HomeMy WebLinkAbout1992/02/25-Minutes-City CouncilunciI met
rs present
nvocation
ledge of Allegiance
CITY COUNCIL MEETING
FEBRUARY 25, 1992
On the 25th day of February, 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 Father Jessie Smith, St. Christopher's Episcopal Church.
The Pledge of Allegiance was recited.
inutes of February 18 On motion of Mayor Pro tempore Webber, seconded by Council Member Woods, the minutes
992 of the meeting of February 18, 1992, were approved.
tudents and faculty Dr. Jim Worden, President, TCJC South Campus, introduced visiting students and faculty
ron Nagaoka from Nagaoka Jr. College and Mayor Granger was presented with a 1painting of Nagaoka Jr.
ollege; Mayorr Granger "
resentMo'vdthii-'paintir 3College.
ppreciation Award to Deputy Fire Chief Lonzo Wallace. presented an Appreciation Award to Mr. Robert L. Jones
r. Robert L. Jones for life-saving efforts.
roclamation -
magination Celebratior
Rodney Ellis
P-5498 was with -
&C Nos. G-9526,
-10855, L-10856
C No. G-9525 was
thdrawn
C No. P-5500 was
thdrawn
agenda app
A proclamation for Imagination Celebration Week was presented to Mesdames Ginger Head
and Elizabeth Ray.
Mayor Granger acknowledged the presence of State Senator Rodney Ellis.
Council Member Silcox requested that Mayor and Council Communication No. P-5498 be
withdrawn from the consent agenda.
Council Member Chappell requested that Mayor and Council Communication Nos. G-9526,
L-10855, and L-10856 be withdrawn from the consent agenda.
Council Member Puente requested that Mayor and Council Communication No. G-9525 be
withdrawn from the consent agenda.
City Manager Ivory requested that Mayor and Council Communication No. P-5500 be
withdrawn from the consent agenda.
On motion of Council Member McCray, seconded by Council Member Woods, the consent
agenda was adopted, as amended.
Minutes of City Council T-3 Page 370
371
Tuesday, February 25, 1992
Mayor Granger advised Mayor Granger advised Council that Ms. Barbara Ferrell has tendered her resignation
Council of =resigna- from Place 8 on the Board of Adjustment inasmuch as she was sworn in as Justice of the Peace
tion of Ms. Barbara in Precinct 1 on February 18, 1992. Council Member Chappell made a motion, seconded by
Ferrell from the Board Council Member Matson, that the resignation of Ms. Barbara Ferrell be accepted with regrets.
of Adjustment When the motion was put to a vote by the Mayor, it prevailed unanimously.
Nominated Ms. Una Council Member Silcox nominated Ms. Una Bailey for membership on the Park and
Bailey to the Park Recreation Advisory Board and made a motion, seconded by Council Member Meadows, that Ms.
and Recreation Ad Bailey be reappointed to Place 3 on the Park and Recreation Advisory Board for a term of
visory-Board office expiring October 1, 1993. When the motion was put to a vote by the Mayor, it
prevailed unanimously.
Mr. Tom Pocharsky re
Twenty First Supple- Mr. Tom Pocharsky, of McCall, Parkhurst, and Horton, appeared before the City Council
Regional Air- and advised Council that the Twenty First Supplemental Regional Airport Concurrent Bond
mental
port CoRegionBond Ordinance authorizing the Joint Airport Revenue Refunding Bonds, Series 1992B, is valid and
correct; advised Council that the Airport Board met in a special meeting on Monday, February
24, 1992, and on advise of their financial advisor, First Southwest Company, recomm;,ed the
sale and adopted a resolution for the approval and adoption of the ordinance by the Cities
of Fort Worth and Dallas so that the significant savings of a landing fee can be
accomplished.
Introduced an
Ordinance Council Member Matson introduced an ordinance and made a motion that it be adopted.
The motion was seconded by Council Member Woods. The motion, carrying with it the adoption
of said ordinance, prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente,
Silcox, Matson, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. 11024 11 ORDINANCE NO. 11024
An ordinance passed concurrently by the City Councils, respectively, of
the Cities of Dallas and Fort Worth, authorizing the issuance of Dallas -Fort
Worth Regional Airport Joint Revenue Refunding Bonds, Series 19928, in the
aggregate principal amount of $109,940,000, bearing interest at the rates
specified, for the purpose of -refunding (i) $80,985,000 of Joint Revenue Bonds,
Series 1972 maturing November 1, 2002, (ii) $47,000,000 of Joint Revenue
Refunding Bonds, Series 1976 maturing November 1, 1993 and November 1, 1999;
providing for the form of said bonds; appointing a Paying Agent/Registrar and
providing for the transfer and exchange of such bonds; awarding the sale of such
bonds to the purchasers thereof; authorizing the Dallas -Fort Worth International
Airport Board to deliver said bonds as herein directed; providing that such
bonds are on a parity with the outstanding Dallas -Fort Worth Regional Airport
Joint Revenue Bonds heretofore or hereafter issued; adopting pertinent
provisions of and supplementing the 1968 Regional Airport Concurrent Bond
Ordinance and the Supplemental Regional Airport Concurrent Bond Ordinances which
authorized the issuance of Outstanding Bonds; providing for the deposit of the
proceeds of the Series 1992B Bonds into certain funds and into special escrow
funds established hereby for the benefit of certain of the said bonds being
refunded; calling said bonds being refunded for optional redemption on May 1,
1992 and directing that due observance of the covenants herein contained be made
by the Board; providing for severability; ordaining other matters incident and
relating to the subject and purpose hereof; and declaring an emergency.
WHEREAS, pursuant to applicable laws and a certain contract and agreement,
dated April 15, 1968 (the "Contract and Agreement"), the City Councils,
respectively, of the Cities of Dallas and Fort Worth, by an ordinance passed
concurrently on November 11, 1968, and November 12, 1968 (the "1968 Ordinance"),
authorized the issuance of and sold their Dallas -Fort Worth Regional Airport
Joint Revenue Bonds, Series 1968 (the "Series 1968 Bonds"), and by ordinances
concurrently passed subsequently authorized the issuance of and sold the
Outstanding Bonds for the purpose of paying the costs of the Dallas -Fort Worth
International Airport (formerly known as the "Dallas -Fort Worth Regional
Airport") and for the purpose of refunding certain bonds issued pursuant to the
1968 Ordinance as supplemented; and
WHEREAS, such subsequently issued bonds were issued as "Bonds" in
accordance with the terms of the 1968 Ordinance and on a parity with the Series
1968 Bonds; and
WHEREAS, said ordinances authorizing the Outstanding Bonds permit the
issuance of Refunding Bonds, on a parity with the Outstanding Bonds, to refund
any part or all of the Outstanding Bonds; and
WHEREAS, in accordance with the Contract and Agreement said City Councils
have been requested by the Dallas -Fort Worth International Airport Board to
issue additional joint revenue bonds pursuant to a concurrent bond ordinance to
refund a maturity of a series of previously issued Outstanding Bonds; and
Minutes of City Council T-3 Page 371
372
Tuesday, February 25, 1992
WHEREAS, it is deemed by said City Councils to be desirable, appropriate
Ordinance No. 11024 and necessary to issue such series of bonds for such purposes; and
cont.
WHEREAS, the City Councils have each found and determined as to each that
the matters to which this 1992B Ordinance relates are matters of imperative
public need and necessity in the protection of the health, safety and morals of
the citizens of each of the Cities and, as such, that this 1992B Ordinance is
an emergency measure and shall be effective as to each City respectively upon
its adoption by its City Council, and the meetings were open to the public as
required by law; and that public notices of the time, place and purpose of said
meetings were given as required by Article 6252-17, V.A.T.C.S., as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS,
TEXAS:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
ARTICLE I
TITLE, PREAMBLES AND RATIFICATION
Section 1.1. Short Title. This 1992B Ordinance may be cited by the short
title, "Twenty First Supplemental Regional Airport Concurrent Bond Ordinance."
Section 1.2. Adoption of Preambles. All of the declarations and findings
contained in the preambles of this 1992B Ordinance are made a part hereof and
shall be fully effective as a part of the ordained subject matter of this 1992B
Ordinance.
Section 1.3. Ratification. All action heretofore taken (not inconsistent
with the provisions hereof) by the Cities, by the Board and by the employees and
officers of each directed toward the Airport and the issuance of the bonds
herein authorized is hereby ratified, approved and confirmed.
ARTICLE II
DEFINITIONS AND CONSTRUCTION
Section 2.1. Adoption of Definitions. The definitions set forth in
Article II of the 1968 Ordinance are made a part hereof and shall be as fully
effective as part of the subject matter of this 1992B Ordinance as if repeated
in full herein.
Section 2.2. Additional Definitions. In addition to the definitions set
forth in the said 1968 Ordinance, the terms defined in this Section for all
purposes of this 1992B Ordinance and of any ordinance amendatory hereof, supple-
mental or- relating hereto, and of any instruments or documents appertaining
hereto, except where the context by clear implication shall otherwise require,
shall have the respective meanings herein specified as follows, to -wit:
"MASTER PLAN" shall mean and refer to the Airport's Master Plan of
Development adopted on September 30, 1969, as amended from time -to -time.
"1968 ORDINANCE" shall mean and refer to the 1968 Regional Airport
Concurrent Bond Ordinance passed by the City Councils of the Cities,
respectively, on November 11, 1968 and November 12, 1968.
"1972 ORDINANCE" shall mean and refer to the Fifth Supplemental Regional
Airport Concurrent Bond Ordinance passed by the City Councils of the
Cities on March 6, 1972.
"1976 ORDINANCE" shall mean and refer to the Seventh Supplemental Regional
Airport Concurrent Bond Ordinance passed by the City Councils of the
Cities on October 20, 1976, as amended November 8, 1976.
"1977 ORDINANCE" shall mean and refer to the Eighth Supplemental Regional
Airport Concurrent Bond Ordinance passed by the City Councils of the
Cities on August 30 and August 31, 1977.
"1978 ORDINANCE" shall mean and refer to the Ninth Supplemental Regional
Airport Concurrent Bond Ordinance passed by the City Councils of the
Cities on April 4 and April 5, 1978.
"1982 ORDINANCE" shall mean and refer to the Tenth Supplemental Regional
Airport Concurrent Bond Ordinance passed by the City Councils of the
Cities on March 3, 1982.
"1982A ORDINANCE" shall mean and refer to the Eleventh Supplemental
Regional Airport Concurrent Bond Ordinance passed by the City Councils of
the Cities on November 16 and November 17, 1982.
"1984 ORDINANCE" shall mean and refer to the Twelfth Supplemental Regional
Airport Concurrent Bond Ordinance passed by the City Councils of the
Cities on September 11 and September 12, 1984.
"1984A ORDINANCE" shall mean and refer to the Thirteenth Supplemental
Regional Airport Concurrent Bond Ordinance passed by the City Councils of
the Cities on October 9 and October 10, 1984.
Minutes of City Council T-3 Page 372
373
Tuesday, February 25, 1992
"1985 ORDINANCE" shall mean and refer to the Fourteenth Supplemental
inance No. 11024 Regional Airport Concurrent Bond Ordinance passed by the City Councils of
t. the Cities on December 3 and December 4, 1985.
"1987 ORDINANCE" shall mean and refer to the Fifteenth Supplemental
Regional Airport concurrent Bond Ordinance passed by the City Councils of
the Cities on October 6 and 7, 1987.
"1991 ORDINANCE" shall mean and refer to the Nineteenth Supplemental
Regional Airport Concurrent Bond Ordinance passed by the City Councils of
the Cities on October 8 and October 9, 1991.
"1991A ORDINANCE" shall mean and refer to the Twentieth Supplemental
Regional Airport Concurrent Bond Ordinance passed by the City Councils of
the Cities on October 8 and 9, 1991.
"1992 ORDINANCE" shall mean and refer to the Sixteenth Supplemental
Regional Airport Concurrent Bond Ordinance passed by the City Councils of
the Cities on September 11 and 12, 1990.
"1992A ORDINANCE" shall mean and refer to the Eighteenth�Supplemental
Regional Airport concurrent Bond Ordinance passed by the City Councils of
the Cities on November 13 and 14, 1990.
"19928 ORDINANCE" shall mean and refer to the Twenty First Supplemental
Regional Airport Concurrent Bond Ordinance passed by the City Councils of
the Cities on February 25 and 26, 1992.
"1994 ORDINANCE" shall mean and refer to the Seventeenth Supplemental
Regional Airport Concurrent Bond Ordinance passed by the City Councils of
the Cities on September 11 and 12, 1990.
"OUTSTANDING BONDS" shall mean the outstanding Dallas -Fort Worth Regional
Airport Joint Revenue Bonds, Series 1972, authorized by the 1972
Ordinance, the Dallas -Fort Worth Regional Airport Joint Revenue Refunding
Bonds, Series 1976, authorized by the 1976 Ordinance, the Dallas -Fort
Worth Regional Airport Joint Revenue Construction and Refunding Bonds,
Series 1977, authorized by the 1977 Ordinance, the Dallas -Fort Worth
Regional Airport Joint Revenue Bonds, Series 1978, authorized by the 1978
Ordinance, the Dallas -Fort Worth Regional Airport Joint Revenue Bonds,
Series 1982A, authorized by the 1982A Ordinance, the Dallas -Fort Worth
Regional Airport Joint Revenue Bonds, Series 1984, authorized by the 1984
Ordinance, the Dallas -Fort Worth Regional Airport Joint Revenue Refunding
Bonds, Series 1984A, authorized by the 1984A Ordinance, the Dallas -Fort
Worth Regional Airport Joint Revenue Bonds, Series 1985, authorized by the
1985 Ordinance, the Dallas -Fort Worth Regional Airport Joint Revenue
Refunding Bonds, Series 1987, authorized by the 1987 Ordinance, the
Dallas -Fort Worth Regional Airport Joint Revenue Bonds, Series 1991
authorized by the 1991 Ordinance, the Dallas -Fort Worth Regional Airport
Joint Revenue Bonds, Series 1991A authorized by the 1991A Ordinance and
the Dallas -Fort Worth Regional Airport Joint Revenue Bonds, Series 1992A,
authorized by the 1992A Ordinance and shall mean, the Dallas -Fort Worth
Regional Airport Joint Revenue Bonds, Series 1992, heretofore authorized
by the 1992 Ordinance and the Dallas -Fort Worth Regional Airport Joint
Revenue Refunding Bonds, Series 1994, heretofore authorized by the 1994
Ordinance once such series of Bonds are delivered and outstanding.
"PAYING AGENT/REGISTRAR" shall mean NationsBank of Texas, N.A., with
respect to the Series 1992B Bonds or any successor appointed pursuant to
the provisions of Section 3.4 hereof.
"REFUNDING BONDS" shall mean any refunding bonds issued pursuant to
Section 8.6 of the 1968 Ordinance for the purpose of refunding any Bonds
outstanding.
"SERIES 1972 BONDS" shall mean the Dallas -Fort Worth Regional Airport
Joint Revenue Bonds, Series 1972, authorized by the 1972 Ordinance.
"SERIES 1976 BONDS" shall mean the Dallas -Fort Worth Regional Airport
Joint Revenue Refunding Bonds, Series 1976, authorized by the 1976
Ordinance.
"SERIES 1977 BONDS" shall mean the Dallas -Fort Worth Regional Airport
Joint Revenue Construction and Refunding Bonds, Series 1977, authorized
by the 1977 Ordinance.
"SERIES 1978 BONDS" shall mean the Dallas -Fort Worth Regional Airport
Joint Revenue Bonds, Series 1978, authorized by the 1978 Ordinance.
"SERIES 1982 BONDS" shall mean the Dallas -Fort Worth Regional Airport
Joint Revenue Bonds, Series 1982, authorized by the 1982 Ordinance.
"SERIES 1982A BONDS" shall mean the Dallas -Fort Worth Regional Airport
Joint Revenue Bonds, Series 1982A, authorized by the 1982A Ordinance.
"SERIES 1984 BONDS" shall mean the Dallas -Fort Worth Regional Airport
Joint Revenue Bonds, Series 1984, authorized by the 1984 Ordinance.
Minutes of City Council T-3 Page 373
374
Tuesday, February 25, 1992
"SERIES 1984A BONDS" shall mean the Dallas -Fort Worth Regional Airport
Ordinance No. 11024 Joint Revenue Refunding Bonds, Series 1984A, authorized by the 1984A
cont. 11 Ordinance.
"SERIES 1985 BONDS" shall mean the Dallas -Fort Worth Regional Airport
Joint Revenue Bonds, Series 1985, authorized by the 1985 Ordinance.
"SERIES 1987 BONDS" shall mean the Dallas -Fort Worth Regional Airport
Joint Revenue Refunding Bonds, Series 1987, authorized by the 1987
Ordinance.
"SERIES 1991
BONDS"
shall mean
the Dallas -Fort
Worth Regional Airport
Joint Revenue
Bonds,
Series 1991,
authorized by
the 1991 Ordinance.
"SERIES 1991A
BONDS"
shall mean
the Dallas -Fort
Worth Regional Airport
Joint Revenue
Bonds,
Series 1991A,
authorized by
the 1991A Ordinance.
"SERIES 1992
BONDS"
shall mean
the Dallas -Fort
Worth Regional Airport
Joint Revenue Refunding Bonds,
Series 1992, authorized by the 1992
Ordinance.
mature
in
the
year
"SERIES 1992A
BONDS"
shall mean
the Dallas -Fort
Worth Regional Airport
Joint Revenue
Refunding Bonds,
Series 1992A, authorized by the 1992A
Ordinance.
in
the
year
1995
"SERIES 1992B
BONDS"
shall mean
the Dallas -Fort
Worth Regional Airport
Joint Revenue
Bonds,
Series 19928,
authorized by
the 1992B Ordinance.
"SERIES 1994
BONDS"
shall mean
the Dallas -Fort
Worth Regional Airport
Joint Revenue Refunding Bonds,
Series 1994, authorized by the 1994
Ordinance.
to
mature
in
the
ARTICLE III
THE BONDS
Section 3.1. Authorization. So as to protect the public safety and in
order to promote and advance the general welfare of the citizens of Dallas and
Fort Worth and the North Central Texas region, it is hereby declared necessary
that the Cities issue, and the Cities hereby authorize and direct the issuance
of the Dallas -Fort Worth Regional Airport Joint Revenue Refunding Bonds, Series
1992B, in the aggregate principal amount of $109,940,000, pursuant to the
provisions of Article 46d, Article 1269]-5.1, Article 717k and Article 717q
V.A.T.C.S., as amended, for the purpose of refunding on May 1, 1992 (i) at a
redemption price of par plus accrued interest to such date $80,985,000 of the
Series 1972 Bonds maturing on November 1, 2002 being Series 1972 Bonds numbered
3,001 to 22,400, both inclusive, less the numbers inclusive therein representing
$16,015,000 of such maturity previously delivered and canceled by the Paying
Agent/Registrar in accordance with the sinking fund established therefor and
(ii) at a purchase price of one hundred one percent (101%) of par plus accrued
interest to such date $47,000,000 of the Series 1976 Bonds maturing on November
1, 1993 and November 1, 1999, being Series 1976 Bonds numbered 9,301 to 18,700,
both inclusive (the "Refunded Bonds"), now outstanding. It is hereby officially
found and determined that the proceeds of the Series 1992B Bonds, together with
the money hereafter authorized and directed to be transferred from the Interest
and Sinking Fund to the Dallas -Fort Worth Regional Airport Series 1992B Special
Escrow Fund pursuant to Article V hereof, will be sufficient to provide funds
to pay the principal of all of the Refunded Bonds, the applicable redemption
premium and the interest thereon to May 1, 1992. The Series 1992B Bonds are
issued as Refunding Bonds pursuant to and as permitted by the 1968 Ordinance,
and shall be on a parity with the Outstanding Bonds remaining outstanding.
Section 3.2. Date, Denominations and Maturities. The Series 1992B Bonds
shall be dated February 1, 1992, shall be in the denomination of $5,000 each,
or any integral multiple thereof, shall be numbered consecutively from one
upward and shall mature and become due and payable on November 1 in the years
and in the amounts as follows:
Years
Amounts
Years
Amounts
1992
$ 3,730,000
1998
$10,475,000
1993
4,355,000
1999-
9,645,000
1994
4,770,000
2000
5,895,000
1995
4,865,000
2001
6,985,000
1996
12,310,000
2002
33,310,000
1997
13,600,000
scheduled
to
Section 3.3. Interest Rates.
A. The Series 1992B Bonds shall bear interest from February 1, 1992 to
their stated maturities or earlier redemption at the following rates:
all
bonds
scheduled
to
mature
in
the
year
1992
... 3.00%
per
annum;
all
bonds
scheduled
to
mature
in
the
year
1993
... 3.75%
per
annum;
all
bonds
scheduled
to
mature
in
the
year
1994
... 4.40%
per
annum;
all
bonds
scheduled
to
mature
in
the
year
1995
... 4.75%
per
annum;
all
bonds
scheduled
to
mature
in
the
year
1996
... 5.00%
per
annum;
all
bonds
scheduled
to
mature
in
the
year
1997
... 5.30%
per
annum;
all
bonds
scheduled
to
mature
in
the
year
1998
... 5.50%
per
annum;
Minutes of City Council T-3 Page 374
375
Tuesday, February 25, 1992
all bonds scheduled to mature in the year 1999 ... 5.75% per annum;
dinance No. 11024 all bonds scheduled to mature in the year 2000 ... 6.00% per annum;
nt. all bonds scheduled to mature in the year 2001 ... 6.00% per annum;
all bonds scheduled to mature in the year 2002 ... 6.00% per annum;
Said interest shall be payable to the registered owner of any such Series
1992B Bond in the manner provided and on the dates stated in the Form of Bond
set forth in Section 3.6 hereof.
Section 3.4. Paying Agent/Registrar.
A. The Cities shall keep or -cause to be kept initially at the office of
NationsBank of Texas, N.A. in Fort Worth, Texas, or such other bank, trust
company, financial institution or other agency named in accordance with the
provisions of G. of this Section 3.4 hereof (the "Paying Agent/Registrar") books
or records of the registration and transfer of the Series 1992B Bonds (the
"Registration Books") and the Cities hereby appoint 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 Cities and
the 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, and
such other information as may be required by law, to which payments with respect
to the Series 1992B Bonds shall be mailed, as herein provided. The Cities or
their 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 1992B 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 the bond, or any portion thereof in any integral multiple of $5,000, to the
assignee or assignees thereof, and the right of such assignee or assignees to
have the bond or any such portion thereof registered in the name of such
assignee or assignees. Upon the assignment and transfer of any Series 1992B
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 19928 Bond shall be registered in
the Registration Books at any time shall be treated as the absolute owner
thereof for all purposes of this 1992B Ordinance, whether or not such bond shall
be overdue, and the Cities 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 Cities hereby further appoint the Paying Agent/Registrar to act
as the paying agent for paying the principal of and interest on the Series 1992B
Bonds, and to act as its agent to exchange or replace Series 1992B Bonds, all
as provided in this 1992B Ordinance. The Paying Agent/Registrar shall keep
proper records of all payments made by the Cities and the Paying Agent/Registrar
with respect to the Series 1992B Bonds, and of all exchanges of such bonds, and
all replacements of such bonds, as provided in this 19926 Ordinance. The Paying
Agent/Registrar shall agree that, to the extent possible, it will transfer or
exchange bonds in no more than 3 business days after receipt of the Series 1992B
Bonds to be transferred or exchanged, together with the written instrument of
transfer or request for exchange duly executed by the holder or his duly
authorized agent, in form satisfactory to the Paying Agent/Registrar.
