell introduced a resolution and made a motion that it be adopted.
Resolution The motion was seconded by Council Member Matson. The motion, carrying with it the adoption
of said resolution, prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Silcox,
Matson, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: Council Member Puente
The resolution, as adopted, is as follows:
Resolution No. RESOLUTION NO. 1783
1783
WHEREAS, the cities of Dallas and Fort Worth, acting collectively as
"RAILTRAN" have a need for certain professional services to be provided in
connection with intergovernmental relations; and
WHEREAS, RAILTRAN has heretofore utilized the services of the law firm of
McAuliffe, Kelly, Raffaelli, and Siemens to provide such professional services;
and
WHEREAS, the RAILTRAN System Policy Committee has recommended that such
representation be continued by authorizing the City Managers of both cities to
execute a one-year contract with this firm, now called McAuliffe, Kelly, and
Raffaelli; and
WHEREAS, said contract shall cover services provided by said firm for a
period of one year;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH:
Section 1. That the City Manager is hereby authorized to sign a
professional services contract with the law firm of McAuliffe, Kelly, and
Raffaelli as special legal counsel in the intergovernmental relations field for
the Cities of Dallas and Fort Worth, acting collectively as RAILTRAN, in an
amount not to exceed $84,000.00 following approval as to form by the City
Attorney.
Section 2. That this resolution shall take effect immediately from and
after its passage in accordance with the provisions of the Charter of the City
of Fort Worth, and it is accordingly so resolved.
M&C G-9381 re There was presented Mayor and Council Communication No. G-9381 from the City Manager
amending Chapter stating that the last major update of Chapter 3 "Airports and Aircraft" was completed in
3 Airports and 1983; that minor changes were made in 1986; that, since that time, many changes in Federal
Aircraft" Aviation Administration regulations have taken place, and the City has added two airports
to its system; that the current rules and regulations contained in Chapter 3 of the City
Code do not meet the minimum compliance standards of Federal Aviation Administration for
certified airports; and recommending that the City Council approve the adoption of an
ordinance updating and revising Chapter 3 "Airports and Aircraft" of the Code of the City
of Fort Worth, Texas. On motion of Council Member Woods, seconded by Mayor Pro tempore
Webber, the recommendation was adopted.
Introduced an Council Member Woods introduced an ordinance and made a motion that it be adopted. The
Ordinance 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 Silcox,
Matson, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: Council Member Puente
Minutes of City Council T-3 Page 28
M
Tuesday, November 12, 1991
e orainance, as aaoptiea,
rdi Hance No.ORDINANCE NO. 10953
0953 AN ORDINANCE AMENDING CHAPTER 3, "AIRPORTS AND
AIRCRAFT", OF THE CODE OF THE CITY OF FORT WORTH
(1986), AS AMENDED; CHANGING AND ADDING DEFINITIONS;
CHANGING THE TITLE OF DIRECTOR OF AIRPORT SYSTEMS;
ADOPTING CERTAIN RULES, REGULATIONS, POLICIES AND
PROCEDURES BY REFERENCE; AMENDING AND ADDING CERTAIN
PROVISIONS CONCERNING REGULATION OF CITY -OWNED LANDING
FIELDS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION
IN PAMPHLET FORM; PROVIDING FOR PENALTIES AND FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 14.
Any person, firm or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of
this ordinance with respect to fire safety and/or public health shall be fined not
more than Two Thousand Dollars ($2,000.00) for each offense, and with respect to
all other provisions of this ordinance shall be fined not more than Five Hundred
Dollars ($500.00) for each offense. Each day that a violation is permitted to
exist shall constitute a separate offense.
&C G-9382 re There was presented Mayor and Council Communication No. G-9382 from the City Manager,
greement with as follows:
ike Pastusek
SUBJECT: MAKE FINDINGS CONCERNING A PROPOSED TAX ABATEMENT AGREEMENT WITH
MIKE PASTUSEK AND AUTHORIZE EXECUTION OF THE AGREEMENT
RECOMMENDATION:
It is recommended that the City Council take the following actions regarding a
proposed project at Oakbrook Mall, located at the intersection of Riverside
Drive and Berry Street:
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. Find 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. Find 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. Authorize the City Manager to enter into the Tax Abatement Agreement with
Mike Pastusek, 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).
DISCUSSION:
The City Council received I.R. 7518 on March 26, 1991, concerning the tax
abatement applications from Mike Pastusek and Pastusek Industries for the
renovation of Oakbrook Mall and new construction at Advantage Business Park.
As was noted in the I.R., Mr. Pastusek has been unable to find acceptable
financing and is funding the renovation from the Pastusek Industries cash flow.
Recently, Bank One has been working with Mr. Pastusek for a SBA loan for the
purchase of new equipment to be used at the expanded operations at the Advantage
Business Park.
Since the City Council received the I.R., Mr. Pastusek has revised the
application for Oakbrook Mall to reflect a lower investment and job creation
commitment in view of the difficulty Mr. Pastusek has had in obtaining
acceptable financing.
The reinvestment zones for tax abatement purposes for the Oakbrook Mall and
Advantage Business Park sites were established by City Council on April 16,
1991.
In accordance with the Council approved Policy Statement, the proposed Tax
Abatement Agreement would authorize a 100% abatement of the increase in
valuation of the improvements for ten years, subject to no delinquent taxes.
In exchange for the abatement, the property owner commits to new development or
renovation of a specified amount, a specified number of new jobs and a
percentage of new jobs. At Oakbrook Mall, that commitment is as follows: At
least $125,000.00 of renovations to be completed before May 31, 1992, five (5)
Minutes of City Council T-3 Page 29
�o
M&C G-9382 cont.
r.
Council member
Meadows re M&C
G-9382
Mr. William Mann
re M&C G-9382
Mr. John Posey
re M&C G-9382
M&C G-9383 re
agreement with,
Pastusek Indu-
stries, Inc...:-,
Tuesday, November 12, 1991
jobs by 1992 and 95% of any new jobs to be held by Fort Worth residents. The
policy statement allows the City Council to consider a project of less than
$500,000.00, in the inner-city area, if the City Council determines that it is
in the best interest of the City.
Council Member Meadows requested permission of the City Council to abstain from voting
on Mayor and Council Communication No. G-9382 involving a business interest.
Council Member Chappell made a motion, seconded by Council Member Woods, permitting
Council Member Meadows to abstain from voting on Mayor and Council Communication No. G-9382.
Mr. William Mann, 6088 Wonder Drive, appeared before the City Council and requested
that the City Council give favorable consideration to the recommendation contained in Mayor
and Council Communication No. G-9382.
Mr. John Posey, 2914 East Rosedale, appeared before the City Council and requested that
the City Council give favorable consideration to the proposed tax abatement agreement with
Pastusek Industries.
Mayor Pro tempore Webber made a motion, seconded by Council Member Silcox, that the
recommendations, as contained in Mayor and Council Communication No. G-9382, be adopted.
When the motion was put to a vote by the Mayor, it prevailed unanimously.
There was presented Mayor and Council Communication No. G-9383 from the City Manager,
,,as follows:
I.,; SUBJECT: MAKE FINDINGS CONCERNING A PROPOSED TAX ABATEMENT AGREEMENT WITH
PASTUSEK INDUSTRIES, INC., AND AUTHORIZE EXECUTION OF THE AGREEMENT
RECOMMENDATION:
It is recommended that the City Council take the following actions regarding a
proposed project in the Advantage Business Park, located at the intersection of
the Martin Luther King Freeway and Cobb Park Drive:
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. Find 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. Find 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. Authorize the City Manager to enter into the Tax Abatement Agreement with
Pastusek Industries, Inc., 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).
DISCUSSION:
The City Council received I.R. 7518 on March 26, 1991, concerning the tax
abatement applications from Mike Pastusek and Pastusek Industries for the
renovation of Oakbrook Mall and new construction at Advantage Business Park.
As was noted in the I.R., Mr. Pastusek has been unable to find acceptable
financing and is funding the renovation from the Pastusek Industries cash flow.
Recently, Bank One has been working with Mr. Pastusek for a SBA loan for the
purchase of new equipment to be used at the expanded operations at the Advantage
Business Park.
Based on the I.R., reinvestment zones for tax abatement purposes for the
Oakbrook Mall and Advantage Business Park sites were established by City Council
on April 16, 1991.
Since that time, Mr. Pastusek has revised the applications to reflect a lower
investment and job creation commitment in view of the difficulty Mr. Pastusek
has had in obtaining acceptable financing.
The policy statement allows the City Council to consider a project of less than
$500,000.00, in the inner-city areas, if the City Council determines that it is
in the best interest of the City.
Therefore, in accordance with the Council approved Policy Statement, staff is
recommending the attached proposed Tax Abatement Agreement which would authorize
a 100% abatement of the increase in valuation of the improvements for ten years,
subject to no delinquent taxes. In exchange for the abatement, the property
owner commits to new development or renovation of a specified amount, a
specified number of new jobs and a percentage of new jobs. At the Advantage
Business Park, that commitment is as follows: 'A new 7,000 square -foot facility
having a completion cost of at least $25,000.00 to be completed by December 31,
1991, 20 jobs by 1992 and 95% of the jobs to be held by Fort Worth residents.
Minutes of City Council T-3 Page 30
31
Tuesday, November 12, 1991
On motion of, Council Member Matson, seconded by Council Member McCray, the
recommendations were.adopted.
M&C G-9384 re There was presented Mayor and Council Communication No. G-9384 from the City Manager
Tax and Revenue stating that bids for $13,425,000.00 City of Fort Worth, Texas, Combination Tax and Revenue
Certificates of Certificates of Obligation, Series 1991, were received today (Tuesday, November 12, 1991)
Obligation at 10:00 a.m.; and recommending:
1. That the City Council adopt' Ordinance No. 10950 providing for the issuance
of $13,425,000.00 City of Fort Worth, Texas, Combination Tax and Revenue
Certificates of Obligation, Seraes:1991, approving the "Notice of Sale and
Bidding Instructions", "Official Bid Form" and "Official Statement"
prepared in connection with the issuance of $13,425,000.00 City of Fort
Worth, Texas, Combination Tax and Revenue Certificates of Obligation,
Series 1991, and
2. That the $13,425,000.00 City of Fort Worth, Texas, Combination Tax and
Revenue Certificates of Obligation, Series 1991, be sold to Merill Lynch
Capital Markets bidder offering the lowest interest cost, $4,999,461.35 at
an average effective interest rate of 5.737851.
Mr. Judson Bailiff Mr. Judson Bailiff, Fiscal Services Director, advised the City Council that the bond
re M&C G-9384 sale had been completed and recommended to the City Council that approval of Mayor and
Council Communication No. G-9384 and the ordinance providing for the issuance of
$13,425,000.00 of City of Fort Worth, Texas, Combination Tax and Revenue Certificate
Obligations, Series 1991, be approved as one action.
City Attorney
Adkins re MAC
City Attorney Adkins advised the City Council that
the ordinance
referred to in Mayor
G-9384
and Council
Communication No. G-9384 is the same as the
one listed at
the beginning of the
agenda and
approval of Mayor and Council Communication No. G-9384
would also include
approval of
the ordinance.
Council
Member Chappell made, -,.a motion, seconded by
Council Member
Meadows, that Mayor
and Council
Communication No. G-9384 be approved. When
the motion was
put to a vote by the
Mayor, it prevailed unanimously.
Introduced
Council
Member Chappell introduced an ordinance and made a motion
that it be adopted.
an
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 Silcox,
Matson, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: Council Member Puente
The ordinance, as adopted, is as follows:
ORDINANCE NO. 10950
Ordinance No. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
10950 TEXAS, PROVIDING FOR THE ISSUANCE OF $13,425,000.00 CITY
' 'OF FORT WORTH, TEXAS COMBINATION TAX AND REVENUE
CERTIFICATES OF OBLIGATION, SERIES 1991; PROVIDING FOR THE
LEVY, ASSESSMENT AND COLLECTION OF A TAX SUFFICIENT TO PAY
THE INTEREST ON SAID CERTIFICATES OF OBLIGATION AND TO
CREATE• A SINKING FUND FOR THE REDEMPTION THEREOF AT
MATURITY; PLEDGING CERTAIN SURPLUS REVENUES IN SUPPORT OF
SAID CERTIFICATES;, PRESCRIBING THE FORM OF SAID
CERTIFICATES OF OBLIGATION; AND ORDAINING OTHER MATTERS
RELATING TO THE SUBJECT
WHEREAS, on the 8th day of October, 1991, the City Council of the City of
Fort Worth (the "City" or the "Issuer"), passed an ordinance authorizing and
directing notice of its intention to issue the Certificates of Obligation herein
authorized to be issued, to be published in a newspaper as required by Section
271.049 of the Texas Local Government Code; and
WHEREAS, said notice was published in the Fort Worth Star -Telegram, as
required by said Section 271.049 of the Texas Local Government Code on October
11, 1991 and October 18, 1991; and
WHEREAS, no petition, signed by 5% of the qualified electors of said City
as permitted by said Section 271.049 of the Texas Local Government Code
protesting the issuance of such Certificates of Obligation, has been filed; and
WHEREAS, the Certificates of Obligation hereinafter authorized are to be
issued and delivered pursuant to Subchapter C of Chapter 271 of the Texas Local
Government Code;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
Section 1. AUTHORIZATION OF CERTIFICATES OF OBLIGATION.
That said City's Certificates of Obligation, to be designated the "City of Fort
Worth, Texas Combination Tax and Revenue Certificates of Obligation, Series
199111, are hereby authorized',to be issued and delivered in the principal amount
of $13,425,000.00 for the purpose of providing part of the funds for paying
Minutes of City Council T-3 Page 31
3,Z
Tuesday, November 12, 1991
contractual obligations to be incurred for the construction of a City central
Ordinance No. dispatch facility, the acquisition of equipment, including, but not limited to,
10950 cont. a city-wide two-way radio communications system, related to the operation of
said dispatch facility, and the payment of the engineering, legal and fiscal
services related thereto.
Section 2. DATE, DENOMINATIONS, NUMBERS AND MATURITIES.
That said Certificates of Obligation shall initially be issued, sold and
delivered hereunder as fully registered certificates, without interest coupons,
dated November 1, 1991, in the respective denominations and principal amounts
hereinafter stated, numbered consecutively from R-1 upward, payable to the
respective initial registered owners thereof, or to the registered assignee or
assignees of said certificates or any portion or portions thereof (in each case,
the ,','Regi 'Registered Owner") ,•,and.. sai d Certificates of Obligation shall mature and
be payable on June 1 in each of the years and in the principal amounts as
follows:
The term "Certificates" as used in this Ordinance shall mean and include
collectively the Certificates of Obligation initially issued and delivered
pursuant to this Ordinance and all substitute Certificates of Obligation
exchanged therefor, as well as all other substitute Certificates of Obligation
and replacement Certificates of Obligation issued pursuant hereto, and the term
"Certificate" shall mean any of the Certificates.
