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HomeMy WebLinkAbout1992/01/28-Minutes-City CouncilANV Council Met (Members Present Invocation Pledge of Allegiance Minutes of January 1992 Proclamation - Project C Celebratiot Week Council Member Matson excused himself from the City Council table Proclamation - Americans with Dis- abilities is- abi1ities (leek Withdrew M7c nos. C-13218, L-10824 Withdrew M&C Nos. G-9484, C-13219, C-13220 Withdrew M&C Nos. P-5450, P-5451 Withdrew M&C No. L-10822, L-10823, and C-13206 and M&C C-13199 cont. for two weeks Consent agenda approved Resignation of Mr. Jim Austin from the CCB MAC OCS-382 Claims Bonifacio Fraustro Helen Martsukos Rio Grande Autos (Hugh R. Nex) CITY COUNCIL MEETING JANUARY 28, 1992 On the 28th day of January, A.D., 1992, 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 Carlos Puente, 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; with more than a quorum present, at which time the following business was transacted: The invocation was given by The Very Reverend Gayland Pool, Tarrant Area Community of Churches. The Pledge of Allegiance was recited. On motion of Council Member Woods, seconded by Council Member McCray, the minutes of the meeting of January 21, 1992, were approved. A proclamation for Fort Worth: Project C 3,Celebration Week was presented to Dr. Don R. Roberts, Fort Worth Independent School District Superintendent, and Mr. Gary Manny. Council Member Matson excused himself from the City Council table at this time. A proclamation for Americans with Disabilities Week was presented to Mr. Michael Langford, Co -Chair for Mayor's Committee on Employment of Persons with Disabilities; Messrs. Jim B. Grey and Danny Scarth, representing the National Paraplegia Foundation; Mr. Scott Hanes, representing REACH; and Ms. Betty Torres, representing the Texas Rehabilitation Commission. Council Member Chappell requested that Mayor and Council Communication Nos. C-13218 and L-10824 be withdrawn from the consent agenda. Council Member Silcox requested that Mayor and Council Communication Nos. G-9484, C-13219, and C-13220 be withdrawn from the consent agenda. City Manager Ivory requested that Mayor and Council Communication Nos. P-5450 and P-5451 be withdrawn from the consent agenda. City Manager Ivory requested that Mayor and Council Communication No. L-10822, L-10823, and C-13206 be withdrawn from the agenda and that Mayor and Council Communication No. C-13199 be continued for two weeks. On motion of Council Member Puente, seconded by Council Member Meadows, the consent agenda, as amended, was approved. Council Member Woods made a motion, seconded by Council Member Meadows, that the resignation of Mr. Jim Austin from the Citizens' Cable Board be accepted with regrets. When the motion was put to a vote by the Mayor, it prevailed unanimously. There was presented Mayor and Council Communication No. OCS-382 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Risk Management Department, as follows: 1. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 2. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 3. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Bonifacio Fraustro January 16, 1992 November 19, 1991 1300 block of Minton (Minden) $798.10 Claimant alleges damage to automobile sustained as a result of a vehicular accident involving a garbage truck. Helen Martsukos January 16, 1992 July 16, 1991 Weatherford & Commerce Streets $108,000.00 Claimant alleges damages and injuries sustained as a result of a vehicular accident involving a City - owned vehicle. Rio Grande Autos (Hugh R. Nex) January 17, 1992 January 2, 1992 Ft. Worth Auto Pound $30.00 Claimant alleges damage as a result of Auto Pound employees' failure to accurately determine that owner's vehicle was stored at the Auto Pound. Minutes of City Council T-3 Page 274 Isabel G. Patron, Wid of deceased, Ronnie Patron, Jr. Lorrie Lee Vick Mid -Century Insurance Co. a/s/o, Leonard Baker Francey Petty OCS-382 adopted 4. Claimant: Date Received: Date of Incident: Attorney: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 5. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 6. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 7. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Tuesday, January 28, 1992 Isabel G. Patron, Widow of deceased, Ronnie Patron, Jr. January 17, 1992 July 27, 1991 Denbow & Wade 2400 block of Silvercrest, Grapevine, TX Undeclared Claimant alleges injuries and damages due to an accident that resulted in the death of her husband. Lorrie Lee Vick January 17, 1992 January 4, 1992 Northside, behind PS's (In alley) $368.64 - $407.00 Claimant alleges damages to vehicle as a result of actions taken by Police. Mid -Century Insurance Co. a/s/o, Leonard Baker January 22, 1992 November 14, 1991 Centennial Road $2,205.71 Claimant alleges damages to vehicle as the result of a water main exploding. Francey Petty January 22, 1992 January 15, 1992 Hulen Street, 4000 Block $80.00 Claimant alleges damages to vehicle as the result of hitting a piece concrete jutting up out of the street. It was the consensus of the City Council that the recommendation be adopted. 275 M&C OCS-382 There was presented Mayor and Council Communication No. OCS-383 from the Office of the Correspondence from City Secretary recommending that correspondence from Mrs. Nancy L. Ray, 2616 Sylvanglen, Mrs. Nanc L. Ray con- Burleson, Texas, regarding the alleged misleading location of "No Parking" signs in the cerning No Parking Stockyards area be referred to the Office of the City Manager. It was the consensus of the signs City Council that the recommendation be adopted. M&CG-9484 re payment of Upper pay There was presented Mayor and Council Communication No. G-9484 from the City Manager Trinity Basin stating that the City Council authorized the City Manager to execute the Trinity River Corridor Interlocal Agreement in May 1990 "In Pursuit of a Common Vision" with the North Central Texas Council of Government for the Upper Trinity Basin Feasibility Study; that the study is funded 50 percent by the Federal Government, 25 percent by the Texas Water Development Board and 25 percent by the local governments; that the Study, when completed, will focus on flooding, environmental, water quality, and recreational aspects of the Trinity River Corridor; that a cost sharing formula was endorsed by the Steering Committee of elected officials from the sponsoring local governments; that the City of Fort Worth's share under that formula for the second year of a five-year study is $98,930.00; that the Director of Fiscal Services certifies that funds for this expenditure are available in the current operating budgets, of the General Fund, the Water and Sewer Operating Fund and the current capital budget of the Special Trust Fund; and recommending that the City Council authorize the payment of $98,930.00 as the City of Fort Worth's share of the Feasibility Study of the Upper Trinity Basin for the period of October 1, 1991, through September 1, 1992. Assistant City Manager Mike Groomer re Assistant City Manager Mike Groomer appeared before the City Council and advised City M&C G-9484 Council that the payment of $98,930.00 is the secon & of three payments to be made for the Upper Trinity Basin Feasibility Study and advised Council that this item will be placed in next year's budget. Council Member Silcox made a motion, seconded by Council Member Chappell, that the recommendation be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-9485 re reappointed 11s. Brenda There was presented Mayor and Council Communication No. G-9485 from the City Manager W. Renfro to Personnel recommending that the City Council confirm his reappointment of Ms. Brenda W. Renfro to the Commission Personnel Commission for a full three year term. It was the consensus of the City Council that the recommendation be adopted. M&C G-9486 re approved settlement of There was presented Mayor and Council Communication No. G-9486 from the City Manager, lawsuit styled Dale as follows: Wayne Jones, Leslie Hughes Trucking, Inc. Intervenor Minutes of City Council T-3 Page 275 276 Tuesday, January 28, 1992 SUBJECT: SETTLEMENT OF LAWSUIT STYLED DALE WAYNE JONES, PLAINTIFF, LESLIE G-9486 cont. HUGHES TRUCKING, INC., INTERVENOR VS. CITY OF FORT WORTH ET AL, DEFENDANTS, CAUSE NO. 352-125833-90 (CONSOLIDATED ACTION) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached supplemental appropriations ordinance increasing appropriations in the Insurance Fund by $232,500 and reducing the Undesignated, Unreserved Fund Balance in the Insurance Fund by a like amount, and 2. Approve the below described settlement of the referenced lawsuit, and 3. Authorize the dismissal and/or release of any cross-claims, counterclaims and other claims necessary to complete the settlement, and 4. Authorize the expenditure of $232,500 and the payment of a portion of the taxable court costs, and 5. Authorize the appropriate City personnel to execute the documents necessary to complete the settlement. f7&WIRkAGP►c On or about August 8, 1989, Ronald C. Morin, deceased, was driving a motor vehicle at the intersection of Alta Vista Road and Golden Triangle Boulevard. It appears that the intersection was in an area annexed by the City of Fort Worth on or about July 19, 1988. It is alleged that Mr. Morin was northbound on Alta Vista and collided with an eastbound dump truck towing a trailer. The dump truck was being driven by Dale Wayne Jones. It is further alleged that northbound traffic on Alta Vista was ordinarily controlled by a stop sign, but that, at the time of the accident, the stop sign was down. In addition, it is alleged that weeds and other vegetation along fAlta Vista and Golden Triangle interfered with the ability of the drivers to see each other. Mr. Morin was killed in the collision, and Dale Wayne Jones claims to have suffered personal injuries. Sandra L. Morin, Mr. Morin's widow and the administratrix of his estate, has sued the City of Fort Worth and others in a survival action and in an alleged wrongful death case on behalf of all beneficiaries under the Texas Wrongful Death statute (in this case, Mrs. Morin, Mr. Morin's son and daughter and Mr. Morin's parents). Dale Wayne Jones has sued the City of Fort Worth and others for alleged personal injuries. There are also various other claims by or against certain of the parties to this case. That is partially due to the fact that this lawsuit actually consists of three (3) different lawsuits consolidated into one case. Other parties to the lawsuit include Tarrant County, Policy Management Systems Corp., d/b/a General Information Services (Mr. Morin's employer at the time of his death), Leslie Hughes Trucking, Inc. (Dale Wayne Jones' employer at the time of the collision and owner of the dump truck and trailer), and St. Paul Insurance Company (the Workers' Compensation insurance carrier for Mr. Morin's employer at the time of his death). With the assistance of Dispute Resolution Services of Tarrant County, Inc., an effort was made to settle the case. As a result of those settlement efforts, a tentative settlement, subject to approval of.the Fort Worth City Council and the Tarrant County Commissioners -Court; was agreed upon. Under the terms of the settlement, if approved, the City of Fort Worth would pay the total sum of $232,500 ($212,500 to the Morin Plaintiffs and their attorneys; and $20,000 to Dale Wayne Jones and his attorney) and a portion (approximately 50 percent) of the taxable court costs. This settlement will involve a complete release of any and all claims against the City. Also, the City will be required to release and/or dismiss any and all claims it may have against certain of the parties arising out the subject accident. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal -Services certifies that upon adoption of the supplemental appropriations ordinance, funds for this settlement will be available in the current operating budget of the Insurance Fund. M&C G-9486 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. G-9486, be adopted. Introduced an ordinance Council Member Puente introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Meadows. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Council Member Matson Minutes of City Council T-3 Page 276 Ordinance No. 11004 M&C G-9487 re settlement of inter- related claims M&C G-9487 adopted Introduced an Ordinance Ordinance No. 11005 277 Tuesday, January 28, 1992 The ordinance, as adopted, is as follows: ORDINANCE NO. 11004 AN ORDINANCE APPROPRIATING $232,500.00 TO THE INSURANCE FUND AND DECREASING THE UNRESTRICTED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT FOR THE PURPOSE OF SETTLING THE LAWSUIT STYLED DALE WAYNE JONES, PLAINTIFF, LESLIE HUGHES TRUCKING, INC., INTERVENOR VS. CITY OF FORT WORTH EL AL, DEFENDANTS, CAUSE NO. 352-125833-90 (CONSOLIDATED ACTION); PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OR PRIOR ORDINANCES AND REPEALING AL 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. There was presented Mayor and Council Communication No. G-9487 from the City Manager stating that Mr. Glenn Britt and the representativeslof the estates, heirs, survivors and beneficiaries of Mr. Michael S. Barnett and Mr. Larry J. Watkins filed claims for injuries and/or deaths that allegedly occurred when a light pole fell on March 21, 1991, in the Fort Worth Water Gardens; that, while admitting no liability in this matter, the Risk Management Department has negotiated with the parties and has agreed to a total net settlement of $499,298.54; that the Director of Fiscal Services certifies that upon adoption of the supplemental appropriations ordinance, the funds for this settlement will be available in the current operating budget of the Insurance fund; and recommending that the City Council: 1. Adopt the attached Supplemental Appropriations Ordinance increasing appropriations in the Insurance Fund by $499,298.54 and reducing the undesignated, unreserved Fund Balance in the Insurance Fund by a like amount. 2. Approve the settlement of the following interrelated claims: a. All claims arising from the personal injuries of Glenn A. Britt. b. All claims arising from the death of Michael S. Barnett. c. All claims arising from the death of Larry J. Watkins. 3. Authorize the total expenditure of $499,298.54 for the settlement of the above claims to be paid as follows: a. $14,298.54 for all claims arising from the personal injuries of Glenn A. Britt ($15,000 less $701.46 previously paid in advance by the City of Fort Worth to Mr. Britt's local medical providers). b. $242,500 for all claims arising from the death of Michael S. Barnett. c. $242,500 for all claims arising from the death of Larry J. Watkins. It was the consensus of the City Council that the recommendations be adopted. Council Member Puente introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Meadows. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Council Member Matson The ordinance, as adopted, is as follows: ORDINANCE NO. 11005 AN ORDINANCE APPROPRIATING $499,298.54 TO THE INSURANCE FUND AND DECREASING THE UNRESTRICTED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT FOR THE PURPOSE OF SETTLING CLAIMS ARISING FROM THE INJURY OR DEATH OF GLENN A. BRITT, MICHAEL S. BARNETT AND LARRY J. WATKINS; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OR PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Minutes of City Council T-3 Page 277 278 Tuesday, January 28, 1992 Ordinance No. 11005 cont. 11 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-9488 re work authorization There was presented Mayor and Council Communication No. G-9488 from the City Manager Main Street from recommending that a work authorization be authorized in accordance with AR3-3 for the 14th to Central Sanitary Sewer Replacement of L-631 and L-623 located in the alley west of Main Street from 14th to Central, for a total estimated project cost of $39,978.97, with funds available in the current operating budget, as appropriated, of the Water and Sewer Operating Fund. It was the consensus of the City Council that the recommendation be adopted. M&C G-9489 re There was presented Mayor and Council Communication No. G-9489 from the City Manager, railroad track as follows: consseparation p and grad(SUBJECT: RESOLUTION SUPPORTING THE PROPOSED RAILROAD GRADE SEPARATION OF separation project TOWER 55 NEAR DOWNTOWN FORT WORTH AT THE INTERSTATE 30/35W INTERCHANGE RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution in support of the proposed railroad track consolidation and grade separation project at Tower 55 near downtown Fort Worth. DTSCl1SS10N! The Southern Pacific, Union Pacific, Burlington Northern and Santa Fe Railroads have developed a mutually beneficial plan which consolidates rail facilities along the -southerly and easterly portions of the central business district. The plan calls for the at -grade crossing at Railroad Tower 55 to be grade separated which will allow the continuous movement of trains in the east-west,and the north -south directions. It also provides for a direct and complete interchange between the east -west and north -south mainline tracks. Substantial planning and coordination of this project with the Interstate 30/35W interchange project and the Railtran passenger corridor has occurred to assure that all projects are compatible. The Texas Department of Transportation and the City of Fort Worth understand that the railroad grade separation .project will effect the design and reconstruction of East Lancaster and the freeway ramps serving downtown from the east side. The Railroads will make every effort in their final design to minimize the impact on these facilities. Present plans also call for the north - to -east and the east -to -south bound switching tracks to cross East Vickery Drive at -grade just west of Interstate 35W; however, efforts will continue to be made to find an alternative to this less than desirable situation. The City Transportation and Public Works Department held a public meeting on December 13, 1991 concerning the Railroads' proposed plan. The intent of the meeting was to highlight the positive and negative impacts that this project would have on the balance of the infrastructure in this corridor and to solicit comments and concerns from interested parties. The meeting included representatives of Downtown Fort Worth Inc., Public Improvement District No. 3 and other interested citizens. The consensus of those attending the meeting was to support the railroad's efforts to consolidate their facilities and to grade separate the railroads at Tower 55. Support of this plan by the City Council will allow the Texas Department of Transportation to include provisions in its final design of the I30/35W interchange to accommodate the plan proposed by the Railroads. PROJECT COSTS AND FINANCING: Although there will likely be improvements that the City will want to accomplish within this significant transportation corridor, all costs for roadway modifications that are necessary due to the railroad interchange project are expected to be borne by the Railroads.. M&C G-9489 adopted lilt was the consensus of the City Council that the recommendation be adopted. Introduced a Resolution Council Member Puente introduced a resolution and made a motion that it be adopted. 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; Mayor Pro tempore Webber; Council Members Puente, Silcox, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Council Member Matson The resolution, as adopted, is as follows: Minutes of City Council T-3 Page 278 Resolution No. 1801 Tuesday, January 28, 1992 RESOLUTION NO. 1801 A RESOLUTION, CONCERNING THE PROPOSED RAILROAD GRADE SEPARATION AT TOWER 55 IN DOWNTOWN FORT WORTH NEAR THE INTERSTATE 30/35W INTERCHANGE WHEREAS, The Southern Pacific, the Union Pacific, the Burlington Northern and the Santa Fe Railroad Companies have developed a mutually beneficial railroad consolidation and grade separation plan for relieving the track congestion at Tower 55; and WHEREAS, The Texas Department of Transportation has reviewed the plan and can accommodate its completion in conjunction with the construction of the new I30/35W interchange; and WHEREAS, The Railtran corridor for passenger rail service by the T, Amtrak, the high speed T.G.V. and Tarantula can retain an exclusive alignment separate from the rail freight service; and WHEREAS, Such enhancements to the rail freight corridor in the City will provide a much more attractive picture for the development of rail supported manufacturing and distribution facilities; and WHEREAS, The Railroads have agreed to work with the City, the Texas Department of Transportation and Railtran in making every effort to minimize the impact of the new rail facility on the streets, freeways and other multi -modal transportation facilities; and WHEREAS, The operation of a more efficient railroad system will reduce the congestion and thus, air pollution of trains and autos at existing grade crossings in the surrounding area; and WHEREAS, The City has held a public meeting presenting the plan, discussing the impacts and soliciting input from the attendees; and WHEREAS, All attendees of the public meeting expressed unanimous support for the future construction of the railroad consolidation and grade separation plan for Tower 55; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: Section 1. That the City Council supports the completion of the I30/I35W Freeway Interchange project as soon as possible; and Section 2. That the City Council supports the Railroads' future program for constructing the Track Consolidation and Grade Separation Plan at Tower 55 relieving the delay and congestion of trains and vehicles located southeast of the Fort Worth Central Business District; and Section 3. That the City Council support is contingent upon the Railroads' project providing for the continuation of all existing and currently planned roadway connections to and from the Fort Worth Central Business District identified in the Texas D.O.T.'s I30/35W Freeway Interchange project; and Section 4. That the:City Council's support is further contingent upon the Railroads' continuing to study alternatives that would eliminate the need for an at -grade crossing of the north to east and the east to south switching tracks at east Vickery Boulevard. 279 M&C G-9490 re There was presented Mayor and Council Communication No. G-9490 from the City Manager improvements to stating that the 1986 Capital Improvement Program included funds for the improvement of Cannon Street from Cannon Street from Virginia Avenue to Exeter Street; that the street is in the Near Virginia Avenue to Southeast Target Area and has never previously been constructed to City standards; that Exeter Street cont. Community Development Block Grant funds will provide a portion of the construction cost; for on week that the project is located in Council District 8 and the total estimated cost of the assessment is $228,690.00; and recommending that the City Council: 1. Declare the necessity for and order the improvements to Cannon Street from Virginia Avenue to Exeter Street, and 2. Authorize the assessment of a portion of the cost of the improvements to Cannon Street against the owners of the abutting property, and 3. Approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate, and 4. Establish March 3, 1992, as the date of benefit hearing, and 5. Authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes. Minutes of City Council T-3 Page 279 Tuesday, January 28, 1992 M&C G-9490 cont. Mayor Pro tempore Webber made a motion, seconded by Council Member Meadows, that consideration of Mayor and Council Communication No. G-9490 be continued for one week. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-9491 re There was presented Mayor and Council Communication No. G-9491 from the City Manager, General Purpose Bonds as follows: Series 1992 SUBJECT: SALE OF $18,060,000 CITY OF FORT WORTH, TEXAS, GENERAL PURPOSE BONDS SERIES 1992 RECOMMENDATION: It is recommended: 1. That the City Council adopt Ordinance No. 11003 providing for the issuance of $18,060,000 City of Fort Worth, Texas, General Purpose Bonds, Series 1992, approving the "Notice of Sale and Bidding Instructions", "Official Bid Form" and "Official Statement" prepared in connection with the issuance of $18,060,000 City of Fort Worth, Texas, General Purpose Bonds, Series 1992. 2. That the $18,060,000 City of Fort Worth, Texas, General Purpose Bonds, Series 1992, be sold to Rauscher Pierce Refsnes'. Inc. bidder offering the lowest interest cost, $11,420,780.73 at an average effective interest rate of 5.934486..,. nTSMISSTON Bids for $18,060,000 City of Fort Worth, Texas, General Purpose Bonds, Series 1992, were received today (Tuesday, January 28, 1992) at 10:00 a.m. A summary of the average annual effective rate for the bids is shown below: Rauscher Pierce Refsnes, Inc. 5.934486 Merrill Lynch & Co. 5.938137 Kidder, Peabody & Company 5.955849 Fist Chicago Capital Markets, Inc. 5.9591 Clayton Brown & Associates, Inc. 6.0140 NationsBank Capital Markets, Inc. 6.040239 Mr. Judson Bailiff re Mr. Judson Bailiff, Director of Fiscal Services Department, appeared before the City M&C G-9491 Council and advised Council that six bids were opened at 10:00 a.m. on this morning and that staff is recommending that City Council approve the sale of bonds to Rauscher Pierce Refsnes, Inc., at a rate of 5.934486; and advised City Council that this amount of $18,060,000.00 does include the renovations for the library. Council Member Chappel' Council Member Chappell advised Council that he has a stock broker account with one re M&C G-9491 abstain of the firms listed on Mayor and Council Communication No. G-9491 and requested permission from voting of the City Council to abstain from voting. Council Member Meadows made a motion, seconded by Council Member Silcox, that Council Member Chappell be permitted to abstain from voting on Mayor and Council Communication No. G-9491. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Meadows made a motion, seconded by Council Member Silcox, that the recommendations, as contained in Mayor and Council Communication No. G-9491, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, McCray, Woods, and Meadows NOES: None ABSENT: Council Member Matson NOT VOTING: Council Member Chappell Introduced an Ordinance Council Member Meadows introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Silcox. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, McCray, Woods, and Meadows NOES: None ABSENT: Council Member Matson NOT VOTING: Council Member Chappell The ordinance, as adopted, is as follows: Minutes of City Council T-3 Page 280 Ordinance No. 11003 Tuesday, January 28, 1992 ORDINANCE NO. 11003 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF EIGHTEEN MILLION SIXTY THOUSAND DOLLARS ($18,060,000) OF THE GENERAL PURPOSE BONDS, SERIES 1992, OF THE CITY OF FORT WORTH, TEXAS, BEARING INTEREST AT THE RATES HEREINAFTER SET FORTH, AND PROVIDING FOR THE LEVY, ASSESSMENT AND COLLECTION OF A TAX SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AND TO CREATE A SINKING FUND FOR THE REDEMPTION THEREOF AT MATURITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING THAT THIS ORDINANCE SHALL BE IN FORCE AND EFFECT FROM AND AFTER THE DATE OF ITS PASSAGE. WHEREAS, it is deemed advisable and to the best interest of the City of Fort Worth that certain general purpose bonds authorized at elections previously held in said City be combined in a single issue and sold at this time, the dates of election, amount of bonds authorized thereat, purpose, amount of bonds previously sold, and the amount now to be sold being as follows: AMOUNT DATE OF AMOUNT PREVIOUSLY AMOUNT ELECTION AUTHORIZED PURPOSE SOLD NOW OFFERED May 22, 1982 $ 77,285,000 Street Impr. $ 75,850,000 $ 1,200,000 March 22, 1986 115,600,000 Street Irrpr. 105,005,500 4,860,000 March 22, 1986 10,000,000 Library Imp. 2,495,000 4,875,000 March 22, 1986 5,750,000 Pub. Safety Irrpr. 5,110,000 -0- March 22, 1986 16,650,000 Park & Rec. I pr. 15,521,500 -0- July 10, 1990 20,000,000 Street Impr. 730,000 7,125,000 2009 245,285,000 2001 $204,712,000 $18,060,000 WHEREAS, it is deemed advisable and to the best interest of the City that the bonds to be sold pursuant to the aforesaid elections be sold at this time, pursuant to the laws of the State of Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 1. That the bond or bonds of the City of Fort Worth, Texas (the "City" or the "Issuer") to be called "General Purpose Bonds, Series 1992" (the "Series 1992 Bonds"), be issued under and by virtue of the Constitution and laws of the State of Texas and the Charter of said City for the following purposes, to -wit: One Million Two Hundred Thousand Dollars ($1,200,000) for the purpose of constructing permanent street and storm sewer improvements by reconstructing, restructuring and extending the streets, thoroughfares, collectors and storm drains in said City, and related street and storm sewer improvements (1982 Election); Four Million Eight Hundred Sixty Thousand Dollars ($4,860,000) for the purpose of constructing permanent street and storm sewer improvements by resurfacing, restructuring and extending the streets, thoroughfares, collectors and storm drains in said City, and related street and storm sewer improvements (1986 Election); Seven Million One Hundred Twenty -Five Thousand Dollars ($7,125,000) for the purpose of constructing permanent street and storm sewer improvements by resurfacing, restructuring and extending the streets, thoroughfares, collectors and storm drains in said City, and related street and storm sewer improvements (1990 election); and Four Million Eight Hundred Seventy -Five Thousand Dollars ($4,875,000) for the purpose of making improvements to the Central Library and expanding the City's library system by constructing an East Regional Library and a Diamond Hill Branch Library; all of which bonds aggregate in principal amount the sum of Eighteen Million Sixty Thousand Dollars ($18,060,000.00). 