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HomeMy WebLinkAbout1989/07/26-Minutes-City Council296 CITY COUNCIL MEETING JULY 25, 1989 Council Met On the 25th day of July, A.D., 1989, the City Council of the City of Fort Worth, Texas, met in regular session, with the following members and officers present, to -wit: Members present Mayor Bob Bolen; Mayor Pro tempore Garey W. Gilley; Council Members Louis J. Zapata, William N. Garrison, Kay Granger, Eugene McCray, Steve Murrin, Jr., and Virginia Nell Webber; City Manager Douglas Harman; City Attorney Wade Adkins; Assistant to City Secretary Sylvia Glover; Council Member David Chappell absent; with more than a quorum present, at which time the following business was transacted: Invocation Pledge of Allegiance Minutes of July 18, 1989 were approved Honorary Citizen- ship Certificates Davide Colli, Claudio i4ariano, Marco Aguzzoli from Sister Citie in Reggio Emilia, Italy Excellence presen ted to Mr. Bob Ballard - Tandy Corporation With drew M&C Nos C-11762, C-11767. & P-3599and M&C G 8135 cont. for 1 week Approved consent agenda Nominated Mrs. Kay Granger to the Fort Worth Convention & Vistors Bureau Board of Director The invocation was given by The Reverend Nancy Nelson, Associate Minister, Richland Hills United Methodist Church. The Pledge of Allegiance was recited. , On motion of Mayor Pro tempore Gilley, seconded by Council Member Murrin, the minutes.of the meeting of July 18, 1989, were approved. Mayor Pro tempore Gilley presented Honorary Citizenship Certificates to Davide Colli, Claudio Mariano, and Marco Aguzzoli, members of the Fort Worth Theater from the Sister Cities in Reggio Emilia, Italy. "Certificates of Excellence were presented to Mr. Bob Ballard, Tandy Corporation, and to Ann Diveley,, City of Fort Worth. City Manager Harman requested that Mayor and Council Communication Nos. C-11762, C-11767, and P-3599 be withdrawn from the agenda and that Mayor and Council Communication No. G-8135 be continued for one week. . Council Member Zapata advised City Council of a conflict of interest on Mayor and Council Communication No. L-9860 and stated that he would abstain from the vote on Mayor and Council Communication No. L-9860, involving Fort Worth Independent School District. On motion of Council Member Murrin, seconded by Mayor Pro tempore Gilley, the consent agenda was approved. Mayor Pro tempore Gilley nominated Mrs. 'Kay Granger to serve on the Fort Worth Convention and Visitors Bureau Board of Directors and made a motion, seconded Council Member Garrison, that Mrs. Granger be appointed to the Fort Worth Convention and Visitors Bureau Board of Directors to serve in place of Council Member Steve Murrin, who respectfully resigned. When the motion was out to a vote by the Mayor, it prevailed unanimously.. Introduced a Mayor Pro tempore Gilley introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member Murrin. The motion, carrying with it the adoption of said resolution, prevailed by the following votes AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, and Webber NOES: None., ABSENT: Council Member Chappell The resolution, as adopted, is as follows: Reso i uti on No. RESOLUTION NO. 1436 1436 COMMENDING THE SERVICE OF THE HONORABLE BOB MCFARLAND TEXAS SENATOR - DISTRICT 10 WHEREAS, the Honorable Bob McFarland represents citizens of the City of Fort Worth in the Texas Senate; and WHEREAS, Senator McFarland provides outstanding service to those citizens of Fort Worth; and WHEREAS, Senator McFarland provides great accessibility to Fort Worth citizens and the staff and elected officials of the City of Fort Worth; and WHEREAS, Senator McFarland provided continuing support to the legislative goals of the City of Fort Worth in: the 71st Legislative Session; and WHEREAS, Senator McFarland exhibited leadership in many issues of interest to municipalities of the state, especially those dealing with the criminal justice system; and Minutes of City Council M-3 Page 296 297 TUESDAY, JULY 25, 1989 Resolution No. WHEREAS, Senator McFarland provided leadership and 1436 cont. understanding of local impact in the drafting of the in -transit inventory tax legislative initiatives, furthering the economic development potential of the area; NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL of the CITY OF FORT WORTH that State Senator Bob McFarland is greatly appreciated for his outstanding service to Fort Worth and the State of Texas. Introduced a Mayor Pro tempore Gilley introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member Murrin. The motion, carrying with it the adoption of said resolution, prevailed by the following voter AYES: Mayor Bolen; Mayor Pro tempore Gilley; CouncilMembers Zapata, Garrison, Granger;.McCray, Murrin, and Webber NOES: None ABSENT: Council Member Chappell The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1437 1437 COMMENDING THE SERVICE OF THE HONORABLE HUGH Q. PARMER TEXAS SENATOR - DISTRICT 12 WHEREAS, the Honorable Hugh Q. Parmer represents many citizens of the.City of Fort Worth in the Texas Senate; and WHEREAS, Senator Parmer provides outstanding service to those citizens of Fort Worth; and WHEREAS, Senator Parmer provides great accessibility to Fort Worth citizens and the staff and elected officials of the City of Fort Worth; and WHEREAS, Senator Parmer provided continuing' support to the legislative goals of the City of Fort Worth in the 71st Legislative Session, including the introduction of enhanced felony forfeiture legislation and sponsorship of the initiative to eliminate duplication of recordkeeping in the municipal courts; and WHEREAS, Senator Parmer exhibited leadership in drafting legislation aimed at fighting and preventing crime in Fort Worth and the surrounding areas; NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL of the CITY OF FORT WORTH that State Senator Hugh Q. Parmer is greatly appreciated for his outstanding service to Fort Worth and the State of Texas. Introduced a Mayor Pro tempore Gilley introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member Murrin. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council "Members Zapata, Garrison, Granger, McCray, Murrin, and Webber Resolution No. 1438 NOES: None `e ABSENT: Council Member Chappell The resolution, as adopted, is as follows: RESOLUTION NO. 1438 COMMENDING THE SERVICE OF THE HONORABLE ROBERT J. GLASGOW TEXAS SENATOR - DISTRICT 22 WHEREAS, the Honorable Robert J. (Bob) Glasgow represents many citizens of the City of Fort Worth in the Texas Senate; and r. WHEREAS, Senator Glasgow provides outstanding service to those citizens of Fort Worth; and WHEREAS, Senator Glasgow provides great accessibility to Fort Worth citizens and the staff and elected officials of the City of Fort Worth; and WHEREAS, Senator Glasgow provided continuing support to the legislative goals of the City of Fort Worth in the 71st Legislative Session; Minutes of City Council M-3 Page 297 298 TUESDAY, JULY 25, 1989 Resolution No. NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL of the 1438 cont. CITY OF FORT WORTH that State Senator Robert J. (Bob) Glasgow is greatly appreciated for his outstanding service to Fort Worth and the State of Texas. Introduced a Mayor Pro tempore Gilley introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member Murrin. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Member Chappell The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1439 1439 COMMENDING THE SERVICE OF THE HONORABLE EDDIE BERNICE JOHNSON TEXAS SENATOR - DISTRICT 23 WHEREAS, the Honorable Eddie Bernice Johnson represents a portion of Tarrant County in the Texas Senate; and WHEREAS, Senator Johnson provides outstanding service to the citizens of the Fort Worth - Dallas region; and WHEREAS, Senator Johnson provides great accessibility to the staff and elected officials of the City of Fort Worth; and WHEREAS, Senator Johnson provided continuing support to the legislative goals of the City of Fort Worth in the 71st Legislative Session; NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL of the CITY OF FORT WORTH that State Senator Eddie Bernice Johnson is greatly appreciated for her outstanding service to Fort Worth and the State of Texas. Mayor Pro tempore Gilley introduced a resolution and made a motion that it be Introduced a adopted. The motion was seconded by Council Member Murrin. The motion, carrying with Resolution it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council_ Members Zapata, Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Member Chappell The resolution, as adopted, is as follows: Resolution No. II RESOLUTION NO. 1440 1440 COMMENDING THE SERVICE OF THE HONORABLE GIBSON D. (GIB) LEWIS SPEAKER OF THE TEXAS HOUSE OF REPRESENTATIVES WHEREAS, the Honorable Gibson D. (Gib) Lewis represents many citizens of the City of Fort Worth in the Texas House of Representatives; and WHEREAS, Speaker Lewis provides outstanding service to those citizens of Fort Worth; and WHEREAS, Speaker Lewis provides great accessibility to Fort Worth citizens and the staff and elected officials of the City of Fort Worth; and WHEREAS, Speaker Lewis provided continuing extraordinary support to the legislative goals of the City of Fort Worth in the 71st Legislative Session; NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL of the CITY OF FORT WORTH that State Representative Gibson D. (Gib) Lewis is greatly appreciated for his outstanding service to Fort Worth and the State of Texas. Introduced a Resolution Mayor Pro tempore Gilley introduced a resolution and made a motion that it be adopted. The motion was seconded by Council Member Murrin. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: Minutes of City Council M-3 Page 298 299 TUESDAY, JULY 25, 1989 Resolution No. II AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Member Chappell The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1441 1441 COMMENDING THE SERVICE OF THE HONORABLE DOYLE WILLIS TEXAS HOUSE OF REPRESENTATIVES - DISTRICT 90 WHEREAS, the Honorable Doyle Willis represents many citizens of the City of Fort Worth in the Texas 'House of Representatives; and WHEREAS, Representative Willis provides outstanding service to those citizens of Fort Worth; and WHEREAS, Representative Willis provides great accessibility to Fort Worth citizens and the staff and elected officials of the City of Fort Worth; and WHEREAS, Representative Willis provided support to the legislative goals of the City of Fort Worth in the 71st Legislative Session, especially by introducing a bill to eliminate duplication of recordkeeping in the municipal courts; NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL of the CITY OF FORT WORTH that State Representative Doyle !Willis is greatly appreciated for his outstanding service to Fort Worth and the State of Texas. Introduced a Mayor Pro tempore Gilley introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member Murrin. The motion, carrying with it the adoption of said resolution, prevailed by the following vote:: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council;Members Zapata, Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Member Chappell The resolution, as adopted, is as follows: Resolution No. II RESOLUTION NO. 1442 1442 COMMENDING THE SERVICE OF THE HONORABLE BILL G. CARTER TEXAS HOUSE OF REPRESENTATIVES - DISTRICT 91 WHEREAS, the Honorable Bill G. Carter represents many citizens of the City of _Fort Worth in the Texas :,:House of Representatives; and WHEREAS, Representative Carter provides outstanding service to those citizens of Fort Worth; and WHEREAS, Representative Carter provides great accessibility to Fort Worth citizens and the staff and elected officials of the City of Fort Worth; and WHEREAS, Representative Carter provided extraordinary support to the legislative goals of the City of Fort Worth in the 71st Legislative Session, by promoting awareness of the issues in regular meetings of the Tarrant County Legislative Delegation meetings which he chaired, and by sponsoring or introducing several crime -fighting measures, especially the Crime Control & Prevention District Act; NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL of the CITY OF FORT WORTH that State Representative Bill G.'Carter is greatly appreciated for his outstanding service to Fort Worth and the State of Texas. Introddeedd a Mayor Pro tempore Gilley introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member Murrin. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: Minutes of City Council M-3 Page 299 300 Resolution No. 1443 TUESDAY, JULY 25, 1989 AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Member Chappell The resolution, as adopted, is as follows: RESOLUTION NO. 1443 COMMENDING THE SERVICE OF THE HONORABLE CAROLYN PARK TEXAS HOUSE OF REPRESENTATIVES - DISTRICT 92 WHEREAS, the Honorable Carolyn Park represents citizens of the City of Fort Worth in the Texas House of Representatives; and WHEREAS, Representative Park provides outstanding service to those citizens of Fort Worth; and WHEREAS, Representative Park provides great accessibility to Fort Worth citizens and the staff and elected officials of the City of Fort Worth; and WHEREAS, Representative Park provided support to the legislative goals of the City of Fort Worth in the 71st Legislative Session; NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL of the CITY OF FORT WORTH that State Representative Carolyn Park is greatly appreciated for her outstanding service to Fort Worth and the State of Texas. Introduced a Mayor Pro tempore Gilley introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member Murrin. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Member Chappell The resolution, as adopted, is as follows: Resolution No. II RESOLUTION NO. 1444 1444 COMMENDING THE SERVICE OF THE HONORABLE CHRIS HARRIS TEXAS HOUSE OF REPRESENTATIVES - DISTRICT 93 WHEREAS, the Honorable Chris Harris has provided great accessibility to the staff and elected officials of the City of Fort Worth; and WHEREAS, Representative Harris provided continuing support to the legislative goals of the City of Fort Worth; and WHEREAS, Representative Harris provided leadership in the 71st Legislative Session through introduction of legislation to further enhance the vitality of Dallas/Fort Worth International Ai rport; NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL of the CITY OF FORT WORTH that State Representative Chris Harris is greatly appreciated for his outstanding service to Fort Worth and the State of Texas. Introduced a Mayor Pro tempore Gilley introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member Murrin. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Member Chappell The resolution, as adopted, is as follows: Minutes of City Council M-3 Page 300 301 TUESDAY, JULY 25, 1989 Resolution No. RESOLUTION NO. 1445 1445 COMMENDING THE SERVICE OF THE HONORABLE KENT GRUSENDORF TEXAS HOUSE OF REPRESENTATIVES - DISTRICT 94 WHEREAS, the Honorable Kent Grusendorf represents many citizens of the City of Fort Worth in the Texas -House of Representatives; and WHEREAS, Representative Grusendorf provides Outstanding service to those citizens of Fort Worth; and WHEREAS, Representative Grusendorf provides great accessibility to Fort Worth citizens and the staff and elected officials of the City of Fort Worth; and WHEREAS, Representative Grusendorf provided support to the legislative goals, of the City of Fort Worth in the 71st Legislative Session; NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL of the CITY OF FORT WORTH that State Representative Kent Grusendorf is greatly appreciated for his outstanding service to Fort Worth and the State of Texas. Introduced a Mayor Pro tempore Gilley introduced a resolution and made a motion that it be Resoltuion adopted. The motion was seconded by Council Member Murrin. The motion, carrying with it the adoption of said resolution, prevailed by the following votei AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council'Members Zapata, Garrison, Granger, McCray, Murrin,-and Webber NOES: None ABSENT: Council Member Chappell The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1446 1446 COMMENDING THE SERVICE OF THE HONORABLE GARFIELD W. THOMPSON TEXAS HOUSE OF REPRESENTATIVES - DISTRICT 95 WHEREAS, the Honorable Garfield W. Thompson``, represents many citizens of the City of Fort Worth in the Texas, House of Representatives; and WHEREAS, Representative Thompson provides outstanding service to those citizens of Fort Worth; and WHEREAS, Representative Thompson provides great accessibility to Fort Worth citizens and the staff and elected officials of the City of Fort Worth; and WHEREAS, Representative Thompson provided support to the legislative goals of the City of Fort Worth in the 71st Legislative Session; NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL of the CITY OF FORT WORTH that State Representative Garfield W. Thompson is greatly appreciated for his outstanding service to -Fort Worth and the State of Texas. Introduced a Mayor Pro tempore Gilley introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member Murrin. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council, Members Zapata, Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Member Chappell The resolution, as adopted, is as follows Resolution No. RESOLUTION NO. 1447 1447 COMMENDING THE SERVICE OF THE HONORABLE KENNETH "KIM" BRIMER TEXAS HOUSE OF REPRESENTATIVES - DISTRICT 96 WHEREAS, the Honorable Kenneth "Kim" Brimer represents many citizens of the City of Fort Worth in the Texas House of Representatives; and Minutes of City Council M-3 Page 301 302 TUESDAY, JULY 25, 1989 Resolution No. WHEREAS, Representative Brimer provides outstanding 1447 cont. 11 service to those citizens of Fort Worth; and WHEREAS, Representative Brimer provides great accessibility to Fort Worth citizens and the staff and elected officials of the City of Fort Worth; and WHEREAS, Representative Brimer provided extraordinary support to the legislative goals of the City of Fort Worth, by introducing three bills reflecting those goals in the regular session of the 71st Legislature (allowing police shift differential pay, enhancing the penalty for theft of firearms and possession of stolen firearms, and establishing rules for sand and gravel sites; NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL of the CITY OF FORT WORTH that State Representative Kenneth "Kim" Brimer is greatly appreciated for his outstanding service to Fort Worth and the State of Texas. Introduced a Mayor Pro tempore Gilley introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member Murrin. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Member Chappell The resolution, as adopted, is as follows: Resolution No.II RESOLUTION NO. 1448 1448 COMMENDING THE SERVICE OF THE HONORABLE ANNA MOWERY TEXAS HOUSE OF REPRESENTATIVES - DISTRICT 97 WHEREAS, the Honorable Anna Mowery represents many citizens of the City of Fort Worth in the Texas House of Representatives; and WHEREAS, Representative Mowery provides outstanding service to those citizens of Fort Worth; and WHEREAS, Representative Mowery provides great accessibility to Fort Worth citizens and the staff and elected officials of the City of Fort Worth; and WHEREAS, Representative Mowery provided support to the legislative goals of the City of Fort Worth in the 71st Legislative Session, both in general and by introducing a bill to enhance operations of Tarrant County Water Control and Improvement District No. 1; NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL of the CITY OF FORT WORTH that State Representative Anna Mowery is greatly appreciated for her outstanding service to Fort Worth and the State of Texas. r. Bob Terrell Mr. Bob Terrell, Assistant City Manager, appeared before the City Council and e Mr. Don New- explained to the City Council why Mr. Don Newberry was being appointed as a temporary erry appointment hearing officer and that due to the restructuring of this office a permanent hearing officer would be appointed once restructuring occurs. omi nated Mr. Don Mayor Pro tempore Gilley nominated Mr. Don Newberry to serve as a temporary e wberry as a tem- hearing officer and made a motion, seconded by Council Member Zapata, that Mr. Newberry orary hearing be appointed to serve as temporary hearing officer and, when the motion was put to a fficer vote by the Mayor, it prevailed unanimously. .P. 138 re There was presented C.P. 138 from the City Manager, as follows: odification of egulations Con- SUBJECT: Modification of Regulations Concerning erning Carports Carports/Moratoriums on Prosecution of Violators & Issuance of Citations proposed by Council Member Murrin It is proposed that City Council adopt the attached ordinance amending Ordinance No. 10247 so as to: (a) extend the present moratorium on the prosecution of citations issued before January 10, 1989, for violations of front yard setback requirements by nonconforming carports; and (b) extend the present moratorium on the issuance of citations for nonconforming carports constructed before January 10, 1989. Minutes of City Council M-3 Page 302 303 TUESDAY, JULY 25, 1989 C.P. 138 cont. Such moratoriums shall be extended until midnight, December 31, Modification of 1989, unless sooner repealed by the City Council. Regulations Concern- ing oncerning Carports Background Several areas exist in Fort Worth where carports have been added to the front of single family residences with attached garages. Many of these carports violate the front yard setback requirements of the zoning ordinance and special building lines established on subdivision plats. Examples of such carports are those at the residences at 5428, 5432 and 5433 Durham Avenue. On Janua-ry 10, 1989, the City Council approved Policy Proposal 136 which asked the Zoning Commission to study the problem and, if appropriate, develop amendments to setback regulations to permit any such existing carports to continue and to permit new carports of this type to be built. On January 31, 1989, City Council adopted Ordinance No. 10247, which imposed moratoriums to stay the prosecution of existing citations against the owners of such carports and to require that no new citations be issued for carports constructed before January 10, 1989. A Zoning