Section 3. REDEMPTION. (a) That the City reserves the right to redeem
the Certificates of Obligation maturing on and after June 1, 2000, in whole or
. ; , i n . part, on, June 1, 1999,., arid, on any date thereafter, for the principal amount
thereof plus accrued interest to,the date fixed for redemption. The years of
maturity of the Certificates called for redemption at the option of the City
prior to stated maturity shall be selected by the City. The Certificates or
portions thereof redeemed within a maturity shall be selected by lot or other
method by the Paying Agent/Registrar (hereinafter. defined).
(b) At least 30 days prior to the date fixed for any such redemption, the
City shall cause (i) a written notice of such redemption to be deposited in the
United States mail, postage prepaid, addressed to each registered owner at his
address shown on the Registration Books (hereinafter defined) of the Paying
Agent/Registrar and (ii) notice of such redemption to be published one (l) -time
in a financial journal or publication of general circulation in the United
States of America carrying as a regular feature notices of municipal bonds
called for redemption; provided, however, that the failure to send, mail, or
receive such notice described in (i) above, or any defect therein or in the
sending or mailing thereof, shall not affect the validity or effectiveness of
the proceedings for the redemption of any Certificate, and it is hereby
specifically provided that the publication of notice described in (ii) above
shall be the only notice actually required in connection with or as a
prerequisite to the redemption of any Certificates. By the date fixed for any
such redemption, due provision shall be made with the Paying Agent/Registrar for
the payment of the required redemption price for the Certificates or the
portions thereof which are to be so redeemed, plus accrued interest thereon to
the date fixed for redemption. If the notice of redemption is given, and if due
provision for such payment is made, all as provided above, the Certificates 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 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.
Section 4. INTEREST. The Certificates scheduled to mature during the
years, respectively, set forth below shall beat -.'interest at the following rates
per annum:
maturities 1993, 5.60%
maturities 1994, 5.60%
maturities 1995, 5.60%
maturities 1996, 5.60%
maturities 1997, 5.60%
maturities 1998, 5.60%
maturities 1999, 5.60%
maturities 2000, 5.625%
maturities 2001, 5.75%
maturities 2002, 5.75%
Minutes of City Council T-3 Page 32
PRINCIPAL
YEAR
AMOUNT
1993
$1,150,000
1994
1,090,000
1995
1,145,000
1996
1,205,000
1997
1,275,000
1998
1,345,000 i ' .- • t
1999
1,425,000
2000
1,505,000
2001
1,595,000
2002
1,690,000
The term "Certificates" as used in this Ordinance shall mean and include
collectively the Certificates of Obligation initially issued and delivered
pursuant to this Ordinance and all substitute Certificates of Obligation
exchanged therefor, as well as all other substitute Certificates of Obligation
and replacement Certificates of Obligation issued pursuant hereto, and the term
"Certificate" shall mean any of the Certificates.
Section 3. REDEMPTION. (a) That the City reserves the right to redeem
the Certificates of Obligation maturing on and after June 1, 2000, in whole or
. ; , i n . part, on, June 1, 1999,., arid, on any date thereafter, for the principal amount
thereof plus accrued interest to,the date fixed for redemption. The years of
maturity of the Certificates called for redemption at the option of the City
prior to stated maturity shall be selected by the City. The Certificates or
portions thereof redeemed within a maturity shall be selected by lot or other
method by the Paying Agent/Registrar (hereinafter. defined).
(b) At least 30 days prior to the date fixed for any such redemption, the
City shall cause (i) a written notice of such redemption to be deposited in the
United States mail, postage prepaid, addressed to each registered owner at his
address shown on the Registration Books (hereinafter defined) of the Paying
Agent/Registrar and (ii) notice of such redemption to be published one (l) -time
in a financial journal or publication of general circulation in the United
States of America carrying as a regular feature notices of municipal bonds
called for redemption; provided, however, that the failure to send, mail, or
receive such notice described in (i) above, or any defect therein or in the
sending or mailing thereof, shall not affect the validity or effectiveness of
the proceedings for the redemption of any Certificate, and it is hereby
specifically provided that the publication of notice described in (ii) above
shall be the only notice actually required in connection with or as a
prerequisite to the redemption of any Certificates. By the date fixed for any
such redemption, due provision shall be made with the Paying Agent/Registrar for
the payment of the required redemption price for the Certificates or the
portions thereof which are to be so redeemed, plus accrued interest thereon to
the date fixed for redemption. If the notice of redemption is given, and if due
provision for such payment is made, all as provided above, the Certificates 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 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.
Section 4. INTEREST. The Certificates scheduled to mature during the
years, respectively, set forth below shall beat -.'interest at the following rates
per annum:
maturities 1993, 5.60%
maturities 1994, 5.60%
maturities 1995, 5.60%
maturities 1996, 5.60%
maturities 1997, 5.60%
maturities 1998, 5.60%
maturities 1999, 5.60%
maturities 2000, 5.625%
maturities 2001, 5.75%
maturities 2002, 5.75%
Minutes of City Council T-3 Page 32
33
Tuesday, November 12, 1991
Said interest shall be payable to the registered owner of any such Certificate
Ordinance N o. in the manner provided and on the dates stated in the FORM OF CERTIFICATE set
10950 cont. 11 forth in this Ordinance.
Section 5. CHARACTERISTICS OF THE CERTIFICATES.
(a) The Issuer shall keep or cause to be kept at the principal corporate trust
office of Ameritrust Texas National Association, or such other bank, trust
company, financial institution, or other agency named in accordance with the
provisions of (g) below (the "Paying Agent/Registrar") books or records for the
registration and transfer of the Certificates (the "Registration Books"), and
the Issuer 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 regulations as the Issuer 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 of the registered owner of each Certificate to
which payments with respect to the Certificates shall be mailed, as herein
provided. The Issuer 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 Certificate 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 of such Certificate, 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 such Certificate or any such portion
thereof registered in the name of such assignee or assignees. Upon the
assignment and transfer of any Certificate or any portion thereof, a new
substitute certificate or certificates shall be issued in exchange therefor in
the manner herein provided.
(b) The entity in whose name any Certificate 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 certificate 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 certificate shall be made only to such
registered owner. All such payments shall be valid and effectual to satisfy and
discharge the liability upon such certificate 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 Certificates,
and to act as its agent to exchange or replace Certificates, 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
Certificates, and of all exchanges thereof, and all replacements thereof, as
provided in this Ordinance.
(d) Each Certificate may be exchanged for fully registered certificates
in the manner set forth herein. Each Certificate issued and delivered pursuant
to this Ordinance, to the extent of the unredeemed principal amount thereof,
may, upon surrender thereof 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 certificates, without interest coupons, in the form prescribed in the
FORM OF CERTIFICATE 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 certificate 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 unredeemed principal
amount of any Certificate or Certificates so surrendered, and payable to the
appropriate registered owner, assignee, or assignees, as the case may be. If
a portion of any Certificate shall be redeemed prior to its scheduled maturity
as provided herein, a substitute certificate or certificates having the same
maturity date, bearing interest at the same rate, in the denomination or
denominations of any integral multiple 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 Certificate or portion thereof is assigned and
transferred, each certificate issued in exchange therefor shall have the same
principal maturity date and bear interest at the same rate as the certificate
for which it is being exchanged. Each substitute certificate shall bear a
letter and/or number to distinguish it from each other certificate. The Paying
Agent/Registrar shall exchange or replace Certificates as provided herein, and
each fully registered certificate or certificates delivered in exchange for or
replacement of any Certificate or portion thereof as permitted or required by
any provision of this Ordinance shall constitute one of the Certificates for all
purposes of this Ordinance, and may again be exchanged or replaced. It is
specifically provided, however, that any Certificate delivered in exchange for
Minutes of City Council T-3 Page 33
W
Ordinance No.
10950 cont.
Tuesday, November 12, 1991
or replacement of another Certificate prior to the first scheduled interest
payment date on the Certificates (as stated on the face thereof) shall be dated
the same date as such Certificate, but each substitute certificate so delivered
on or after such first scheduled interest payment date shall be dated as of the
interest payment date preceding the date on which such substitute certificate
is delivered, unless such substitute certificate 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 certificate
the interest on the certificate for which it is being exchanged has not been
paid, then such substitute certificate shall be dated as of the date to which
such interest has been paid in full. On each substitute certificate issued in
exchange for or replacement of any Certificate or Certificates issued under this
Ordinance there shall be printed thereon a, Paying Agent/Registrar's
Authentication Certificate, in the form hereinafter set forth in the FORM OF
CERTIFICATE set forth in this Ordinance. An authorized representative of the
Paying Agent/Registrar shall, before the delivery, of any such substitute
certificate, date such substitute certificate in the manner set forth above, and
manually sign and date such Authentication Certificate, and no such substitute
certificate shall be deemed to be issued or outstanding unless such
Authentication Certificate is so executed. The Paying Agent/Registrar promptly
shall cancel all Certificates 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 Certificates or portion thereof, and the Paying
Agent/Registrar shall provide for the printing, execution, and delivery of the
substitute certificates in the manner prescribed herein, and said certificates
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 Certificates as aforesaid is hereby imposed upon the Paying
Agent/Registrar, and, upon the execution of said Paying Agent/Registrar's
Authentication Certificate, the exchanged or replaced certificate shall be
valid, incontestable, and enforceable in -the same manner and with the same
effect as the Certificates 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 certificate during a period
beginning at the opening of business 30 days before the day of the first mailing
of a notice of redemption of certificates and ending at the close of business
on the day of such mailing, or (2) to transfer or exchange any certificate so
selected for redemption in whole when such redemption is scheduled to occur
within 30 calendar days.
(e) All Certificates issued in exchange or replacement of any other
Certificate or portion thereof, (i) shall be issued in fully registered form,
without interest coupons, with the principal of and interest on such
Certificates 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 Certificates, (v) shall have the
characteristics, (vi) shall be signed and sealed, and (vii) the principal of and
interest on the Certificates shall be payable, all as provided, and in the
manner required or indicated, in the FORM OF CERTIFICATE set forth in this
Ordinance.
(f) The City shall pay the Paying Agent/Registrar's reasonable and
customary fees and charges for making transfers of Certificates, but the
registered owner of any Certificates requesting such transfer shall pay any
taxes or other governmental charges required to be paid with respect thereto.
The registered owner of any Certificates requesting any exchange shall pay the
Paying Agent/Registrar's reasonable and standard or customary fees and charges
for exchanging any such certificate or portion thereof, together with any taxes
or governmental 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
certificate or certificates or any portion or portions thereof in any integral
multiple of $5,000, and in the case of the exchange of the unredeemed portion
of a Certificate 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 Certificates 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 Certificates, when due, and (ii) pay the fees and
charges of the Paying Agent/Registrar for services with respect to the transfer
or registration of Certificates solely to the extent above provided, and with
respect to the exchange of Certificates solely to the extent above provided.
(g) The City covenants with the registered owners of the Certificates that
at all times while the Certificates are outstanding the City will provide a
competent and legally qualified bank, trust company, financial institution, or
other agency to act as and perform the services of Paying Agent/Registrar for
the Certificates 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
Minutes of City Council T-3 Page 34
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Tuesday, November 12, 1991
under the laws of the United States of America or of any state, authorized under
Ordinance N o. such laws to exercise trust powers, subject to supervision or examination by
10950 cont. federal or state authority, and whose qualifications 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 Certificates, 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 Certificates, 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.
(h) Notice of Redemption. (i) In addition to the manner of providing
notice of redemption of the Certificates set forth in this Ordinance, the Paying
Agent/Registrar shall give notice of prepayment or redemption of Certificates
by mail, first-class postage prepaid at least thirty (30) days prior to a
redemption date to each registered securities depository and to any national
information service that disseminates redemption notices. In addition, in the
event of a redemption caused by an advance refunding of the Certificates, the
Paying Agent/Registrar shall send a second notice of redemption to the persons
specified in the immediately preceding sentence at least thirty (30) days but
not more than ninety (90) days prior to the actual redemption date. Any notice
sent to the registered securities depositories or such national information
services shall be sent so that they are received at least two (2) days prior to
the general mailing or publication date of such notice. The Paying
Agent/Registrar shall also send a notice of prepayment or redemption to the
registered owner of any Certificate who has not sent the Certificates in for
redemption sixty (60) days after the redemption date. The failure to send, mail
or receive any such notice described in this clause (i), or any defect therein
or in the sending or mailing thereof, shall not affect the validity or
effectiveness of the proceedings for the redemption of any Certificate.
(ii) Each redemption notice, whether required in the FORM OF CERTIFICATES
or otherwise by this Ordinance, shall contain a description of the Certificates
to be redeemed including the complete name of the Certificates, the Series, the
date of issue, the interest rate, the maturity date, the CUSIP number, if any,
the certificate numbers, the amounts called of each certificate, the publication
and mailing date for the notice, the date of redemption, the redemption price,
the name of the Paying Agent/Registrar and the address at which the Certificates
may be redeemed including a contact person and telephone number.
(iii) All redemption payments made by the Paying Agent/Registrar to the
registered owners of the Certificates shall include a CUSIP number relating to
each amount paid to such registered owner.
Section 6. FORM OF CERTIFICATES. The form of the Certificates, including
the form of Paying Agent/Registrar's Authentication Certificate, the form of
Assignment and the form of Registration Certificate of the Comptroller of Public
Accounts of the State of Texas to be attached to the Certificates initially
issued and delivered pursuant to this Ordinance, shall be, respectively,
substantially as follows, with such appropriate variations, omissions, or
insertions as are permitted or required by this Ordinance.
FORM OF CERTIFICATE
NO. $
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF TARRANT AND DENTON
CITY OF FORT WORTH, TEXAS
COMBINATION TAX AND REVENUE CERTIFICATE OF OBLIGATION
SERIES 1991
MATURITY DATE INTEREST RATE ORIGINAL ISSUE DATE CUSIP
% November 1, 1991
ON THE MATURITY DATE SPECIFIED ABOVE, THE CITY OF FORT WORTH, TEXAS (the
"Issuer"), being a political subdivision of the State of Texas, hereby
promises to pay to
or to the registered assignee hereof either being hereinafter called the
"registered owner") the principal amount of
DOLLARS
and to pay interest thereon, from the Original Issue Date specified above, to
the Maturity Date specified above, or the date of redemption prior to matur-
ity, at the interest rate per annum specified above, with said interest
payable on June 1, 1993, and semiannually on each December 1 and June 1
thereafter; except that if this Certificate is required to be authenticated
and the date of its authentication is later than June 1, 1993, such interest
is payable semiannually on each December 1 and June 1 following such date.
