HomeMy WebLinkAbout1989/10/17-Minutes-City CouncilTuesday, October 17, 1989
CITY COUNCIL MEETING
OCTOBER 17, 1989
Council Met On the 17th day of October, 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 William
N. Garrison, Kay Granger, Eugene McCray, Steve Murrin, Jr., Virginia Nell Webber, and
David Chappell; City Manager David Ivory; City Attorney Wade Adkins; City Secretary
Ruth Howard; Council Member Louis J. Zapata absent; with more than a quorum present, at
which time the following business was transacted:
Invocation
The invocation was given by The Reverend Donald Scott, Pastor of University
United Methodist Church.
Pledge of
Appointed Council
Allegiance
The Pledge of Allegiance was recited.
Minutes of regular
On motion of Mayor Pro tempore Gilley seconded by Council Member Murrin, the
meeting of October
minutes of the regular meeting of October 10, 1989, and recessed meeting of October 12,
10, 1989 and re-
1989, were approved.
cessed meeting of
October 12, 1989
A proclamation for Red Ribbon Week was presented to Ms. Cindy Hardy,
approved
Southwestern Bell Telephone Company.
Proclamation - Red
view Committee
Ribbon Week
A proclamation for TCU/Fort Worth Weekend was presented to Ms. Kristen
Proclamation - TCU/
Chambers, Student Body President.
fort Worth Weekend
Withdrew M&C Nos.
City Manager Ivory requested that Mayor and Council Communication Nos. G-8268
G-8268, C-11926
and C-11926 be withdrawn from the agenda.
from agenda
Directors appoint-
Withdrew M&C No.
City Manager Ivory requested that Mayor and Council Communication No. P-3769
P-3769 from consent
be withdrawn from the consent agenda.
agenda
Consent agenda was
On motion of Council Member Chappell, seconded by Council Member Granger, the
approved
consent agenda was approved.
Minutes of City Council N-3 Page 187
Appointed Council
Mayor Bolen made a motion, seconded by Council Member Garrison, that Council
Member David Chap-
Member David Chappell be appointed to the Arts Council Grant Review Committee. When
pell to the Arts
the motion was put to a vote by the Mayor, it prevailed unanimously.
Council Grant Re-
view Committee
Mayor Pro tempore Gilley made a motion, seconded by Council Member Murrin,
Tarrant Appraisal
that consideration of the Tarrant Appraisal District Board of Directors appointment be
District Board of
continued until the end of the agenda. When the motion was put to a vote by the Mayor,
Directors appoint-
it prevailed unanimously.
ment cont. until
end of agenda
Council Member Chappell made a motion, seconded by Council Member Murrin,
Council Member
that Council Member Louis J. Zapata be designated as Deputy Mayor Pro tempore for
Louis J. Zapata be,
Ceremonial Purposes for the trip to Japan.
designated as
Deputy Mayor Pro
Mayor Bolen introduced a resolution and made a motion that it be adopted.
tempore for Cere-
The motion was seconded by Council Member Chappell. The motion, carrying with it the
monial Purposes for
adoption of said resolution, prevailed by the following vote:
the trip to Japan
Introduced a
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison,
Resolution
Granger, McCray, Murrin, Webber, and Chappell
NOES: None
ABSENT: Council Member Zapata
The resolution, as adopted, is as follows:
RESOLUTION NO. 1476
Resolution No.
1476
ENDORSING THE FREEPORT AMENDMENT, PROPOSITION FIVE,
IN THE NOVEMBER 7, 1989, CONSTITUTIONAL AMENDMENT ELECTION
WHEREAS, Texas is the only state that now imposes ad
valorem property taxes on business inventories held in the state
temporarily; and
WHEREAS, every other state has a "freeport" or "goods -in -
transit" exemption or relief; and
WHEREAS, Texas companies are at a disadvantage in selling
their goods in other states and countries as a result; and
WHEREAS, experts agree that passage of a Freeport
Amendment would spur the creation of jobs in Texas, especially in
high tech and manufacturing industries; and
Minutes of City Council N-3 Page 187
Resolution No.
1476 cont.
&C OCS-25 re
iability bonds or
ancellation
&C OCS-25 adopted
&C OCS-26 Claims
r. and Mrs. Charles
. Becker h
onnell Spain
Tuesday, October 17, 1989
WHEREAS, the City of Fort Worth and the Fort Worth
Chamber of Commerce supported the placement of such an amendment on
the November ballot; and
WHEREAS, the City worked with others to include specific
allowance of aircraft machinery parts in the exemption amendment
while competing to secure the American Airlines maintenance
facility in Fort Worth; and
WHEREAS, the Texas Legislature approved for submission to
the voters a Freeport Amendment to the Texas Constitution which
will appear on the November ballot as Proposition Five; and
WHEREAS, the City Council and staff of the City of Fort
Worth believe that passage of the amendment will encourage economic
growth, job creation and diversification of our economy and is
vital to our growth;
NOW, THEREFORE BE IT RESOLVED by the CITY COUNCIL of the
CITY OF FORT WORTH that the Council hereby endorses the Freeport
Amendment, Proposition Five, and commends its approval to the
voters of our area on November 7, 1989.
On motion of Council Member Chappell, seconded by Mayor Pro tempore Gilley,
consideration and vote on salary change for City Secretary, City Attorney, and City
Auditor be continued until after the executive session. When the motion was put to a
vote by the Mayor, it prevailed unanimously.
There was presented Mayor and Council Communication No. OCS-25 from the
Office of the City Secretary recommending that the City Council authorize the
acceptance or cancellation of liability bonds, as follows:
CONTRACTORS BOND
Bill Bullard dba
Bullard Contractors
CEMENT BONDS
W.C. Allen and Sons
Bob Butler Construction
Milton E. Allen Construction
ITINERANT VENDORS BOND
Susan Howard dba
Suzie Q's Fashions
CANCELLATIONS
CEMENT BONDS CANCELLATION DATE
Karcee Corporation 11-5-89
#300069
J.R. Cantu, Inc. 11-5-89
#300027
INSURANCE COMPANY
Employers Mutual
Casualty Co.
Western Surety Company
Western Surety Company
Western Surety Company
Universal Surety of
America
INSURANCE COMPANY
Eagle Insurance Company
Eagle Insurance Company
It was the consensus of the City Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. OCS-26 from the
office of the City Secretary recommending that the City Council refer notices of claims
for alleged damages and/or injuries to the Risk Management Department, as follows:
1. Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
2. Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Dr. and Mrs. Charles M. Becker
October 10, 1989
August 7, 1989
3704 Fox Hollow
$5,767.09
Claimants allege damages to their
property as the result of a sewer
backup.
Connell Spain
October 10, 1989
September 11, 1989
Kroger Food Store (4812 South
Freeway)
$90,000,000.00 - compensatory
damage and $60,000,000.00 -
punitive
Minutes of City Council N-3 Page 188
Connell Spain's
claim cont.
David Byron Haynie
Dr. M.D. Conte
Lone Star Gas
Company
Lone Star Gas
Company
Lone Star Gas
Company
Myles F. Sweeney
Margaret Sewell
M&C OCS-26 adopted
M&C OCS-27
Correspondence fr
Riverside -Texaco,
Z-89-89
Tuesday, October, 17, 1989
Nature of Incident: Claimant alleges damages and
injuries as the result of actions
taken by Fort Worth Police
personnel.
3. Claimant: David Byron Haynie
Date Received: October 9, 1989
Date of Incident: Undeclared
Location of Incident: Fort Worth Auto Pound
Estimate of Damages/
Injuries: $89.98 plus tax each - $253.00
Nature of Incident: Claimant alleges damages to his
automobile while it was being
stored at the Fort Worth Auto
Pound.
4. Claimant: Dr. M.D. Conte
Date Received: October 5, 1989
Date of Incident: May 1989
Attorney: Bishop, Payne, Lamsens & Brown
(Colton P. Johnson)
Location of Incident: 5136 Jacksboro Highway
Estimate of Damages/
Injuries: $10,000.00
Nature of Incident: Claimant alleges damages to his
property as the result of heavy
rains causing flooding of his
property.
5. Claimant:- Lone Star Gas Company
Date Received: October 3, 1989
Date of Incident: September 5, 1989
Location of Incident: 5729 & 5733 Walla
Estimate of Damages/
Injuries: $351.40
Nature of Incident: Claimant alleges damages to its 1"
steel I.P.
6. Claimant: Lone Star Gas Company
Date Received: October 3, 1989
Date of Incident: August 15, 1989
Location of Incident: 1520 Barcus Circle
Estimate of Damages/
Injuries: $141.00
Nature of Incident: Claimant alleges damages to its
1/2" I.P. poly service.
7. Claimant: Lone Star Gas Company
Date Received: October 3, 1989
Date of Incident: August 28, 1989
Location of Incident: 1520 Barcus
Estimate of Damages/
Injuries: $72.88
Nature of Incident: Claimant alleges damages to its
1/2" poly service.
8. Claimant: Myles F. Sweeney
Date Received: October 11, 1989
Date of Incident: April 28, 1989
Location of Incident: 5455 Rutland
Estimate of Damages/
Injuries: $14,200.00
Nature of Incident: Claimant alleges damages to his
property as the result of a broken
water main.
9. Claimant: Margaret Sewell
Date Received: October 11, 1989
Date of Incident: Undeclared
Location of Incident: Fort Worth on Hulen Street
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges damages to her
automobile as the result of an
accident involving a City -owned
vehicle (truck).
It was the consensus of the City Council that the recommendations be adopted.
Attention of the City Council was called to Mayor and Council Communication
No. OCS-27 from the Office of the City Secretary submitting correspondence from
Riverside Texaco, Mr. Craig Cartwright, President, submitting a notice for a formal
appeal of Zoning Case No. Z-89-89 before the City Council. It was the consensus of the
City Council that the correspondence be referred to the Office of the City Manager.
Minutes of City Council N-3 Page 189
Tuesday, October, 17, 1989
M&C OCS-28 re City Secretary Howard requested that OCS-28, Request of Texas American Bank
Request of Texas Fort Worth N.A. for Release and Substitution of Securities, be withdrawn from the
American Bank agenda.
Fort Worth N.A. for,
Release and Substi At this time, Mayor Bolen excused himself from the Council table and Mayor
tuti on of Security Pro tempore Gilley assumed his chair.
ties withdrawn from
agenda There was presented Mayor and Council Communication No. OCS-29 from the
M&C OCS-29 re Office of the City Secretary recommending that a resolution be adopted setting the
Setting Zoning regular zoning hearing for November 14, 1989. On motion of Council Member Granger,
Hearing seconded by Council Member Webber, the recommendation was adopted.
Introduced a Council Member Granger introduced a resolution and made a motion that it be
Resolution adopted. The motion was seconded by Council Member Webber. The motion, carrying with
it the adoption of said resolution, prevailed by the following vote:
AYES: Mayor Pro tempore Gilley; Council Members Garrison, Granger,
McCray, Murrin, Webber, and Chappell
NOES: None
ABSENT: Mayor Bolen and Council Member Zapata
The resolution, as adopted, is as follows:
Resolution No.
1477 RESOLUTION NO. 1477
A RESOLUTION PROVIDING FOR A PUBLIC HEARING TO
BE HELD IN THE CITY COUNCIL CHAMBERS AT THE
MUNICIPAL BUILDING IN THE CITY OF FORT WORTH,
TEXAS, ON NOVEMBER 14, 1989, AT 10:00 A.M., FOR
THE PURPOSE OF CONSIDERING THE PROPOSED CHANGES
AND AMENDMENTS TO ORDINANCE NO. 3011, AS
AMENDED, WHICH IS THE COMPREHENSIVE ZONING
ORDINANCE OF SAID CITY, AND PROVIDING THAT SAID
HEARING MAY CONTINUE FROM DAY TO DAY UNTIL
EVERY INTERESTED PARTY AND CITIZEN HAS HAD A
FULL OPPORTUNITY TO BE HEARD.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
That at 10:00 O'clock A.M., Tuesday, November 14, 1989, the City
Council of the City of Fort Worth, which is the legislative body of
said City, will hold a public hearing in the Council Chambers at
the Municipal Building for the purpose of considering changes and
amendments to Ordinance No. 3011, as amended, the Comprehensive
Zoning Ordinance of said City. The purpose of said hearing is to
determine whether or not said Ordinance No. 3011, as amended,
should be amended so that the zoning classification of the
following areas shall be changed as hereinafter described.
Z-89-080 PARCEL 1
BEING one of two tracts of land situated in the L. Cohen
Survey, Abstract No. 290, and the L. Oldham Survey,
Abstract No. 1198, City of Fort Worth, Tarrant County,
Texas, and being a portion of that certain tract of land
conveyed to Ryan Mortgage Company by deed recorded in
Volume 2756, Page 27, D.R.T.C.T., and being more
particularly described by metes and bounds as follows;
BEGINNING at a monument at the most northerly northwest
corner of a tract of land conveyed to Donald M. White by
deed recorded in Volume 8195, Page 2100, D.R.T.C.T., said
point being the intersection of the south line of said
Ryan Mortgage Company tract and the east line of
I.H. #35W (R.O.W. varies), said point also being the
beginning of a non -tangent curve to the left whose radius
is 756.20 feet and whose long chord bears N 29°19'37" E,
252.54 feet;
THENCE along the east line of said I.H. #35W and along
said curve, in a northeasterly direction, through a
central angle of 19°13'29", a distance of 253.73 feet to
a 1/2" iron at the end of said curve;
THENCE N 18°19' E, continuing along the east line of said
I.H. #35W, a distance of 286.86 feet to a monument at the
intersection of the east line of said I.H. #35W and the
south line of I.H. #20 (R.O.W. varies);
THENCE along the south line of said I.H. #20, as follows;
Minutes of City Council N-3 Page 190
Tuesday, Octobers 17, 1989
Resolution No. N 47010' E, 279.26 feet to a monument;
147.7 cont. N 60°10' E, 170.66 feet to a monument;
N 61°17' E, 137.06 feet to a point being the east
boundary line of the L. Cohen Survey, Abstract No.
290 and the west boundary line of the L. Oldham
Survey, Abstract No. 1198;
THENCE along the common line of said L. Cohen and L.
Oldham Surveys in a southerly direction for a distance of
835.54 feet to the common line of the Ryan Mortgage
Company and White tracts;
THENCE N 89047'52" W, along the common line of said Ryan
Mortgage Company and White tracts, 686.88 feet to the
POINT OF BEGINNING and containing 9.715 acres (423,196
square feet) of land.
(Southeast of the intersection of I.H. #820/20 and
I.H. #35W)
Recommended from "E" Commercial and "I" Light Industrial
to "PD -SU" Planned Development/Specific Use to include
all uses allowed in the "I" Light Industrial District
except within the east 200 feet of the site adjacent to
the east property line and abutting Lot 16, Block 17,
Westview Park Addition, Lots 4 through 9, Block 18,
Westview Park Addition, and property owned by E. Cloer
(Volume 2753, Page 524), the following uses shall not be
allowed:
a. Liquor or package store;
b. Apartment hotel;
c. Christmas tree sales;
d. Commercial parking areas;
e. Pawnshops;
f. R.V. Parks;
g. Retail sales with gasoline sales;
h. Commercial swimming pools;
i. Blood banks;
j. Self-service and full-service car wash facilities;
k. Service stations;
1. Softball parks;
m. Amusement enterprises including arcades, bars, beer
gardens, cocktail lounges, drive-ins, lounges, night
clubs, taverns, billiard or pool halls, dance halls,
shooting galleries, skating rinks, and similar
commercial recreational activities;
n. Drive-in businesses, including refreshment stands,
cafes, restaurants, food stores, and similar
activities for the sale of alcoholic beverages;
o. Sexually oriented businesses;
p. Teenage clubs and amusement centers;
q. Automobile, truck, and heavy equipment laundry and
steam cleaning;
r. Blacksmithing, horse shoeing or wagon shop;
s. Automatic collection vending machines for recycling
cans, bottles, etc.;
t. Body and fender work for automobiles and house
trailers;
u. Carnivals;
v. Cereal mills;
w. Chicken batteries and brooders;
x. Coal, coke, or wood yards;
y. Contractor's storage yards;
z. Cooperage works;
aa. Outdoor firewood sales;
bb. Lumber yards;
cc. Machine shops;
dd. Freight terminals;
ee. Motor vehicle junk yards and storage yards;
ff. Spray painting or paint mixing;
gg. Stables, public or riding;
hh. Motor freight terminals;
ii. Welding shops;
jj. Wholesale produce market or wholesale houses;
In addition to the above list of restricted uses, the
following development conditions shall apply as noted:
1. The perimeter of the development fronting on the
I.H. #20 and I.H. #35 frontage road shall be
Minutes of City Council N-3 Page 191
Resolution No.
1477 cont.
Tuesday, October 17, 1989
landscaped and irrigated. A plan will be submitted
for Staff approval illustrating the location of
plant material and irrigation equipment.
2. The east 200 feet of the property adjacent to the
east property line and abutting Lot 16, Block 17,
Westview Park Addition, Lots 4 through 9, Block 18,
Westview Park Addition, and property owned by E.
Cloer (Volume 2753, Page 524), shall be restricted
to one-story buildings.
3. No outdoor storage will be allowed within 75 feet of
the east property line and abutting the lots,
blocks, and property described in Paragraph 2 above.
4. The site plan requirements shall be waived except
for the east 200 feet of the site adjacent to the
east property line and abutting the lots, blocks,
and property described in Paragraph 2 above.