D. Each Series 1992B Bond m
the manner set forth herein. Eac
1992B Ordinance, to the extent of
principal amount thereof, may, uJ
corporate trust office of the Pay
request therefor duly executed t
assignees thereof, or its or their
with guarantee of signatures satis
option of the registered owner or
be exchanged for fully registered
prescribed in the Form of Bond
denomination of $5,000, or any i
requirement hereinafter stated th
stated maturity date), as requestE
assignee or assignees, in an aggrE
unredeemed principal balance or p
Bonds so surrendered, and payable -
or assignees, as the case may be.
be redeemed prior to its schedule
ty be exchanged for fully registered bonds in
i bond issued and delivered pursuant to this
:he unpaid or unredeemed principal balance or
on surrender of such bond at the principal
ng Agent/Registrar, together with a written
y the registered owner or the assignee or
July authorized attorneys or representatives,
Factory to the Paying Agent/Registrar, at the
such assignee or assignees, as appropriate,
bonds, without interest coupons, in the form
;et forth in this 1992B Ordinance, in the
itegral multiple of $5,000 (subject to the
it each substitute bond shall have a single
J in writing by such registered owner or such
gate principal amount equal to the unpaid or
-incipal amount of any Series 1992B Bond or
,o the appropriate registered owner, assignee
If a portion of any Series 1992B Bond shall
J maturitv 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
surrender thereof for cancellation. If any Series 1992B Bond or portion thereof
is assigned and transferred, each bond issued in exchange therefor shall have
Minutes of City Council T-3 Page 375
376
Tuesday, February 25, 1992
the same principal maturity date and bear interest at the same rate as the bond
Ordinance No. 11024 for which it is being exchanged. Each substitute bond shall bear a letter
cont. and/or number to distinguish it from each other bond. The Paying
Agent/Registrar shall exchange or replace Series 1992B Bonds as provided herein,
and each fully registered bond or bonds delivered in exchange for or replacement
of any Series 1992B Bond or portion thereof as permitted or required by any
provision of this 1992B Ordinance shall constitute one of the Series 19928 Bonds
for all purposes of this 1992B Ordinance, and may again be exchanged or
replaced. It is specifically provided, however, that any Series 1992B Bond
delivered in exchange for or replacement of another Series 1992B Bond prior to
the first scheduled interest payment date on the Series 19926 Bonds (as stated
on the face thereof) shall be dated February 1, 1992, 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 1992B Bond or Bonds issued under this 1992B Ordinance
there shall be printed thereon a Paying Agent/Registrar's Authentication
Certificate, in the form hereinafter set forth. An authorized representative
of the Paying Agent/Registrar shall, before the delivery of any such substitute
bond, date such substitute bond in the manner set forth above, and manually sign
and date such Certificate, and no such substitute bond shall be deemed to be
issued or outstanding unless such Certificate is so executed. The Paying
Agent/Registrar promptly shall cancel all Series 1992B 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 1992B Bond or
portion thereof, and the Paying Agent/Registrar shall provide for the printing,
execution and delivery of the substitute bonds in the manner prescribed herein.
Pursuant to Article 717k-6, V.A.T.C.S., and particularly Section 6 thereof, the
duty of exchange or replacement of any Series 1992B Bonds as aforesaid is hereby
imposed upon the Paying Agent/Registrar, and, upon the execution of the above
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 19926 Bonds which originally were delivered
pursuant to this 1992B Ordinance, approved by the Attorney General, and
registered by the Comptroller of Public Accounts.
E. All Series 1992B Bonds issued in exchange or replacement of any other
Series 1992B Bond or portion thereof, (i) shall be issued in fully registered
form, without interest coupons, with the principal of and interest on such
Series 19926 Bonds to be payable only to the registered owners thereof, (ii) may
be transferred and assigned, (iii) may be exchanged for other Series 1992B
Bonds, (iv) shall have the characteristics, (v) shall be signed and sealed, and
(vi) the principal of and interest on the Series 1992B Bonds shall be payable,
all as provided, and in the manner required or indicated, in the Form of Bond
set forth in this 1992B Ordinance.
If any of the officers who shall have signed or sealed any of the Series
1992B Bonds or whose facsimile signature shall be upon the Series 1992B Bonds
shall cease to be such officer of the Cities before the Series 1992B Bond so
signed and sealed shall have been authenticated by the Paying Agent/Registrar
or delivered, such Series 1992B Bonds nevertheless may be authenticated, issued
and delivered with the same force and effect as the person or persons who signed
or sealed such Series 1992B Bonds or whose facsimile signature shall be upon the
Series 1992B Bonds had not ceased to be such officer of the Cities; and any such
Series 1992B Bond may be signed and sealed on behalf of the Cities by those
persons who, at the actual date of the execution of such Series 1992B Bonds,
shall be the proper officers of the Cities, although at the date of such Series
1992B Bond any such persons shall not have been such officer of the Cities.
F. The Cities, acting by and through the Board, shall pay the Paying
Agent/Registrar's reasonable and customary fees and charges for making transfers
and exchanges of Series 1992B Bonds, but the registered owner of any Series
1992B Bond requesting such transfer or exchange shall pay any taxes or other
governmental charges required to be paid with respect thereto. In addition, the
Cities hereby covenant with the registered owners of the Series 1992B Bonds that
they 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 the
principal of and interest on the Series 1992B Bonds, when due, and (ii) pay the
fees and charges of the Paying Agent/Registrar for services with respect to the
transfer, exchange or registration of Series 1992B Bonds solely to the extent
above provided.
G. The Cities covenant with the registered owners of the Series 1992B
Bonds that at all times while the Series 1992B Bonds are outstanding the Cities
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 1992B Bonds under this 1992B Ordinance, and that
the Paying Agent/Registrar will be one entity. The Cities reserve the right to,
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,
Minutes of City Council T-3 Page 376
377
Tuesday, February 25, 1992
the Cities covenant that they promptly will appoint a competent and legally
Ordinance No. 11024 qualified national or state banking institution which shall be a corporation
cont. 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 1992B 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 1992B Bonds,
to the new Paying Agent/Registrar designated and appointed by the Cities. Upon
any change in the Paying Agent/Registrar, the Cities promptly will cause a
written notice thereof to be sent by the new Paying Agent/Registrar to each
registered owner of the Series 1992B 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 1992B
Ordinance, and a certified copy of this 1992B Ordinance shall be delivered to
each Paying Agent/Registrar.
H. The Series 1992B Bonds herein authorized shall be issued initially as
one fully registered bond (the "Initial Bond") in the principal amount of
$109,940,000 with principal installments to become due and payable as provided
in Section 3.2 hereof, bearing interest as described in Section 3.3 hereof, and
numbered T-1, and registered in the name of "The First Boston Corporation," as
the representative of the Underwriters named in Article IV of this 1992B
Ordinance. The Initial Bond shall manually signed and shall be submitted to the
Office of the Attorney General of the State of Texas.
Section 3.5. Prior Redemption. The Series 1992B Bonds shall not be
redeemable at the election of the Cities prior to maturity.
Section 3.6. Forms. The form of all Series 1992B Bonds, including the
form of the Paying Agent/Registrar's Certificate, the Form of Assignment, and
the form of the Registration Certificate of the Comptroller of Public Accounts
of the State of Texas to accompany the Series 1992B Bonds on the initial
delivery thereof, and shall be, respectively, substantially as follows, with
such necessary and appropriate variations, omissions and insertions as permitted
or required by this 1992B Ordinance, to -wit:
[THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
(FORM OF BOND)
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF DALLAS AND TARRANT
DALLAS -FORT WORTH REGIONAL AIRPORT
JOINT REVENUE REFUNDING BOND
Series 1992B
Dated: February 1, 1992
MATURITY DATE INTEREST RATE ORIGINAL ISSUE DATE CUSIP
Registered Owner:
Principal Amount:
On the Maturity Date specified above, the Cities of Dallas and Fort Worth
(herein collectively called the "Cities") municipal corporations duly
incorporated under the laws of the State of Texas, for value received, hereby
jointly promise to pay to the Registered Owner shown above, or to the registered
assignee hereof (either being hereinafter called the "registered owner") solely
from the revenues and funds described herein, the principal amount shown above
and to pay interest thereon, from the Original Issue Date specified above, to
the date of its scheduled maturity or the date of its redemption prior to
scheduled maturity, at the rate of interest per annum specified above, with said
interest being payable on May 1, 1992, and semiannually on each November 1 and
May 1 thereafter, except that if the Paying Agent/Registrar's Authentication
Certificate appearing on the face of this bond is dated later than May 1, 1992,
such interest is payable semiannually on each May 1 and November 1 following
such date.
The terms and provisions of this bond are continued on the reverse side
hereof and shall for all purposes have the same effect as though fully set forth
at this place.
* The principal of and interest on this bond are payable in lawful money of
the United States of America, without exchange or collection charges. The
principal of this bond shall be paid to the registered owner hereof upon
presentation and surrender of this bond at maturity or upon the date fixed for
its redemption prior to maturity, at the trust office of NationsBank of Texas,
N.A., in Dallas, Texas, which is the initial "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 "Record
Date," which is the 15th day of the month next preceding such interest payment
Minutes of City Council T-3 Page 377
378
Tuesday, February 25, 1992
date by check drawn by the Paying Agent/Registrar on, and payable solely from,
Ordinance No. funds of the Cities required to be on deposit with the Paying Agent/Registrar
11024 cont. for such purpose as hereinafter provided; and such check shall be sent by the
Paying Agent/Registrar by United States mail, postage prepaid, on each such
interest payment date, to the registered owner hereof at its address as it
appears on the Registration Books kept by the Paying Agent/Registrar, as
hereinafter described or, in lieu of payment by check, by such other method,
separately agreed to in writing by the Paying Agent/Registrar and the holder
hereof with the risk and expense thereof to be borne solely by the holder. In
the event of a non-payment of interest on one or more maturities on a scheduled
payment date, and for 30 days thereafter, a new Record Date for such interest
payment for such maturity or maturities (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. Notice of the Special Record Date and of the
scheduled payment date of the past due interest (the "Special Payment Date"
which shall be 15 days after the Special Record Date) shall be sent at least
five business days prior to the Special Record Date by United States mail, first
class, postage prepaid, to the address of each holder of a bond of such maturity
or maturities appearing on the 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. The Cities covenant with the registered owner of this bond that no
later than each principal payment date and interest payment date for this bond
they will make available to the Paying Agent/Registrar, solely from the revenues
and funds described herein, the amounts required to provide for the payment, in
immediately available funds, of all principal of and interest on the bonds, when
due.
* If the date for the payment of the principal of or interest on this bond
shall be a Saturday, Sunday, a legal holiday or a day on which banking
institutions in the city where the Paying Agent/Registrar is located are
authorized by law or executive order to close, then the date for such payment
shall be the next succeeding day which is not such a Saturday, Sunday, legal
holiday or a day on which banking institutions are authorized to close; and
payment on such date shall have the same force and effect as if made on the
original date payment was due.
* The bonds of this series shall not be redeemable at the election of the
Cities prior to maturity.
* The bonds of this series are issued under and pursuant to the laws of the
State of Texas and an ordinance passed concurrently on November 11 and November
12, 1968, respectively, by the City Councils of the Cities of Dallas and Fort
Worth entitled "1968 Regional Airport Concurrent Bond Ordinance" (the "1968
Ordinance") and, together with any other "Bonds" (as defined in the 1968
Ordinance) heretofore or hereafter issued in accordance with the 1968 Ordinance
are equally and ratably secured by the revenues herein described.
* This bond is one of a duly authorized series of bonds of like tenor and
effect, except as to number, principal amount, interest rate, maturity and right
of prior redemption, aggregating $109,940,000, issued by the Cities for the
purpose of refunding certain of the Bonds previously issued and outstanding
pursuant to the Twenty First Supplemental Regional Airport Concurrent Bond
Ordinance (the "Twenty First Supplemental Ordinance") adopted by the City
Councils of said Cities supplemental to the 1968 Ordinance. For the purpose of
providing for and securing the payment of the Bonds including this series of
bonds, the Cities have jointly pledged their respective interests in the
"Pledged Revenues" to be derived from the ownership and operation of the
Dallas -Fort Worth International Airport. Such Pledged Revenues will be on
deposit from time to time in various funds created by the 1968 Ordinance and
Ordinances supplemental thereto. Pledged Revenues are defined in the 1968
Ordinance to be the "Gross Revenues" of said Airport less the amount required
to pay the Senior Lien Bonds which matured and were paid on October 1, 1990.
Reference is made to the 1968 Ordinance, as supplemented, and the ordinance
authorizing this series of bonds for the definition of Gross Revenues and for
a description of the revenues and funds charged with and pledged to the payment
of the interest on and principal of the Bonds and the series of bonds of which
this bond is one, the nature and extent of the security thereof, a statement of
the rights, duties and obligations of each of the Cities, respectively, the
rights and remedies of bondholders in the event of default thereunder, and the
rights and priorities of the holders of said bonds, to all the provisions of
which the holder hereof by the acceptance of this bond assents and agrees.
* As provided in the 1968 Ordinance, the obligations of the Cities to pay
money hereon out of Pledged Revenues are joint, and not several, and except as
otherwise provided therein no claim, demand, suit or judgment shall ever be
asserted, entered or collected against or from one City without the other and
no individual liability shall ever exceed in the case of Dallas 7/11ths of the
total amount thereof, and in the case of Fort Worth 4/11ths of the total amount
thereof, and, except as otherwise provided in the 1968 Ordinance, such sums
shall be payable and collectable solely from the funds in which Pledged Revenues
shall from time to time be on deposit.
* The 1968 Ordinance, as supplemented, provides that, to the extent therein
stated, the Board, acting on behalf of the Cities, shall fix and shall from time
to time revise the rate of compensation for use of and for services rendered by
or at the Dallas -Fort Worth International Airport which will be fully sufficient
to produce Pledged Revenues adequate to pay the operation and maintenance
expenses thereof plus 1.25 times the amounts required to be deposited to the
Minutes of City Council T-3 Page 378
379
Tuesday, February 25, 1992
credit of the Interest and Sinking Fund (established by the 1968 Ordinance) for
Ordinance No. 11024 the payment of the principal of and interest on the parity Bonds from time to
cont. time outstanding thereunder as the same shall become due and payable and to
timely purchase or redeem such Bonds prior to maturity as required therein. It
is further provided in said Ordinance that to the extent Pledged Revenues are
not adequate for said purposes and for the additional purpose of properly and
adequately maintaining and operating said Airport, the Cities pledge and
obligate themselves to levy and collect the ad valorem tax defined therein as
the "Maintenance Tax," and to devote the proceeds thereof to the purpose of
operating and maintaining said Airport in lieu of using revenues for said
purpose, subject at all times to the limits of said tax provided by law and in
said Ordinance. As further provided in said Ordinance, the obligations of the
Cities to levy and collect such tax are several, and not joint, and no action,
claim, suit or demand shall be made against one City for the default of the
other, each City's respective obligation being limited to the collection of its
proportionate amount required from said tax for such purposes, all as specified
in said Ordinance.
* The registered owner hereof shall never have the right to demand payment
of this obligation out of any funds raised or to be raised by taxation.
* 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 Twenty First Supplemental 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 assignment printed or endorsed on this bond may be
executed by the registered owner to evidence the assignment hereof, but such
method is not exclusive, and other instruments of assignment satisfactory to the
Paying Agent/Registrar may be used to evidence the assignment of this bond or
any portion or portions hereof from time to time by the registered owner. In
the case of an assignment, transfer or exchange of a bond or bonds or any
portion or portions thereof, the fees and charges of the Paying Agent/Registrar
will be paid by the Cities, but 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 Cities nor the Paying
Agent/Registrar shall be required to transfer or exchange any bonds selected for
redemption when such redemption is scheduled to occur within 45 calendar days;
provided, however, such limitation shall not apply to an exchange by the holder
of an unredeemed balance of a bond called for redemption in part.
* In the event any Paying Agent/Registrar for the bonds is changed by the
Cities, resigns or otherwise ceases to act as such, the Cities have covenanted
in the Twenty First Supplemental Ordinance that they promptly will appoint a
competent and legally qualified substitute therefor, whose qualifications
substantially are similar to the previous Paying Agent/Registrar it is
replacing, and promptly will cause written notice thereof to be mailed to the
registered owners of the bonds.
* By becoming the registered owner of this bond, the registered owner
thereby acknowledges all of the terms and provisions of the 1968 Ordinance, as
supplemented, agrees to be bound by such terms and provisions, acknowledges that
said Ordinance is duly recorded and available for inspection in the official
minutes and records of the Cities, and agrees that the terms and provisions of
this bond and said Ordinance constitute a contract between each registered owner
hereof and the Cities.
It is hereby certified and recited that all acts and things required by
the Constitution and laws of the State of Texas to be done, to exist and to be
performed precedent to and in the issuance of this bond and the series of which
it is one have been done, do exist and have been performed as so required.
IN WITNESS WHEREOF, the City Council of the City of Dallas, Texas, has
caused the facsimile seal of that City to be placed hereon and this bond to be
signed by the facsimile signature of its Mayor and countersigned by the
facsimile signatures of its Director of Finance and City Secretary; and the City
Counsel of the City of Fort Worth, Texas, has caused the facsimile seal of that
City to be placed hereon and this bond to be signed by the facsimile signature
of its Mayor, countersigned by the facsimile signature of its Assistant City
Secretary, and approved as to form and legality by its City Attorney.
Minutes of City Council T-3 Page 379
M
Ordinance No. 11024
cont.
Tuesday, February 25, 1992
COUNTERSIGNED:
Director of Finance,
City of Dallas, Texas
City Secretary,
City of Dallas, Texas
COUNTERSIGNED:
Assistant City Secretary,
City of Fort Worth, Texas
APPROVED AS TO FORM AND LEGALITY:
City Attorney,
City of Fort Worth, Texas
Mayor,
City of Dallas, Texas
Mayor,
City of Fort Worth, Texas
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 said Ordinance described on the face of this bond; and that this bond has
been issued in exchange for or replacement of a bond, bonds, or a portion of a
bond or bonds of an issue which originally was approved by the Attorney General
of the State of Texas and registered by the Comptroller of Public Accounts of
the State of Texas.
Dated
Paying Agent/Registrar
By
Authorized Signature
FORM OF ASSIGNMENT:
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
Please insert Social Security or Taxpayer Identification Number of Transferee
Please print or type 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 o t o wi t i n Bond on the books kept for
registration thereof with full power of substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signatures mist be guaranteed
by a marber firm of the 1tw York Stock
Exchange or a cuummial bank or trust cavy.
NJRCE: The signature above mist correspond
with the nam of the Registered Owner as it
appears upon the front of this Band in eery
particular, without alteration or enl&7Tent
or any change 4atsoever.
Minutes of City Council T-3 Page 380
381
Tuesday, February 25, 1992
** (FORM OF COMPTROLLER'S CERTIFICATE ATTACHED TO
Ordinance No. 11024 THE BONDS UPON INITIAL DELIVERY THEREOF)
cont.
OFFICE OF COMPTROLLER
STATE OF TEXAS
REGISTER NO.
I hereby certify that there is on file and of record in my office a
certificate of the Attorney General of the State of Texas to the effect that
this Bond has been examined by him as required by law, and that he finds that
it has been issued in conformity with the Constitution and laws of the State of
Texas, and that it is a valid and binding special obligation of the Cities of
Dallas and 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.
(Seal)
WITNESS MY HAND and seal of office at Austin, Texas
Comptroller of Public Accounts of the State
of Texas
FORM OF INITIAL BOND
The Initial Bond shall be in the form set forth above, excep
will be no Paying Agent/Registrar Certificate and the form o
fully registered Initial Bond shall be modified as follows:
that there
the single
(i) Immediately after the name of the Bond the headings "INTEREST RATE
-11 and "MATURITY DATE M shall be both completed with the
words "as shown below" and the headings "Original Issue Date",
"Cusip" and "Principal Amount" shall not appear thereon.
(ii) Paragraph one shall read as follows:
On the Maturity Dates specified below, the Cities of Dallas and Fort Worth
(herein collectively called the "Cities") municipal corporations duly
incorporated under the laws of the State of Texas, for value received, hereby
jointly promises to pay to the Registered Owner shown above, or to the
registered assignee hereof (either being hereinafter called the "registered
owner") solely from the revenues and the funds described herein, the principal
amount as shown below and to pay interest thereon at the interest rates shown
below, from February 1, 1992, to the dates of scheduled maturity or the date of
its redemption prior to scheduled maturity, with said interest being payable on
May 1, 1992, and semiannually on each November 1 and May 1 thereafter.
MATURITY PRINCIPAL INTEREST
DATE AMOUNT RATE
(Information to be inserted from schedules
in Sections 3.2 and 3.3).
*9 to be on reverse of bond
**9 not to be on bond
ARTICLE IV
EXECUTION, APPROVAL, REGISTRATION, SALE
AND DELIVERY OF SERIES 1992B BONDS AND RELATED DOCUMENTS
Section 4.1. Method of Execution. Each of the Series 1992B Bonds shall
be signed and executed on behalf of the City of Dallas by the manual or
facsimile signature of its Mayor and countersigned by the manual or facsimile
signatures of its Director of Finance and City Secretary, and the corporate seal
of that City shall be impressed or printed or lithographed on each bond. Each
of the Series 1992B Bonds shall be signed and executed on behalf of the City of
Fort Worth by the manual or facsimile signature of its Mayor and countersigned
by the manual or facsimile signature of its City Secretary; the same shall be
approved as to form and legality by the manual or facsimile signature of the
City Attorney of the City, and its corporate seal shall be impressed or printed
or lithographed upon each bond. All manual or facsimile signatures placed upon
the Series 1992B Bonds shall have the same effect as if manually placed thereon,
all as provided in Article 717j-1, V.A.T.C.S., as amended.