Minutes of City Council T-3 Page 35
36
Tuesday, November 12, 1991
THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful
Ordinance No. money of the United States of America, without exchange or collection
10950 cont. charges. The principal of this Certificate shall be paid to the registered
owner hereof upon presentation and surrender of this Certificate at maturity
or redemption prior to maturity at the principal corporate trust office of
Ameritrust Texas National Association, in Dallas, Texas, which is the "Paying
Agent/Registrar" for this Certificate. The payment of interest on this
Certificate shall be made by the Paying Agent/Registrar to the registered
owner hereof on each interest payment date by check, dated as of such
interest payment date, drawn by the Paying Agent/Registrar on, and payable
solely from, funds of the Issuer required by the ordinance authorizing the
issuance of this Certificate (the "Certificate Ordinance") 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,
first-class postage prepaid, on each such interest payment date, to the
registered owner hereof, at its address as it appeared on the fifteenth day
of the month preceding each such date (the "Record Date") on the Registration
Books kept by the Paying Agent/Registrar, as hereinafter described. Any
accrued interest due at maturity or upon redemption of this Certificate prior
to maturity as provided herein shall be paid to the registered owner upon
presentation and surrender of this Certificate for redemption and payment at
the principal corporate trust office of the Paying Agent/Registrar. The
Issuer covenants with the registered owner of this Certificate that on or
before each principal payment date, interest payment date, and accrued
interest payment date for this Certificate it will make available to the
Paying Agent/Registrar, from the "Interest and Redemption Fund" created by
the Certificate Ordinance, the amounts required to provide for the payment,
in immediately available funds, of all principal of and interest on the
Certificates, when due.
IN THE EVENT OF NON-PAYMENT of interest on a scheduled payment date, and
for 30 days thereafter, a new record date for such interest payment (a
"Special Record Date") will be established by the Paying Agent/Registrar, if
and when funds for the payment of such interest have been received from the
Issuer. Notice of the Special Record Date and of the scheduled payment date
of the past due interest ("Special Payment Date", which shall be 15 days
after the Special Record Date) shall be sent at least five business days
prior to the Special Record Date by United States mail, first-class postage
prepaid, to the address of each registered owner of a Certificate appearing
on the Registration Books kept by the Paying Agent/Registrar at the close of
business on the last business day next preceding the date of mailing of such
notice.
IF THE DATE for the payment of the principal of or interest on this
Certificate shall be a Saturday, Sunday, a legal holiday, or a day on which
banking institutions in the city where the principal corporate trust office
of 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.
THE TERMS AND PROVISIONS of this Certificate are continued on the reverse
side hereof and shall for all purposes have the same effect as though fully
set forth at this place.
*THIS CERTIFICATE is one of a Series of Certificates dated as of the
Original Issue Date stated above, authorized in accordance with the
Constitution and laws of the State of Texas in the principal amount of
$13,425,000, FOR THE PURPOSE OF PROVIDING PART OF THE FUNDS FOR PAYING
CONTRACTUAL OBLIGATIONS TO BE INCURRED FOR THE CONSTRUCTION OF A CITY CENTRAL
DISPATCH FACILITY, THE ACQUISITION OF EQUIPMENT, INCLUDING, BUT NOT LIMITED
TO, A CITY-WIDE TWO-WAY RADIO COMMUNICATIONS SYSTEM, RELATED TO THE OPERATION
OF SAID DISPATCH FACILITY, AND THE PAYMENT OF THE ENGINEERING, LEGAL AND
FISCAL SERVICES RELATED THERETO.
*ON JUNE 1, 1999, or on any date thereafter, the Certificates maturing
on and after June 1, 2000 are subject to optional redemption by the Issuer,
in whole or in part in principal amounts of $5,000 or any integral multiple
thereof, at the par value thereof plus accrued interest to the date fixed for
redemption. The years of maturity of the Certificates called for redemption
at the option of the Issuer prior to stated maturity shall be selected by the
Issuer. The Certificates or portions thereof redeemed within a maturity
shall be selected by lot or other method by the Paying Agent/Registrar.
*AT LEAST 30 days prior to the date fixed for any such redemption (a) a
written notice of such redemption shall be given to the registered owner of
each Certificate or a portion thereof being called for redemption by
depositing such notice in the United States mail, first-class postage
prepaid, addressed to each such registered owner at his address shown on the
Registration Books of the Paying Agent/Registrar and (b) notice of such
redemption shall be published one (1) time in a financial journal or
publication of general circulation in the United States of America carrying
as a regular feature notices of municipal bonds called for redemption;
provided, however, that the failure to send, mail, or receive such notice
described in (a) above, or any defect therein or in the sending or mailing
Minutes of City Council T-3 Page 36
37
Tuesday, November 12, 1991
thereof, shall not affect the validity or effectiveness of the proceedings
Ordinance No. for the redemption of any Certificate, and the Certificate Ordinance provides
10950 cont. that the publication of notice as described in (b) above shall be the only
notice actually required in connection with or as a prerequisite to the
redemption of any Certificates. 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 Certificate or the
portion hereof which is to be so redeemed, plus accrued interest thereon to
the date fixed for redemption. If such notice of redemption is given, and if
due provision for such payment is made, all as provided above, this
Certificate, 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 Registration Books
all such redemptions of principal of this Certificate or any portion hereof.
If a portion of any Certificate shall be redeemed, a substitute Certificate
or Certificates 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 Certificate Ordinance.
*ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered
certificates, without interest coupons, in the denomination of any integral
multiple of $5,000. As provided in the Certificate Ordinance, this
Certificate, or any unredeemed portion hereof, may, at the request of the
registered owner or the assignee or assignees hereof, be assigned,
transferred, and exchanged for a like aggregate principal amount of fully
registered certificates, 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 Certificate to the Paying Agent/Registrar for
cancellation, all in accordance with the form and procedures set forth in the
Certificate Ordinance. Among other requirements for such assignment and
transfer, this Certificate 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 Certificate or any portion or portions hereof
in any integral multiple of $5,000 to the assignee or assignees in whose name
or names this Certificate or any such portion or portions hereof is or are to
be transferred and registered. The form of Assignment printed or endorsed on
this Certificate 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 Certificate 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 Certificate or portion thereof. The foregoing
notwithstanding, in the case of the exchange of a portion of a Certificate
which has been redeemed prior to maturity, as provided herein, and in the
case of the exchange of an assigned and transferred Certificate or
Certificates 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/Registrar 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 redemp-
tion of certificates and ending at the close of business on the day of such
mailing, or (2) to transfer or exchange any Certificates so selected for
redemption when such redemption is scheduled to occur within 30 calendar
days.
*IN THE EVENT any Paying Agent/Registrar for the Certificates is changed
by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has
covenanted in the Certificate Ordinance that it promptly will appoint a com-
petent and legally qualified substitute therefor, and promptly will cause
written notice thereof to be mailed to the registered owners of the
Certificates.
*IT IS HEREBY certified, recited and covenanted that this Certificate
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
Certificate have been performed, existed, and been done in accordance with
law; that this Certificate is a direct obligation of said Issuer, issued on
the full faith and credit thereof; and that annual ad valorem taxes suffic-
ient to provide for the payment of the interest on and principal of this
Certificate, as such interest comes due and such principal matures, have been
levied and ordered to be levied against all taxable property in said Issuer,
and have been pledged for such payment, within the limit prescribed by law;
and that surplus revenues remaining in the Issuer's Parking System Fund,
Minutes of City Council T-3 Page 37
Tuesday, November 12, 1991
after payment of all operation and maintenance expenses thereof, and all
Ordinance No. other obligations now or hereafter payable therefrom, have been pledged as
10950 cont. 11 additional security for the Certificates.
BY BECOMING the registered owner of this Certificate, the registered
owner thereby acknowledges all of the terms and provisions of the Certificate
Ordinance, agrees to be bound by such terms,and provisions, acknowledges that
the Certificate 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 Certificate and the Certificate Ordinance constitute a
contract between each registered owner hereof and the Issuer.
IN WITNESS WHEREOF, this Certificate
facsimile signature of the Mayor of the
facsimile signature of the Assistant City
and legality with the manual or facsimile
the official seal of the Issuer has been
placed in facsimile, on this Certificate.
has been signed with the manual or
City, attested by the manual or
Secretary, and approved as to form
signature of the City Attorney, and
duly affixed to, or impressed, or
xxxxx xxxxx
Assistant City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
xxxxx
City Attorney
(SEAL)
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Certificate of Obligation has been issued
under the provisions of the proceedings adopted by the City as described in
the text of this Certificate of Obligation; and that this Certificate of
Obligation has been issued in exchange for or replacement of a certificate of
obligation, certificates of obligation, or a portion of a certificate of
obligation or certificates of obligation 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
AMERITRUST TEXAS NATIONAL ASSOCIATION
Paying Agent/Registrar
By
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 Certificate of Obligation and all rights
thereunder, and hereby I irrevocably constitutes
register the transfer of the within Certificate
of Obligation on books kept for registration thereof, with
full power of substitution in the premises.
Minutes of City Council T-3 Page 38
and appoints
attorney to
Ordinance No.
10950 cont.
Tuesday, November 12, 1991
Dated:
Signature Guaranteed:
NOTICE: Signatures must
be guaranteed by a member
firm of the New York Stock
Exchange or a commercial
bank or trust company.
NOTICE: The signature above
must correspond with the name
of the Registered Owner as it
appears upon the front of this
Certificate in every particular
without alteration or enlargement
or any change whatsoever.
**FORM OF COMPTROLLER'S CERTIFICATE ATTACHED TO
THE CERTIFICATES UPON INITIAL DELIVERY THEREOF
OFFICE OF COMPTROLLER:
REGISTER NO.
STATE OF TEXAS:
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 Certificate 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 obligation of the City
of Fort Worth, Texas, payable in the manner provided by and in the ordinance
authorizing same, and said Certificate has this day been registered by me.
WITNESS MY HAND and seal of office at Austin, Texas this
Comptroller of Pub fc Accounts of
(SEAL) the State of Texas
NOTE TO PRINTER:
*9s to be on reverse side of certificate
**I not to be on certificate
Section 7. DEFINITIONS. That the terms "Certificates" and
"Certificates of Obligation" shall mean the City of Fort Worth, Texas
Combination Tax and Revenue Certificates of* Obligation, Series 1991
authorized to be issued and delivered by this Ordinance, and the term "Code"
shall mean the Internal Revenue Code of 1986, and any amendment thereto,
together with applicable regulations promulgated thereunder.
Section 8. INTEREST AND REDEMPTION FUND. That a special fund or
account, to be designated the "City of Fort Worth, Texas Series 1991
Certificate of Obligation Interest and Redemption Fund" is hereby created and
shall be established and maintained by the Issuer at its official depository.
Said Interest and Redemption Fund shall be kept separate and apart from all
other funds and accounts of said Issuer, and shall be used only for paying
the interest on and principal of said Certificates. All ad valorem taxes
levied and collected for and on account of said Certificates shall be
deposited, as collected, to the credit of said Interest and Redemption Fund.
During each year while any of said Certificates are outstanding and unpaid,
the governing body of said Issuer shall compute and ascertain the rate and
amount of ad valorem tax, based on the latest approved tax rolls of said
Issuer, with full allowances being made for tax delinquencies and the cost of
tax collections, which will be sufficient to raise and produce the money
required to pay the interest on said Certificates as such interest comes due,
and to provide a sinking fund to pay the principal of said Certificates as
such principal matures, but never less than 2% of the original amount of said
Certificates as a sinking fund each year. Said rate and amount of ad
valorem tax is hereby ordered to be levied against all taxable property in
said Issuer for each year while any of said Certificates are outstanding and
unpaid, and said ad valorem tax shall be assessed and collected each such
year and deposited to the credit of the aforesaid Interest and Redemption
Fund. Said ad valorem taxes necessary to pay the interest on and principal
of said Certificates, as such interest comes due and such principal matures,
are hereby pledged for such payment, within the limit prescribed by law.
Section 9. REVENUES. That the Certificates of Obligation are additionally
secured by and shall be payable from the revenues remaining in the Issuer's
Parking System Fund after payment of all maintenance and operation expenses
thereof, and all other obligations now or hereafter payable therefrom,
constituting "Surplus Revenues". The pledge of such "Surplus Revenues" is
made in accordance with the provisions of Subchapter C, Chapter 271, Texas
Local Government Code and Article 1269]-4.1, Texas Revised Civil Statutes, as
amended. The Issuer shall deposit such Surplus Revenues to the credit of the
Interest and Redemption Fund created pursuant to Section 8, to the extent
necessary, after deposits of ad valorem taxes have been made to the credit of
Minutes of City Council T-3 Page 39
�9
Tuesday, November 12, 1991
the Interest and Redemption Fund, to pay the principal and interest on the
Ordinance No. Certificates of Obligation. Notwithstanding the requirements of Section 8,
10950 cont. if Surplus Revenues are actually on deposit or budgeted for deposit in the
Interest and Sinking Fund in advance of the time when ad valorem taxes are
scheduled to be levied for any year, then the amount of taxes which otherwise
would have been required to be levied pursuant to Section 8 may be reduced to
the extent and by the amount of the Surplus Revenues then on deposit in the
Interest and Sinking Fund or budgeted for deposit herein.
Section 10. TRANSFER. That the City shall do any and all things necessary
to accomplish the transfer of monies to the Interest and Redemption Fund of
this issue in ample time to pay such items of principal and interest.
Section 11. SECURITY FOR FUNDS. That the Interest and Redemption Fund
created by this Ordinance shall be secured in the manner and to the fullest
extent permitted or required by law for the security of public funds, and
such Fund shall be used only for the purposes and in the manner permitted or
required by this Ordinance.
Section 12. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED
CERTIFICATES. (a) Replacement- Certificates. That in the event any
outstanding Certificate is damaged, mutilated, lost, stolen, or destroyed,
the Paying Agent/Registrar shall cause to be printed, executed, and
delivered, a new certificate of the same principal amount, maturity, and
interest rate, as the damaged, mutilated, lost, stolen, or destroyed
Certificate, in replacement' for such Certificate in the manner hereinafter
provided.
(b) Application for Replacement Certificates. That application for
replacement of damaged, mutilated, lost, stolen, or destroyed Certificates
shall be made by the registered owner thereof to the Paying Agent/Registrar.
In every case of loss, theft, or destruction of a Certificate, the registered
owner applying for a replacement certificate shall furnish to the City and to
the Paying Agent/Registrar such security or indemnity as may be required by
them to save each of them harmless from any loss or damage with respect
thereto. Also, in every case of loss, theft, or destruction of a
Certificate, the registered owner shall furnish to the City and to the Paying
Agent/Registrar evidence to their satisfaction of the loss, theft, or
destruction of such Certificate, as the case may be. In every case of damage
or mutilation of a Certificate, the registered owner shall surrender to the
Paying Agent/Registrar for cancellation the Certificate so damaged or
mutilated.
(c) No Default Occurred. That notwithstanding the foregoing provisions
of this Section, in the event any such Certificate 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 Certificate, the City may
authorize the payment of the same (without surrender thereof except in the
case of a damaged or mutilated Certificate) instead of issuing a replacement
certificate, provided security or indemnity is furnished as above provided in
this Section.
(d) Char a for Issuing Replacement Certificates. That prior to the
issuance of. any replacement certificate, the Paying Agent/Registrar shall
charge the registered owner of such Certificate with all legal, printing, and
other expenses in connection therewith. Every replacement certificate issued
pursuant to the provisions of this Section by virtue of the fact that any
Certificate is lost, stolen, or destroyed shall constitute a contractual
obligation of the City whether or not the lost, stolen, or destroyed
Certificate 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 Certificates duly issued under this
Ordinance.