PARCEL 2
BEING one of two tracts of land situated in the L. Cohen
Survey, Abstract No. 290, and the L. Oldham Survey,
Abstract No. 1198, City of Fort Worth, Tarrant County,
Texas, and being a portion of that certain tract of land
conveyed to Ryan Mortgage Company by deed recorded in
Volume 2756, Page 27, D.R.T.C.T., and being more
particularly described by metes and bounds as follows;
THENCE northerly along the common boundary line of said
L. Oldham and L. Cohen Surveys, 835.54 feet to a point
along the east boundary line of I.H. #35W, (R.O.W.
varies) and the south boundary line of I.H. #20 (R.O.W.
varies);
THENCE along the south line of said I.H. #20 as follows;
N 61°17' E, 209.61 feet to a monument;
N 54°46' E, 263.87 feet to a 1/2" iron;
N 64036' E, 51.54 feet to a monument in the east
line of said Ryan Mortgage Company tract and in the
west line of Lot 16, Block 17, Viewpark Addition, an
Addition to the City of Fort Worth, Tarrant County,
Texas, as recorded in Volume 388-17, Page 517,
D.R.T.C.T.; • -
THENCE along the east line of said Ryan Mortgage Company
tract as follows;
S 02°42' W, passing the southwest corner of said
Lot 16, and the northwest and southwest corners of
Savage Drive (a 50 foot R.O.W.), and passing the
northwest corner of a tract of land conveyed to E.
Cloer by deed recorded in Volume 2753, Page 524,
D.R.T.C.T., and continuing, in all, 527.58 feet to
a 1/2" iron;
S 06°40'55" E, 211.60 feet to a 1/2" iron at the
most southerly corner of said Cloer tract in the
west line of Block 18, Viewpark Addition, an
Addition to the City of Fort Worth, Tarrant County,
Texas, as recorded in Volume 388-Z, Page 75,
D.R.T.C.T.;
THENCE S 00006'22" W, 375.00 feet to a 1/2" iron at the
southeast corner of said Ryan Mortgage Company tract
being the POINT OF BEGINNING and containing 8.461 acres
(368,571 square feet) of land.
(Southeast of the intersection of I.H. #820/20 and I.H.
#35W)
Recommended from "A" One -Family to "PD -SU" Planned
Development/Specific Use to include all uses allowed in
the "I" Light Industrial District except within the east
200 feet of the site adjacent to the east property line
and abutting Lot 16, Block 17, Westview Park Addition,
Lots 4 through 9, Block 18, Westview Park Addition, and
property owned by E. Cloer (Volume 2753, Page 524), the
following uses shall not be allowed:
Minutes of City Council N-3 Page 192
Tuesday, October, 17, 1989
Resolution No. a.
1477 cont. b•
c.
d.
e.
f.
9-
h.
i.
j•
k.
1.
m.
n.
o.
P -
q.
r.
S.
t.
u.
v.
W.
x.
y.
z.
aa.
bb.
CC*
dd.
ee.
ff.
99•
hh.
ii.
jj•
Liquor or package store;
Apartment hotel;
Christmas tree sales;
Commercial parking areas;
Pawnshops;
R.V. Parks;
Retail sales with gasoline sales;
Commercial swimming pools;
Blood banks;
Self-service and full-service car wash facilities;
Service stations;
Softball parks;
Amusement enterprises including arcades, bars, beer
gardens, cocktail lounges, drive-ins, lounges, night
clubs, taverns, billiard or pool halls, dance halls,
shooting galleries, skating rinks, and similar
commercial recreational activities;
Drive-in businesses, including refreshment stands,
cafes, restaurants, food stores, and similar
activities for the sale of alcoholic beverages;
Sexually oriented businesses;
Teenage clubs and amusement centers;
Automobile, truck, and heavy equipment laundry and
steam cleaning;
Blacksmithing, horse shoeing or wagon shop;
Automatic collection vending machines for recycling
cans, bottles, etc.;
Body and fender work for automobiles and house
trailers;
Carnivals;
Cereal mills;
Chicken batteries and brooders;
Coal, coke, or wood yards;
Contractor's storage yards;
Cooperage works;
Outdoor firewood sales;
Lumber yards;
Machine shops;
Freight terminals;
Motor vehicle junk yards and storage yards;
Spray painting or paint mixing;
Stables, public or riding;
Motor freight terminals;
Welding shops;
Wholesale produce market or wholesale houses;
In addition to the above list of restricted uses, the
following development conditions shall apply as noted:
1. The perimeter of the development fronting on the
I.H. #20 and I.H. #35 frontage road shall be
landscaped and irrigated. A plan will be submitted
for Staff approval illustrating the location of
plant material and irrigation equipment.
2. The east 200 feet of the property adjacent to the
east property line and abutting Lot 16, Block 17,
Westview Park Addition, Lots 4 through 9, Block 18,
Westview Park Addition, and property owned by E.
Cloer (Volume 2753, Page 524), shall be restricted
to one-story buildings.
3. No outdoor storage will be allowed within 75 feet of
the east property line and abutting the lots,
blocks, and property described in Paragraph 2 above.
4. The site plan requirements shall be waived except
for the east 200 feet of the site adjacent to the
east property line and abutting the lots, blocks,
and property described in Paragraph 2 above.
Z-89-090 ZONING ORDINANCE TEXT AMENDMENT
An Ordinance amending the Comprehensive Zoning Ordinance
of the City of Fort Worth, being Ordinance No. 3011, as
amended, Codified as Appendix "A" of the Code of the City
of Fort Worth, Texas (1986), as amended, by providing
that Parole and Probation Offices shall be permitted in
"F -R" Restricted Commercial District and less restricted
Zoning Districts; By Providing that Parole and Probation
Offices shall be located more than 500 feet (500') from
One or Two Family Residential Districts; Providing for
Non -Conforming Parole or Probation Offices located in
leased facilities.
Minutes of City Council N-3 Page 193
Resolution No.
1477 cont.
Tuesday, October, 17, 1989
Recommended for Approval
Z-89-093 ZONING ORDINANCE TEXT AMENDMENT
An Ordinance amending the Comprehensive Zoning Ordinance
of the City of Fort Worth, being Ordinance No. 3011, as
amended, Codified as Appendix "A" of the Code of the City
of Fort Worth, Texas (1986), as amended, by Providing for
an additional class of Family Home called "Family Home
II" to allow up to eight (8) Disabled Persons but
excluding Chemical Dependent Rehabilitation; By Providing
Regulations Governing Family Home II; By Providing for
the Registration of all types of Family Homes, Group
Homes and Halfway Houses; By Providing for the location
of Family Home II.
Recommended for Approval
Z-89-094 Lot A, Block 8, Original Town of Handley
(3129 Halbert Street)
Recommended from "E" Commercial and "I" Light Industrial
to "I" Light Industrial.
Z-89-095 ZONING ORDINANCE TEXT AMENDMENT
An Ordinance amending Ordinance No. 3011, as amended, The
Comprehensive Zoning Ordinance of the City of Fort Worth,
Texas, Codified as Appendix "A" of the Code of the City
of Fort Worth (1986), as amended, by amending
Section 2-G, "HC" Historic and Cultural Subdistrict to
read "HC" Historic and Cultural Landmark Subdistrict; By
Changing the Name of the Historic and Cultural Advisory
Board to the Historic and Cultural Landmark Commission.
Recommended for Approval
Z-89-096 ZONING ORDINANCE TEXT AMENDMENT
An Ordinance amending Ordinance No. 3011, as amended, The
Comprehensive Zoning Ordinance of the City of Fort Worth,
Texas, Codified as Appendix "A" of the Code of the City
of Fort Worth (1986), as amended, by amending Section 16 -
Accessory Uses, to clarify the Restrictions Governing
Fences in Front Yards.
Recommended for Approval
Z-89-097 Lots 1-4, Block 25, Glen Park Addition
(5301, 5305, and 5309 Erath Street [3501 Mansfield
Highway])
Recommended from "E" Commercial to "PD -SU" Planned
Development/Specific Use for all uses allowed in the "E"
Commercial District and the sale of feed from trucks with
overnight storage. Waiver of site plan recommended.
Z-89-098 Lots 3, 4 and 5, Block E, Overton West Addition
(4301-4375 South Hulen Street)
Recommended from "CF" Community Facilities to "PD -SU"
Planned Development/Specific Use for office and accessory
uses. Waiver of site plan recommended.
Z-89-099 Lot 4, Block 3, E. F. Siedel's Subdivision of Block 12,
Fields -Welch Addition
(1211 Fairmount Avenue)
Recommended from "D" Multi -Family to "F -R" Restricted
Commercial
Z-89-100 Lots 8, 9, 10, 11, 12 and 13, Block 10, Glenwood Addition
(1628 and 1670 East Hattie Drive)
Recommended from "C" Multi -Family, "E" and "F" Commercial
to "PD -SU" Planned Development/Specific Use to allow all
uses in the "E" Commercial District, floral delivery
pool, floral wholesale and indoor storage of flowers.
Minutes of City Council N-3 Page 194
esolution No.
477 cont.
M&C G-8267 re
adopted South
Fort Worth Distric-
Plan
Mrs. Anne Smith
re M&C G-8267
Mr. Bruce McClendoi
re M&C G-8267
Withdrew M&C G-
8268 from agenda
M&C G-8269 re
City's signatory
agent for admini-
stration ob bill
grant funding
Introduced a
Resolution
Resolution No.
1479
Tuesday, October, 17, 1989
That the proposed amendments and changes at this hearing will be
considered in accordance with the provisions of Chapter 211 of the
Texas Local Government Code.
BE IT FURTHER RESOLVED that this Resolution, when published in the
official newspaper of the City of Fort Worth, which is a paper of
general circulation, one (1) time, shall constitute a notice of
hearing, which publication shall be made at least fifteen (15) days
prior to such hearing, and all interested parties are urgently
requested to be in the Council Chambers at the Municipal Building
at the time hereinabove set forth to make any protest or suggestion
that may occur to them, and this hearing may continue from day to
day until every interested party and citizen has had a full
opportunity to be heard.
There was presented Mayor and Council Communication No. G-8267, dated
October 10, 1989, from the City Manager stating that, during 1988-89, the Planning
staff has been working with developers, investors, lending institutions, and other
adjacent cities to develop a district plan for the South Fort Worth area; that,"the
geographic area for this plan is bounded by the west by McCart, on the east of the City
of Mansfield, on the north by Sycamore School Road, and on the south by southern limits
of Fort Worth's ETJ; that the district plan was formulated using the concept of
activity quarters and centers and the neighborhood unit concepts; and recommending that
the City Council adopt the South Fort Worth District Plan and incorporate it into the
City's Comprehensive Plan.
Mrs. Anne Smith, 6116 Ridgeway, appeared before the City Council and stated
that, in her opinion, the citizens of Fort Worth are interested in seeing the proposed
map for the South Fort Worth District Plan and requested that public hearings be held
and that the City Council instruct staff to open communications between the
neighborhoods, developers, and City staff before it comes before the City Council as a
consent agenda item.
Mr. Bruce McClendon, Director of Planning and Growth Management Department,
appeared before the City Council and advised the City Council of the development
procedure for the South Fort Worth District Plan.
Council Member Granger made a motion, seconded by Council Member Chappell,
that the recommendations, as contained in Mayor and Council Communication No. G-8267,
be adopted. When the motion was put to a vote by the Mayor Pro tempore, it prevailed
unanimously.
It was the consensus of the City Council that Mayor and Council Communication
No. G-8268, North/Northwest Fort Worth District Plan, be withdrawn from the agenda.
There was presented Mayor and Council Communication No. G-8269 from the City
Manager stating that federal and state wastewater system construction grant regulations
require a designated signatory agent for each grantee to sign all official grant forms;
that, as part of the application for the subject grant projects, the City Manager was
designated as the signatory agent for the City by Mayor and Council Communication
No. C-10615, dated October 27, 1987 that, to facilitate management of this grant
program, it is requested that the Assistant City Manager be authorized to sign official
grant forms in addition to the City Manager; and recommending that the City Manager, or
his duly authorized representative (Assistant City Manager), be designated as the city
signatory agent for administration of federal grant funding; and that the Mayor be
authorized to sign a resolution attesting to the designation. It was the consensus of
the City Council that the recommendation be adopted.
Council Member Chappell introduced a resolution and made a motion that it be
adopted. The motion was seconded by Council Member Granger. The motion, carrying with
it the adoption of said resolution, prevailed by the following vote:
AYES: Mayor Pro tempore Gilley; Council Members Garrison, Granger,
McCray, Murrin, Webber, and Chappell
NOES: None
ABSENT: Mayor Bolen and Council Member Zapata
The resolution, as adopted, is as follows:
RESOLUTION NO. 1479
WHEREAS, Ruth Ann McKinney deem it necessary and proper
to apply for Federal grant assistance under the Federal Water
Pollution Control Act and the rules and regulations pursuant
thereto.
NOW, THEREFORE, BE IT RESOLVED by the above-named
Applicant that Ruth Ann McKinney, Assistant City Manager, as the
Signatory Agent of the Applicant, or the successor of said Agent,
is hereby authorized and directed to make application for grant
assistance under the Federal Water Pollution Control Act and the
Minutes of City Council N-3 Page 195
Resolution No. 147'.
cont.
&C G-8270 re
urchasing of
udio Processing
quipment for the
olice Department
&C G-8271 re
ransfer of
ommunity Develop-
ent Block Grant
nprogrammed Funds
or Administrative
osts
Tuesday, October, 17, 1989
rules and regulations pursuant thereto, specifically 40 CFR
§ 30.315-1 or § 30.303; and to sign the acceptance of the grant
assistance, when made, and any other documents required to complete
the project, on behalf of the above-named Applicant.
There was presented Mayor and Council Communication No. G-8270 from the City
Manager stating that an error was made on Mayor and Council Communication No. G-8236
approved by City Council on September 26, 1989; and recommending that the City Council
amend a portion of Mayor and Council Communication No. G-8236, Purchasing of Audio
Processing Equipment, Recommendation No. 3, which reads: "authorize the expenditure of
$27,514.00 for the purchase of audio processing equipment for Police Department use" to
read: "authorize the expenditure of $14,553.00 for purchase of audio processing
equipment for Police Department use." It was the consensus of the City Council that
the recommendation be adopted.
There was presented Mayor and Council Communication No. G-8271 from the City
Manager, as follows:
SUBJECT: REQUEST FOR TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT
UNPROGRAMMED FUNDS FOR ADMINISTRATIVE COSTS
RECOMMENDATION:
It is recommended that the City Council amend the Year XV
Community Development Block Grant (CDBG) budget and approve a
transfer of $53,198 from Unprogrammed Funds to cover unanticipated
administrative cost.
DISCUSSION:
When the adopted budget was prepared, staff used, as an estimate,
the then current rates for Health Insurance, Worker's Compensation
and Indirect Costs. New rates have now been established by Risk
Management for health insurance and worker's compensation which are
significantly higher than the original estimates. Health insurance
increased from $1,702 to $2,218 per position and worker's
compensation increased from $332 to $1,296 per position. On the
other hand, the indirect cost rate, approved by HUD, is lower than
the estimate used, decreasing from 23.84% to 20.25%. The result is
a partial off -set to the health insurance and worker's compensation
increases.
In addition, two Administrative Assistant II positions in the
fiscal section have been filled by experienced, current city
employees. The positions were budgeted at the entry level salary
and the result is higher salary requirements than were budgeted of
$7,398.
Three split -funded (CDBG/General Fund) positions are recommended to
be eliminated, or receive reduced funding in the 89-90 General Fund
Budget. It is, therefore, necessary to make the following changes
in CDBG funding.
Human Services Specialist II
Housing Services Administrator
Administrative Assistant II
FY 88-89
50% CDBG/50% GF
75% CDBG/25% GF
50% CDBG/50% GF
FY 89-90
100% CDBG
90% CDBG/10% GF
100% CDBG
These positions have been identified as performing solely or
predominately CDBG related tasks. The recommendation is that
salary, fringe benefits and related expenses of one Human Services
Specialist, in Advisory Support, be increased from 50% to 100% CDBG
funding. It is also recommended the salary, fringe benefits and
related expenses for the Housing Services Administrator be
increased from 75% to 90% CDBG funded. These increases are
recommended to take effect October 1, 1989.
The City Council has repealed the Charitable Solicitations
Ordinance. The Administrative Assistant II, acting as CDC staff
support and in charge of charitable solicitations registration and
staff support, has been reassigned to CDBG contract compliance
responsibilities. Therefore, it is recommended that salary, fringe
benefits and related expenses of this position be increased from
50% to 100% CDBG funded, effective October 1, 1989.
The recommended adjustments also compensate for a Clerk Typist I
position, in Home Improvement Loan/Emergency Repair, which was
inadvertently funded at 50% and should have been 100% CDBG funded.
This recommendation was reviewed and approved by the Community
Development Council on September 11, 1989.
Minutes of City Council N-3 Page 196
M&C G-8271 cont.
M&C G-8271 adopted
M&C G-8272 re
issuance of re-
venue bonds in
water and sewer
system to the
Texas Water De-
velopment Board/
State Water Pollu-
tion control Re-
volving Fund
Introduced an
Ordinance
Ordinance No.
10415
Tuesday, October 17, 1989
FINANCING:
Sufficient funds are available in Grant Fund 76, Project No.
206086-99, Unprogrammed Funds, in the amount of $53,198 to be
transferred to the following accounts:
206086-01
General Administration
$13,332
206086-02
Contract Administration
200
206086-03
Clerical Support
1,050
206086-04
Fiscal Support
8,432
206086-05
Advisory Support
12,918
206086-18
Home Improvement Loan/
17,132
Emergency Repair
206086-73
Neighborhood Resources
134
Development Program
53 198
Expenditure will be made from the various index codes.
It was the consensus of the City Council that the recommendation, as contained in Mayor
and Council Communication No. G-8271, be adopted.