Section 4.2. Approval and Registration. The Board is hereby authorized
to have control and custody of the Series 1992B Bonds and all necessary records
and proceedings pertaining thereto pending their delivery, and the Chairman and
officers and employees of the Board and of the Cities are hereby authorized and
instructed to make such certifications and to execute such instruments as may
be necessary to accomplish the delivery of said bonds to the Attorney General
of the State of Texas and to assure the investigation, examination and approval
thereof by the Attorney General of the State of Texas and their registration by
the Comptroller of Public Accounts. Upon registration of the Series 1992B
Bonds, the Comptroller of Public Accounts (or a deputy designated in writing
Minutes of City Council T-3 Page 381
382
Tuesday, February 25, 1992
to act for him) shall manually sign the Comptroller's Registration
dinance No. 11024 Certificate accompanying the Series 1992B Bonds, and the seal of the Comptroller
nt. shall be impressed, or placed in facsimile, on each such certificate. The
Chairman of the Board and the Executive Director of the Airport shall be further
authorized to make such agreements and arrangements with the purchasers of said
bonds and with the Paying Agent/Registrar as may be necessary to assure that the
same will be delivered to such purchasers in accordance with the terms of sale.
Section 4.3. A. The Sale of the Bonds. The Series 1992B Bonds are
hereby sold in accordance with law and shall be delivered to the Underwriters
(listed in Schedule I to the Underwriting Agreement dated February 26, 1992) at
the price of $108,580,790.75, plus accrued interest on the Series 1992B Bonds
from February 1, 1992 to and through the day preceding the date of delivery and
in accordance with the terms and conditions set forth in said Underwriting
Agreement. The Cities hereby agree and direct that the Series 1992B Bonds shall
be offered and sold at the Original Issue Discounts as set forth on the cover
of the Official Statement relating to the Series 1992B Bonds approved by the
Board. The initial Series 1992B Bond shall be registered in the name of The
First Boston Corporation.
B. Underwriting Agreement. The Underwriting Agreement setting forth the
terms of the sale of the Series 19928 Bonds to the purchasers thereof referred
to in Section 4.3A above is hereby accepted, approved and authorized to be
delivered in executed form to the said purchasers. The Underwriting Agreement
shall be executed on behalf of the City of Dallas by the City Manager with its
corporate seal impressed thereon, and approved as to form by the Acting City
Attorney. The Underwriting Agreement shall be executed on behalf of the City
of Fort Worth by the City Manager with its corporate seal impressed thereon,
attested by the Assistant City Secretary, and approved as to form and legality
by the City Attorney.
C. TEFRA Approval. Richard S. Williams is hereby appointed to be the
designated Hearing Officer for a public hearing relating to the Series 1992B
Bonds to be held for purposes of satisfying Section 147 of the Code and the
Mayors are hereby authorized to approve the issuance of the Bonds and the use
of the proceeds thereof for the purpose of satisfying the requirements of
Section 147 of the Code.
D. Approval of Credit Agreements. The Board is hereby authorized to
enter into from time to time while the Series 1992B Bonds are outstanding credit
agreements relating to the Series 1992B Bonds in accordance with Article 717q
V.A.T.C.S., as amended. Any amounts due and owing by the Board under such
credit agreements shall be Operation and Maintenance Expenses payable solely
from the Operating Revenue and Expense Fund in accordance with the flow of funds
and order of priorities established by Section 7.3 of the 1968 Ordinance.
E. Escrow Agreement and Call of Refunded Bonds. The Escrow Agreement in
substantially the form attached hereto and made a part hereof as Exhibit A is
hereby accepted, approved and authorized to be executed and delivered in such
form, with such changes and modifications as the respective City Attorneys shall
approve as necessary and appropriate as conclusively evidenced by their
execution thereof, to the respective parties set forth in such Agreement. Such
Agreement shall be executed on behalf of the City of Dallas by the City Manager,
with its corporate seal impressed thereon, and approved as to form by the Acting
City Attorney. Such Agreement shall be executed on behalf of the City of Fort
Worth by the City Manager, with its corporate seal impressed thereon, attested
by the Assistant City Secretary, and approved as to form and legality by the
City Attorney. The Refunded Bonds are hereby called for option redemption on
May 1, 1992 as contemplated by the Escrow Agreement and this 1992B Ordinance.
The Executive Director is hereby authorized and directed to issue and publish
notices of such redemption as required by the Supplemental Regional Airport
Concurrent Bond Ordinances authorizing such Refunded Bonds.
F. Cities Direction to Board Regarding Reimbursement Regulations. The
Cities hereby direct and authorize -the Board, in accordance with the provisions
of section 1.103-18(f)(1)(i) of the Treasury Regulations, to adopt, on their
behalf, such resolutions or other statements relating to reimbursement of costs
as required by the provisions of section 1.103-18 of the Treasury Regulations,
which apply to bonds or other obligations issued after March 2, 1992. In
particular, the Cities authorize the Board to take such action in declaring the
official intent of the Cities to reimburse expenditures previously paid in
connection with authorized projects as may be required by section 1.103-18(f)(1)
of the Treasury Regulations. The Cities further direct the Board staff
secretary to forward to each City Manager certified copies of any resolution
adopted pursuant to such direction as soon as practicable after the adoption
thereof.
ARTICLE V
DISPOSITION OF BOND PROCEEDS
Section 5.1. Disposition of Bond Proceeds. The proceeds from the sale
of the Series 1992B Bonds, together with available funds herein provided, shall
be applied on March 25, 1992 as follows:
To NationsBank of Texas, N.A., as paying agent for the Refunded Bonds and
as Escrow Agent under the Dallas -Fort Worth International Airport Series 1992B
Special Escrow Fund created and established with said bank in accordance with
the terms of the Dallas -Fort Worth International Airport Series 1992B Escrow
Minutes of City Council T-3 Page 382
383
Tuesday, February 25, 1992 1
Agreement dated as of February 1, 1992 (i) $4,052,781.25 from the Interest and
Ordinance No. 11024 Sinking Fund representing amounts on deposit therein equal to the interest
cont. accruing from November 1, 1991 to May 1, 1992 on the amount of the Refunded
Bonds, together with the amount required by Section 5.2 hereof to be deposited
to the Interest and Sinking Fund; (ii) $108,023,682 received as a result of the
initial delivery of the Series 1992B Bonds, which amount, together with the
amount set forth in (i) hereof will be sufficient to provide for the payment the
principal of, and premium, due on the Refunded Bonds on May 1, 1992 and the
Paying Agent charges on the Refunded Bonds; and (iii) to the Interest and
Sinking Fund the amount received representing the accrued interest received from
the purchasers of the Series 1992B Bonds to be applied to the November 1, 1992
interest payment on the Series 1992B Bonds and (iv) any remaining funds shall
be applied to pay costs of issuance.
Section 5.2. Reserve Fund. In accordance with the requirements of the
1976 Ordinance it is hereby found and determined that the average annual
principal and interest requirements for all Bonds outstanding as of the date of
delivery of the Series 19926 Bonds will be $70,658,623 and that taking into
consideration the delivery of the Series 1992 Bonds and Series 1994 Bonds,
together with interest thereon at a rate of 15% per annum, the average annual
principal and interest requirements are $73,196,807. The current amount of
deposits to the Reserve Fund is $94,000,000 and $20,500,000 shall be transferred
on the date of delivery of the 1992B Bonds to the Operating Reserve and Expense
Fund and thereafter be immediately transferred to the Interest and Sinking Fund
in order to provide a portion of the funds to be transferred therefrom pursuant
to Section 5.1 (i).
ARTICLE VI
ADOPTION OF PROVISIONS OF CERTAIN ORDINANCES, PLEDGE,
INTEREST AND SINKING FUND
Section 6.1. Adoption. The Series 1992B Bonds authorized hereby are
parity "Refunding Bonds" as the term is defined herein and as permitted to be
issued in the 1968 Ordinance, and in addition to'the definitions set forth in
Article II of the 1968 Ordinance heretofore adopted, for purposes of this 1992B
Ordinance, Section 2.2 of Article II and Articles V through XI, both inclusive,
of the 1968 Ordinance, Sections 7.2 and 7.3 of the 1970 Ordinance, Sections 7.2,
7.4 and 7.5 of the 1976 Ordinance and Sections 6.4 and 7.2 of the 1977 Ordinance
are hereby adopted by reference and shall be applicable to the Series 1992B
Bonds and all Bonds currently outstanding for all purposes, except to the extent
hereinafter specifically modified or supplemented.
Section 6.2. Pledge. The principal of and the interest on the Series
1992B Bonds and the Outstanding Bonds are and shall be secured by and payable
from a first lien on and pledge of the Pledged Revenues and the funds in which
they shall from time to time be on deposit. Such revenues are hereby
irrevocably pledged to the payment of the Outstanding Bonds, the Series 1992B
Bonds and any other Bonds hereafter issued in accordance with the terms of the
1968 Ordinance.
Section 6.3. Interest and Sinking Fund. In addition to all other amounts
required by the 1976 Ordinance, the 1977 Ordinance, the 1978 Ordinance, the
1982A Ordinance, the 1984 Ordinance, the 1984A Ordinance, the 1985 Ordinance,
the 1987 Ordinance, the 1991 Ordinance, the 1991A Ordinance, the 1992 Ordinance,
the 1992A Ordinance and the 1994 Ordinance, so long as any of the Series 19928
Bonds remain outstanding and unpaid the Board shall transfer on or before the
1st day of each month, from the Operating Revenue and Expense Fund (except for
the amount of the accrued interest, if any, received from the purchasers of the
Series 1992B Bonds) to the Interest and Sinking Fund, after taking into account
unexpended investment earnings on deposit in the Interest and Sinking Fund:
A. beginning on April 1, 1992, in equal monthly installments an amount
necessary to provide 1/6 of the amount of interest to become due on the Series
1992B Bonds on November 1, 1992, and thereafter in equal monthly installments
an amount necessary to provide 1/6th of the amount of interest to become due on
the Series 1992B Bonds on May 1, 1993 and on each succeeding interest payment
date thereafter;
B. beginning on April 1, 1992, in equal monthly installments an amount
necessary to provide 1/6 of the amount of principal of the Series 1992B Bonds
maturing on November 1, 1992 after taking into account amounts previously
collected commencing October 1, 1991 through March 1, 1992 with respect to the
Refunded Bonds which will now be available for payment of the Series 1992B Bonds
maturing November 1, 1992 and thereafter beginning on October 1, 1992 for the
Series 1992B Bonds maturing November 1, 1993 to November 1, 2012, both
inclusive, an amount necessary to provide in twelve equal installments the
amount of principal of the Series 1992B Bonds maturing on November 1 following
each of the twelve month periods ending September 30, 1993, through September
30, 2012; and
Section 6.4. Transfers to Paying Agent/Registrar. The Director of
Finance shall make transfers of funds on deposit in the Interest and Sinking
Fund for payment of the principal of and interest on the Series 1992B Bonds to
the Paying Agent/Registrar on the applicable due dates and redemption dates in
immediately available funds.
Minutes of City Council T-3 Page 383
WE
Tuesday, February 25, 1992
ARTICLE VII
Ordinance No. 11024 MISCELLANEOUS COVENANTS AND PROVISIONS
cont.
Section 7.1. Use of Bond Proceeds.
A. The Cities covenant to and with the purchasers of the Series 1992B
Bonds that they will make no use of the proceeds of such Bonds at any time
throughout the term of such Bonds which, if such use had been reasonably
expected on the date of delivery of such Bonds to and payment for such Bonds by
the purchasers, would have caused such Bonds to be arbitrage bonds within the
meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the
"Code"), or any regulations or rulings pertaining thereto; and by this covenant
the Cities are obligated to comply with the requirements of the aforesaid
Section 148 and all applicable and pertinent Department of the Treasury
regulations relating to arbitrage bonds. The Cities further covenant that the
proceeds of such Bonds will not otherwise be used directly or indirectly so as
to cause all or any part of such Bonds to be or become arbitrage bonds within
the meaning of the aforesaid Section 148, or any regulations or rulings
pertaining thereto. The Cities further covenant to comply with the requirements
of Sections 148(d) and 148(f) of the Code including restrictions on reserve fund
investments and limitations on investments in nonpurpose obligations and the
requirement of such Section that certain earnings on nonpurpose obligations be
paid to the United States.
B. The Cities covenant to and with the purchasers of the Series 1992B
Bonds that they will make no use of the proceeds of such Bonds at any time
throughout the term of such Bonds which would cause the interest to be paid on
the Series 1992B Bonds to not be exempt from all present federal income taxes
under existing statutes, regulations, published rulings and court decisions
except possibly as provided by Section 147(a) of the Code, with respect to any
Series 1992B Bond for any period during which such Bond is held by a person who
is a substantial user of the facilities financed or refinanced with the proceeds
of the Series 1992B Bonds, or by a "related person" as defined in the applicable
provisions of the Code.
C. The Cities covenant to and with the purchasers of the Series 1992B
Bonds that the facilities financed or to be financed with the proceeds of the
Refunded Bonds have or will have a remaining average reasonably expected
economic life of at least 84 percent of the average maturity of the Series 1992B
Bonds determined under Section 147(b) of the Code.
Section 7.2. Covenant Not to Impair. The Cities covenant that the
Dallas -Fort Worth Regional Airport Use Agreement, entered into between the Board
and various airlines, as amended by the Second Amendment, dated as of October
1, 1981, the Passenger Service Special Facilities Agreement, dated as of April
1, 1972, and the Capital Improvement Trust Account Agreement dated as of April
1, 1972, as amended as of October 1, 1981, will not be amended, altered or
rescinded in any manner so as to impair the rights or security of the holders
of the Series 1992B Bonds.
Section 7.3. Observance of Covenants. The Board, the officers, employees
and agents are hereby directed to observe, comply with and carry out the terms
and provisions of this 1992B Ordinance.
Section 7.4. Damaged, Mutilated, Lost, Stolen or Destroyed Bonds.
A. In the event any outstanding Series 1992B 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 1992B
Bond, in replacement for such Series 1992B Bond in the manner hereinafter
provided.
B. Application for replacement of damaged, mutilated, lost, stolen or
destroyed Series 1992B Bonds shall be made to the Paying Agent/Registrar. In
every case of loss, theft or destruction of a Series 1992B Bond, the applicant
for a replacement bond shall furnish to the Cities 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 1992B Bond, the applicant
shall furnish to the Cities and to the Paying Agent/Registrar evidence to their
satisfaction of the loss, theft or destruction of such Series 1992B Bond, as the
case may be. In every case of damage or mutilation of a Series 1992B Bond, the
applicant shall surrender to the Paying Agent/Registrar for cancellation the
Series 1992B Bond so damaged or mutilated.
C. Notwithstanding the foregoing provisions of this Section, in the event
any such Series 1992B 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 1992B Bond, the Cities may authorize the payment
of the same (without surrender thereof except in the case of a damaged or
mutilated Series 1992B Bond) instead of issuing a replacement Series 1992B 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 1992B 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
Minutes of City Council T-3 Page 384
ELM
Tuesday, February 25, 1992
Series 1992B Bond is lost, stolen or destroyed shall constitute a contractual
Ordinance No. 11024 obligation of the Cities whether or not the lost, stolen or destroyed Series
cont. 1992B Bond shall be found at any time, or be enforceable by anyone, and shall
be entitled to all the benefits of this 1992B Ordinance equally and
proportionately with any and all other Series 1992B Bonds duly issued under this
1992B Ordinance.
E. In accordance with Section 6 of Art. 717k-6, V.A.T.C.S., as amended,
this Section of this 1992B Ordinance shall constitute authority for the issuance
of any such replacement bond without necessity of further action by the
governing body of the Cities or any other body or person, and the duty of the
replacement of such bonds is hereby authorized and imposed upon the Paying
Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver
such bonds in the form and manner and with the effect, as provided in Section
3.4D of this 1992B Ordinance for Series 1992B Bonds issued in exchange for other
Series 19926 Bonds.
ARTICLE VIII
AMENDMENTS TO ORDINANCE
Section 8.01. Amendments. This 1992B Ordinance may be amended by
concurrent ordinances adopted by the City Councils, in the same manner as
provided in the 1968 Ordinance for the amendment of the 1968 Ordinance.
ARTICLE IX
SEVERABILITY, REPEAL AND COUNTERPARTS
Section 9.1. Ordinance Irrepealable. After any of the Series 1992B Bonds
shall be issued, this 1992B Ordinance shall constitute a contract between the
Cities and the owner or owners of the Series 1992B Bonds from time to time
outstanding, and this 1992B Ordinance shall be and remain irrepealable until the
Series 1992B Bonds and the interest thereon shall be fully paid, canceled,
refunded or discharged or provision for the payment thereof shall be made.
Section 9.2. Severability. If any Section, paragraph, clause or pro-
vision of this 1992B Ordinance shall for any reason be held to be invalid or un-
enforceable, the invalidity or unenforceability of such Section, paragraph,
clause or provision shall not affect any of the remaining provisions of this
1992B Ordinance. If any Section, paragraph, clause or provision of the Contract
and Agreement shall for any reason be held to be invalid or unenforceable, the
invalidity or unenforceability of such Section, paragraph, clause or provision
shall not affect any of the remaining provisions of the Contract and Agreement,
or of any other provisions of this 1992B Ordinance not dependent directly for
effectiveness upon the provision of the Contract and Agreement thus declared to
be invalid and unenforceable.
Section 9.3. Repealer. All orders, resolutions and ordinances, or parts
thereof, inconsistent herewith are hereby repealed to the extent of any such
inconsistency.
Section 9.4. Counterparts. This 1992B Ordinance may be executed in
counterparts, and when duly passed by both Cities, and separate counterparts are
duly executed by each City, the Ordinance shall be in full force and effect.
APPROVED AND ADOPTED BY THE DALLAS CITY COUNCIL THIS FEBRUARY 26, 1992.
APPROVED AS TO FORM:
Acting City Attorney,
City of Dallas, Texas
PASSED FEBRUARY 25, 1992
Mayor, City of Fort Worth, Texas
(SEAL)
ATTEST:
Assistant City Secretary,
City of Fort Worth, Texas
APPROVED AS TO FORM AND LEGALITY:
City Attorney,
City of Fort Worth, Texas
Minutes of City Council T-3 Page 385
386
Tuesday, February 25, 1992
THE STATE OF TEXAS
Ordinance No. 11024 COUNTY OF DALLAS
cont. 11 CITY OF DALLAS
I, Robert S. Sloan, City Secretary of the City of Dallas, Texas, do hereby
certify:
1. That the above and foregoing is a true and correct copy of an
excerpt from the minutes of the City Council of the City of Dallas, had
in regular meeting, February 26, 1992, authorizing the issuance of
Dallas -Fort Worth Regional Airport Joint Revenue Refunding Bonds, Series
19928 which ordinance is duly of record in the minutes of said City
Council.
2. That said meeting was open to the public, and public notice of
the time, place and purpose of said meeting was given, all as required by
Vernon's Ann. Texas Civ. St. Article 6252-17, as amended.
WITNESS MY HAND and seal of the City of Dallas, Texas, this 26th day of
February, 1992.
City Secretary,
City of Dallas, Texas
(SEAL)
THE STATE OF TEXAS
COUNTY OF TARRANT
CITY OF FORT WORTH
I, Gloria Pearson, Assistant City Secretary of the City of Fort Worth,
Texas, do hereby certify:
1. That the above and foregoing is a true and correct copy of an
Ordinance, duly presented and passed by the City Council of the City of
Fort Worth, Texas, at a regular meeting held on February 25, 1992, as same
appears of record in the Office of.the City Secretary.
2. That said meeting was open to the public, and public notice of
the time, place and purpose of said meeting was given, all as required by
Vernon's Ann. Texas Civ. St. Article 6252-17, as amended.
WITNESS MY HAND and the Official Seal of the City of Fort Worth, Texas,
this 25th day of February, 1992.
Assistant City Secretary,
City of Fort Worth, Texas
(SEAL)
ouncil Member Meadows Council Member Meadows announced that the redistricting public hearing for Council
edistricting public District 7 will be held on Wednesday, March 4, 1992, at 6:00 p.m. at the Botanic Garden
earing Conservatory.
ouncil Member Silcox Council Member Silcox announced that the Westside Police Forum will be held at 7:00
edistricting public p.m. on tonight at the Louella Merritt Elementary School, 7325 Kermit and that the
earing redistricting public hearing for Council District 3 will be held on Wednesday, February 26,
1992, at 6:00 p.m. at the Southwest Regional Library.
ouncil Member Woods Council Member Woods announced that the redistricting public hearing for Council
edistricting public
earing District 6 will be held on Monday, March 2, 1992, at 6:00 p.m. at the Southwest Recreation
Center.
ouncil Member Matson Council Member Matson announced that the redistricting public hearing for Council
edistricting public
earing District No. 4 will be held on tonight at 7:00 p.m. at the Eastern Hills High School, 5701
Shelton.
&C OCS-393 There was presented Mayor and Council Communication No. OCS-393 from the Office of the
iability Bonds City Secretary recommending that the City Council authorize the acceptance of liability
bonds and approve the cancellation of liability bonds, with cancellations to remain in full
force and effect for all work performed prior to date of cancellation, as follows:
PARKWAY CONTRACTOR'S BOND INSURANCE COMPANY
Tagan Construction, Inc. Western Surety Company
Ardie Warren Western Surety Company
BVE Precision Concrete, Inc. Lawyers Surety Corporation
Minutes of City Council T-3 Page 386
M&C OCS-393
Liability Bonds cont.
and adopted
Tuesday, February 25, 1992
CANCELLATIONS
PARKWAY CONTRACTOR'S BOND CANCELLATION DATE
INSURANCE COMPANY
887
Hamstra Builders, Inc. 2-25-92 Wausau Insurance
Company
It was the consensus of the City Council that the recommendation be adopted.
OCS-394 Claims There was presented Mayor and Council Communication No. OCS-394 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:
thryn Johnson
John Henkel
Robert Edwin Compton
Gary & Dell Robbins
Laura Marie Bates
Sabrea Wiley
Nina Neal Carter
Martha Jean Felker
1.
2.
3.
4.
5.
Claimant:
Date Received:
Date of Incident:
Attorney:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
6. Claimant:
Date Received:
Date of Incident:
Attorney:
7.
Flop,
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
Claimant:
Date Received:
Date of Incident:
Location of Incident:
Kathryn Johnson
February 13, 1992
December 14, 1991
R. David Weaver
1800 S. Ayers, Fort Worth
Undeclared
Claimant alleges damages and injuries sustained as
a result of a vehicular accident involving a City -
owned vehicle. (Police)
John Henkel
February 13, 1992
January 7, 1992
Bedford Road & 183
$329.73 - $380.74
Claimant alleges damages to automobile sustained
when a barricade marker was struck by another
vehicle causing the barricade marker to hit and
dent claimant's automobile.
Robert Edwin Compton
February 12, 1992
January 22, 1992
Near 6850 Craig St.
$92.00 - $120.66
Claimant alleges damages to vehicle sustained as
a result of road conditions.
Gary & Dell Robbins
February 14, 1992
December 25, 1991
3116 E. Lancaster
$200.00 - $1,984.00
Claimants allege damage to property sustained as
a result of flooding caused by a water main break.
Laura Marie Bates
February 14, 1992
February 3, 1992
Evans Ave. Fort Worth
$782.00 - $1,365.17
Claimant alleges damages to property sustained as
a result of a vehicular accident involving a City -
owned truck.