(e) Authority for Issuing Replacement Certificates. That in accordance
with Section 6 of Vernons Ann. Tex. Civ. St..Art. 717k-6, this Section of
this Ordinance shall constitute authority for the issuance of any such
replacement certificate without necessity of further action by the City or
any other body or person, and the duty of the replacement of such
certificates is hereby authorized and imposed upon the Paying
Agent/Registrar, and the Paying Agent/Registrar shall authenticate and
deliver such Certificates in the form and manner and with the effect, as
provided in Section 5(a) of this Ordinance for Certificates issued in
conversion and exchange of other Certificates.
Section 13. COVENANTS WITH RESPECT TO EXCLUSION FROM GROSS INCOME OF
INTEREST ON THE CERTIFICATES. The Issuer covenants to take any action to
assure, or refrain from any action which would adversely affect, the
treatment of the Certificates 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 Certificates (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, ' i f more than 10 percent of the proceeds are so
used, that amounts, whether or not received by the Issuer, with respect to
Minutes of City Council T-3 Page 40
41
Tuesday, November 12, 1991
such private business use, do not, under the terms of this Ordinance or any
Ordinance No. underlying arrangement, directly or indirectly, secure or provide for the
10950 cont. payment of more than 10 percent of the debt service on the Certificates, 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 Certificates (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
Certificates (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 Certificates 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
Certificates 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
Certificates, 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 Certificates, other than investment
property acquired with --
(1) proceeds of the Certificates invested for a
reasonable temporary period of 3 years or less until such proceeds
are needed for the purpose for which the bonds 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
(3) amounts deposited in any reasonably required reserve
or replacement fund to the extent such amounts do not exceed 10
percent of the proceeds of the Certificates;
(g) to otherwise restrict the use of the proceeds of the
Certificates or amounts treated as proceeds of the Certificates, as may be
necessary, so that the Certificates 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
Certificates) 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 Certificates
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 Certificates.
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 Certificates, 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 -rec-
ognized bond counsel, will not adversely affect the exemption from federal
income taxation of interest on the Certificates 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
Certificates, 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
Certificates under section 103 of the Code. In furtherance of such
intention, the City hereby authorizes and directs the Mayor, the City Manager
and the Director of Fiscal Services to execute any documents, certificates or
reports required by the Code, and to make such elections on behalf of the
City which may be permitted by the Code, as are consistent with the purpose
for the issuance of the Certificates.
Minutes of City Council T-3 Page 41
Tuesday, November 12, 1991
In order to facilitate compliance with the above covenants (g), (h), and
Ordinance No. (i), a "Rebate Fund" is hereby established by the City for the sole benefit
10950 cont. of the United States of America, and such Fund shall not be subject to the
claim of any other person, including without limitation the registered owners
of the Certificates.. The Rebate Fund is established for the additional
purpose of compliance with section 148 of the Code.
Section 14. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES. That
the Mayor of the City is' hereby authorized to have control of the
Certificates initially issued and delivered hereunder and all necessary
records and proceedings pertaining to the Certificates 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 Certificates said
Comptroller- of Public Accounts.(or a deputy designated in writing to act for
said Comptroller) shall manually sign the Comptroller's Registration
Certificate attached to such Certificates, and the seal of said Comptroller
shall be impressed, or placed in facsimile, on such Certificate.
Section 15. DTC REGISTRATION.The Certificates of Obligation initially
shall be issued and delivered in such manner that no physical distribution of
the Certificates of Obligation will be made to the public, and The Depository
Trust Company ("DTC"), New York, New York, initially will act as depository
for the Certificates of Obligation.' DTC has represented that it is a limited
purpose trust company incorporated under the laws of the State of New York, a
member of the Federal Reserve System, a "clearing corporation" within the
meaning of the New York Uniform Commercial Code, and a "clearing agency"
registered under Section 17A of the Securities Exchange Act of 1934, as
amended, and the City accepts, but in no way verifies, such representations.
The Certificates of Obligation initially authorized by this Ordinance shall
be delivered to and registered in the name of CEDE & CO., the nominee of DTC.
It is expected that DTC will hold the Certificates of Obligation on behalf of
the Purchaser (as defined in Section 17 of this Ordinance) and its
participants. So long as each Certificate of Obligation is registered in the
name of CEDE & CO., the Paying Agent/Registrar shall treat and deal with DTC
the same in all respects as if it were the actual and beneficial owner
thereof. It is expected that DTC will maintain a book -entry system which
will identify ownership of the Certificates of Obligation in integral amounts
of $5,000, with transfers of ownership being effected on the records of DTC
and its participants pursuant to rules and regulations established by them,
and that the Certificates of Obligation initially deposited with DTC shall be
immobilized and not be further exchanged for substitute Certificates of
Obligation except as hereinafter provided. The City is not responsible or
liable for any functions of DTC, will not be responsible for paying any fees
or charges with respect to its services, will not be responsible or liable
for maintaining, supervising, or reviewing the records of DTC or its
participants, or protecting any interests or rights of the beneficial owners
of the Certificates of Obligation. It shall be the duty of the DTC
Participants, as defined in the Official Statement herein approved, to make
all arrangements with DTC to establish this book -entry system, the beneficial
ownership of the Certificates of Obligation, and the method of paying the
fees and charges of DTC. The City does not represent, nor does it in any way
covenant that the initial book -entry system established with DTC will be
maintained in the future. Notwithstanding the initial establishment of the
foregoing book -entry system with DTC, if for any reason any of the originally
delivered Certificates of Obligation is duly filed with the Paying
Agent/Registrar with proper request for transfer and substitution, as
provided for in this Ordinance, substitute Certificates of Obligation will be
duly delivered as provided in this Ordinance, and there will be no assurance
or representation that any book -entry system will be maintained for such
Certificates of Obligation. To effect the establishment of the foregoing
book -entry system, the Mayor or the City Manager are hereby authorized to
execute the "DTC Letter of Representation" in the form provided by DTC to
evidence the City's intent to establish said book -entry system.
Section 16. PREAMBLE. That the findings set forth in the preamble to this
Ordinance are hereby incorporated into the body of this Ordinance and made a
part hereof for all purposes.
Section 17. SALE. The Certificates of Obligation are hereby sold and
shall be delivered to Merril Lynch and Co. (the "Purchaser"), for a price of
par and accrued interest thereon to the date of delivery, less a discount of
$67,125,000.00. The Official Notice of Sale, Official Bid Form, and Official
Statement, prepared and distributed in connection with the sale of the
Certificates of Obligation, in substantially the form attached hereto, are
hereby approved by the City Council, and their use in the offer and sale of
the Certificates of Obligation is hereby approved.
M&C P-5318 re There was presented Mayor and Council Communication No. P-5318 from the City
agreement with Manager stating that the City Council authorized a purchase agreement with Armored
Armored Transport Transport of Texas, Inc., to provide armored car service to the City of Fort Worth for
of Texas one-year with options to renew for two additional one-year periods; that various
departments will use this armored car service to pick up cash receipts and transport to
the bank or the City of Fort Worth Central Depository; that the participating departments
expended approximately $23,389.00 to this agreement during the past year; that the
Director of Fiscal Services certifies that funds required for this anticipated
expenditure during the 1991-92 fiscal year are available in the Treasury, as
appropriated, and the funds required for the 1992-93 fiscal year will be included in the
Minutes of City Council T-3 Page 42
43
Tuesday, November 12, 1991
2. The agreement to begin December 19, 1991, and end December 18,
1992,
proposed budget; and recommending that the City Council exercise its option to renew a
periods.
M&C P-5318 cont.
purchase agreement with Armored Transport of Texas, Inc., to provide armored car service
be adopted.
M&C P-5323 re
at last years price for various City departments, with term of agreement to begin
P-5323 from the
City Manager
purchase from
November 30, 1991, and end November 29, 1992, with the option to renew for one additional
Disposal System
for the Fire
N abco, Inc.
year. It was the consensus of the City Council that the recommendations be adopted.
required
M & C P-5319 re
There was presented Mayor and Council Communication No. P-5319 from the City
of
agreement with
Manager submitting a tabulation of bids received for a one-year purchase agreement to
sole source
Stuart Hose and
provide hoses and fittings for all City departments; stating that the Director of Fiscal
from Nabco,
Pipe company, Inc.
Services certifies that funds required for the anticipated expenditures of each
total amount
not to exceed $76,400.00 net, f.o.b. Fort Worth. It was
department eligible to participate in this agreement are available in the treasury to the
of the City
Council that the recommendation be adopted.
credit of the appropriate funds; and recommending that the purchase agreement be
authorized with Stuart Hose and Pipe Company, Inc., to provide hoses and fittings for all
City departments on overall low bid of unit prices, for a total amount not to exceed
$70,000.00 net, f.o.b. Fort Worth, with term of agreement to begin November 4, 1991, and
end November 3, 1992, with option to renew for one year. It was the consensus of the
City Council that the recommendations be adopted.
M & C P-5320 re There was presented Mayor and Council Communication No. P-5320 from the City
agreement with Manager stating that the City Services Department will use this agreement to dispose of
McCauley Tire tires that are not reusable or recappable after removal from City fleet vehicles; that
Company the annual estimated number of scrap tires is 4,500; however, the specifications clearly
state that this figure is an estimate only and the City of Fort Worth does not guarantee
any specific quantities; that the vendor will make payment at the time scrap tires are
removed for disposal; that the Equipment Services Division of the City Services
Department is responsible for collection of funds due the City under this agreement; and
recommending that the City Council authorize the confirmation of the interim agreement
with McCauley Tire Company covering .the period of October 23, 1991, through November 5,
1991, in order to allow uninterrupted service for tire disposal; and authorize a one-year
agreement for the sale of scrap tires for the City Services Department to McCauley Tire
Company at its price of $1.00 per tire, with term of agreement to begin November 6, 1991,
and end November 5, 1992, with the option to renew for one additional year. It was the
consensus of the City Council that the recommendation be adopted.
M&C P-5321 re There was presented Mayor and Council Communication No. P-5321 from the City
purchase from Manager submitting a tabulation of bids received for the purchase of parts and labor for
Darr Equipment equipment repair for the City Services Department; stating that the Director of Fiscal
Company Services certifies that funds required for this purchase are available in the Equipment
Services Operating Fund; and recommending that the City Council authorize the purchase of
parts and labor for equipment repair from Darr Equipment. Company for the City Services
Department for an amount not to exceed $5,400.00 net, f.o.b. Fort Worth. It was the
consensus of the City Council that the recommendation be adopted.
M&C P-5322 reThere was presented Mayor and Council Communication No. P-5322 from the City
Manager submitting a quotation received for a purchase agreement to provide original
purchase with equipment manufacturer's Detroit diesel parts and engines for the City Services
Industrial Power Department; stating that the Director of Fiscal Services certifies that funds required
and Transmission, for this agreement are available in the Equipment Services Operating Fund; and
Inc. recommending that the City Council authorize:1.
1. A purchase agreement with Industrial Power and Transmission, Inc., to
provide original equipment manufacturer's (O.E.M.) Detroit diesel parts
and engines, not to exceed $125,000.00, at manufacturer's suggested fleet
price less percent (%) discount, which includes all listed and
unspecified items as follows:
A. Detroit OEM parts, fleet pricess less 5%
B. New Detroit engines, fleet price less 0%
C. Rebuilt engines, fleet price less 5%
M&C, P-5324 re There was presented Mayor and Council Communication No. P-5324 from the City Manage
purchase from stating that a microtox toxicity test system will be used by the Environmental Healt
Microbics Corpora- Services Division of the Health Department to evaluate toxicity in the Fort Worth stor
tion drain system during dry weather and also during rain storms; that Microbics Corporatio
is the manufacturer and only source of supply for this specified test equipment; that th
Director of Fiscal Services certifies that' funds required for this expenditure ar
available in the current capital budget as appropriated of the Grant Fund; an
recommending that the City Council authorize the sole purchase of a microtox toxicit
test system and accessories from Microbics Corporation on its bid of $19,936.00 plu
transportation of $321.90, for a total amount not to exceed $20,257.90 net, f.o.b. For
Worth. It was the consensus of the City Council that the recommendation be adopted.
Minutes of City Council T-3 Page 43
2. The agreement to begin December 19, 1991, and end December 18,
1992,
with options to renew for two additional one-year
periods.
M&C P-5321 adopted
It was the consensus of the City Council that the recommendations
be adopted.
M&C P-5323 re
There was presented Mayor and Council Communication No.
P-5323 from the
City Manager
purchase from
submitting a quotation received for a Total Containment Bomb
Disposal System
for the Fire
N abco, Inc.
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 General Fund; and recommending that the City Council
authorize the
sole source
purchase of a Total Containment Bomb Disposal System for the
Fire Department
from Nabco,
Inc., on its quotation of $75,000.00 plus transportation of
$1,400.00 for a
total amount
not to exceed $76,400.00 net, f.o.b. Fort Worth. It was
the consensus
of the City
Council that the recommendation be adopted.
M&C, P-5324 re There was presented Mayor and Council Communication No. P-5324 from the City Manage
purchase from stating that a microtox toxicity test system will be used by the Environmental Healt
Microbics Corpora- Services Division of the Health Department to evaluate toxicity in the Fort Worth stor
tion drain system during dry weather and also during rain storms; that Microbics Corporatio
is the manufacturer and only source of supply for this specified test equipment; that th
Director of Fiscal Services certifies that' funds required for this expenditure ar
available in the current capital budget as appropriated of the Grant Fund; an
recommending that the City Council authorize the sole purchase of a microtox toxicit
test system and accessories from Microbics Corporation on its bid of $19,936.00 plu
transportation of $321.90, for a total amount not to exceed $20,257.90 net, f.o.b. For
Worth. It was the consensus of the City Council that the recommendation be adopted.
Minutes of City Council T-3 Page 43
Tuesday, November 12, 1991
M&C P-5325 re There was presented Mayor and Council Communication No. P-5325 from the City
purchase from Manager, as follows:
various vendors
SUBJECT: LIBRARY MATERIALS PURCHASES IN EXCESS OF•$5,000.00 WITH A SINGLE
VENDOR
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to spend
in excess of $5,000.00 with each of the vendors of library material s listed
below.
DISCUSSION:
Based on experience the library expects to spend more than $5,000.00 with
each vendor listed. The total to be spent with each one cannot be predicted
due to fluctuating material needs and availability throughout the year. The
maximum cumulative total amount to be spent with all the vendors listed below
will not exceed $450,000.00 without further permission from the Council.
Texas Local Government Code, Chapter 252, Section 252.022, excludes these
purchases from competitive bidding and competitive proposal requirements.
Each vendor holds copyrights or exclusive distribution rights to the
materials it sells to the City.
Aims Media G.K. Hall & Co.
Ambrose Media H.W. Wilson Co.
American National Standards Institute Information Access
Amigos Bibliographic Council Matthew Bender
Baker & Taylor Continuations Moody's Investors Ser.
R.R. Bowker Company National Register Pub.Co
Churchill Films Phoenix Films
Congressional Information Service Professional Media Ser.Cor
Commerce Clearing House Quality Books
Data Pro Research Instit. of Amer.
Disclosure Standard & Poor's Corp.
Dun's Marketing Service Thorndike Press
Gale Research University Microfilms Intl.