Commission subcommittee has studied the matter and by a letter dated May 22, 1989, the Chairman of the Zoning Commission reported to the City Council. The City Council has also a City Council Carport Committee which has had several meetings concerning this matter. The committee needs additional time to complete its work and to make recommendations to the Council. Legality . The City Attorney has reviewed the above proposal and there are no known legal impediments. Fiscal Note None. City Manager's Comments The City Manager has no objections to this Proposal. Introduced an Council Member Murrin introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council; Members Zapata, Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Member Chappell The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10343 10343 AN ORDINANCE AMENDING ORDINANCE NO. 10247 TO PROHIBIT THE ISSUANCE OF CITATIONS AND PROSECUTION OF COMPLAINTS FOR VIOLATIONS OF FRONT YARD SETBACK REQUIREMENTS BY CERTAIN CARPORTS IN THE CITY OF FORT WORTH, WHICH PROHIBITION SHALL REMAIN IN EFFECT UNTIL MIDNIGHT ON DECEMBER 31, 1989, UNLESS SOONER REPEALED BY THE CITY COUNCIL, THE PURPOSE OF SUCH PROHIBITION BEING TO PRESERVE THE STATUS QUO PENDING CONSIDERATION BY THE CITY COUNCIL OF POSSIBLE REVISIONS TO THE ORDINANCES AND REGULATIONS PERTAINING TO SUCH CARPORTS; PROVIDING FOR A METHOD OF REPEAL OF THIS ORDINANCE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth regulates the location and construction of carports and other buildings under its Comprehensive Zoning Ordinance (Ordinance No. 3011, as amended) and other city ordinances and regulations; and WHEREAS, there are several areas in the City of Fort Worth where carports have been added to the front of residences with attached garages; and WHEREAS, some of such carports violate the front setback requirements of the Comprehensive Zoning Ordinance and special building lines established on subdivision plats; and Minutes of City Council M-3 Page 303 TUESDAY, JULY 25, 1989 Ordinance No. WHEREAS, on January 10, 1989, the City Council adopted 10343 cont. Council Policy Proposal 136 which requests that the Zoning Commission make a study of front yard setback requirements for carports added to residences with attached garages and recommend amendments to permit such carports (hereinafter called "nonconforming carports") to extend into front yards yet establish standards to protect the public health and general welfare, and encourage the appropriate use of land; and WHEREAS, on January 31, 1989, City Council adopted Ordinance No. 10247 which provides that a moratorium shall be imposed on the prosecution of citations issued before January 10, 1989 for violations of front yard setbacks be nonconforming carports and that a moratorium shall be imposed on the issuance of citations for violations of front yard setbacks by nonconforming carports constructed before January 10, 1989; and WHEREAS, it is necessary to extend such moratoriums until midnight on December 31, 1989 so that the City Council may consider possible revisions to the ordinances and regulations pertaining to such carports; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That pursuant to the valid exercise of the police power granted to the City, Ordinance No. 10247 is hereby amended and the following acts are hereby prohibited in the City of Fort Worth during the period from the effective date of this ordinance until midnight on December 31, 1989 or until this ordinance is repealed, whichever occurs first; (a) the prosecution of citations issued or complaints filed before January 10, 1989, for violations of front yard setback requirements by carports added to residences with attached garages; (b) the issuance of citations or the filing or prosecution of complaints for violations of front yard setback requirements by carports added to residences with attached garages where such carports were constructed before January 10, 1989. (c) the issuance of citations or the filing or prosecution of complaints for other violations by carports added to the front of residences with attached garages where such carports were constructed before January 10, 1989. That the purpose of this prohibition is to maintain the status quo concerning such nonconforming carports until proposed amendments to front yard setback requirements for carports can be considered by the City Council. SECTION 2. That all of the declarations and findings contained in the preamble of this ordinance are made a part hereof and shall be fully effective as part of the ordained subject matter of this ordinance. SECTION 3. That this ordinance shall be in full force and effect until such time as the City Council adopts an ordinance repealing same or until midnight on December 31, 1989, whichever occurs first. SECTION 4. That this ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event, such conflicting provisions of such ordinances and Code are hereby suspended for the period during which this ordinance is in effect. SECTION 5. That it is hereby declared to be the intention 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 Minutes of City Council M-3 Page 304 TUESDAY, JULY 25, 1989 rdinance No. declared void, ineffective or unconstitutional by the valid 0343 cont. judgment or final decree of a court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality 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 herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. ntroduced a esolution esolution No. 449 pproved Liability onds SECTION 6. That this ordinance shall be in full force and effect from and after its passage, and it is so ordained. SECTION 7. That the City Secretary shall send copies of this ordinance to the Chief Judge of the Municipal Court, City Attorney and Director of the Department of Development of the City of Fort Worth. Council Member Zapata introduced a resolution and made a motion that it be adopted. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Member Chappell The resolution, as adopted, is as follows: RESOLUTION NO. 1449 WHEREAS, the Dallas -Fort Worth International Airport Board has recommended that the City of Fort Worth approve the budget for this fiscal year commencing October 1, 1989 and appropriate the monies in the amounts and for the purposes set forth in the Budget; and, WHEREAS, the requirements are considered to be sufficient to maintain and operate the Airport and meet the debt service requirements on all outstanding bonds; and, WHEREAS, it is anticipated that no City tax revenues will be required for these purposes in the coming years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, that the operating budget of the Dallas -Fort Worth International Airport Board for the fiscal year beginning October 1, 1989, and ending September 30, 1990, is hereby approved. BE IT FURTHER RESOLVED, that this resolutionshall take effect immediately upon its passage. It was the consensus of the City Council that the following bonds be approved: ITINERANT VENDORS BONDS INSURANCE COMPANY Beverly Jackson Universal Surety of America Sang Ik Lee Western Surety Company orrespondence and/ It was the consensus of the City Council that correspondence and/or notices r Notices of claim of claims regarding alleged damages and/or injuries be referred to the Risk Management Department, as follows: eci 1 Krueger 1. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: .Nature of Incident: .D. Wyrick 2. Claimant: Date Received: Date of Incident: Location of Incident: .Cecil Krueger July 18, 1989 May 1989 City Auto Pound Undeclared Claimant alleges damages to his trailer top while in the City Auto Pound. W. D. Wyrick .July 17, 1989 May 12, 1989 5709 Geddes Minutes of City Council M-3 Page 305 306 W.D. Wyrick claim cont. Christina E. Fusc Dannie Edward Caudill Nolin W. Ragsdale and Sammye Rags- dale Leslie Grieger and Ronda Grieger Betty L. Garland Robert Stanley Keaton Eunice E. Walker TUESDAY, JULY 25, 1989 Estimate of Damages/ Injuries: , Nature of Incident: 3. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 4. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident:. t 5. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 6. Claimant: Date Received: Date of Incident: Attorney:. Location of Incident: Estimate of Damages/ Injuries: Nature of Incident:. 7. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 8. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 9. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Undeclared Claimant alleges damages and injuries as the result of actions taken by Fort Worth Police Personnel. Christina E. Fusco July 17, 1989 June 20, 1989 2417 Clinton Avenue $436.99 — $372.00 Claimant alleges damages to her property as the result of actions taken by Police Department Personnel. Dannie Edward Caudill July 14, 1989 June 16, 1989 1301 East North Side Drive (City Compound) Undeclared Claimant alleges injuries as the result of being hit by truck. Nolin W. Ragsdale and Sammye Ragsdale July 13, 1989 Undeclared Henrietta Creek northeast of Alliance Airport $6,550,000.00 Claimants allege damages to its property resulting from alteration in the topographical features of the land within the Alliance Airport and the diversion of waters into the Henrietta Creek watershed. Leslie Grieger and Ronda Grieger July 13, 1989 May 16, 1989 Bob Bowland 1900 Block S.W. Loop 820 $50,000.00 Claimants allege damages and injuries as the result of an accident casued by improper marking of roadway. Betty L. Garland July 13, 1989 June 21, 1989 2900 Mitchell Undeclared Claimant alleges damages to her automobile while at the Fort Worth City Pound. Robert Stanley Keaton July 13, 1989 June 9, 1989 2100 Maddox Undeclared Claimant alleges damages to his automobile as the result of an accident involving a City -owned vehicle. (police) Eunice E. Walker July 13, 1989 June 14, 1989 3708 N. Crump $625.00 Minutes of City Council M-3 Page 306 307 TUESDAY, JULY 25, 1989 tunice L. WalKer 12. Claimant: Frances L. Rogers claim cont. Nature of Incident: Claimant alleges damages to her Date of Incident: property as a result of a sewer Location of Incident: backup. Georgia Lee Bradfor 10. Claimant: Georgia Lee Bradford Date Received: July 13, 1989 Date of Incident: June 13, 1989 Location of Incident: 1219 N. Riverside Drive Garage Estimate of Damages/ result of a fall. Robin Lee Turner Injuries: $490.00 Nature of Incident: Claimant alleges damages to her Date of Incident: property as the result of a sewer Location of Incident: backup. Richard Thomas Voss 11. Claimant: Richard Thomas Voss Date Received: July 14, 1989 Date of Incident: November 25, 1988 Location of Incident: Lots 1OR and 11R Block C Aspen Woods Addition Estimate of Damages/ accident involving a City -owned Injuries: $108.92 John N. Simpson Nature of Incident: Claimant alleges damages to his Date Received: property as the result of actions ,Date of Incident: taken by Fort Worth Police Location of Incident:, Department. Frances L. Rogers 12. Claimant: Frances L. Rogers Date Received: July 14, 1989 Date of Incident: May 19, 1989 Location of Incident: Roadway at Ft. Worth Zoo between restaurant and sno-cone stand Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges injuries as the result of a fall. Robin Lee Turner 13. Claimant: Robin Lee Turner Date Received: July 14, 1989 Date of Incident: May 22, 1989 Location of Incident: At intersection of Summit and Interstate 30 Estimate of Damages/ Injuries: $997.52 Nature of Incident: Claimant alleges damages to her automobile as the result of an accident involving a City -owned vehicle (truck). John N. Simpson 14. Claimant: John N. Simpson Date Received: July 14, 1989 ,Date of Incident: Discovered -June 10, 1989 Location of Incident:, 4904 Littlepage Estimate of Damages/ Injuries: $1,940.00 - $2,020.00 Nature of Incident: Claimant alleges damages to his property as the result of a sewer backup. John and Muriel 15. Claimant: John and Muriel Davis Davis Date Received: July 14, 1989 Date of Incident: May of 1989 Attorney: Gregory W. Canfield Location of Incident: Springlake Mobile Home Park, 164 E. Hurst Blvd. Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimants allege damages to their property resulting from floodwater of Valley View Creek. Phillip Winston 16., Claimant: Phillip Winston McCubbins McCubbi ns Date Received: July 18, 1989 Date of Incident: May 16 and May 17, 1989 Location of Incident: 1520 Thomas Place Estimate of Damages/ Injuries: ., 1 $340.15 Nature of Incident: Claimant alleges damages to his property as the result of a sewer backup. Elvin R. Hamilton 17. Claimant: Elvin R. Hamilton Date Received: July 18, 1989 Date of Incident: June 15, 1989 Location of Incident: 1420 Washington Minutes of City Council M-3 Page 307 MM1 1 lvin R. Hamilton laim cont. assham Office upply (John F. assham, Jr.) ndrew B. McLean ohn Knox Walker II inda Thomson atterson arold W. Carminat tephanie Dean orrespondence fro ody Hallum re xpansion of the unway at Dallas- ort Worth Airport orrespondence fro r. & Mrs. Robert ennedty re suppor f smoking in ublic places TUESDAY, JULY 25, 1989 22. Claimant: Harold W. Carminati Date Received: July 18, 1989 Date of Incident: June 25, 1989 Location of Incident: 3360 College Avenue Estimate of Damages/ Injuries: $850.00 Nature of Incident: Claimant alleges damages to his property as the result of City crewmen repairing a sewer line. 23. Claimant: Stephanie Dean Date Received: July 18, 1989 Date of Incident: May 16, 1989 Attorney: Charles M. Noteboom, P.C. (Christopher J. Kubin) Location of Incident: 3900 Western Center Boulevard Estimate of Damages/ Injuries: Undetermined Nature of Incident: Claimant alleges damages to her automobile as the result of hitting a loose manhole cover. There was presented correspondence from Jody Hallum, 900 Elmwood Court, Euless, Texas, expressing opposition to the expansion of the proposed west landing runway at Dallas -Fort Worth International Airport. It was the consensus of the City Council that the correspondence be referred to the Office of the City Manager. Attention of the City Council was called to correspondence from Mr. and Mrs. Robert Kennedy expressing support in the restriction of smoking in public places in the City of Fort Worth. Minutes of City Council M-3 Page 308 Estimate of Damages/ Injuries: $51.50 Nature of Incident: Claimant alleges damages to his property as the result of a sewer backup. 18. Claimant: Bassham Office Supply (John F. Bassham, Jr.) Date Received: July 18, 1989 Date of Incident: June 22, 1989 Location of Incident:' 1216 Everman Parkway Estimate of Damages/ Injuries: $251.90 Nature of Incident: Claimant alleges damages to its property as the result of a rock being thrown from a mower in median. 19. Claimant: Andrew B. McLean Date Received: July 18, 1989 Date of Incident: Undeclared Location of Incident: Between N. Main and Ellis on 23rd St. Estimate of Damages/ Injuries: $202.39 Nature of Incident: Claimant alleges injuries as the result of stepping in an uncovered water meter box. 20. Claimant: John Knox Walker III Date Received: July 18, 1989 Date of Incident: May 3, 1989 Location of Incident: 2215 Wilshire Boulevard Estimate of Damages/ . Injuries: $3,500.00 Nature of Incident: Claimant alleges damages to his property as the result of a sewer backup. 21., Claimant: Linda Thomson Patterson Date Received: July 19, 1989 Date of Incident: Undeclared Location of Incident: Space 214 (Municipal Parking Garage) Estimate of Damages/ Injuries: $317.84 - $499.68 Nature of Incident: Claimant alleges damages to her automobile as the result of an accident. . 22. Claimant: Harold W. Carminati Date Received: July 18, 1989 Date of Incident: June 25, 1989 Location of Incident: 3360 College Avenue Estimate of Damages/ Injuries: $850.00 Nature of Incident: Claimant alleges damages to his property as the result of City crewmen repairing a sewer line. 23. Claimant: Stephanie Dean Date Received: July 18, 1989 Date of Incident: May 16, 1989 Attorney: Charles M. Noteboom, P.C. (Christopher J. Kubin) Location of Incident: 3900 Western Center Boulevard Estimate of Damages/ Injuries: Undetermined Nature of Incident: Claimant alleges damages to her automobile as the result of hitting a loose manhole cover. There was presented correspondence from Jody Hallum, 900 Elmwood Court, Euless, Texas, expressing opposition to the expansion of the proposed west landing runway at Dallas -Fort Worth International Airport. It was the consensus of the City Council that the correspondence be referred to the Office of the City Manager. Attention of the City Council was called to correspondence from Mr. and Mrs. Robert Kennedy expressing support in the restriction of smoking in public places in the City of Fort Worth. Minutes of City Council M-3 Page 308 M TUESDAY, JULY 25, 1989 ABSENT: Council Member Chappell Minutes of City Council M-3 Page 309 from There was presented correspondence from Mrs. Helene Q. and Royal G. Koch, rs.orrespondence 0. rs. Helene 0. & oyal G. Koch re 5352Quail Run, expressing appreciation to the City Council and Fort Worth Water eplacement of the Department for the replacement of the water main on Quail Run. It was the consensus of the City Council that the correspondence be referred to the Office of the City Manager. a ter main on Quail un G-8129 There was presented Mayor and Council Communication No. G-8129, dated ime&C re to the July 18, 1989, from the City Manager stating that the Development Policy Advisory Ian Commission ission -: Committee formed the Traffic Impact Study Subcommittee to review the policy for traffic ions and Regula- impact studies as required in the Plan Commission Rules and Regulations in 1986; that, in January 1988, the Subcommittee published a report recommending a revised set of ions encompassing he traffic impact traffic impact study guidelines and an improved review and approval process; that the nview approval Development Policy Advisory Committee fully supported the recommendation made by for Traffic Impact Study Subcommittee and recommended the revised guidelines and improved recess cont. process be implemented during their February 11 1988 meeting' that subsequently, a ne week. proposed amendment to the Plan Commission Rules and Regulations was sent out to the development industry, and comments were received and considered; and recommending that the City Council adopt the amendment to the Plan Commission Rules and Regulations encompassing the traffic impact review approval process as recommended by the City Plan Commission on January 25, 1989. Mayor Pro tempore Gilley made a motion, seconded by Council Member Murrin, that consideration of Mayor and Council Communication No. G-8129 be continued for one week. When the motion was put to a vote' by the Mayor, it prevailed unanimously. &C G-8130 re pproved payment There was presented Mayor and Council Communication No.''G-8130 from the City o Ken Moore Enter- Manager stating that this marks the fourth consecutive year the City has funded a rises for meals two-day Secretarial /Support Staff Conference held during National Secretaries Week; nd breaks provided that the conference was held at Will Rogers Complex with Ken Moore' Enterprises as the or 405 partici pant immediate service provider; that it was estimated that the two day conference would uring the 1989 cost no more than $5,000.00 including lunches as well as foods and drinks for morning ecretarial/Support and afternoon breaks; that, however, adjustments made after the conference began put taff Conference the total slightly above $5,000.00; that, by utilizing a City facility, the conference or the Personnel cost less than last year and was considerably under the amount budgeted for this year; epar tment stating that funds are available in General Fund 01, Account No. 14-10-00, Index Code 223511; and recommending that City Council approve payment of $5,165.00 to Ken Moore Enterprises for meals and breaks provided for 405 participants during the two-day 1989 Secretarial/Support Staff Conference for the Personnel Department. It was the consensus of the City Council that the recommendation be adopted. &C G-8131 re There was presented Mayor and Council Communication No.':. G-8131 from the City authorized i nstal l a Manager stating that the City of Fort Worth conducted a traffic signal warrant study ion of a traffic during the month of August 1988 at the diamond interchange of State Highway 360 and ignal at the Trinity Boulevard; that results of the study indicated the traffic signals were 'ntersection of warranted based on the Manual of Uniform Traffic Control Devices warrants for Minimum tate Highway 360 Vehicular Volume, Combination of Warrants, and all four State Department of Highways nd Trinity Blvd. and Public Transportation warrants for traffic actuated signals; that, at the present time, the State Department of Highways and Public Transportation has such a large backlog of signal installations, they will not be able to install signals at this location until approximately one year from now; that Mr. Tom Hudak of Centerport Development, Inc., and Mr. Joe Kitching of American Airlines have requested that, in the interest of traffic safety, the City assist in signalizing this: location as soon as possible; that a temporary installation will serve until the State can provide a permanent installation in about one year; that the State has agreed to provide a signal controller and cabinet, and the City will provide work crews, poles, signal heads, cable and wire, etc.; and recommending that the installation of a traffic signal at the intersection of State Highway 360 and Trinity Boulevard be approved and that a bond fund transfer in the amount of $20,000.00 be authorized from 89-031901-00, Unspecified Traffic Signals, to 89-031080-00, S.H. 360 and Trinity Boulevard, to provide funds for construction. It was the consensus of the City Council that the recommendation be adopted. &C G-8132 re There was presented Mayor and Council Communication No. G-8132 from the City increased compe nsa- Manager stating that Fort Worth voters approved an amendment to Chapter III, Section 3 ion of City Council of the Charter of the City of Fort Worth, Texas on May 6, 1989, increasing compensation embers pay of City Council members from $10..0 per Counc1'7member per regular meeting to $75.00 