Sabrea Wiley
February 14, 1992
January 10, 1992
Wallace Brady & Associates, P.C.
Undeclared
Undeclared
Claimant alleges injuries sustained as a result of
a vehicular accident involving a City -owned
vehicle. (Police)
Nina Neal Carter
February 18, 1992
November 19, 1992
Parker Co. - Alcove Add.
Undeclared
Claimant alleges damages to property sustained
during an illegal search by Law Enforcement
personnel.
Martha Jean Felker
February 18, 1992
December 24, 1991
6101 S. Hulen - Conoco
Minutes of City Council T-3 Page 387
Tuesday, February 25, 1992
%L uu�o-.iy4 Liaims Estimate of Damages/
:ont. Injuries: $97.32
4artha Jean Felker Nature of Incident: Claimant alleges a Fort Worth Police Officer
directed him to park in a parking space that
resulted in claimant's automobile being towed and
seeks to recover towing cost.
4icolle, Simone, and 9. Claimant: Nicolle, Simone, and Augstine Bynum
kugsutine Bynum Date Received: February 18, 1992
Date of Incident: December 27, 1991
Location of Incident: Just west of Riglea
Estimate of Damages/
Injuries: $201.20 - $214.22
Nature of Incident: Claimants allege damages to automobile sustained
as a result of debris thrown from a City -owned
vehicle. (Truck)
State Farm Insurance 10. Claimant: State Farm Insurance Companies (Beverly
;ompanies (Beverly Stephenson)
Stephenson) Date Received: February 18, 1992
Date of Incident: January 28, 1992
Location of Incident: 2708 Bilglade, Fort Worth, Texas
Estimate of Damages/
Injuries: $1,259.00
Nature of Incident: Claimant alleges subrogation rights on behalf of
client.
N&C COS -394 adopted It was the consensus of the City Council that the recommendation be adopted.
r% OCS-395 There was presented Mayor and Council Communication No. OCS-395 from the Office of the
correspondence re City Secretary recommending that correspondence from Mr. Stanley Palmer, 912 Ravenwood
Mr. Stanley Palmer Drive, Arlington, Texas, opposing the destruction of two mansions on hilltop in Downtown
destruction of two Fort Worth, be referred to the Office of the City Manager. It was the consensus of the City
mansions on hilltop Council that the recommendation be adopted.
in Downtown Fort Worth
M&C OCS-396 Annexation There was presented Mayor and Council Communication No. OCS-396 from the Office of the
3reen Oaks Boulevard City Secretary stating that Mayor and Council Communication No. L-10802 was approved by City
PASS Project Council on January 7, 1992, approving the timetable for the annexation of 23.36 acres for
the Green Oaks Boulevard PASS Project; that public hearings were held on January 21, 1992,
and February 4, 1992; that the property is located south of Meadowbrook Drive, east of Cooks
Lane and north of E. Lancaster (Highway 80) and, if annexed, it would become a part of City
Council District 4; and recommending that the ordinance be adopted. On motion of Council
Member Puente, seconded by Council Member McCray, the recommendation was 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 McCray. The motion, carrying with it the adoption
of said ordinance, prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente,
Silcox, Matson, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
inance No. 11025 ORDINANCE NO. 11025
AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE
EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT WORTH;
PROVIDING FOR THE ANNEXATION OF A CERTAIN 23.26 ACRES (.0365 SQUARE
MILES) OF LAND, MORE OR LESS, WHICH SAID TERRITORY LIES ADJACENT TO
AND ADJOINS THE PRESENT CORPORATE BOUNDARY LIMITS OF FORT WORTH,
TEXAS; PROVIDING THAT THE TERRITORY ANNEXED SHALL BEAR ITS PRO RATA
PART OF TAXES; PROVIDING THAT THE INHABITANTS THEREOF SHALL HAVE
ALL THE PRIVILEGES OF ALL THE CITIZENS OF FORT WORTH, TEXAS;
PROVIDING THAT THIS ORDINANCE SHALL AMEND EVERY PRIOR ORDINANCE IN
CONFLICT HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT CONFLICT;
PROVIDING FOR SEVERABILITY AND NAMING AN EFFECTIVE DATE.
WHEREAS, a public hearing before the City Council of the City of Fort
Worth, Texas, wherein all interested persons were provided an opportunity to be
heard on the proposed annexation of the territory hereinafter described, was
held in the City Council Chambers, on the 21st day of January, 1992, which date
was not more than forty (40) days nor less than twenty (20) days prior to
institution of annexation proceedings; and
WHEREAS, a second public hearing before the City Council of the City of
Fort Worth, Texas, wherein all interested persons were provided an opportunity
to be heard on the proposed annexation of the territory hereinafter described,
was held in the City Council Chambers in the Municipal Office Building of Fort
Worth, Texas, on the 4th day of February, 1992, which date was not more than
forty (40) days nor less than twenty (20) days prior to the institution of
annexation proceedings; and
Minutes of City Council T-3 Page 388
Tuesday, February 25, 1992
dinance No. 11025 WHEREAS, notice of the first such public hearing was published in a
nt. newspaper having general circulation in the City of Fort Worth, Texas, and in
the hereinafter described territory on the 9th day of January, 1992, which date
was not more than twenty (20) days nor less than ten (10) days prior to the date
of said such public hearing; and
WHEREAS, notice of the second such public hearing was published in a
newspaper having general circulation in the City of Fort Worth, Texas, and in
the hereinafter described territory on the 24th day of January, 1992, which date
was not more than twenty (20) days nor less than ten (10) days prior to the date
of said public hearing; and
WHEREAS, prior to the publication of the notices of public hearings, a
Service Plan providing for the extension of municipal services into the
hereinafter described territory was prepared for inspection by and explanation
to the inhabitants of the area to be annexed; and
WHEREAS, the population of the City of Fort Worth, Texas is in excess of
100,000 inhabitants; and
WHEREAS, the hereinafter described territory lies within the exclusive
extraterritorial jurisdiction of the City of Fort Worth, Texas; and
WHEREAS, the hereinafter described territory lies adjacent to and adjoins
the City of Fort Worth, Texas; and
WHEREAS, the hereinafter described territory contains 23.36 acres (.0365
square miles) of land, more or less;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
That the following described land and territory lying adjacent to and
adjoining the City of Fort Worth, Texas is hereby added to and annexed to the
City of Fort Worth, Texas, and said territory hereinafter described shall
hereafter be included within the boundary limits of the City of Fort Worth,
Texas, and the present corporate boundary limits of said City, at the various
points contiguous to the area hereinafter described, are altered and amended so
as to include said area within the corporate limits of the City of Fort Worth,
Texas, to -wit:
TRACT NO. 1
BEING 1.008 acres situated in the J. M. Steiner Survey, Abstract No. 1972,
Tarrant County, Texas, being a portion of a tract of land conveyed to Alan A.
Hulsey by deed recorded in Volume 10135, Page 1231, Tarrant County Deed Records
and 0.830 acres situated in the S. C. Culver Survey, Abstract No. 276, Tarrant
County, Texas, and being a portion of a tract of land conveyed to G. L. Harris,
Trustee by deed recorded in Volume 6222, Page 884, Tarrant County Deed Records
and being more particularly described by metes and bounds as follows:
BEGINNING at the northwest corner of said Harris tract, said point also being
the northeast corner of a tract of land conveyed to Alan A. Hulsey by deed
recorded in Volume 10135, Page 1231, Tarrant County Deed Records, said point
also being North 00 degrees 39 minutes 22 seconds West 1,283.67 feet from the
southeast corner of land conveyed to C. E. Cornutt, Trustee by deed recorded in
Volume 9055, Page 232, Tarrant County Deed Records, said point also being in the
existing centerline of Meadowbrook Drive;
THENCE: North 81 degrees 49 minutes 00 seconds East along the north line of
said Harris tract a distance of 109.78 feet to a point,
THENCE: South 08 degrees 11 minutes 00 seconds East a distance of 61.84 feet
to a point;
THENCE: South 81 degrees 49 minutes 00 seconds West a distance of 25.69 feet
to a point for the beginning of a non -tangent curve to the right with a radius
of 1,285.00 feet and a long chord bearing South 11 degrees 16 minutes 56 seconds
West 488.27 feet;
THENCE: Along said curve to the right through a central angle of 21 degrees 54
minutes 15 seconds an arc length of 491.25 feet to a point on the west line of
said Harris tract, said point also being on the east line of a tract of land
conveyed to C. E. Cornutt, Trustee by deed recorded in Volume 9055, Page 232,
Tarrant County Deed Records;
THENCE: North 00 degrees 51 minutes 00 seconds East along the common line of
the said Harris and said C. E. Cornutt, Trustee tract a distance of 94.94 feet
to a 5/8" iron, said point being the northeast corner of said C. E. Cornutt,
Minutes of City Council T-3 Page 389
390
Tuesday, February 25, 1992
Trustee tract, said point also being the southeast corner of the said Hulsey
Ordinance No. 11025 tract;
cont.
THENCE: North 89 degrees 32 minutes 31 seconds West along the common line of
the Hulsey tract and the C. E. Cornutt, Trustee tract a distance of 146.35 feet
to a point for the beginning of a curve to the left with a radius of 1,115.00
feet and a long chord bearing North 10 degrees 43 minutes 40 seconds East 377.78
feet;
THENCE: Along said curve to the left through a central angle of 19 degrees 30
minutes 25 seconds an arc length of 379.61 feet to a point;
THENCE: South 89 degrees 52 minutes 38 seconds West a distance of 24.92 feet
to a point;
THENCE: North 00 degrees 07 minutes 22 seconds West a distance of 60.62 feet
to a point in the north line of the said Hulsey tract in the center of said
Meadowbrook Drive;
THENCE: North 89 degrees 52 minutes 38 seconds East along the north line of
said Waggoner tract a distance of 103.15 feet to the POINT OF BEGINNING and
containing 1.838 acres of land..
TRACT NO. 2
BEING 0.0929 acres situated in the J. M. Steiner Survey, Abstract No. 1972,
Tarrant County, Texas, being a portion of a tract of land conveyed to T. Russell
Hagan by deed recorded in Volume 7775, Page 2231, Tarrant County Deed Records
and being more particularly described by metes and bounds as follows;
BEGINNING at a 1/2" iron pin, said point being the southeast corner of said
Hagan tract, said point also being the southwest corner of a tract of land
conveyed to C. E. Cornutt, Trustee by deed recorded in Volume 9055, Page 232,
Tarrant County Deed Records, said point being North 88 degrees 45 minutes 45
seconds West 472.85 feet from the southeast corner of said C. E. Cornutt,
Trustee tract;
THENCE: North 88 degrees 45 minutes 45 seconds West along the south line of
said Hagan tract a distance of 48.60 feet to a point;
THENCE: North 01 degrees 14 minutes 15 seconds East a distance of 72.62 feet
to a point;
THENCE: South 88 degrees 45 minutes 45 seconds East a distance of 34.30 feet
to a point, said point being the beginning of a non -tangent curve to the right
with a radius of 1,285.00 feet and a long chord bearing North 12 degrees 58
minutes 32 seconds East 70.54 feet;
THENCE: Along said curve to the right through a central angle of 03 degrees 08
minutes 44 seconds an arc length of 70.54 feet to a point on the common line of
said Hagan and'C. E. Cornutt, Trustee tracts;
THENCE: South 01 degrees 15 minutes 24 seconds West along the common line of
the Hagan tract and the C. E. Cornutt, Trustee tract a distance of 141.69 feet
to the POINT OF BEGINNING and containing 0.0929 acres of land.
TRACT NO. 3
BEING 1.653 acres situated in the R. H. Ramey Survey, Abstract No. 1341, Tarrant
County, Texas, being a portion of a tract of land conveyed to J. Cook by deed
recorded in Volume 1103, Page 439, Tarrant County Deed Records and being more
particularly described by metes and bounds as follows:
BEGINNING at a bois d'arc stake at the northeast corner of said Cook tract, said
point being the southeast corner of a tract of land conveyed to Dominion
Properties, Inc., by deed recorded in Volume 7754, Page 1248, Tarrant County
Deed Records and in the west line of a tract of land conveyed to Arlington
Development Associates by deeds recorded in Volume 9717, Page 2087 and Volume
9717, Page 2095, Tarrant County Deed Records, said point being South 29 degrees
00 minutes 29 seconds West 882.12 feet from the southeast corner of a tract of
land conveyed to C. E. Cornutt, Trustee by deed recorded in Volume 9055, Page
232, Tarrant County Deed Records, said point being located on C/L Station
339+11.20;
Minutes of City Council T-3 Page 390
SpRoffi Iq
Tuesday, February 25, 1992
THENCE: South 00 degrees 11 minutes 05 seconds West along the common line of
Ordinance No. 11025 said Cook tract and Arlington Development Associates tract a distance of 799.42
cont. feet to a 1/2" iron at the most northerly corner of a tract of land conveyed to
Palmnold-McMillian-Cook/Arlington I Joint Venture by deed recorded in Volume
8435, Page 1261, Tarrant County Deed Records;
THENCE: South 43 degrees 06 minutes 23 seconds West along the common line of
said Cook tract and the Palmnold-McMillian-Cook/Arlington I Joint Venture tract
a distance of 132.66 feet to a 1/2" iron at the beginning of a non -tangent curve
to the left with a radius of 915 feet and a long chord bearing North 03 degrees
16 minutes 57 seconds East 98.92 feet;
THENCE: Along said curve to the left through a central angle of 06 degrees 11
minutes 49 seconds an arc length of 98.97 feet to a 1/2" iron at the end of said
curve;
THENCE: North 00 degrees 11 minutes 05 seconds East a distance of 797.25 feet
to a point in the south line of said Dominion Properties, Inc., tract;
THENCE: South 89 degrees 48 minutes 45 seconds West along the common line of
the Cook tract and the Dominion Properties, Inc., tract a distance of 85.00 feet
to the POINT OF BEGINNING and containing 1.653 acres of land.
TRACT NO. 4
Being a portion of the R. R. Ramey Survey, Abstract Number 1341, and also being
a portion of those certain tracts of land out of said survey as conveyed to A.
B. Cook, by deed recorded in Volume 5607, Page 756, Deed Records, Tarrant
County, Texas, and Jake Cook, Trustee, by deed recorded in Volume 7219, Page
2335, Deed Records, Tarrant County, Texas, and also being a portion of the
following Green Oaks Boulevard PASS Project right-of-way Parcels Number 9,
9(RWE), 10, 10(RWE) Part 1, and 1O(RWE) Part 2, and being more particularly
described as follows:
BEGINNING at a point in the present City of Fort Worth city limit line,
according to that certain Judgement Number 153-50552-78, filed August 13, 1980,
said point being in a line 200.0 feet easterly of and parallel with the east
right-of-way line of Cooks Lane, said point being further described as being
227.30 feet, North 88 degrees 31 minutes 03 seconds East, and 132.12 feet South
00 degrees 07 minutes 48 seconds West, from the southwest corner of said A. B.
Cook Tract, the northwest corner of said Jake Cook, Trustee, Tract;
THENCE: With said city limit line, and with said line 200.0 feet easterly of,
and parallel and with said right-of-way, North 00 degrees 07 minutes 48 seconds
East, at 132.12 feet past the south line of said A. B. Cook Tract and said
parcel number 9. in all 239.14 feet, to a point in the northeasterly line of
said parcel number 9(RWE);
THENCE: The following courses and distances with the northeasterly lines of
said parcel numbers 9(RWE) and 1O(RWE) Part 1:
South 38 degrees 05 minutes 34 seconds East, 46.39 feet, to the beginning
of a curve to the left, from which the center of said curve bears North
57 degrees 31 minutes 08 seconds East, a radius distance of 1,120.0 feet;
Southeasterly with said curve, at an arc distance of 83.30 feet, pass the
south line of said A. B. Cook Tract, and said parcel Number 9(RWE), in all
an arc distance of 161.31 feet, to its end;
And South 40 degrees 43 minutes 59 seconds East, 183.15 feet, to a point
in the northeasterly line of said parcel number 10:
THENCE: With said line, South 49 degrees 39 minutes 47 seconds East, 101.91
feet, to the most easterly southeast corner of said parcel:
THENCE: With the southeasterly line of said parcel, South 72 degrees 39 minutes
44 seconds West, 187.87 feet, to the most easterly southwest corner of said
parcel, said point also being the south corner of said parcel number 1O(RWE)
Part 2;
THENCE: The following courses and distances with the southwesterly line of said
parcel number 1O(RWE) Part 2:
Minutes of City Council T-3 Page 391
392
Tuesday, February 25, 1992
North 50 degrees 01 minutes 08 seconds West, 73.72 feet, to an angle
Ordinance No. 11025 point;
cont. 11
North 30 degrees 08 minutes 56 seconds West, 138.83 feet, to the beginning
of a non -tangent curve to the right, and from which the center of said
curve bears North 49 degrees 16 minutes 01 seconds East, a radius distance
of 1,263.0 feet;
and northwesterly with said curve, an arc distance of 26.24 feet, to the
PLACE OF BEGINNING, and containing 1.2799 acres of land, more or less.
TRACT NO. 5
Being a portion of the R. R. Ramey Survey, Abstract Number 1341, and also being
a portion of that certain tract of land as conveyed to Jake Cook, Trustee, by
deed recorded in Volume 7219, Page 2335, Deed Records, Tarrant County, Texas,
and being more particularly described as follows:
BEGINNING at a point in the present City of Fort Worth city limit line,
according to the Judgement Number 153-50552-78,. filed August 13, 1980, said
point being the southwest corner of that certain territory deannexed by said
City, according to said Judgement, said point further being described as the
intersection of a line 300.0 feet north of, and parallel with the north right-
of-way of U. S. Highway 80 (Lancaster Avenue), with a line 200. feet east of,
and parallel with the east right-of-way of Cooks Lane;
THENCE: With the present city limits line, according to said Judgement, and
with a line 200.0 feet east of and parallel with said east right-of-way, NORTH,
1,144.49 feet, to the most south corner of that certain territory as annexed by
said City, by Ordinance Number 9582;
THENCE: With the present city limits line according to said Ordinance, North
49 degrees 51 minutes 13 seconds East, 887.87 feet, to a point of the centerline
of the City of Fort Worth sewer main number M -244-A, said point also being in
the present City of Arlington city limit line;
THENCE: With said centerline, and said City of Arlington city limit line, South
05 degrees 30 minutes West, 1,627.55 feet, to a point in a line 300.0 feet north
of and parallel with said north right-of-way, and also being the present City
of Fort Worth city limit line, according to said Judgement;
THENCE: Departing said City of Arlington city limit line, and with the present
City of Fort Worth city limit line, and with a line 300.0 feet north of, and
parallel with said north right-of-way, South 79 degrees 30 minutes West, 531.59
feet, to the PLACE OF BEGINNING, and containing 18.5 acres of land, more or
less.
SECTION 2.
That the above described territory is shown on Map Exhibit "A" which is
attached hereto and expressly incorporated herein by reference for the purpose
of illustrating and depicting the location of the hereinabove described
territory.
SECTION 3.
That the above described territory hereby annexed shall be part of the
City of Fort Worth, Texas, and the property so added hereby shall bear its pro
rata part of the taxes levied by the City of Fort Worth, Texas, and the
inhabitants thereof shall be entitled to all of the rights and privileges of all
the citizens in accordance with the Service Plan and shall be bound by the acts,
ordinances, resolutions and regulations of the City of Fort Worth, Texas.
SECTION 4.
That attached hereto, marked Exhibit "X" and incorporated herein for all
purposes incident hereto, is a Service Plan providing for the extension of
municipal services into the area to be annexed, said Service Plan having been
prepared prior to publication of the notices of hearings prescribed under
Section 43.056 of the Texas Local Government Code, and having been made
available at said hearings for inspection by and explanation to the inhabitants
of the area to be annexed.
Minutes of City Council T-3 Page 392
3 3
Tuesday, February 25, 1992
SECTION 5.
rdinance No. 11025
ont. That this ordinance shall and does amend every prior ordinance in conflict
herewith, but as to all other ordinances or sections of ordinances not in direct
conflict, this ordinance shall be, and the same is hereby made cumulative.
SECTION 6.
That it is hereby declared to be the intent of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such unconstitutionally shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections of
this ordinance, since the same would have been enacted by the City Council
without the incorporation in this ordinance of any unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 7.
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.
EXHIBIT X
CITY OF FORT WORTH, TEXAS
SERVICE PLAN FOR ANNEXED AREA
Name: Green Oaks Boulevard PASS Project (23.36 acres)
Location and Acreage Annexed: South of Meadowbrook Dr. and east of Cooks Lane
County: Tarrant
Municipal Services to the acreage described above shall be furnished by or on behalf
of the City of Fort Worth, Texas, at the following levels and in accordance with the
following schedule:
A. Police Protection Service
(1) Patrolling, responses to calls, and other routine police protection
services, within the limits of existing personnel and equipment, will be provided on
the effective date of annexation.
(2) As development and construction commence within this area, sufficient
police personnel and equipment will be provided to furnish this area the maximum level
of police services consistent with the characteristics of topography, land
utilization, and population density within the area as determined by the City Council
within four and one-half (4-1/2) years from the date of adoption of the annexation
ordinance, or upon commencement of development within the area, whichever occurs
later.
(3) Upon ultimate development of the area, the same level of police protection
services will be provided to this area as are furnished throughout the City.
B. Fire and Emergency Protection Service
(1) Fire protection services by the present personnel and the present equipment
of the Fire Department, within the limitations of available water and distances from
existing fire stations, will be provided to this area on the effective date of the
annexation ordinances.
(2) As development and construction of subdivisions commence within this area,
sufficient fire and emergency ambulance equipment will be provided to furnish this
area the maximum level of fire and emergency ambulance services consistent with the
characteristics of topography, land utilization, and population density of the area,
as determined by the City Council, within four,and one-half (4-1/2) years from the
date of adoption of the annexation ordinance, or upon commencement of development
within this area, whichever occurs later.
(3) Upon ultimate development of the area, the same level of fire and emergency
ambulance services will be provided to this area as are furnished throughout the city.
C. Environmental Health and Code Enforcement Services
Minutes of City Council T-3 Page 393
394
Tuesday, February 25, 1992
(1) Enforcement of the City's environmental health ordinances and regulations,
Ordinance No. 11025 including but not limited to weed and brush ordinances, junked and abandoned vehicle
cont. ordinances, food handlers ordinances and animal control ordinances, shall be provided
within this area on the effective date of the annexation ordinance. These ordinances
and regulations will be enforced through the use of existing personnel. Complaints
of ordinance or regulation violations within this area will be answered and
investigated by existing personnel beginning with the effective date of the annexation
ordinance.
(2) The City's building, plumbing, mechanical, electrical, and all other
construction codes will be enforced within this area beginning with the effective date
of the annexation ordinance. Existing personnel will be used to provide these
services.
(3) The City's zoning, subdivision, sign, mobile home, junk yard and other
ordinances shall be enforced in this area beginning on the effective date of the
annexation ordinance.