Grolier Educational Corp.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that the funds required for this
expenditure are available in the current operating budget, as appropriated,
of the General Fund.
M&C P-5325 adopted
It was the consensus of the City Council that the recommendation, as contained in Mayor
purchase with
and Council Communication No. P-5325, be adopted.
M&C P-5326 re
Water Department; stating that the Director of Fiscal Services certifies that funds
purchase with
There was presented Mayor and Council Communication No. P-5326 from the City
Air Products &
Manager submitting a tabulation of bids received for a purchase agreement to furnish
Chemical, Inc.
1 iquid oxygen for the Water Department; stating that the Director of Fiscal Services
certifies that the funds required for this anticipated expenditure is available in the
Treasury, as appropriated, and the funds required for the 1992-93 fiscal year will be
M&C P-5329 re
included in the proposed budget; and recommending that a purchase agreement be authorized
purchase from
with Air Products & Chemical Inc., to furnish liquid oxygen to the Water Department on
Ferguson?Universal
its low bid of $0.032 per pound for a total amount not to exceed $28,800.00, with term of
lnc.
agreement to begin December 1, 1991, and end November 30, 1992. It was the consensus of
the City Council that the recommendations be adopted.
M&C P-5327 re
Sewer Operating Fund; and recommending that the purchase be made from Ferguson/Universal,
purchase from
There was presented Mayor and Council Communication No. P-5327 from the City
Harold Beck &
Manager stating that Harold Beck and Sons, Inc., is the manufacturer and only source of
Sons, Inc.
supply of genuine Beck valve actuators for the Water Department; that the Director of
pchase from
Fiscal Services certifies that the funds required for this purchase are available in the
Leak Tec Corpora-
current operating budget, as appropriated, of the Water and Sewer Operating funds; and
tion
recommending that the City Council authorize a sole source purchase of four genuine Beck
valve actuators for the Water Department from Harold Beck and Sons, Inc., for an amount
not to exceed $24,500.00 net, f.o.b. Newton, Pennsylvania. It was the consensus of the
City Council that the recommendation be adopted.
M&C P-5328 re
There was presented Mayor and Council Communication No. P-5328 from the City
purchase with
Manager submitting a tabulation of bids received for the purchase of roof repair for the
Award Roofing and
Water Department; stating that the Director of Fiscal Services certifies that funds
Sheet Metal, Inc.
required for this expenditure are available in the operating budget, as appropriated, of
the Water and Sewer Operating Fund; and recommending that the purchase be made from Award
Roofing and Sheet Metal, Inc., on its low.bid meeting City specifications of $10,480.00
net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation
be adopted.
M&C P-5329 re
purchase from
There was presented Mayor and Council Communication No. P-5329 from the City
Ferguson?Universal
Manager submitting a tabulation of bids received for the purchase of 17,400 feet of 1-
lnc.
inch K -soft copper for the Water Department; stating that the Director of Fiscal Services
certifies that the funds required for this expenditure are available in the Water and
Sewer Operating Fund; and recommending that the purchase be made from Ferguson/Universal,
Inc., on its bid of $1.36 per foot, net, f.o.b. Fort Worth, -for an amount not to exceed
$23,664.00. It was the consensus of the City Council that the recommendation be adopted.
M& ' C P- 5330 re
There was presented Mayor and Council Communication No. P-5330 from the City
pchase from
Manager stating that chemicals which had been seized over a 24 -month period in raids on
Leak Tec Corpora-
tion
Minutes of City Council T-3 Page 44
IR
Tuesday, November 12, 1991
M&C P-5330 cont. clandestine drug labs were being stored at the City Auto Pound; that, while these
chemicals were secure, they were not stored in an enclosed facility, requiring that the
City dispose of all this material until such time as a proper storage facility could be
obtained; that, in order to protect the safety of the community and to comply with state
and federal requirements, on December 18, 1990, the City.Council authorized Mayor and
Council Communication No. P-4637 for the purchase, of disposal services for these
chemicals from Leak Tec Corporation; that additional costs were approved on May 28, 1991,
by Mayor and Council Communication No. P-4999, to bring the total authorized amount to
$52,900.00; that, upon completion of the necessary unpacking, sorting, analyzing and
repackaging material for disposal, the final quantity was 2,230 liquid gallons to be
disposed, plus sixty-six 55 -gallon drums of solids; that one major factor for the
difference in the original estimate and amount actually requiring disposal is additional
material was seized during the time between estimation and commencement of work; that
procedures have now been implemented whereby chemicals seized in clandestine drug lab
raids are stored in an acceptable facility (enclosed) for disposal within a reasonable
time frame in accordance with state and federal regulations; that the Director of Fiscal
Services certifies that the funds required for this amended purchase are available in
capital budget of the Special Trust Fund; and recommending that the City Council
authorize the amendment of Mayor and Council Communication No. P-4999 for the purchase of
chemical disposal services from Leak Tec Corporation for the Police Department and
confirm an additional expenditure of $90,400.00, for a new total of $143,300.00. It was
the consensus of the City Council that the recommendation be adopted.
M&C, L-10684 re There was presented Mayor and Council Communication No. L-10684 from the City
approved acqui- Manager recommending that the City Council authorize the acquisition of a portion of
sitio n of Tract Tract 22 and Tract 23, R. R. Ramey Survey, Abstract No. 1341; find that $8,085.00 is just
22 and Tract 23, compensation for property acquired from Thomas Kell, III for Green Oaks Boulevard
R.R. Ramey Survey Project; authorize the acceptance and recording of appropriate deed; and approve an
$8,085.00 bond fund transfer from the City's share of SDHPT Projects Unspecified to the
Green Oaks Boulevard (Land) Pass Project in the Street Improvements Bond Fund. It was
the consensus of the City Council that the recommendations be adopted.
M&C L-10685 re There was presented Mayor and Council Communication No. L-10685 from the City
approved acquisi- Manager recommending that the City Council authorize the acquisition of a portion of
tion of Tract 30, Tract 30, R. R. Ramey Survey, Abstract No. 1341; find that $18,400.00 is just
R.R. Ramey Survey compensation for property acquired from Jake Cook, Independent Executor of the Estates of
Arvy B. Cook and Blanche Cook, deceased, for Green Oaks Boulevard Project; authorize the
acceptance and recording of appropriate deed; and approve an $18,400.00 bond fund
transfer from the City's share of SDHPT Projects Unspecified to the Green Oaks Boulevard
(Land) Pass Project in the Street Improvements Bond Fund. It was the consensus of the
City Council that the recommendations be adopted.
M&C, L-10686 re There was presented Mayor and Council Communication No. L-10686 from the City
approved acquisi- Manager recommending that the City Council authorize the acquisition of a portion of
tion of Tract 7, Tract 7, L. J. Warwick Survey, Abstract No. 1663; find that $20,000.00 is just
L. J. Warwick compensation for property acquired from Burlington Northern Railroad Company, required
Survey for Sanitary Sewer Rehabilitation, Contract No. XX -M-27; authorize the execution and
acceptance of appropriate instrument; and authorize a bond fund transfer in the amount of
$20,000.00 from Water and Sewer Operating Fund, Sewer Capital Project, to Sewer Capital
Improvement Fund, Sanitary Sewer Rehabilitation, Contract XX, M-27. It was the consensus
of the City Council that the recommendations be adopted. .-
M&C
M&C L-1 0687 re There was presented Mayor and Council Communication No. L-10687 from the City
approved acquisi- Manager recommending that the City Council authorize the acquisition of a portion of
tion of Tract 2, Tract 2, J. Blackwell Survey, Abstract No. 148; find that $1.00 is just compensation for
J. Blackwell property acquired from Amon G. Carter Foundation required for reconstruction of Oakland
Survey Boulevard; and authorize the acceptance and recording of the appropriate instrument. It
was the consensus of the City Council that the recommendations be adopted.
M&C, L-10688 re There was presented Mayor and Council Communication No. L-10688 from the City
approved acquisi- Manager recommending that the City Council authorize the acquisition of easements
tion of described as formerly Morphy Street, closed by Ordinance No. 1598, lying between Arizona
easements . Avenue and M. K. and T. right-of-way and Blocks 9 and 13, Lawn Terrace; and authorize the
acceptance and recording of the appropriate easement from Joseph K. Smith, for a total
consideration of $203.00 for Arizona Avenue Drainage Improvements. It was the consensus
of the City Council that the recommendations be adopted.
M&C L-10689 re There was presented Mayor and Council Communication No. L-10689 from the City
approved acquisi- Manager recommending that the City Council authorize the acquisition of an easement
tion of easement described as a portion of Lot 28, Block 12, .Southside Addition (800 Broadus Avenue West)
for a total consideration of $63.00 and authorize the acceptance and recording of the
appropriate easement from Harold W. Gauntt, required for Sanitary Sewer Replacement M-14
and M-89, L-892 and L-931. It was the consensus of the City Council that the
recommendations be adopted.
M & C L-10690 re There was presented Mayor and Council Communication No. L-10690 from the City
agreement 1 i censi n Manager stating that Goldthwaite's of Texas, Inc., has approached the City to request an
to Goldthwaite's agreement permitting an encroachment of a drain pipe, concrete drain, and planter boxes
of Texas, Inc. on 349 square feet of City -owned park property; that City staff has researched the matter
and has determined that the encroachment has existed for more than 30 years; that no
additional improvements or alteration to the property: would be permitted; and
recommending that the City Manager be authorized to execute an agreement licensing to
Goldthwaite's of Texas, Inc., the use of a piece of City -owned property out of the J.M.C.
Lynch Survey, Abstract 955 for $100.00 per year, with primary term of agreement to be for
five years, with an option to renew for an additional five-year term. It was the
consensus of the City Council that the recommendation be adopted.
Minutes of City Council T-3 Page 45
Tuesday, November 12, 1991
M&C L-10691 re There was presented , Mayor and Council Communication No. L-10691 from the City
approved acquisi- Manager recommending that the City Council authorize the acquisition of two temporary
tion of two tem- construction easements described as a portion of Lot , 1, Block 1, Summit Office Park
porary construc- Addition (located at 1200 Summit Avenue); find that $1.00 is just compensation for
tion easements property acquired from Zell Merrill Lynch Real Estate Opportunity Partners, Limited
Partnership, required for reconstruction of Summit Avenue from Rio Grande to Lancaster;
and authorize the acceptance of the appropriate easements.: It was the consensus of the
City Council that the recommendations be adopted.
L-1 0692 re
MACacquisition
There was presented Mayor
and
Council Communication No. L-10692 from the City
acquisition of
Manager recommending that the City
Council authorize the acquisition of easements at 1400
permanent and
Arizona Avenue described as formerly
Morphy Street, closed by Ordinance No. 1598, lying
temporary ease-
between Arizona Avenue and M., K.
and
T. right-of-way and Blocks 9 and 13, Lawn Terrace
me n is
from Ruth Brown Greene for a total
consideration of $262.00, and authorize the acceptance
Manager recommending that the City Council authorize the acquisition of right-of-way and
of the appropriate easements.
It
was the consensus of the City Council that the
$97,132.00 is just compensation for property acquired ,from Jake Cook, Independent
recommendations be adopted.
Executor of the Estate of Arvy B. Cook and Blanche .Cook,, required for Green Oaks
Reyburn Survey
M&C L-10693 re There was presented Mayor and Council Communication No. L-10693 from the City
approved acquisi- Manager recommending that the City Council authorize the acquisition of a portion of
tion of Tract 2 1, Tract 21, R. R. Ramey Survey, Abstract 1341; find that $1,415.00 is just compensation for
R.R. Ramey Survey property acquired from Thomas Kell, III, required for Green Oaks Boulevard Project; and
authorize the acceptance and recording of the appropriate deed. It was the consensus of
the City Council that the recommendations be adopted.
MAC L-10694 reThere was presented Mayor and Council Communication No. L-10694 from the City
Manager recommending ..that the City Council authorize the acquisition of right-of-way
approved acquisi- described as a portion of Lots 3, 4, and 5, Block 1, Nies and Rouse Addition; find that
tion of Lots 3 , 4, $700.00 is just compensation for property acquired from Jimmy ' Dal a Wright and Mary E.
and,5, Block 1. Wright, required for reconstruction of East First. Street from Sylvania to Riverside
Drive; and authorize the acceptance and recording of the appropriate deed. It was the
consensus of the City Council that the recommendations be adopted.
M&C L-10695 re
There was presented Mayor and Council Communication No. L-10695 from the City
approved acquisi-
Manager recommending that the City Council authorize the acquisition of right-of-way and
tion of Lot 5,
a temporary construction easement described as a portion of Lot 5, Block 18, Glen Park
Block 18, B1 en
Addition; find that $325.00 is just compensation for property acquired from Henry L.
park Addition
Handy, Jr., required for reconstruction of Martin Avenue from Wichita to Shackleford; and
Tract 1A2, A.
authorize the acceptance and recording of the appropriate deed. It was the consensus of
M&C L-10698 re
the City Council that the recommendations be adopted.
approved acquisi-
was presented Mayor and Council Communication No. L-10696 from the City
M&C L-10696 reThere
Manager recommending that the City Council authorize the acquisition of right-of-way and
approved bond
easement out of a portion of Tract 290, R. R. Ramey Survey, Abstract 1341; find that
fund transfer
$97,132.00 is just compensation for property acquired ,from Jake Cook, Independent
Tract 1, thomas S.
Executor of the Estate of Arvy B. Cook and Blanche .Cook,, required for Green Oaks
Reyburn Survey
Boulevard Project; authorize the acceptance and recording of the appropriate deed; and
approved $97,132.00 bond fund transfer from the City's 'share of SDHPT Projects
Unspecified to the Green Oaks Boulevard (Land) Pass Project in the Street Improvements
Bond Fund. It was the consensus of the City Council that the recommendations be adopted.
M&C L-10699 re
There was presented Mayor and Council Communication No. L-10697 from the City
MAC L-10697 re
Manager recommending that the City Council authorize the acquisition of a portion of Lot
approved acquisi-
1, Block 3, Nies and Rouse Addition; find that $420.00 is just compensation for property
tion of Lot 1,
acquired from Virginia L. Moore, required for reconstruction of East First Street from
Block 3
Sylvania to Riverside; - and authorize the acceptance and recording of the appropriate
Tract 1A2, A.
deed. It was the consensus of the City Council that the recommendations be adopted.
M&C L-10698 re
There was presented Mayor and Council Communication No. L-10698 from the City
approved acquisi-
Manager recommending that the City Council authorize the acquisition of a portion of Lot
tion of Lot 5,
5, and the east 1/2 of Lot 4, Block 3, Nies and Rouse Addition; find that $765.00 is just
Block 3
compensation for property acquired from the heirs of Walter J. Burroughs and Mable B.
It was the consensus
Burroughs, required for reconstruction of East First Street from Sylvania to Riverside;
Tract 1, thomas S.
and authorize the acceptance and recording of the appropriate deed. It was the consensus
Reyburn Survey
of the City Council that the recommendations be adopted.
M&C L-10699 re
There was presented Mayor and Council Communication No.
L-10699 from
the City
dedication of
Manager recommending that the City Council approve the dedication
of property
described
the property
as a portion of Tract 1, C. R. Harmon Survey, Abstract No. 737;
Tract 1A2, A.