per Council member per regular meeting, but not to exceed $3,900.00 per annum, commencing with the term of office which began in May 1989; that it was not possible to include in the budget any funds for increased compensation because the exact amount to be proposed to the voters had not been determined; and recommending that City Council adopt a supplemental appropriations ordinance increasing appropriations in the amount of $12,150.00 in General Fund 01, Mayor and Council Account No. 01-00-00-00 from Unreserved, Undesignated Fund Balance of General Fund 01. It was the consensus of the City Council that the recommendation be adopted. Introduced an Council Member Murrin introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Member Chappell Minutes of City Council M-3 Page 309 310 TUESDAY, JULY 25, 1989 The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10344 10344 AN ORDINANCE APPROPRIATING $12,150.00 TO THE GENERAL FUND 01, MAYOR AND COUNCIL, ACCOUNT NO. 01-00-00, AND DECREASING THE UNRESERVED, UNDESIGNATED FUND BALANCE OF THE GENERAL FUND 01 BY THE SAME AMOUNT FOR PAYMENT OF THE INCREASED COMPENSATION OF CITY COUNCIL MEMBERS FROM $10.00 PER COUNCIL MEMBER PER REGULAR MEETING TO $75.00 PER COUNCIL MEMBER PER REGULAR MEETING, BUT NOT TO EXCEED $3,900.00 PER COUNCIL MEMBER PER ANNUM, COMMENCING WITH THE TERM OF OFFICE WHICH BEGAN IN MAY 1989; 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. Minutes of City Council M-3 Page 310 This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C G-8133 re There was presented Mayor and Council Communication No. G-8133 from the City payment of interes Manager, as follows:, on a Lost DFW Airport Joint SUBJECT: RESOLUTION AUTHORIZING PAYMENT OF INTEREST ON A LOST DFW Revenue Bond AIRPORT JOINT REVENUE BOND COUPON Coupon to James DiMare RECOMMENDATION: It is recommended that the City Council adopt the attached resolution authorizing the paying agents to pay to James DiMare interest due on a lost DFW Regional Airport Joint Revenue Bond Coupon. DISCUSSION: On or about January 9, 1989, James DiMare, held Coupon No. 40, Bond No. 21855, Dallas -Fort Worth Regional. Airport Joint Revenue Bond, Series 1972, due May 1, 1992, in the amount of $156.25, at his premises located at 2205 N.W. 110 Avenue, Ocala, Florida, 32675. Mr. DiMare states that the coupon was detached from the bond, and a thorough search of the premises has been conducted and that the coupon cannot be found. The coupon has not matured and is unpaid, and the paying agents will decline to make the interest payment thereon when due unless authorized to do so by the City of Dallas and the City of.Fort Worth. Mr. DiMare has submitted an affidavit in due form stating that he is the party entitled to receive the 'interest payment on the coupon. He has also provided a surety bond which indemnifies the Dallas -Fort Worth International Airport Board, the City of Dallas, Texas, the City of Fort Worth, Texas, and the paying agent or agents from any and all claims, actions or suits, and any and all costs and expenses together with reasonable attorneys' fees, that may be caused by payment to him of interest on the coupon. The affidavit and indemnity bond are on file with the City Secretary. Mr. DiMare has agreed that the performance of each and every act authorized by the attached resolution and any expenditure incidental thereto shall be at no cost to the City of Fort Worth, the City of Dallas or DFW Airport and shall be his sole responsibility. It is the opinion of the Department of Law that all required conditions precedent to the passage of the resolution have been satisfied and that the indemnity bond is sufficient to indemnify the City of Fort Worth in the event the lost coupon is ever presented for payment. M&C G-8133 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. G-8133, be adopted. Introduced a Council Member Murrin introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: Minutes of City Council M-3 Page 310 TUESDAY, JULY 25, 1989 AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, and Webber, and Chappell r NOES None ABSENT:. Council Member Chappell. The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1450 1450. WHEREAS, pursuant to applicable laws, including Article 1269]-5.11 and 46d, V.A.C.S., and a certain contract and agreement dated as of April 15, 1968 (the "Contract and Agreement`'), between the Cities of Dallas and Fort Worth (the "Cities")," the City Councils, respectively, of the Cities, by an ordinance adopted concurrently on November 11, 1968 and November 12, 1968 (the "1968 Ordinance"), authorized the issuance of and sold their Dallas -Fort Worth Regional Joint Revenue Bonds, series 1968; and WHEREAS, pursuant to the rights, powers and authorities reserved to the Cities authorized the issuance of their Dallas -Fort Worth Regional Airport Joint Revenue Bonds, Series 1972, in the aggregate principal amount of $112,000,000, which bonds are dated March 1, 1972, in the denomination of $5,000 each, consisting of 22,400 bonds numbered in direct numerical order f roa;1 through .22,400 and which bonds mature and become due and payable on November 1 in the years and in the amounts specified in the concurrent bond Ordinance authorizing the issuance of.the Series 1972 bonds; and WHEREAS, such bonds bear interest evidenced by`coupons at the rate set forth in the concurrent bond ordinance authorizing issuance of the Series 1972 bonds; and WHEREAS, an interest coupon on the above-described Series 1972 bonds, to wit: Coupon No. 40, Bond No. 21855, due May 1, 1992 (the "lost coupon") has not yet matured and is unpaid; and WHEREAS, an affidavit dated May 23, 1989, in due form has been received from James DiMare, the party entitled to receive the interest payment on the lost coupon, stating that such coupon is lost, which affidavit is on file in the Office of the City Secretary; and WHEREAS, James DiMare has provided acceptable indemnity for the lost coupon to each of the Cities, the Dallas -Fort Worth International Airport Board and paying agent or agents for the Series.1972 bonds; and WHEREAS, the Cities are authorized to direct the paying agent on the 1972 bonds to make the interest payments on the lost coupon when due; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. THAT the paying agent or agents for the 1972 bonds, are hereby authorized and directed to make the interest payment of $156.25,to.James DiMare, 2205 N.W.! 110 Avenue, Ocala, Florida, 32675, on Coupon No. 40, Bond No. 21855, May 1, 1992, the date when such interest payment becomes due and payable. SECTION 2.. THAT the Dallas -Fort Worth International Airport Board and its chairman and officers, and the City Manager of the City of Fort Worth are hereby authorized and directed to make such certifications and to execute such instruments as may be necessary to accomplish the payment of interest on the lost coupon when due to James DiMare. M&C, G-8134 re There was presented Mayor and Council Communication No. G-8134 from the City increasing Manager stating that the Temporary Labor Fund was established October 1, 1987, as a Temporary labor means of providing low cost, temporary clerical support to City departments; that, services to variou because City departments are now able to obtain qualified temporaries quickly and at a City departments much lower cost, use has increased significantly; that at this time, the number of temporaries paid from temporary fund has exceeded the estimates for this year's Minutes of City Council M-3 Page 311 312 TUESDAY, JULY 25, 1989 M&C G-8134 cont. operation; and therefore, a supplemental appropriation of $303,000.00 is required; that increasing Tem- revenue is generated in the fund by charging use departments a $1.15 per hour mark-up porary labor for temporary services; and recommending that a supplemental appropriations ordinance services to be adopted increasing estimated receipts in the Temporary Labor Fund, Fund 17, Account various City No. 14-00-00, in the amount of $303,000.00 and increasing appropriations in Temporary departments Labor Fund, Fund 17, Personnel, Account No. 14-00-00, by the same amount; and that the $303,000.00 be authorized to be used to provide temporary labor services to various City departments. It was the consensus of the City Council that the recommendations be adopted. Introduced an Council Member Murrin introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Member Chappell The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10345 10345 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE TEMPORARY LABOR FUND, FUND 17, MISCELLANEOUS INCOME, ACCOUNT NO. 14-00-00 OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1989 BY $303,000 AND INCREASING APPROPRIATIONS BY SAID AMOUNT TO THE TEMPORARY LABOR FUND, FUND 17, PERSONNEL DEPARTMENT, ACCOUNT NO. 14-00-00, FOR THE PURPOSE OF PROVIDING SUPPLEMENTAL FUNDS FOR PAYMENT OF ADDITIONAL TEMPORARY LABOR SERVICES TO VARIOUS CITY DEPARTMENTS FOR THE REMAINDER OF FISCAL YEAR 1989; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C G-8135 re It was the consensus of the City Council that consideration of Mayor and appointment of Council Communication No. G-8135, Appointment of Crime Control & Prevention District Crime Control & Board Member, be continued for one week. Prevention District cont. -.forgone wk There was presented Mayor and Council Communication No. G-8136 from the City MAC G-8136 re Manager stating that the Dallas/Fort Worth International Airport Board adopted speed limits on Resolution 'No. 89-133 on June 6, 1989, amending the Airport Board Code of Rules and North 11th Avenue Regulations to reduce the posted speed limit on North 11th Avenue and West 17th Street and (lest 7th StreEt from 45 miles per hour to 30 miles per hour, such roadways being within the boundaries at D/FW Airport or the airport; that this change is necessary because of recent realignment of the streets; and recommending that an ordinance be adopted amending speed limits on North 11th Avenue and West 17th Street at D/FW Airport. On motion of Council Member Garrison, seconded.by Mayor Pro tempore Gilley, the recommendation was adopted. Introduced an Council Member Garrison introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Member Chappell The ordinance, as adopted, is as follows: Minutes of City Council M-3 Page 312 Ordinance No. 10346 TUESDAY, JULY 25, 1989 .ORDINANCE NO. 10346 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF. FORT WORTH, TEXAS APPROVING RESOLUTION NO 89-133; ADOPTED BY THE DALLAS -FORT WORTH INTERNATIONAL AIRPORT BOARD ON JUNE 6, 1989; AMENDING APPENDIX I OF THE CODE OF RULES AND REGULATIONS OF THE DALLAS -FORT WORTH INTERNATIONAL AIRPORT BOARD; AND THEREBY REDUCING THE POSTED SPEED LIMIT. ON NORTH 11TH AVENUE AND WEST 17TH STREET FROM 45 MILES PER HOUR TO 30 MILES PER HOUR, BEING ROADWAYS WITHIN THE BOUNDARIES OF THE DALLAS -FORT WORTH INTERNATIONAL AIRPORT. WHEREAS, Section 8.F. of the 1968 Contract and Agreement, as amended, between the City of Dallas, Texas and the City of Fort Worth, Texas, provides that Dallas -Fort Worth International Airport Board shall have the power, by a duly adopted order, to'adopt and enforce rules and regulations for the orderly, safe, efficient, and sanitary operation of the airport and to prescribe reasonable penalties for the breach of any rule or regulation not to exceed a Two Hundred Dollars ($200.00) fine; and WHEREAS, Article 46d-14, Revised Civil Statutesof Texas, and Section 8.F. of the 1968 Contract and Agreement, as amended, provide that such orders by the Dallas -Fort Worth International Airport Board shall become effective only upon approval of the governing bodies of the Cities of Dallas and Fort Worth,,and proper publication; and WHEREAS, pursuant to the foregoing, the Dallas -Fort Worth International Airport Board, on October 5, 1971, passed,; approved, and ordered Resolution No. 88-111, adopting the 1988 Revised Code of Rules and Regulations of the Dallas -Fort Worth International Airport Board, which regulates traffic, travel, and conduct within the Dallas -Fort Worth International Airport and establishes certain procedures for the adoption of additional rules, regulations and orders; and WHEREAS, Appendix I of the 1988 Revised Code of Rules and Regulations provides the posted speed limit on North 11th Avenue and West 17th Street at 45 miles per hour; and d; WHEREAS, recent reconfiguration of these roadways has led the Airport Board's Department of Planning and Engineering to recommend a reduction in maximum speed limits thereon to 30 miles per hour; and WHEREAS, the Airport Board approved such reduction by Resolution No. 89-133, passed and approved on June 6, 1989; Now, Therefore, i BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: SECTION 1. That all of the declarations of findings contained in the preambles of this ordinance are made a part hereof and shall' be.fully effective as a part of the ordained subject matter of this ordinance. SECTION 2. That Resolution No. 89-133 of the Dallas -Fort Worth International Airport Board, a duly certified copy of which is attached hereto as Exhibit A and made a part of this ordinance by reference, is hereby approved, amending Appendix I of the 1988 Revised Code of Rules and Regulations of the Dallas -Fort Worth International Airport Board to provide the maximum posted speed limits on North '11th Avenue and West 17th Street to be 30 miles per hour. SECTION 3. That after publication of substantive statement relating to the contents of Resolution No. 89-133 of the Dallas -Fort Worth International Airport Board in a newspaper general circulation in each of the counties of Dallas and Tarrant, stating that a breach of any provision of Resolution No. 89-133 will subject the violator to a penalty, and stating that the full text of Resolution No. 89-133 and any attachments to it are on file in the principal office of the Airport Board to be read by any interested party, Resolution No. 89-133 shall thereafter have the same force and effect within the boundaries of the Dallas -Fort Worth International Airport as an ordinance by the City Council of the City of Fort Worth would have in the City of Fort Worth, and the penalty shall be enforced in the same manner in which penalties prescribed by other ordinances of the City of Fort Worth enforced. Minutes of City Council M-3 Page 313 313 314 TUESDAY, JULY 25, 1989 Ordinance No. , ..SECTION 4. That sections, paragraphs, sentences, 10 346 clauses, and phases of this ordinance and Resolution No. 89-133 are severable, and if any phrase, clause, sentence, paragraph, or section shall be declared unconstitutional or invalid by the valid judgement or decree of any court of competent jurisdiction, the unconstitutionality or invalidity shall not effect any of the remaining phrases, clauses, sentence, paragraph, and sections of this ordinance or Resolution 89-133, since the same would have been enacted without the incorporation of any unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 5. That this ordinance shall take effect immediately from and after its passage, in accordance with the provisions of the Charter of the City of Fort Worth, and it is accordingly so ordained. M&C G-8138 re There was presented Mayor and Council Communication No. G-8138 from the City Taxicab Rules Manager recommending that an ordinance. be adopted approving Dallas/Fort Worth and Regulations International Airport Board Resolution No. 89-134, amending Section 6-2 of Chapter Four, "Taxicab Rules and Regulations", of the Airport Board's Code of Rules and Regulations. On motion of Mayor Pro tempore Gilley, seconded by Council Member Murrin, the recommendation was adopted. Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Murrin. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger; McCray, Murrin, and Webber NOES: None ABSENT:. Council Member Chappell The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10347 10347 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, APPROVING RESOLUTION NO. 89-134, ADOPTED BY THE DALLAS -FORT WORTH INTERNATIONAL AIRPORT BOARD ON JUNE 6, 1989, AMENDING SECTION 6 OF CHAPTER FOUR, "TAXICAB RULES AND REGULATIONS," OF THE CODE OF RULES AND REGULATIONS OF THE DALLAS/FORT WORTH INTERNATIONAL AIRPORT BOARD, AS AMENDED; AND THEREBY ELIMINATING THE $3.00 LATE NIGHT INCENTIVE CHARGE; ELIMINATING THE $20.00 MAXIMUM CHARGE FOR TRIPS TO AND FROM DOWNTOWN DALLAS AND D/FW AIRPORT; AMENDING THE $5.00 FLAT RATE FOR A TERMINAL TRANSFER; AND AMENDING THE $10.00 FLAT RATE FOR EACH TRIP REQUIRING A TAXICAB TO PASS THROUGH AN AIRPORT TOLL BOOTH. WHEREAS, Section 8.F. of the 1968 Contract and Agreement, as amended, between the City of Dallas, Texas, and the City of Fort Worth, Texas, provides that the Dallas/Fort Worth International Airport Board shall have the power, by a duly adopted order, to adopt and enforce rules and regulations for the orderly, safe, efficient, and sanitary operation of the Airport and to prescribe reasonable penalties for the breach of any rule or regulation, not to exceed a Two Hundred Dollars ($200.00) fine; and WHEREAS, Article 46d-14, Revised Civil Statutes of Texas, and Section B.F. of the 1968 Contract and Agreement, as amended, provide that such orders by the Dallas/Fort Worth International Airport Board shall become effective only upon approval by the governing bodies of the Cities of Dallas and Fort Worth and proper publication; and WHEREAS, pursuant to the foregoing, the Dallas/Fort Worth International Airport Board has adopted and has in effect the 1988 Revised Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board, which regulates traffic, travel, and conduct within the Dallas/Fort Worth International Airport and establishes certain procedures for the adoption of additional rules, regulations and orders; and WHEREAS, Chapter 4 of the 1988 Revised Code of Rules and Regulations prescribes the rules and regulations for operating taxicabs at the Airport, and Section 6 thereof prescribes the fares for operating taxicabs at the Airport; and WHEREAS, on June 6, 1989, the Airport Board adopted Resolution No. 89-134 amending the fares prescribed by Section 6, Minutes of City Council M-3 Page 314 315 TUESDAY, JULY 25, 1989 I Ordinance No. 1034 Chapter 4, as they relate to late night incentive charges, the cont. maximum charge for trips to and from downtown Dallas and D/FW -Airport, the rate for a terminal transfer, and the rate for each trip requiring a taxicab to pass through an Airport toll booth; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: SECTION 1. That all of the declarations of findings contained in the preambles of this ordinance are made a part hereof - and shall be fully effective as part of the ordained subject matter of this ordinance. SECTION 2. That Resolution No. 89-134 of the Dallas/Fort Worth International Airport Board, a duly certified copy of which is attached hereto as Exhibit A and made a part of this ordinance by reference, is hereby approved, amending Section 6, Chapter Four, of the 1988 Revised Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board as it relates to fares prescribed for operating taxicabs at the Dallas/Fort Worth International Airport. SECTION 3. That after publication of substantive statement relating to the contents of Resolution No. 89-134 of the Dallas/Fort Worth International Airport Board in a newspaper of general circulation in each of the counties of Dallas and Tarrant, stating that a breach of any provision of Resolution No. 89-134 will subject the violator to a penalty, and stating that the full text of Resolution No. 89-134 and any attachments to it are on file in principal office of the Airport Board to be read by any interested party, Resolution No. 89-134 shall thereafter have the same force and effect within the boundaries of the Dallas/Fort Worth International Airport as an ordinance by the City ''Council of the City of Fort Worth would have in the City of Fort Worth, and the penalty shall be enforced in the same manner in which penalties prescribed by other ordinances of the City of Fort Worth enforced in the same manner in which penalties prescribed'by other ordinances of the City of Fort Worth enforced. SECTION 4. That sections, paragraphs, sentences, clauses, and phrases of this ordinance and Resolution No. 89-134 are severable, and if any phrase, clause, sentence, paragraph, or section shall be declared unconstitutional or invalid byl the valid judgment or decree of any court of competent jurisdiction, and unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance or Resolution 89-134, since the same would have been enacted without the incorporation of any unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. That this ordinance shall take effect immediately from and after its passage, in accordance with the provisions of the Charter of the City of Fort Worth, and it is accordingly so ordained. EXHIBIT A RESOLUTION NO. 89-134 A RESOLUTION OF THE DALLAS -FORT WORTH INTERNATIONAL AIRPORT BOARD AMENDING SECTION 6 OF CHAPTER FOUR, "TAXICAB RULES AND REGULATIONS," OF THE CODE OF RULES AND REGULATIONS OF THE DALLAS -FORT WORTH INTERNATIONAL AIRPORT BOARD, AS AMENDED; ELIMINATING THE $3 LATE NIGHT INCENTIVE CHARGE; ELIMINATING THE $20 MAXIMUM CHARGE FOR TRIPS TO AND FROM DOWNTOWN DALLAS AND D/FW AIRPORT; AMENDING THE $5 FLAT RATE FOR A TERMINAD. TRANSFER; AND CODIFYING THE LAWFUL AIRPORT TOLL CHARGE; PROVIDING FOR A.FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR ANY VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE DALLAS -FORT WORTH INTERNATIONAL AIRPORT BOARD: SECTION 1. That Section 6-2 of Chapter Four, "Taxicab Rules and Regulations," of the Code of Rules and Regulations of the Dallas -Fort Worth International Airport Board, is amended to read as follows: r Minutes of City Council M-3 Page 315 316 TUESDAY, JULY 25, 1989 Ordinance No.II SECTION 6-2. COMPUTATION OF FARES 10347 cont. M&C G-8139 re certificates of obligation en- gaged the firm of McCall, Parkhurst & Horton for lega opinion and First Southwest Company to serve as finan cial advisor (1) Each taxicab shall be equipped with a taximeter. A driver, holder, or owner shall charge only a fee as computed by the taximeter unless otherwise authorized by this section. (2) A driver, holder, or owner may charge the following