(4) All inspection services furnished by the City of Fort Worth, but not
mentioned above, will be provided to this area beginning on the effective date of the
annexation ordinance.
(5) As development and construction commence within this area, sufficient
personnel will be provided to furnish this area the same level of environmental health
and code enforcement services as are furnished throughout the City.
D. Planning and Zoning Services
The planning and zoning jurisdiction of the City will extend to this area on the
effective date of the annexation ordinance. City planning will thereafter encompass
this property, and it shall be entitled to consideration for zoning in accordance with
the City's Comprehensive Zoning Ordinance and General Plan.
E. Recreation and Leisure Services
(1) Residents of this property may utilize all existing recreational and
leisure service facilities and sites throughout the City, beginning with the effective
date of this ordinance.
(2) Additional facilities and sites to serve this property and its residents
will be acquired, developed and maintained at locations and times provided by
applicable plans, policies and programs and decisions of the City of Fort Worth. This
property will be included in all plans for providing recreation and leisure services
to the City. The same level of recreation and leisure services shall be furnished to
this property as is furnished throughout the City. '
(3) Existing parks, playgrounds, swimming pools and other recreation and
leisure facilities within this property shall, upon deeding to and acceptance by the
City, be maintained and operated by the City of Fort Worth; but not otherwise.
F. Solid Waste Collection
(1) Solid waste collection shall be provided to the property in accordance with
existing City policies, beginning with the effective date of the annexation ordinance.
Residents of this property utilizing private collection services at the time of
annexation shall continue to do so until notified by the Director of Transportation
and Public Works.
(2) As development and construction commence within this property, and
population density increases to the proper level, solid waste collection shall be
provided to this property in accordance with then current policies of the City as to
frequency, charges and so forth.
G. Street, Storm Drainage and Street Lights
(1) The City of Fort Worth's existing policies with regard to street
maintenance, applicable throughout the entire City, shall apply to this property
beginning with the effective date of the annexation ordinance. The City will maintain
improved roadway sections dedicated to the public consistent with maintenance
performed on other roadways of similar construction and classification within the City
of Fort Worth.
Minutes of City Council T-3 Page 394
395
Tuesday, February 25, 1992
(2) As development, improvement or construction of streets to City standards
Ordinance No. 11025 commences within this property, the policies of the City of Fort Worth with regard to
cont. participation in the costs thereof, acceptance upon completion, and maintenance after
completion, shall apply.
(3) The same level of maintenance shall be provided to streets within this
property which have been accepted by the City of Fort Worth as is provided to City
streets throughout the City.
(4) The City will maintain storm drainage facilities, within a drainage
easement when constructed, to current City of Fort Worth standards applicable
throughout the City. As development, improvement or construction of storm drainage
facilities to City standards commences within this property, the policies of the City
of Fort Worth with regard to participation in the costs thereof, acceptance upon
completion, and maintenance after completion, shall apply.
(5) Street lights installed on improved public streets shall be maintained by
the City of Fort Worth in accordance with current City policies. Other street
lighting shall not be maintained by the City of Fort Worth.
H. Water Services
(1) Connection to existing City water mains for domestic water service to serve
residential, commercial, and industrial use within this property will be provided in
accordance with existing City ordinances and policies. Upon connection to existing
mains, water will be provided at rates established by City ordinances for such service
at the normal rates charged throughout the City.
(2) As development and construction of subdivisions commence within this
property, water mains of the City will be extended by the property owner in accordance
with provisions of the Subdivision Ordinance and other applicable policies,
ordinances, and regulations. City participation in the costs of these extensions
shall be in accordance with applicable City policies, ordinances, and regulations.
Such extensions will commence within four and one-half (4-1/2) years from the
effective date of the annexation ordinance, and/or upon commencement of development
of a subdivision within this property, whichever occurs later.
I. Sanitary Sewer Services
(1) Connections to existing City sanitary sewer mains for sanitary sewage
service in this area will be provided in accordance with existing City ordinances and
policies. Upon connection, to existing sanitary sewer mains, sanitary sewage service
will be provided at rates established by City ordinances for such service at the
normal rates charged throughout the City.
(2) As development and construction of subdivisions commence within this
property, sanitary sewer mains of the City will be extended by the property owners in
accordance with provisions of the Subdivision Ordinance and other applicable policies,
ordinances, and regulations.
City participation in the costs of these extensions shall be in accordance with
applicable City policies, ordinances, and regulations. Such extensions will commence
within four and one-half (4-1/2) years from the effective date of the annexation
ordinance, and/or upon commencement of development of a subdivision within the
property, whichever occurs later.
J. Miscellaneous
(1) Any facility or building located within the annexed area and acquired by
the City of Fort Worth to provide service to the area will be maintained by the City
commencing upon the date of use or the effective date of the annexation ordinance,
whichever occurs later.
(2) General municipal administration and administrative service of the City
shall be available to the annexed area beginning with the effective date of the
annexation ordinance.
enefit Hearing It appearing to the City Council that the City Council on January 21, 1992, set today
H-0082 Illinois Ave. as the date for benefit hearing in connection with the assessment paving of Illinois Avenue
rom East Rosedale St. from East Rosedale Street to East Pulaski Street and that notice of the hearing has been
o East Pulaski St. g
given by publication in the Fort Worth Commercial Recorder, the official newspaper of the
City of Fort Worth, Texas, in accordance with Article 1105b, Vernon's Annotated Civil
Statutes, Mayor Granger asked if there was anyone present desiring to be heard.
Minutes of City Council T-3 Page 395
396
Tuesday, February 25, 1992
Mrs. Martha Lunday, representing the Department of Transportation and Public Works,
Mrs. Martha Lunday appeared before the City Council and advised the City Council that the independent appraisal
re BH -0082 performed by Mr. Robert Martin substantiates that, as a result of the proposed construction,
each case of the abutting property is especially benefitted in enhanced value in excess of
the amount assessed for the improvement; that the independent appraisal report has been
submitted to the City Council; that Mr. Robert Martin is available for questioning; and
called attention of the City Council to Mayor and Council Communication No. BH -0082, as
follows:
SUBJECT:. BENEFIT HEARING FOR THE ASSESSMENT PAVING OF ILLINOIS AVENUE FROM
EAST ROSEDALE STREET TO EAST PULASKI STREET (PROJECT NO. 67-040267)
RECOMMENDATION:
It is recommended that the City Council adopt an ordinance that:
1. Closes the benefit hearing, and
2. Levies the assessments as proposed, and
3. Acknowledges that in each case the abutting property is specially
benefitted in enhanced value in excess of the amount assessed for the
improvement of Illinois Avenue from East Rosedale Street to East Pulaski
Street.
DISCUSSION:
The 1986 Capital Improvement Program included funds for the improvement of
Illinois Avenue from East Rosedale Street to East Pulaski Street. The street
is in the Near Southeast Target Area and has never previously been constructed
to City standards. Community Development Block Grant (CDBG) Funds will provide
a portion of the construction cost. One- and two-family residences are not
assessed.
Illinois Avenue will be constructed with standard concrete pavement. Standard
concrete driveways and sidewalks will be built where shown on the plans.
On January 21, 1992 (M&C G-9480), the City Council established February 25,
1992, as the date of the benefit hearing. Notice was given in accord with
Article 1105b, Vernon's Annotated Civil Statutes.
An independent appraiser has provided a report that documents the enhancement
to property values which results from the improvements. Based on standard City
policy, the City Engineer's estimate, and the advice of the independent
appraiser, the division of estimated construction cost is:
Property owners' share of cost $ 1,805.76 ( 2%)
City's share of cost $91,144.24 ( 98%)
Total cost $92,950.00 (100%)
There are no unusual situations on this project that require special City
Council consideration.
This project is in DISTRICT 8.
There being no one else present desiring to be heard in connection with the assessment
paving of Illinois Avenue from East Rosedale Street to East Pulaski Street, Mayor Pro
tempore Webber made a motion, seconded by Council Member McCray, that an ordinance be
adopted closing the benefit hearing and levying the assessments as recommended. When the
motion was put to a vote by the Mayor, it prevailed unanimously.
Introduced an Mayor Pro tempore Webber introduced an ordinance and made a motion that it be adopted.
Ordinance
The motion was seconded by Council Member McCray. The motion, carrying with it the adoption
of said ordinance, prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente,
Silcox, Matson, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: None
Minutes of City Council T-3 Page 396
Ordinance No. 11026
Tuesday, February 25, 1992
The ordinance, as adopted, is as follows:
ORDINANCE NO. 11026
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR
PART OF THE COST OF IMPROVING A PORTION OF ILLINOIS AVENUE FROM
EAST ROSEDALE STREET TO EAST PULASKI STREET, AND PORTIONS OF SUNDRY
OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH,
TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON,
AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF
ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING
TO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS
OF THE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING
THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING
THE CAPTION IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND
BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND
PROVIDING AN EFFECTIVE DATE.
397
M&C G-9514 re improve- There was presented Mayor and Council Communication No. G-9514, dated February 18,
ments to Chapel Ave. 1992, from the City Manager stating that the 1986 Capital Improvement Program included funds
from Reagan Drive to for the improvement of Chapel Avenue from Reagan Drive to Marquita Drive; that the street
Marquite Drive is not within a target area and has never been constructed to City standards; that the
Community Development Block Grant funds will not provide a portion of the construction cost;
that all property is zoned commercial and, except for two vacant lots, used for commercial
purposes; that the project is in Council District 3; that the total estimate of the
assessment is $198,224.00; and recommending that the City Council:
1. Declare the necessity for and order the improvements to Chapel Avenue from
Reagan Drive to Marquita Drive, and
2. Authorize the assessment of a portion of the cost of the improvements to
Chapel Avenue 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 24, 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.
Council Member Chappell Council Member Chappell disclosed his firm's credit card interest with NCNB Bank.
M&C G-9514 1
Mayor Pro tempore Mayor Pro tempore Webber advised City Council that she is disqualified from voting on
Webber re M&C G-9514 Mayor and Council Communication No. G-9514 involving NCNB Bank.
Council Member Silcox Council Member Silcox disclosed a business contract with NCNB Bank, but advised
re M&C G-9514 Council that he is not disqualified from voting on this item.
Council Member Matson
re M&C G-9514 11 Council Member Matson disclosed his banking relationship with NCNB Bank.
Council Member WoodsII Council Member Woods disclosed savings account with NCNB Bank.
re M&C G-9514
C,6 n c i 1 ya br Pj,exCouncil Member Puente made a motion, seconded by Council Member Silcox, that the
recommendations, as contained in Mayor and Council Communication No. G-9514, be adopted.
When the motion was put to a vote by the Mayor, it prevailed by the following vote:
AYES: Mayor Granger; Council Members Puente, Silcox, Matson, McCray,
Woods, Meadows, and Chappell
NOES: None
ABSENT: None
NOT VOTING: Mayor Pro tempore Webber
M&C G-9520 re There was presented Mayor and Council Communication No. G-9520 from the City Manager
settlement of clain stating that Ross Bennett filed a claim for property damage allegedly received when his
filed by Ross Bennett
wife, Barbara Bennett, while operating their motor vehicle, was struck by a City vehicle in
the 200 block of the West Freeway on November 1, 1991; that, while admitting no liability
in this matter, the Risk Management Department has negotiated with Mr. Bennett and his auto
insurance carrier and has agreed to a property damage settlement of $5,003.94 subject to
Minutes of City Council T-3 Page 397
3.9 8
Tuesday, February 25, 1992
M&C G-9522 re There was presented Mayor and Council Communication No. G-9522 from the City Manager,
Nehemiah Housing Pro- as follows:
gram grant '
SUBJECT: LIBERATION COMMUNITY INC. PHASING PLAN FOR THE NEHEMIAH HOUSING
PROGRAM
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to approve
Liberation Community, Inc.'s Phasing Plan for their Nehemiah Housing Program
grant from the U.S. Department of Housing and Urban Development.
DISCUSSION:
In the fall of 1991, Liberation Community, Inc. was awarded a Nehemiah grant
from the U.S. Department of Housing and Urban Development (HUD) in the amount
of $600,000. Nehemiah is available to non-profit entities and is designed to
provide new construction or substantial rehabilitation to a concentrated area
within no more than four neighborhoods in the city. These funds are to be used
for the rehabilitation of 40 homes, located in Polytechnic Heights, that will
be sold to lower-income homebuyers.
Under the original Nehemiah program guidelines, Liberation Community, Inc., was
required to presell 25% or 10 of the houses (contracted for sale and downpayment
made) prior to the rehabilitation of any of the houses. Liberation would like
to request from HUD more favorable presell terms. Instead of rehabilitating all
40 houses at once, Liberation Community, Inc. proposes to rehabilitate the 40
houses in two phases of 20 houses each. This would require Liberation Community
to presell only five (5) houses before rehabilitation would begin and would
allow the entire project to get moving sooner.
The benefits of the Phasing Plan are as follows:
1. First, the financial resources necessary for interim construction
financing would be much less under the Phasing Plan than if the whole
project was attempted at once. Furthermore, if the Phasing Plan is
approved Liberation Community, Inc. will only have to presell five (5)
houses (25% of the total first phase) in order to begin the project.
2. Second, the project is located in a high -crime neighborhood where
vandalism is a serious problem. To rehabilitate 10 houses without having
a homeowner ready to occupy the premise once the construction is finished
would be unwise.
3. Third, if Liberation Community, Inc. can operate under the proposed
Phasing Plan, they would be less likely to lose potential clients who
might otherwise become discouraged with a long wait to get a house.
Liberation Community, Inc. proposes to begin Phase 1 on or about March 1, 1992
and Phase 2 on or about September 1, 1992.
Minutes of City Council T-3 Page 398
City Council approval; that the Director of Fiscal Services certifies that funds for this
M&C G-9520 cont.
expenditure are available in the current operating budget, as appropriated, of the Insurance
Fund; and recommending that the City Council approve the settlement of the property damage
claim filed by Ross Bennett and authorize the City Manager to expend the sum of $5,003.94
for the property damage settlement agreed to by Mr. Bennett, his personal auto insurance
carrier and the City of Fort Worth. It was the consensus of the City Council that the
recommendations be adopted.
M&C G-9521 re
settlement of claim
There was presented Mayor and Council Communication No. G-9521 from the City Manager
filedy by Rama
stating that Mr. Rama Chakravarti filed a claim for property damages and personal injuries
chakravarti
he allegedly received on October 17, 1991, at 14000 Trinity Boulevard when he was struck by
a City vehicle while operating his vehicle; that, while admitting no liability in this
matter, the Risk Management Department has negotiated with Mr. Chakravarti and his auto
insurance carrier and has agreed to a property damage settlement of $5,158.99 subject to
City Council approval; that the Director of Fiscal Services certifies that funds for this
expenditure are available in the current operating budget, as appropriated, of the Insurance
Fund; and recommending that the City Council approve the settlement of the property damage
portion of the claim filed by Rama Chakravarti and authorize the City Manager to expend the
sum of $5,158.99 for the property damage settlement agreed to by Mr. Chakravarti, his
personal auto insurance carrier, and the City of Fort Worth. It was the consensus of the
City Council that the recommendations be adopted.
M&C G-9522 re There was presented Mayor and Council Communication No. G-9522 from the City Manager,
Nehemiah Housing Pro- as follows:
gram grant '
SUBJECT: LIBERATION COMMUNITY INC. PHASING PLAN FOR THE NEHEMIAH HOUSING
PROGRAM
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to approve
Liberation Community, Inc.'s Phasing Plan for their Nehemiah Housing Program
grant from the U.S. Department of Housing and Urban Development.
DISCUSSION:
In the fall of 1991, Liberation Community, Inc. was awarded a Nehemiah grant
from the U.S. Department of Housing and Urban Development (HUD) in the amount
of $600,000. Nehemiah is available to non-profit entities and is designed to
provide new construction or substantial rehabilitation to a concentrated area
within no more than four neighborhoods in the city. These funds are to be used
for the rehabilitation of 40 homes, located in Polytechnic Heights, that will
be sold to lower-income homebuyers.
Under the original Nehemiah program guidelines, Liberation Community, Inc., was
required to presell 25% or 10 of the houses (contracted for sale and downpayment
made) prior to the rehabilitation of any of the houses. Liberation would like
to request from HUD more favorable presell terms. Instead of rehabilitating all
40 houses at once, Liberation Community, Inc. proposes to rehabilitate the 40
houses in two phases of 20 houses each. This would require Liberation Community
to presell only five (5) houses before rehabilitation would begin and would
allow the entire project to get moving sooner.
The benefits of the Phasing Plan are as follows:
1. First, the financial resources necessary for interim construction
financing would be much less under the Phasing Plan than if the whole
project was attempted at once. Furthermore, if the Phasing Plan is
approved Liberation Community, Inc. will only have to presell five (5)
houses (25% of the total first phase) in order to begin the project.
2. Second, the project is located in a high -crime neighborhood where
vandalism is a serious problem. To rehabilitate 10 houses without having
a homeowner ready to occupy the premise once the construction is finished
would be unwise.
3. Third, if Liberation Community, Inc. can operate under the proposed
Phasing Plan, they would be less likely to lose potential clients who
might otherwise become discouraged with a long wait to get a house.
Liberation Community, Inc. proposes to begin Phase 1 on or about March 1, 1992
and Phase 2 on or about September 1, 1992.
Minutes of City Council T-3 Page 398
J _
399
Tuesday, February 25, 1992
In order for the request to be considered,.a waiver from HUD must be obtained.
G-9522 cont. Liberation Community, Inc. must submit, along with other information, a letter
from the City Council approving the Phasing Plan.
G-9522 adopted IlCouncil
It was the consensus of the City Council that the recommendation, as contained in Mayor and
Communication No. G-9522, be adopted.
C G-9523 re There was presented Mayor and Council Communication No. G-9523 from the City Manager
ttlement of lawsuit stating that, on or about October 26, 1986, at 1:00 a.m., Shawnee Lee Provencher was
led by Sherry operating a vehicle with her mother, Sherry Wheeler, as a passenger in the intersection of
eeler and Shawnie Normandy Road and Ederville Road; that Provencher and Wheeler claim that a downed stop sign
e Provencher
at the intersection caused their vehicle to collide with.another vehicle owned by Alonia
Green and operated by Martin Vinson; that, while admitting no liability in this matter, the
Departments of Law and Risk Management have negotiated with Wheeler and Provencher through
their attorney and have agreed to a total settlement of $17,500.00 pending City Council
approval; that various insurance carriers on behalf of Green, Vinson and Provencher are
contributing to settlement of this lawsuit; that payments made by the various parties,
including the City, will serve to resolve all claims (cross claims and counter claims)
involved in this lawsuit; that the City will only be responsible for its own court costs;
that the Director of Fiscal Services certifies that funds for this settlement are available
in the current operating budget, as appropriated, of the Insurance Fund; and recommending
that the City Council:
1. Approve the settlement of the lawsuit filed by Sherry Wheeler and Shawnie
Lee Provencher, and
2. Authorize the total expenditure of $17,500 for the City's contribution to
the settlement agreed to by Ms. Wheeler, Mrs. Provencher, their attorney
and the City of Fort Worth payable as follows:
a. $10,000 to Sherry Wheeler
b. $7,500 to Shawnie Lee Provencher
3. Authorize the dismissal and/or release of any cross-claims, counterclaims
and other claims necessary to complete the settlement, and
4. Authorize the appropriate City personnel to execute the documents
necessary to complete the settlement.
M&C G-9523 adopted IIIt was the consensus of the City Council that the recommendations be adopted.
M&C G-9524 re There was presented Mayor and Council Communication No. G-9524 from the City Manager
payment of judgement stating that litigation arose as a result of the Texas Court of Appeals' declaring a portion
to B.R. Management of City Ordinance No. 9957 (the "Sexually Oriented Business Ordinance") to be
Corporation unconstitutional; that the case was tried Monday, December 2, 1991, and Judgement was
rendered against the City; that the Risk Management Department and Department of Law
recommend payment of the court's judgement without further litigation or appeal; that the
Director of Fiscal Services certifies that funds for this settlement are available in the
current operating budget, as appropriated, of the Insurance Fund; and recommending that the
City Council authorize the total expenditure of $196,746.00 plus court costs for payment of
the judgment in Cause No. 48-124864-89, B.R. Management Corporation, et al vs. the City of
Fort Worth, as follows:
1. Curtis Johnson, Jr., individually and as assignee of the claims and causes
of action of Brass Rail II, Inc., d/b/a/ Brass Rail - Amount: $726.00.
2. Billie Brown, d/b/a Second Time Around - Amount: $20,570.00
3. Altadema Enterprises, individually and as assignee of the claims and
causes of action of B.R. Management Corporation, d/b/a Sinbads and
assignees of the claims and causes of action of Showcase Concepts,
Incorporated, d/b/a Executive Suite - Amount $85,910.00
4. City Vending Company, Inc.: Amount: $89,540.00
5. Court costs estimated not to exceed $1,000.00
JIM&C G-9524 adopted IIIt was the consensus of the City Council that the recommendations be adopted.
M&C G-9525 cont. for11as
There was presented Mayor and Council Communication No. G-9525 from the City Manager,
one week follows:
Minutes of City Council T-3 Page 399
Tuesday, February 25, 1992
G-9525 cont.II SUBJECT: RENTAL RATES FOR THE COWTOWN COLISEUM AND ADJACENT OUTDOOR
FACILITIES
RECOMMENDATIONS:
It is recommended that the City Council approve the revised rental rates for the
Cowtown Coliseum and the adjacent outdoor facilities as outlined below.
DISCUSSION:
In a continuing effort to increase revenues and decrease the amount of subsidy
by the City for daily operations of the Coliseum, it is proposed that new rental
rates be established. At the current time, there is a distinction between Prime
Time rates (Friday night, Saturday and Sunday) and Non -Prime Time rates (weekday
or weeknight, Monday -Thursday). The cost to provide heat or air and to provide
clean-up remains the same regardless of the day of the week, thus the
recommendation that there be no difference in daily rental rates.
In addition, there is currently a difference in rental rates for profit or non-
profit groups. It is staff's opinion that profit and non-profit groups should
pay the same rates since operational costs are the same and any reduction would
result in using City funds for the difference.
Current Rental Rates:
Prima Tima
Profit
1. Coliseum Rental $750 against 10%
(includes outdoor arena) gross ticket sales
Non -Prime Time
2. Gazebo and Rodeo Plaza
$250 against 10%,
gross ticket sales
$500
Non -Profit
$500 against 10%
gross ticket sales
$100
$200
(Current rates are same for both Prime and Non -Prime Times)
3. General
A. All food and beverage services are handled through the City's vendor
with the City receiving 25% of gross food sales and 28% of beer and
liquor sales, after taxes.
B. When concessions are sold in the Gazebo and/or Rodeo Plaza by anyone
other than the City's vendor, the City receives 25% of gross food
sales and 28% of beer and liquor sales, after taxes.