C. Warren
Tract 1, C.R.
Survey, Abstract No. 1687, Tarrant County, Texas; and Tracts
2A and 13A, B. Overton
Harmon Survey
Survey, Abstract No. 972, Denton County, Texas, from Alliance Airport,
LTD.; and
MiC_ L-10701 re
authorize the acceptance and recording of the appropriate deeds.
It was the consensus
of
Tract 1, thomas S.
the City Council that the recommendations be adopted.
Reyburn Survey
Thomas S. Reyburn Survey, Abstract No. 1130 for Eagle Parkway at Alliance Airport from
apC L-10700
There was presented Mayor and Council Communication No. L-10700 from the City
approved acquisi-
Manager recommending that the City Council authorize the acquisition of easements to
tion of easements
Parcel 1, described as Lot 20, Block 56, Ryan 'and Pruitt Addition; from Charles Ray
Hawkins for a total consideration of $5,230.00, required for Biddison/Ripy Sewer
Rehabilitation project; authorize the acceptance and recording of appropriate easement;
and authorize a fund transfer in the amount of $5,230.00 from Water and Sewer Operating
Fund, Sewer Capital Project to Sewer Capital Improvement Fund, Sewer Rehabilitation
Biddison/Ripy Streets. It was the consensus of the City Council that the recommendations
be adopted.
MiC_ L-10701 re
There was presented Mayor and Council Communication No. L-10701 from the City
dedication of'
Manager recommending that the City Council authorize - the acceptance, execution, and
Tract 1, thomas S.
recording of the appropriate deed and approve the dedication of a portion of Tract 1,
Reyburn Survey
Thomas S. Reyburn Survey, Abstract No. 1130 for Eagle Parkway at Alliance Airport from
Minutes of City Council T-3 Page 46
47
Tuesday, November 12, 1991
There was presented
Mayor and Council Communication No. C-13127 from the City
M&C. L-10701 cont.
Hillwood/1358, LTD. It was the consensus of the City Council that the recommendations be
City Council on September 3, 1991, by Mayor and Council
contract with
and adopted
adopted.
Texas Employemnt
$180,113.00 with Texas Employment
M & C L-10702 re
There was presented Mayor and Council Communication No. L-10702 from the City
workers under .Title III of
the Job Training Partnership Act for the contract period July
approved acquisi-
Manager recommending that the City Council authorize the acquisition of a temporary
Department of Commerce to
tion of temporary
construction easement described as a portion of Lot MRA, Block 16, Cobb's Orchard
$282,203.00; that the Director
of Fiscal Services certifies that funds required for this
construction ease-
Addition; find that $1.00 is just compensation for property acquired from NCNB Mortgage
in the 1991 program year budget of the Grants Fund; and
me nt
Corporation required for reconstruction of Martin Street; and authorize the acceptance of
authorize the City Manager
to execute a contract with Texas Employment Commission for
the appropriate easement.
services to Dislocated Workers in the amount of $282,203.00, instead of $180,113.00, as
Council Member
was the consensus of the City Council that the recommendation
be adopted.
Chappell re M&C
Council Member Chappell disclosed that his firm has a credit card interest with
L-10702
NCNB.
Council Member
Council Member Silcox disclosed that his company had a janitorial contract with
Silcox re M&C
NCNB, but it was less than $5,000.00.
L-10702
Mayor Pro tempore Webber advised City Council that, in her discussion with City
Mayor Pro tempore
Attorney Adkins, she was advised that NCNB Mortgage Corporation and NCNB Bank are
Webber re M &C
separate entities and that she would not be disqualified on Mayor and Council
L-10702
Communication No. L-10702.
Council Member McCray made a motion, seconded by Council Member Chappell, that the
recommendations as contained in Mayor and Council Communication No. L-10702, be approved.
When the motion was put to a vote by the Mayor, it prevailed unanimously.
M & C C-13126 re There was presented Mayor and Council Communication No. C-13126 from the City
amendment to Manager stating the City Manager was authorized on April 23, 1991, by Mayor and Council
JTPA Title III Communication No. C-12816 to enter into a contract with Texas Department of Commerce for
$815,133.00 in Title III 60 percent funds for implementation of Job Training Partnership
Act Title III Economic Dislocation and Worker Adjustment Assistance Act Program Plan for
1991, for the contract period July 1, 1991, to June 30, 1992; that Title III funds are
allocated to substate areas to provide job training and employment services to persons
experiencing employment dislocation; Title III 40 percent funds are reserved by the State
to provide additional assistance in areas that experience substantial increases in the
number of dislocated workers; therefore, the state has made an additional allocation from
their JTPA Title III 40 percent budget to meet this need; that the Director of Fiscal
Services certifies that funds required for this expenditure will be available subject to
the execution of.PY91 JTPA Title III 40 percent fund grant extension with the Texas
Department of Commerce; and recommending that the City Manager be authorized to execute
an amendment to the JTPA Title III Economic Dislocation and Worker Adjustment Assistance
Act grant contract with Texas Department of Commerce increasing the amount of the
contract by $998,186.00 to a new total contract amount of $1,813,319.00, for the contract
period July 1, 1991, to June 30, 1992. It was the consensus of the City Council that the
recommendation be adopted.
M&C C-13127 re
There was presented
Mayor and Council Communication No. C-13127 from the City
amendment to
Manager stating that the
City Council on September 3, 1991, by Mayor and Council
contract with
Communication No. C-13042,
authorized execution of a contract in the amount of
Texas Employemnt
$180,113.00 with Texas Employment
Commission for provisions of services to dislocated
Commission
workers under .Title III of
the Job Training Partnership Act for the contract period July
1, 1991, to June 30, 1992; that additional funds are now available from the Texas
Department of Commerce to
increase the contract amount by $102,090.00 for a total of
$282,203.00; that the Director
of Fiscal Services certifies that funds required for this
expenditure, are available
in the 1991 program year budget of the Grants Fund; and
recommending that the City
Council amend Mayor and Council Communication No. C-13042 and
authorize the City Manager
to execute a contract with Texas Employment Commission for
services to Dislocated Workers in the amount of $282,203.00, instead of $180,113.00, as
previously authorized. It
was the consensus of the City Council that the recommendation
be adopted.
M&C, C-13128 re There was presented Mayor and Council Communication No. C-13128 from the City
contract with Manager stating that the City Council approved Mayor and Council Communication No. C -
Le o A. Daly 13100 on October 22, 1991, increasing the contract with the Leo A. Daly Company by
Company $16,000.00; that, as a result of a mathematical error, the revised contract total was
given as $86,000.00, and the correct amount is $91,100.00; and recommending that the City
Manager be authorized to increase the contract with the Leo A. Daly Company by $16,000.00
for an additional inspection services on the Alliance Airport Traffic Control Tower,
bringing the total contract amount to $91,100.00. It was the consensus of the City
Council that the recommendation be adopted.
M&C C-13129 re There was presented Mayor and Council Communication No. C-13129 from the City
agreement with the Manager stating that the Casino Beach area is included in Fort Worth's Certificate of
City of Lakeside Convenience and Necessity to provide treated water service; that Fort Worth currently
does not have water or sewer service readily available to the west side of Lake Worth
near the Highway 199 bridge; that the nearest Fort Worth water system is on the other
side of Lake Worth and across the City of Lake Worth approximately 6,000 feet away; that,
due to the development activity, Fort Worth requested the City of Lakeside to provide
water to the Aqua Golf and Queen Maria developments since Lakeside had water service near
the locations; that Lakeside agreed to provide the service, but since it was outside of
their CCN, they requested that the area be included in their CCN issued by the Texas
Water Commission; that the Water Commission asked that both parties try to reach an
agreement on the issue; and recommending that the City Council find that it is in the
best interest of the City of Fort Worth to authorize the City Manager to enter into an
agreement with the City of Lakeside to cooperate in securing dual certification for water
services at Casino Beach area whereby either Fort Worth or Lakeside would be legally
permitted to provide treated water service to this area. It was the consensus of the
City Council that the recommendation be adopted.
Minutes of City Council T-3 Page 47
I •
•
Tuesday, November 12, 1991
& C.0-1 3130 re
abul ati on of bids
There was presented Mayor
and Council Communication No. C-13130 from the City
or replacement
Manager submitting a tabulation
of bids
received for the � repl acement
of water sanitary
f water sanitary
sewer lines in Trail Lake Drive
from Woodway Drive to Wedgmont
and for
Circle;
street paving improvements to Trail Lake Drive
stating that the Director of Fiscal Services
ever lines
certifies that funds required -for these
projects are available in the
current budget of
the Water Capital Project Fund and the
Street Improvement Bond Fund;
and recommending
that the City Council:
1. Approve a $301,598.00 fund transfer -from the Water and Sewer Operating
Fund, Water Capital Project to the Water Capital Improvement Fund,
Water Replacement Trail Lake Drive, and
2. Approve a $122,196.00 fund transfer from the Water and Sewer Operating
Fund, Sewer Capital Project to the Sewer Capital Improvement Fund,
Sewer Replacement.Trail Lake Drive, and
3. Approve a temporary $37,380.00 fund transfer for the property owners'
share from the Inner City Unspecified Project to the Trail Lake Drive
Project in the Street Improvements Bond Fund, to be repaid from the
Special Assessments Fund when funds become available, and
4. Approve a $407,883.89 fund transfer, from the Inner City Unspecified
Project to the Trail Lake Drive, Woodway Drive to Wedgmont Circle
Project in the Street Improvements Bond Fund, and
5. Authorize the City Manager to execute a contract with J. L. Bertram
Construction and Engineering, Inc., in the amount of $424,060.85 with
sixty (60) working days for street paving -improvements to Trail Lake
Drive from Woodway Drive to Wedgmont Circle, and
6. Authorize the City Manager to execute a contract with Architectural
Utilities, Inc., in the amount of $377,876.82 for the replacement of
water and sanitary sewer lines in Trail Lake Drive.
r. Craig Bernstein -
Mr. Craig Bernstein, Attorney with the firm of McKinney, Moore and Ross,
e M «C C-13130 representing Ballard Consulting and Contracting, Inc., appeared before the City Council
and advised the City Council. that_ Ballard Company was the lowest bidder on this project
as well as for paving of Lee Avenue from N.E. 28th Street to West Long Avenue and Related
Water Line project; advised Council that Mr. Ballard was previously an officer of Harrod
Paving Company; and requested that City Council delay awarding these contracts at this
time, and wait until.a third party investigation, by a non-partisan party, can take place
to determine if his client will be able to get the job done.
r. Gary Santerre
Mr. Gary Santerre, Director of Transportation and Public Works Department, appeared
e M&C C-13130 before the City Council and advised Council that a background check was performed and
after discovering that Ted Harrod, who is in default on a project, co-signed the bond, it
was felt that there was a tie between the two companies; and stated that staff felt
strongly that both projects are critical and requires a "responsible" contractor to
complete the job; and advised City Council that it was suggested that Ballard continue to
bid on City projects, but for a lesser dollar amount.
Council Member Silcox made a motion, seconded by Council Member Woods, that the
recommendations, as contained in Mayor and Council Communication No. C-13130, be adopted.
When the motion was put to a vote by the Mayor, it prevailed unanimously.
&C C-13131 re There was presented Mayor and Council Communication No. C-13131 from the City
Manager stating that Air Transport Association of America, under City Secretary Contact
ease with Air No. 17830, leased 618 square feet of second floor office space in the Meacham Airport
ransport As soc i a- Terminal building; that the lease expired and the tenant seeks to continue leasing the
ion of America space; that the term of the lease will be from October 1, 1991, to September 30, 1992,
with successive one year options to renew as long as the tenant is in compliance with the
terms and conditions of the- original lease; that the Schedule of Rates & Charges in
effect during these successive option period(s) will be charged; that the total revenue
is $5,772.12; that the Administration Section of the Aviation Department will be
responsible for collection of funds due the City under this agreement; and recommending
that the City Manager be authorized to enter into a lease with Air Transport Association
of America for office space in the Meacham Airport Terminal. It was the consensus of the
City Council that the recommendation be adopted.'
&C C-13132 re There was presented Mayor and Council Communication No. C-13132 from the City
ontract'_-wi thy._ .._ - Manager, as follows:
usti.n. Paying__-'
ompa ny-_ SUBJECT: CHANGE. ORDER NO. 1 WITH AUSTIN PAVING COMPANY FOR HMAC SURFACE
OVERLAY (91-2) AT VARIOUS LOCATIONS
RECOMMENDATION:
It is recommended that the City Council:
1. Approve a bond fund transfer of $160,099.80 from the Prior Years Funding
Unspecified Project to HMAC Surface Overlay (91-2) at Various Locations
Project in the Contract Street Maintenance Fund, and
2. Approve Change Order No. 1 in the amount of $185,099.80 and twenty-three
(23) additional working days increasing City Secretary Contract No.
18619 with Austin Paving Company to $1,012,444.75 and eighty-eight (88)
working days for HMAC Surface Overlay (91-2) at Various Locations.
Minutes of City Council T-3 Page 48
M&C C-13132 cont.
Tuesday, November 12, 1991
DISCUSSION:
On July 2, 1991, the City Council awarded a contract to Austin Paving Company
in the amount of $827,344.95 and sixty-five working (65) days for HMAC
Surface Overlay (91-2) at Various Locations. This surface overlay contract
was part of the 1990-91 Street Maintenance Program.
Staff had originally included a number of streets in or near the Northeast
Addition and the Crestwood Addition in the 1991 Slurry Seal contract. The
necessary base repairs were made under a separate contract. The low bidder
for the 1991 slurry seal contract was unable to secure bonding and this
project will have to be rebid. In order to save the base repairs already
completed, staff is recommending that these streets be added to the HMAC
Surface Overlay (91-2) contract and completed as soon as possible. HMAC
overlay will result in a superior product and will lengthen the life of the
streets. In addition, the bid prices contained in City Secretary Contract No.
18619 are very favorable. The following streets are recommended for overlay
treatment at this time:
Crestwood
White Settlement North to Cul -De -Sac
Lindenwood
White Settlement to Crestwood Terrace
Merrick
West Freeway to Burton Hill
Merrick Court
Merrick to Dead End
Catalina
Merrick to Northcrest
E1 Dorado
Burton Hill to Catalina
Benbridge
Burton Hill to Catalina
Northcrest
Burton Hill to Catalina
Northcrest Court
Northcrest to Cul -De -Sac
Oak Forest
E1 Dorado to Northcrest
PROJECT COST AND FINANCING TIME:
Original Contract Amount: $ 827,344.95
Proposed Change Order No. 1: 185,099.80
Proposed Contract Amount: 1,012,444.75
Approval of this Change Order would increase the original contract amount by
22.4%.
The streets in this change order are located in DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that funds are available for this
proposed change order in the current capital budget, as appropriated, of the
Contract Street Maintenance Fund.
M&C. C-13132
It was the consensus of the City Council that the recommendations, as contained in Mayor
adopted
and Council Communication No. C-13132, be adopted.