2. That the Series 1992 Bonds shall be dated January 15, 1992, shall be in the denomination of $5,000 each, or any integral multiple thereof, shall be numbered consecutively from R-1 upward, and shall mature on the maturity date, in each of the years, and in the amounts, respectively, as set forth in the following schedule: MATURITY DATE! MARCH 1 YEARS AMOUNTS ($) YEARS AMOUNTS ($) 1994 1,000,000 2003 1,000,000 1995 1,000,000 2004" 1,000,000 1996 1,000,000 2005 1,000,000 1997 1,000,000 2006 1,000,000 1998 1,000,000 2007 1,000,000 1999 1,000,000 2008 1,000,000 2000 1,000,000 2009 1,000,000 2001 1,000,000 2010 1,000,000 2002 1,000,000 2011 1,060,000 3. The City reserves the right to redeem the Series 1992 Bonds maturing on or after March 1, 2002, in whole or in part, on March 1, 2001, or on any date thereafter, for the principal amount thereof plus accrued interest thereon to the date fixed for redemption. The years of maturity of the Series 1992 Bonds called for redemption at the option of the City prior to stated maturity shall be selected by the City. The Series 1992 Bonds or portions thereof redeemed Minutes of City Council T-3 Page 281 281 282 Tuesday, January 28, 1992 within a maturity shall be selected by lot or other method by the Paying Ordinance No. 11003 It. Agent/Registrar (hereinafter defined). 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, first-class postage prepaid, addressed to each such 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 (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 (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 Series 1992 Bond, 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 Series 1992 Bonds. 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 Series 1992 Bonds or the portions thereof which are 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, the Series 1992 Bonds or the portions thereof which are to be so redeemed, thereby automatically shall be redeemed prior to their scheduled maturities, and shall not bear interest after the date fixed for their redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest to the date fixed for redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the -registration books all such redemptions of principal of the Series 1992 Bonds or any portion thereof. If a portion of any Series 1992 Bond shall be redeemed a substitute Series 1992 Bond or Series 1992 Bonds having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in an aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the City, all as provided in this Ordinance. 4. That the Series 1992 Bonds scheduled to mature during the years, respectively, set forth below shall bear interest at the following rates per annum: Bonds maturing in the year 1994, 7.50% Bonds maturing in the year 1995, 7.50% Bonds maturing in the year 1996, 7.50% Bonds maturing in the year 1997, 7.50% Bonds maturing in the year 1998, 7.50% Bonds maturing in the year 1999, 7.50% Bonds maturing in the year 2000, 7.50% Bonds maturing in the year 2001, 7.50% Bonds maturing in the year 2002, 5.70% Bonds maturing in the year 2003, 5.80% Bonds maturing in the year 2004, 5.90% Bonds maturing in the year 2005, 6.00% Bonds maturing in the year 2006, 6.00% Bonds maturing in the year 2007, 6.00% Bonds maturing in the year 2008, 6.00% Bonds maturing in the year 2009, 5.10% Bonds maturing in the year 2010, 4.50% Bonds maturing in the year 2011, 4.50% Said interest shall be payable to the registered owner of any such Series 1992 Bond in the manner provided and on the dates stated in the FORM OF BOND set forth in this Ordinance. 5. (a) The City 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 of the registration and transfer of the Series 1992 Bonds (the "Registration Books"), and the City hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such transfers and registrations under such reasonable regulations as the City and Paying Agent/ - Registrar may prescribe; and the Paying Agent/Registrar shall make such transfers and registrations as herein provided. It shall be the duty of the Paying Agent/Registrar to obtain from the registered owner and record in the Registration Books the address of such registered owner of each bond to which payments with respect to the Series 1992 Bonds shall be mailed, as herein provided. The City or its designee shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. Registration of each Series 1992 Bond may be transferred in the Registration Books only upon presentation and surrender of such bond 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 bond, or any portion thereof in any integral Minutes of City Council T-3 Page 282 233 Tuesday, January 28, 1992 multiple of $5,000, to the assignee or assignees thereof, and the right of such Ordinance No. 11003 assignee or assignees to have such bond or any such portion thereof registered cont. in the name of such assignee or assignees. Upon the assignment and transfer of any Series 1992 Bond or any portion thereof, a new substitute bond or bonds shall be issued in exchange therefor in the manner herein provided. (b) The entity in whose name any Series 1992 Bond shall be registered in the Registration Books at any time shall be treated as the absolute owner thereof for all purposes of this Ordinance, whether or not such bond shall be overdue, and the City and the Paying Agent/Registrar shall not be affected by any notice to the contrary; and payment of, or on account of, the principal of, premium, if any, and interest on any such bond shall be made only to such registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sum or sums so paid. (c) The City hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Series 1992 Bonds, and to act as its agent to exchange or replace Series 1992 Bonds, 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 Series 1992 Bonds, and of all exchanges thereof, and all replacements thereof, as provided in this Ordinance. (d) Each Series 1992 Bond may be exchanged for fully registered bonds in the manner set forth herein. Each bond 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 satis- factory to the Paying Agent/Registrar, at the option of the registered owner or such assignee or assignees, as appropriate, be exchanged for fully registered bonds, without interest coupons, in the form prescribed in the FORM OF BOND set forth in this Ordinance, in the denomination of $5,000, or any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute bond shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees, in an aggregate principal amount equal to the unredeemed principal amount of any Series 1992 Bond or Series 1992 Bonds so surrendered, and payable to the appropriate registered owner, assignee, or assignees, as the case may be. If a portion of any Series 1992 Bond shall be redeemed prior to its scheduled maturity as provided herein, a substitute bond or bonds 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 sur- render thereof for cancellation. If any Series 1992 Bond or portion thereof is assigned and transferred, each bond issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the bond for which it is being exchanged. Each substitute bond shall bear a letter and/or number to distinguish it from each other bond. The Paying Agent/Registrar shall exchange or replace Series 1992 Bonds as provided herein, and each fully registered bond or bonds delivered. in exchange for or replacement of any Series 1992 Bond or portion thereof as permitted or required by any provision of this Ordinance shall constitute one of the Series 1992 Bonds for all purposes of this Ordinance, and may again be exchanged or replaced. It is specifically provided, however, that any Series 1992 Bond delivered in exchange for or replacement of another Series 1992 Bond prior to the first scheduled interest payment date on the Series 1992 Bonds (as stated on the face thereof) shall be dated the same date as such Series 1992 Bond, but each substitute bond 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 bond is delivered, unless such substitute bond is delivered on an interest payment date, in which case it shall be dated as of such date of delivery; provided, however, that if at the time of delivery of any substitute bond the interest on the bond for which it is being exchanged has not been paid, then such substitute bond shall be dated as of the date to which such interest has been paid in full. On each substitute bond issued in exchange for or replacement of any Series 1992 Bond or Series 1992 Bonds 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 BOND set forth in this Ordinance. An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such substitute bond, date such substitute bond in the manner set forth above, and manually sign and date such Certificate, and no such substitute bond shall be deemed to be issued or outstanding unless such Certificate is so executed. The Paying Agent/Registrar promptly shall cancel all Series 1992 Bonds 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 Series 1992 Bond or portion hereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute bonds in the manner prescribed herein, and said bonds shall be of type composition printed on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to Article 717k-6; V.A.T.C.S., and particularly Section 6 thereof, the duty of exchange or replacement of any Series 1992 Bond 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 bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Series 1992 Bonds which originally were delivered pursuant Minutes of City Council T-3 Page 283 284 Tuesday, January 28, 1992 to this Ordinance, approved by the Attorney General, and registered by the Ordinance No. 11003 Comptroller of Public Accounts. Neither the City nor the Paying Agent/Registrar cont. shall be required (1) to issue, transfer, or exchange any bond during a period beginning at the opening of business 30 days before the day of the first mailing of a notice of redemption of bonds and ending at the close of business on the day of such mailing, or (2) to transfer or exchange any bond so selected for redemption in whole when such redemption is scheduled to occur within 30 calendar days. (e) All Series 1992 Bonds issued in exchange or replacement of any other Series 1992 Bond or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Series 1992 Bonds 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 Series 1992 Bonds, (v) shall have the characteristics, (vi) shall be signed and sealed, -and (vii) the principal of and interest on the Series 1992 Bonds shall be payable, all as provided, and in the manner required or indicated, in the FORM OF BOND 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 Series 1992 Bonds, but the registered owner of any Series 1992 Bond requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The registered owner of any Series 1992 Bond requesting any exchange shall pay the Paying Agent/ Registrar's reasonable and standard or customary fees and charges for exchanging any such bond or portion thereof, together with any taxes or 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 bond or bonds 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 Series 1992 Bond 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 Series 1992 Bonds that it will ( i) pay the reasonable and standard or customary fees and charges of the Paying Agent/Registrar for its services with respect to the payment of the principal of and interest on the Series 1992 Bonds, when due, and (ii) pay the fees and charges of the Paying Agent/Registrar for services with respect to the transfer or registration of Series 1992 Bonds solely to the extent above provided, and with respect to the exchange of Series 1992 Bonds solely to the extent above provided. (g) The City covenants with the registered owners of the Series 1992 Bonds that at all times while the Series 1992 Bonds 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 Series 1992 Bonds under this Ordinance, and that the Paying Agent/Registrar will be one entity. The City reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 60 days written notice to the Paying Agent/Registrar. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the City covenants that promptly it will appoint a competent and legally qualified national or state banking institution which shall be a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers, subject to supervision or examination by federal or 'state authority, and whose 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 Series 1992 Bonds, 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 Series 1992 Bonds, 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) (i) In addition to the manner of providing notice of redemption of Series 1992 Bonds as set forth in this Ordinance, the Paying Agent/Registrar shall give notice of redemption of Series 1992 Bonds by United States 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 Series 1992 Bonds, 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 owner of any Series 1992 Bond who has not sent the Series 1992 Bonds in for redemption sixty (60) days after the redemption date. Minutes of City Council T-3 Page 284 285 Tuesday, January 28, 1992 (ii) Each redemption notice, whether required in the FORM OF BOND or Ordinance No. otherwise by this Ordinance, shall contain a description of the Series 1992 11003 cont. Bonds to be redeemed, including the complete name of the Series 1992 Bonds, 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 Series 1992 Bond 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 Series 1992 Bonds shall include CUSIP numbers relating to each amount paid to such registered owner. 