It was presented Mayor and Council Communication No. G-8272 from the City
Manager stating that the Texas Water Development Board approved a loan on August 17,
1989, to the City of Fort Worth in the amount of $33,300,000.00 from the State Water
Pollution Control Revolving Fund; that proceeds from the sale will be used to finance
various improvements to the Village Creek Wastewater Treatment Plant to include
Phase II -B of the 24,000,000 gallons per day expansion, improvements to aeriation
area 3 improvements to the electrical distribution system; and recommending that the
City Council adopt an ordinance authorizing the issuance of $33,300,000 in water and
sewer system revenue bonds, series 1989; and that the bonds be sold to the Texas Water
Development Board/Date Water Pollution Control Revolving Fund, at an average net
effective rate of 5.50 percent. On motion of Council Member Granger, seconded by
Council Member Webber, the recommendations were adopted.
Council Member Granger introduced an ordinance and made a motion that it be
adopted. The motion was seconded by Council Member Webber. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Pro tempore Gilley; Council Members Garrison, Granger,
McCray, Murrin, Webber, and Chappell
NOES: None
ABSENT: Mayor Bolen and Council Member Zapata
The ordinance, as adopted, is as follows:
ORDINANCE NO. 10415'
ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF
CITY OF FORT WORTH, TEXAS WATER AND SEWER
SYSTEM SUBORDINATE LIEN REVENUE BONDS, SERIES
1989
THE STATE OF TEXAS
COUNTIES OF TARRANT AND DENTON
CITY OF FORT WORTH
WHEREAS, the City of Fort Worth, Texas (the "City" or the
"Issuer") has heretofore issued and has outstanding its City of
Fort Worth, Texas Water and Sewer System Revenue Refunding Bonds,
Series 1984, City of Fort Worth, Texas Water and Sewer System
Revenue Bonds, Series 1984A, City of Fort Worth, Texas Water and
Sewer System Revenue Bonds, Series 1985, City of Fort Worth, Texas
Water and Sewer System Revenue Bonds, Series 1986, City of Fort
Worth, Texas Water and Sewer System Revenue Refunding Bonds, Series
1986-A, City of Fort Worth, Texas Water and Sewer System Revenue
Bonds, Series 1987 and City of Fort Worth, Texas Water and Sewer
System Revenue Bonds, Series 1988 (together, the "Previously Issued
Parity Bonds"); and
WHEREAS, in the ordinances authorizing the issuance of the
Previously Issued Parity Bonds (together, the "Prior Lien Bond
Ordinance"), the Previously Issued Parity Bonds were secured by a
first lien on and pledge of the "Pledged Revenues" (as defined in
the Prior Lien Bond Ordinance); and
WHEREAS, the bonds hereinafter authorized are to be issued and
delivered pursuant to Vernon's Annotated Texas Civil Statutes,
Articles 1111 to 1118, inclusive, as amended, and other applicable
laws, for the purpose of extending and improving the City's
combined Water and Sewer System; and
Minutes of City Council N-3 Page 197
Tuesday, October 17, 1989
Ordinance No: WHEREAS, the Texas Water Development Board has committed to
10415 cont. purchase the bonds hereinafter authorized pursuant to Subchapter J
of Chapter 15, Texas Water Code.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
Section 1. BONDS AUTHORIZED. That the City's bonds (the
"Obligations") are hereby authorized to be issued in the aggregate
principal amount of $33, 300, 000 for the purpose of extending and
improving the City's combined water and sewer system, to -wit:
extending and improving the Village Creek Wastewater Treatment
Plant. The Obligations shall be designated as the "City of Fort
Worth, Texas Water and Sewer System Subordinate Lien Revenue Bonds,
Series 1989".
Section 2. DATE AND MATURITIES. That the Obligations shall
be dated November 1, 1989, shall be in the denomination of $5,000
each, or any integral multiple thereof, shall be numbered
consecutively from R-1 upward, and shall mature on the maturity
date, in each of the years, and in the amounts, respectively, as
set forth in the following schedule:
MATURITY DATE: MARCH 1
YEARS AMOUNTS - YEARS AMOUNTS
1991 $1,000,000 2001 $1,800,000
1992 1,000,000 2002 1,900,000
1993 1,100,000 2003 2,000,000
1994 1,200,000 2004 2,100,000
1995 1,200,000 2005 2,200,000
1996 1,300,000 2006 2,400,000
1997 1,400,000 2007 2,500,000
1998 1,500,000 2008 2,600,000
1999 1,600,000 2009 2,800,000
2000 1,700,000
Section 3. RIGHT OF PRIOR REDEMPTION. The City reserves the
right to redeem the Obligations on any date, upon receiving the
prior written consent of the Texas Water Development Board, in
whole or in part, and if in part, in inverse order of maturity, for
the principal amount thereof and accrued interest thereon to the
date fixed for redemption, and without premium; however, if the
State of Texas, acting through the Texas Water Development Board,
no longer owns all of the Obligations, the City may only redeem the
Obligations on March 1, 1999, or on any date thereafter, in whole
or in part, and if in part, in inverse order of maturity, for the
principal amount thereof and accrued interest thereon to the date
fixed for redemption, and without premium.
At least 30 days prior to the date fixed for any such
redemption a written notice of such redemption shall be given to
the registered owner or each Obligation or a portion thereof being
called for redemption by depositing such notice in the United
States mail, postage prepaid, addressed to each such registered
owner at his address shown on the registration books of the Paying
Agent/Registrar. By the date fixed for any such redemption due
provision shall be made by the City with the Paying Agent/Registrar
for the payment of the required redemption price for the
Obligations or the portions thereof which are to be so redeemed,
plus accrued interest thereon to the date fixed for redemption. If
such written notice of redemption is given, and if due provision
for such payment is made, all as provided above, the Obligations,
or the portions thereof which are to be so redeemed, thereby
automatically shall be redeemed prior to their scheduled
maturities, and shall not bear interest after the date fixed for
their redemption, and shall not be regarded as being outstanding
except for the right of the registered owner to receive the
redemption price plus accrued interest to the date fixed for
redemption from the Paying Agent/Registrar out of the funds
provided for such payment. The Paying Agent/Registrar shall record
in the Registration Books all such redemptions of principal of the
Obligations or any portion thereof. If a portion of any Obligation
shall be redeemed a substitute Obligation or Obligations having the
same maturity date, bearing interest at the same rate, in any
denomination or denominations in any integral multiple of $5,000,
at the written request of the registered owner, and in an aggregate
principal amount equal to the unredeemed portion thereof, will be
issued to the registered owner upon the surrender thereof for
cancellation, at the expense of the City, all as provided in this
Ordinance.
Minutes of City Council N-3 Page 198
Tuesday, October, 17, 1989
Ordinance No. Section 4. INTEREST. That the Obligations shall bear
10415 cont. interest at the rate of 5.50% per annum. Said interest shall be
payable to the registered owner of any such Obligation in the
manner provided and on the dates stated in the FORM OF BOND set
forth in this Ordinance.
Section 5. (a) The City shall keep or cause to be kept at the
principal corporate trust office of MTrust Corp, National
Association, Austin, Texas, or such other bank, trust company,
financial institution, or other agency named in accordance with the
provisions of (g) of this Section hereof (the "Paying
Agent/Registrar") books or records of the registration and transfer
of the Obligations (the "Registration Books"), and the City hereby
appoints the Paying Agent/Registrar as its registrar and transfer
agent to keep such books or records and make such transfers and
registrations under such reasonable regulations as the City and
Paying Agent/Registrar may prescribe; and the Paying
Agent/Registrar shall make such transfers and registrations as
herein provided. It shall be the duty of the Paying
Agent/Registrar to obtain from the registered owner and record in
the Registration Books the address to which payments with respect
to the Obligations owned by any such registered owner thereof shall
be mailed as herein provided. The City or its designee shall have
the right to inspect the Registration Books during regular business
hours of the Paying Agent/Registrar, but otherwise the Paying
Agent/Registrar shall keep the Registration Books confidential and,
unless otherwise required by law, shall not permit their inspection
by any other entity. Registration of each Obligation may be
transferred in the Registration Books only upon presentation and
surrender thereof to the Paying Agent/Registrar for transfer of
registration and cancellation, together with proper written
instruments of assignment, in form and with guarantee of signatures
satisfactory to the Paying Agent/Registrar, evidencing the
assignment thereof, or any portion thereof in any integral multiple
of $5,000, to the assignee or assignees thereof, and the right of
such assignee or assignees to have the Obligation or any such
portion thereof registered in the name of such assignee or
assignees. Upon the assignment and transfer of any Obligation or
any portion thereof, a new substitute bond or bonds shall be issued
in exchange therefor in the manner herein provided.
(b) The entity in whose name any Obligation shall be
registered in the Registration Books at any time shall be treated
as the absolute owner thereof for all purposes of this Ordinance,
whether or not such bond shall be overdue, and the City and the
Paying Agent/Registrar shall not be affected by any notice to the
contrary; and payment of, or on account of, the principal of,
premium, if any, and interest on any such bond shall be made only
to such registered owner. All such payments shall be valid and
effectual to satisfy and discharge the liability upon such bond to
the extent of the sum or sums so paid.
(c) - The City hereby further appoints the Paying
Agent/Registrar to act as the paying agent for paying the principal
of and interest on the Obligations, and to act as its agent to
exchange or replace Obligations, all as provided in this Ordinance.
The Paying Agent/Registrar shall keep proper records of all
payments made by the City and the Paying Agent/Registrar with
respect to the Obligations, and of all exchanges of such bonds, and
all replacements of such bonds, as provided in this Ordinance.
(d) Each Obligation may be exchanged for fully registered
bonds in the manner set forth herein. Each bond issued and
delivered pursuant to this Ordinance, to the extent of the unpaid
or unredeemed principal amount thereof, may, upon surrender of such
bond at the principal corporate trust office of the Paying
Agent/Registrar, together with a written request therefor duly
executed by the registered owner or the assignee or assignees
thereof, or its or their duly authorized attorneys or
representatives, with guarantee of signatures satisfactory to the
Paying Agent/Registrar, at the option of the registered Owner or
such assignee or assignees, as appropriate, be exchanged for fully
registered bonds, without interest coupons, in the form prescribed
in the FORM OF BOND set forth in this Ordinance, in the
denomination of $5,000, or any integral multiple of $5,000 (subject
to the requirement hereinafter stated that each substitute bond
shall have a single stated maturity date), as requested in writing
by such registered owner or such assignee or assignees, in an
aggregate principal amount equal to the unpaid or unredeemed
principal amount of any Obligation or Obligations so surrendered,
and payable to the appropriate registered owner, assignee, or
assignees, as the case may be. If a portion of any Obligation
shall be redeemed prior to its scheduled maturity as provided
herein, a substitute bond or bonds having the same maturity date,
Minutes of City Council N-3 Page 199
Ordinance No.
10415 cont.
Tuesday, October, 17, 1989
bearing interest at the same rate, in the denomination or
denominations of any integral multiple of $5,000 at the request of
the registered owner, and in an aggregate principal amount equal to
the unredeemed portion thereof, will be issued to the registered
owner upon surrender thereof for cancellation. If any Obligation
or portion thereof is assigned and transferred, each bond issued in
exchange therefor shall have the same principal maturity date and
bear interest at the same rate as the bond for which it is being
exchanged. Each substitute bond shall bear a letter and/or number
to distinguish it from each other bond. The Paying Agent/Registrar
shall exchange or replace Obligations as provided herein, and each
fully registered bond or bonds delivered in exchange for or
replacement of any Obligation or portion thereof as permitted or
required by any provision of this Ordinance shall constitute one of
the Obligation for all purposes of this Ordinance, and may again be
exchanged or replaced. It is specifically provided, however, that
any Obligation delivered in exchange for or replacement of another
Obligation prior to the first scheduled interest payment date -on
the Obligations (as stated on the face thereof) shall be dated the
same date as such Obligation, but each substitute bond so delivered
on or after such first scheduled interest payment date shall be
dated as of the interest payment date preceding the date on which
such substitute bond is delivered, unless such substitute bond is
delivered on an interest payment date, in which case it shall be
dated as of such date of delivery; provided, however, that if at
the time of delivery of any substitute bond the interest on the
Obligation for which it is being exchanged has not been paid, then
such substitute bond shall be dated as of the date to which such
interest has been paid in full. On each substitute bond issued in
exchange for or replacement of any Obligation issued under this
Ordinance there shall be printed thereon a Paying Agent/Registrar's
Authentication Certificate, in the form hereinafter set forth. An
authorized representative of the Paying Agent/Registrar shall,
before the delivery of any such substitute bond, date such
substitute bond in the manner set forth above, and manually sign
and date such Certificate, and no such substitute bond shall be
deemed to be issued or outstanding unless such Certificate is so
executed. The Paying Agent/Registrar promptly shall cancel all
Obligations surrendered for exchange or replacement. No additional
ordinances, orders, or resolutions need be passed or adopted by the
City Council or any other body or person so as to accomplish the
foregoing exchange or replacement of any Obligation or portion
thereof, and the Paying Agent/Registrar shall provide for the
printing, execution, and delivery of the substitute bonds in the
manner prescribed herein, and said bonds shall be of type
composition printed on paper with lithographed or steel engraved
borders of customary weight and strength. Pursuant to Article
717k-6, V.A.T.C.S., and particularly Section 6 thereof, the duty of
exchange or replacement of. any Obligations as aforesaid is hereby
imposed upon the Paying Agent/Registrar, and, upon the execution of
the above-described Paying Agent/Registrar's Authentication
Certificate, the exchanged or replaced bond shall be valid,
incontestable, and enforceable in the same manner and with the same
effect as the Obligations which originally were delivered pursuant
to this Ordinance, approved by the Attorney General, and registered
by the Comptroller of Public Accounts. Neither the City nor the
Paying Agent/Registrar shall be required (1) to issue, transfer, or
exchange any bond during a period beginning at the opening of
business 30 days before the day of the first mailing of a notice of
redemption of bonds and ending at the close of business on the day
of such mailing, or (2) to transfer or exchange any bond so
selected for redemption in whole when such redemption is scheduled
to occur within 30 calendar days.
(e) All Obligations issued in exchange or replacement of any
other Obligation or portion thereof (i) shall be issued in fully
registered form, without interest coupons, with the principal of
and interest on such Obligations to be payable only to the
registered owners thereof, (ii) may be redeemed prior to their
scheduled maturities, (iii) may be transferred and assigned, (iv)
may be exchanged for other Obligations, (v) shall have the
characteristics, (vi) shall be signed and sealed, and (vii) the
principal of and interest on the Obligations shall be payable, all
as provided, and in the manner required or indicated, in the FORM
OF BOND set forth in this Ordinance.
The Paying Agent/Registrar shall complete the "Date of
Delivery" on each installment of Obligations initially delivered to
the Texas Water Development Board, upon the satisfaction of the
conditions described in Section 27 of this Ordinance.
(f) The City shall pay the Paying Agent/Registrar's reasonable
and customary fees and charges for making transfers of Obligations,
but the registered owner of any Obligation requesting such transfer
Minutes of City Council N-3 Page 200
Tuesday, October, 17, 1989
Ordinance No. shall pay any taxes or other governmental charges required to be
10415 cont. paid with respect thereto. The registered owner of any Obligation
requesting any exchange shall pay the Paying Agent/Registrar's
reasonable and standard or customary fees and charges for
exchanging any such bond or portion thereof, together with any
taxes or governmental charges required to be paid with respect
thereto, all as a condition precedent to the exercise of such
privilege of exchange, except, however, that in the case of the
exchange of an assigned and transferred bond or bonds or any
portion or portions thereof in any integral multiple of $5,000, and
in the case of the exchange of a portion the unredeemed portion of
an Obligation which has been redeemed in part prior to maturity, as
provided in this Ordinance, such fees and charges will be paid by
the City. In addition, the City hereby covenants with the
registered owners of the Obligations that it will (i) pay the
reasonable and standard or customary fees and charges of the Paying
Agent/Registrar for its services with respect to the payment of the
principal of and interest on the Obligations, when due, and (ii)
pay the fees and charges of the Paying Agent/Registrar for services
with respect to the transfer or registration of Obligations solely
to the extent above provided, and with respect to the exchange of
Obligations solely to the extent above provided.
(g) The City covenants with the registered owners of the
Obligations that at all times while the Obligations are outstanding
the City will provide a competent and legally qualified bank or
trust company to act as and perform the services of Paying
Agent/Registrar for the Obligations under this Ordinance, and that
the Paying Agent/Registrar will be one entity. The City reserves
the right to, and may, at its option, change the Paying
Agent/Registrar upon not less than 60 days written notice to the
Paying Agent/Registrar. In the event that the entity at any time
acting as Paying Agent/Registrar (or its successor by merger,
acquisition, or other method) should resign or otherwise cease to
act as such, the City covenants that promptly it will appoint a
competent and legally qualified national or state banking
institution which shall be a corporation organized and doing
business under the laws of the United States of America or of any
state, authorized under such laws to exercise trust powers, subject
to supervision or examination by federal or state Authority, and
whose qualifications substantially are similar to the previous
Paying Agent/Registrar to act as Paying Agent/Registrar under this
Ordinance. Upon any change in the Paying Agent/Registrar, the
previous Paying Agent/Registrar promptly shall transfer and deliver
the Registration Books (or a copy thereof), along with all other
pertinent books and records relating to the Obligations, to the new
Paying Agent/Registrar designated and appointed by the City. Upon
any change in the Paying Agent/Registrar, the City promptly will
cause a written notice thereof to be sent by the new Paying
Agent/Registrar to each registered owner of the Obligations, by
United States mail, postage prepaid, which notice also shall give
the address of the new Paying Agent/Registrar. By accepting the
position and performing as such, each Paying Agent/Registrar shall
be deemed to have agreed to the provisions of this Ordinance, and a
certified copy of this Ordinance shall be delivered to each Paying
Agent/Registrar. -
Section 6. The form of all Obligations, including the form of
the Paying Agent/Registrar's Certificate, the Form of Assignment,
and the form of the Comptroller's Registration Certificate to
accompany the Obligations on the initial delivery thereof, shall
be, respectively, substantially as follows, with such appropriate
variations, omissions, or insertions as are permitted or required
by this Ordinance:
NO.