C. Lessee shall provide at its expense insurance, security, stagehand(s)
and box office, door and usher personnel.
Proposed Rental Rates
1. Coliseum Rental (includes outdoor arena) $750
Move -In Only (one-half of rental cost) $375
2. Gazebo and Rodeo Plaza $500
3. General
A. All food and beverage services are handled through the City's vendor
with the City receiving 25% of gross food sales and 28% of beer and
liquor sales, after taxes.
B. When concessions are sold in the Gazebo and/or Rodeo Plaza by anyone
other than the City's vendor, the City receives 25% of gross food
sales and 28% of beer and liquor sales, after taxes.
Lessee shall provide at its expense insurance, security, stagehand(s) and box
office, door and usher personnel.
Minutes of City Council T-3 Page 400
401
Tuesday, February 25, 1992
FISCAL INFORMATION/CERTIFICATION:
Cowtown Coliseum personnel will be responsible for collection and deposit of
these rental fees.
Council Member Puente made a motion, seconded by Council Member Chappell, that
consideration of Mayor and Council Communication No. G-9525 be continued for one week. When
the motion was put to a vote by the Mayor, it prevailed unanimously.
M&C G-9526 re There was presented Mayor and Council Communication No. G-9526 from the City Manager
cont. for one week stating that subrogation revenue was collected by the Risk Management Department claims
office for damages the City incurred, for which other parties were responsible; that Table
A lists the departments whose losses were recovered and the respective fiscal year quarters
during which revenue was collected and details on the self-insured property losses are
included on Table B; that the Director of Fiscal Services certifies that sufficient funds
are available for this ordinance in the Unreserved, Undesignated Fund Balance of the
Insurance Fund; and recommending that the City Council approve the following transactions:
1. Adopt the attached supplemental appropriations ordinance increasing
appropriations by $227,670 in the Property and Casualty Insurance Fund for
subrogation of insurance claims in FY 1990-91, and
2. Authorize the City Manager to transfer the subrogated amounts listed to
the following funds:
General Fund $147,058
Equipment Services Fund 7,678
Solid Waste Fund 2,997
Water and Sewer Operating Fund 6,655
Total $164,388
3. Authorize the City Manager to transfer the amounts listed for self-
insurance unreimbursed property losses sustained by the following funds in
FY 1990-91:
General Fund $ 60,222
Golf Course Fund 2,860
Airport Fund 200
Total $ 63,282
(The Risk Management Department subrogation revenue in FE71 (Table A) and Property and
Casualty Insurance Fund for Fiscal Year 90-91 (Table B) is incorporated herein by reference
thereto and is included in the Council proceedings file of the meeting of February 25,
1992.)
Ms. Susan Bulla re Ms. Susan Bulla, Director of Risk Management Department, appeared before the City
M&C G-9526 Council and advised Council that the supplemental appropriation takes the revenues which
were received in the insurance fund through subrogation efforts or through our own self -
'insurance activities from the prior fiscal year and makes the funds available for a transfer
to revenues; that it does not appropriate funds for expenditure; that the Department
requesting use of those funds must still go through normal procedures to request the
expenditure.
Council Member Chappell Council Member Chappell requested that a briefing be given to the City Council at next
re M&C G-9526 week's Pre -Council meeting regarding this issue.
Council Member Matson made a motion, seconded by Council Member Chappell, that
consideration of Mayor and Council Communication No. G-9526 be continued for one week. When
the motion was put to a vote by the Mayor, it prevailed unanimously.
M&C G-9527 re There was presented Mayor and Council Communication No. G-9527 from the City Manager
training for Fire stating that Texas State Technical Institute provides funds to the Fort Worth Fire
Department personnel Department based upon classroom contact hours and the number of personnel enrolled in the
three year firefighter apprenticeship program; that these funds can only be used for the
;purpose of providing training for Fire Department personnel; that, under the current
agreement with TSTI, the City has received $25,800.00 of which $5,350.00 has previously been
appropriated; that, currently, the Fire Training Academy is in need of several items to help
ensure that quality of training is kept up to standards set by TSTI and the State of Texas,
that, in order to make these funds available for expending, a supplemental appropriation
must be adopted by the Council; and recommending that the City Council adopt a supplemental
appropriation ordinance increasing both appropriations and revenues in the Special Trust
Fund by $20,450.00 each. It was the consensus of the City Council that the recommendation
The adopted.
Minutes of City Council T-3 Page 401
Tuesday, February 25, 1992
Introduced an Council Member McCray introduced an ordinance and made a motion that it be adopted.
Ordinance The motion was seconded by Council Member Woods. The motion, carrying with it the adoption
of said ordinance, prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente,
Silcox, Matson, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
inance No. 11027 1I ORDINANCE NO. 11027
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE SPECIAL TRUST FUND IN THE AMOUNT OF $20,450.00 FOR THE
PURPOSE OF PROVIDING TRAINING FOR FIRE DEPARTMENT PERSONNEL;
PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES
IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 5.
This ordinance shall take effect and be in full force and effect from and
after the date of its passage, and it is so ordained.
&C G-9528 re
ayment to Trinity There was presented Mayor and Council Communication No. G-9528 from the City Manager
iver Authority stating that the Trinity River Authority provides wastewater collection and treatment for
the northern portion of Tarrant County through Denton Creek Regional Wastewater System, of
which Fort Worth is a member; that service to a substantial area of Fort Worth, Keller, and
Lake Turner MUD No. 1 can be accomplished by the extension of a DCRWS pipeline, the Cade
Branch interceptor; that TRA has proposed conducting a feasibility study of extending the
Cade Branch interceptor at a cost not to exceed $14,000.00; that the Director of Fiscal
Services certifies that funds required for the expenditure are available in the current
operating budget, as appropriated, of the Water and Sewer Operating Funding; and
recommending that the City Council authorize payment in the amount of $6,580.00 to Trinity
River Authority for Fort Worth's pro rata share of a feasibility study to extend the Cade
Branch wastewater interceptor line. It was the consensus of the City Council .that the
recommendation be adopted.
C G-9529 re There was presented Mayor and Council Communication No. G-9529 from the City Manager
lonial Country Club stating that Southwestern Bell's annual golf tournament is scheduled for May 18 through May
24, 1992, at the Colonial Country Club; that, to ensure the safety of the participants and
spectators of this tournament, Colonial Country Club is requesting approval from City
Council to temporarily close the 3700 block of Country Club Circle and the 3700, 3800, and
3900 blocks of Mockingbird Lane from 6:00 a.m. Monday, May 18, until 9:00 p.m. Sunday, May
24, 1992; that Colonial Country Club has provided a certificate of liability insurance for
this event; and recommending that the City Council approve the request of the Colonial
Country Club to temporarily close the 3700 block of Country Club Circle and the 3700, 3800,
and 3900 blocks of � Mocki ngbi rd Lane from Monday, May 18, until Sunday, May 24, 1992. On
motion of Council Member Silcox, seconded by Council Member Puente, the recommendation was
adopted.
C G-9530 re There was presented Mayor and Council Communication No. G-9530 from the City Manager
fund of tax over- stating that the Texas Property Tax Code requires that a taxpayer must request a refund for
yments
tax overpayment within three years of that payment; that Section 31.11 of the Property Tax
Code further requires approval by the governing body before refunding overpayments or
erroneous payments in instances where the refund exceeds $500.00; that the Revenue
Collection Division of Fiscal Services has verified erroneous payments or overpayments were
made and recommends refund totalling $20,082.82, as follows:
ACCOUNT NO. LEGAL DESCRIPTION NAME
0009-14-72 LOT 1R BLK B
1991 TAXES ASPEN WOODS
TAXES PAID TWICE
AMOUNT
TRINITY WESTERN TITLE CO. $ 710.99
Minutes of City Council T-3 Page 402
M&C G-9530 cont.
M&C G-9530 adopted
Tuesday, February 25, 1992
0039-05-77 LOT 24 BLK 1 PLAZA INVESTMENTS 768.40
1991 TAXES BYERS & MCCART ADD
TAXES PAID TWICE
0043-53-68 LOT 3 BLK D PLAZA INVESTMENTS 775.00
1991 TAXES CARTER PARK ADD
TAXES PAID TWICE
0043-53-76 LOT 4 BLK D PLAZA INVESTMENTS 1,701.45
1991 TAXES CARTER PARK ADD
TAXES PAID TWICE
0043-53-84 LOT 5 BLK D PLAZA INVESTMENTS 1,052.33
1991 TAXES CARTER PARK ADD
TAXES PAID TWICE
0043-54-06 LOT 6 BLK D PLAZA INVESTMENTS 1,521.72
1991 TAXES CARTER PARK ADD
TAXES PAID TWICE
0210-21-88 LOT 7 BLK 15 RATTIKIN TITLE CO. 1,350.97
1991 TAXES OVERTON WEST ADD
TAXES PAID TWICE
0210-52-33 LOT 6 BLK 18t RATTIKIN TITLE CO. 1,717.35
1991 TAXES OVERTON WEST ADD
TAXES PAID TWICE
0258-53-16 LOT 1 BLK 12 DOVENMUHLE MTG. CO. 658.44
1991 TAXES RYAN PLACE ADD
OVERPAYMENT
0284-95-26 LOT 3 BLK 115 HENNINGS, KENNETH 986.24
1991 TAXES SOUTH HILLS ADD
TAXES PAID TWICE
0306-27-16 LOT A BLK 1 PLAZA INVESTMENTS 7,807.68
1991 TAXES SYCAMORE CREEK
TAXES PAID TWICE
0348-63-46 LOT 7 BLK 25 TRINITY WESTERN TITLE CO. 512.55
1991 TAXES WESTPOINT ADD (FW)
TAXES PAID TWICE
0823-73-79 PERSONAL PROPERTY F.W.T & P FED. CREDIT UN. 519.70
1991 TAXES OVERPAYMENT
TOTAL
$20,082.82
mi,
On motion of Council Member Meadows, seconded by Council Member McCray, the recommendation
was adopted.
M&C G-9531 re
denied request for
There was presented Mayor and Council Communication No. G-9531 from the City Manager
extension of
stating that Police Officer M.L.ackson sustained an occupational back injury on Januar 3
p j y y ,
injury -leave -of-
1991; that Ms. Jackson returned to work briefly, but since that time has been off work due
absence -pay
to the injury; that she is currently recovering from a spinal fusion operation performed
b e nfits
November 4, 1991; that she is scheduled for x-rays on March 10, 1992, and is requesting
leave extension through March 19, 1992; that Ms. Jackson's return to work is undetermined
at this time; that Chapter 143, Texas Local Government Code, which pertains to Firefighters'
and Police Officers' Civil Service, states that a Police Officer will be entitled to receive
an injury leave of absence with full pay as outlined in the statute for a period of up to
one year when the injuries result from an on-the-job accident; that, as of February 11,
1992, Ms. Jackson has received one full year of injury leave pay, a portion of which has
been comprised of Workers' Compensation benefits; that Ms. Jackson will continue to receive
weekly workers' compensation benefit checks of $428.00 per week until such time as her
eligibility changes, e.g., the claim is resolved, through release to return to work, etc.;
that, as of the pay period beginning February 22, 1992, she may choose to use her
accumulated benefits in combination with workers' compensation weekly benefits to ensure
continuity of her full salary; that Chapter 143 also allows an injured Police Officer the
option to request from the City Council an extension of'the injury leave of absence with
full pay upon the expiration of the one-year period; that Ms. Jackson requested such an
extension in correspondence dated January 14, 1992; that, in prior requests in recent years
involving firefighters and police officers in similar situations, the City Council denied
their requests; and recommending that Police Officer M. L. Jackson's request for an
extension of injury -leave -of -absence -pay benefits be denied by the City Council. Council
Minutes of City Council T-3 Page 403
Tuesday, February 25, 1992
G-9531 cont. 11be
Member Chappell made a motion, seconded by Council Member Meadows, that the recommendation
adopted adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously.
X G-9532 re
There was presented Mayor and
Council Communication No.
G-9532 from the City Manager
mprovements to Irion
stating that
the 1986 Capital Improvement Program included
funds for the improvement of
,venue from Hutchinson
Irion Avenue
from Hutchinson Street
to Grover Street; that the
street is in the Diamond Hill
,treet to Grover St.
Target Area
and has never previously
been constructed to City
standards; that Community
Development
Block Grant funds will
provide a portion of the
construction cost; that the
project is located in District 2;
that the total estimate
of the assessment paving is
$174,594.00;
and recommending that
the City Council:
1. Declare the necessity for and order the improvements to Irion Avenue from
Hutchinson Street to Grover Street, and
2. Authorize the assessment of a portion of the cost of the improvements to
Irion Avenue 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 31, 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.
G-9532 adoptedII On motion of Council Member Puente, seconded by Council Member Woods, the recommendations
were adopted.
ublic Hearing cont. It appearing to the City Council that a public hearing on the application of Seminary
ntil March 12, 1992 is scheduled to be held by the City Council prior to consideration and action on the request
by South Seminary Addition Water Utility for an increase in water rates, Mayor Granger asked
if there was anyone present desiring to be heard.
C G-9533 re 11 Attention of the City Council was called to Mayor and Council Communication No. G-9533
uth Seminary from the -'City Manager, as follows:
dition Water Utility
blic hearing SUBJECT: REQUEST BY THE SOUTH SEMINARY ADDITION WATER UTILITY FOR AN
INCREASE IN WATER RATES
RECOMMENDATION:
It is recommended that the request by the South Seminary Addition Water Utility
to increase the rate for water service and the requested surcharge be granted.
RACKnRnt1ND
In 1972 the City of Fort Worth annexed the South Seminary Addition. At that
time the South Seminary Addition Water Utility ("Seminary") was and continues
to be the provider of water service to approximately 30 residences.
Pursuant to Section 13.042 of the Texas Water Code, the City Council of the City
of Fort Worth has original jurisdiction over all water and utility rates,
services and operations provided by private water. companies within its corporate
limits. Appellate jurisdiction rests with the Texas Water Commission.
On August 21, 1991, Seminary filed an Application For a Rate/Tariff Change for
Utilities with 200 or Less Customers with the City of Fort Worth. The details
of this filing were discussed in I.R. No. 7581.
The City Council has three options with respect to this rate/tariff increase
request:
1. Grant the increase as requested.
2. Set a rate different from the rate which was requested.
3. Deny the rate increase.
Staff recommends that the City Council grant the increase and surcharge
requested.
Minutes of City Council T-3 Page 404
M&C G-9533 cont.
Tuesday, February 25, 1992
SCHEDULED HEARING:
A public hearing on the application of Seminary is scheduled to be held by the
City Council prior to consideration and action on this M&C so that the City
Council may receive testimony and other evidence from all parties interested in
this matter.
FISCAL INFORMATION/CERTIFICATION:
Council action does not require the expenditure of any City funds.
405
City Manager Ivory City Manager Ivory advised City Council that the hearing regarding the request by
re M&C G-9533 South Seminary Addition Water Utility to increase the rate for water service and requesting
a surcharge be opened and that the hearing be continued until March 12, 1992, to give every
interested citizen or individual an opportunity to be heard.
There being no one else present desiring to be heard in connection with the hearing
for the request by South Seminary Addition Water Utility to increase the rate for water
service and requesting a surcharge, Council Member McCray made a motion, seconded by Council
Member Woods, that the hearing be continued from day to day and time to time and especially
to the City Council meeting of March 12, 1992, to give. every interested citizen or
individual the opportunity to be heard. When the motion was put to a vote by the Mayor, it
prevailed unanimously.
M&C G-9534 re
There was presented Mayor and Council Communication No. G-9534 from the City Manager
transfer of funds
stating that funds were allocated in the 1978 Capital Improvement Program for the relocation
from Relocation of
Fire Station #26 to
of Fire Station #26 on Hulen; that the new station was to be part of a facility jointly
Expansion of Fire
occupied by the Police and Fire Departments; that, prior to construction of the facility,
Station # 32
however, both departments determined that the project was impractical; consequently,
$356,268.24 in CIP funds allocated for the relocation of the fire station have not been
spent; that Fire Station #32 was originally designed to allow for inexpensive expansion of
the station as the Westpoint neighborhood developed; that an exterior wall which was built
cheaply to make construction of an additional bay economical has now begun to deteriorate;
that funds currently allocated for the relocation of Fire Station #26 would be transferred
to finance the removal of the deteriorating wall and the construction of an additional bay
at Fire Station #32; that the Director of Fiscal Services certifies that upon approval of
this recommendation funds will be available in the current capital budget of the Fire
Improvements Capital Projects Fund; and recommending that the City Council authorize the
transfer of $356,268.24 in the Fire Improvements Capital Projects Fund from the Relocation
of Fire Station #26 to the Expansion of Fire Station #32. On motion of Council Member
Silcox, seconded by Council Member Chappell, the recommendation was adopted.
M&C G-9535 re There was presented Mayor and Council Communication No. G-9535 from the City Manager
SENCA Real:,Estate'; stating that the proposed PID #3 Plan of Services and Budget was presented by Halden Conner
Development Company to the City Council at the February 18, 1992, Pre -Council Session; that state law requires
that a proposed budget, service and assessment plan for the improvement district be annually
reviewed and approved by the City Council; that the statute further provides that the City
Council may assign responsibility for the proposed budget, service and assessment plan to
another entity in the absence of an advisory body; that this responsibility was previously
assigned to SENCA Real Estate Development Company for FY 90-91; that the March 12 public
hearing will be concerned with the District's Plan of Services and Budget for FY '91-'92;
that, once the service plan and budget are approved by the City Council, assessment hearings
can be scheduled; and recommending that the City Council assign the responsibility for
preparation of a proposed budget, service and assessment plan for Fort Worth Improvement
District No. 3 for fiscal year 1991-92 to SENCA Real Estate Development Company; direct
SENCA Real Estate Development Company to file the proposed budget, service and assessment
plan with the City Secretary not later than February 26, 1992; that a public hearing be set
thereon at 10:00 a.m. on Thursday, March 12, 1992; and direct the City Secretary to give
notice of the public hearing as provided by law. On motion of Council Member Meadows,
seconded by Mayor Pro tempore Webber, the recommendations were adopted.
M&C G-9536 re There was presented Mayor and Council Communication No. G-9536 from the City Manager,
cont. for one week as follows:
SUBJECT: AWARD OF GRANTS FOR ROUND TWO OF THE CODE:BLUE COMMUNITY GRANT
PROGRAM
RECOMMENDATION:
It is recommended that the City Council:
1. Award a grant to the organizations listed below, and
Minutes of City Council T-3 Page 405
I
Tuesday, February 25, 1992
G-9536 cont. 1� 2. Approve the transfer of $48,889 from General Fund Nondepartmental to
Special Trust Fund, various projects as listed below, and
3. Authorize the City Manager to enter into contracts with the agencies in
the total amount of $43,889, and
4. Authorize the establishment of a project in the amount of $5,000 to handle
administrative costs associated with the CODE:BLUE Grant Program and the
"Weed and Seed" program.
n T Crl ICC TnN .
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
A total of 93 grant applications were received from various community groups and
organizations. On January 28, 1992 (M&C C-13227), the City Council awarded 19
grants in the amount of $114,745 to various agencies. The Grant Review
Committee (GRC) met on February 12, 1992, to review grant applications received
during the second round, as well as those from agencies that submitted multiple
applications that were not considered for funding during the first round. The
recommended funding level for the second round is $43,889, resulting in a total
of $158,634 for both rounds.
The City is in the process of applying for a "Weed and Seed" grant from the U.S.
Department of Justice to address crime problems in a section of southeast Fort
Worth. No funding is available to handle the costs associated with public
meetings, copying, graphics, etc. In addition, none of the CODE:BLUE grant
funds were set aside to handle costs associated with administering the program.
It is estimated the $5,000 should be sufficient to cover administrative costs
for "Weed and Seed" and the CODE:BLUE grant program.
Approximately $86,366 will remain in the grant program after the above
expenditures. Staff recommends that a third round of funding not be held at
this time. Those programs that have been approved for funding will be evaluated
between now and September 30, 1992. A decision can be made prior to October 1,
1992, on whether to solicit additional proposals for the remaining funds.
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. McDonald Branch YMCA — Forest Oak Y -Pal
(Police Athletic League) $5,900
2. Southwest Branch YMCA - Rosemont Y -Pal
(Police Athletic League) 5,900
3. Eastside YMCA - Handley Y -Pal
(Police Athletic League) 5,900
4. Boys and Girls Club of Greater Fort Worth
(J. A. Caville Branch) 5,086
5. Arlington Heights East Neighborhood
Association 588
6. Friends of Old Fire Station No. 10, Inc. 9,265
Minutes of City Council T-3 Page 406
407
Tuesday, February 25, 1992
M&C G-9536 cont. 11 7. East Fort Worth Crime Watch Association 4,500
8. Fort Worth Theatre 2,900
9. R. L. Paschal High School PTA/Administration/
Management Plan 3,850
TOTAL $43,889
Attached is a description of each of the projects, the population to be served
and proposed use of funds. A complete copy of each proposal 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 of these funds,
2. All expenditures will be in accordance with 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 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.
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.
M&C G-9536 adopted Mayor Pro tempore Webber made a motion, seconded by Council Member Meadows, that the
recommendations, as contained in Mayor and Council Communication No. G-9536, be adopted.
M&C G-9536 cont. for Council Member Silcox made a substitute motion, seconded by Council Member Matson,
one week that consideration of Mayor and Council Communication No. G-9536 be continued for one week.
When the motion was put to a vote by the Mayor, it prevailed unanimously.
M&C G-9537 re There was presented Mayor and Council Communication No. G-9537 from the City Manager,
PEPSCO 11as follows:
SUBJECT: AMENDMENT TO PEBSCO DEFERRED COMPENSATION PLAN DOCUMENT
RECOMMENDATION:
It is recommended that the City Council approve the attached Restated Plan
Document amending City Secretary Contract No. 12622 and the Second Amendment to
City Secretary Contract No. 12642.
DTSr11SSTnN-
On February 2, 1981, the City of Fort Worth established an Internal Revenue Code
Section 457 Deferred Compensation program administered by the International City
Manager's Association (ICMA). The purpose of the program was to provide
employees a convenient method of accumulating money for future use to meet
individual objectives such as increased financial independence, supplemental
retirement income, a hedge against inflation in future years, accumulation of
more money than was possible using other tax -savings methods, and a reduced
current tax liability.
In 1982, subsequent to the implementation of the ICMA Deferred Compensation
Plan, the City requested proposals for a second deferred compensation plan to
provide employees with a wider choice of investments and to insure competitive
services. Public Employees Benefits Service Company (PEBSCO) was selected to
administer the second deferred compensation plan.
Minutes of City Council T-3 Page 407
Tuesday, February 25, 1992
City Secretary Contract No. 12642 governs the administrative services and
M&C G-9537 cont. contractual relationship between the City and PEBSCO. The First Amendment to
the Contract, City Secretary Contract No. 14974, provided for an extension of
the original contract for one (1) year with the option to extend the contract
annually for four (4) one (1) year periods; it has now expired.