6. The form of all Series 1992 Bonds, including the form of the Comptroller's Registration Certificate to accompany the Series 1992 Bonds on the initial delivery thereof, the form of Paying Agent/Registrar's Authentication Certificate, and the Form of Assignment to be printed on each of the Series 1992 Bonds, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance. NO. FORM OF BOND UNITED STATES OF AMERICA STATE OF TEXAS COUNTIES OF TARRANT AND DENTON CITY OF FORT WORTH, TEXAS GENERAL PURPOSE BOND SERIES 1992 MATURITY DATE INTEREST RATE ORIGINAL ISSUE DATE CUSIP January 15, 1992 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 its redemption prior to scheduled maturity, at the rate of interest per annum specified above, with said interest being payable on March 1, 1993, and semiannually on each September 1 and March 1 thereafter; except that if the Paying Agent/Registrar's Authentication Certificate appearing on the face of this Bond is dated later than March 1, 1993, such interest is payable semiannually on each September 1 and March 1 following such date. THE TERMS AND PROVISIONS of this Bond are continued on the reverse side hereof and shall for all purposes have the same effect as though fully set forth at this place. *THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Bond shall be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity or 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 Bond. The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof as shown by the Registration Books kept by the Paying Agent/Registrar at the close of business on the 15th day of the month next preceding such interest payment date by check, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof at its address as it appears on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. Any accrued interest due at maturity or upon redemption of this Bond prior to maturity as provided herein shall be paid to the registered owner upon presentation and surrender of this Bond for redemption and payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Bond that no later than each principal payment and/or interest payment date for this Bond it will make available to the Paying Agent/Registrar from the Interest and Redemption Fund as defined by the ordinance authorizing the Bonds (the "Ordinance") the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due. *IN THE EVENT OF A 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 Minutes of City Council T-3 Page 285 Tuesday, January 28, 1992 Record Date) shall be sent at least five business days prior to the Special Ordinance No. 11003 Record Date by United States mail, first class postage prepaid, to the address cont. of each registered owner of a Bond appearing on the registration books of 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 Bond shall be a Saturday, Sunday, a legal holiday, or, a day on which banking institutions in the city where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. *THIS BOND is one of a Series of Bonds of like tenor and effect except as to number, principal amount, interest rate, maturity and option of redemption, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of 118,060,000, for the following purposes, to -wit: $13,185,000 for improving and extending streets, thoroughfares and storm drains; and $4,875,000 for library improvements. *ON MARCH 1, 2001, or on any date thereafter, the Bonds of this Series maturing on March 1, 2002 and thereafter may be redeemed prior to their scheduled maturities, at the option of the Issuer, in whole, or in part, at par and accrued interest to the date fixed for redemption. The years of maturity of the Bonds called for redemption at the option of the City prior to stated maturity shall be selected by the City. The Bonds 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 Bond 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 thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Bond, and the Ordinance provides that the publication of notice as described in (b) above shall be the only notice actually required in the connection with or as a prerequisite to the redemption of any Bond. By the date fixed for any such redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required redemption price for this Bond or the portion hereof which is to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such notice of redemption is given,'and if due provision for such payment is made, all as provided above, this Bond, or the portion hereof which is to be so redeemed, thereby automatically shall be redeemed prior to its scheduled maturity, and shall not bear interest after the date fixed for its redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest to the date fixed for redemption from the Paying Agent/Registrar out of the funds pro- vided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such redemptions of principal of this Bond or any portion hereof. If a portion of any Bond shall be redeemed a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Ordinance. *ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Ordinance, this Bond, or any unredeemed portion hereof, may, at the request of the registered owner or the assignee or assignees hereof, be assigned, transferred, and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Ordinance. Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. The form of Assign- ment printed or endorsed on this Bond may be executed by the registered owner to evidence the assignment hereof, but such method is not exclusive, and other instruments of assignment satisfactory to the Paying Agent/Registrar may be used Minutes of City Council T-3 Page 286 287 Tuesday, January 28, 1992 to evidence the assignment of this Bond or any portion or portions hereof from Ordinance No. 11003 time to time by the registered owner. The one requesting such exchange shall cont. pay the Paying Agent/Registrar's reasonable standard or customary fees and charges for exchanging any Bond or portion thereof. The foregoing notwithstanding, in the case of the exchange of a portion of a Bond which has been redeemed prior to maturity, as provided herein, and in the case of the exchange of an assigned and transferred Bond or Bonds or any portion or portions thereof, such fees and charges of the Paying Agent/Registrar will be paid by the Issuer. In any circumstance, any taxes or governmental charges required to be paid with respect thereto shall be paid by the one requesting such assignment, transfer, or exchange as a condition precedent to the exercise of such privilege. In any circumstance, neither the Issuer nor the Paying Agent/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 redemption of bonds and ending at the close of business on the day of such mailing, or (2) to transfer or exchange any Bonds so selected for redemption when such redemption is scheduled to occur within 30 calendar days. *IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owners of the Bonds. *IT IS HEREBY CERTIFIED AND RECITED that the issuance of this Bond, and the series of which it is a part, is duly authorized by law; that the bonds were approved by a vote of the resident, qualified electors of the City of Fort Worth, Texas, voting at elections held for that purpose within said City on May 22, 1982, March 22, 1986 and July 10, 1990; that all acts, conditions and things required to be done precedent to and in the issuance of this series of bonds, and of this bond, have been properly done and performed and have happened in regular and due time, form and manner as required by law; that sufficient and proper provision for the levy and collection of taxes has been made, which, when collected, shall be appropriated exclusively to the payment of this bond and the series of which it is a part; and that the total indebtedness of said City of Fort Worth, Texas, including the entire series of bonds of which this is one, does not exceed any constitutional, statutory or charter limitation. *BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Ordinance constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, this Bond has been signed with the manual or facsimile signature of the Mayor of said City, attested with the manual or facsimile signature of the acting City Secretary and approved as to form and legality with the manual or facsimile signature of the City Attorney, and the official seal of the Issuer has been duly affixed to, or impressed, or placed in facsimile, on this Bond. ATTEST: xxxxxxxxxxxxxx xxxxxxxxxxxx Assistant City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: (SEAL) xxxxxxxx City Attorney FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been issued under the provisions of the proceedings adopted by the Issuer as described in the text of this Bond; and that this Bond has been issued in conversion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Dated: AMERITRUST TEXAS NATIONAL ASSOCIATION, Paying Agent/Registrar By Authorized Representative Minutes of City Council T-3 Page 287 288 Tuesday, January 28, 1992 * FORM OF ASSIGNMENT: Ordinance No. 11003 cont. 11 ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto Please insert Social Security or Taxpayer Identification Number of Transferee Please print or typewrite name and address, including zip code of Transferee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to register the transfer of the within Bon on t e books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signatures crust be guaranteed by a manber firm of the New York Stock Exchange or a co mrcial bank or trust carpany. NOTICE: The signature above mast correspond with the name of the Registered Owner as it appears upon the front of this Bond in every particular, without alteration or enlarge- ment or any change whatsoever. ** FORM OF COMPTROLLER'S CERTIFICATE (ATTACHED TO THE BONDS 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 Bond has been examined by him as required by law, and that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas, and that it is a valid and binding obligation of the City of Fort Worth, Texas, payable in the manner provided by and in the ordinance authorizing same, and said Bond has this day been registered by me. WITNESS MY HAND and seal of office at Austin, Texas (SEAL) Comptroller of Public Accounts of the State of Texas NOTE TO PRINTER: *tis to be on reverse side of bond **9 not to be on bond The printer of the Series 1992 Bonds is hereby authorized to print on the Series 1992 Bonds (i) the form of bond counsel's opinion relating to the Series 1992 Bonds, and (ii) an appropriate statement of insurance furnished by a municipal bond insurance company providing municipal bond insurance, if any, covering all or any part of the Series 1992 Bonds. 7. That a special fund or account, to be designated the "City of Fort Worth, Texas Series 1992 Bonds Interest and Redemption Fund" is hereby created and shall be established and maintained by said City at its official depository bank. Said Interest and Redemption Fund shall be kept separate and apart from all other funds and accounts of said City, and shall be used only for paying the interest on and principal of the Series 1992 Bonds. All taxes levied and collected for and on account of the Series 1992 Bonds shall be deposited, as collected, to the credit of said Interest and Redemption Fund. During each year while any of the Series 1992 Bonds is outstanding and unpaid, the City Council of said City shall compute and ascertain the rate and amount of ad valorem tax, based on the latest approved tax rolls of said City, with full allowances being made for tax delinquencies and costs of tax collections, which will be sufficient to raise and produce the money required to pay the interest on the Series 1992 Bonds as such interest comes due, and to provide a sinking fund to Minutes of City Council T-3 Page 288 O Tuesday, January 28, 1992 pay the principal of the Series 1992 Bonds as such principal matures, but never Ordinance No. 11003 less than 2% of the original principal amount of the Series 1992 Bonds as a cont. sinking fund each year. Said rate and amount of ad valorem tax is hereby ordered to be levied and is hereby levied against all taxable property in said City for each year while any of the Series 1992 Bonds is outstanding and unpaid, and said ad valorem tax shall be assessed and collected each such year and deposited 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 the Series 1992 Bonds, as such interest comes due, and such principal matures, are hereby pledged for such purpose, within the limit prescribed by law. 8. (a) In the event any outstanding Series 1992 Bond is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new bond of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Series 1992 Bond, in replacement for such Series 1992 Bond in the manner hereinafter provided. (b) Application for replacement of damaged, mutilated, lost, stolen, or destroyed Series 1992 Bonds shall be made to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Series 1992 Bond, the applicant for a replacement bond shall furnish to the City and to the Paying Agent/Registrar such security or indemnity as may be required by 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 Series 1992 Bond, the applicant shall furnish to the City and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Series 1992 Bond, as the case may be. In every case of damage or mutilation of a Series 1992 Bond, the applicant shall surrender to the Paying Agent/Registrar for cancellation the Series 1992 Bond so damaged or mutilated. (c) Notwithstanding the foregoing provisions of this Section, in the event any such Series 1992 Bond 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 Series 1992 Bond, the City may authorize the payment of the same (without surrender thereof except in the case of a damaged or muti- lated Series 1992 Bond) instead of issuing a replacement Series 1992 Bond, provided security or indemnity is furnished as above provided in this Section. (d) Prior to the issuance of any replacement bond, the Paying Agent/Registrar shall charge the owner of such Series 1992 Bond with all legal, printing, and other expenses in connection therewith. Every replacement bond issued pursuant to the provisions of this Section by virtue of the fact that any Series 1992 Bond is lost, stolen, or destroyed shall constitute a contractual obligation of the City whether or not the lost, stolen, or destroyed Series 1992 Bond 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 Series 1992 Bonds duly issued under this Ordinance. (e) In accordance with Section 6 of Vernon's Ann. Tex. Civ. St. Art. 717k-6, this Section of this Ordinance shall constitute authority for the issuance of any such replacement bond without necessity of further action by the governing body of the City or any other body or person, and the duty of the replacement of such bonds is hereby authorized and imposed upon the Paying Agent/Registrar, subject to the conditions imposed by this Section 8 of this Ordinance, and the Paying Agent/Registrar shall authenticate and deliver such bonds in the form and manner and with the effect, as provided in Section 5(d) of this Ordinance for Series 1992 Bonds issued in exchange for other Series 1992 Bonds. 9. That the Mayor of the City is hereby authorized to have control of the Series 1992 Bonds and all necessary records and proceedings pertaining to the Series 1992 Bonds 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 Series 1992 Bonds, said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate accompanying the Series 1992 Bonds, and the seal of said Comptroller shall be impressed, or placed in facsimile, on each such certificate. 10. That the sale of the Series 1992 Bonds to , at a price of par and accrued interest on the Bonds to the date of delivery, plus a premium of $ , is hereby authorized, ratified and confirmed. The Series 1992 Bonds were sold pursuant to the terms of a "Notice of Sale and Bidding Instructions", "Official Bid Form" and "Official Statement", the use of which documents, a true and correct copy of each such document is attached hereto, is hereby approved. 