MATURITY DATE
IN
FORM OF BOND:
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF TARRANT
CITY OF FORT WORTH, TEXAS
WATER AND SEWER SYSTEM
SUBORDINATE LIEN REVENUE BOND
SERIES 1989
INTEREST RATE
5.50%
DATE OF DELIVERY CUSIP
ON THE MATURITY DATE SPECIFIED ABOVE, THE CITY OF FORT
TARRANT COUNTY, TEXAS (the "Issuer"), hereby promises to
or to the registered assignee hereof
Minutes of City Council N-3 Page 201
WORTH,
pay to
(either
Tuesday, October, 17, 1989
Ordinance No. being hereinafter called the "registered owner") the principal
10415 cont. amount of
and to pay interest thereon, from the date of delivery of this Bond
specified above, to the date of its scheduled maturity or the date
of its redemption prior to scheduled maturity, at the rate of
interest per annum specified above, with said interest being
payable on March 1, 1990, and semi-annually on each September 1 and
March 1 thereafter, except that if the Paying Agent/Registrar's
Authentication Certificate appearing on the face of this Bond is
dated later than March 1, 1990, such interest is payable
semiannually on each September 1 and March 1 following such date.
THE TERMS AND PROVISIONS of this Bond are continued on the
reverse side hereof and shall for all purposes have the same effect
as though fully set forth at this place.
*THE PRINCIPAL OF AND INTEREST ON this Bond are payable in
lawful money of the United States of America, without exchange or
collection charges. The principal of this Bond shall be paid to
the registered owner hereof upon presentation and surrender of this
Bond at maturity or upon the date fixed for its redemption prior to
maturity, at the principal corporate trust office of MTrust Corp,
National Association, Austin, Texas, which is the "Paying
Agent/Registrar" for this Bond. The payment of interest on this
Bond shall be made by the Paying Agent/Registrar to the registered
owner hereof as shown by the Registration Books kept by the Paying
Agent/Registrar at the close of business on the 15th day of the
month next preceding such interest payment date by check drawn by
the Paying Agent/Registrar on, and payable solely from, funds of
the Issuer required to be on deposit with the Paying
Agent/Registrar for such purpose as hereinafter provided; and such
check shall be sent by the Paying Agent/Registrar by United States
mail, postage prepaid, on each such interest payment date, to the
registered owner hereof at its address as it appears on the
Registration Books kept by the Paying Agent/Registrar, as
hereinafter described. The Issuer covenants with the registered
owner of this Bond that no later than each principal payment date
and -interest payment date for this Bond it will make available to
the Paying Agent/Registrar the amounts required to provide for the
payment, An immediately available funds, of all principal of and
interest on the Bonds, when due.
*IF THE DATE for the payment of the principal of or interest
on this Bond shall be a Saturday, Sunday, a legal holiday, or a day
on which banking institutions in the city where the Paying
Agent/Registrar is located are authorized by law or executive order
to close, then the date for such payment shall be the next
succeeding day which is not such a Saturday, Sunday, legal holiday,
or day on which banking institutions are authorized to close; and
payment on such date shall have the same force and effect as if
made on the original date payment was due.
*THIS BOND is one of a series of bonds of like tenor and
effect except as to number, principal amount, interest rate,
maturity and right of prior redemption, aggregating Thirty-three
Million.Three Hundred Thousand Dollars ($33,300,000) (herein
sometimes called the "Bonds"), issued for the purpose of extending
and improving the Issuer's combined water and sewer system, to -wit:
extending and improving the Village Creek Wastewater Treatment
Plant.
*THE OUTSTANDING BONDS of this Series may be redeemed prior to
their scheduled maturities, at the option of the Issuer, in whole,
or in part, and if in part, in inverse order of maturity (i) on any
date, upon receiving the prior written consent of the Texas Water
Development Board, or (ii) if the State of Texas, acting through
the Texas Water Development Board, no longer owns all of the Bonds,
on March 19 1999, or on any date thereafter, for the principal
amount thereof and accrued interest thereon to the date fixed for
redemption, and without premium.
*AT LEAST 30 days prior to the date fixed for any such
redemption a written notice of such redemption shall be given to
the registered owner of each Bond or a portion thereof being called
for redemption by depositing such notice in the United States mail,
postage prepaid, addressed to each such registered owner at his
address shown on the Registration Books of the Paying
Agent/Registrar. By the date fixed for any such redemption due
provision shall be made by the Issuer with the Paying
Agent/Registrar for the payment of the required redemption price
for this Bond or the portion hereof which is to be so redeemed,
Minutes of City Council N-3 Page 202
Tuesday, October 17, 1989
Ordinance No. plus accrued interest thereon to the date fixed for redemption. If
10415 cont. such written notice of redemption is given, and if due provision
for such payment is made, all as provided above, this Bond, or the
portion hereof which is to be so redeemed, thereby automatically
shall be redeemed prior to its scheduled maturity, and shall not
bear interest after the date fixed for its redemption, and shall
not be regarded as being outstanding except for the right of the
registered owner to receive the redemption price plus accrued
interest to the date fixed for redemption from the Paying
Agent/Registrar out of the funds provided for such payment. The
Paying Agent/Registrar shall record in the Registration Books all
such redemptions of principal of this Bond or any portion hereof.
If a portion of any Bond shall be redeemed a substitute Bond or
Bonds having the same maturity date, bearing interest at the same
rate, in any denomination or denominations in any integral multiple
of $5,000, at the written request of the registered owner, and in
aggregate principal amount equal to the unredeemed portion thereof,
will be issued to the registered owner upon the surrender thereof
for cancellation, at the expense of the Issuer, all as provided in
the ordinance authorizing the Bonds (the "Ordinance").
*ALL BONDS OF THIS SERIES are issuable solely as fully
registered bonds, without interest coupons, in the denomination of
any integral multiple of $5,000. As provided in the Ordinance,
this Bond, or any unredeemed portion hereof, may, at the request of
the registered owner or the assignee or assignees hereof, be
assigned, transferred, and exchanged for a like aggregate principal
amount of fully registered bonds, without interest coupons, payable
to the appropriate registered owner, assignee, or assignees, as the
case may be, having the same maturity date, and bearing interest at
the same rate, in any denomination or denominations in any integral
multiple of $5,000 as requested in writing by the appropriate
registered owner, assignee, or assignees, as the case may be, upon
surrender of this Bond to the Paying Agent/Registrar for
cancellation, all in accordance with the form and procedures set
forth in the Ordinance. Among other requirements for such
assignment and transfer, this Bond must be presented and
surrendered to the Paying Agent/Registrar, together with proper
instruments of assignment, in form and with guarantee of signatures
satisfactory to the Paying Agent/Registrar, evidencing assignment
of this Bond or any portion or portions hereof in any integral
multiple of $5,000 to the assignee or assignees in whose name or
names this Bond or any such portion or portions hereof is or are to
be transferred and registered. The form of Assignment printed or
endorsed on this Bond may be executed by the registered owner to
evidence the assignment hereof, but such method is not exclusive,
and other instruments of assignment satisfactory to the Paying
Agent/Registrar may be used to evidence the assignment of this Bond
or any portion or portions hereof from time to time by the
registered owner. The one requesting such exchange shall pay the
Paying Agent/Registrar's reasonable standard or customary fees and
charges for exchanging any Bond or portion thereof. The foregoing
notwithstanding, in the case of the exchange of a portion of a Bond
which has been redeemed prior to maturity, as provided herein, and
in the case of the exchange of an assigned or transferred Bond or
Bonds or any portion or portions thereof, such fees and charges of
the Paying Agent/Registrar will be paid by the Issuer. In any
circumstance, any taxes or governmental charges required to be paid
with respect thereto shall be paid by the one requesting such
assignment, transfer, or exchange as a condition precedent to the
exercise of such privilege. In any circumstance, neither the
Issuer nor the Paying Agent/Registrar shall be required (1) to make
any transfer or exchange during a period beginning at the opening
of business 30 days before the day of the first mailing of a notice
of redemption of bonds and ending at the close of business on the
day of such mailing, or (2) to transfer or exchange any Bonds so
selected for redemption when such redemption is scheduled to occur
within 30 calendar days.
*IN THE EVENT any Paying Agent/Registrar for the Bonds is
changed by the Issuer, resigns, or otherwise ceases to act as such,
the Issuer has covenanted in the Ordinance that it promptly will
appoint a competent and legally qualified substitute therefor,
whose qualifications substantially are similar to the previous
Paying Agent/Registrar it is replacing, and promptly will cause
written notice thereof to be mailed to the registered owners of the
Bonds.
*BY BECOMING the registered owner of this Bond, the registered
owner thereby acknowledges all of the terms and provisions of the
Ordinance, agrees to be bound by such terms and provisions,
acknowledges that the Ordinance is duly recorded and available for
inspection in the official minutes and records of the Issuer, and
agrees that the terms and provisions of this Bond and Ordinance
Minutes of City Council N-3 Page 203
Ordinance No.
10415 cont.
Tuesday, October 17, 1989
constitute a contract between each registered owner hereof and the
Issuer.
*THE ISSUER has reserved the right, subject to the
restrictions stated, and adopted by reference, in the Ordinance, to
issue (1) Prior Lien Obligations (as defined in the Ordinance)
secured by a lien on and pledge of the Pledged Revenues (as defined
in the Ordinance) superior to such lien and pledge securing the
Bonds, and (2) additional parity revenue bonds which also may be
made payable from, and secured by a lien on and pledge of, the
Pledged Revenues securing the Bonds.
*THE REGISTERED OWNER HEREOF shall never have the right to
demand payment of this obligation out of any funds raised or to be
raised by taxation, or from any source whatsoever other than the
aforesaid Pledged Revenues.
IT IS HEREBY certified and covenanted that this Bond has been
duly and validly authorized, issued and delivered; that all acts,
conditions and things required or proper to be performed, exist and
be done precedent to or in the authorization, issuance and delivery
of this Bond have been performed, existed and been done in
accordance with law; that this Bond is a special Obligation; and
that the principal of and interest on this Bond are payable from,
and secured by a lien on and pledge of, the Pledged Revenues, and
which include the Net Revenues of the Issuer's combined Water and
Sewer System; however, the lien on and pledge of the Pledged
Revenues shall be junior and subordinate to the Prior Lien
Obligations (as defined in the Ordinance), which consist of the
Prior Lien Bonds (as defined in the Ordinance) and any System
Obligations (as defined in the Ordinance).
IN WITNESS WHEREOF, this Bond has been signed with the
imprinted or lithographed facsimile signature of the Mayor of said
City, attested by the imprinted or lithographed facsimile signature
of the City Secretary, and approved as to form and legality by the
imprinted or lithographed facsimile signature of the City Attorney,
and the official seal of said City has been duly affixed to,
printed, lithographed or impressed on this Bond.
ATTEST:
CITY OF FORT WORTH, TEXAS
By
Mayor
City Secretary
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
City Attorney
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Bond has been issued under
the provisions of the Ordinance described on the face of this Bond;
and that this Bond has been issued in exchange for or replacement
of a bond, bonds, or a portion of a bond or bonds of an issue which
originally was approved by the Attorney General of the State of
Texas and registered by the Comptroller of Public Accounts of the
State of Texas.
Dated
Paying Agent/Registrar
By
Authorized Representative
FORM OF ASSIGNMENT:
ASSIGNMENT
FOR -VALUE RECEIVED, the undersigned hereby sells, assigns and
transfers unto
Please insert Social Security or Taxpayer
Minutes of City Council N-3 Page 204
Tuesday, October 17, 1989
Ordinance No. Identification Number of Transferee
10415 cont.
(Please print or typewrite name and address, including zip code of
Transferee)
the within Bond and all rights thereunder, and hereby irrevocably
constitutes and appoints
attorney to register the transfer of the within Bond on the books
kept for registration thereof, with full power of substitution in
the premises.
Dated:
Signature Guaranteed:
NOTICE: Signatures must
be guaranteed by a member
firm of the New York Stock
Exchange or a commercial
bank or trust company.
NOTICE: The signature above
must correspond with the name
of the Registered Owner as it
appears on the front of this
Bond in every particular,
without alteration or enlarge-
ment or any change whatsoever.
** (FORM OF COMPTROLLER'S CERTIFICATE ATTACHED TO
THE BONDS UPON INITIAL DELIVERY THEREOF)
OFFICE OF COMPTROLLER :
REGISTER NO.
STATE OF TEXAS
I hereby certify that there is on file and of record in my
office a certificate of the Attorney General of the State of Texas
to the effect that this Bond has been examined by him as required
by law, and that he finds that it has been issued in conformity
with the Constitution and laws of the State of Texas, and that it
is a valid and binding special obligation of the City of Fort
Worth, Texas, payable in the manner provided by and in the
ordinance authorizing same, and said Bond has this day been
registered by me.
WITNESS MY HAND and seal of office at Austin, Texas
Comptroller of Public Accounts of
the State of Texas
(SEAL) NOTE TO PRINTER:
*s to be on reverse side of bond
**s not to be on bond
Section 7. DEFINITIONS. That, as used in this Ordinance, the
following terms shall have the meanings set forth below, unless the
text hereof specifically indicates otherwise:
(a) The term "Additional Obligations" shall mean the revenue
bonds, notes or other obligations which the City reserves the right
to issue in the future on a parity with the Obligations, as
provided in this Ordinance.
(b) The terms "City" and "Issuer" shall mean the City of Fort
Worth, Texas.
(c) The term "Code" shall mean the Internal Revenue Code of
1986, as amended.
(d) The terms "Gross Revenues of the City's Combined Water and
Sewer System" and "Gross Revenues" shall mean all revenues, income,
and receipts of every nature derived or received by the City from
the operation and ownership of the System, including the interest
income from the investment or deposit of money in any Fund created
by this Ordinance, or maintained by the City in connection with the
System (other than the monies on deposit in the Rebate Fund created
pursuant to Section 25 of this Ordinance).
Minutes of City Council N-3 Page 205
Ordinance No.
10415 cont.
Tuesday, October, 17, 1989
(e) The term "Investment Act" shall mean the "Public Funds
Investment Act of 1987", Vernon's Annotated Texas Civil Statutes,
Article 842a-2, and any amendments thereto.
(f) The terms "Net Revenues of the City's Combined Water and
Sewer System" and "Net Revenues" shall mean all Gross Revenues
after deducting and paying the current expenses of operation and
maintenance of the System (the "Current Expenses"), as required by
Vernon ' s Annotated Texas Civil Statutes, Article 1113, including
all salaries, labor, materials, repairs and extensions necessary to
render efficient service; provided, however, that only such repairs
,and extensions as in the judgment of the City Council, reasonably
and fairly exercised and evidenced by the passage of the
appropriate ordinance, are necessary to keep the System in
operation and render adequate service to said City and the
inhabitants thereof, or such as might be necessary to meet some
physical accident or condition which would otherwise impair the
Prior Lien Obligations, the Obligations or Additional Obligations,
shall be deducted in determining "Net Revenues". Payments made by
the City for water supply or treatment of sewage which under the
law constitute operation and maintenance expenses shall be
considered herein as expenses incurred in the operation and
maintenance of the Systema Depreciation shall never be considered
as an expense of operation and maintenance.
(g) The term "Obligations" shall mean the City of Fort Worth,
Texas Water and Sewer System Subordinate Lien Revenue Bonds, Series
1989, authorized by this Ordinance.
(h) The term "Paying Agent/Registrar" shall mean the financial
institution specified in Section 5(a) hereof, or its herein
permitted successors and assigns.
(i) The term "Pledged Revenues" shall mean
(1) the Net Revenues, plus
(2) any additional revenues, income, receipts,
or other resources, including, without limitation,
any grants, donations, or income received or to be
received from the United States Government, or any
other public or private source, whether pursuant to
an agreement or otherwise, which hereafter may be
pledged to the payment of the Prior Lien Bonds.
(j) The term "Previously Issued Parity Bonds" shall have the
same meaning given said term in the preamble to this ordinance.
(k) The term "Prior Lien Bond Ordinance" shall have the same
meaning given said term in the preamble to this Ordinance.
(1) The term "Prior Lien Bonds" shall mean the Previously
Issued Parity Bonds and any bonds hereafter issued on a parity
therewith pursuant to the terms of the Prior Lien Bond Ordinance.
(m) The term "Prior Lien Obligations" shall mean the Prior
Lien Bonds and any System Obligations.
(n) The term "System" shall mean and include the City's
combined existing water and sewer system, together with all future
extensions, improvements, enlargements, and additions thereto, and
all replacements thereof; provided that, notwithstanding the
foregoing, and to the extent now or hereafter authorized or
permitted by law, the term System shall not include any water or
sewer facilities which are declared by the City not to be a part of
the System and which are acquired or constructed by the City with
the proceeds from the issuance of "Special Facilities Bonds", which
are hereby defined as being special revenue obligations of the City
which are not secured by or payable from the Pledged Revenues as
defined herein, but which are secured by and payable solely from
special contract revenues or payments received from any other legal
entity in connection with such facilities; and such revenues or
payments shall not be considered as or constitute Gross Revenues of
the System, unless and to the extent otherwise provided in the
ordinance or ordinances authorizing the issuance of such "Special
Facilities Bonds".
(o) The term "System Obligations" shall mean any obligations
of the City hereafter issued or incurred by the City secured by a
lien on and pledge of the Pledged Revenues superior to the
Obligations but subordinate to the Prior Lien Bonds.