fares: (a) $5 or the metered rate, whichever is greater, for each terminal, transfer, which is a taxicab trip that both originates and terminates at the airport without requiring exiting form the airport toll booths; (b) $10 or the metered rate, whichever is greater, for each trip requiring a taxicab to pass through an airport toll booth; (c) a toll charge of $1 for each trip, except for terminal• transfers, requiring a taxicab to pass through an airport toll booth; and (d) a $1 charge per taxicab trip for each passenger other than the first passenger, up to a maximum extra passenger charge of $3 per trip. (3) A driver, holder, or owner shall charge the metered rate and any additional charges authorized by subsection (2) or $22, whichever amount is less, for a trip that: (a) originates at the airport and terminates at a location: (A) in the Fort Worth central business district; (B) within 1000 feet of the Fort Worth central business district boundaries; or (C) within 1000 feet of routes between the airport and the Fort Worth central business district to be designated by the administrator; or (b) originates at a location described in subsection 3(a) and terminates at the airport. (4) For the purpose of this section, Fort Worth central business district means the area bounded by Belknap Street on the north, Interstate 35 on the east, Interstate 30 on the south, and Summit Avenue on the west. SECTION 2. That a person who violates a provision of the rules and regulations contained in this Resolution is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued, or permitted, and each offense is punishable by a fine not to exceed $200.00. SECTION 3. That Chapter Four of the Code of Rules and Regulations of the Dallas -Fort Worth International Airport Board, as amended, shall remain in full force and effect, save and except as amended by this Resolution. SECTION 4. That the provisions of the rules and regulations contained in this Resolution are severable, and if any segment of this Resolution or said rules and regulations shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining segments of this Resolution or said rules and regulations, since the same would have been enacted without the incorporation in this Resolution of any such unconstitutional segment. . SECTION 5. That the Executive Director is authorized and directed to request the City Councils of the Cities of Dallas and Fort Worth to approve this Resolution by the enactment of appropriate Ordinances, and upon the final passage and publication of such Ordinances this Resolution shall take effect on the 1st day of August, 1989. There was presented Mayor and Council Communication No. G-8139 from the City Manager stating that the City Council authorized publication of "Notice of Intention to Issue Certificates of Obligation" on July 6, 1989, for the purpose of providing funds for street improvements, the acquisition of equipment, and facilities for use by a fire rescue unit at Alliance Airport; that, in accordance with the "Notice of Intention", an Minutes of City Council M-3 Page 316 M&C G-8139 cont. re certificates f obligation for legal opinion to the firm of McCall Parkhurst & Horton and First Southwes Company to servela financial advisor Introduced an Ordinance Ordinance No. 10342 v 7 TUESDAY, JULY 25, 1989 ordinance has been prepared authorizing the issuance of certificates in the amount of $10,700,000.00; and recommending that the City Council adopt the ordinance authorizing issuance of $10,700,000.00 in certificates of obligation; engage the firm of McCall, Parkhurst & Horton to issue the legal opinion on the certificates; and engage the firm of First Southwest Company to serve as financial advisor in the transaction. On motion of Council Member Garrison, seconded by Council Member Murrin, the recommendations were adopted. Council Member Garrison introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Murrin. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Member Chappell The ordinance, as adopted, is as follows: ORDINANCE NO. 10342 BY THE CITY COUNCIL OF THE CITY OF FORT WORTH. TEXAS, PROVIDING FOR THE ISSUANCE OF $10,700,000 CITY OF. FORT WORTH, TEXAS CERTIFICATES OF OBLIGATION, SERIES 1989; PROVIDING FOR THE LEVY, ASSESSMENT AND COLLECTION OF A TAX SUFFICIENT TO PAY THE INTEREST ON SAID CERTIFICATES OF OBLIGATION AND TO CREATE A SINKING FUND FOR THE REDEMPTION THEREOF AT MATURITY; PROVIDING FOR A LIMITED PLEDGE OF THE SURPLUS REVENUES OF THE CITY'S WATERWORKS AND SEWER SYSTEM; PRESCRIBING THE FORM OF SAID CERTIFICATES OF OBLIGATION; AND .ORDAINING OTHER MATTERS RELATING TO THE SUBJECT. WHEREAS, on the 6th day of July, 1989, the Ctty Council of said City passed an ordinance authorizing and directing notice of its intention to issue the Certificates of Obligation herein authorized to be issued, to be published in a newspaper as required by Section 271.049 of the Texas Local Government Code; and WHEREAS, said notice was published as required by said Section 271.049 of the Texas Local Government Code in the Fort Worth Star -Telegram on July 8, 1989 and July 15, 1989; and WHEREAS, no petition, 'signed by 5% of the''qualified electors of said City as permitted by said Section 271.049 of the Texas Government Code protesting the issuance of such Certificates of Obligation, has been filed; and WHEREAS, the Certificates of Obligation hereinafter authorized are to be issued and delivered pursuant to Subchapter C of Chapter 271 of the Texas Local Government Code; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Section 1. AUTHORIZATION OF CERTIFICATES OF OBLIGATION. That the Certificates of Obligation to be issued by the City of Fort Worth (the "City". or the "Issuer"), designated the "City of Fort Worth; Texas Certificates of Obligation, Series 1989", are hereby authorized to be issued and delivered in the principal amount of $10,700,000 for the purpose of providing part of the funds for paying contractual. obligations to be incurred°, for street improvements, the acquisition of equipment and facilities for use by a fire rescue unit at Alliance Airport, and the payment of the engineering, legal and fiscal services related thereto. Section 2. DATE, DENOMINATIONSi NUMBERS AND MATURITIES. That said Certificates of.Obligation shall initially be issued, sold and delivered hereunder as fully registered certificates, without interest coupons, dated August 1, 1989, in the respective denominations and principal. amounts hereinafter stated, numbered consecutively from One (1) upward, payable to the respective initial registered owners thereof (as designated in Section 13 hereof), or to the registered assignee or assignees of said certificates or any portion or portions thereof (in each case, the "Registered Owner"), and said certificates shall mature and be payable on March l intheyears and amounts as set forth below, to -wit: Minutes of City Council M-3 Page 317 318 TUESDAY, JULY 25, 1989 Ordinance No. YEAR 'PRINCIPAL AMOUNT YEAR PRINCIPAL AMOUNT 10342 cont. =9 $300,000 TOOT $60T,000 redemption 1992 300,000 2002 600,000 1993 300,000 2003 700,000 2001, 1994 300,000 2004 700,000 maturities 1995 400,000 2005 800,000 8.50% 1996 400,000 2006 800,000 1994, 1997 400,000 2007 900,000 maturities 1998 400,000 2008 900,000 6.75% 1999 500,000 2009 900,000 2006, 2000 500,000 1997, 8.50% The term "Certificates" as used in this Ordinance shall mean and include collectively the Certificates of Obligation initially issued and delivered pursuant to this Ordinance and all substitute Certificates of Obligation exchanged therefor, as well as all other substitute Certificates of Obligation and replacement Certificates of Obligation issued pursuant hereto, and the term "Certificate" shall mean any of the Certificates. Section 3. REDEMPTION. (a) That said Certificates of Obligation maturing on and after March 1, 2001 shall be subject to optional redemption prior to their scheduled maturities, in whole or in part,'on March 1, 2000, and on any date thereafter, at a redemption price of par plus accrued interest to the date fixed for redemption. If less than all of the Certificates of Obligation are to be redeemed by the City, the City shall determine the maturity or maturities and the amounts there of to be redeemed and shall direct the Paying Agent/Registrar (hereinafter defined) to call by log Certificates of Obligation, or portions thereof, within such maturity or maturities and in such principal amounts, for redemption. (b) Prior to the date fixed for any such redemption, the City shall cause (i) a written notice of such redemption to be deposited in the United States mail, postage prepaid, addressed to each registered owner at his address shown on the Registration Books (hereinafter defined) of the Paying Agent/Registrar and (ii) notice of such redemption to be published one (1) time in a financial journal or publication of general circulation in the United States of America carrying as a regular feature notices of municipal bonds called for redemption on or before the dates provided for in Section 6 of this Ordinance; provided, however, that the failure to send, mail, or receive such notice described in (i) above, or any defect.therein or in the sending or mailing thereof, shall not affect the -validity or effectiveness of the proceedings for the redemption of any Bond, and it is hereby specifically provided that the publication of notice described in (ii) above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Bonds. By the date fixed for any such redemption, due provision shall be made with the Paying Agent/Registrar for the payment of the principal amount of the Certificates to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If the notice of redemption is given, and if due provision for such payment is made, all as provided above, the Certificates which are to be so redeemed thereby automatically shall be redeemed prior to maturity, and they shall not bear interest after the date fixed for redemption, and shall not be regarded as being outstanding except for the purpose of receiving the funds so provided for such payment. Said interest shall be payable in the manner provided and on the dates stated in the FORM OF CERTIFICATE set forth in this Ordinance. Section 5. CHARACTERISTICS OF THE CERTIFICATES. Re istration, Transfer, Conversion and Exchange; Authentication. a That the Issuer shall keep or cause to be kept at the Minutes of City Council M-3 Page 318 Section 4. INTEREST. That the Certificates shall bear interest from the date specified in the FORM OF CERTIFICATE set forth in this Ordinance to their respective dates of maturity or redemption prior to maturity at the following rates per annum: maturities 1991, 8.50% maturities 2001, 6.75% maturities 1992, 8.50% maturities 2002, 6.75% maturities 1993, 8.50% maturities 2003, 6.75% maturities 1994, 8.50% maturities 2004, 6.75% maturities 1995, 8.50% maturities 2005, 6.75% maturities 1996, 8.50% maturities 2006, 6.75% maturities 1997, 8.50% maturities 2007, 6.50% maturities 1998, 8.20% maturities 2008, 6.50% maturities 1999, 6.60% maturities 2009, 6.50% maturities 2000, 6.70% Said interest shall be payable in the manner provided and on the dates stated in the FORM OF CERTIFICATE set forth in this Ordinance. Section 5. CHARACTERISTICS OF THE CERTIFICATES. Re istration, Transfer, Conversion and Exchange; Authentication. a That the Issuer shall keep or cause to be kept at the Minutes of City Council M-3 Page 318 319 TUESDAY, JULY 25, 1989 rdinance No, principal corporate trust office of MTrust Corp,'National 0 342 cont. Association, Fort Worth, Texas (the "Paying Agent/Registrar") books or records for the registration of the transfer, conversion and exchange of the Certificates (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such registrations of transfers, conversions and exchanges under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such registrations, transfers, conversions and exchanges as herein provided. The City Manager or the designee thereofis hereby authorized to execute a "Paying Agent/Registrar Agreement" in such form as ­is approved by the City Attorney. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Certificate to which payments with respect to the Certificates shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The Issuer 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. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such registration, transfer, conversion, exchange and delivery of a substitute Certificate or Certificates. Registration of assignments, transfers, conversions and exchanges of Certificates shall be made in the manner provided and with the effect stated in the FORM OF CERTIFICATE set forth in this Ordinance. Each substitute Certificate shall bear a letter and/or number to distinguish it from each other Certificate. Except as provided in paragraph (b) of this Ordinance, an .authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Certificate, date and manually sign said Certificate, and no such Certificate shall be deemed to be issued or outstanding unless such Certificate is so executed. The Paying Agent/Registrar promptly shall cancel all paid Certificates and Certificates surrendered for conversion and exchange. No additional ordinances, orders or resolutions need be' passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange of any Certificate or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution and delivery of the substitute Certificates in the manner prescribed herein, and said Certificates shall be of type composition printed on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to Vernon's Ann. Tex. Civ. St. Art. 717k-6, and particularly Section 6 thereof, the duty of conversion and exchange of Certificates as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of said Certificate, the converted and exchanged Certificate shall be valid, incontestable and enforceable in the same manner and with the same effect as the Certificates which initially were issued and delivered pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. (b) Payment of Certificates and Interest. -The Issuer hereby further appoints the Paying Agent/Registrar to pact as the paying agent for paying the principal of and interest on the Certificates, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Certificates. (c) In General. The Certificates (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Certificates to be payable only to the registered owners thereof, Iii) may be converted and exchanged for other Certificates, (iii) may be transferred and assigned, (iv) shall have the characteristics, (v) shall be signed, sealed, executed and authenticated, (vi) the principal of and interest on the Certificates shall be payable, and (vii) shall be administered and the Paying Agent/Registrar and the Issuer shall have certain duties and responsibilities with respect to the Certificates, all as provided, and in the manner and to the effect as required or indicated, the the FORM OF CERTIFICATE set forth in this Ordinance. The Certificates initially -issued and delivered pursuant to this Ordinance are not required to be, and shall not be, authenticated by the Paying, Agent/Regi strar,but on each substitute Certificate issued in conversion of and exchange for any Certificate or Certificates issued under this Ordinance the Paying Agent/Registrar Minutes of City Council M-3 Page 319 320 TUESDAY, JULY 25, 1989 Ordinance No.II shall execute the PAYING AGENT/REGISTRAR'S AUTHENTICATION 10 342 cont. CERTIFICATE, in the form set forth in the FORM OF CERTIFICATE. (d) Substitute Paying Agent/Registrar. The Issuer covenants with the registered owners of the Certificates that at all times while the Certificates are outstanding the Issuer will provide a competent and legally qualified bank or trust company to act as and perform the services of Paying Agent/Registrar for the Certificates under this Ordinance, and that the Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar; to be effective not later than 60 days prior to the next principal of interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition or other method) should resign or otherwise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agent to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Certificates, to the _new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Certificates, by United States Mail, first class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to.have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. Section 6. FORM OF CERTIFICATES. That the form of the Certificates, including the form of Paying Agent/Registrar's Authentication Certificate, the form of Assignment and the form of .Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be attached to the Certificates initially issued and delivered pursuant to this Ordinance, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance. FORM OF CERTIFICATE NO. UNITED STATES OF AMERICA $ STATE OF TEXAS COUNTY OF TARRANT CITY OF FORT WORTH, TEXAS CERTIFICATE OF OBLIGATION SERIES 1989 MATURITY DATE INTEREST RATE ORIGINAL ISSUE DATE CUSIP % August 1, 1989 ON THE MATURITY DATE specified above, THE CITY OF FORT WORTH, TEXAS (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to (hereinafter called the "registered owner") the principal amount of DOLLARS and to pay interest thereon from the Original Issue Date specified above, on March 1, 1990, and semiannually on each September 1 and March 1 thereafter to the maturity date specified above, or the date of redemption prior to maturity, at the interest rate per annum specified above; except that if this Certificate is required to be authenticated and the date of its authentication is later than March 1, 1990, such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date (hereinafter defined) but on or before, the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date; provided, however, that if on the date of authentication hereof the interest on the Certificate or Certificates; if any, for which this Certificate is being exchanged or converted from is due but has not been paid, then this Certificate shall bear interest....from the date to which such interest has been paid in full. ' Minutes of City Council M-3 Page 320 TUESDAY, JULY 25, 1989 Ordinai THE TERMS AND PROVISIONS of this Certificate are 10342 continued on the reserve 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 Certificate are payable in -lawful money of the United States of America, without exchange or collection' charges. The principal of this Certificate shall be paid to the registered owner hereof upon presentation and surrender of this Certificate at maturity or redemption prior to maturity at the principal corporate trust office of MTrust Corp, National Association, Fort Worth,Texas, which is the "Paying Agent/Registrar" for this Certificate. The payment of interest on this Certificate shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check or draft, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Certificate (the "Certificate Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States Mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at its address as it appeared on the fifteenth business day of the month preceding (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. Any accrued interest due at maturity or upon redemption of this Certificate prior to maturity as, provided herein shall be paid to the registered owner upon presentation and surrender of this Certificate for redemption and payment at the principal corporate trust office of the Paying Agent/Registrar. ' The Issuer'' covenants with the registered owner of this Certificate that on or before each principal payment date, interest payment date, and accrued interest payment date for this Certificate it will make available to the Paying Agent/Registrar, from the "Interest and Redemption Fund" created by the Certificate Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Certificates, when due. j *IF THE DATE for the payment of the principal of or interest on this Certificate shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in thecitywhere the principal corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, or the United States Postal Service is not open for business, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close, or the United States Postal Service is not open for business; and payment on such date shall have the same force and effect'as if made on the original date payment was due. *THIS CERTIFICATE is one of a Series of Certificates dated August 1, 1989, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $10,700,000, FOR THE PURPOSE OF PROVIDING PART OF THE FUNDS FOR PAYING CONTRACTUAL OBLIGATIONS TO BE INCURRED FOR STREET IMPROVEMENTS, -THE ACQUISITION OF EQUIPMENT AND FACILITIES FOR USE BY A FIRE RESCUE UNIT'AT ALLIANCE AIRPORT, AND THE PAYMENT OF THE ENGINEERING, LEGAL AND FISCAL SERVICES RELATED THERETO. *ON MARCH 1, 2000,, or on any date thereafter, the Certificates maturing on and after March 1, 2001 are subject to optional redemption by the Issuer, in whole or in part in principal amounts of $5,000 or any integral multiple thereof, at the par value thereof plus accrued interest to the date fixed for redemption."If less than all of the Certificates are to be redeemed by the Issuer, the Issuer shall determine the maturity or maturities and the amounts thereof to be redeemed and shall direct the Paying Agent/Registrar to call by lot the Certificates, or portions thereof, within such maturity or maturities and in such principal amounts, for redemption. *AT LEAST 30 days prior to the date fixed for any such redemption (a) a written notice of such redemption shall be given to the registered owner of each Certificate or a portion thereof being called for redemption by depositing such notice in the United States mail, postage prepaid, addressed to each such registered owner at his address shown on the Registration Books of the Paying Agent/Registrar and (b) notice of such redemption shall be published one (1) time in a financial journal or publication of general circulation in the United States of America carrying as a regular feature notices of municipal bonds called for redemption; provided, however, that the failure to send, mail, or receive such notice