11. The Issuer covenants to take any action to assure, or refrain from any action which would adversely affect, the treatment of the Series 1992 Bonds as obligations described in section 103 of the Internal Revenue Code of 1986 (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 Series 1992 Bonds (less amounts deposited to a reserve Minutes of City Council T-3 Page 289 290 Tuesday, January 28, 1992 fund, if any) are used for any "private business use," as defined in Ordinance No. 11003 section 141(b)(6) of the Code or, if more than 10 percent of the proceeds cont, are so used, that amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Series 1992 Bonds, 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 Series 1992 Bonds (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 Series 1992 Bonds (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 Series 1992 Bonds 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 Series 1992 Bonds, 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 Series 1992 Bonds, 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 Series 1992 Bonds, other than investment property acquired with -- (1) proceeds of the Series 1992 Bonds 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 Series 1992 Bonds; (g) to otherwise restrict the use of.the proceeds of the Series 1992 Bonds or amounts treated as proceeds of the Series 1992 Bonds, as may be necessary, so that the Series 1992 Bonds 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 Series 1992 Bonds) 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 Series 1992 Bonds 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 Series 1992 Bonds. 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 Series 1992 Bonds, 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 Series 1992,Bonds 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 Series 1992 Bonds, 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 Series 1992 Bonds 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 Minutes of City Council T-3 Page 290 291 Tuesday, January 28, 1992 the Code, and to make such elections on behalf of the City which may be Ordinance No. permitted by the Code, as are consistent with the purpose for the issuance of 11003 cont. 11 the Series 1992 Bonds. In order to facilitate compliance with the above covenants (g), (h), and (i), a "Rebate Fund" is hereby established by the City for the sole benefit of the United States of America, and such Fund shall not be subject to the claim of any other person, including without limitation the bondholders. The Rebate Fund is established for the additional purpose of compliance with section 148 of the Code. 12. Interest earnings derived from the investment of proceeds from the sale of the Series 1992 Bonds shall be used along with other bond proceeds for the construction of the permanent improvements set forth in Section 1 hereof for which the Series 1992 Bonds are issued; provided that after completion of such permanent improvements, if any of such interest earnings remain on hand, such interest earnings shall be deposited in the Interest "and Redemption Fund. It is further provided, however, that any interest earnings on bond proceeds which are required to be rebated to the United States of America pursuant to Section 11 hereof in order to prevent the Series 1992 Bonds from being arbitrage bonds shall be so rebated and not considered as interest earnings for the purposes of this Section. 13. The Series 1992 Bonds initially shall be issued and delivered in such manner that no physical distribution of the Series 1992 Bonds will be made to the public, and The Depository Trust Company ("DTC"), New York, New York, initially will act as depository for the Series 1992 Bonds. 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 Series 1992 Bonds 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 Series 1992 Bonds on behalf of the Purchaser and its participants. So long as each Series 1992 Bonds 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 Series 1992 Bonds 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 Series 1992 Bonds initially deposited with DTC shall be immobilized and not be further exchanged for substitute Series 1992 Bonds 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 Series 1992 Bonds. 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 Series 1992 Bonds, 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 Series 1992 Bonds is duly filed with the Paying Agent/Registrar with proper request for transfer and substitution, as provided for in this Ordinance, substitute Series 1992 Bonds 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 Series 1992 Bonds. In connection with the initial establishment of the foregoing book -entry system with DTC, the Mayor and the City Manager are authorized to execute a "Letter of Representation" prepared by DTC in order to implement the book -entry system described above. 14. 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. 15. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. 16. That 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. 17. It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Article 6252-17, Vernon's Annotated Texas Civil Statutes, as amended. Mayor, City of Fort Worth, Texas Minutes of City Council T-3 Page 291 292 Ordinance No. 11003 cont. Tuesday, January 28, 1992 ATTEST: Assistant City Secretary, City of Fort Worth, Texas APPROVED AS TO FORM AND LEGALITY: City Attorney, City of Fort Worth, Texas THE STATE OF TEXAS COUNTIES OF TARRANT AND DENTON CITY OF FORT WORTH I, Gloria Pearson, Assistant City Secretary of the City of Fort Worth, in the State of Texas, do hereby certify that I have compared the attached and foregoing excerpt from the minutes of the regular, open, public meeting of the City Council of the City of Fort Worth, Texas,held on January.28, 1992, and of Ordinance No. which was duly passed at said meeting, and that said copy is a true and correct copy of said excerpt and the whole of said ordinance. In testimony whereof, I have set my hand and have hereunto affixed the seal of said City of Fort Worth, this 28th day of January, 1992. Assistant City Secretary of the City of Fort Worth, Texas (SEAL) 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 Bond has been examined by him as required by law, and that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas, and that it is a valid and binding obligation of the City of Fort Worth, Texas, payable in the manner provided by and in the ordinance authorizing same, and said Bond has this day been registered by me. WITNESS MY HAND and seal of . office at Austin, Texas Comptroller of Public Accounts of (SEAL) the State of Texas M&C P-5447 re There was presented Mayor and Council Communication No. P-5447 from the City Manager sale to City of stating that R.G. Mackey, Acting Chief of Police for the City of Sansom Park, has requested Sansom Park that the City of Fort Worth sell to them a 1983 Dodge Ram pickup that is surplus equipment and scheduled for auction in June of 1992; that the price was determined by the average sale price of comparable Dodge pickups at the last auction in June of 1991 for an average sale price of $550.00; stating 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 sale of one 1983 Dodge half -ton pickup to the City of Sansom Park for a total amount of $600.00 be authorized. It was the consensus of the City Council that the recommendation be adopted. M&C P-5448 re purchase agreement There was presented Mayor and Council Communication No. P-5448 from the City Manager with Waste Management stating that, on February 19, 1991, Mayor and Council Communication No. P-4751 was passed with a one year renewal option for a purchase agreement for landfill service at Eastside Landfill and Westside Landfill; that, due to new state regulations, the new rate will be 3.20 per cubic yard and .10 per TDH fee; that the Director of Fiscal Services certifies that funds required for this anticipated expenditure during the 1991-92 fiscal year are available in the Solid Waste Fund, as appropriated, and the funds required for the 1992-93 fiscal year will be included in the proposed budget; and recommending that City Council authorize the renewal of a purchase agreement with Waste Management for landfill service at Eastside Landfill and Westside Landfill for all City departments. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council T-3 Page 292 293 Tuesday, January 28, 1992 M&C P-5449 re There was presented Mayor and Council Communication No. P-5449 from the City Manager purchase from Ricky submitting a tabulation of bids received for the purchase of and installation of a septic Wright Backhoe Servic system for the Development Department; stating that the Director of Fiscal Services certifies that funds required for this expenditure are available in the operating budget, as appropriated, of the Lake Worth Trust Fund; and recommending that the purchase of the installation of a septic system be made from Ricky Wright Backhoe Service, on its low bid of $7,000.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-5450 re There was presented Mayor and Council Communication No. P-5450 from the City Manager agreement with stating that the City Council authorized the lease purchases with maintenance of Disk Hitachi Data Systems Storage Sub -System equipment in August 1987, by Mayor and Council Communication No. P-2108 and June 1989, by Mayor and Council Communication No. P-3537; that, as these leases expire and the equipment becomes the property of the City, maintenance agreements must be continued to insure continuity of service; that, as the equipment ages the maintenance cost escalates, therefore, a forecasted ten percent cost increase has been announced and is included in the recommendation; that the Director of Fiscal Services certifies that funds required for this expenditure are available in the operating budget, as appropriated, of the General Fund; and recommending that the City Council authorize maintenance agreements for the Information Systems and Services Department from the sole source vendor, Hitachi Data Systems, as follows: 1. A maintenance agreement for City -owned disk storage equipment for the amount of $1,638/per month, and 2. This agreement to begin January 1, 1992 through September 1992, and 3. A maintenance agreement for disk storage equipment that will become property of the City on June 13, 1992 for an amount of $750 per month, and M&C P-5451 re There was presented Mayor and Council Communication No. P-5451 from the City Manager purchase of submitting a tabulation of bids received for the purchase of continuous forms for the Continuous Forms Information Systems and Services Department; stating that the Director of Fiscal Services DP -0224 -one -part certifies that funds required for this expenditure are available in the current operating budget, as appropriated, of the General Fund; and recommending that the outright purchase of Continuous Forms DP -0224 -one -part recycled greenbar be made from Uarco, Inc., on its low bid of $3.05 per thousand for an amount not to exceed $16,775.00 net, f.o.b. delivered Fort Worth. City Manager Ivory City Manager Ivory advised City Council that an amendment should be made to Mayor and re M&C P-5451 Council Communication No. P-5451 stating that Line 3 of Recommendation should read correction under "...Department from UARCO, Inc., for its low bid of $.05 per thousand." Line 3 recommendation Council Member Meadows made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. P-5451 be approved, as amended. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C p-5452 re There was presented Mayor and Council Communication No. P-5452 from the City Manager purchase of General submitting a tabulation of bids received for the purchase of General Complaint and Parking Compalint and Parking Citations for Municipal Courts; stating that the Director of Fiscal Services certifies that Citations funds required for this expenditure are available in the current operating budget, as appropriated, of the General Fund; and recommending that the purchase be made from Mastercraft Business Forms on its low bid of $7,845.00. It was the consensus of the City Council that the recommendation be adopted. M&C P-5453 re There was presented Mayor and Council Communication No. P-5453 from the City Manager sale of scrap water submitting a tabulation of bids received for the sale of scrap water meters for the Water meters Department; stating that the Field Operations Division of the Water Department is responsible for collection of funds due the City under this agreement; and recommending that the sale of scrap water meters be made to Westex Iron & Metal Company on its highest overall total bid of $3,456.00. It was the consensus of the City Council that the recommendation be adopted.. M&C P-5454 re purchase agreement 4. This agreement to begin June, 1992 ending September 30, 1992. submitting a quotation received for a purchase agreement for parts and service for Polysonic City Manager Ivory Equipment for the Water Department; stating that the Director of Fiscal Services certifies that funds required for this anticipated expenditure are available in the current operating re M&C P-5450 City Manager Ivory advised Council of an amendment to be made to Mayor and Council correction under re- Communication No. P-5450 stating that, under Recommendation 2, it should read through commendation 2 September 30, 1992, and under Recommendation 4, it should read "to begin June 13, 1992." 1993, with the option to renew annually for two years. It was the consensus of the City Council Member Chappell made a motion, seconded by Council Member Meadows, that Mayor There was presented Mayor and Council Communication No. P-5455 from the City Manager and Council Communication No. P-5450 be approved, as amended. When the motion was put to lightning protection a vote by the Mayor, it prevailed unanimously. equipment M&C P-5451 re There was presented Mayor and Council Communication No. P-5451 from the City Manager purchase of submitting a tabulation of bids received for the purchase of continuous forms for the Continuous Forms Information Systems and Services Department; stating that the Director of Fiscal Services DP -0224 -one -part certifies that funds required for this expenditure are available in the current operating budget, as appropriated, of the General Fund; and recommending that the outright purchase of Continuous Forms DP -0224 -one -part recycled greenbar be made from Uarco, Inc., on its low bid of $3.05 per thousand for an amount not to exceed $16,775.00 net, f.o.b. delivered Fort Worth. City Manager Ivory City Manager Ivory advised City Council that an amendment should be made to Mayor and re M&C P-5451 Council Communication No. P-5451 stating that Line 3 of Recommendation should read correction under "...Department from UARCO, Inc., for its low bid of $.05 per thousand." Line 3 recommendation Council Member Meadows made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. P-5451 be approved, as amended. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C p-5452 re There was presented Mayor and Council Communication No. P-5452 from the City Manager purchase of General submitting a tabulation of bids received for the purchase of General Complaint and Parking Compalint and Parking Citations for Municipal Courts; stating that the Director of Fiscal Services certifies that Citations funds required for this expenditure are available in the current operating budget, as appropriated, of the General Fund; and recommending that the purchase be made from Mastercraft Business Forms on its low bid of $7,845.00. It was the consensus of the City Council that the recommendation be adopted. M&C P-5453 re There was presented Mayor and Council Communication No. P-5453 from the City Manager sale of scrap water submitting a tabulation of bids received for the sale of scrap water meters for the Water meters Department; stating that the Field Operations Division of the Water Department is responsible for collection of funds due the City under this agreement; and recommending that the sale of scrap water meters be made to Westex Iron & Metal Company on its highest overall total bid of $3,456.00. It was the consensus of the City Council that the recommendation be adopted.. M&C P-5454 re purchase agreement There was presented Mayor and Council Communication No. P-5454 from the City Manager Polysonics, C/O Pan- submitting a quotation received for a purchase agreement for parts and service for Polysonic Tech Control Company Equipment for the Water Department; stating that the Director of Fiscal Services certifies that funds required for this anticipated expenditure are available in the current operating budget, as appropriated, in the Water and Sewer Operating Fund; and recommending that the City Council authorize the sole source purchase agreement with Polysonics, C/O Pan -Tech Control Company for the unit cost of parts at dealer's cost less ten percent; hourly rate of $50.00 per hour; overtime rate of $75.00 per hour; and travel time of $25.00 per hour, f.o.b. Houston, Texas, with term of agreement to begin March 25, 1992, and end March 24, 1993, with the option to renew annually for two years. It was the consensus of the City Council that the recommendation be adopted. M&C P-5455 re There was presented Mayor and Council Communication No. P-5455 from the City Manager purchase of surge/ submitting a tabulation of bids received for the purchase of surge/lightning protection lightning protection equipment for the Water Department; stating that the Director of Fiscal Services certifies equipment Minutes of City Council T-3 Page 293 294 Tuesday, January 28, 1992 M&C P-5455 cont. that funds required for this expenditure are available in the current operating budget of the Water and Sewer Fund; and recommending that the purchase be made from the low bidder meeting specifications, Energy Control Systems, for an amount of $14,955.00 net, f.o.b. Fort Worth delivered. It was the consensus of the City Council that the recommendation be adopted. M&C P-5456 re y Manager There was presented Mayor and Council.Communication No. P-5456 from the Cit Mana purchase of megalug g retainer glands submitting a tabulation of bids received for the purchase of megalug retainer glands for the Water Department; stating that the Director of Fiscal Services certifies that funds required for this expenditure are available in the Water and Sewer Operating Fund; and recommending that the purchase be made from Bowles & Eden Equipment Company on.its low bid meeting City specifications of $5,619.60, net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-5457 re There was presented Mayor and Council Communication No. P-5457 from the City Manager purchase agreement submitting a tabulation of bids received for a purchase agreement to furnish tires to the with Goodyear '_ City Services Department; stating that the Director of Fiscal Services certifies that funds Commercial Tire and required for this expenditure are available in the Equipment Services Fund; and recommending Service that the purchase agreement be authorized with Goodyear Commercial Tire and Service on its low overall bid of unit prices with term of agreement to begin February 1, 1992, and end January 31, 1993, with options to renew for two additional years. On motion of Council Member Woods, seconded by Council Member Silcox, the recommendations were adopted. M&C L-10818 re acquisition of improv There was presented Mayor and Council Communication No. L-10818 from the City Manager ments for 1820 Vera recommending that the City Council authorize the acquisition of improvements for 1820 Vera St. Street (an oak tree) which was inadvertently omitted from Mayor and Council Communication lease with Bobby No. L-10638, dated October 8, 1991, from 011ie Mae Kelley Estate, for the reconstruction of Hill Vera Street from Dunbar to Calumet and find that $200.00 is just compensation. It was the consensus of the City Council that the recommendations be adopted. M&C L-10819 re acquisition of right- There was resented Mayor and Council Communication No. p Y L-10819 from the City Manager of -way recommending that authority be granted to deposit the award of $1,300.00 allowed by Special Commissioners in eminent domain proceedings, Cause No. 348-137678-91, for the acquisition of a portion of Lot 1, Block 14, Vickery Addition, required for the reconstruction of Troost Street/East Rosedale Street. It was the consensus of the City Council that the authority be granted to deposit the award allowed by Special Commissioners and that funds required for the acquisition are available in the current capital budget, as appropriated, of the Street Improvements Fund. It was the consensus of the City Council that the recommendation be adopted. M&C L-10820 re acquisition of perms- There was resented Mayor and Council Communication No. p Y L-10820 from the City Manager nent easement recommending that authority be granted to deposit the award of $11,100.00 allowed by Special Commissioners in eminent domain proceedings, Cause No. 352-138467-91, for the acquisition of a permanent easement containing 0.927 acres and a temporary construction easement containing 1.229 acres described as a portion of a 75.39 acre tract out of the William McCowan Survey, Abstract 999, the William Bostick Survey, Abstract 210, and the J.R. Knight Survey, Abstract 902. It was the consensus of the City Council that authority be granted and that funds required for this condemnation award are available in the current capital budget, as appropriated, of the Commercial Paper Water Fund PW -77. It was the consensus of the City Council that the recommendation be adopted. M&C L-10821 re cancellation of 50 -ye There was presented Mayor and Council Communication No L-10821 from the Cit Manager lease with Bobby stating that on November 1, 1985, Bobby Hill entered into a 50 -year lease agreement with the Y 9 Hill City of Fort Worth covering Lot 26AR, Block 7, Lake Worth Lease Survey; that Article VIII B of that lease reads in part that "In the event of a default by Lessee, and said Lessee does not take action to cure the default within 45 days of the notice from the City, the lease may be terminated and the City shall have no duty to reimburse the Lessee for structures or improvements to the Leased land"; that Bobby Hill is currently over three years in arrears with his lease rental account for a total of $3,124.14 including interest; that required notice was mailed to the Lessee by certified mail on November 27, 1991, giving notice of termination for default unless all arrearage were paid current; however, the default remains; and recommending that the City Council approve the cancellation of the 50 - year lease with Bobby Hill covering Lot 26AR, Block 7, Lake Worth Lease Survey and authorize clearing of the lease site at the least possible expense to the City. On motion of Council Member Meadows, seconded by Council Member Silcox, the recommendations were adopted. M&C L-10822 re was withdrawn It was the consensus of the City Council that Mayor and Council Communication No. L-10822, Cancellation of Lake Worth Lease, Lot 30, Block 31, be withdrawn from the agenda. M&C L-10823 re It was the consensus of the City Council that Mayor and Council Communication was withdrawn No. L-10823, Cancellation of Lake Worth Lease, Lot 31, Block 31, be withdrawn from the agenda. M&C L-10824 re There was presented. Mayor and Council Communication No. L-10824 from the City Manager cont. for one week stating that the City Council authorized the acquisition of approximately 24.57 acres of land and a six room brick, one story, two car garage house, from Gary Dale Segraves and wife, Donna E. Segraves, for the purpose of the construction of Alliance Airport; that it is recommended that approximately 24.57 acres of land and the improvements be leased to Richard B. Carroll, for one year with renewals until the subject property is advertised for sale to the general public, and at such time said property.is sold; that this lease is subject to the normal 30 -day cancellation clause; and recommending that the City Manager be authorized to enter into a lease agreement with Richard B. Carroll at Keller Haslet Road. ,Council Member Chappell made a motion, seconded by Council Member Woods, that consideration of Mayor and Council Communication No. L-10824 be continued for one week. When the motion was put to a vote by the Mayor, it prevailed unanimously. Minutes of City Council T-3 Page 294 295 Tuesday, January 28, 1992 M&C PZ -1650 re There was resented Mayor and Council Communication No. p y PZ -1650 from the City Manager vacating all emergency access and utility recommending that an ordinance be adopted vacating all emergency access and utility easements and public open space easements within Lot 23, Block 53, Wedgewood Addition. It easements and public open space easements was the consensus of the City Council that the recommendation be adopted. Introduced an Council Member Puente introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Meadows. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Council Member Matson The ordinance, as adopted, is as follows: Ordinance No. 11006 11 ORDINANCE NO. 11006 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING EMERGENCY ACCESS AND UTILITY EASEMENTS AND PUBLIC OPEN SPACE EASEMENTS LOCATED WITHIN THE WEDGEWOOD ADDITION TO THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR REVERSION OF FEE IN SAID LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. M&C PZ -1651 re There was presented Mayor and Council Communication No. PZ -1651 from the City Manager vacating utility recommending that an ordinance be adopted vacating a five-foot wide by approximately 85 -foot easement long utility easement located between Lots 3 and 4, Block 13, Stonegate Addition. It was the consensus of the City Council that the recommendation be adopted. Introduced an Council Member Puente introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Meadows. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Council Member Matson The ordinance, as adopted, is as follows: Ordinance No. 11007 II ORDINANCE NO. 11007 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING A UTILITY EASEMENT LOCATED WITHIN THE STONEGATE ADDITION TO THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR REVERSION OF FEE IN SAID LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. M&C PZ -1652 re There was presented Mayor and Council Communication No. PZ -1652 from the City Manager vacating utility recommending that an ordinance be adopted vacating a three-foot wide by 100 -foot long easement utility easement located in the southerly portion of Lot 21, Block 3, Cheltenham Addition. It was the consensus of the City Council that the recommendation be adopted. Introduced an Council Member Puente introduced an ordinance and made a motion that it be adopted. ordinance The motion was seconded by Council Member Meadows. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Council Member Matson The ordinance, as adopted, is as follows: Ordinance No. 11008 ORDINANCE N0. 11008 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING A UTILITY EASEMENT LOCATED WITHIN THE CHELTENHAM ADDITION TO THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR REVERSION OF FEE IN SAID LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. M&C PZ -1653 re There was presented Mayor and Council Communication No. PZ -1653 from the City Manager vating utility ease- recommending that an ordinance be adopted vacating a five-foot wide by approximately 320- ment foot long utility easement located along the north property line of Lot 1, Block 1, Garden Acres Baptist Church Addition. It was the consensus. of the City Council that the recommendation be adopted. Introduced an Council Member Puente 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: Minutes of City Council T-3 Page 295 296 Tuesday, January 28, 1992 AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, McCray, Woods, Meadows, and Chappell NOES: None ABSENT: Council Member Matson The ordinance, as adopted, is as follows: Ordinance No. 11009 ORDINANCE NO. 11009 AN ORDINANCE VACATING,.ABANDONING AND CLOSING AND EXTINGUISHING A UTILITY EASEMENT LOCATED WITHIN THE GARDEN ACRES BAPTIST ADDITION TO THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR REVERSION OF FEE IN SAID LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. M&C C-13199 re It was the consensus of the City Council that Mayor and Council Communication cont. for two weeks No. C-13199, Amendment of Agreement Authorization - Works' Compensation Coverage for Job Training Partnership Act (JTPA) Program Activities, be continued for two weeks. M&C C-13206 re was withdrawn It was the consensus of the City Council that Mayor and Council Communication No. C-13206, Award of Engineering Design Contract to Dunaway Associates, Inc., for the Construction of Basswood Boulevard and Pacesetter Drive, be withdrawn from the agenda. M&C C-13217 re contract with There was presented Mayor and Council Communication No. C-13217 from the City Manager Centreport Venture, submitting a proposed contract for the installation of community facilities for Centreport, Inc. Area 3, Section, 5, Block 315, Lot 1R (South Frye Road Extension); describing the proposed project cost and fiscal information/certification; and recommending that the City Manager be authorized to execute a Community Facilities Agreement with the developer, Centreport Venture, Inc., for the installation of community facilities for Centreport, Area 3, Section 5, Block 315, Lot 1R (South Frye Road Extension), and authorize reimburse to Centreport Venture, Inc., for the City's share of the cost of street and storm drain improvements upon satisfactory completion -of same. It was the consensus of ,the City Council that the recommendations be adopted. M&C C-13218 re There was presented Mayor and Council Communication No. C-13218 from the City Manager, agreement with as follows: Tarrant County Tax Assessor -Collector SUBJECT: DENIAL OF VEHICLE REGISTRATION/REGISTRATION RENEWAL PROGRAM RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an agreement between the Tarrant County Tax Assessor -Collector and the City of Fort Worth to participate in the 'Denial of Vehicle Registration/Registration Renewal Program,' and 2. Authorize the City Manager to execute a contract between the Texas Department of Transportation and the City of Fort Worth to participate in the 'Denial of Vehicle Registration/Registration Renewal Program,' and 3. Approve the transfer of $17,549 from the Special Trust Fund, Productivity Investment Fund to Delinquent Citations to purchase the hardware to implement the 'Denial of Vehicle Registration/Registration Renewal Program'. DISCUSSION: The Denial of Vehicle Registration/Registration Renewal Program is designed to aid in the clearance of outstanding warrants. Persons identified as having a minimum of two (2) moving violations of traffic laws in warrant status will be compelled to resolve pending city warrants before being allowed to complete registration of their vehicle. Texas Civil Statutes, Article 6687c, grants political subdivisions the authority to contract with State agencies to assist in the enforcement of outstanding warrants of arrest for failure to appear or pay a fine on a complaint involving certain traffic offenses and provides procedures for refusal, revocation, and reinstatement of registration. A pilot program was initiated with City Council approval on October 10, 1990. After one year of experience.the program is considered a success. Staff desires to continue and expand the program to enhance the revenue generation. In order to accomplish this, Municipal Court Services has submitted an application for funding to the Productivity Investment Fund. On January 20, 1990 the City Council received Informal Report No. 7438 that proposed the creation of a new mechanism to fund off -budget cycle projects. On February 20, 1990 the City Council approved M&C G-8479 appropriating $100,000 to the Productivity Investment Fund. Municipal Court Services has submitted an application to purchase six computer work stations to be used in the tag denial confirmation process. The Budget Division of Fiscal Services has reviewed the project and it is recommended by the City Manager for approval. Municipal Court Services estimates this program will generate approximately $120,555 in additional revenue each year. Minutes of City Council T-3 Page 296 297 Tuesday, January 28, 1992 M&C C-13218 cont. The Denial of Registration Program is not expected to clear the entire number of outstanding warrants, nevertheless, approval of this program will assist in the clearance of some pending cases and associated warrants. The funds for the establishment of the project will be repaid with interest in three equal payments of $6,200 per year over a three year period beginning in FY 92-93. Repayment will be made from revenue account Traffic Fines -Delinquent, GG01 Account 431012, Center 0381000. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that funds required for this project are available in the current budget of the Special Trust Fund. Council Member Chappel Council Member Chappell expressed appreciation to Ms. Dianna Heiner, Director of re expressed apprecia- Municipal Court Services, and to Assistant City Manager Libby Watson for their innovative tion to Ms. Dianna thinking and establishment of the denial of vehicle registration/registration renewal Heiner and to ACM program and made a motion, seconded by Council Member Woods, that the recommendations, as Libby Batson contained in Mayor and Council Communication No. C-13218, be approved. When -the motion was put to a vote by the Mayor, it prevailed unanimously. M&C C-13219 re There was presented Mayor and Council Communication No. C-13219 from the City Manager contract with Halbach- stating that the City Council on October 1, 1991, by Informal Report No. 7554 was advised Dietz Architects of the status of the proposed communication system to serve all City departments; that the Geological Survey report also covered the status of equipment acquisition and a recommendation that $1,300,000.00 be budgeted for the construction of a central dispatch center that would house the Police and Fire Departments and the Area Metropolitan Ambulance Service;,that the entire - installation would be financed through the sales of Certificates of Obligation; that the City Council approved the sale of Certificates of Obligation on November 12, 1991, by Mayor and Council Communication No. C-13137 to finance the project (including $1,300,000.00 for design and construction of a central dispatch center) and authorized the City Manager to execute a contract with Motorola, Inc., for acquisition of the communication system equipment; that five architectural firms in Fort Worth were selected to submit a proposal for design of the central dispatch facility; that a Selection Committee consisting of representatives of the City Manager's Office, Information Systems and Services Department, and Transportation and Public Works Department reviewed the architects' unpriced proposals and unanimously recommended the firm of Halbach -Dietz Architects for further negotiations; that Halbach -Dietz Architects has proposed to provide complete architectural and engineering designs for the facility for a fee of $88,475.31; that the Director of Fiscal Services certifies that funds required for this expenditureare available in the current capital budget, of the Public Safety Improvements Fund; and recommending that the City Manager be authorized to execute a contract with Halbach -Dietz Architects in the amount of $88,475.31 to design the proposed Police/Fire Dispatch Facility on West Bolt Street. Mr. Gary Santerre re put to a vote by the Mayor, it prevailed unanimously. M&C C-13219 Mr. Gary Santerre, Director of the Transportation and Public Works Department, appeared before the City Council and advised Council that the contract with Halbach -Dietz Architects for the design of Police/Fire Dispatch Facility is a negotiating contract and is required by state law; advised Council that Halbach -Dietz Architects will provide the City with a full design for the facility; and advised Council that unless the City Council requires them to do additional work he does not expect any Change Orders or addenda for this particular contract. Council Member Silcox made a motion, seconded by Council Member Woods, that Mayor and Council Communication No. C-13219 be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C C 13220 re There was presented Mayor and Council Communication No. C-13220 from the City Manager agreement with De- stating that the City Council authorized the City Manager on October 25, 1975, by Mayor and partment of Interior Council Communication No. C-3219 to execute an agreement providing that the City of Fort Geological Survey Worth join with the City of Dallas, the North Texas Municipal Utility District, and the Trinity River Authority of Texas in the formation and operation of the Upper Trinity River Basin Water Quality Compact; that the members share equally in the cost of operation of the Compact's programs; that the Compact agreement was renewed in 1986 to allow for continued participation for an additional ten-year period; that the primary purpose of the Compact has been and continues to be to insure that a water quality sampling program is established and maintained, which seeks to provide reliable data on the quality of the streams of the Trinity River in the North Central Texas area; that the ongoing program allows the effect of both point and non -point sources of pollution to be determined and evaluated; that the City's share of the cost pertaining to gathering of Water Quality data by USGS for the fiscal year, October 1, 1991, to September 30, 1992, is $30,375.00; that the Director of Fiscal Services certifies that funds required for this agreement are available in the current operating budget, as appropriated, of the Water and Sewer Operating Fund; and recommending that the City Manager be authorized to execute a Joint Funding Agreement for Water Resources Investigations with the Department of Interior Geological Survey and authorize the payment of the City's share of the Compact's cost in the amount of $30,375.00 for 1991-1992 USGS monitoring and monitors, with check to be made payable to the Department of the Interior-USGS. Council Member Puente made a motion, seconded by Council Member Meadows, that Mayor and Council Communication No. C-13220 be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C C-13221 re There was presented Mayor and Council Communication No. C-13221 from the City Manager contract with North stating that the North Texas Poison Center provides a telephone hotline service allowing Texas Poison Center callers instant accessibility to poison prevention and treatment information; that the service which is free of charge to callers 24 hours a day 365 days a year, reduces toxic exposures by providing community and professional education programs and consultations; that the services provided are poison prevention and treatment information via a telephone hotline service to the North Texas region; appropriate staffing levels needed to respond to approximately 70,000 calls; home treatment information to callers reducing the number of Minutes of City Council T-3 Page 297 2Q8 Tuesday, January 28, 1992 MLC C-13221 cont. unnecessary ambulance runs and emergency room visits; community education programs; distribution of poison information brochures and telephone stickers; and professional toxicology consultation services for all callers; that the Director of Fiscal Services certifies that funds required for this expenditure are available in the FY 1991-92 approved budget of the General Fund; and recommending that the City Manager be authorized to execute a contract with the North Texas Poison Center for the period of October 1, 1991, to September 30, 1992, and authorize a, contribution of $43,000.00 to help support a comprehensive, regional ,,cost effective Poison Center dedicated to the prevention of accidents and deaths due to poisonings. On motion of Council Member Woods, seconded by Council Member Puente, the recommendations were adopted. MLC C-13222 re lease with Fort Worth There was presented Mayor and Council Communication No. C-13222 from the City Manager, Spinks Aviation as follows: Services, Inc. SUBJECT: LEASE WITH FORT WORTH SPINKS AVIATION SERVICES, INC. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Execute a Fixed Base Operator (FBO) lease with Fort Worth Spinks Aviation Services, Inc., for certain improved and unimproved land and facilities at Fort Worth Spinks Airport, and 2. Execute a Public Aircraft Fuels Dispensing Agreement with Fort Worth Spinks Aviation Services, Inc., for the sale of aircraft fuels and lubricants on Fort Worth Spinks Airport. DISCUSSION: Requests for Proposals (RFP) for a Fixed Based Operation and Commercial Operations at Spinks Airport were published in national trade publications and received on August 29, 1991.. A proposal: from Fort Worth Spinks Aviation Services, Inc., was the only one received. Evaluation by staff indicates that the proposal received from Fort Worth Spinks Aviation Services, Inc., meets the requirements set forth in the RFP. The FBO Lease contains different terms for each of two (2) areas under the lease. The "Leased Facilities" consists of existing improvements, and contains 13,500 square feet of hangar and office space and 61,500 square feet of ramp for aircraft and automobile parking. The area is to be leased for a period of ten (10) years. The "Development Area" contains 45,000 square feet of aircraft parking area and 57,676 square feet of unimproved land for the construction of a 20,000 square foot hangar and other improvements. The development area is to be leased for a period of thirty (30) years. The Lessee will perform the construction on the development area. As part of the requirements under the FBO Lease, a Public Aircraft Fuels Dispensing Agreement is required for the lease of the City's Tank Farm and for the right to sell aviation fuels and lubricants on Spinks Airport. This agreement is for a period not to exceed 10 years. Estimated annual revenue generated from these two (2) leases will be as follows: - Leased Facilities $23,580.00 - Development Area $11,167.00 - Public Aircraft Fuels Dispensing Agreement $ 2,400.00, plus fuel flowage fees TOTAL $37,147.00, plus fuel flowage fees FISCAL CERTIFICATION/INFORMATION: No City funds will be expended; the revenue will be collected by the Aviation Department, Administrative Services Division. MLC C-13222 adopted On motion of Council Member Woods, seconded by Council Member Puente, the recommendations were adopted. MLC C-13223 re There was presented Mayor and Council Communication No. C-13223 from the City Manager, increase contract with as follows• DeMoss Company SUBJECT: CHANGE ORDER NO. 2 WITH DEMOSS COMPANY - RENOVATION OF WILL ROGERS AUDITORIUM IN COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT RECOMMENDATION: It is recommended that the City Council: 1. Approve a $151,678.00 fund transfer from the Unspecified Project Funds Project in the Capital Projects Reserve Fund to the Will Rogers Memorial Complex Fund, and 2. Authorize the City Manager to execute Change Order No. 2 to increase City Secretary Contract No. 18780 with the DeMoss Company to perform additional work on the Will Rogers Auditorium renovations.for a fee of $151,678.00. Minutes of City Council T-3 Page 298 M&C C-13223 cont. Tuesday, January 28, 1992 DISCUSSION: On October 1, 1991 (M&C C-13080), the City Council awarded a contract to the DeMoss Company for renovation of the Will Rogers Auditorium. The contract amount was $1,208,000. Subsequently, Change Order No. 1, in the amount of $14,898.00 was authorized to correct electrical and mechanical deficiencies which were revealed during the demolition phase of the work. The original renovation plans did not take into account the impact of the "Americans With Disabilities Act" (ADA) which requires that places of public accommodation, including facilities such as Will Rogers Auditorium, be rehabilitated to provide access to individuals with disabilities. The project architect, Hahnfeld Associates, has surveyed the building for barriers and has provided designs for modifications which will bring the building into compliance with the "readily accessible" standards of the ADA. The construction contractor, DeMoss Company, proposes to perform the additional work required to comply with ADA for an additional fee of $151,678.00. The City considers this additional fee to be fair and reasonable for the work involved. This proposed change order brings the total contract amount to $1,374,576.00. This and the previous change order represent a net 13.8% increase of the original contract. i, 1': :q9 FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that funds for the recommended transfer are available in the current budget of the Capital Projects Reserve Fund. Council Member Matson Council Member Meadows requested permission of the City Council to abstain from voting re M&C C-13223, on Mayor and Council Communication Nos. C-13223, C-13224, and C-13225 involving a business C-13224, and relationship with DeMoss Company. C-13225 abstain from voting Council Member Puente made a motion, seconded by Council Member Woods, that Council Member Meadows be permitted to abstain from voting on Mayor and Council Communication Nos. C-13223, C-13224, and C-13225. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Chappell made a motion, seconded by Council Member McCray, that the recommendations, as contained in Mayor and Council Communication No. C-13223, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, McCray, Woods, and Chappell NOES: None ABSENT: Council Member Matson NOT VOTING: Council Member Meadows M&C C-13224 re There was presented Mayor and Council Communication No. C-13224 from the City Manager, increase contract with: as follows: DeMoss Company SUBJECT: PROPOSED CHANGE ORDER NO. 3 - RENOVATION OF WILL ROGERS AUDITORIUM (DEMOSS COMPANY) RECOMMENDATION: It is recommended that the City Council: 1. Approve a $50,000.00 fund transfer from the General Fund to the Will Rogers Memorial Complex Fund, and 2. Authorize the City Manager to execute Change Order No.,3 to increase City Secretary Contract Number 18780 with the DeMoss Company to perform additional work on the Will Rogers Auditorium renovations for a fee of $40,261.00. DISCUSSION: On October 1, 1991 (M&C C-13080), the City Council awarded a contract to the DeMoss Company for renovation of the Will Rogers Auditorium. The contract amount was $1,208,000. Subsequently, Change Order No. 1, in the amount of $14,898, was authorized to correct electrical and mechanical deficiencies which were revealed during the demolition phase of the work; and Change Order No. 2, in the amount of $151,678, was recommended to modify the auditorium to comply with the provisions of the "Americans With Disabilities Act." Additional work items to be included in the renovation have been identified. These items include modifications to the heating/ventilating systems, sizing and painting of walls and ceilings, electrical improvements to correct deficiencies revealed during construction; stage and dressing room work and patron seating refurbishing requested by the Will Rogers Auditorium management. The contractor proposes to perform the additional work for a net increase in contract price of $40,261. (This amount reflects a credit of $12,060 for certain plastering and electrical work deleted from the contract.) Staff Minutes of City Council T-3 Page 299 M&C C-13224 cont. Tuesday, January 28, 1992 considers the contractor's proposal to be fair and reasonable for the work to be performed. The additional fee brings the total contract amount to $1,414,837. This and previous Change Order represent a net 17.1% increase over the original contract amount. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that funds for this Change Order are available in the current capital budget of the Will Rogers Memorial Complex Fund. Council Member Chappell made a motion, seconded by Council Member Puente, that the recommendations be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, McCray, Woods, and Chappell NOES: None ABSENT: Council Member Matson NOT VOTING: Council Member Meadows M&C C-13225 re There was presented Mayor and Council Communication No. C-13225 from the City Manager contract with DeMoss stating that the City Council awarded a contract to the DeMoss Company for extensive Company renovation to the Will Rogers Memorial Auditorium on October 1, 1991, by Mayor and Council Communication No. C-13080; that, during work on renovating the auditorium ceiling, it was discovered that the roof was badly in need of replacement; that recent heavy rains have degraded the conditions of the roof to where immediate replacement is required to protect the renovation work below; that, to meet this emergency situation, staff believes that the City's best interest will be served by awarding a negotiated contract to the DeMoss Company; that DeMoss agrees to replace the roof for a fee of $173,979.00; that the Director of Fiscal Services certifies that funds for this project are available in the current capital budget, as appropriated, of the Will Rogers Memorial Complex Fund; and recommending that the City Council approve the execution of a contract, on an emergency basis, with the DeMoss Company to re -roof the Will Rogers Auditorium for a fee of $173,979.00. City Manager Ivory re M&C C-13225 City Manager Ivory advised the City Council of an amendment to be made to Mayor and correction Council Communication No. C-13225 stating that, under Fiscal Information/Certification, the first line should read "...certifies that funds for this contract are..." rather than change order. Council Member Chappell made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-13225 be approved, as amended. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, Silcox, McCray, Woods, and Chappell NOES: None ABSENT: Council Member Matson SUBJECT: AWARD OF GRANTS FOR THE CODE:BLUE COMMUNITY GRANT PROGRAM RECOMMENDATION: It is recommended that the City Council: 1. Award a grant to the organizations listed below, 2. Approve the transfer of $114,745 from General Fund, Nondepartmental to Special Trust Fund, various projects listed below, and Minutes of City Council T-3 Page 300 NOT VOTING: Council Member Meadows M&C C-13226 re contract with Hahn- There was presented Mayor and Council Communication No. C-13226 from the City Manager feld Associates stating that the City Council approved a contract with Hahnfeld Associates on March 27, 1991, by Mayor and Council Communication No. C-12637 for design of the renovation of the Will Rogers Auditorium for a fee of $99,550.00; that the City Council authorized an amendment to the Hahnfeld contract on July 30, 1991, by Mayor and Council Communication No. C-12986 increasing the fee by $11,300.00 to $110,850.00, for additional designs covering additional electrical, mechanical, and structural modifications; that, subsequent to the execution of the original contract, as amended, it has been determined that additional work items are required to properly renovate the auditorium; that the architect proposed to provide designs for these additional improvements for an additional fee of $23,918.00; that the Director of Fiscal Services certifies that funds for this contract amendment will be available in the current capital budget, Will Rogers Memorial Complex Fund, upon approval of Recommendation 1; and recommending that the City Council approve a $10,000.00 fund transfer from the Unspecified Project Funds in the Capital Projects Reserve Fund to the Will Rogers Memorial Complex and authorize the City Manager to increase City Secretary Contract No. 18370 with Hahnfeld and Associates for the design of the Will Rogers Auditorium Renovations by $23,918.00 from $110,850.00 to $134,768.00. On motion of Council Member Woods, seconded by Council Member Puente, the recommendations were adopted. M&C C-13227 re contract to various There was presented Mayor and Council Communication No. C-13227 from the City Manager, organizations as follows: SUBJECT: AWARD OF GRANTS FOR THE CODE:BLUE COMMUNITY GRANT PROGRAM RECOMMENDATION: It is recommended that the City Council: 1. Award a grant to the organizations listed below, 2. Approve the transfer of $114,745 from General Fund, Nondepartmental to Special Trust Fund, various projects listed below, and Minutes of City Council T-3 Page 300 C-13227 cont. Tuesday, January 28, 1992 3. Authorize the City Manager to enter into a contract with the organizations in the amount of $114,745. DISCUSSION: The 1991-92 adopted budget includes $3,174,825 for a city-wide crime prevention program which has been labeled CODE:BLUE. Included in that total is $250,000 that has been designated for award of grants to community-based organizations for the purpose of carrying out activities aimed at reducing crime. The City Council approved an eight member committee consisting of the following representatives to review all grant applications: 1. Fort Worth League of Neighborhoods 2. Citizens Crime Commission of Tarrant County 3. Crime Watch Representative 4. United Way of Tarrant County 5. Fort Worth Police Department 6. Park and Recreation Department 7. Department of Housing and Human Services 8. City Manager's Office The Grant Review Committee (GRC) met on January 15, 1992 to review the sixty-one (61) applications that had been received as of that date. Four organizations submitted two or more applications. However, in keeping with the City Council's directive, during the first round of funding, only one application was considered from each agency. The final deadline for receipt of grant applications is February 3, 1992. The GRC is scheduled to meet on February 12, 1992 to review new applications and the additional ones submitted by the four organizations. PROPOSED GRANT RECIPIENTS: The GRC is recommending that the following organizations be awarded CODE:BLUE community grants for the period ending September 30, 1992: 1. Mayor's Anti -Graffiti Task Force $ 5,695 2. Circle T Girl Scout Council, Inc. 7,500 3. Youth Sports Council of Fort Worth, Inc. 7,500 4. Southeast Advisory Committee 7,500 5. African-American Men Against Narcotics 7,500 6. YMCA of Metropolitan Fort Worth 7,500 7. First Texas Council of Camp Fire, Inc. 8,255 8. Longhorn Council, Boy Scouts of America 7,500 9. Because We Care, Inc. 3,000 10. Boys & Girls Club of Greater Fort Worth - Eastside Branch 6,079 11. Women's Haven of Tarrant County, Inc. 7,142 12. Southside Area Ministries, Inc. 2,591 13. Volunteers of American Northern Texas, Inc. 6,616 14. Highland Hills Neighborhood Association - Crime Watch Group 6,434 15. Westpoint Neighborhood Association 1,073 16. W. A. Meacham Middle School 6,480 17. Youth Enrichment Skills Program, Inc. 7,500 18. River Trails Homeowners' Association - River Trails Crime Watch 1,380 19. Ryan Place Improvement Association 7S500 TOTAL 114,745 Attached is a description of each of the projects, the population to be served and proposed use of funds. A complete copy of each of the proposals is available for review in the City Manager's Office. PROPOSED CONTRACT: A copy of the standard contract each organization will be required to sign is attached. The general terms and conditions are outlined below: 1. Grantees shall maintain a separate account for these funds; 2. All expenditures will be in accordance with the grantees' budget that is included with the application; 3. Since the City Council has not obligated funds beyond September 30, 1992, all contracts expire on that date. Any funds remaining shall be returned to the City; 4. The City has the right to audit the use of grant funds; and 5. Grantees agree to provide the City with a written final report on its activities funded under the CODE:BLUE program on or before October 30, 1992. Minutes of City Council T-3 Page 301 X01 302 Tuesday, January 28, 1992 M&C C-13227 cont. 11 FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that the funds required for this expenditure will be available in the Special Trust.Fund upon approval of Recommendation No. 2. City Manager Ivory re City Manager Ivory advised City Council of an amendment to be made to Mayor and correction on M&C Council Communication No. C-13227 stating that the date of the Mayor and Council C-13227 Communication should read January 28, 1992, rather than January 23, 1992 Council Member Chappell made a motion, seconded by Council Member McCray, that Mayor and Council Communication No. C-13227 be approved,as amended. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente, McCray, Woods, Meadows, and Chappell. NOES: Council Member Silcox ABSENT: Council Member Matson M&C FP -2913 re There was presented Mayor and Council Communication No. FP -2913 from the City Manager final payment to stating that the removal, disposal, and site cleanup of underground fuel storage tanks from Eagle Construction various City facilities has been completed in accordance with the requirements of the and Environmental contract; and recommending that the City Council accept as complete the removal, disposal, Services, Inc. and site cleanup of underground fuel storage tanks from various City facilities and authorize final payment in the amount of $14,259.75 to Eagle Construction and Environmental Services, Inc., with funds available in the Specially Funded Capital Projects and General Funds. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2914 re There was presented Mayor and Council Communication No. FP -2914 from the City Manager final payment to stating that improvements to Taxiway A & G at Fort Worth Spinks Airport have been completed Duininck Brothers, in accordance with contract plans, specifications, and requirements except for a deficiency Inc. in asphalt content; and recommending that the City Council authorize the City Manager to execute a settlement agreement with Duininck Brothers, Inc., and Vulcan Materials, Inc., regarding deficient asphalt; accept as complete the improvements to Taxiway A & G at Fort Worth Spinks Airport, subject to the terms of the settlement agreement, and authorize final payment of $6,623.80 to Duininck Brothers, Inc., subject to execution of the settlement agreement. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2915 re There was presented Mayor and Council Communication No. FP -2915 from the City Manager final payment to stating that the assessment paving of Meacham Boulevard from Mark IV to Burlington Northern Austin Bridge Railroad has been completed in accordance with contract plans, specifications, and Company requirements; and recommending that the City Council accept as complete the assessment paving of Meacham Boulevard from Mark IV to Burlington Northern Railroad; approve the final assessment roll; authorize issuance of certificates as evidence of the special assessments levied against the abutting property owners of Meacham Boulevard from Mark IV to Burlington Northern Railroad; and authorize final payment of $38,674.62 to Austin Bridge Company, with funds available in the retainage account of the Street Improvements Fund. It was the consensus of the City Council that the recommendations be adopted. Mr. Gary Werley re Mr. Gary Werley, 500 West Seventh Street, Suite 1800, representing Mr. Jean Saba for denial of a wrecker the denial of his application for a wrecker license, appeared before the City Council and license and represent advised Council that his client was denied the opportunity to renew his license stating that ing Mr. Jean Saba he did not make an application before midnight on December 31; and advised Council that the Department's denial of Mr. Saba's right, in his opinion, is without authority under the ordinances; and requested that the City Council comply with Fort Worth City Code and allow Mr. Saba to reapply for his wrecker license and, further requests that Mr. Saba's license be reinstated and that he be returned to his position on the wrecker rotation list. Mayor Granger re Mayor Granger advised Mr. Werley that City Attorney Adkins is reviewing the situation Mr. Werley to and a report will be presented to the City Council on next week. City Attorney Adkins Mr. Tom Reid re Mr. Tom Reid, 8316 Heron Drive, appeared before the City Council requesting addition addition fire pro- fire protection be provided to citizens living in the Lake Worth Lease area and requested tection to citizens that the City also provide them with water services. living in the Lake Worth Lease area It was the consensus of the City Council that the City Council meet in closed or Met in closed or executive session to seek the advise of its attorneys concerning Code and Ordinance Mayor executive session Provisions concerning bars which is exempt from public disclosure under Article X, Section 9, State Bar of Texas Rules as authorized by Section 2(e), Article 6252-17, V.A.C.S., the Texas Open Meeting Act. . Reconvened into re- The City Council reconvened into regular session with eight members present, and gular session. Council Member Morris Matson absent. Adjourned T ere being no further business, the meeting was adjourned. CITY RETARY MAYOR Minutes of City Council T-3 Page 302