(p) The term "year" shall mean the regular fiscal year used by
the City in connection with the operation of the System, which may
be any twelve consecutive months period established by the City.
Minutes of City Council N-3 Page 206
Ordinance No. Section 8. PLEDGE. That the Obligations and any Additional
10415 cont. Obligations are and shall be secured by and payable from a lien on
and pledge of the Pledged Revenues; provided, however, that said
lien on and pledge of the Pledged Revenues shall be junior and
subordinate to the lien on and pledge of the Pledged Revenues of
the Prior Lien Obligations. In addition, the Pledged Revenues are
further pledged to the establishment and maintenance of the Debt
Service Fund and the Subordinate Lien Reserve Fund as hereinafter
provided. The Obligations and any Additional Obligations are and
will be secured by and payable only from the Pledged Revenues in
the manner described above, and are not secured by or payable from
a mortgage or deed of trust on any properties, whether real,
personal, or mixed, constituting the System.
Section 9. REVENUE FUND. That there has been created, and
established and maintained on the books of the City, and accounted
for separate and apart from all other funds of the City, a special
fund to be entitled the "City of Fort Worth, Texas Water and Sewer
Operating Fund" (hereinafter called the "Revenue Fund"). All Gross
Revenues shall be credited to the Revenue Fund immediately upon
receipt. All current expenses of operation and maintenance of the
System shall be paid from such Gross Revenues as a first charge
against same. Thereafter, amounts required to pay the principal of
and interest on the Prior Lien Obligations by the terms of the
ordinances authorizing the issuance of Prior Lien payments to
reserve funds established therein and other payments required under
the ordinances authorizing Prior Lien Obligations shall have
priority over transfers from the Revenue Fund to the Debt Service
Fund and the Subordinate Lien Reserve Fund in accordance with this
Ordinance.
Section 10. DEBT SERVICE FUND. That for the sole purpose of
paying the principal of and interest on all Obligations and any
Additional Obligations, as the same come due, there is hereby
created, established and maintained on the books of the City, a
separate fund to be entitled the "City of Fort Worth, Texas Water
and Sewer System Revenue Bonds Debt Service Fund" (hereinafter
called the "Debt Service Fund"). Monies in said Fund shall be
maintained at an official depository bank of the City.
Section 11. RESERVE FUND. That there is hereby created,
established and maintained on the books of the City, a separate
fund to be entitled the "City of Fort Worth, Texas Water and Sewer
System Revenue Bonds Subordinate Lien Reserve Fund" (hereinafter
called the "Subordinate Lien Reserve Fund"). Monies in said Fund
shall be used solely for the purpose of retiring the last of any
Obligations or Additional Obligations as they become due or paying
principal of and interest on any Obligations or Additional
Obligations when and to the extent the amounts in the Debt Service
Fund are insufficient for such purpose. Monies in said Fund shall
be maintained at an official depository bank of the City.
Section 12. PROJECT FUND. (a) That there is hereby created,
established and maintained on the books of the City, a separate
fund to be entitled the "City of Fort Worth, Texas Water and Sewer
System Series 1989 Subordinate Lien Revenue Bonds Project Fund"
(hereinafter called the "Project Fund"). Monies in said Fund shall
be maintained at an official depository bank of the City.
(b) Except as otherwise provided in Section 15 hereof, the
proceeds of each installment delivery of the Obligations to the
purchaser shall be deposited into the Project Fund and used by the
City for payment of the costs of extending and improving the
System, and the payment of costs associated therewith, including
any costs for engineering, financing, financial consultation,
administrative, auditing and legal expenses.
(c) Any surplus proceeds, including the investment earnings
derived from the investment of monies on deposit in the Project
Fund, from the Obligations remaining on deposit in the Project Fund
after completing the improvements and extensions to the System and
upon the completion of the final accounting as described in Section
22(n) hereof, shall be transferred to the Debt Service Fund to
redeem, in inverse order of maturity, the Obligations owned by the
Texas Water Development Board. The foregoing notwithstanding, it
is further provided, however, that any interest earnings on monies
on deposit in the Project Fund which are required to be rebated to
the United States of America pursuant to Section 25 hereof in Order
to prevent the Obligations from being arbitrage bonds shall be
transferred to the "Rebate Fund" hereinafter established and shall
not be considered as interest earnings for purposes of this
subsection.
Minutes of City Council N-3 Page 207
Ordinance No.
10415 cont.
Section 13. DEPOSITS OF PLEDGED REVENUES; INVESTMENTS. (a)
That the Pledged Revenues shall be deposited in the Debt Service
Fund and the Subordinate Lien Reserve Fund when and as required by
this Ordinance.
(b) That money in either the Debt Service Fund, the
Subordinate Lien Reserve Fund or the Project Fund may, at the
option of the City, be invested in authorized investments as set
forth in the Investment Act; provided that all such deposits and
investments shall have a par value (or market value when less than
par) exclusive of accrued interest at all times at least equal to
the amount of money credited to such Funds, and shall be made in
such manner that the money required to be expended from any Fund
will be available at the proper time or times. Money in the
Subordinate Lien Reserve Fund shall not be invested in securities
maturing later than the final maturity of the Obligations and
Additional Obligations. Such investments shall be valued in terms
of current market value as of the last day of each year, except
that direct obligations of the United States (State and Local
Government Series) in book -entry form shall be continuously valued
at their par or face principal amount. Such investments shall be
sold promptly when necessary to prevent any default in connection
with the Obligations or Additional Obligations.
Section 14. FUNDS SECURED. That money in all such Funds, to
the extent not invested, shall be secured in the manner prescribed
by law for securing funds of the City.
Section 15. DEBT SERVICE REQUIREMENTS. (a) That promptly
after the delivery of any installment of the Obligations the City
shall cause to be deposited to the credit of the Debt Service Fund
any accrued interest received from the sale and delivery thereof,
and any such deposit shall be used to pay part of the interest next
coming due on the obligations.
(b) That in addition to all amounts heretofore required to be
deposited to the credit of the Debt Service Fund, the City shall
transfer from the, Pledged Revenues and deposit to the credit of the
Debt Service Fund the amounts, at the times, as follows:
(1) such amounts, deposited in approximately equal
monthly installments on or before the 25th day of each
month hereafter, commencing with the month during which
the Obligations are delivered, or the month thereafter if
delivery is made after the 25th day thereof, as will be
sufficient, together with other amounts, if any, then on
hand in the Debt Service Fund and available for such
purpose, to pay the interest scheduled to accrue and come
due on the Obligations on the next succeeding interest
payment date; and
(2) such amounts, deposited in approximately equal
monthly installments on or before the 25th day of each
month hereafter, commencing with the month during which
the Obligations are delivered, or the month thereafter if
delivery is made after the 25th day thereof, as will be
sufficient, together with other amounts, if any, then on
hand in the Debt Service Fund and available for such
purpose, to pay the principal scheduled to mature and
come due on the Obligations on the next succeeding
principal payment date.
SECTION 16. RESERVE REQUIREMENTS. That the City covenants,
subject to the covenants set forth in Section 25 hereof relating
to the tax-exempt status of the Obligations, that the Subordinate
Lien Reserve Fund shall be maintained in an amount no less than the
average annual principal and interest requirements of the
outstanding Obligations and Additional Obligations (the "Required
Amount"), to be .funded in the manner described below. On or before
the 25th day of each month hereafter, commencing on the 25th day of
the month of the initial delivery of the Obligations, or, if the
initial delivery of any of the Obligations occurs on or after the
25th day of such month, on the 25th day of the month next
succeeding such initial delivery, there shall be deposited into the
Subordinate Lien Reserve Fund, 1/60th of the Required Amount, until
the Subordinate Lien Reserve Fund contains the Required Amount.
When and so long as the money and investments in the Subordinate
Lien Reserve Fund are not less than the Required Amount, no
deposits need be made to the credit of the Subordinate Lien Reserve
Fund. When and if the Subordinate Lien Reserve Fund at any time
contains less than the Required Amount due to any cause or
condition other than the issuance of Additional Obligations, then,
subject and subordinate to making the required deposits to the
credit of the Debt Service Fund, such deficiency shall be made up
Minutes of City Council N-3 Page 208
Ordinance No.
10415 cont.
Tuesday, October 17, 1989
as soon as possible from the next available Pledged Revenues, or
from any other sources available for such purpose. The City may,
at its option, withdraw and use for any lawful purpose, all surplus
in the Subordinate Lien Reserve Fund over the Required Amount. The
City hereby covenants that from available moneys it shall deposit
to the credit of the Subordinate Lien Reserve Fund such as is
necessary to maintain the Subordinate Lien Reserve Fund in an
amount equal to the Required Amount.
Section 17. DEFICIENCIES; EXCESS PLEDGED REVENUES. (a) That
if on any occasion there shall not be sufficient Pledged Revenues
to make the required deposits into the Debt Service Fund and the
Subordinate Lien Reserve Fund, then such deficiency shall be made
up as soon as possible from the next available Pledged Revenues, or
from any other sources available for such purpose.
(b) That, subject to making the required deposits to the
credit of the Debt Service Fund and the Subordinate Lien Reserve
Fund when and as required by this Ordinance, or any ordinance
authorizing the issuance of Additional Obligations, the excess
Pledged Revenues may be used by the City for any lawful purpose not
inconsistent with the City's Charter.
Section 18. PAYMENT OF OBLIGATIONS AND ADDITIONAL OBLIGATIONS.
That on or before March 1, 1990, and semiannually on or before each
September 1 and March 1 thereafter while any of the Obligations or
Additional Obligations are outstanding and unpaid, the City shall
make available to the Paying Agent/Registrar therefor, out of the
Debt Service Fund (and the Subordinate Lien Reserve Fund, if
necessary) money sufficient to pay such interest on and such
principal of the Obligations and Additional Obligations as shall
become due and mature on such dates, respectively, at maturity or
by redemption prior to maturity. The Paying Agent/Registrar shall
destroy all paid Obligations and Additional Obligations and furnish
the City with an appropriate certificate of cancellation or
destruction.
Section 19. FINAL DEPOSITS; GOVERNMENT OBLIGATIONS. (a) That
any Obligation or Additional Obligation shall be deemed to be paid,
retired and no longer outstanding within the meaning of this
Ordinance when payment of the principal of, redemption premium, if
any, on such Obligation or Additional Obligation, plus interest
thereon to the due date thereof (whether such due date be by reason
of maturity, upon redemption, or otherwise) either (i) shall have
been made or caused to be made in accordance with the terms thereof
(including the giving of any required notice of redemption), or
(ii) shall have been provided for by irrevocably depositing with,
or making available to, a paying agent (or escrow agent) therefor,
in trust and irrevocably set aside exclusively for such payment,
(1) money sufficient to make such payment or (2) Government
Obligations, as hereinafter defined in this Section, certified by
an independent public accounting firm of national reputation, to
mature as to principal and interest in such amounts and at such
times as will insure the availability, without reinvestment, of
sufficient money to make such payment, and all necessary and proper
fees, compensation, and expenses of such paying agent pertaining to
the Obligations or Additional Obligations with respect to which
such deposit is made shall have been paid or the payment thereof
provided for to the satisfaction of such paying agent. At such
time as an Obligation or Additional Obligation shall be deemed to
be paid hereunder, as aforesaid, it shall no longer be secured by
or entitled to the benefit of this Ordinance or a lien on and
pledge of the Pledged Revenues, and shall be entitled to payment
solely from such money or Government Obligations.
(b) That any moneys so deposited with a paying agent may, at
the direction of the City, also be invested in Government
Obligations, maturing in the amounts and times as hereinbefore set
forth, and all income from all Government Obligations in the hands
of the paying agent pursuant to this Section which is not required
for the payment of the Obligations and Additional Obligations, the
redemption premium, if any, and interest thereon, with respect to
which such money has been so deposited, shall be remitted to the
City.
(c) That the City covenants that no deposit will be made or
accepted under clause (a)(ii) of this Section and no use made of
any such deposit which would cause the Obligations or any
Additional Obligations to be treated as arbitrage bonds within the
meaning of section 148 of the Code.
- (d) That for the purpose of this Section, the term "Government
Obligations" shall mean direct obligations of the United States of
America, including obligations the principal of and interest on
Minutes of City Council N-3 Page 209
i
Ordinance No. which are unconditionally guaranteed by the United States of
10415 cont. America.
(e) That notwithstanding any other provisions of this
Ordinance, all money or Government Obligations set aside and held
in trust pursuant to the provisions of this Section for the payment
of Obligations and Additional Obligations, the redemption premium,
if any, and interest thereon, shall be applied to and used for the
payment of such Obligations and Additional Obligations, the
redemption premium, if any, and interest thereon.
Section 20. ADDITIONAL OBLIGATIONS. (a) That the City shall
have the right and power at any time and from time to time and in
one or more series or issues, to authorize, issue, and deliver
Prior Lien Obligations, in the manner and for the purposes
described in the ordinances authorizing the issuance thereof.
(b) That the City shall have the right and power at any time
and from time to time and in one or more series or issues, to
authorize, issue and deliver Additional Obligations, in accordance
with law, in any amounts, for purposes of extending, improving or
repairing the System or for the purpose of refunding of any
Obligations, Additional Obligations or other obligations of the
City incurred in connection with the ownership or operation of the
System. Such Additional Obligations, if and when authorized,
issued and delivered in accordance with this Ordinance, shall be
secured by and made payable equally and ratably on a parity with
the Obligations, and all other outstanding Additional Obligations,
from a lien on and pledge of the Pledged Revenues.
(c) That the Debt Service Fund and the Subordinate Lien
Reserve Fund established by this Ordinance shall secure and be used
to pay all Additional Obligations as well as the Obligations.
However, each ordinance under which Additional Obligations are
issued shall provide and require that, in addition to the amounts
required by the provisions of this Ordinance and the provisions of
any other ordinance or ordinances authorizing Additional
Obligations to be deposited to the credit of the Debt Service Fund,
the City shall deposit to the credit of the Debt Service Fund at
least such amounts as are required for the payment of all principal
of and interest on said Additional Obligations then being issued,
as the same come due; and that the aggregate amount to be
accumulated and maintained in the Subordinate Lien Reserve Fund
shall be increased (if and to the extent necessary) to an amount
not less than the average annual principal and interest
requirements of all Obligations and Additional Obligations which
will be outstanding after the issuance and delivery of the then
proposed Additional Obligations; and that the required additional
amount shall be so accumulated by the deposit in the Subordinate
Lien Reserve Fund of all or any part of said required additional
amount in cash immediately after the delivery of the then proposed
Additional Obligations, or, at the option of the City, by the
deposit of said required additional amount (or any balance of said
required additional amount not deposited in cash as permitted
above) in monthly installments, made on or before the 25th day of
each month following the delivery of the then proposed Additional
Obligations, of not less than 1/60 of said required additional
amount (or 1/60 of the balance of said required additional amount
not deposited in cash as permitted above).
(d)- That all calculations of average annual principal and
interest requirements made pursuant to this Section shall be made
as of and from the date of the Additional Obligations then proposed
to be issued.
Section 21. FURTHER REQUIREMENTS FOR ADDITIONAL OBLIGATIONS.
That Additional Obligations shall be issued only in accordance with
this Ordinance, but notwithstanding any provisions of this
Ordinance to the contrary, no installment, Series or issue of
Additional Obligations shall be issued or delivered unless:
(a) The Mayor and the City Secretary of the City sign a
written certificate to the effect that the City is not in default
as to any covenant, condition or obligation in connection with all
outstanding Prior Lien Obligations, Obligations and Additional
Obligations, and the ordinances authorizing same, and that the Debt
Service Fund and the Subordinate Lien Reserve Fund each contains
the amount then required to be therein.
(b) An independent certified public accountant, or independent
firm of certified public accountants, signs a written certificate
to the effect that, during either the next preceding year, or any
twelve consecutive calendar month period ending not more than
ninety days prior to the date of the then proposed Additional
Minutes of City Council N-3 Page 210
Ordinance No.
10415 cont.
Tuesday, October 17, 1989
Obligations, the Net Revenues were, in the opinion thereof, at
least equal to (1) 1.25 times the average annual principal and
interest requirements and (2) 1.1 times the principal and interest
requirements for the year during which such requirements are
scheduled to be the greatest (each computed on a fiscal year
basis), of all Prior Lien Obligations, Obligations and Additional
Obligations to be outstanding after the issuance of the then
proposed Additional Obligations, reasonably anticipated to be paid
from the Pledged Revenues.
Section 22. GENERAL COVENANTS. That the City further
covenants and agrees that in accordance with and to the extent
required or permitted by law:
(a) PERFORMANCE. It will+ faithfully perform at all times any
and all covenants, undertakings, stipulations, and provisions
contained in this Ordinance, and each ordinance authorizing the
issuance of Additional Obligations, and in each and every
Obligation and Additional Obligation; it will promptly pay or cause
to be paid the principal of and interest on every Obligation and
Additional Obligation, on the dates and in the places and manner
prescribed in such ordinances and Obligations or Additional
Obligations; and it will, at the time and in the manner prescribed,
deposit or cause to be deposited the amounts required to be
deposited into the Debt Service Fund and the Subordinate Lien
Reserve Fund; and any owner of the Obligations or Additional
Obligations may require the City, its officials and employees to
carry out, respect or enforce the covenants and obligations of this
Ordinance, or any ordinance authorizing the issuance of Additional
Obligations, by all legal and equitable means, including
specifically, but without limitation, the use and filing of
mandamus proceedings, in any court of competent jurisdiction,
against the City, its officials and employees.
(b) CITY'S LEGAL AUTHORITY. It is a duly created and existing
home rule city of the State of Texas, and is duly authorized under
the laws of the State of Texas to issue the Obligations; that all
action on its part for the issuance of the Obligations has been
duly and effectively taken, and that the Obligations in the hands
of the owners thereof are and will be valid and enforceable special
obligations of the City in accordance with their terms.