M&C C-13133 re
lease with
There was presented Mayor and Council Communication No. C-13133 from the City
Federal Aviation
Manager stating that the Federal Aviation Administration proposes to enter into an
Administration
agreement with the City of Fort Worth for a ground site, access rights and utility
easements in order to install a remote transmitter/receiver facility at Fort Worth
Alliance Airport; .that the area to be leased is a 13,500 sq. ft. parcel of land; that the
contract will begin October 1, 1991, and end September 30, 1992; however, the lease may,
at the option of the government, be renewed from year to year, without notice, until
September 30, 2011; that FAA will pay no monetary consideration as it is mutually agreed
that the rights extended to the government are in consideration of the obligation assumed
by the government in its establishment, installation, operation, and maintenance of the
facilities proposed upon the premises; that the FAA will pay for all costs associated
with installation of the facility; that the terms and conditions of this proposed lease
are routine and consistent with other contracts with the FAA for similar facilities at
Meacham Airport and Spinks.Airport; and recommending that the City Manager be authorized
to enter into a lease with the Federal Aviation Administration for land, access, and
utility easements at Fort Worth Alliance Airport for the purpose of installation of a
remote transmitter/receiver (RTR) facility. It was the consensus of the City Council
that the recommendation be adopted.
M&C C-13134 re There was presented Mayor •and Council Communication No. C-13134 from the City
paving improve- Manager submitting a tabulation of bids received for street paving improvements of
ments of Wesleyan Wesleyan Drive from Avenue J to East Rosedale Street; 1 that the Director of Fiscal
Drive from Avenue Services certifies that funds required for this project -are available in the current
J budget of the Grants Fund and the Street Improvement Bond Fund; and recommending that the
City Council:
1. Approve a $47,224.34 fund transfer from the Streets Assessments Project
to the Wesleyan Drive Project in the Grants Fund, and
2. Approve a temporary $10,162.76 fund transfer from the Inner City
Unspecified Project to the Wesleyan Drive Project in the Street
Improvements Bond Fund, to be repaid from the Special Assessments Fund
when funds become available, and
3. Approve a $111,126.30 fund transfer from the Inner City Unspecified
Project to the Wesleyan Drive, Avenue J to East Rosedale Street Project
in the Street Improvements Bond Fund, and
Minutes of City Council T-3 Page 49
50
Tuesday, November 12, 1991
4. Authorize the City Manager to execute a contract with Centerline
M&C C-13134 cont. Constructors, Inc., in the amount of $160,488.95 with forty-four (44)
working days for street paving improvements to Wesleyan Drive from Avenue
J to East Rosedale Street.
M & C C-13134 It was the consensus of the City Council that the recommendations be adopted.
adopted.
MAC C-13135 re There was presented Mayor and Council Communication No. C-13135 from the City
replacement of Manager submitting a tabulation of bids received for .the replacement of water and
water and sanitary sanitary sewer lines in Lee Avenue from N.E. 28th Street to West Long Avenue and for
sewer lines in street paving improvements to Lee Avenue from N.E. 28th Street to West Long Avenue; that
Lee Avenue from the Director of Fiscal Services certifies that funds required for these projects are
N.E. 28th Street available in the current budgets of the Water Capital Projects Fund, the Grants Fund, and
to West Long Ave. the Street Improvements Bond Fund; and recommending that the City Council:
1. Approve a $176,895.00 fund transfer from the Water & Sewer Operating
Fund to the Water Capital Project Fund, and
2. Approve a $146,797.51 fund transfer from the CDBG Streets Assessments
Project to the Grants Fund, and
3. Approve a temporary $23,284.00 fund transfer for the property owners'
share from the Inner City Unspecified Project to the Lee Avenue Project
in the�Street Improvements Bond Fund to be repaid from the Special
Assessments Fund when funds become available, and
4. Approve a $343,709.76 bond fund transfer from the Inner City
Unspecified Project to the Lee Avenue, N.E. 28th Street to West Long
Avenue, Project in the Street Improvements Bond Fund, and
5. Authorize the City Manager to execute a contract with Walt Williams
Construction, Inc., in the amount of $489,325.02 with sixty (60)
working days for street paving improvements to Lee Avenue from N.E.
28th Street to West Long Avenue, and
6. Authorize the City Manager to execute a contract with J.D. Vickers,
Inc., in the amount of $157,771.45 for the replacement of water and
sanitary sewer lines in Lee Avenue from N.E.-28th Street to West Long
Avenue.
M&C C-13135 On motion of Council Member Silcox, seconded by Council Member Woods, the recommendations
adopted were adopted.
M&C C-13136 re There was presented Mayor and Council Communication No. C-13136 from the City
contract with Manager, as follows:
Humphrey and
Morton Construc- SUBJECT: PROPOSED CHANGE ORDER NO. 1 WITH HUMPHREY AND MORTON CONSTRUCTION
tion Company, Inc. COMPANY, INC., FOR SUNSET HEIGHTS IMPROVEMENTS - RAILROAD CULVERT
CONSTRUCTION
RECOMMENDATION:
It is recommended that the City Council approve Change Order No. 1 in the
amount of $20,222.50 increasing City Secretary Contract No. 18621 with
Humphrey and Morton Construction Company, Inc., to $1,834,450.61 for the
Sunset Heights Floodway Improvements - Railroad Culvert Construction.
DISCUSSION:
On June 11, 1991, the City Council awarded a contract to Humphrey and Morton
Construction Company, Inc., in the amount of $1,814,228.11 and 110 working
days for the Sunset. Heights Floodway Improvements - Railroad Culvert
Construction Project. This floodway construction was part of the 1986
Capital Improvement Program.
During the project, the Streams and Valleys Committee requested additional
construction to improve the appearance to the River Corridor. The Committee
is donating $20,222.50 for coloring and finishing retaining walls and to
install black vinyl fence. The contractor has agreed to perform the
construction at this price. -
Approval of this change order would increase the original contract amount by
1.1%.
This project is in Council DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that funds for this change order
are available in the current capital budget, as appropriated, of the Street
Improvements Fund.
Council Member
Meadows re M&C Council Member Meadows advised City -Council that he serves on the Board of the
C-13136 Streams and Valleys Committee and advised City Council that he is disqualified from
voting on Mayor and Council Communication No. C-13136.
Minutes of City Council T-3 Page 50
6*1
Tuesday, November 12, 1991
Council Member Chappell made a motion, seconded by Council Member Silcox, that the
recommendation, as contained in Mayor and Council Communication No. C-13136, 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 Silcox,
Matson, McCray, Woods, and Chappell
NOES: I None
ABSENT: Council Member Puente
NOT VOTING: Council Member Meadows
M&C C-13137 re There was presented Mayor and Council Communication No. C-13137 from the City
cont. for one week Manager, as follows:
SUBJECT: CONTRACT WITH MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC., FOR
INTERDEPARTMENTAL COMMUNICATIONS SYSTEM
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute
a contract with Motorola Communications and Electronics, Inc., for the
acquisition of a communications system for a total amount not to exceed
$12,031,080.00 financed by the sale of certificates of obligation on November
12, 1991.
nTSC11SST0N-
On June 18, 1991 (M&C C-12923), City Council:
1) Adopted a resolution establishing intent to issue one or more series of
obligations to fund all or part of the purchase of a 40 channel 800 MHz
2 -way voice communication system and
2) Authorized the City Manager to execute a contract with Motorola, Inc.,
for the acquisition of a communication system for a total amount not to
exceed $12,031,080.00, such contract subject to the approval of the City
Council. Copies of this contract have been provided to the City
Council, and recommended changes are included in the attached document.
Outlined below are some of the major operational features of the trunked
radio system.
Immediate Access To The System
Departments/divisions will no longer be limited to one channel. Instead, the
computer component of the system will be able to.select any available channel
for voice communication.
Private Communication Between User Groups
Talk groups within departments or between departments can be established that
will allow only those people specifically identified to hear communications.
Pre -Programmed Emergency Configuration
Those departments that generally work together on major disasters such as
tornados, airplane crashes, hazardous spills, flooding, etc., can establish a
talk group which can be activated upon demand without tying up a channel on
an on-going basis.
Emergency Alert Feature
Personnel in the field will be able to alert dispatchers in the event they
are in danger by simply pushing an alert button. Assistance can be provided
even if there is no voice transmission.
Remote Enable/Disable Of Lost/Stolen Units
This feature will prevent the use of hand-held radios by unauthorized
personnel in the event they are lost or stolen.
Voice Encryption
This feature can be added later and will allow Police departments to scramble
messages when carrying out certain operations. Currently, anyone with a
radio tuned to the same frequency band can monitor some conversations.
Inter -Agency Communications
Currently, a couple of cities in the Tarrant County and D/FW Airport have 800
MHz systems. These systems could be tied to the proposed system in a talk
group that could be activated in the event there is a major disaster that
necessitated the coordination of various government agencies.
City staff has been in contact with most of the cities in Tarrant County to
determine their level of interest in sharing in the system cost. Several
Minutes of City Council T-3 Page 51
52
Tuesday, November 12, 1991
M&C C-13137 cont. have expressed interest and all have been informed . that the deadline for
entering into an inter -local agreement is October 1, 1992..
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services .certifies that the money required for the
anticipated expenditures will be available upon sale of Certificates of
Obligation scheduled for November 12, 1991.
Council Member Woods made a motion, seconded by Council Member Chappell, that
consideration of Mayor and Council Communication No. C-13137 be continued for one week.
When the motion was put to a vote by the Mayor, it prevailed unanimously.
M&C, C-13138 re There was presented Mayor and Council Communication No. C-13138 from the City
contract with Manager, as follows:
North Central SUBJECT: CONTRACT WITH NORTH CENTRAL TEXAS REGIONAL CERTIFICATION AGENCY FOR
Texas Regional DBE CERTIFICATION
Certification
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to sign an Interlocal Cooperation Agreement
for the City of Fort Worth to participate with specified governmental
entities, in the North Central Texas ,Regional Certification Agency
(NCTRCA) a centralized certification center for Disadvantaged Business
Enterprises (DBE's), and
2. Authorize disbursement of the $25,000.00 annual fee required for the
City of Fort Worth to participate in the NCTRCA.
BACKGROUND:
In 1988, the City of Fort Worth and D/FW International Airport invited all
the public entities in Fort Worth and Dallas to meet and form a governmental
network group whose primary objective is to develop uniform standards,
policies and procedures in order, to maximize contract opportunities for
disadvantaged, minority and women businesses. The participants formalized
the group via a Memorandum of Understanding, with the official name being the
Dallas/Fort Worth Intergovernmental Agencies. The Fort Worth City Council
authorized the City Manager to sign the Memorandum of Understanding on
September 26, 1989 (C.P. 145).
The first major issue discussed was the problem that these firms have with
completing extensive certification forms and repeating the process, for at
least six different agencies in the metroplex annually. The proposed
solution is a jointly -funded regional certification center which will (1)
eliminate the excessive time and expense, required for first time
certification and/or renewal of certification by applicants, and (2) provide
an opportunity for public entities to share the associated costs of
certification processing.
DISCUSSION•
The Center's main responsibility will involve processing the paperwork,
conducting site visits and making recommendations to the participating
agencies as to the certifiability of the applicants. Although ninety percent
of the applications will be handled by mail or fax, the North Central Texas
Council of Governments' (COG) building will provide a central location to
ease physical access for metroplex applicants.
An Interlocal Cooperation Agreement has been prepared and a meeting is
scheduled on November 20, 1991, at COG, to finalize plans and implement the
NCTRCA.
In addition to the City of Fort Worth,
a desire to participate:
Tarrant County
*City of Arlington
Tarrant County Junior College
Dallas Independent School District
Fort Worth Housing Authority
Fort Worth Transit Authority
Dallas County Hospital District
the following entities have expressed
Dallas County
*City of Dallas
Dallas Community College
District
D/FW International Airport
Dallas Housing Authority
*Dallas Area Rapid Transit
* NCTRCA has been approved by governing Council/Board.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that the funds required for this
agreement are available in the current budget as appropriated in the General
Fund.
&C C-13138 adopted �l It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. C-13138, be adopted.
Minutes of City Council T-3 Page 52
53
Tuesday, November 12, 1991
M&C FP -2887 re
There was presented Mayor and Council Communication No. FP -2887 from the City
final payment to
Manager stating that the City Council accepted the project.and approved final payment on
James W. Jackson,
June 25, 1991, by Mayor and Council Communication No. FP -2831 in the amount of
Inc.
$11,072.14; to James W. Jackson, Inc., for assessment paving of Oleander Street from
Evans Avenue to Mansfield Highway; that, subsequent to this action, the contractor met
r. Joe B i 1 ardi re
with City staff to consider additional compensation for expenses incurred due to
-91-079
construction delays; that, in an attempt to settle this issue fairly and equitably,
staff and the contractor are in agreement that $5,000.00 is fair compensation for actual
expenses incurred; that the Director of Fiscal Services certifies that funds for this
supplemental final payment are available in the current capital budget, as appropriated,
of the Street Improvements Bond Fund; and recommending that the City Council approve a
supplemental final payment in the amount of $5,000.00 to James W. Jackson, Inc., for
construction of Oleander Street from Evans Avenue to Mansfield Highway under City
Secretary Contract No. 16168. It was the consensus of the City Council that the
r. Dave Newell re
recommendation be adopted.
Consent agenda
for a change in zoning of property located at 8851 Trinity Boulevard from "D" Multi-
reconsidered
Council Member Matson made a motion, seconded by Council Member Meadows, that the
consent agenda be reconsidered at this time. When the motion was put to a vote by the
Mayor, it prevailed unanimously.
&C P-5320 with- Council Member Matson made a motion, seconded by Council Member Meadows, that the
raw n consent agenda be approved with the exception of Mayor and Council Communication No. P-
5320. When the motion was put to a vote by the Mayor, it prevailed unanimously.
M&C, P-5320 re
There was presented Mayor and Council Communication No. P-5320 from the City Manager
interim agreement
stating that the City Services Department will use this agreement to dispose of tires
with McCauley Tire
that are not reusable or recappable after removal from City fleet vehicles; that the
Company
annual estimated number of scrap tires is 4,500; however, the specifications clearly
state that this figure is an estimate only and the City of Fort Worth does not guarantee
r. Joe B i 1 ardi re
any specific quantities; that the vendor will make payment at the time scrap tires are
-91-079
removed for disposal; that the Equipment Services Division of the City Services
Department is responsible for collection of funds due the City under this agreement; and
recommending that the City Council authorize the confirmation of the interim agreement
with McCauley Tire Company covering the period of October 23, 1991, through November 5,
1991, in order to allow uninterrupted service for tire disposal; and authorize a one-year
agreement for the sale of scrap tires for the City Services Department to McCauley Tire
Company at its price of $1.00 per tire, with term of agreement to begin November 6, 1991,
and end November 5, 1992, with the option to renew for one additional year.
ou ncil Member Council Member Matson advised the City Council that he had a remote conflict of
a is on re M&C interest with McCauley Tire Company and requested permission of the City Council to
-5320 1 abstain from voting on Mayor and Council Communication No. P-5320.
Council Member Chappell made a motion, seconded by Council Member Meadows, that
Council Member Matson be permitted to abstain from voting on Mayor and Council
Communication No. P-5320. When the motion was put to a vote by the Mayor, it prevailed
unanimously.