A Second Amendment to City Secretary Contract No. 12642, effective upon
expiration of the First Amendment, has been prepared to extend the contract
automatically for successive one (1) year terms, subject to the City's and
PEBSCO's mutual right not to continue the contract by giving written notice to
the other party ninety (90) days prior to the contract's expiration date. The
Second Amendment eliminates the need to repeatedly bring the contract before
City Council for each contract renewal. The are no City funds involved in this
contract.
Additional changes to the Plan Document involve clarification and new language
due to changes in the tax laws. It amends City Secretary Contract No. 12622.
The Schedule of Changes is included with the attached documents.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that no additional financing is
required for this amendment.
SCHEDULE OF CHANGES
Page 2 Section 2.05: I left this section as previously written, as the
language referencing prior taxable years beginning after December
31, 1978 comes directly from the 457 Regulations. By including the
reference to December 31, 1978, it is extremely unlikely that the
plan could be successfully challenged as being out of compliance
regarding catch-up.
Page 3 Section 4.03: Changed "solely" to "exclusively."
Page 4 Top Paragraph: I deleted the last line describing the relationship
between the Employer and the Administrator.
Page 4 Last paragraph: I changed the distribution commencement date
language to 125 days following participant's death to better relate
to the preceding paragraph.
Page 6 (b): This language was changed to avoid constructive receipt but
still meeting the City's request of separation from service as the
earliest payout date that can be elected.
Page 6 Left this language as originally written. Reg. Section 1.457-1(b)
required a one-time irrevocable election.
Page 6 Section 5.02: Changed "Administrator" to "Management Committee"
where advisable.
Page 7 Section 6.08: Added language to make Fort Worth, Tarrant County,
Texas the proper venue for any action involving the plan.
Exhibit "A" - Definitions
7. MANAGEMENT COMMITTEE: Added a definition to coincide with the
committee's role regarding unforeseeable emergencies.
8. NORMAL RETIREMENT AGE: Added "as authorized or allowed by City's
Retirement Ordinance" after PARTICIPANT in the first sentence.
12. PUBLIC EMPLOYEE: Added the definition of Probation as follows:
"Probation being defined as the six-month period following initial
employment with the City."
13. SEPARATION FROM SERVICE: Added "termination, whether voluntary or
involuntary."
14. UNFORESEEABLE EMERGENCY: Added "Or as'unforeseeable emergency is
defined in IRC Section 457 and accompanying Regulations."
Minutes of City Council T-3 Page 408
Tuesday, February 25, 1992
II FT. WORTH RESTATED 457 PLAN
M&C G-9537 cont. SUMMARY OF CHANGES
Restated
Plan
Section
2.01
2.02
2.03(a)
2.03(b)
2.05
2.06
2.07
2.08 &
2.09
4.02
4.03
5.01(1)
5.01(2)
5.01(3)
5.01(4)
5.01(6)
Current
Plan
Section
2.02
2.01 &
1.04
2.03
N/A
2.06
N/A
N/A
N/A
4.02
3.02 &
3.07
N/A
5.01(a),
(b),(c),
& (d)
N/A
5.01(e)
N/A
5.01(6) 5.01(g)
5.01(7) 5.01(h)
N/A 5.01(j)
5.02 5.02
6.10
Exhibit
A(5)
Exhibit
A(6)
Exhibit
A(7)
Exhibit
A(9)
6.10
Exhibit
A(5)
N/A
Exhibit
A(6)
Exhibit
A(8)
Change
New Language
New Language
New & Additional
language
Beneficiary
investment
specification
New language
Coordination
requirements
Employer
Contributions
Plan to Plan
Transfers
Employer also
beneficiary under
all contracts
Language change
and/or additions
Mandatory
Distributions
Distributions upon
termination
Age 70 1/2
distributions
Distributions upon
death
Benefit
Elections/Allow-
able Distributions
Distribution timing
Removal of
"disability"
Plan Completion
Benefits deleted
Addition of
"tuition"
Additional language
Definition of
"Includable
Compensation"
Definition of "IRC"
Definition of
"Normal Retirement
Age"
Definition of
"Participant"
Reason For Change
Clarification
Clarification/
Consolidation
Clarification/IRS
Letter
Recognizes and
clarifies existing
rights
Clarification
Tax Reform of 1986
Recognizes and
clarifies existing
rights
Recognizes and
clarifies existing
rights
IRS letter
Consolidation/IRS
Letter
Tax Reform of 1986
Consolidation/
Clarification
Technical Corrections
of 1988
Administrative/Tax
Reform of 1986
Administrative/
Clarification/Tax
Reform of 1986
Administrative
Not a distributable
event
Tax Reform of 1986
(Distribution
Requirements)
Clarification
IRS Letter
Conforms to 457
Regulations
Tax Reform/
Clarification
Clarification/
Consolidation
Clarification
Minutes of City Council T-3 Page 409
WK
Tuesday, February 25, 1992
Exhibit N/A Definition of Clarification
M&C G-9537 cont.11 A(10) "Plan"
Exhibit N/A
Definition of Clarification
A(12)
"Separation from
with Analysis Ser-
Service"
Exhibit N/A
Definition of Clarification
A(13)
"Unforeseeable
Emergency"
M&C G-9537 adopted 11as
On motion of Council Member Woods, seconded by Council Member Chappell, the recommendation,
contained in Mayor and Council Communication No. G-9537, was adopted.
M&C P-5482 re There was presented Mayor and Council Communication No. P-5482, dated February 11,
payment to Looks 1992, from the City Manager stating that the City Council authorized a lease agreement with
Furniture Looks Furniture on November 26, 1991, by Mayor and Council Communication No. P-5347 for
furniture and panels for $7,274.31 per month; that, since that date, staff has determined
that additional furniture and panels are needed to make the center fully operational; that
Looks Furniture has agreed to lease the additional furniture and panels at the price quoted
on the current lease agreement; that the total additional cost per month is $4,201.59, for
a new monthly total of $11,475.90; that no additional cost will be incurred against the
lease agreement; that the Director of Fiscal Services certifies that funds required for this
agreement are available in the current capital budget, as appropriated, of the Grants Fund;
and recommending that the City Council authorize the payment of $21,007.95 for five-month
lease of furniture and panels to Looks Furniture and amend Mayor and Council Communication
No. P-5347 for an additional $4,201.59 per month with Looks Furniture for additional
furniture and panels not to exceed $11,475.90 for the Employment and Training Department.
On motion of Council Member Silcox, seconded by Council Member Woods, the recommendations
were adopted.
M&C P-5495 re There was presented Mayor and Council Communication No. P-5495 from the City Manager
purchase agreement
with Able Fuel In- stating that the City Council authorized a one year purchase agreement with two annual
jection Service renewal options with Able Fuel Injection Service on May 28, 1991, by Mayor and Council
Communication No. P-4990 to provide rebuilding and exchange of fuel system components; that
the estimated expenditures for this service are $50,000.00; that the service being rendered
is satisfactory and staff requests the first option to renew be exercised; that Able Fuel
Injection Service has agreed to maintain unit prices as originally bid; that no guarantee
has been made that a specific quantity of goods or services will be purchased; that the City
Services Department will use this service to obtain rebuilt fuel components to maintain the
City fleet; that the Director of Fiscal Services certifies that funds required for this
agreement are available in the current operating budget, as appropriated, of the Equipment
Services Fund; and recommending that the City Manager be authorized to exercise the first
of two options to renew the purchase agreement with Able Fuel Injection Service to provide
rebuilding and exchange of fuel system components, with term of agreement to begin June 4,
1992, and end June 3, 1993, with the option to renew for one additional year. It was the
consensus of the City Council that the recommendations be adopted.
M&C P-5496 re There was presented Mayor and Council Communication No. P-5496 from the City Manager
library material stating that the City Council authorized the City Manager on November 12, 1991, to spend in
purchases with Book excess of $5,000.00 each with a specified group of vendors for library materials; that it
House, Inc., and Book is recommended that Book House, Inc., and Book Wholesalers, Inc., be added to the list; that
Wholesalers, Inc.
each vendor holds copyrights or exclusive distribution rights to the materials it sells to
the City; that the maximum cumulative total amount to be spent with all listed vendors
remains unchanged at $450,000.00; that the Director of Fiscal Services certifies that no
additional financing is required for this vendor list addition; and recommending that the
City Council amend Mayor and Council Communication No. P-5325, approved November 12, 1991,
Minutes of City Council T-3 Page 410
There was presented Mayor and Council Communication No. P-5494 from the City Manager
M&C P-5494 re
purchase agreement
stating that the City Council authorized a one-year purchase agreement with two annual
with Analysis Ser-
renewal options with Analysis Services, Inc., on February 12, 1991, by Mayor and Council
vices, Inc.
Communication No. P-4730 to provide laboratory analysis services for oil and fuel; that the
estimated expenditures for this service for FY 91-92 is $65,000.00; that the service being
rendered is satisfactory and staff is requesting the first option to renew be exercised;
that Analysis Services, Inc., has agreed to maintain unit prices as originally bid; that the
Director of Fiscal Services certifies that funds required for this anticipated expenditure
during the 1991-92 fiscal year are available in the current operating budget, as
appropriated, of the Equipment Services Fund; and recommending that the City Manager be
authorized to exercise the first of two options to renew the purchase agreement for the City
Services Department with Analysis Services, Inc., to provide laboratory analysis services
for oil and fuel, with term of agreement to begin February,ll, 1992, and end February 10,
1993, with the option to renew for one additional year. It was the consensus of the City
Council that the recommendations be adopted.
M&C P-5495 re There was presented Mayor and Council Communication No. P-5495 from the City Manager
purchase agreement
with Able Fuel In- stating that the City Council authorized a one year purchase agreement with two annual
jection Service renewal options with Able Fuel Injection Service on May 28, 1991, by Mayor and Council
Communication No. P-4990 to provide rebuilding and exchange of fuel system components; that
the estimated expenditures for this service are $50,000.00; that the service being rendered
is satisfactory and staff requests the first option to renew be exercised; that Able Fuel
Injection Service has agreed to maintain unit prices as originally bid; that no guarantee
has been made that a specific quantity of goods or services will be purchased; that the City
Services Department will use this service to obtain rebuilt fuel components to maintain the
City fleet; that the Director of Fiscal Services certifies that funds required for this
agreement are available in the current operating budget, as appropriated, of the Equipment
Services Fund; and recommending that the City Manager be authorized to exercise the first
of two options to renew the purchase agreement with Able Fuel Injection Service to provide
rebuilding and exchange of fuel system components, with term of agreement to begin June 4,
1992, and end June 3, 1993, with the option to renew for one additional year. It was the
consensus of the City Council that the recommendations be adopted.
M&C P-5496 re There was presented Mayor and Council Communication No. P-5496 from the City Manager
library material stating that the City Council authorized the City Manager on November 12, 1991, to spend in
purchases with Book excess of $5,000.00 each with a specified group of vendors for library materials; that it
House, Inc., and Book is recommended that Book House, Inc., and Book Wholesalers, Inc., be added to the list; that
Wholesalers, Inc.
each vendor holds copyrights or exclusive distribution rights to the materials it sells to
the City; that the maximum cumulative total amount to be spent with all listed vendors
remains unchanged at $450,000.00; that the Director of Fiscal Services certifies that no
additional financing is required for this vendor list addition; and recommending that the
City Council amend Mayor and Council Communication No. P-5325, approved November 12, 1991,
Minutes of City Council T-3 Page 410
411
Tuesday, February 25, 1992
M&C P-5496 cont. and Ito add two vendors to the list. It was the consensus of the City Council that the
adopted recommendation be adopted.
M&C P-5497 re There was presented Mayor and Council Communication No. P-5497 from the City Manager
purchase agreement submitting a quotation received for a purchase agreement to furnish presort mail services
with Fort Worth Pre- for the Office Services Fund; stating that the Director of Fiscal Services certifies that
sort funds required for this purchase agreement.are available in the current operating budget,
as appropriated, of the Office Services Fund; and recommending that the City Council
authorize a purchase agreement with Fort Worth Presort to furnish presort mail services for
the Office Services Fund on its quotation of 1.2 cents per item, including barcoding all
readable mail, with term of agreement to begin March 1, 1992, and end February 28, 1993,
with options to renew for two additional one year periods. It was the consensus of the City
Council that the recommendations be adopted.
M&C P-5498 re There was presented Mayor and Council Communication No. P-5498 from the City Manager
purchase agreement wit submitting a tabulation of bids received for a purchase agreement to provide security patrol
Texas Executive services for the Park and Recreation Department; stating that the Director of Fiscal
Protection Services Services certifies that funds required for this anticipated expenditure are available in the
current operating budget, as appropriated, of the General Fund and the Special Revenue Fund;
and recommending that a purchase agreement be authorized with Texas Executive Protection
Services on the total low bid per hourly rate, net f.o.b. Fort Worth, with term of agreement
to begin February 25, 1992, and end February 24, 1993, with option to renew for two
additional years.
Mr. Richard Zavala re Mr. Richard Zavala, Director of the Park and Recreation Department, appeared before
M&C P-5498 the City Council and advised Council that the cost for armed City of Fort Worth Police
Officers to provide security patrol would be twice as much as the bid amount and advised
Council that the proposed security is provided by unarmed personnel and that it would cost
$20.00 for an armed Police Officer to perform the same services as provided by Texas
Executive Protection Services.
Council Member Chappell made a motion, seconded by Council Member Silcox, that the
recommendation, as contained in Mayor and Council Communication No. P-5498, be adopted.
When the motion was put to a vote by the Mayor, it prevailed unanimously.
M&C P-5499 re There was presented Mayor and Council Communication No. P-5499 from the City Manager
purchase agreement stating that the City Council authorized a purchase agreement with Superior Fuels and
with Superior Lubricants, Inc., on March 14, 1992, by Mayor and Council Communication No. P-4805 to
Fuel & Lubricants,
Inc. furnish Jet A fuel to the Police Department, Air Support Division, for a period of one-year
with options to renew for two additional one-year periods; that staff requests City
Council's authorization to exercise the first option to renew; that the vendor has agreed
to maintain the same terms and conditions for an additional year; that the Police Department
anticipates spending approximately $50,000.00 on this purchase agreement; that the Director
of Fiscal Services certifies that funds required for this anticipated expenditure during the
1991-92 fiscal year are available in the operating budget, as appropriated, of the General
Fund, and funds required for the 1992-93 fiscal year will be included in the proposed
budget; and recommending that the City Council exercise the renewal option on the purchase
agreement with Superior Fuel & Lubricants, Inc., to furnish Jet A fuel for the Police
Department, on its low bid of Petro Scan average price + .0524 cents per gallon, f.o.b. Fort
Worth, Texas, with term of agreement to become effective March 15, 1992, and end March 14,
1993, with one additional one-year option to renew. It was the consensus of the City
Council that the recommendations be adopted.
M&C P-5500 re There was presented Mayor and Council Communication No. P-5500 from the City Manager
purchase with submitting a tabulation of bids received for the purchase of rubber/ceramic sealers for the
Ceratech Coatings, Transportation and Public Works Department; stating that the Director of Fiscal Services
Inc. certifies that funds required for this expenditure are available in the current operating
budget, as appropriated, of the General Fund; and recommending that the City Council
authorize the purchase of rubber/ceramic sealers for the Transportation and Public Works
Department on a low bid of unit prices from Ceratech Coatings, Inc., for a total amount not
to exceed $6,633.95 net, with the casting of lots to determine the vendor for tie bids
received for Item No. 1 (Rubber Base Coating).
Acting City Secretary Acting City Secretary Pearson announced that lots will be cast for the purchase of
Pearson lots will be rubber base coating inasmuch as identical bids were submitted by Silrac Enterprises and
cast Ceratech Coatings and, following the drawing of bids by Mr. Edwin Cook, representing Silrac
Enterprises and Mr. Judson Bailiff, representing Ceratech Coatings, Council Member Meadows
made a motion, seconded by Council Member Puente, that the recommendations, as contained in
Mayor and Council Communication No. P-5500, be adopted with the purchase of rubber base
coating being awarded to Ceratech Coatings, Inc. When the motion was put to a vote by the
Mayor, it prevailed unanimously.
Minutes of City Council T-3 Page 411
412
Tuesday, February 25, 1992
M&tL r-buu1 re
. There was presented Mayor and Council Communication No. P-5001 from the City Manager
purchase agreement wit
Cooper Industries,.
stating that the City Council authorized a one-year purchase agreement with two annual
Energy Servces
renewal options with Cooper Industries, Cooper Energy Services, on April 9 1991 by Mayor
approve
and Council Communication No. P-4865 to provide technical assistance and component repair
of Lot 3, Block 1,
of the White Superior engines at Village Creek; that the estimated expenditures for this
Addition
service are $90,000.00; that the service now being rendered is satisfactory and staff is
Trudale Addition
requesting that the first option to renew be exercised; that the vendor has agreed to
from Michael L. Rolf for reconstruction of Martin Avenue
maintain unit prices as originally bid; that no guarantee has been made that a specific
from Wichita to Shackleford; and authorize
quantity of goods or services will be purchased; that Cooper Energy Services Group is the
authorize the acceptance of the appropriate deed. It was the consensus of the
sole source for parts and assistance on the engines at Village Creek; that the Director of
City Council that the recommendations be adopted.
Fiscal Services certifies that funds required for this anticipated expenditure are available
in the current operating budget, as appropriated, of the Water and Sewer Fund; and
recommending that City Council exercise the first of two options to renew the purchase
agreement with Cooper Industries, Cooper Energy Services to provide technical assistance and
component repair, with term of agreement to begin April 8, 1992, and end April 7, 1993, with
the option to renew for one additional year. It was the consensus of the City Council that
the recommendations be adopted.
M&C P-5502 re There was presented Mayor and Council Communication No. P-5502 from the City Manager
purchase from United submitting a tabulation of bids received for the purchase of elevator repair at the South
Elevator, Inc. Holly Water Plant from United Elevator, Inc., for the Water Department; stating that the
Director of Fiscal Services certifies that funds required for this expenditure are available
in the current operating budget, as appropriated, of the Water and Sewer Fund; and
recommending that the purchase be made from United Elevator, Inc., on its low overall bid
of unit prices for an amount not to exceed $29,093.60 net, f.o.b. Fort Worth. It was the
consensus of the City Council that the recommendation be adopted.
M&C P-5503 re There was presented Mayor and Council Communication No. P-5503 from the City Manager
renewal with Liquid stating that the City Council authorized a one-year purchase agreement with the option to
Carbonic Corporation renew for two additional years on December 18, 1990, by Mayor and Council Communication
No. P-4634 with Liquid Carbonic Corporation to furnish laboratory gases and accessories for
the Water Department; that the service provided has been satisfactory and the vendor has
provided written confirmation of an unchanged pricing structure; 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 Council exercise the one-year renewal option with Liquid Carbonic Corporation
to furnish laboratory gases and accessories for the Water Department based on unit prices,
with term of agreement to begin November 30, 1991, and.end November 29, 1992, with one
additional option year to renew, for an amount not to exceed $9,366.00. It was the
consensus of the City Council that the recommendations be adopted.
M&C L-10850 re There was presented Mayor and Council Communication No. L-10850 from the City Manager
acquisition of per- recommending that the City Council approve the acquisition of a permanent easement described
manent easement as a 19 foot by 28 foot square out of Lot 20R, Block 44, J.W. Wray Sub of Jennings South
Addition (555 South Summit), for the relocation of Sanitary Sewer L-215, from Jerome Weiner
and Dan Russakov for a total consideration of $1.00; and authorize the acceptance and
recording of the appropriate deed. It was the consensus of the City Council that the
recommendations be adopted.
M&C L-10851 re There was presented Mayor and Council Communication No. L-10851 from the City Manager
acquisition of per- recommending that the City Council approve the acquisition of permanent and temporary
manent and temporary easements described as a portion of a tract by deed to James 0. McBride and recorded in
easements
Volume 4977, Page 268, Tarrant County Deed Records (Interstate Highway 35W and Old Denton
Road), from Hillwood Holding Corporation, for a total consideration of $1.00, required for
Northside II Transmission Main, and authorize acceptance and recording of appropriate
easement. It was the consensus of the City Council that the recommendation be adopted.
M&C L-10852 re
There was presented Mayor and
Council
Communication No. L-10852 from the City Manager
acquisition of portion
recommending that the City Council
approve
the acquisition of right-of-way described as a
of Lot 3, Block 1,
portion of Lot 3, Block 1, Trudale
Addition
(3508 Martin Avenue); find that $415.00 is just
Trudale Addition
compensation for property acquired
from Michael L. Rolf for reconstruction of Martin Avenue
consideration of $1.00, required for reconstruction of Sanitary
from Wichita to Shackleford; and authorize
the acceptance and recording of the appropriate
authorize the acceptance of the appropriate deed. It was the consensus of the
deed. It was the consensus of the
City Council that the recommendations be adopted.
L-10853 re
There was presented Mayor and Council Communication No. L-10853
from the
City Manager
isition of tem-
recommending that the City Council approve the acquisition of a temporary
construction
ry construction
ment
easement described as a 15 -foot strip out of Lot 24, Block 56, South
Hills Addition (3528
Wosley) from Lisa Jennifer Smith, John W. Smith etux S. Rhonda
Smith,
for a total
consideration of $1.00, required for reconstruction of Sanitary
Sewer Main 240; and
authorize the acceptance of the appropriate deed. It was the consensus of the
City Council
that the recommendations be adopted.
Minutes of City Council T-3 Page 412
413
Tuesday, February 25, 1992
M&C L-10854 re There was presented Mayor and Council Communication No. L-10854 from the City Manager
acquisition of tem- recommending that the City Council approve a temporary construction easement described as
porary construction a ten -foot strip out of Lot 4, Block 69, South Hills Addition (2824 Wren Avenue) from David
easement Fleischman for reconstruction of Sanitary Sewer Main 240, for a total consideration of
$1.00, and authorize the acceptance of the appropriate deed. It was the consensus of the
City Council that the recommendations be adopted.
M&C L-10855 re There was presented Mayor and Council Communication No. L-10855 from the City Manager
acquisition of Lots 2B recommending that the City Council approve the acquisition of. right-of-way described as Lots
2C, and 2D, Block 23, 2B, 2C, and 20 out of Block 23, Jennings South Addition (311 South Henderson Street); find
Jennings South
Addition that $300,000.00 is just compensation for property acquired from Henderson Properties II by
Dr. Joe Bussey for Project -Realignment of Daggett Street from South Henderson to College;
and authorize the acceptance and recording of the appropriate deed.
Assistant City Manager Assistant City Manager Mike Groomer appeared before the City Council and advised
Mike Groomer re Council that the $300,000.00 is the amount that was determined by the independent fee
M&C L-10855 appraiser.
M&C L-10855 adopted Council Member Chappell made a motion, seconded by Council Member Meadows, that the
recommendations, as contained in Mayor and Council Communication No. L-10855, be adopted.