(c) TITLE. It has or will obtain lawful title to the lands,
buildings, structures and facilities constituting the System, that
it warrants that it will defend the title to all the aforesaid
lands, buildings, structures and facilities, and every part
thereof, for the benefit of the owners of Prior Lien Obligations,
Obligations and Additional Obligations, against the claims and
demands of all persons whomsoever, that it is lawfully qualified to
pledge the Pledged Revenues to the payment of the Obligations and
Additional Obligations in the manner prescribed herein, and has
lawfully exercised such rights.
(d) LIENS. It will from time to time and before the same
become delinquent.pay and discharge all taxes, assessments and
governmental charges, if any, which shall be lawfully imposed upon
it, or the System; it will pay all lawful claims for rents,
royalties, labor, materials and supplies which if unpaid might by
law become a lien or charge thereon, the lien of which would be
prior to or interfere with the liens hereof, so that the priority
of the liens granted hereunder shall be fully preserved in the
manner provided herein, and it will not create or suffer to be
created any mechanic's, laborer's, materialman's or other lien or
charge which might or could be prior to the liens hereof, or do or
suffer any matter or thing whereby the liens hereof might or could
be impaired; provided however, that no such tax, assessment or
charge, and that no such claims which might be used as the basis of
a mechanic's, laborer's, materialman's or other lien or charge,
shall be required to be paid so long as the validity of the same
shall be contested in good faith by the City.
(e) OPERATION OF SYSTEM; NO FREE SERVICE. It will, while the
Obligations or any Additional Obligations are outstanding and
unpaid, continuously and efficiently operate the System, and shall
maintain the System in good Condition, repair and working order,
all at reasonable cost. No free service of the System shall be
allowed, and should the City or any of its agencies or
instrumentalities make use of the services and facilities of the
System, payment of the reasonable value shall be made by the City
out of funds from sources other than the revenues of the System,
unless made from surplus or excess Pledged Revenues as permitted in
Section 17(b).
Minutes of City Council N-3 Page 211
Ordinance No.
10415 cont.
Tuesday, October, 17, 1989
(f) FURTHER ENCUMBRANCE. It, while the Obligations or any
Additional Obligations are outstanding and unpaid, will not
additionally encumber the Pledged Revenues in any manner, except
with respect to the Prior Lien Obligations and except as permitted
in this Ordinance in connection with Additional Obligations, unless
said encumbrance is made junior and subordinate in all respects to
the liens, pledges, covenants and agreements of this Ordinance; but
the right of the City to issue revenue bonds payable from a lien on
the Pledged Revenues junior and subordinate in all respects to the
Obligations and any Additional Obligations is specifically
recognized and retained.
(g) SALE OR DISPOSAL OF PROPERTY. It, while the prior Lien
Obligations, the Obligations or any Additional Obligations are
outstanding and unpaid, will not sell, convey, mortgage, encumber,
lease or in any manner transfer title to, or otherwise dispose of
the System, or any significant or substantial part thereof;
provided further that whenever the City deems it necessary to
dispose of any other property, machinery, fixtures or equipment, it
may sell or otherwise dispose of such property, machinery, fixtures
or equipment when it has made arrangements to replace the same or
provide substitutes therefor, unless it is determined that no such
replacement or substitute is necessary. Proceeds from any sale
hereunder not used to replace or provide for substitution of such
property sold, shall be used for improvements to the System or to
purchase or redeem Prior Lien Obligations, Obligations and
Additional Obligations.
(h) INSURANCE. (1) It shall cause to be insured such parts of
the System as would usually be insured by corporations operating
like properties, with a responsible insurance company or companies,
against risks, accidents or casualties against which and to the
extent insurance is usually carried by corporations operating like
properties, including, to the extent reasonably obtainable, fire
and extended coverage insurance, insurance against damage by
floods, and use and occupancy insurance. Public liability and
property damage insurance shall also be carried. unless the City
Attorney of the City gives a written opinion to the effect that the
City is not liable for claims which would be protected by such
insurance. At any time while any contractor engaged in
construction work shall be fully responsible therefor, the City
shall not be required to carry insurance on the work being
constructed if the contractor is required to carry appropriate
insurance. All such policies shall be open to the inspection of
the bondholders and their representatives at all reasonable times.
Upon the happening of -any loss or damage covered by insurance from
one or more of said causes, the City shall make due proof of loss
and shall do all things necessary or desirable to cause the
insuring companies to make payment in full directly to the City.
The proceeds of insurance covering such property, together with any
other funds necessary and available for such purpose, shall be used
forthwith by the City for repairing the property damaged or
replacing the property destroyed; provided, however, that if said
insurance proceeds and other funds are insufficient for such
purpose, then said insurance proceeds pertaining to the System
shall be used promptly as follows:
:(i) for the redemption prior to maturity of the Prior
Lien Obligations, the Obligations and Additional Obligations,
ratably in the proportion that the outstanding principal of
each series of Prior Lien Obligations, Obligations or
Additional Obligations bear to the total outstanding principal
of all Prior Lien Obligations, the Obligations and Additional
Obligations, provided that if on any such occasion the
principal of any such series is not subject to redemption, it
shall not be regarded as outstanding in making the foregoing
computation; or
(ii) if none of the outstanding Prior Lien Obligations,
Obligations or Additional Obligations is subject to
redemption, then for the purchase on the open market and
retirement of said Prior Lien Obligations, Obligations and
Additional Obligations in the same proportion as prescribed in
the foregoing clause (i), to the extent practicable; provided
that the purchase price for any Prior Lien Obligation,
Obligation or Additional Obligation shall not exceed the
redemption price of such Prior Lien Obligation, Obligation or
Additional Obligation on the first date upon which it becomes
subject to redemption; or
(iii) to the extent that the foregoing clauses (i) and
(ii) cannot be complied with at the time, the insurance
proceeds, or the remainder thereof, shall be deposited in a
special and separate trust fund, at an official depository of
Minutes of City Council N-3 Page 212
Tuesday, October 17, 1989
Ordinance No. the City, to be designated the Insurance Account. The
10415 cont. Insurance Account shall be held until such time as the
foregoing clauses (i) and/or (ii) can be complied with, or
until other funds become available which, together with the
Insurance Account, will be sufficient to make the repairs or
replacements originally required, whichever of said events
occurs first.
(2) The foregoing provisions of (1) above notwithstanding, the
City shall have authority either to self -insure or enter into
co-insurance or similar plans where risk of loss is shared in whole
or in part by the City.
(3) The annual audit hereinafter required shall contain a
section commenting on whether or not the City has complied with the
requirements of this Section with respect to the maintenance of
insurance, and listing all policies carried, and whether or not all
insurance premiums upon the insurance policies to which reference
is hereinbefore made have been paid.
(i) RATE COVENANT. The City Council of the City will fix,
establish, maintain and collect such rates, charges and fees for
the use and availability of the System at all times as are
necessary to produce Gross Revenues sufficient (1) to pay all
current operation and maintenance expenses of the System, (2) to
produce Net Revenues for each year at least equal to the principal
and interest requirements of all then outstanding Prior Lien
Obligations, Obligations and Additional Obligations reasonably
anticipated to be paid from the Pledged Revenues, and (3) to pay
all other obligations of the System reasonably anticipated to be
paid from the Pledged Revenues.
(j) RECORDS. It will keep proper books of record and account
in which full, true and correct entries will be made of all
dealings, activities and transactions relating to the System, the
Pledged Revenues and the Funds created pursuant to this Ordinance,
and all books, documents and vouchers relating thereto shall at all
reasonable times be made available for inspection upon request of
any bondholder.
(k) AUDITS. (1) After the close of each year while any of the
Prior Lien Obligations, the Obligations or any Additional
Obligations are outstanding, an audit will be made of the books and
accounts relating to the System and the Pledged Revenues by an
independent certified public accountant or an independent firm of
certified public accountants. As soon as practicable after the
close of each such year, and when said audit has been completed and
made available to the City, a copy of such audit for the preceding
year shall be mailed to the Municipal Advisory Council of Texas and
to any holder of 5% or more in aggregate principal amount of then
outstanding Prior Lien Obligations, Obligations and Additional
Obligations who shall so request in writing. Such annual audit
reports shall be open to the inspection of the bondowners and their
agents and representatives at all reasonable times.
(2) For so long as the State of Texas owns any of the
Obligations, the City shall mail a copy of the audit provided for
in subsection (k)(1) of this Section to the Texas Water Development
Board. In addition, monthly operating statements for the System
shall be delivered to the Texas Water Development Board as long as
the State of Texas owns any of the Bonds, and the monthly operating
statement shall be in such detail as requested by the Development
Fund Manager of the Texas Water Development Board until this
requirement is waived by said Development Fund Manager.
(1) GOVERNMENTAL AGENCIES. It will comply with all of the
terms and conditions of any and all franchises, permits and
authorizations applicable to or necessary with respect to the
System, and which have been obtained from any governmental agency;
and the City has or will obtain and keep in full force and effect
all franchises, permits, authorization and other requirements
applicable to or necessary with respect to the acquisition,
construction, equipment, operation and maintenance of the System.
(m) NO COMPETITION. It will not grant any franchise or permit
for the acquisition, construction or operation of any competing
facilities which might be used as a substitute for the System's
facilities, and, to the extent that it legally may, the City will
prohibit any such competing facilities.
(n) FINAL ACCOUNTING. The City shall render a final
accounting to the Texas Water Development Board in reference to the
total cost incurred by the City for improvements and extensions to
the System which were financed by the issuance of the Obligations,
Minutes of City Council N-3 Page 213
z
Ordinance No.
10415 cont.
Tuesday, October 17, 1989
together with a copy of "as built" plans of such improvements and
extensions upon completion.
(o) COMPLIANCE WITH THE TEXAS WATER DEVELOPMENT BOARD'S RULES
AND REGULATIONS. The City covenants to comply with the rules and
regulations of the Texas Water Development Board, and to maintain
insurance on the System in such amount as may be required by the
Texas Water Development Board.
Section 23. AMENDMENT OF ORDINANCE. (a) That the owners of
Obligations and Additional Obligations aggregating in principal
amount 51% of the aggregate principal amount of then outstanding
Obligations and Additional Obligations shall have the right from
time to time to approve any amendment to this Ordinance which may
be deemed necessary or desirable by the City, provided, however,
that without the consent of the owners of all of the Obligations
and Additional Obligations at the time outstanding, nothing herein
contained shall permit or be construed to permit the amendment of
the terms and conditions in this Ordinance or in the Obligations or
Additional Obligations so as to:
(1) Make any change in the maturity of the outstanding
Obligations or Additional Obligations;
(2) Reduce the rate of interest borne by any of the
outstanding Obligations or Additional Obligations;
(3) Reduce the amount of the principal payable on the
outstanding Obligations or Additional Obligations;
(4) Modify the terms of payment of principal of or interest
on the outstanding Obligations or Additional Obligations,
or impose any conditions with respect to such payment;
(5) Affect the rights of the owners of less than all of the
Obligations and Additional Obligations then outstanding;
(6) Affect the rights of the owners of the Prior Lien
Obligations;
(7) Change the minimum percentage of the principal amount of
Obligations and Additional Obligations necessary for
consent to such amendment.
(b) That if at any time the City shall desire to amend the
Ordinance under this Section, the City shall cause notice of the
proposed amendment to be published in a financial newspaper or
journal published in The City of New York, New York, once during
each calendar week for at least two successive calendar weeks.
Such notice shall briefly set forth the nature of the proposed
amendment and shall state that a copy thereof is on file at the
principal office of the Paying Agent/Registrar for inspection by
all holders of Prior Lien Obligations, Obligations and Additional
Obligations. Such publication is not required, however, if notice
in writing ,is given to each holder;of Prior Lien Obligations,
Obligations and Additional Obligations.
(c) That whenever at any time not less than thirty days, and
within one year, from the date of the first publication of said
notice or other service of written notice the City shall receive an
instrument or instruments executed by the owners of at least 51% in
aggregate principal amount of all Obligations and Additional
Obligations then outstanding, which instrument or instruments shall
refer to the proposed amendment described in said notice and which
specifically consent to and approve such amendment in substantially
the form of the copy thereof on file with the Paying
Agent/Registrar, the City Council may pass the amendatory ordinance
in substantially the same form.
(d) That upon the passage of any amendatory ordinance pursuant
to the provisions of this Section, this Ordinance shall be deemed
to be amended in accordance with such amendatory ordinance, and the
respective rights, duties and obligations under this Ordinance of
the City and all the owners of then outstanding Obligations and
Additional Obligations and all future Additional Obligations shall
thereafter be determined, exercised and enforced hereunder, subject
in all respects to such amendments.
(e) That any consent given by the owner of an Obligation or
Additional Obligation pursuant to the provisions of this Section
shall be irrevocable for a period of six months from the date of
the first publication of the notice provided for in this Section,
and shall be conclusive and binding upon all future owners of the
same Obligation or Additional Obligation during such period. Such
Minutes of City Council N-3 Page 214
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Tuesday, October 17, 1989
Ordinance No. consent may be revoked at any time after six months from the date
10415 cont. of the first publication of such notice by the owner who gave such
consent, or by a successor in title, by filing notice thereof with
the Paying Agent/Registrar and the City, but such revocation shall
not be effective if the owners of 51% in aggregate principal amount
of the then outstanding Obligations and Additional Obligations as
in this Section defined have, prior to the attempted revocation,
consented to and approved the amendment.
(f) That for the purpose of this Section, the ownership of
Obligations or Additional Obligations shall be as shown by the
registration books of the Paying Agent/Registrar.
(g) The foregoing provisions of this Section notwithstanding,
the City by action of the City Council may amend this Ordinance for
any one or more of the following purposes:
(1) To add to the covenants and agreements of the City in
this Ordinance contained, other covenants and agreements
thereafter to be observed, grant additional rights or remedies
to bondholders or to surrender, restrict or limit any right or
power herein reserved to or conferred upon the City;
(2) To make such provisions for the purpose of curing any
ambiguity, or curing, correcting or supplementing any
defective provision contained in this Ordinance, or in regard
to clarifying matters or questions arising under this
Ordinance, as are necessary or desirable and not contrary to
or inconsistent with this ordinance and which shall not
adversely affect the interests of the owners of the Prior Lien
Obligations, the Obligations or Additional Obligations;
(3) To modify any of the provisions of this Ordinance in
any other respect whatever, provided that (i) such
modification shall be, and be expressed to be, effective only
after all Obligations and each series of Additional
Obligations outstanding at the date of the adoption of such
modification shall cease to be outstanding, and (ii) such
modification shall be specifically referred to in the text of
all Additional Obligations issued after the date of the
adoption of such modification.
Section 24. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED
BONDS. (a) REPLACEMENT BONDS. In the event any outstanding
Obligation is damaged, mutilated, lost, stolen, or destroyed, the
Paying Agent/Registrar shall cause to be printed, executed, and
delivered, a new bond of the same principal amount, maturity, and
interest rate, as the damaged, mutilated, lost, stolen, or
destroyed Obligation, in replacement for such Obligation in the
manner hereinafter provided.
(b) APPLICATION FOR REPLACEMENT BONDS. Application for
replacement of damaged, mutilated, lost, stolen, or destroyed
Obligations shall be made to the Paying Agent/Registrar. In every
case of loss, theft, or destruction of an Obligation, the applicant
for a replacement bond shall furnish to the City and to the Paying
Agent/Registrar such security or indemnity as may be required by
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 an Obligation, the applicant shall furnish to the
City and to the Paying Agent/Registrar evidence to their
satisfaction of the loss, theft, or destruction of such Obligation,
as the case may be. In every case of damage or mutilation of an
Obligation, the applicant shall surrender to the Paying
Agent/Registrar for cancellation the Obligation so damaged or
mutilated.
(c) NO DEFAULT OCCURRED. Notwithstanding the foregoing
provisions of this Section, in the event any such shall have
matured, and no default has occurred which is then continuing in
the payment of the principal of, redemption premium, if any, or
interest on the Obligation, the City may authorize the payment of
the same (without surrender thereof except in the case of a damaged
or mutilated Obligation) instead of issuing a replacement
Obligation, provided security or'indemnity is furnished as above
provided in this Section.
(d) CHARGE FOR ISSUING REPLACEMENT BONDS. Prior to the
issuance of any replacement bond, the Paying Agent/Registrar shall
charge the owner of such Obligation with all legal, printing, and
other expenses in connection therewith. Every replacement bond
issued pursuant to the provisions of this Section by virtue of the
fact that any Obligation is lost, stolen, or destroyed shall
constitute a contractual obligation of the City whether -or not the
Minutes of City Council N-3 Page 215
Ordinance No.
10415 cont.
Tuesday, October, 17, 1989
lost, stolen, or destroyed Obligation shall be found at any time,
or be enforceable by anyone, and shall be entitled to all the
benefits of this Ordinance equally and proportionately with any and
all other Obligations duly issued under this Ordinance.
(e) AUTHORITY FOR ISSUING REPLACEMENT BONDS. In accordance
with Section 6 of Art. 717k-6, V.A.T.C.S., this Section of this
Ordinance shall constitute authority for the issuance of any such
replacement bond without necessity of further action by the
governing body of the City or any other body or person, and the
duty of the replacement of such bonds is hereby authorized and
imposed upon the Paying Agent/Registrar, and the Paying
Agent/Registrar shall authenticate and deliver such bonds in the
form and manner and with the effect, as provided in Section 5(d) of
this Ordinance for Obligations issued in exchange for other
Obligations.