described in (a) above, or any defect therein or in the Minutes of City Council M-3 Page 321 3-22 TUESDAY, JULY 25, 1989 Ordinance No. sending or mailing thereof, shall not affect the validity or 10342 cont. effectiveness of the proceedings for the redemption of any Certificate, and the Certificate Ordinance provides that the publication of notice as described (b) above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Certificates. By the date fixed for any such redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required redemption price for this Certificate or the portion hereof which is to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such notice of redemption is given, and if due provision for such payment is made, all as provided above, this Certificate, or the portion hereof.which is to be so redeemed, thereby automatically shall be redeemed prior to its scheduled maturity, and shall not bear interest after the date fixed for its redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest to the date fixed for redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such redemptions of principal of this Certificate or any portion hereof. If a portion of any Certificate shall be redeemed, a substitute Certificate or Certificates having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of.the Issuer, all as provided in the Certificate Ordinance.. *THIS CERTIFICATE OR ANY PORTION OR PORTIONS HEREOF IN ANY INTEGRAL MULTIPLE OF $5,000 may be assigned and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Certificates, upon the terms and set forth herein and in the Certificate Ordinance. This Certificate may only be assigned and transferred upon presentation and surrender to the 5Paying Agent/Registrar for transfer of registration and cancellation, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this certificate or any portion or portions hereof to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is or are to be transferred and registered. The form of Assignment printed or endorsed on this Certificate shall be executed by the registered owner, or its duly authorized attorney or representative, and shall conclusively evidence the assignment hereof. Upon surrender of this Certificate or any portion or portions hereof for transfer of registration, an authorized representative of the Paying Agent/Registrar shall make such transfer in the Registrations Books, and shall deliver a new Certificate or Certificates payable to such assignee or assignees, or to the registered owner hereof in the case of the assignment and transfer of only a portion of this Certificate,'in exchange for this Certificate, all in the form and manner as provided in the next paragraph hereof for the conversion and exchange of Certificates. .The registered owner of this Certificate, shall be deemed and treated by the Issuer and the Paying'Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Certificate to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. *ALL CERTIFICATES OF THIS SERIES issued as a result of a transfer, conversion or exchange are issuable solely as fully registered certificates, without interest coupons, in the denomination of any integral multiple of $5,000. In accordance with the form and procedures set forth in the Certificate Ordinance, this Certificate, or any unredeemed portion hereof, may, at the written request of the registered owner or the assignee or assignees hereof, or its or their duly authorized attorneys or representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, be converted into and exchanged for a Certificate or Certificates of like aggregate principal amount, 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, upon surrender of this Certificate to the Paying Agent/Registrar at its principal corporate trust office for cancellation. The one requesting a transfer, conversion, or exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of Minutes of City Council M-3 Page 322 vvt TUESDAY, JULY 25, 1989 Ordinance No. transfer, conversion or exchange. In any circumstance, neither the 10 342 cont. Issuer nor the Paying Agent/Registrar shall be required (1) to make any transfer, conversion or exchange during a period beginning at the opening of business 30 days before the day of the first mailing of a notice of redemption of certificates and ending at the close of business on the day of such mailing, or (2) to transfer, convert or exchange any Certificates so selected for redemption when such redemption is scheduled to occur within 30 calendar days.: *IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed to the registered owners of the Certificates. *BY BECOMING the registered owner of this Certificate, the registered owner thereby acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for inspection in the official minutes and records of the Issuer, and -'agrees that the terms and provisions of this Certificate and the CertificateOrdinance constitute a contract between each registered owner hereof and the Issuer. ,. . - __ . _ _ 1. IT I.S HEREBY certified,, recited and covenanted that this Certificate has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Certificate have been performed, existed, and been done in accordance with law; that this Certificate is a direct obligation of said Issuer, issued on the full,. faith and credit thereof; that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in said Issuer, and have been pledged for such payment, within the limit prescribed by law; and that surplus revenues of the Issuer's Waterworks and Sewer System, not to exceed $10,000, after payment of all operation and maintenance expenses thereof, and all debt service, reserve, and other requirements in connection with all of the Issuer's revenue bonds or other obligations (now or hereafter outstanding),; which are payable from all or any part of the "Pledged Revenues" of the Issuer's Waterworks and Sewer System, have been pledged as additional security for the Certificates. IN WITNESS WHEREOF, the, Issuer has caused this Certificate to be signed with the manual or facsimile signature of the Mayor of the City and countersigned with the manual or facsimile signature of the City Secretary of the City, and approved as to form and legality with the manual or facsimile signature of the City Attorney, and has caused the official seal of the City to be duly impressed, or placed in facsimile, on this Certificate. xxxxx xxxxxx City Secretary, City of Mayor, City of Fort Worth, Fort Worth, Texas Texas APPROVED AS TO FORM AND LEGALITY: xxxxx City Attorney, City of Fort Worth, Texas (SEAL) FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been issued under the provisions of the Ordinance described on the face of this Certificate of Obligation; and that this Certificate of Obligation has been issued in exchange for or replacement of a certificate of obligation, certificates of obligation, or a portion of a certificate of obligation or certificates of obligation of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Dated Minutes of City Council M-3 Page 323 324 TUESDAY, JULY 25, 1989 Ordinance No. MTrust Corp, National Association 10342 cont. Fort Worth, Texas By , Paying Agent/Registrar Authorized Representative FORM OF ASSIGNMENT:' ASSIGNMEN FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto Please insert Social Security or Taxpayer Identification number of Transferee) (Please print or typewrite name and address; including zip code of Transferee) the within Certificate of Obligation and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to register the transfer of the within Certificate of Obligation on books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(sT must iNO ICE: The signature above be guaranteed by'a member 'must correspond with the name firm of the New York Stock of the Registered Owner as it Exchange or a commercial appears upon the front of this bank or trust company. Certificate in every particular, without alteration or enlarge- ment or any change whatsoever. **FORM OF COMPTROLLER'S CERTIFICATE ATTACHED TO THE CERTIFICATES UPON INITIAL DELIVERY THEREOF OFFICE OF COMPTROLLER " REGISTER NO. STATE OF TEXAS I hereby certify that there is on file and of record in my office a certificate of the Attorney General of the State of Texas to the effect that this Certificate has been examined by him as required by law, and that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas, and that it is a valid and binding obligation of the City of Fort Worth, Texas, payable in the manner provided by and in the ordinance authorizing same, and said Certificate has this day been registered by me. WITNESS MY HAND and seal of office at Austin, Texas this Comptroller of Public Accounts of the State of Texas NOTE TO PRINTER: *§s to be on reverse side of certificate **§ not to be on certificate Section 7. DEFINITIONS. That the terms "Certificates", "Certificates of Obligation" shall mean the City of Fort Worth, Texas Certificates of Obligation, Series 1989 authorized to be issued and delivered by this Ordinance, and the term "Code" shall mean the Internal Revenue Code of 1986, and any amendment thereto. Section 8. INTEREST AND REDEMPTION FUND. That'a special fund or account, to be designated the "City of Fort Worth, Texas Series 1989 Certificate of Obligation Interest and Redemption Fund" is hereby created and shall* be established and maintained by the City at its official depsoitory. Said Interest and Redemption Fund shall be kept separate and apart from all other funds and accounts of said City, and shall be -used only for paying the interest on and principal of said Certificates. Any accrued interest derived from the sale of the Certificates shall be deposited to the credit of said Interest and Redemption Fund. All ad valorem taxes levied Minutes of City Council M-3 Page 324 3? 5 TUESDAY, JULY 25, 1989 Ordinance No. and collected for and on account of said Certificates shall be 10342 cont. deposited, as collected, to the credit of said Interest and Redemption.Fund. During each year while any of said Certificates .are outstanding and unpaid, the governing body of said City shall compute and ascertain the rate and amount of ad valorem tax, based on the latest approved tax rolls of said City, with full allowances being made for tax delinquencies and the cost of tax collections, which will be sufficient to raise and produce the money required to pay the .interest on said Certificates as such interest comes due, and to provide a sinking fund to pay the principal of said Certificates as such principal. matures, but never less than 2% of the original amount of said Certificates as a sinking fund each year. Said rate and amount of ad valorem tax is hereby ordered to be levied against all taxable property.in said City for each year while any of said Certificates are outstanding and unpaid, and said ad valorem tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Redemption Fund. Said ad valorem taxes necessary to pay the interest on and principal of said Certificates, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. Section 9. REVENUES. That the Certificates of Obligation,are additionally secured by and shall be payable from and secured by the revenues of the Issuer's Waterworks and Sewer System, not to exceed $10,000, remaining after payment of all maintenance and operation expenses thereof, and all debt service, reserve, .and other requirements in connection with all of the Issuer's revenue bonds and other obligations (now or hereafter outstanding), which are payable from all or any part of the Pledged Revenues of the. Issuer's Waterworks and Sewer System, constituting "Surplus Revenues". The Issuer shall deposit such Surplus Revenues to the credit of the Interest and Redemption Fund created pursuant to Section 8, to the extent necessary to pay the principal and interest on the Certificates of Obligation. Notwithstanding the requirements of Section 8, if Surplus Revenues are actually on deposit or budgeted for deposit in the Interest and Redemption FUnd in advance of the time when ad valorem taxes are scheduled to be levied for any year, then the amount of taxes which otherwise would have been required to be levied pursuant to Section' 8 may be reduced to the extent and by the amount of the Surplus Revenues then on deposit in the interest and Redemption Fund or budgeted for deposit herein: i Section 10. TRANSFER. That the City shall do any and all things necessary to accomplish the transfer of monies to the Interest and Redemption Fund of this issue in ample time to pay such items of principal and interest. Section 11. SECURITY FOR FUNDS. That the Interest and Redemption Fund created by this Ordinance shall be secured in the manner and.to the fullest extent permitted or required by law for the security of public funds, and such Fund shall be used only for the purposes,and in the manner permitted or required by this Ordinance. ; Section 12.- DEFEASANCE OF CERTIFICATES. (a) That any Certificate and the interest thereon shall be deemed to be paid, retired, and no longer outstanding (a "Defeased Certificate") within the meaning of this Ordinance, except to the extent provided in subsection (d) of .this Section 12, when payment of the principal of such Certificate, plus interest thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for on or before such.due date by irrevocably depositing with or making available to the Paying Agent/Registrar for such payment (1) lawful money of the United States of America sufficient to make such payment or (2) Government Obligations which mature as to principal and interest in such amounts and at such times as will insure the .availability, without reinvestment, or sufficient money to provide for such payment, and when proper arrangements have been made by the City with:the Paying Agent/Registrar for the payment of its services until all Defeased Certificates shall have become due and payable. At such time as a Certificate shall be deemed to be a Defeased Certificate hereunder, as aforesaid, such Certificate and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and the Pledged Revenues herein pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such.money or'Government Obligations._:. (b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the City also be Minutes of City Council M-3 Page 325 326 TUESDAY, JULY 25, 1989 Ordinance No. invested in Government Obligations, maturing in the amounts and 10342 cont. times as hereinbefore set forth, and all income from such Government Obligations received by the Paying Agent/Registrar which is not required for the payment of the Certificates and interest thereon, with respect to which such money has been so deposited, shall be turned over to the City, or deposited as directed in writing by the City.;` (c) The term "Government Obligations" as used in this Section 12, shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which may be United States Treasury obligations such as its State and Local Government Series, which may be in book -entry form. (d) Until all Defeased Certificates shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Certificates the same as if they had not been defeased, and the City shall make proper arrangements to provide and pay for such services as required by this Ordinance. Section 13. 'DAMAGED, MUTILATED, LOST, STOLEN, OR 'DESTROYED CERTIFICATES. (a) Replacement Certificates. That in the event any outstanding Certificate is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new certificate of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Certificate, in replacement for such Certificate in the manner hereinafter provided. (b) Application for Replacement Certificates. That application for rep acement of damaged, mutilated, lost, stolen, or destroyed Certificates shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft,. or destruction of a Certificate, the registered owner applying for a replacement certificate shall furnish to the City and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Certificate, the registered owner shall furnish to the City and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Certificate, as the .case may be. In every case of damage or mutilation of a Certificate, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Certificate so damaged or mutilated. (c) No Default Occurred. That notwithstanding the foregoing provisions of this Section, in the event any such Certificate shall have matured, 'and no default has occurred which is then continuing in the payment of the principal of, redemption premium, if any, or interest on this Certificate, the City may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Certificate) instead of issuing a replacement certificate, provided security or indemnity is furnished as above provided in this Section. (d) Charge for Issuing Replacement Certificates. That prior to the issuance of any replacement cern icate, the Paying Agent/Registrar shall charge the registered owner of such Certificate with all legal, printing, and other expenses in connection therewith. Every replacement certificate issued pursuant to the provisions of this Section by virtue of the fact that any Certificate is lost, stolen, or destroyed shall constitute a contractual obligation of the City whether or not the lost, stolen, or destroyed Certificate shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Certificates duly issued under this Ordinance. (e) Authority for IssuinR Replacement Certificates. That in accordance with Section 6 of Vernon's Ann. Tex. Civ. St. Art. 717k-6, this Section of this Ordinance shall constitute authority for.the issuance of any such replacement certificate without necessity of further action by the City or any other body or person, and the duty of the replacement of such certificates is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Certificates in the form and manner and with the effect, as provided in Section 5(a) of this Ordinance for Certificates issued in conversion and exchange of other Certificates. Minutes of City Council M-3 Page 326 327 TUESDAY, JULY 25, 1989 Ordinance No. Section 14. COVENANTS REGARDING TAX EXEMPTION. That the 10342 cont. City covenants to refrain from any action which would adversely affect,' or to take such action as to ensure, the treatment of the Certificates of Obligation as obligations described in Section 103 of the Code, the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the City covenants as follows: (a) to take any action to assure that no more than 10 percent of the proceeds of the Certificates of Obligation (less amounts deposited to a reserve. fund, if any) are used for any "private business use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds are so used, that amounts, whether or not received by the City, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Certificates, of Obligation, in contravention of Section 141(b)(2) of the Code; -(b) to take any action to assure that in the event that the "private business use" described in subsection (a) hereof exceeds 5 percent of the proceeds of the Certificates of Obligation (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" which is "related and not "disproportionate", within the meaning of Section 141(b)(3) of the Code, to the governmental use; ' (c) to take any action to assure that no amount which is greater than the -lesser of $5,000,000, or five percent of the proceeds of the Certificates of Obligation (less. amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of Section 141(c) of the Code; . (d) to refrain from taking any action which would otherwise result in the Certificates of Obligation being treated as "private activity bonds" within the meaning of Section 141(b) of the Code; (e) to refrain from taking any action that would result in the Certificates of Obligation being "federally guaranteed"_within the meaning of section 149(b) of the Code; (f) to refrain from using any portion of the proceeds of the Certificates of Obligation, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, 'to acquire investment property (as defined in�Section 148(b)(2) of the Code) which produces a materially higher yield over the term of the Certificates of Obligation, other than investment property acquired with -- (1) proceeds of the Certificates of Obligation invested for a reasonable temporary period of three years or less 'or, in the case of a refunding bond, for a period of 30 days or less until such proceeds are needed for the purpose for which the certificates of obligation are issued, (2) amounts invested in a bona' fide debt service fund,' withi n the meani ng of, Secti on 1.103-13(b)(12) of the Treasury Regulations, and (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Certificates of Obligation; (g) to otherwise restrict the use of the proceeds of the Certificates of Obligation or amounts treated as proceeds_of_the Certificates.of..Obligation, as may be necessary, so that the Certificates of Obligation do not otherwise contravene the requirements of Section 148 of the Code (relating to arbitrage) and, to the extent applicable, Section 149(d) of the Code (relating to advance refundings); (h) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Certificates of Obligation) an amount that is at least equal to 90 percent of the "Excess Earnings," within the meaning of Section 148(f) of the Code and to pay to the Minutes of City Council M-3 Page 327 328 TUESDAY, JULY 25, 1989 Ordinance No. United States of America, not later than 60 days after the 10342 cont. Certificates of Obligation have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under Section 148(f) of the Code; and (i) to maintain such records as will enable the City to fulfill its responsibilities under this Section and Section 148 of the Code and to retain such records for at least six years following the final payment of principal and interest on the Certificates of Obligation. It is the understanding of the City that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or ruling are hereafter promulgated which modify, or expand provisions of the Code, as applicable to the Certificates of Obligation, the City will not be required to comply with any covenant contained herein to the extent that such modification or expansion, in the opinion of nationally -recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Certificates of Obligation under Section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Certificates of Obligation, the City agrees to comply with the additional requirements to the extend necessary, in the opinion of nationally -recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Certificates of Obligation under Section 103 of the Code. Section 15. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES. That the Mayor of the City is hereby authorized to have control of the Certificates initially issued and delivered hereunder and all necessary records and proceedings pertaining to the Certificates pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Certificates said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate attached to such Certificates, and the seal of said Comptroller shall be impressed, or placed in facsimile, on such Comptroller's Registration Certificate. Section 16. SALE. That the sale of the Certificates of Obligation to (the "Purchaser"), at a price of par and accrued interest on the Certificates of Obligation to the date of delivery, is hereby authorized, ratified and confirmed. One Certificate of Obligation in the principal amount maturing on each maturity date as set forth in. Section 2 hereof shall be delivered to the Purchaser, and the Purchaser shall have the right to exchange such Certificates of Obligation as provided in Section 5 hereof without cost. Section 17. APPROVAL OF OFFERING DOCUMENTS. That the Notice of Sale and Bidding Instructions, Official Bid Form, and an Official Statement, dated July 12, 1989, prepared and distributed in connection with the sale of the Certificates of Obligation, are hereby approved by the City Council, and their use in the offer and sale of the Certificates of Obligation is hereby approved. Section 18. PREAMBLE. The findings and preambles set forth in this Ordinance are hereby incorporated into this Ordinance and made a part hereof for all purposes. ADOPTED this 25th day of July, 1989. Mayor, City of Fort Worth, Texas ATTEST: City Secretary, City of Fort Worth,Texas APPROVED AS TO FORM AND LEGALITY: City Attorney, City of Fort Worth, Texas Mayor Pro tempore Gilley made a motion, seconded by Council Member Zapata, that Mayor and Council Communication No. G-8140, sale of $10.7 million certificates of Minutes of City Council M-3 Page 328 Ogg TUESDAY,. JULY 25, 1989 M&C G-8140 cont. obligation be continued until the end of the agenda.. When the motion was put to a vote until the end of by the Mayor, it prevailed unanimously. agenda one-year lease 'agreement for an office 'trailer unit for the Park and Recreation M&C P-3596 re, There was 'presented Mayor and Council Communication No. P-3596, dated purchase of a July 18, 1989, from the City Manager submitting a quotation received for the purchase three -wheel util'tY. of a three -wheel utility vehicle for the Park and Recreation Department; stating that vehicle for the funds are available in Golf Fund 39, Account No. 80-42-10, Index Code 313122; and Park and Recreat-on recommending that the purchase be made from Watson Distributing Company, Inc., on Department from quotation of $10,544.00 net, f.o.b. Fort Worth. On motion of Mayor Pro tempore Gilley, Watson Distributing seconded by Council Member Murrin, the recommendation was adopted. Company, Inc. . M&C P-3597 re There was presented Mayor and Council Communication No. P-3597, dated purchase of two July 18, 1989, from the City Manager submitting a quotation received for the purchase riding aeration of two riding aeration units for the Park and Recreation Department; stating that funds units for the Park are available in Golf Fund 39, Account Nos. 80-42-10 and 80-41-10, Index Codes 313122 and Recreation De- and 312322, respectively; and recommending that the purchase be made from Watson partment from Distributing Company, Inc., for a total amount not to exceed $15,994.00 net, f.o.b. Watson Di stri buti n Fort Worth. On motion of Mayor Pro tempore Gilley, seconded by Council Member Murrin, Company, Inc. the recommendation was adopted. M&C P-3598 re lease There was presented Mayor and Council Communication No. P-3598, dated agreement of July 18, 1989, from the City Manager submitting a tabulation of bids received for a an office trailer one-year lease 'agreement for an office 'trailer unit for the Park and Recreation unit for the Park Department; stating that funds are available in Golf Course Fund 39, Account and Recreation De- No. 80-40-05, Index Code 317362; and recommending that the lease agreement be p ar tme n t from Gelcc authorized with Gelco Space on total low bid of $11,000.00 net, f.o.b. Fort Worth, with Space term of agreement to be effective from date of approval until one year later. On motion of Mayor Pro tempore Gilley, -seconded by Council Member Murrin, the recommendation was adopted. M&C, P-3599 be It was the consensus of the City Council that Mayor and Council Communication withdrawn from the No. P-3599, Purchase of Cash Control Systems from Hussman Refrigeration, Inc., for the agenda Park and Recreation Department, Golf Division, be withdrawn from the agenda. M&C P-3600 re There was presented Mayor and Council Communication No. P-3600 from the City annual agreement It Manager stating that a one-year purchase agreement, containing two one-year options for provide repairs o renewal, was authorized on October 13, 1987, by Mayor and Council Communication hight voltage No. P-2202 with Shermco Industries to provide high voltage repairs for the Water equipment for th Department; that it is recommended that the second years option for renewal be Water Department exercised; stating that funds are available in Water and Sewer Operating Fund 45, with Shermco In- Account No. 70-50-02; Index Code 384487; and recommending that the City Council dustries exercise the second and final option for renewal of the annual agreement to provide repairs with Shermco Industries at a labor rate of $48.00 per hour, parts provided at discount of 15 percent from dealer's list price, net, f.o.b. Fort Worth, Texas; and that all City departments be authorized to participate in this agreement, effective July 19, 1989, through July 18, 1990. It was the consensus of the City Council that the recommendations be adopted. M&C P-3601 re There was presented Mayor and Council Communication No. P-3601 from the City contract with Manager stating that the City Council authorized transfer of responsibility for the Micro Records coordination of the microfilming program from Finance, Office Services Division, to the Services, Inc. for Office Management Services, Records Management Division, as provided in Administrative microfilming ser Regulation I-23; that it is desirable to extend the contract to end with fiscal year vices for varier 1988-89; that additional funds are required until a new contract can be awarded in departments order to continue the microfilming of necessary records; that funds are available in General Fund O1, Account Nos. 06-20-00, 13-40-20, 36-40-00, and 38-30-00, Index Codes 232991, 211003, 277046, and 219873, respectively; and recommending that the extension of the present one-year contract with Micro Records Services, Inc., be authorized from April 19, 1989 to September 30, 1989, for a total amount not to exceed $15,142.00. It was the consensus of the City Council that the recommendation be adopted. M&C P-3602 re There was presented Mayor and Council Communication No. P-3602 from the City purchase of 20 ICA[ Manager submitting a quotation received for the purchase of 20 ICAP cameras for the for the Police Department; stating that funds are available in Police General Fund 01, Account cameras for police Dthen No. 35-41-00, Index Code 267062; and recommending that the purchase be made from form Crimeye, IncCrimeye, Inc., on a sole source quotation of $10,000.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-3603 re There was presented Mayor and Council Communication No. P-3603 from the City purchase of PB4 Manager stating that the specifications for the purchase agreement with Texas pre -coated rock Industries, Inc., did not include the product hauled to jobsites; that recent projects asphalt for the have proven that in some instances, it -is more cost effective to have the vendor Transportation and deliver the PB -4 pre -coated rock asphalt to jobsite when a large quantity is required public Works De -i rather than hauled to stocksite locations and then moved to jobsite by City trucks; p public t from x stating that funds are sufficient to -cover the anticipated expenditure by each Industries, Inc.' department participating in the agreement; and recommending that City Council authorize: 1. Confirmation of the purchase of PB4 pre -coated rock asphalt for the Transportation and Public Works Department from Texas Industries, Inc. for an amount not to exceed $10,569.00; and Minutes of City Council M-3 Page 329 330 TUESDAY, JULY 25, 1989 M&C P-3603 cont. 2. _: Amend M&C .P-3453 approved by the City Council on May 16, 1989, purchase of PB4 to read as follows: pre -coated rock asphalt for the A. A purchase agreement with Texas Industries, Inc. (TXI) Transportation and for .the purchase of PB -4 precoated rock asphalt on the Public Works De- low bid of unit prices as follows:., partment from Texas Industries, 1. PB4 del. to 5000 M L King Frwy. $15.41/ton Inc. 2. PB4 del. to 2500 Brennan Avenue $15.41/ton 3. PB4 del. to 4100 Columbus Trail $16.01/ton 4. PB4 del. to Jobsite $11.00/ton + Railroad commis- sion regulated haul rate to site B. All City departments to use this agreement, if needed; and . C. The agreement period to begin May 16, 1989, and end one year later. M&C P-3603 adopted It was the consensus of. the City Council that the recommendations be adopted. M&C P-3604 re There was presented Mayor and Council Communication No. P-3604 from the City purchase of an Manager submitting a tabulation of bids received for the purchase of an E.I.M. E.I.M. motorized motorized valve operator for the Water. Department; stating that funds are available in valve operator for Water and Sewer Operating Fund 45, Account No. 70-50-02, Index Code 384651; and the Water Depart- recommending that the purchase be made from E.I.M. Company %Lynn Elliott on low bid of men t $47,481.00 net, f.o.b. Missouri City, Texas. It was the consensus of the City Council that the recommendation be adopted. M&C P-3605 re There was presented Mayor and Council Communication No. P-3605 from the City purchase agree- Manager submitting a tabulation of bids received for a purchase agreement for the sale ment for sale of of scrap metal for the Transportation and Public Works Department; stating that scrap metals for proceeds from the scrap metal sales will be deposited into General Fund 01, Account the Transportation No. 20-40-02, Index Code 023028; and recommending that the purchase agreement be and Public works authorized with Gachman Metals -on highest bid per unit prices, as follows: brass at Department with $0.42 per pound; copper at $0.70 per pound; and aluminum at $0.45 per pound; and that Gachman Metals all City departments be authorized to participate in agreement, if needed, effective from date of authorization until expiration one year later. It was the consensus of the City Council that the recommendations be adopted. M&C P-3606 re There was presented Mayor and Council Communication No. P-3606 from the City purchase of rebars Manager submitting a tabulation of bids received for the purchase of various sizes of for the Transpor- rebars for the Transportation and Public Works Department; stating that funds are tation and Public available in General Fund 01., Account No. 20-80-03, Index Code 239442; and recommending Works Department that the rebars be purchased on a low -bid -item basis of unit prices from Barnsco, Inc., from Barnsco, Inc. and Continental Steel Company for a total of $5,637.50 net, f.o.b. Fort Worth. It was and Continental the consensus of the City Council that the recommendation be adopted. Steel Company There was presented Mayor and Council Communication No. P-3607 from the City M&C P-3607 re Manager, as follows: purchase agreement for body shop SUBJECT: PURCHASE AGREEMENT FOR BODY SHOP SUPPLIES FOR THE CITY supply for the SERVICES DEPARTMENT WITH MULTIPLE VENDORS City Services Department with RECOMMENDATION: Multiple Vendors and Color Supply, It is recommended that the City Council authorize: Inc. and Jake Mobley's Refinish 1. A purchase agreement with the following vendors to supply body Sales shop supplies on the low bid of unit prices meeting specifications as follows: A. Color Supply, Inc. Fort Worth, TX Category I primers, sealers, body fillers, hardening additives, compounds. Items 1-8 1. Light gray primer 2. Primer sealer 3.. Plastic filler 4., Speedy rub 5. Machine rub 6. Acrylic enamel (1 pint can) 7. Fish eye preventor (8 oz. bottle) 8. Unspecified primers, sealers_ fillers and rubbing compounds will be sold to the city at jobber's net price less 3% discount Minutes of City Council M-3 Page 330 $19.24/gallon $19.31/gallon $11.25/gallon $ 9.77/gallon $ 9.77/gallon $16.14/pint $ 1.43 331 TUESDAY, JULY 25, 1989 M&C P-3607 cent. Category III paint, automobile and truck colors Items purchase agreement 11-23 for body shop supply for the City 11. Acrylic lacquer code w3 $35.93/gallon Services Department 12. Acrylic lacquer code 9DL $35.93/gallon with Multiple 13. Acrylic lacquer code 12 $35.93/gallon Vendors and Color 14. Acrylic lacquer code 21 $46.67/gallon Supply, Inc. and 15. Acrylic lacquer code 60 $35.93/gallon Jake Mobley's Re 16. Acrylic lacquer code 11 $35.93/gallon finish Sales 17. Acrylic enamel code 23 $38.07/gallon 18. Acrylic enamel code 3T $33.95/gallon 19. Acrylic enamel code 2150 $54.26/gallon 20. Acrylic enamel code 61 $38.07/gallon 21. Acrylic lacquer clear $ 5.45/gallon 22. Acrylic lacquer clear $ 7.60/gallon 230' Unspecified automobile truck and basic tint colors will be sold to the city at commercial manufacturer's price list less 3% discount. Category IV Tapes Items 51-54' 51. 3/4" masking tape $ 1.64/roll 52. 2" masking tape. $ 4.31/roll 53. Strapping tape $ 5.21/roll 54. Unspecified tapes will be sold to the city at jobber's net price list less 25% discount. B. Jake Mobley's Refinish Sales Fort Worth, TX Category II Thinners and Reducers Items 9-10 9. Paint thinner $125.00/55 gal. drum 10. Acrylic enamel reducer $199.00/55 gal6 drum Category IV Aerosol Spray Paints Items 24-36 24. Smoke gray 12 oz. can $2.59 ea. 25. Ford blue 12 oz. can $2.59 ea. 26. Ford green 12 oz, can $2.59 ea. 27. High heat aluminum 12 oz. can $3.15 ea. 28. Chevrolet orange 12 oz. can $2.59 ea. 29. Glossy black 12 oz. can $2.59 ea. 30. Glossy white 12 oz. can $2.59 ea. 31. American beauty red 12 oz. can $2.59 ea. 32. School bus yellow 12 oz. can $2.59 ea. 33. Dove gray 12 oz. can $2.59 ea. 34. Ultra flat black' 12 oz. can $2.59 ea. 35. Caterpillar yellow 12 oz. can $2.59 ea. 36. Unspecified aerosol paints will be sold to the city at jobber's net price list less zero discount. Category V sandpaper, production paper, grinding disc, emery cloth and scotchbrite pads, Items 37-50 37. 'Sandpaper 3M#02241 $36.34/sleeve 38. Sandpaper 3M#02356 $36.34/sleeve 39. Sandpaper 3M#02002 $15.92/sleeve 40. Sandpaper 3M#02118 $23.08/sleeve 41. Production Paper 3M#02004 $15.92/sleeve 42. Disc 3M#01285 $29.69/box 43. Disc 3M#01907 $35.82/box 44. Disc 3M#01469 $42.71/roll 45. Disc 3M#01506 $41.00/roll 46. Disc 3M#01744 $34.82/ea. 47. Emery cloth 3M#05030 $26.00/roll 48. Emery cloth 3M#05022 $23.51/roll 49. Scotchbrite pads 3M#7447 $11.77/box 50. Unspecified sandpaper, production paper, grinding disc, emery cloth and scotchbrite pads will be sold to the city at jobber's net price less 5% discount. 2. The agreement to begin the day of authorization by the City Council and end one year later, with option to renew for one additional year. BID TABULATION: See attached bid tabulation. Invitations to bid were mailed to ten prospective bidders. Four no -bids were received and three vendors Minutes of City Council M-3 Page 331 332 TUESDAY, JULY 25, 1989 M&C P-3607 cont. did not respond. Bid was advertised in the Fort Worth re purchase agree Star -Telegram on May 4 and 11, 1989. ment for body shop,. supply for COMMENTS ON SPECIFICATIONS: City Services De- partment with Specifications -required the vendor to submit price verification Color Supply, Inc information in the form of microfiche or price lists upon request and Jake Mobley's prior to award. Texas Mill-Metroplex, Inc. failed to submit the Refinish Sales required documents. M&C P-3611 re DISCUSSION: annual maintenance The City Services Department, Equipment Services Division will use agreement of the these products in the paint and body shop. The City Services staff geoprocessing hard has recommended that Categories,VII and VIII be deleted. They will ware from Tektroni be purchased by Pip or local purghase orders on an as -needed basis. for the Informa- FINANCING: tion systems and Budgeted funds are sufficient to cover the anticipated expenditure Services Depart- by each department participating in this agreement. All purchase ment orders issued on this agreement will be reviewed by Purchasing for sufficiency of funds prior to release. M&C P-3607 It was the consensus of the City Council that the recommendations, as contained in adopted Mayor and Council Communication No. P-3607, be adopted. M&C P-3608 re There was presented Mayor and Council Communication No. P-3608 from the City purchase agree- Manager submitting a tabulation of bids received for a purchase agreement with one year ment with Lone renewal option to provide auctioneering services for the Finance Department; stating Star Auctioneers, that funds are available in General Fund 01, Account No. 13-30-00, Index Code 2099924; Inc. to provide and recommending that the purchase agreement be authorized with Lone Star Auctioneers, auctioneering Inc., to provide auctioneering services at the Police Auto Pound and Property Room for services for the the Finance Department on low bid, meeting City specifications, of 9.99 percent of Finance'Department gross proceeds, with effective date for agreement to begin date of authorization and to for the Informatio remain in effect until expiration one year later or option for renewal is authorized. Systems & Services It was the consensus of the City Council that the recommendations be adopted. M&C P-3609 re Manager recommending that the City Council confirm the award of an order in the amount purchase of equip- There was . presented Mayor and Council Communication No. P-3609 from the City ment repairs. for Manager stating that the City Council authorized the purchase of repair services on the City Services April 18, 1989, by Mayor and Council Communication No. P-3406 from Darr Equipment Department from. Company for an amount not to exceed $8,440.15; that, during the work process, the Darr Equipment vendor notified City Services Department, Equipment Services, of additional repairs Company required to complete the rebuild to the specified level of quality; that, therefore, the staff recommends that the amendment be authorized increasing the cost of the rebuild to $12,655.06; stating that funds are available in Equipment Services Operating Fund 61, Account No. 21-20-30, Index Code 219188; and recommending that City Council authorize the amendment of Mayor and Council Communication No. P-3406 awarded April 18, 1989, to read as follows: Authorize the purchase of equipment repairs for City Services Department from Darr Equipment Company on low bid meeting specifications of the following unit prices: rebuild forklift for an amount of $12,655.06. It was the consensus of the City Council that the recommendation be adopted. M&C P-3610 re There was presented Mayor and Council Communication No. P-3610 from the City purchase of Manager submitting a tabulation of bids received for the purchase of equipment repair euqipment repair services for the City Service Department; stating that funds are available in General services for the Fund 01, Account No. 20-80-03, Index Code 239608; and recommending that the purchase be City Services De- made from Darr Equipment Company for an amount not to exceed $42,543.68. It was the partment consensus of the City Council that the recommendation be adopted. M&C P-3611 re There was presented Mayor and Council Communication No. P-3611 from the City annual maintenance Manager stating that City Council approved a lease -purchase of the mapping hardware and agreement of the software in April 1986 by Mayor and Council Communication No. P-1897; that the City geoprocessing hard Council approved an extension to the maintenance agreement through July 15, 1988 and ware from Tektroni again on June 28, 1988 extending the agreement through June 28, 1989; that the full for the Informa- price of maintaining all equipment will be $11,685.00; that funds are available in tion systems and General Fund 01, Account Nos. 04-20-00, 06-40-00, and 20-10-00, Index Codes 228239, Services Depart- 206532, and 230581, respectively; and Water and Sewer Operating Fund 45, Account ment No. 70-25-01, Index Code 371302, and Account No. 70-25-01, Index Code 382200; and recommending that the City Council authorize the renewal for an additional year of the agreement to provide maintenance of the geoprocessing hardware for Information Systems and Services with Tektronix for an amount of $11,685.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the,recommendation be adopted. M&C P-3612 re There was presented Mayor and Council Communication No.