When the motion was put to a vote by the Mayor, it prevailed unanimously.
M&C L-10856 re There was presented Mayor and Council Communication No. L-10856 from the City Manager
acquisition of tem-
porary construction recommending that the City Council approve the acquisition of a temporary construction
easement easement described as a 15 -foot strip out of Lot 2, Block 69, South Hills Addition (5455
Rutland) from Katherine Sweeney and Myles H. Sweeney, required for reconstruction of
Sanitary Sewer Main 240 for a total consideration of $5,000.00 for damages; authorize a fund
transfer in the amount of $5,000.00 from Water and Sewer Operating Fund, Sewer Capital
Project, to Sewer Capital Improvement Fund, Reconstruction of Sanitary Sewer Main 240; and
authorize the acceptance of the appropriate deed.
Assistant City Manager Assistant City Manager Mike Groomer appeared before the City Council and advised the
Mike Groomer re Council that the $5,000.00 amount includes the holding harmless of the City of Fort Worth
M&C L-10856 for property damage and is a result of negotiations with the owner, in order to cover the
relandscaping costs of the property.
M&C L-10856 adopted II Council Member Chappell made a motion, seconded by Council Member Meadows, that the
recommendations, as contained in Mayor and Council Communication No. L-10856, be adopted.
When the motion was put to a vote by the Mayor, it prevailed unanimously.
M&C L-10857 re There was presented Mayor and Council Communication No. L-10857 from the City Manager
leasehold improvements recommending that the City Council adopt supplemental appropriation ordinance increasing the
Water and Sewer Operating Fund by $115,454.00 and decreasing the Unrestricted, Undesignated,
Retained Earnings of the Water and Wastewater Operating Fund by the same amount; and
authorize the City Manager to acquire the leasehold improvements located on Lot 8, Block 28,
Lake Worth, from Robert A. White and wife, Minnie W. White, for $65,000.00 and Lot 12R,
Block 28, from Frances Peebles, for $50,454.00. It was the consensus of the City Council
that the recommendations be adopted.
Introduced an Council Member McCray introduced an ordinance and made a motion that it be adopted.
Ordinance The motion was seconded by Council Member Woods. The motion, carrying with it the adoption
of said ordinance, prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente,
Silcox, Matson, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. 11028 11 ORDINANCE NO. 11028
AN ORDINANCE APPROPRIATING $115,454.00 TO THE WATER AND WASTEWATER
OPERATING FUND AND DECREASING THE UNRESTRICTED, UNDESIGNATED
RETAINED EARNINGS BY THE SAME AMOUNT FOR THE PURPOSE OF ACQUIRING
THE LEASEHOLD IMPROVEMENTS ON LAKE WORTH LEASES; PROVIDING FOR A
SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINACES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
Minutes of City Council T-3 Page 413
'/�4
14
Tuesday, February 25, 1992
contnance No. nuzu BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 5.
This ordinance shall take effect and be in full force and effect from and
after the date of its passage, and it is so ordained.
M&C L-10858 re There was presented Mayor and Council Communication No. L-10858 from the City Manager
sale of surplus recommending that the City Council approve the sale of surplus properties described as 1618
New York, Lot 569B, Block 22, Hyde Park to C. Watson on high bid of $1,200.00; 1908 South
Adams, Lot 10, Block 6, James Harrison to T. Schrecengost on high bid of $600.00; 11d2
Bradley, Lot 2, Block 1, Murray Hill to D. Shimkus on quotation of $401.00; 1606 College,
Lot 1, George Bondies, to W. Graham on quotation of $376.00; and 2625 LaSalle, Lots 24 and
25, Block 1, Martindale, to Corinth Baptist Church on high bid of $2,000.00, and authorize
the City Manager to execute the appropriate deeds conveying properties to the highest
bidder. On motion of Council Member Meadows, seconded by Council Member McCray, the
recommendation was adopted.
M&C C-13250 re There was presented Mayor and Council Communication No. C-13250 from the City Manager,
contract with as follows:
Architectural Uti-
lities, Inc. SUBJECT: PROPOSED CHANGE ORDER NO. 2 WITH ARCHITECTURAL UTILITIES, INC., FOR
SIX SANITARY SEWER METER STATIONS REHABILITATION
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a fund transfer in the amount of $29,974 from Water and Sewer
Operating Fund, Sewer Project to Sewer Capital Improvement Fund, Six Sewer
Meter Stations Rehabilitation, and
2. Authorize Change Order No. 2 in the amount of $29,974 to City Secretary
Contract No. 18688 with Architectural Utilities, Inc., for the six Sanitary
Sewer Meter Stations Rehabilitation, revising the total contract cost to
$227,218.30 and adding three working days for a total contract time of 63
working days.
DISCUSSION:
On August 6, 1991 (M&C C-12993), the City Council authorized the award of a
contract to Architectural Utilities, Inc., for six Sanitary Sewer Meter Stations
Rehabilitation.
During construction of the Haltom City sewer meter station, it was discovered
that the existing 30 -inch sewer line, upstream of the meter station, had severe
joint leaks resulting in significant infiltration with this main. The
Insituform process is proposed to be used to repair the sewer line due to
construction constraints. The contractor, Architectural Utilities, Inc., will
perform this additional work for $29,974 and three (3) additional working days.
The proposed changes are described on the attached sheets.
The net effect of the proposed change order is as follows:
Original Contract Cost $196,359.30
Change Order No. 1 $ 885.00
Proposed Change Order No. 2 $ 29,974.00
Revised Contract Cost $227,218.30
The staff engineers of the Water Department have reviewed the proposed charges
and time extension and found them reasonable for similar work.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that funds required for this contract
are available in the current operating budget, as appropriated, of the Water and
Sewer Operating Fund.
C-13250 adoptedI{It was the consensus of the City Council that the recommendations, as contained in Mayor and
(Council Communication No. C-13250, be adopted.
Minutes of City Council T-3 Page 414
415
Tuesday, February 25, 1992
M&C C-13251 re
There was presented Mayor and Council Communication No. C-13251 from the City Manager
grant from Texas
State Library and
stating that the Texas State Library and Archives Commission and the U.S. Department of
Archives Commission
Education propose to grant an amount not to exceed $197,961.00 to the City of Fort Worth to
provide resource sharing and interlibrary loan services in the 21 -county area of North
Texas; that the Fort Worth Library serves as the "Major Resource Center" for this area of
Texas; that the grant is for the State Fiscal Year, September 1, 1992, through August 31,
1993; that it will continue to subsidize resource sharing in the North Texas area and to
provide local libraries with a means of acquiring the use of materials from libraries
throughout the United States; that the Director of Fiscal Services certifies that no City
funds are required for this grant; and recommending that the City Manager be authorized to
apply for and, if offered, accept the grant in an amount not to exceed $197,961.00 from the
Texas State Library and Archives Commission for Interlibrary Loan services; execute a grant
contract with the Texas State Library and Archives Commission; and apply indirect cost in
accordance with the City's Administrative Regulation 3-15 of 31.68 percent, which represents
the most recent approved rate for the department. It was the consensus of the City Council
that the recommendations be adopted.
M&C C-13252 re
contract with Fort
There was presented Mayor and Council Communication No. C-13252 from the City Manager
Worth Housing Finance
stating that the Fort Worth Housing Finance Corporation on September 13, 1990, approved
Corporation
issuance of 21.4 million in mortgage revenue bonds; that proceeds from the sale of the bonds
are being utilized to provide mortgage loans for first-time homebuyers seeking to purchase
newly constructed or existing homes in the City of Fort Worth; that, to support the Single
Family Mortgage Revenue Bond Program during the first year of two-year origination period,
the Fort Worth Housing Finance Corporation approved the establishment of the Fort Worth Home
Loan Information Center on September 25, 1990, with a $52,500.00 allocation for the purpose
of providing information to interested borrowers; that this information center is supervised
by City staff from the Housing and Human Services Department; that the Fort Worth Housing
Finance Corporation approved the allocation of $41,981.00 on October 29, 1991, for continued
operation of the Fort Worth Home Loan Information Center through the second year of the bond
program origination period; that this allocation is a combination of funds (1) $27,348.00
which is remaining from the original allocation of $52,500.00, and (2) a new allocation of
$14,633.00; that the funds will be used for salaries of two employees who operate the Center
and for supervisory costs; and recommending that the City Manager be authorized to adopt a
supplemental appropriations ordinance increasing estimated receipts and appropriations by
$14,633.00 in General Fund from increased revenues; execute a contract with Fort Worth
Housing Finance Corporation for continued operation of Home Loan Information Center from
November 1, 1991, to September 30, 1992, for an amount not to exceed $41,981.00; and approve
waiver of indirect costs applicable to this request. It was the consensus of the City
Council that the recommendations be adopted.
Council Member McCray introduced an ordinance and made a motion that it be adopted.
Introduced an
Ordinance The motion was seconded by Council Member Woods. The motion, carrying with it the adoption
lof said ordinance, prevailed by the following vote:
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente,
Silcox, Matson, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. 11029 II ORDINANCE NO. 11029
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE GENERAL FUND IN THE AMOUNT OF $14,633.00 FOR THE PURPOSE OF
CONTINUING OPERATION OF THE HOME LOAN INFORMATION CENTER; PROVIDING
FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF
PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 5.
This ordinance shall take effect and be in full force and effect from and
after the date of its passage, and it is so ordained.
Minutes of City Council T-3 Page 415
el
416
Tuesday, February 25, 1992
M&C C-13253 re There was presented Mayor and Council Communication No. C-13253 from the City Manager
lease agreement stating that the Park and Recreation Trades and Crafts section has been occupying warehouse
with Billie B. Mosites space at 2625 Cullen, since the vacation of the old headquarters building on East Rosedale;
Trustee
that, it is necessary to renew this lease on a month-to-month basis from February 1, 1992,
until August 1, 1992, at a rate of $3,160.00 per month; that the warehouse consists of
11,500 square feet of building and approximately 30,000 square feet of secure parking; that
the property is located in Council District 7; that the Director of Fiscal Services
certifies that funds required for these lease payments are. available in the current
operating budget, as appropriated, of the General Fund; and recommending that the City
Council approve the month-to-month lease agreement with Billie B. Mosites, Trustee, for
warehouse space for the Park and Recreation Department, for an amount not to exceed
$3,160.00 monthly. It was the consensus of the City Council that the recommendation be
adopted.
M&C C-13254 re
There was presented Mayor and Council Communication No. C-13254 from the City Manager
lease agreement
stating that the City Council authorized a lease agreement on February 2, 1989, by Mayor and
with Stanford Company
Council Communication No. C-11457 for office space located at 801 West Cannon Street; that
this space is presently utilized by the Employment and Training Department to administer
youth programs funded under the Job Training Partnership Act; that this Mayor and Council
Communication authorized a two-year lease with an option to renew for one year; thus, the
current lease expires February 29, 1992; that this facility will be used for client intake
to determine eligibility for services, testing, assesssment, referral to youth contractors,
and serve as site for staff and contractor training/workshops; that, in addition, this
facility houses a learning center for out of school youth, and two of The Working
Connection's youth service contractors are housed at this location; that the Director of
Fiscal Services certifies that funds required for this agreement are available in the
operating budget of the Grants Fund for. the period of March 1, 1992, to June 30, 1992; that
funds for July 1, 1992, to February 28, 1993, will be available contingent upon execution
of FY '92 JTPA Title II -A and II -B contracts; and recommending that the City Manager be
authorized to negotiate and execute a two-year lease agreement with an option to renew for
one additional year, with the Stanford Company for an office building located at 801 West
Cannon Street, with term of agreement to become effective March 1, 1992, and end February
28, 1994, with an option year which will extend the term until February 28, 1995, at a
monthly rate of $6,188.56, subject to rent increases under the terms of the lease. It was
the consensus of the City Council that the recommendation be adopted.
M&C C-13255 re
There was presented Mayor and Council Communication No. C-13255 from the City Manager
agreement with Texas
stating that the Texas Society to Prevent Blindness, Metro/Tarrant County Branch, is in the
Society
process of issuing a new golf privilege card, effective July 1, 1992, through June 30, 1993;
that this card is purchased from the Society and when the golfer presents the card at one
of the three identified golf courses, with the rental of a golf cart, he/she is allowed to
play one free round of golf; that the card would be valid on weekdays only, excluding
holidays; and recommending that the City Manager be authorized to execute an agreement with
the Texas Society to Prevent Blindness to allow the Society to include Meadowbrook, Pecan
Valley, and Sycamore Creek Golf Courses as participating courses in their golf privilege
program. It was the consensus of the City Council that the recommendation be adopted.
M&C C-13256 re There was presented Mayor and Council Communication No. C-13256 from the City Manager
contract with Randall submitting a tabulation of bids received for construction of Sycamore Creek Golf; stating
& Blake, Inc. that the Director of Fiscal Services certifies that upon adoption of the supplemental
appropriations ordinance and approval of the fund transfer, funds required for this
expenditure will be available in the capital budget of the Park and Recreation Improvements
Fund; and recommending that the City Council:
I. Adopt the attached supplemental appropriations ordinance increasing
appropriations in the Golf Course Fund by $385,000.00 decreasing the
unreserved, undesignated Retained Earnings by a like amount, and
2. Authorize the City Manager to transfer funds in the amount of $385,000.00
from the Golf Course Fund to the Park and Recreation Improvements Fund,
and
3. Authorize the City Manager to execute a contract with Randall & Blake,
Inc., in the amount of $1,286,040.00 for the construction of the Sycamore
Creek Golf Course.
M&C C-13256 adopted IlIt was the consensus of the City Council that the recommendations be adopted.
Introduced an Council Member McCray introduced an ordinance and made a motion that it be adopted.
Ordinance The motion was seconded by Council Member Woods. The motion, carrying with it the adoption
11of said ordinance, prevailed by the following vote: .
Minutes of City Council T-3 Page 416
417
Tuesday, February 25, 1992
AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Puente,
Silcox, Matson, McCray, Woods, Meadows, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. 11030 11 ORDINANCE NO. 11030
AN ORDINANCE APPROPRIATING $385,000.00 TO THE GOLF COURSE FUND AND
DECREASING THE UNRESERVED, UNDESIGNATED RETAINED EARNINGS BY THE
SAME AMOUNT FOR THE PURPOSE OF FUNDING CONSTRUCTION OF THE SYCAMORE
CREEK GOLF COURSE; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 5.
This ordinance shall take effect and be in full force and effect from and
after the date of its passage, and it is so ordained.
M&C C-13257 re There was presented Mayor and Council Communication No: C-13257 from the City Manager,
contract with as follows:
Charles W. Evans
SUBJECT: AUSTIN CONSULTANT SERVICES
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into
a contract with Charles W. Evans for personal services involving consultation
and representation related to issues of concern to the City of Fort Worth before
the state legislature, the Governor, and state agencies and commissions. The
contract will be in effect from March 1, 1992 to February 28, 1993 at the rate
of $4,000 per month plus necessary travel expenses, as approved by the City
Manager. The City shall have the option to renew and extend the contract
through February 28, 1994 under the same terms as provided in the contract.
nT-rCIISCTnN-
During the last two legislative bienniums, the City of Fort Worth has retained
outside consultant services based in Austin in order to maintain resident
expertise in state affairs. The activities of the state legislature and
increasingly the activities of the state agencies and commissions require
constant monitoring to help prevent the adoption of legislation and agency rules
and regulations that can be detrimental to the interests of the City. The role
of an outside consultant in state affairs has been to assist the City in
promoting and protecting its legislative interests in Austin.
The City Council Legislative Committee met and interviewed prospective firms and
individuals with past experience in municipal legislative consultant work. The
City Council Legislative Committee recommends to the City Council that Charles
W. Evans be awarded the Austin consultant contract. Mr. Evans has agreed to
serve the City for renumeration at the rate of $4,000.00 per month plus travel
expenses beginning on March 1, 1992. Mr. Evans' duties will include but not be
limited to providing advice and counsel regarding state agencies and commissions
as well as providing assistance in promoting passage of legislative initiatives
for the City during legislative sessions. The details of the agreement between
the City and Mr. Evans, including the scope of services, are reflected in the
attached proposed contract.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that funds required for this agreement
for the 1991-92 fiscal year are available in the current operating budget, as
appropriated, of the General Fund. Funds for the 1992-93 fiscal year will be
included in the proposed budget.
Minutes of City Council T-3 Page 417
418
Tuesday, February 25, 1992
Council Member Meadows Council Member Meadows advised Council that the City Council Legislative Committee met
re M&C C-13257 and is recommending to the City Council that Charles W. Evans be awarded the Austin
Consultant Contract and advised Council that RFP's were solicited and prospective firms and
individuals with past experience in municipal legislative work were interviewed and made a
motion, seconded by Council Member Puente, that the recommendation, as contained in Mayor
and Council Communication No. C-13257, be adopted. When the motion was put to a vote by the
Mayor, it prevailed unanimously.
M&C C-13258 re
There was presented Mayor and Council Communication No. C-13258 from the City Manager
JTPA Titles IIA and
stating that the City Council authorized contracts with the Texas Department of Commerce for
III
implementation of the Job Training Partnership Act for Titles IIA and III for the period of
July 1, 1991, to June 30, 1992; that, in addition, the City Council authorized, through
Mayor and Council Communication No. C-12856, on May 14, 1991, the City Manager to enter into
another contract with TDOC for National Discretionary funds to finance retraining activities
for General Dynamics workers displaced as a result of the A-12 contract cancellation; that,
through these services, participants are provided with "specific occupational/educational
classroom training"; that the City Council authorized the services to be procured on a "buy -
in" or "as -needed" basis; that the list of institutions was previously approved through
Mayor and Council Communication No. G-9363 and C-13210; that Cad Concepts, Inc., Training
Center (CCI) is being added to the approved vendors list; that the limit for Dallas Baptist
University was approved on Mayor and Council Communication No. G-9363, but on Mayor and
Council Communication No. C-13210 the line "TCJC - Buy -ins" was substituted for Dallas
Baptist University, in error; that the Director of Fiscal Services certifies that funds
required for this expenditure are available in the 1991 program year in the Grants Fund; and
recommending that the City Manager be authorized to increase the limit of expenditures by
$65,000.00 from $4,105,000.00 to $4,170,000.00 for purchase of training services and
materials for Titles IIA and III of the Job Training Partnership Act. On motion of Council
Member Woods, seconded by Council Member Chappell, the recommendation was adopted.
M&C FP -2924 re
'
final payment to
There was presented Mayor and Council Communication No. FP -2924 from the City Manager
Garney Companies, Inc.
recommending that the City Council approve Change Order No. 2, for a deduction, in the
amount of $283,256.00 to City Secretary Contract No. 18358 with Garney Companies, Inc., for
Eagle Mountain Raw Water Pipeline, and adding 17 calendar days for total contract time of
267 calendar days; accept as complete contract with Garney Companies, Inc., for Eagle
Mountain Raw Water Pipeline; and authorize final payment in the amount of $201,982.03 to
Garney Companies, Inc., bringing final project cost to $3,478,946.72.under City Secretary
Contract No. 18358. It was the consensus of the City Council that the recommendations be
adopted.
r. Leroy Green re Mr. Leroy Green, 616 Astoria Avenue, Azle, Texas, appeared before the City Council and
ishing at the advised City Council that no action has been taken since he last appeared before the Council
ature Center regarding bank fishing at the Nature Center; that the fishermen are not permitted to fish
along the banks; and stated that, in his opinion, this is clearly 'discrimination against the
fishermen.
ouncil Member Meadows Council Member Meadows advised City Council that an Advisory Board did come forth with
dvisory Board on a recommendation to the Park and Recreation Advisory Board to ban bank fishing, but advised
ishing at the Council that there is currently an ordinance on the books that prohibits fishing unless
ature Center signs are posted otherwise, and that the City Council would only be enforcing an ordinance
that has not been enforced for a period of time.
s. Karen Blaylock re Ms. Karen Blaylock, 8501 Tamara Trail, appeared before the City Council and advised
and/gravel mining Council that certain conditions were to be followed by the Company that was doing the
sand/gravel mining on Trinity Boulevard; that the fence that was put up around the area has
fallen; that one hundred feet of drainage pipe has not been covered; and that there is a pit
measuring 3.4 acres and advised Council that a second area is now being excavated.
yor Granger re Mayor Granger advised Ms. Blaylock that staff is looking into this matter at the
. Blaylock
request of another citizen present at last week's City Council meeting.
sistant City Manager Assistant City Manager Mike Groomer appeared before the City Council and advised
ke Groomer re Council that the permit holder has been asked to provide the City with certain information
nd/gravel mining from his surveyor; staff is currently reviewing the size of the mining operation and an
investigation will be conducted regarding the damaged fence.
r. David Newell re Mr. David Newell, 3313 Moss Hollow, appeared before the City Council and advised
iver Trails Addition Council that there has been some misunderstanding among various homeowners in the River
omeowners Trails Addition; that the fence has been washed away in two sections because of a swell that
was not there, but was later installed by their company at their own expense, but
unfortunately it was improperly calculated and, the water washed out two sections of the
fence; that the City drainage has failed after being repaired twice; that they estimate the
acreage to be 2.5 acres and advised Council that two other holes excavated two years ago are
complete but they can not do anything to the two holes due to restrictions imposed by the
Minutes of City Council T-3 Page 418
r. David Newell cont.
tatement
jCity Attorney Adkins
Ire Mr. David Newell
"Ms. Marilyn Hodge re
statement made in the
Fort Worth Star -Tele-
gram from Council
;Member Silcox
IMr. Jim Jack re
rental registration
Mayor Granger re
Mr. Jack
(Adjourned
419
Tuesday, February 25, 1992
federal government; and advised Council that they did initiate a request in the initial
variance and was granted a certain period of time to come up with the $150,000.00; and
advised Council that the money is supposed to be deposited on March 3, 1992.
City Attorney Adkins advised Council that there is a contract being drawn up in the
Legal Department that discloses the escrow of the funds and how they are to be used and the
list that is being referred to is from the Board of,Adjustment and is part of the Special
Exceptions that were granted.
Ms. Marilyn Hodge, 1517 Glasgow Road, appeared before the City Council and expressed
appreciation to all of the City Council members and expressed her dismay with a statement
that she read in the Fort Worth Star -Telegram regarding a comment made by Council Member
Silcox with regard to the Highland Hills Association Grant for a Code:Blue Grant Program for
weight -lifting equipment for new recreation center and suggested that an apology is owed to
the Highland Hills Association as well as the residents of Highland Hills.
Mr. Jim Jack, 3712 West Biddison Street, appeared before the City Council on behalf
of Tarrant County Homeowners' Association expressing opposition to the rental registration
and advised Council that the tenants should be responsible for the maintenance of fire
detectors and alarms in rental properties.
Mayor Granger advised Mr. Jack that this issue will be discussed at the City Council
work session on next Tuesday at 2:00 p.m.
There being no further business, the meeting was adjourned.
y, Z; V i
ASSI A CITY SECRETARY
Minutes of City Council T-3 Page 419