Section 25. TAX COVENANTS. The Issuer covenants to take any
action to assure, or refrain from any action which would adversely
affect, the treatment of the Obligations as obligations described
in section 103 of the Code, the interest on which is not includable
in the "gross income" of the holder for purposes of federal income
taxation. In furtherance thereof, the Issuer covenants as follows:
(a) to take any action to assure that no more than 10
percent of the proceeds of the Obligations (less amounts
deposited to a reserve fund, if any) are used for any "private
business use", as defined in section 141(b)(6) of the Code or,
if more than 10 percent of the proceeds are so used, that
amounts, whether or not received by the Issuer, with respect
to such private business use, do not, under the terms of this
Ordinance or any underlying arrangement, directly or
indirectly, secure or provide for the payment of more than 10
percent of the debt service on the obligations, in
contravention of section 141(b)(2) of the Code;
(b) to take any action to assure that in the event that
the "private business use" described in subsection (a) hereof
exceeds 5 percent of the proceeds of the Obligations (less
amounts deposited into a reserve fund, if any) then the amount
in excess of 5 percent is used for a "private business use"
which is "related" and not "disproportionate", within the
meaning of section 141(b) (3) of the Code, to the governmental
use;
(c) to take any action to assure that no amount which is
greater than the lesser of $5,000,000, or 5 percent of the
proceeds of the Obligations (less amounts deposited into a
reserve fund, if any) is directly or indirectly used to
finance loans to persons, other than state or local
governmental units, in contravention of section 141(c) of the
Code;
(d) to refrain from taking any action which would
otherwise result in the Obligations being treated as "private
activity bonds" within the meaning of section 141(b) of the
Code;
(e) to refrain from taking any action that would result
in the Obligations being "federally guaranteed" within the
meaning of section!149(b) of the Code;
(f) to refrain from using any portion of the proceeds of
the Obligations, directly or indirectly, to acquire or to
replace funds which were used, directly or indirectly, to
acquire investment property (as defined in section 148(b)(2)
of the Code) which produces a materially higher yield over the
term of the Obligations, other than investment property
acquired with --
(1) proceeds of the Obligations invested for a
reasonable temporary period of 3 years or less until such
proceeds are needed for the purpose for which the
Obligations are issued,
(2) amounts invested in a bona fide debt service
fund, within the meaning of section 1.103-13(b)(12) of
the Treasury Regulations, and
(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 Obligations;
Minutes of City Council N-3 Page 216
Tuesday, October, 17, 1989
Ordinance No. (g) to otherwise restrict the use of the proceeds of the
10415 cont. Obligations or amounts treated as proceeds of the Obligations,
as may be necessary, so that the Obligations do not otherwise
contravene the requirements of section 148 of the Code
(relating to arbitrage) and, to the extent applicable, section
149(d) of the Code (relating to advance refundings);
(h) to pay to the United States of America at least once
during each five-year period (beginning on the date of
delivery of the Obligations) an amount that is at least equal
to 90 percent of the "Excess Earnings", within the meaning of
section 148(f) of the Code and to pay to the United States of
America, not later than 60 days after the Obligations have
been paid in full, 100 percent of the amount then required to
be Paid as a result of Excess Earnings under section 148(f) of
the Code; and
(i) to maintain such records as will enable the Issuer to
fulfill its responsibilities under this section and section
148 of the Code and to retain such records for at least six
years following the final payment of principal and interest on
the Obligations.
It is the understanding of the Issuer that the covenants contained
herein are intended to assure compliance with the Code and any
regulations or rulings promulgated by the U.S. Department of the
Treasury pursuant thereto. In the event that regulations or
rulings are hereafter promulgated which modify, or expand
provisions of the Code, as applicable to the Obligations, the
Issuer will not be required to comply with any covenant contained
herein to the extent that such modification or expansion, in the
opinion of nationally -recognized bond counsel, will not adversely
affect the exemption from federal income taxation of interest on
the Obligations under section 103 of the Code. In the event that
regulations or rulings are hereafter promulgated which impose
additional requirements which are applicable to the Obligations,
the Issuer agrees to comply with the additional requirements to the
extent necessary, in the opinion of nationally -recognized bond
counsel, to preserve the exemption from federal income taxation of
interest on the Obligations under section 103 of the Code.
In addition, the Texas Water Development Board has informed
the City that five -sixths of the amount of the purchase price of
each installment of the Obligations will be derived from amounts
provided by the United States Government under the Water Quality
Act of 1987 and the one-sixth of the amount of the purchase price
of each installment of the Obligations will be provided from
amounts which are or will be transferred proceeds of the State of
Texas Water Development Bonds, Series 1988A, issued by the Texas
Water Development Board. The City will take all reasonable actions
specified in any written instructions provided to the City by the
Texas Water Development Board to assure that the interest on said
Series 1988A Bonds, or any bonds issued to refund said Series 1988A
Bonds, shall be excludable from the gross income of the holders
there for federal income tax purposes.
Section 26. APPROVAL AND REGISTRATION OF BONDS. That the
proper officials of the City are hereby authorized to have control
of the Obligations and all necessary records and proceedings
pertaining to the Obligations pending their delivery and their
investigation, examination and approval by the Attorney General of
the State of Texas, and their registration by the Comptroller of
Public Accounts of the State of Texas. Upon registration of the
Obligations, said Comptroller of Public Accounts (or a deputy
designated in writing to act for said Comptroller) shall manually
sign the Comptroller's Registration Certificate accompanying the
Obligations, and the seal of said Comptroller shall be impressed,
or placed in facsimile, on each such certificate.
Section 27. SALE. (a) The Obligations are hereby sold to the
Texas Water Development Board for the price of par. The
Obligations may be delivered to the Texas Water Development Board
and paid for in installments and at such times as shall be approved
by the City Manager, provided none of the Obligations shall be so
delivered without the City's receiving full payment therefor. The
Obligations initially delivered shall be registered in the manner
described in subsection (c) below.
(b) The City hereby authorizes the City Manager to approve the
form and content of an Offering Memorandum to be filed with the
Texas Water Development Board, such Offering Memorandum to fully
describe the Obligations, the security therefor and the financial
condition of the City.
(c) To facilitate the delivery of the Obligations in
installments to the Texas Water Development Board, the City hereby
instructs the Paying Agent/Registrar to hold the Obligations in
escrow, and therefore the Obligations shall be initially registered
Minutes of City Council N-3 Page 217
.t
Ordinance No.
10415 cont.
M&C G-8273 re
cont. until end of
meeting resolution
nomination repre-
sentative for the
Board of Directors
of the Tarrant
Appraisal District
Mr. Judson Bailiff
re M&C G-8273
M&C G-8274 re
acceptance of gift
from the Anne
Burnett and Charles
Tandy Foundation
for the Burnett
Park operation,
maintenance, and
sesonal color plan-
ting
Introduced an
ordinance
Ordinance No..
10416
Tuesday, October, 17, 1989
in the name of the Paying Agent/Registrar. Upon receipt of advice
from the City from time to time that money is available from the
Texas Water Development Board, the Paying Agent/Registrar shall
deliver Obligations to the Texas Water Development Board in
accordance with the instructions of the City. The Paying
Agent/Registrar shall complete the "Date of Delivery" on each
installment of Obligations so delivered to the Texas Water
Development Board as provided in Section 5(e) of this Ordinance,
and interest on each such installment of Obligations so delivered
shall commence from such date.
(d) It
is the
intent of
the parties to the sale of the
Obligations
that if
the Texas
Water Development Board ever
determines
to sell
all or a part of the Obligations, it shall
notify the
City at
least 60
days prior to the sale of the
Obligations of the decision to so
sell the Obligations.
Section 28. IMMEDIATE EFFECT. That this Ordinance shall be
effective immediately from and after its passage in accordance with
the provisions of Section 2 of Chapter 25 of the Charter of the
City, and it is accordingly so ordained.
There was presented Mayor and Council Communication No. G-8273 from the City
Manager stating that the Texas Property Tax Code establishes the process to elect a
board of directors to govern county, wide tax appraisal districts; that the 5 members
of the board of directors serve two-year terms beginning on January of even numbered
years; that a new term for the Tarrant appraisal district board of directors commences
on January 1, 1990; and recommending that the City Council approve a resolution
nominating to serve on the board of directors of the
Tarrant appraisal district for a two-year term.
Mr. Judson Bailiff, Director of Finance, appeared before the City Council and
advised one extension has been granted to allow City Council time for consideration of
nomination of an individual to the Board of Directors of the Tarrant Appraisal
District; that the State is requesting a representative to be in office by October 16,
1989; and that action needs to be taken on this item today.
Council Member Chappell made a motion, seconded by Council Member Murrin,
that Mayor and Council Communication No. G-8273, Nomination to the Board of Directors
of the Tarrant Appraisal District, be continued until the end of the meeting. When the
motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously.
There was presented Mayor and Council Communication No. G-8274 from the City
Manager stating that the Trustees of the Anne Burnett and Charles Tandy Foundation have
authorized a gift to the Park and Recreation Department in the amount of $115,751.00
for the total estimated cost of Burnett Park operation, maintenance, and seasonal color
planting for a one-year period; and recommending that the City Council accept a gift
from the Anne Burnett and Charles Tandy Foundation in the amount of $115,751.00 to
reimburse the City for Burnett Park operation, maintenance, and seasonal color planting
for a period of one year; and adopt a supplemental appropriation ordinance increasing
estimated receipts and appropriations by $115,751.00 in the Special Revenue Fund 72,
Project No. 502112-00, Burnett Park Improvement, from increased revenues. On motion of
Council Member Garrison, seconded by Council Member Chappell, the recommendations were
adopted, with much gratitude.
Council Member Garrison introduced an ordinance and made a motion that it be
adopted. The motion was seconded by Council Member Chappell. The motion, carrying
with it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Pro tempore Gilley; Council Members Garrison, Granger,
McCray, Murrin, Webber, and Chappell
NOES: None
ABSENT: Mayor Bolen and Council Member Zapata
The ordinance, as adopted, is as follows:
ORDINANCE NO. 10416
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS
IN THE SPECIAL REVENUE FUND, FUND 72, PROJECT
NO. 502112-00, BURNETT PARK IMPROVEMENT, OF THE
CITY OF FORT WORTH FOR THE FISCAL YEAR 1989 BY
THE SUM OF $115,751 AND APPROPRIATING SAID
$115,751 TO THE SPECIAL REVENUE FUND, FUND 729
PROJECT NO. 502112-00, BURNETT PARK
IMPROVEMENT, FOR THE PURPOSE OF FUNDING BURNETT
PARK OPERATION, MAINTENANCE, AND SEASONAL COLOR
PLANTING FOR A PERIOD OF ONE YEAR; 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.
Minutes of City Council N-3 Page 218
Tuesday, October, 17, 1989
Ordinance No. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
10416 cont. 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-8275 re
There was presented Mayor and Council Communication No. G-8275 from the City
Improving IH -35W
Manager stating that Mayor Bolen and a delegation of interested parties appeared before
from North Loop
the State Highway and Public Transportation Commission in July 1987 to urge State
820 to State High-
cooperation in improving IH -35W from North Loop 820 to State Highway 114; that the
way 113
Commission issued Minute Order No. 86419 on October 28, 1987, authorizing a feasibility
study by the City to determine future interchange locations along the corridors; that,
subsequently, the Commission issued Minute Order No. 88114 authorizing the addition of
four new interchanges and Minute Order No. 89068 authorizing the construction of
Alliance Boulevard and Eagle Parkway interchanges to be funded primarily by the State;
that the City's feasibility study, environmental assessment, and interchange
justification study covering IH -35W from State Highway 114 to State Highway 170 have
been completed and submitted to the Highway Department; that the Department has
scheduled a public hearing on proposed highway improvements, including the Alliance
Boulevard and Eagle Parkway interchanges to immediately serve Alliance Airport and
American Airlines, on October 24, 1989; and recommending that the City Council approve
a resolution in support of the State Department of Highways and Public Transportation's
program to construct interchanges on IH -35W at Alliance Boulevard and Eagle Parkway,
and to improve IH -35W between State Highway 114 and State Highway 170. On motion of
Council Member Chappell, seconded by Council Member Webber, the recommendation was
adopted.
Introduced a
Resolution Council Member Chappell introduced a resolution and made a motion that it be
adopted. The motion was seconded by Council Member Webber. The motion, carrying with
it the adoption of said resolution, prevailed by the following vote:
AYES: Mayor Pro tempore Gilley; Council Members Garrison, Granger,
McCray, Murrin, Webber, and Chappell
NOES: None
ABSENT: Mayor Bolen and Council Member Zapata
The resolution, as adopted, is as follows:
Resolution No. RESOLUTION NO. 1480
1480
WHEREAS, the City of Fort Worth is experiencing rapid
growth in the vicinity of the Fort Worth Alliance Airport; and
WHEREAS, the City of Fort Worth has recognized the need
to upgrade the IH 35W Corridor between SH 114 and SH 170 to serve
Alliance Airport, American Airlines and other developments along
the corridor; and
WHEREAS, the State Highway and Public Transportation
Commission has also recognized the need to improve IH 35W through
the issuance of Minute Orders Nos. 86419, 88114 and 89068
authorizing, respectively, a feasibility study of proposed
improvements, the addition of four new interchanges along IH 35W,
and State funding for the proposed Alliance Boulevard and Eagle
Parkway interchanges; and
WHEREAS, the proposed improvements will provide needed
traffic facilities to serve North Fort Worth and to stimulate the
area's development by opening new opportunities for economic growth
and job creation;
NOW, THEREFORE, BE IT RESOLVED: That the City of Fort
Worth supports the planned improvements to IH 35W, including the
immediate construction of the proposed Alliance Boulevard and Eagle
Parkway interchanges and their appurtenances; and
BE IT FURTHER RESOLVED: That the City of Fort Worth
urges the State Department of Highways and Public Transportation to
construct the improvements along the IH 35W corridor, including the
Alliance Boulevard and Eagle Parkway interchanges and their
appurtenances, in the most time efficient and cost effective
manner.
M&C G-8276 re There was presented Mayor and Council Communication No. G-8276 from the City
F.A.A. Grant for Manager stating that the City Manager was authorized to submit an F.A.A. grant
construction of
Alliance Airport
Minutes of City Council N-3 Page 219
M&C G-8276 cont.
M&C P-2765 re
purchase of 24,100
pansies for the -
Park and Recreatioi
Department
M&C P-3766 re
purchase agreement
to conduct labor-
atory tests for the
Health Department
for the detection
of cervical cancer
M&C P-3767 re
Auction of City
Equipment Held on
September 23, 1989
and payment to Lone
Star Auctioneers,
Inc.
Tuesday, October, 17, 1989
application, and to execute and accept grants, when offered, for the construction of
Alliance Airport on May 17, 1988, by Mayor and Council Communication No. G-7582; that,
to date, the City has accepted three grants totaling $34.0 million; that the last grant
offer of $3.0 million provided funds for a runway extension and a perimeter roads; that
the perimeter road project was advertised on September 2, 1989, and on September 7,
1989, with ten bids received on September 21, 1989; that, at the request of the Perot
Group, the project was designed with a lower grade on the eastside which added about
93,000 cubic yards of excavation to the project; that the lower grade was to
accommodate a possible future taxiway; that, since the item constituted a major bid
item under the term of a contract, the City and the apparent low bidder, APAC-Texas,
attempted to negotiate a new unit price for the greater reduced excavation quantity;
that the City and APAC-Texas were unable to come to a price which was satisfactory
mutually; and recommending that the City Council reject all bids on the subject project
and authorize the staff to readvertise the project. On motion of Council Member
Chappell, seconded by Council Member Webber, the recommendation was adopted.
There was presented Mayor and Council Communication No. P-3765 from the City
Manager submitting a tabulation of bids received for the purchase of 24,100 pansies for
the Park and Recreation Department; stating that funds are available in General
Fund 01, Account Nos. 80-20-32, 80-20-34, 80-20-40, 80-20-52, 80-20-53, 80-20-54, and
80-70-20, Index Codes 326926, 344143, 329250, 346221, 346908, 347583, and 383695,
respectively; and Golf Fund 39, Account Nos. 80-41-10 and 80-44-10, Index Codes 311928
and 3142453, respectively; and recommending that the purchase be made from Plantland
Industries, Inc., on its low bid, meeting City specifications, of $0.389 each for a
total amount not to exceed $9,374.90 net, f.o.b. Fort Worth. It was the consensus of
the City Council that the recommendation be adopted.
There was presented Mayor and Council Communication No. P-3766 from the City
Manager submitting a tabulation of bids received for a purchase agreement to conduct
laboratory tests for the Health Department for the detection of cervical cancer;
stating that budgeted funds are sufficient to cover the anticipated expenditure by each
department participating in this agreement; and recommending that the purchase
agreement be authorized with Harris Medical Laboratory on low bid, meeting City
specifications, of $6.50 per test, f.o.b. Fort Worth; with agreement to become
effective upon approval by the City Council and expire one year later. It was the
consensus of the City Council that the recommendation be adopted.
There was presented Mayor and Council Communication No. P-3767 from the City
Manager, as follows:
SUBJECT: AUCTION OF CITY EQUIPMENT HELD ON SEPTEMBER 23, 1989
RECOMMENDATION:
It is recommended that the City Council confirm the sale of
vehicles and miscellaneous surplus equipment listed below that were
disposed of by public auction held on September 23, 1989. Gross
proceeds were $241,395.00. This auction was conducted by Lone Star
Auctioneers, Inc. Their fee will amount to $16,021.47 which is
based on a percentage formula.