` P-3612 from the City purchase of mobile Manager submitting a quotation received for the purchase of mobile data terminals for data terminal the Information Systems and Services Department; stating that funds are available in including installa General Fund 01, Account No. 35-44-00, Index Code 280784; and recommending that the tion kits from purchase be made from Electro Com Automation, Inc., on quotation of $10,000.00 net, Electro co mo f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be Automation, Inc. adopted. for the Informatio Systems & Services There was presented Mayor and Council Communication No. P-3613 from the City Department Manager recommending that the City Council confirm the award of an order in the amount M&C P-3613 re purchase of pump repairs for the Water Department t Fiygt Corporation 11 Minutes of City Council M-3 Page 332 3 a 3 TUESDAY, JULY 25, 1989 M&C P-3613 cont. re purchase of of $13,500.00 to Flygt Corporation for :the emergency purchase of pump repairs for the pump repairs for, Water Department, with funds available in Water and Sewer Operating Fund 45, Account the Water Depart,- No. 60-50-03, Index .Cade 374421. It was the consensus of the City Council that the ment to Flygt award of an order in the amount of $13,500.00 to Flygt Corporation be approved, Corporation confirmed, and ratified. M&C P-3614 re There was presented Mayor and Council Communication No. P-3614 from the City authorized amend- Manager stating that approval was granted on the basis of competitive bidding to award ment to be expend- a library materials purchase agreement to Baker and Taylor Company of Commerce, ded for library Georgia, on December 8, 1988, with two one-year renewal options; that additional materials from encumbrance is needed to continue the purchases of library materials under the existing Baker and Taylor agreement No. 88AO595; stating that funds are available in General Fund 01, Account No. Company 84-20-01, Index Code 321034; and recommending that an amendment to Mayor and Council Communication No. P-3073 be authorized in the amount of $135,000.00 to be expended for library materials from.Baker and Taylor Company. It was the consensus of the City Council that the recommendation be adopted. M&C L-9857 re There was presented Mayor and Council Communication No. L-9857 from the City permanent easement Manager recommending that the City pay consideration of $1,412.49 for a rectangularly shaped permanent easement 10 feet in width and approximately 91.72 feet in length along the rear of Lot 2C, 2D, and 3H, Block 36, Jennings South Addition as recorded in Volume 6944, Page 1945, and Volume 7156, Page 1120; located west of Grainger Street; owned by Justin Industries, Inc., and required for Sanitary Sewer Rehabilitation L-249. It was the consensus of the City Council that the easement be acquired as 'recommended and that the expenditure be charged to Sewer Capital Improvements Fund 58, Project No. 017061-00, Index Code 698787. M&C i-9858 re There was presented Mayor and Council Communication No. L-9858 from the City permanent easement Manager recommending that the City pay consideration of $2,411.02 for a rectangularly -shaped permanent utility easement 10 feet in width and approximately 156.56 feet in length along the rear of Lot 3C and across the middle of Lot 3D, Block 36, Jennings South Addition, as recorded in Volume 6944, Page 1945; located west of Grainger Street; owned by Justin Industries, Inc., and required for Sanitary Sewer Rehabilitation L-249. It was the consensus of the City Council that the easement be acquired as recommended and that the expenditure be charged to Capital Improvements Fund 58, Project No. 017061-00, Index Code 698787. M&C L-9859 re . There was presented Mayor and Council Communication No. L-9859 from the City permanent easement Manager recommending that the City pay consideration of $1,620.00 for a rectangularly -shaped permanent utility easement 10 feet in width and approximately 105 feet in length along the rear of Lot 2B and across the middle of Lot 2F, Block 36, Jennings South Addition, as recorded in Volume 4423, Page 423, and Volume 4423, Page 417, Deed Records, Tarrant County, Texas; located west of Grainger Street; owned by Justin Boot Company; and required for Sanitary Sewer Rehabilitation L-249. It was the consensus of the City Council that the easement be acquired as recommended and that the expenditure be charged to Capital Improvements Fund 58, Project No. 017061-00, Index Code 698787. : M&C L-9860 re acquisition of right-of-way There was presented Mayor and Council Communication No. L-9860 from the City Manager, as follows: SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS (2 TRANSACTIONS) RECOMMENDATION: It is recommended that approval be given for the acquisition of the land and/or easements described below: 1. Project: Basswood Boulevard/Contract 1 Type of Acquisition: Right -of -Way Description of Land: = Tract 1 - A rectangularly shaped strip of land 10 feet in depth and approximately 2,061.10 feet in length adjacent to the northerly line of Tract 3, James C. Bradford Survey, Abstract No. 140 and Tract 4, William Evans Survey, Abstract No. 467, both of 'Tarrant County, Texas.; Tract II - A rectangularly shaped strip of land 10 feet in dept and approximately 1,840.66 feet in length adjacent to the northerly line of Tract 4, William Evans Survey, Abstract No. 467, Tarrant County, Texas.° Square Feet: Tract I 20,560.32 Tract II 18,382.32 Zoning: Residential, "E" Commercial, "A" One -Family Parcel No.: 1 Consideration: $1.00 Minutes of City Council M-3 Page 333 3634. M&C L-9860 cont. re acquisition of right-of-way various projects M&C L-9860 adopte M&C L-9861 re permanent easemen M&C L-9862 re acquisition of permanent and temporary easemen variousnprojects TUESDAY, JULY 25, 1989 Location: South of Basswood Boulevard. Owner: Hillwood/Park Glen, Ltd., a Texas Limited Partnership Financing: Sufficient funds are available in Street Improvements Fund 21, Project No. 036924-00, Basswood Boulevard/Contract I. This expenditure will be made from Index Code 699603. Land Agent: Aleeta Hackney 2. Project: FWISD/Carrol Peak School Site Type of Acquisition: Sidewalk and Utility Easement Description of Land:' - A rectangularly shaped strip of land 8.35 feet in depth and approximately 775 feet in length located along and adjacent to the south line of Lots 16 through 30, Block 46, Highland Park Addition, as recorded in Volume 1335, Page 87, Deed Records, Tarrant County, Texas. Square'Feet: 6,471 Zoning: "B".Two-Family Parcel No.: 1 Consideration: $1.00 Location: North of Jefferson Street Owner: Fort Worth Independent School District Financing: Sufficient funds are available in New Development Fund 90, Project No. 095105-00, FWISD/Carrol Peak School Site. This expenditure will be made from Index Code 699900. Land Agent: Aleeta Hackney It was the consensus of the City Council that the recommendation be adopted. (Council Member Louis Zapata "Not Voting" due to a conflict of interest in regard to Fort Worth Independent School District.) There was presented Mayor and Council Communication No. L-9861 from the City Manager recommending that the City pay total consideration of $1,500.00 for a rectangularly -shaped permanent utility easement along the west side of Lot 3A, Block 36, Jennings South Addition, as recorded in Volume 8925, Page 606, Deed Records, Tarrant County, Texas; located at 418 Grainger Street; owned by Anna Bernice James; and required for Sanitary Sewer Rehabilitation L-249. It was the consensus of the City Council that the easement be acquired as recommended and that the expenditure be charged to Capital Improvements Fund 58, Project No. 017061-00, Index Code 698787. There was presented Mayor and Council Communication No. L-9862 from the City Manager, as follows: SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS (4 TRANSACTIONS) RECOMMENDATION: It is recommended that approval be given for the acquisition of the land and/or easements described below: 1. Project Name: Sanitary Sewer Main Relocation (M-50 & M-53), Sunshine Hills Addition Type of Acquisition: Permanent and Temporary easements Description of Land: strip of land approximately 5 feet in width from the eastside and center of Lot 14, Block 3, Sunshine Hills Addition, as recorded in Volume 9509, Page 397, DRTCT, containing 3,577 square feet, required for a permanent sanitary sewer easement. Also required an additional strip of land approximately 5 feet in width adjacent and parallel to the east,'north and south side of the above described permanent easement as required for temporary construction easements. Square Feet: Permanent easement -3,577.5 Temporary easement -1,883.5 Minutes of City Council M-3 Page 334 &C L-9862 re cquisition of ermanent and emporary easements arious projects TUESDAY, JULY 25, 1989 Description of Improvements: Family Chain link fence Consideration: $1.00 Location: 3419 Crenshaw Owner: H.H. Stewart Financing: Parcel No.: "D" Multi Sufficient funds are available in Sewer Capital Iiip•ove-e,ts Fund 58, Project No. 017100-00. This expenditure will ie made from index code 698787.- Land 98787. Land Agent• Don Shoulders 2. Project Name: Rehabilitation of Sanitary Sewer Main 128 Type of Acquisition:: Dedication of easement Description of Land: An irregularly shaped parcel of land out of Lot 4-A, Blocc 1, Goldenrod Addition as described in Volume 2867, Page 430, Deed Records, Tarrant County, Texas. This parcel of land is 54.63 feet in depth along its east line, 10.0 feet ii widti along its southline, 49.96 feet in depth along its west line and 12.60 feet in width along its north line, regjired f o- a permanent easement. Square Feet: 507.94 Zoning: "C" Parcel No. 21 Consideration $1.00 Location• r, - 2610 Goldenrod Owner: Texas Utilities Electric Company Financing: Sufficient funds are available in Sewer Capital Ir)rovements Fund 58, Project No. 017075-00, Sanitary Sewer Maii 128 Rehabilitation*— This expenditure will be made from Index Code 698787. Land Agent• Jerry Chalker 3. Project Name• Alliance Airport Waterline Easement Type of Acquisition: Dedication of Easement Description of Land: A rectangularly shaped parcel of land out of Tract 1, G. Overton Survey Abstract No. 1185 as described in Voli-e 9279, Page 377, Deed Records, Tarrant County, Texas. TH s )a,. -el of land is 15.0 feet in depth and 40.0 feet in width aid contains 600.0 square feet, required for a permanent easement. Square Feet: 600 Zoning: A= Parcel No. 1 Consideration: $1.00 Location:. West of the . west property line of Alliance Ai rpo ~t, souit least of the east right-of-way line of A.T.S.F. Railroad. Owner• Alliance Airport Ltd. Minutes of City Council M-3 Page 335 335 3 36 TUESDAY, JULY 25, 1989 M&C L-9862 cont. Fi_n�anci ng: re acquisition uf� ficient funds are available in Water Capital Improvements of permanent Fund 83, Project No. 014008-00, Alliance Airport Waterline. and temporary This expenditure will be made from Index Code 698738. easements for various projects Land Agent Jerry Chalker 4. Project Name: Floodway Easement/Lot 1, Block 1, Shaw Addition Type of Acquisition: Permanent Floodway Easement Description of Land An irregularly shaped strip of land approximately 813.60 feet in length out of Lot 1, Block 1, Shaw Addition as recorded in Volume 9492, Page 325, Deed Records, Tarrant County, Texas. This strip begins with its east boundary line being along the west right-of-way line of the 5300 block of Campus Drive and extends in a westerly direction for about 813.60 feet to a point of termination: This strip of land contains 19,166.4 square feet as required for a permanent Floodway Easement. Square Feet: 19,166.4 Parcel No. 1 Description of Improvements: None in the taking Consideration: $1.00 Location: 5300 Block of Campus Drive Zoning: "G" Commercial Owner: Chrysler Realty Corporation FiFin��� Sufficient funds are available in New Development Fund 90, Project No. 095105-00, Engineering. Expenditure will be made from Index Code 699884. Land Agent: Francis Sargeant M&C L-9862 adopte It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. L-9862, be adopted. M&C PZ -1556 revacaThere was presented Mayor and Council Communication No. PZ -1556 from the City drafting a Manager recommending that an ordinance be adopted vacating a drainage easement located drainage easement in Lot 1, Block C, River Hills Addition. It was the consensus of the City Council that the recommendation be adopted. Introduced an Council Member Murrin introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Member Chappell The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10348 10348 AN ORDINANCE VACATING, ABANDONING AND CLOSING AN EXTINGUISHING A DRAINAGE EASEMENT LOCATED WITHIN THE RIVER HILLS ADDITION TO THE CITY FOR FORT WORTH, TEXAS, SAID EASEMENT BEING MORE SPECIFICALLY DESCRIBED HEREIN; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. M&C PZ -1557 re There was presented Mayor and Council Communication No. PZ -1557 from the City vacating a utility Manager recommending that an ordinance be adopted vacating a utility easement between easement Lots 1 and 2 and Lots 3, 3A, and 4, Block 60, Fort Worth Original Town, an unrecorded plat with the exception of Lot 3A recorded in Volume 388-114, Page 685, P.R.T.C.T. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council M-3 Page 336 3 337 TUESDAY, JULY 25, 1989 (Introduced an Council Member Murrin introduced an ordinance and made a motion that it be iOrdinance ado)ted. The motion was seconded by Mayor Pro tempore Gilley. The rrot'on, carrying wits it the adoption of said ordinance, prevailed by the followilg v)te: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Coincil Mem)e•s Zapata, Garrison, Granger, McCray, Murrin, and Webbe^ NOES: None ABSENT: Council Member Chappell. Tie ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10349 10349 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING A UTILITY EASEMENT AS �Ot: SPECIFICALLY DESCRIBED HEREIN AND BEING LOCATED WITHIN THE FORT WORTH ORIGINAL TOWN, FOZT WORTH, TARRANT COUNTY, TEXAS; REPEALIVG AL_ ORDINANCES IN CONFLICT HEREWITH; AND PROVIDIVG AN EFFECTIVE DATE. PZ -1558 re There was presented Mayor and Council Communication No. PZ -1558 from the City vacating a utility Manager recommending that an ordinance be adopted vacatirg a utility and drainage and drainage ease easement located in Lot 1-R, Block K, Bentley Village Addition. It was the consensus men t of the City Council that the recommendation be adopted. Introduced an Council Member Murrin introduced an. ordi nance and rrade a -iW'on that it be Ordinance adopted. The motion was seconded by Mayor Pro tempore Gilley. T'e motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Coincil Members Zapata, Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Member Chappell The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10350. 10350 AN ORDINANCE VACATING, ABANDONING AND CLOSI�3 AND EXTINGUISHING A DRAINAGE AND U-ILITY EASEMENT MORE SPECIFICALLY DESCRIBED HEREIN AND BEING LOCATED WITHIN THE BENTLEY V:LLAG: ADDITION TO THE CITY FORT WORTH, TEXAS; REPEALING ALL ORDINANCES IN CONFLICT HEREWIT-; AND PROVIDING AN EFFECTIVE DATE. M&C C-11761 re There was presented Mayor and Council Communication Vo. C-11761 from the City agreement with Maiager submitting a tabulation of bids received for a one -yea, ag •eeme it to provide Browder Distributors motor oil for The T; stating that funds are available in Bus Syster Find 44, Account to rpovide motor to. 26-10-01, Index Code 361113; and recommending that the ag,eerr?rt be aithorized with oil for The T Browder Distributors for an amount not to exceed $24,000.00. It was tte consensus of the City Council that the recommendation be adopted. M&C C-11762 with- It was the consensus of the City Council that Mayor and Council Communication drawn from agenda No. C-11762, Award of Contract for weed abatement (89-1), be Witt d awn f ,om the agenda. M&C C-11763 re There was presented Mayor and Council Communication Ni. C-11763 from the City approved Community Manager, as follows: . Development Block Grant Year XV SUBJECT: COMMUNITY DEVELOPMENT'BLOCK GRANT YEAR XV V:I3-30RHOOD Neighborhood Proj- PROJECTS (NP) ects with various community centers RECOMMENDATION: i It is recommended that the City Council: 1.- Approve the following Neighborhood Projects (NP): A. Como Community Motivation and $ 4,00).00 Betterment Project (Continuation) B. Diamond Hill -Jarvis Heights Stay 3,100.00 In School C. Far Northside House Painting 4,000.00 (Continuation) Minutes of City Council M-3 Page 337 338 M&C C-11763 cont. approved Communit Development Block Grant Year XV Neighborhood Projects with various community centers 2. TUESDAY, JULY 25, 1989 D. Mid -South Neighborhood Senior 2,500.00 Citizens Program (Continuation) E. Fairmount Historic Houses Paint 3,000.00 Program F. Worth Heights Operation Can Do and 3,000.00 Parents Too! (Continuation) G. North Fort Worth Rat Patrol 4,000.00 Project H. Near Northside Beautification 4,000.00 Project I. Stop Six Exterior Painting and 4,000.00 Minor Home Repairs J. Near Southeast Newsletter 3,000.00 K. Polytechnic Heights NAC and the 4,000.00 Fort Worth Police -East Division Senior Citizen Program $38,500.00 Authorize the City Manager to: A. Enter into Memorandum of Agreement with each of the neighborhood groups listed above, and;. Be Transfer $38,500 from Fund 76, Project No. 206086-76 to the new accounts outlined in the financing section. DISCUSSION• The NP's primary goal is to promote neighborhood self-help by encouraging residents to identify problems in their neighborhoods, propose projects to minimize some of these problems, generate resources to match the NP grant, and implement the projects. This is an ongoing program which has been funded in previous years. The neighborhood groups in the ten target areas compete for funding instead of the funds being equally divided among these target areas. Proposed projects must be CDBG eligible and can range from $500 to $4,000, which is the limit per project. The extent of volunteerism and other cash and in-kind contributions to be generated was given considerable weight in project selection. Selection recommendations were made by a subcommittee of the Community Development Council (CDC). The CDC approved these selections on July 10, 1989. ' Twenty-one requests from the ten target areas were submitted totalling $61,284; the NP funding is $40,000. This amount was authorized under Year XV CDBG (M&C G-8005, April 18, 1989). FINANCING: Sufficient funds are available in Grant Fund No. 76, Project No. 206086-76, Neighborhood Projects, for transfer to the following new accounts: 1. Como Community Motivation and Betterment Project $ 4,000.00 Grant Fund No. 76, Project No. 206086-44 2. Diamond Hill -Jarvis Heights Stay In School $ 3,000.00 Grant Fund No. 76, Project No. 206086-45 3. Far Northside House Painting $ 4,000.00 Grant Fund No. 76, Project No. 206086-46 4. Mid -South Neighborhood Senior Citizens Program $ 2,500.00 Grant Fund No. 76, Project No. 206086-47 5. Fairmount Historic Houses Paint Program $ 3,000.00 Grant Fund No. 76, Project No. 206086-48 6. Worth Heights Operation Can Do and Parents Too! $ 3,000.00 Grant Fund No. 76, Project No. 206086-49 7. North Fort Worth Rat Patrol Project $ 4,000.00 Grant Fund No. 76, Project No. 206086-50 8. Near Northside Beautification Project $ 4,000.00 Grant Fund No. 76, Project No. 206086-51 Minutes of City Council M-3 Page 338 3`39 TUESDAY, JULY 25, 1989 M&C C-11763 cont. 9. Stop Six Exterior Painting and Minor Home Repairs $ 4,000.00 approved Community Grant Fund No. 76, Project No. 206086-52 Development Block Hayor and Council Communication No. C-11763, be adopted. M&C C-11764 re There was presented Mayor and Council Communication No. C-11764 f-oi the City Grant Year XV 10. Near Southeast Newsletter Order No. 2 with $ 3,:,)0.)) Neighborhood Grant Fund No. 76, Project No. 206086-53 Projects with for Keller -Haslet RECOMMENDATION: various community 11. Polytechnic Heights NAC and the Fort Worth Police $ 4,Ci.0.0) centers East Division Senior Citizen Program Manager to increase City Secretary Contract No. 16916 wits O-val Grant Fund No. 76, Project No. 206086-54 On January 17, 1989 (M&C C -11417)i the City Counc'1 awarded a contract in the amount of $3,985,530.79 to 0^val Hall Excavating/Concho Construction Joint.Venture to const^act Keller -Haslet Road and a short section of Heritage Parcgay from Keller -Haslet Road to Henrietta Creek.at Alliance Airpo-t. This contract was assigned City Secretary Contract No. 16916. Work on this contract is well underway. ,On May 30, 1989 (M&C C-11674), t -e City Council approved Change Order No. 1 in the anoint of $23,400.00 increasing the contract amount to $4,008,930.79. PROPOSED CHANGF OROFR NO. 9--, A determination has been made that all lighting and t•affic c,ont,ol conduits in the area covered by this construction project should )e installed prior to completion of any portion of t -e pavement process, rather than boring later under a follow-oi lig,tir3 contract. This will require installing an additional 1,065 l'iear feet of 6", 4" and 2" schedule 40 PVC conduit under this cont^act. The contractor has agreed to install this additional corda't fo^ a total price of $8,206.40 and five (5) additional caleidar days. Engineering staff has reviewed thi s. proposal and fiids it to ie fair and proper to eliminate unnecessary rework and ex )ense in tie future, PROJECT COST: Original Contract Cost: $3,985,53).79 Approved Change Order No. 1: $ 23,400.0) Proposed Change Order No. 2: $ 8,2(6.40 Proposed Contract Cost: $4,017,137.19 Combined with previously approved Change Order No. 1, ap)raval of proposed Change Order No. 2 will result in an inc,ease to tie original contract amount 0.79%. FINANCING: Sufficient funds are available in New Development Fund 9), 'ro;ect No. 136061-00, Keller -Haslet Road, to finance this Cia,ge 0 -der. The expenditure will be made from Index Code 621458. M&C C-11764 adopte It was the consensus of the City Council that the recommendation, as coitaired in Mayor and Council Communication. No. C-11764, be adopted. M&C C-11765 re There was presented Mayor and Council Communication No. C-11765 f -on the City authorized a pro- va'ager stating that the City Manager was authorized to submit a g'ant application on fessional Services Nay 30, 1989, to Texas Department of Commerce for a planning grant under tke p•ovisions Contract with of Title III of DTPA; that the grant application was subsequently ap),oved in an amount John G.