Council Member Meadows made a motion, seconded by Council Member McCray, that Mayor
and Council Communication No. P-5320 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
Silcox, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: Council Member Puente
NOT VOTING: Council Member Matson
o ning Hearing It appearing to the City Council that the City Council that Resolution No. 1771 was
adopted on October 15, 1991, setting today as the date for hearing in connection with the
recommended changes and amendments to Zoning Ordinance No. 3011 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 October 28, 1991, Mayor Granger asked if
there was anyone present desiring to be heard.
r. Brent Dickey re
Mr. Brent Dickey, 3320 McLean, member of Meadowbrook Sector/East District Zoning
-91-079
Committee, appeared before the City Council and advised City Council that "C" Multi-
family is a good effort to downgrade the "D" Multi -family zoning but that the residents
prefer to have the "CR" Restricted Multi -family zoning because of the density that is
still allowed in "C" Multi -family zoning.
r. Joe B i 1 ardi re
Mr. Joe Bi 1 ardi , Director of the Development Department, appeared before the City
-91-079
Council and advised the City Council that Mr. Dave Newell, representing the applicant for
U. S. West Financial Services, Inc., for a change in zoning of property located at 8851
Trinity Boulevard from "D" Multi -family to "C" Multi -family, Zoning Docket Z-91-079, is
present and advised the Commission that Mr. Newell did not have a chance to discuss the
difference between "C" and "CR" zoning and that he would be reluctant to go ahead with
the "CR" zoning; but advised City Council that the "CR" Zoning would be more restrictive
and, in his opinion, it would not be necessary to readvertise, if City Council wished to
approve the "CR" zoning designation.
r. Dave Newell re
Mr. Dave Newell, representing the applicant for U. S. West Financial Services, Inc.,
-91-079
for a change in zoning of property located at 8851 Trinity Boulevard from "D" Multi-
family to "C" Multi -family, Zoning Docket No. Z-91-079, appeared before the City Council
and advised City Council that the "C" zoning is a compromise with the homeowners and the
Minutes of City Council T-3 Page 53
54
Tuesday, November 12, 1991
Mr. Dave Newell landowners and that at a later date they may wish to return and down zone the property
statement cont. further, and advised City Council that the neighbors were undecided as to whether or not
they wished to continue a business'type environment or have apartments in this area and
requested that the City give favorable consideration to the recommended change in zoning.
Pts. Aline P oklud o Ms. Aline Pokludo, applicant for a change in zoning of property located at 1200-1700
re Z-91-084 block of Circle Park Boulevard, 600-1300 block of Park Street and the 400-600 block of
Northwest 20th Street, from "A" One -family, "B" Two-family, and "E" Commercial to "A/CD"
One -family Conservation District "B/CD" Two -Family Conservation District, and "E/CD"
Commercial /Conservation District, Zoning Docket No. Z-91-084, appeared before the City
Council and requested that the City Council give favorable consideration to the
recommended change in zoning.
-91-081
There being no one else present desiring to be heard in connection with the
recommended changes in zoning Council Member Silcox made a,motion, seconded by Council
Member Woods, that the balance of the cases recommended for approval be adopted with the
exception of Zoning Docket No. Z-91-079. When the motion was put to a vote by the Mayor,
it prevailed unanimously. The recommended changes.in zoning are as follows:
Z-91-081
PAUL AND JOYCE GARCIA
Improvement Association V�
1529 East Bessie Street
Glenwood Trianqle
From "I" Light Industrial to "B" Two -Family
Residential
Z-91-082
Z-91-082
BLACKWOOD LAND CREDIT,, COMPANY by Dunaway Associates,
Inc.
Northwest corner of East Loop 820 - Trinity Boulevard
From "F" Commercial, "J" Light Industrial, and "K
Heavy Industrial to "I" Light Industrial
Z-91-083
Z-91-083
JAMES L. SIMS AND BEVERLY K. SIMS
100 East Hurst Bou evard
From "AG" Agricultural to "J" Light Industrial
Z-91-084
Z-91-084
CITY OF FORT WORTH by Architectural and Historical
Preservation Team of TAP - Aline Pokludo
1200-1700 Block of Circle Park Boulevard-
ou evard600-1300
600-1300Block of Park Street and the 400-600 Block
of Northwest 20th Street
From "A" One -Family, "B" Two -Family, and "E"
Commercial - to "A/CD" -One-Family Conservation
District, "B/CD" Two -Family Conservation District and
"E/CD" Commercial/Conservation District
Z-91-085
Z-91-085
LEWIS H. TANDY, JR. AND HELEN M. TANDY
3427 Meadowbrook Drive
From "A" One -Family to. "A/HC" One -Family
Historic/Cultural Subdistrict
Z-91-087II Z-91-087 CHARLES M. ROSS
2001 Queen treet
From "A" One -Family to "A/HC" One -Family
Historic/Cultural
Z-91-088 Z-91-088 WEST MEADOWBROOK ASSOCIATION by Cindy Wilson Arrick
and Jim Stuart -
4200 -4321 Kenwood Court:
From "A" One -Family and "B" Two -Family to "A/HC" One -
Family Historic/Cultural Subdistrict and "B/HC" Two -
Family Historic/Cultural Subdistrict
Z-91-089 Z-91-089 BENJAMIN FEVREISKI TRUSTEE b David Taylor - The
_Norman Lindlex Co.
440— River Oaks Boulevard
From "E" Commercial to "PD -SU" Planned
Development/Specific Use for all uses in the "E"
Commercial and sale of used furniture. Waiver of
Site Plan requested
Z-91-090 Z-91-090 HEDARY INVESTMENTS INC. by Youssef Hedar
2257 Hemphill Street
From "F" Commercial to "F/HC" Commercial
Historic/Cultural Subdistrict
-91-091II Z-91-091 JESSE'S AUTO SERVICE AND DETAIL SHOP
3454 Decatur Avenue
From "E" Commercial to "FR" Restricted Commercial
Minutes of City Council T-3 Page 54
55
Tuesday, November 12, 1991
Z-91-093 Z-91-093 ZONING ORDINANCE TEXT AMENDMENT
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF FORT WORTH (APPENDIX "A" OF
THE CODE OF THE CITY OF FORT WORTH), BY AMENDING
SECTION 18D, "SUPPLEMENTAL BUFFERYARD AND BUILDING
REQUIREMENTS", TO PROVIDE TEMPORARY RELIEF FROM THE
REQUIREMENTS FOR VACANT NONRESIDENTIAL PROPERTY;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
Z-91-079 Council Member Woods made a motion, seconded by Council Member Chappell, that the
application of U. S. West Financial Services, Inc., for a change of zoning in property
located at 8851 Trinity Boulevard from "D" Multi -family to "C" Multi -family, Zoning
Docket No. Z-91-79, 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
McCray, Woods, Meadows, and Chappell
NOES: Council Members Matson and Silcox
ABSENT: Council Member Puente
Introduced an Council Member Silcox introduced an ordinance and made a motion that it be adopted.
Ordinance 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
Silcox, Matson, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: Council Member Puente
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10954.
10954
AN ORDINANCE AMENDING THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF FORT
WORTH (APPENDIX "A" OF THE CODE OF THE
CITY OF FORT WORTH), BY AMENDING SECTION
18D, "SUPPLEMENTAL BUFFERYARD AND
BUILDING REQUIREMENTS", TO PROVIDE
TEMPORARY RELIEF FROM THE REQUIREMENTS
FOR VACANT NONRESIDENTIAL PROPERTY;
PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY
CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
PROVIDING FOR PUBLICATION IN PAMPHLET
FORM; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 4.
1
Any person, firm or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of
this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for
each offense. Each day that a violation is permitted to exist shall constitute a
separate offense.
SECTION 9.
This ordinance shall take effect and be in full force and effect from
and after the date of its passage, and it is so ordained.
Introduced an Council Member Silcox introduced an ordinance and made a motion that it be adopted.
Ordinance 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 Silcox,
Matson, McCray, Woods, Meadows, and Chappell
NOES: None
Minutes of City Council T-3 Page 55
*01
Tuesday, November 12, 1991
ABSENT: Council Member Puente
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10955
10955
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE, ORDINANCE NO. 3011, AS AMENDED, SAME BEING
AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION
AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE,
INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT,
NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER
STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES,
OFF-STREET PARKING AND LOADING, AND THE DENSITY OF
POPULATION, AND FOR SUCH PURPOSES DIVIDING THE
MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND
AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE
REGULATIONS AND SHOWINGi SUCH 'DISTRICTS AND THE
BOUNDARIES THEREOF UPON "DISTRICT MAPS PROVIDING
FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING' A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE PROVING
FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR
PUBLICATION AND NAMING AN EFFECTIVE DATE.'
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 6.
That any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement of any of the
provisions of this ordinance shall be fined not more than Two Thousand Dollars
($2000.00) for each offense. Each day that a violation is permitted to exist
shall constitute a separate offense.
Mr. Frank Rolfe re Mr. Frank Rolfe, Vice -President of Chase Company, representing the applicant Tarrant
Z-91-074 County Water Control and Improvement District No. - 1 for a change in zoning of property
located at 403 Northwest Loop 820, from "I" Light Industrial to "I" Light Industrial/Sign
Subdistrict, Zoning Docket No. Z-91-074, which application was recommended by the City
Zoning Commission for denial, appeared before the City Council and advised City Council
of the inconsistency of the City Zoning Commission in approving a similar zoning case and
not approving this particular case after meeting each and every requirement of the sign
ordinance and requested that the City Council give favorable consideration for the
approval of Zoning Docket No. Z-91-074.
Council Member Silcox made a motion, seconded by Council Member Chappell, that
consideration of the application of Tarrant County Water Control and Improvement District
No. 1 for a change in zoning of property located at 403 Northwest Loop 820 from "I" Light
Industrial to "I" Light Industrial/Sign Subdistrict, Zoning Docket No. Z-91-074, be
continued for one week since this is located in Council Member Puente's district. When
the motion was put to a vote by the Mayor, it prevailed unanimously.
Mr. H. Dennis Mr. H. Dennis Hopkins, 6850 Manhattan Boulevard, representing George W. Kornye,
Hopkins re applicant for a change in. zoning of property located at 1812-1816 Carleton Street from
Z-91-080 "B" Two-family and "C" Multi -family to "E -R" Restricted Commercial, Zoning Docket No. Z-
91-080, which application was recommended by the City Zoning Commission for denial,
,appeared before the City Council and requested that the City Council set a special zoning
hearing, and advised Council that it is his intention to delete Lots 5 and 6 from the
application and stated that the request would only be for Lot 4 to "C" zoning in order to
build townhomes.
Mr. Thoms Mastin Mr. Thomas Mastin, 1701 Carleton, appeared before the City Council and advised City
re Z-91-080 Council that he has no objection to the request for a special hearing on Zoning Docket Z-
91-080, as amended, and advised City Council that, in his opinion, this was an excellent
compromise and will be an improved change. -
Council Member Meadows made a motion, seconded by Council Member Chappell, that the
application of George W. Kornye for a change of zoning of property located at 1812-1816
Carleton Street from "B" Two-family and "C" Multi -family to "E -R" Restricted Commercial,
Zoning Docket No. Z-91-080, as amended to only include Lot 4 for a change in zoning to
"C" Multi -family be set for a special hearing before the City Council on December 10,
1991. When the motion was put to a.vote by the Mayor, it prevailed unanimously.
Council Member Chappell made a motion, seconded by Council Member Silcox, that the
recommendation of the City Zoning Commission for the denial of the application of Edgar
P. and Charlcie Jo Calloway for a change in zoning of property located at 4853 White
Settlement Road from "E" Commercial to "F" Commercial Zoning Docket Z-91-072, be upheld.
When the motion was put to a vote by the Mayor,'it prevailed unanimously.
Mr. Korm Bulaich Mr. Norm Bulaich, 200 South Riverside Drive, appeared before the City Council and
re solid waste read correspondence from Mr. Charles F. "Mickey" Flood, Vice -President and Regional
request Manager of Waste Management of Texas, Inc., in support of the recent recommendation that
all discussion regarding the solid waste request for bids be held in a public forum.
Minutes of City Council T-3 Page 56
Mr. Brent Dickey
re Ethics Review
Committee; com-
plaint on Council
Member Chappell
City Attorney
Adkins re
Ehtics Review
Committee
The Reverend
Alvin Walker re
reinstate the
Presbyterian Night
Shelter Board
Mayor Granger ex-
cused herself from
the Council Cham-
ber
Ms. Jeanne Strick-
land re rubber
mats at the Pres-
byterian Night
Shelter
Met in closed or
executive session
Reconvened into
regular session
Adjourned
57
Tuesday, November 12, 1991 I
Mr. Brent Dickey, 3320 McLean, appeared before the City Council and advised City
Council of h's request for the minutes of the Ethics Review Committee meeting held on
November 4, 991, and questioned the City Council in regard to the number of official
capacities City Attorney Adkins was serving in inasmuch as he was counsel for the accused
and also serving as secretary for the November 4, 1991, Ethics Review Committee meeting
and questioned whether or not City Attorney Adkins had a conflict of interest and, if
not, advised City Council that a violation of "fairness and public trust comes into play.
City Attorney Adkins advised City Council that Mr. Dickey received a draft copy of
the Ethics Review Committee and advised Mr. Dickey that his copy was only a draft copy
and that the final minutes would have to be approved by the Ethics Review Committee.
The Reverend Alvin Walker, 5171 Velma, appeared before the City Council to speak on
behalf of the homeless and requested that the City Council move with compassion to
reinstate the Presbyterian Night Shelter Board. Mayor Granger advised Reverend Walker
that this board was appointed by the Presbyterian Church and that he would need to talk
with the appropriate individuals at the church to have the board reinstated.
At this time Mayor Granger excused herself from the Council Chamber, and Mayor Pro
tempore Webber assumed the chair.
Ms. Jeanne Strickland, P.O. Box 3182, appeared before the City Council and advised
City Council that the Presbyterian Night Shelter is a nice place for the homeless and
advised City Council of the need for some rubber mats to be placed on the floors of the
Presbyterian Night Shelter in slippery conditions in order to prevent individuals from
falling and injuring themselves.
It was the consensus of the City Council that the City Council meet in closed or
executive session to seek the advice of its attorneys concerning pending litigation and
other matters which are exempt from public disclosure under Article X, Section 9, State
Bar of Texas Rules:
(a) Unpaid bills of Landmark Bank for utility services at the Stockyards
Exhibit Building
(b) Lisa Van Schuyver v. City of Fort Worth, Missouri Pacific Railroad, Lacy
Construction Company, et al, Cause No. 236-113027-88
(c) International Association of Fire Fighters Local 440 v. City of Fort Worth,
Cause No. 342-123792-89
as authorized by Section 2(e), Article 6252-17, V.A.C.S., the Texas Open Meeting
Act.
The City Council reconvened into regular session with eight members present and
Council Member Puente absent.
There being no further business, the meeting was adjourned.
C1/TY aCRETARYMAYOR
Minutes of City Council T-3 Page 57