� Chamberlin of $50,000.00; that, due to time constraints and lack of sufficient staff to perform Attorney at Law fo re: aired planning functions for Title III, it was necessary to see( tie se -vice of an consultant service contract Title III JOb Training Part- nership Act Minutes of City Council M-3 Page 339 The expenditure will be made from Index Code 500330. Indirect :cost will not be charged to these projects s'nce n) personnel cost is involved. M&C C-11763 adopte It was the consensus of the City Council that the recommendatiins, as contained in Hayor and Council Communication No. C-11763, be adopted. M&C C-11764 re There was presented Mayor and Council Communication No. C-11764 f-oi the City approved Change Yaiager, as follows: Order No. 2 with Orval Hall Excavat SUBJECT: PROPOSED CHANGE ORDER NO. 2 KELLER-HASLET ROA) AV) i ng/Concho Constru - ..HERITAGE PARKWAY (ALLIANCE AIRPORT) tion Joint Venture for Keller -Haslet RECOMMENDATION: Road and Heritage Parkway at Alliance It is recommended that the City Council approve pro)osed Charle Airport Order No. 2 in the amount of $8,206.40 and authorize the City Manager to increase City Secretary Contract No. 16916 wits O-val Hall Excavating/Concho Construction Joint Venture to $4,017,137.19 and 232 calendar. days to construct Keller -Haslet Road and ieritage Parkway at Alliance Airport. BACKGROUND:, On January 17, 1989 (M&C C -11417)i the City Counc'1 awarded a contract in the amount of $3,985,530.79 to 0^val Hall Excavating/Concho Construction Joint.Venture to const^act Keller -Haslet Road and a short section of Heritage Parcgay from Keller -Haslet Road to Henrietta Creek.at Alliance Airpo-t. This contract was assigned City Secretary Contract No. 16916. Work on this contract is well underway. ,On May 30, 1989 (M&C C-11674), t -e City Council approved Change Order No. 1 in the anoint of $23,400.00 increasing the contract amount to $4,008,930.79. PROPOSED CHANGF OROFR NO. 9--, A determination has been made that all lighting and t•affic c,ont,ol conduits in the area covered by this construction project should )e installed prior to completion of any portion of t -e pavement process, rather than boring later under a follow-oi lig,tir3 contract. This will require installing an additional 1,065 l'iear feet of 6", 4" and 2" schedule 40 PVC conduit under this cont^act. The contractor has agreed to install this additional corda't fo^ a total price of $8,206.40 and five (5) additional caleidar days. Engineering staff has reviewed thi s. proposal and fiids it to ie fair and proper to eliminate unnecessary rework and ex )ense in tie future, PROJECT COST: Original Contract Cost: $3,985,53).79 Approved Change Order No. 1: $ 23,400.0) Proposed Change Order No. 2: $ 8,2(6.40 Proposed Contract Cost: $4,017,137.19 Combined with previously approved Change Order No. 1, ap)raval of proposed Change Order No. 2 will result in an inc,ease to tie original contract amount 0.79%. FINANCING: Sufficient funds are available in New Development Fund 9), 'ro;ect No. 136061-00, Keller -Haslet Road, to finance this Cia,ge 0 -der. The expenditure will be made from Index Code 621458. M&C C-11764 adopte It was the consensus of the City Council that the recommendation, as coitaired in Mayor and Council Communication. No. C-11764, be adopted. M&C C-11765 re There was presented Mayor and Council Communication No. C-11765 f -on the City authorized a pro- va'ager stating that the City Manager was authorized to submit a g'ant application on fessional Services Nay 30, 1989, to Texas Department of Commerce for a planning grant under tke p•ovisions Contract with of Title III of DTPA; that the grant application was subsequently ap),oved in an amount John G.� Chamberlin of $50,000.00; that, due to time constraints and lack of sufficient staff to perform Attorney at Law fo re: aired planning functions for Title III, it was necessary to see( tie se -vice of an consultant service contract Title III JOb Training Part- nership Act Minutes of City Council M-3 Page 339 3/1-® TUESDAY, JULY 25, 1989 M&C C-11765 cont. outside consultant, which services were to be paid for with funds from this grant; that contract with Johr The Working Connection staff expanded the scope of services, so that the amount of the G. Chamberlin for contract now exceeds $5,000.00; that funds are available in Grant Fund No. 76, Project consultant servi- No. 405467-01, Index Code 511154; and recommending that the City Manager be authorized ces contract Titic to enter into a professional services contract with John G. Chamberlin, Attorney at III Job Training Law, in an amount not to exceed $10,000.00. It was the consensus of the City Council Partnership Act that the recommendation be adopted. M&C C-11766 re There was presented Mayor and Council Communication No. C-11766 from the City authorized amend- Manager stating that contracts for implementation of Job Training Partnership Act Title ments to Fort IIA plan for program year 1988 was authorized on June 28, 1988 by Mayor and Council Worth boys 61ub, Communication No. C-11047; that the City of Fort Worth subsequently entered into a Inc. for Job contract with the Fort Worth Boys Club for the amount of $9,271.00 to provide a Job Search Club, and Search Club for the period July 1, 1988, to June 30, 1989; that a contract was also Association for executed with the Association for Retarded Citizens in the amount of $104,831.00 to Retarded Citizens provide On -the -Job Training for the contract period July 1, 1988, to June 30, 1989; of the United .i that, both organizations, -due to higher levels of program participation found it States, Inc. for necessary to add staff to meet this higher demand; that funds are available in Grant the On -the -Job i. Fund No. 76, Project No. 405407-03, and 405407-05, Index Code 510008; and recommending Training Program that the City Manager be authorized to execute amendments to the Job Training Partnership Act Title IIA contracts for program year 1988, to allow for payment for approved expenditures made during contract term with Fort Worth Boys Club, Inc., for the Job Search Club, adding $2,023.00 to the contract for a total .amount of $11,294.00 and with the Association for Retarded Citizens of the United States, Inc., for the On -the -Job Training Program adding $1,000.00 to the contract for a total amount of $105,831.00. It was the consensus of the City Council that the recommendations be adopted. M&C C-11767 re It was the consensus of the City Council that Mayor and Council Communication withdrew from the No. C-11767, Temporary Closure of Third Street between Throckmorton and Houston agenda Streets, be withdrawn from the agenda. M&C C-11768 re There was presented Mayor and Council Communication No. C-11768 from the City contract with the Manager recommending that the City Manager be authorized to execute a ten-month Women's Center of contract with the Women's Center of Tarrant County for the period of August 1, 1989, to Tarranty County May 31, 1990, in the amount of $283,333.00 for administration and case management of the Rental Assistance Program ($108,333.00), and rental subsidy payments in the amount of $175,000.00 for up to 79 families; authorize transfer of $8,333.00 from Grant Fund 76, Project No. 206086-22, Rental Assistance P-�ogram, to Grant Fund 76, Project No. 206086-79, Rental Assistance Demonstration Program which will be added to the $100,000.00 available in Grant Fund 76, Project No. 206086-79, Rental Assistance Demonstration Program; and authorized the expenditure of an additional $200,000.00 for rental subsidies of which $34,210.00 will be used to provide housing for eleven (11) additional families during the ten-month contract with the remainder of the $200,000.00 to be used to provide subsidies for families beginning June 1, 1990, with funds made up of $100,733 from Grant Fund 76, Project No. 206081-24 Rental Assistance Demonstration Program and $99,267.00 from Grant Fund 76, Project No. 206080-24, Rental Assistance Demonstration Program; and with use of these funds contingent upon the U.S. Department of Housing and Urban Development granting a waiver allowing these previously obligated funds to be used for this purpose. On motion of Council Member Garrison, seconded by Council Member Murrin, the recommendations were adopted. M&C FP -2593 re There was presented Mayor and Council Communication No. FP -2593 from the City Accepted as com- Manager stating that construction of the Diamond Hill/Jarvis Branch Library has been ple to Diamond Hillf completed in accordance with plans and specifications under Contract No. 16675 awarded Jarvis Brnach to T.W. Foster, Inc., on September 20, 1988; and recommending that the City Council Library to T.W. accept as complete the construction of Diamond Hill/Jarvis Branch Library and authorize Foster, Inc. the release of retainage and final payment on City Secretary Contract No. 16675 in the amount of $31,048.30 to T..W. Foster, Inc., with funds available in Library Improvements Fund 65, Account No. 205-016675. It was the consensus of the City Council that the recommendations be adopted. It appearing to the City Council that Resolution No. 1431 was adopted on July 6, 1989, setting today as the date for hearing in connection with the recommended changes and amendments to Zoning Ordinance No. 3011 and that notice of the hearing has been given by publication in the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, Texas, on July 7, 1989, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Doris Bennett Mrs. Doris Bennett, 4011 Stanley, appeared before the City Council and re opposition to expressed opposition to the application of E.W. Kirkpatrick for a change in zoning of the application of property located at 3816 McCart Avenue from "E" Commercial to "F -R" Restricted E.W. Kirkpatrick Commercial, Zoning Docket No. Z-89-050. Z-89-050 Mayor Pro tempore Gilley made a motion, seconded by Council Member Zapata, that the application of E.W. Kirkpatrick for a change in zoning of property located 3816 McCart Avenue from "E" Commercial to "F -R" Restricted Commercial, Zoning Docket No. Z-89-050, be continued for one week. When the motion was put to a vote by the Mayor, it prevailed unanimously. There being no one else present desiring to be heard in connection with recommended changes and amendments to Zoning Ordinance No. 3011, Mayor Pro tempore Gilley made a motion, seconded by Council Member Murrin, that the hearing be closed and that recommended changes in zoning as covered by Zoning Docket Nos. Z-89-047, Z-89-048, Minutes of City Council M-3 Page 340 3/11 TUESDAY, JULY 25, 1989 Z-89-049, Z-89-051, and Z-89-052 be approved.: When the motion was pat to a vote by the Mayo, it 3^evailed unanimously.- Introduced nanimouslyIntroduced an payor Pro tempore Gilley introduced an ordinance and made a -lotion that it be Ordinance adoated. T'e motion was seconded by Council Member Murrin. The motion, carrying with i-. tte ado)tion of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council He -)e -s Zapata, Garrison, Granger, McCray, Murrin, and Webber N' ---S: None A3SEVT: Council Member Chappell r Ordinance No. 10351 M&C G-8137 re Tax Abatement Agreement with Fi.n Line, Inc., J. Clark Nowlin, and Sundance Square Tie o ^d' nance, as adopted, is as' follows: ORDINANCE NO. 10351 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONIDG ORDINANCE, ORDINANCE NO. 3011, AS AMENDED, SAM: BEING AN ORDINANCE REGULATING AND RESTRICTIt3 THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE C1 OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, TF': SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY CF POPULATION, AND FOR SUCH PURPOSES DIVIDING TI -E MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS AND SHOWING SUCi DISTRICTS AND THE BOUNDARIES THEREOF UP(� "DISTRICT MAPS"; PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL; CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION A� NAMING AN EFFECTIVE DATE.. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 0= :ORT WORTH, TEXAS: SECTION 6. That any person, firm or corporation who vi)"ates, disobeys, omits, neglects or refuses to comply with or 0o resists the enforcement of any of the provisions of this ordinarce sial be fined not more than One Thousand Dollars ($1,000.00) f o each offense. Each day that a violation is permitted to exist scall constitute a separate offense. It appearing to the City Council that on July 11, 1989, Nayor and Council Comm,nication No. G-8111 was adopted setting today as the date as a piblic hearing to c inside^ tie proposed tax abatement agreement with Fine Line, Inc., aid Sindance Square. Bayo Bolen asked if there was anyone present desiring to be heard. Attention of the City Council was called to Mayor and C)uncil Communication No. G-8137 from the City Manager, as follows: SJBJECT: PUBLIC HEARING AND RESOLUTION CONCERNING THE PZ)')S:) TAX ABATEMENT AGREEMENT WITH FINE LINE, INC. Ah) S.!DANCE SQUARE R=COMMENDATION: It is recommended that the City Council take the following actions regarding the proposed Tax Abatement Agreement: 1. Hold a public hearing. 2. Adjourn the public hearing. 3. Adopt the resolution (Attachment A) which: a. Finds that the project is feasible and practical, tte best use of the site and in the best interest to the City after the expiration of the tax abatement agreement; b. Finds that notice of this public hearing and co:ies of the attached proposed Tax Abatement Agreement were nai'ed by Minutes of City Council M-3 Page 341 32 TUESDAY, JULY 25, 1989 M&C G-8137 cont. certified mail to all affected taxing units on July 14, Tax Abatement 1989 in accordance with state law; and Agreement with Fine Line, Inc., c. Authorizes the City Manager to enter into a Tax Abatement J. Clark Nowlin, Agreement (Attachment B) with Fine Line, Inc. and Sundance and Sundance Square in accordance with the Policy Statement for Tax Square Abatement to Qualifying Downtown Residential Projects which was adopted by .the City Council on March 21, 1989 (M&C G-7974).. BACKGROUND: On March 21,'1989, the City Council adopted M&C G-7974, which established the guidelines and criteria for tax abatement to Qualifying Downtown Residential Projects. On March 28, 1989, the City Council adopted M&C G-7981, which established the downtown tax abatement reinvestment zone. In accordance with the Council adopted policy statement, information about Sundance West Phase I was distributed to City departments for internal review and comment. City staff expressed support for the project and recommended proceeding, recognizing that the project must still complete the usual City procedures such as building permits and right-of-way encroachment committee reviews. The proposed tax abatement agreement has been reviewed by the City Attorney's Office with input from attorneys for the school board and the county. In addition, all affected taxing units received copies of the proposed agreement and notice of the public hearing. In accordance with the Council approved Policy Statement, the proposed Tax Abatement Agreement would authorize an abatement of the increase in valuation of the property over its value in the year the abatement agreement is executed. The abatement period shall be for ten (10) years beginning January 1, following the certificate of occupancy and up to three years during construction. If a project is not completed and a certificate of occupancy is not issued within three years of the signing of the abatement agreement, the City has the right to cancel the abatement agreement and reclaim any abated taxes. On motion of Mayor Pro tempore Gilley, seconded by Council Member Zapata, the recommendations, as contained in Mayor and Council Communication No. G-8137, were adopted. Introduced a Mayor Pro tempore Gilley introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member Zapata. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Murrin, and Webber NOES: None ABSENT: Council Member Chappell The resolution, as adopted, is as follows: Resolution No.II CITY OF FORT WORTH. 1 451 COUNCIL RESOLUTION NO. 1451 WHEREAS, Fine Line, Inc, and Sundance Square have requested that the City of Fort Worth enter into a Tax Abatement Agreement by and between the City of Fort Worth and Fine Line, Inc. and Sundance Square; and WHEREAS, the City'Council gave public notice and conducted a public hearing to receive comments regarding the proposed Tax Abatement Agreement; and WHEREAS, all affected taxing units were notified of this public hearing and the proposed tax abatement agreement; and WHEREAS, upon full review and consideration of the agreement, and all matters attendant and related thereto, the City Council is of the opinion that the terms and conditions thereof should be approved, and that the City Manager shall be authorized to execute it on behalf of the City of Fort Worth; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Minutes of City Council M-3 Page 342 33 TUESDAY, JULY 25, 1989 esolution No. A. THAT the subject property that is descried in tre Ag,-eement 451 is located within Tax Abatement Reinvestment Zoie �o. O -e (1), which was established by City Ordinance "o. 1)281. B. THAT the Ci ty Counci 1 f nds that the p ^o; ect is feasi )' a and practical, the best use of the site and ii t,e )est in*�;e^est to the City after the expiration of tie tax abate-ent agreement. C. THAT the City Council finds that notice of tris )ablic tiear'ng and copies of the attached proposed Tax Abateieit Ag^ee-ient were mailed by certified mail to all affected taxing units in accordance with state law. D. THAT the City Council finds that the to -ms and cond't'ons of the Agreement and the property subject to tie Ag^ee-ent, having been reviewed by the City Counci of the City and foind to be in accordance with the Policy Stateient fo^ Tax Abatement to Qualifying Downtown Residential '^o;ects established by City Resolution No. 1401 and the )^ov'sions of Subchapter B, Municipal Tax Abateme-t - Local Tax Code, Vernon's Texas Civil Statutes, Sections 312.201 through 312,209, and found to be acceptable and in tte )est inte^ests of the City of Fort Worth and its citizens, a^e he^e)y in all things approved. E. THAT the City Manager is hereby author'zed to execute and deliver the Agreement and all other doc.ments in connection therewith on behalf of the City of Fo^t Wo^th, Sibstantia' ly according to the terms and conditions set fo^ti 'n the Agreement at the appropriate time and as a3p^oved by tie City Attorney or his assistant. F THAT this resolution shall take effect fron ands afte^ its final date of adoption, and it is accord' ig' y so o ^de ^ed. r. Thomas Bruner ids Pro ject Mr. Thomas Bruner, Director of. Community Out^eaci Cente^ Aids Project, a >>ea ^ed before the City Council and gave an update on the Aids P ^o; ect and presented leaflets regarding the project; and advised the City Council of tie )J^pose of the Aids Project., providing direct service to Aids victims and/o^ families; eaucating and emoti)nally supporting families; and general community aid ed.cati m al services. Mayor Bolen expressed his appreciation to Mr. Bruner and his o^gaiizat'on f o^ tie work that 0 ey did involving the Aids Project and for bringing the City Council tre a)date. r. Dwayne Lovell e Mr. Dwayne Lovell, speaking on behalf of Ron Lewaidoski, ap)ea^?d before the pushcarts City Council and requested the City Council to amend City Ordinance No. 9880 regarding pis,ca^ts by the deletion of the phrase "private prope^ty" a -d ")^ivate right-of-way in Section 20-163(c); by the deletion of "nor shall any cano)y be ised to dis)lay any kind of advertising or writing or art work or display of aiyt-irg otie^ ttan the canopy in its natiral state" in Section 20-163(c), Paragraph 2, and to e)lace wits "a canopy or u-)^ella can display writing or art work to define brand or ty)e of prodict offered by tat )articular pushcart"; and by changing Section 20-166A to ^ead "no sale or offering to sale shall be made from any pushcart located of pu)l'c p^ope^ty or public right-of-way at anytime between 9:00 p.m. and 7:00 a.m. City 4anage^ -a-man advised N^. Lovell that the recommendations would be reviewed and that N^. Rick; Hay of the City Manage^"s Office would be in contact with him. &C G-8140 re ertificates There was presented Mayor and Council Comminicati)n Vi. G-8140, dated f Obligations Aril 2i, 1989, from the City Manager, as follows: SUBJECT: SALE OF $10,700,000 CITY OF FOIT WO117i, T:XAS, CERTIFICATES OF OBLIGATIONS, SERIES 1989 RECOMMENDATION: It is recommended that the $10,700,000.0) City of Fort Worth, Texas, Certificates of Obligation, Series 198) be sold ti the bidder offering the lowest interest cost, S r*th Ba^ney, at an average effective interest rate of 6.8364)% and tat t,e City Council adopt Ordinance No. 10342 authoriziig tie issiaice of $10,700,000.00 certificates. DISCUSSION: Bids for $10,700,000 City of Fort Worth, Texas, Certificates of Obligations, Series 1989, were received today (Tiesday, mealy 25, 1989) at 10:00 A.M. A summary of the ave^a a ainial effective rates for the bids is shown below: Smith Barney Kidder Peabody & Co. Bank I, Texas Capitol Markets & Assoc. N C N B Texas Clayton Brown & Assoc. Chicago Minutes of City Council M-3 Page 343 6.8364) 6.8477)1 6.8518,7 6.86751 6.8793 344 M&C G-8140 cont. Certificates of Obligations Mr. Judson Bailif- re M&C G-8140 Certificates of Obligations Met in closed or Executive session Reconvened into regular session Adjourned TUESDAY, JULY 25, 1989 Underwood Newhouse 6.89760 Harris Trust & Savings & Assoc. 6.9436 Prudential Bache Securities & Assoc. 6.9509 Marine Midland Capital Markets Corp. 6.96597 Goldman Sachs & Co. 7.028689 Mr. Judson Bailiff, Finance Director, appeared before the City Council and advised the City Council that nine of the bids received for the sale of $10.7 million City of Fort Worth, Texas, Certificates of Obligation were under seven percent and that the City received a good rate at.6.83640 percent with the firm of Smith Barney. Mayor Pro tempore Gilley made a motion, seconded by Council Member Zapata, that the recommendation, as contained in Mayor and Council Communication No. G-8140, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. It was the consensus of the City Council that City Council meet in closed or executive session to seek the advice of its attorney with respect to pending litigation regarding Paula Payne versus City of Fort Worth, No. 141-102625-87 and State versus W.N. Otwell as authorized by Section 2(e), Article 6252-17, V.A.C.S., the Texas Open Meeting Act. The City Council reconvened into regular session with all members present. There being no further business, the meeting was adjourned. i TY SECRETARY Minutes of City Council M-3 Page 344