Auc
# Equip #
Yr
Make
Description
Buyer
Sale Price
1
1470899
87
Ford
LTD/V8
Ronald Means
$1,000.00
2
1470862
87
Ford
LTD/V8
Roy Westbrook
$1,450.00
3
1470896
87
Ford
LTD/V8
M&A Auto Sales
$1,400.00
6
1470902
87
Ford
LTD/V8
Aaron Auto
$1,650.00
Sales
7
1470867
87
Ford
LTD/V8
Roy Westbrook
$1,750.00
8
1470864
87
Ford
LTD/V8
Bobby Pritchett
$1,500.00
9
1470833
87
Ford
LTD/V8
M&A Auto Sales
$1,550.00
10
1470903
87
Ford
LTD/V8
M&A Auto Sales
$1,200.00
11
1470879
87
Ford
LTD/V8
Larry's Special
$1,650.00
Cars
12
1470878
87
Ford
LTD/V8
M&A Auto Sales
$1,500.00
13
1470850
87
Ford
LTD/V8
Aaron's Auto
$1,750.00
Sales
14
1260627
84
Plym
Reliant/4cyl
Aaron's Auto
$1,200.00
Sales
15
2200056
82
Ford
Van/6Cyl
Jose Megia
$1,350.00
16
1470869
87
Ford
LTD/V8
J. W. Motors
$1,750.00
17
1260632
84
Plym
Reliant/4cyl
Steven Parker
$1,700.00
18
1840050
79
Chev
Surburban
Bill O'Connor
$ 850.00
19
1470882
87
Ford
LTD/V8
Larry's Special
$1,800.00
Cars
21
1470892
87
Ford
LTD/V8
M&A Auto Sales
$1,800.00
22
1470909
87
Ford
LTD/V8
Aaron's Auto
$1,600.00
Sales
23
1470889
87
Ford
LTD/V8
Tommy's Truck
$1,650.00
& Eq.
24
1470914
87
Ford
LTD/V8
William Akers
$2,400.00
25
1470876
87
Ford
LTD/V8
M&A Auto Sales
$1,750.00
Minutes of City Council N-3 Page 220
Tuesday, October 17, 1989
&C P-3767 cont.
26
1470828
87
Ford
LTD/V8
Robert Ballard
$1,750.00
27
1470908
87
Ford
LTD/V8
Ray Jordan
$1,775.00
28
1260639
84
Plym
Reliant/4cyl
Golden Auto
$1,450.00
Sales
29
1470880
87
Ford
LTD/V8
Prietos Auto
$1,375.00
Sales
30
1470886
87
Ford
LTD/V8
Ray Jordan
$1,800.00
31
1470846
87
Ford
LTD/V8
Larry's Special
$1,800.00
Cars
32
1470852
87
Ford
LTD/V8
Ray Jordan
$1,950.00
33
1470913
87
Ford
LTD/V8
M&A Auto Sales
$1,700.00
35
1470866
87
Ford
LTD/V8
M&A Auto Sales
$1,750.00
36
1470868
87
Ford
LTD/V8
Jacar Interna-
$1,650.00
tional
37
1470860
87
Ford
LTD/V8
Nick Salerno
$1,750.00
38
1470842
87
Ford
LTD/V8
Aaron's Auto
$1,650.00
Sales
39
1470895
87
Ford
LTD/V8
M&A Auto Sales
$1,550.00
40
1470912
87
Ford
LTD/V8
Nagy's Mobile
$1,700.00
Service and
Sales
41
1470848
87
Ford
LTD/V8
Prietos Auto
$1,450.00
Sales
42
1470890
87
Ford
LTD/V8
M&A Auto Sales
$1,650.00
43
1470841
87
Ford
LTD/V8
William Akers
$2,750.00
44
1470901
87
Ford
LTD/V8
Larry's Special
$1,750.00
Cars
45
1470831
87
Ford
LTD/V8
Daphne Young
$2,400.00
47
1470851
87
Ford
LTD/V8
Prietos Auto
$1,450.00
Sales
48
1470906
87
Ford
LTD/V8
Kelly Jacobs
$1,550.00
49
1470870
87
Ford
LTD/V8
James Myrick
$1,450.00
50
1470898
87
Ford
LTD/V8
Saied Najafi
$1,625.00
51
1470877
87
Ford
LTD/V8
Nadine McKee
$1,600.00
52
1470875
87
Ford
LTD/V8
Nagy's Mobile
$1,600.00
Service and
Sales
53
1470861
87
Ford
LTD/V8
M&A Auto Sales
$1,350.00
54
1470871
87
Ford
LTD/V8
Larry's Special
$2,200.00
Cars
55
1470881
87
Ford
LTD/V8
Richard Pullen
$1,850.00
56
1470905
87
Ford
LTD/V8
Richard Rios
$1,350.00
57
1470885
87
Ford
LTD/V8
Larry's Special
$1,750.00
Cars
58
1470884
87
Ford
LTD/V8
Bobby Pritchett
$1,600.00
59
1470836
87
Ford
LTD/V8
William Akers
$2,300.00
60
1470888
87
Ford
LTD/V8
W. N. Roton
$1,750.00
61
1470830
87
Ford
LTD/V8
D. J. Evans
$1,850.00
62
1470910
87
Ford
LTD/V8
M&A Auto Sales
$1,450.00
63
1470856
87
Ford
LTD/V8
Marleen Randall
$1,600.00
63A
1470897
87
Ford
LTD
Prietos Auto
$1,300.00
Sales
64
2400539
77
I/H
Interna/1600
Davis Truck &
$1,300.00
Equip.
65
2420051
83
Chev
C -70/V8 Diesel
Davis Truck &
$4,850.00
Equip.
66
2420047
83
Chev
C -70/V8 Diesel
Art's Truck &
$6,100.00
Equip.
67
2420030
82
Chev
C -70/V8 Diesel
Art's Truck &
$5,200.00
Equip.
68
2420029
82
Chev
C -70/V8 Diesel
Art's Truck &
$6,700.00
Equip.
69
2420008
81
Chev
C -70/V8 Diesel
Art's Truck &
$4,800.00
Equip.
70
2420012
81
Chev
C -70/V8 Diesel
Art's Truck &
$6,900.00
Equip.
71
2420039
79
I/H
Intern/1610B
Davis Truck &
$3,200.00
Equip.
72
2420035
82
Chev
C -70/V8 Diesel
Art's Truck &
$4,850.00
Equip.
73
2400572
79
Chev
C -70/V8 Gas
Art's Truck &
$4,000.00
Equip.
74
1840038
77
GMC
Suburban/V8
D&R Enterprises
$ 650.00
75
2440012
79
Chev
V8
Carolyn P.
$ 750.00
Foster
78
1840061
77
GMC
Suburban
D&R Enterprises
$ 600.00
79
2420016
82
Chev
C -70/V8 Diesel
Davis Truck &
$8,000.00
Equip.
80
2620027
82
I/H
Trans-5+2Spd/
Davis Truck &
$15,500.00
6cyl.
Equip.
81
1050073
86
Kawa
Kawasaki
Jacar Interna-
$ 700.00
Police 1000
tional
Minutes of City Council N-3 Page 221
Tuesday, October, 17, 1989
M&C P-3767 cont.
82
2420004
I/H
Intern18OO/
Davis Truck &
$8,000.00
6cyl.
Equip.
83
2400644
Chev
C -60/V8
Davis Truck &
$3,500.00
Equip.
84
1470959
88 Chev
Caprice
Ray Jordan
$3,700.00
85
1460010
86 Chev
Caprice
Tommy's Truck &
$2,950.00
Equip.
86
2440009
75 Ford
B600 -Bus
John Abrahams-
$1,700.00
son
87
2040073 -83
Dodge
350 Custom
Davis Truck &
$1,800.00
Equip.
88
2040072
83 Dodge
350 Custom
Davis Truck &
$1,750.00
Equip.
89
2430059
83 Chev
C-70
Davis Truck &
$9,000.00
Equip.
90
2040065
82 Chev
Del.30
Davis Truck &
$1,700.00
Equip.
91
1280010
87 Ford
Mustang
Tommy's Truck &
$4,450.00
Equip.
92
1470773
86 Ford
LTD/V8
Nick Salerno
$1,200.00
93
1470738
86 Ford
LTD
Nick Salerno
$1,250.00
94
2040114
87 Ford
Truck F-350
Tommy's Truck &
$2,700.00
Equip.
97'
1860009
83 Dodge
Ram
James Chestnut
$3,200.00
97A
2400507
76 Dodge
D500
Davis Truck &
$3,800.00
Equip.
98
1880016
84 Ford
Van
Davis Truck &
$3,500.00
Equip.
99
6000010
42 Clark
Jerry Robinson
$ 350.00
Ent.
100
4260001
79 Holan
Lift Platform
Jerry Robinson
$ 600.00
Ent.
101
2400578
79 I/H
Husky Loader
Davis Truck &
$1,800.00
Equip.
102
1260570
81 Dodge
Aries
Jose Megia
$ 475.00
103
6190003
Jacobsen
Mower
Hellinger &
$ 112.50
Hellinger
104
2490113
83 I/H
Cargo Star
Davis Truck &
$2,000.00
Equip.
105
2430058
82 I/H
Cargo Star
Davis Truck &
$3,100.00
Equip.
105A
4270022
82 Lifall
Aerial Bucket
Davis Truck &
$2,000.00
Equip.
105B
S/N 69907
Koenig
Service Body
Crest Invest-
$ 275.00
ments
106
1880018
84 Ford
Van
Nagy's Mobile
$1,200.00
Service and
Sales
107
1209109
83 Chev
Citation
Jerry Robinson
$ 400.00
Ent.
108
1880020
84 Ford
Van
Crest Invest-
$1,150.00
ments
109
Pallet #1
Obsolete
Truck & Eq.
Tommy's Truck &
$ 25.00
Parts
Equip.
110
Pallet #2
Obsolete
Ford Engine
Tommy's Truck &
$ 210.00
Equip.
111
Pallet #3
Obsolete
Truck & Eq.
Hellinger &
$ 40.00
-
Parts
Hellinger
112
Pallet #4
Obsolete
Truck & Eq.
Tinos Electric
$ 75.00
Parts
113
Pallet #5
Obsolete
Truck Parts
Wade Armstrong
$ 25.00
114
Pallet #6
Swenson
Parts
Jacar Interna-
$ 70.00
tional
115
Pallet #7
Misc.
Parts
Tinos Electric
$ 25.00
116
Pallet #8
Swenson
Parts
Hellinger &
$ 80.00
Hellinger
117
Pallet #9
Misc.
Parts
Wade Armstrong
$ 30.00
118
Pallet #10
Gdskeeping
Parts
Jacar Interna-
$ 100.00
tional
119
Pallet #11
Gdskeeping
Parts
Hellinger &
$ 40.00
Hellinger
120
Pallet #12
Automotive
Parts
A-Rhima Used
$ 55.00
Cars
121
Pallet #13
Automotive
Parts
Nagy's Mobile
$ 75.00
Service &
Sales
122
Pallet #14
Automotive
Parts
George Lackey
$ 65.00
123
Obsolete Car
Parts
Jacar Interna-
$ 30.00
tional
124
Ford
Bumper Jacks
Terry L. Usel-
$ 80.00
ton
125
Chev
Bumper Jacks
Aaron's Auto
$ 160.00
Sales
Minutes of City Council N-3 Page 222
M&C P-3767 cont.
M&C P-3767 adopted
M&C P-3768 re
purchase agreement
with Texas Car-
bide Service for
sharpening service
of various depart-
ments
Tuesday, October, 17, 1989
126
Obsolete Fire Hose
Wade Armstrong
$
75.00
127
Furniture
Lonnie Bright
$
5.00
128
Furniture
I. C. Stacy, Jr.$
Code
5.00
129
Furniture
A-Rhima Used
$
12.50
Index
Code
Cars
112.50
ea.
130
Furniture
Luis Ramirez
$
5.00
131
Pallet Jack
Hellinger &
$
85.00
#8
Carpenters handsaws
Hellinger
7.50
ea.
132
Parts Cleaner
Luis Ramirez
$
40.00
133
LTD Trunk Lid
Lonnie Bright
$
40.00
134
Dayton Crane
Tiros Electric
$
40.00
135
Service Equipment
George Lackeyc
$
180.00
136
Hose Reels
Hellinger &
$
140.00
4.35
ea.
Hellinger
Carbide tipped router bits - 1-1/4"
$
137
Backhoe Bucket
Arens Corps.
$
140.00
138
Misc. Equipment
Jacar Interna-
$
35.00
3.45
ea.
tional
Auger, dowel & spur bits - 2-1/2"
$
139
Tire Repair Equipment
George Lackey
$
110.00
140
Dayton Fan
Jacar Interna-
$
10.00
2.90
ea.
tional
High speed router bits - double - 5/16"
$
II RNIC MAILI►Q
On July 6, 1989 (M&C P-3565), the City Council authorized the
renewal of a one-year purchase agreement with Lone Star
Auctioneers, Inc., to conduct public auctions to dispose of surplus
City vehicles and equipment. An auction was held on September 23,
1989, at 4100 Columbus Trail, and gross proceeds were deposited as
follows:
General Fund 01
Water Fund 45
Sewer Fund 45
Equipment Services Fund 61
Solid Waste Fund 64
Golf Fund 39
Fort Worth Transit
Authority Fund 95
FINANCING:
Index
Code
044032
$182,925.00
Index
Code
093187
35,450.00
Index
Code
093336
3,500.00
Index
Code
069229
6,257.50
Index
Code
064501
6,900.00
Index
Code
065953
112.50
Index Code 095362 6,250.00
$241,395.00
Sufficient funds will be available in Equipment Services Fund 61,
Account No. 21-20-71, Technical Services, in the amount of
$16,021.47 to pay Lone Star Auctioneers, Inc. Expenditures will be
made from Index Code 240317.
It is the consensus of the City Council that the recommendation, as contained in Mayor
and Council Communication No. P-3767, be adopted.
There was presented Mayor and Council Communication No. P-3768 from the City
Manager submitting a quotation received for a purchase agreement for sharpening
services for various departments; stating that budgeted funds are sufficient to cover
the anticipated expenditure by each department participating in this agreement; and
recommending that the City Council authorize:
1. A one year purchase agreement with Texas Carbide Service for
sharpening service, based on the sole bid of unit prices for
various size tools as follows:
Item Unit Price
#1
Woodcutting 7" circular rip saw sets
$
3.65
ea.
#2
Woodcutting 9" circular rip saw sets
$
4.65
ea.
#3
Woodcutting 12" circular rip saw sets
$
6.25
ea.
#4
Combination woodcutting sets - 7 inches
$
4.85
ea.
#5
Combination woodcutting sets - 9 inches
$
6.25
ea.
#6
Combination woodcutting sets - 12 inches
$
8.30
ea.
#7
Carbide dado sets - outside saw 12 inches
$
8.30
ea.
#8
Carpenters handsaws
$
7.50
ea.
#9
Miter boxes
$
7.50
ea.
#10
Carbide shaper cutters & groovers - 2"
$13.80
ea.
#11
Carbide shaper cutters & groovers - 3"
$13.80
ea.
#12
Carbide shaper cutters & groovers - 4"
$13.80
ea.
#13
Carbide shaper and cutters - 1/2"
$
8.50
ea.
#14
Carbide tipped router bits - 5/16"
$
4.35
ea.
#15
Carbide tipped router bits - 1-1/4"
$
6.90
ea.
#16
Hole saws - 5/8" x 4"
$
4.90
ea.
#17
Auger, dowel & spur bits - 1/2"
$
3.45
ea.
#18
Auger, dowel & spur bits - 2-1/2"
$
7.45
ea.
#19
High speed router bits - single - 5/16"
$
2.90
ea.
#20
High speed router bits - single - 1/4"
$
2.90
ea.
#21
High speed router bits - double - 5/16"
$
3.45
ea.
#22
High speed router bits - double - 1/4"
$
3.45
ea.
Minutes of City Council N-3 Page 223
Tuesday, October, 17, 1989
Minutes of City Council N-3 Page 224
M&C P-3768 cont.
#23, #24 & #25, Carbide circle saw grinding top -
faced -side tips base on number of teeth per
blade as follows:
up to 8 teeth $ 7.00 ea.
9 to 20 teeth $ 9.00 ea.
21 to 30 teeth $10.00 ea.
31 to 40 teeth $12.00 ea.
41 to 50 teeth $14.00 ea.
51 to 60 teeth $15.00 ea.
61 to 80 teeth $16.00 ea.
81 to 90 teeth $17.50 ea.
91 to 100 teeth $20.00 ea.
101 to 120 teeth $22.00 ea.
121 to 140 teeth $25.00 ea.
141 to 150 teeth $29.00 ea.
over 150 teeth $ Quote
(Carbide tips are replaced at $2.00 ea.)
#26 16 inch Chainsaw chain is sharpened based
on the number of carbide teeth on chain as
follows:
1 to 8 carbide teeth $ 6.90 ea.
9 to 20 carbide teeth $ 9.20 ea.
21 to 30 carbide teeth $10.35 ea.
31 to 40 carbide teeth $12.00 ea.
41 to 50 carbide teeth $13.80 ea.
51 to 60 carbide teeth $14.95 ea.
(carbide tips are replaced at $2.00 ea.)
2. All City departments may participate in this agreement, if
needed, and;
3. This agreement to become effective upon date of authorization
by the City Council and end one year later.
M&C P-3768 adopted
It is the consensus of the City Council that the recommendations be adopted.
M&C P-3769 re
There was presented Mayor and Council Communication No. P-3769 from the City
purchase of video
Manager submitting a tabulation of bids received for the outright purchase of a video
cassette player
cassette player for the Police/Fire Training Center; stating that funds are available
for the Police/
in Public Safety Improvement Fund 07, Project No. 011200-00, Index Code 616128;
Fire Training Cen-
amending that the purchase be made from MPCS Video Industries Atlanta, Inc., on its low
ter from MPCS Vide'
bid meeting specifications of $15,685.00 net, f.o.b. Fort Worth. Council Member
Industries Atlanta'
Chappell made a motion, seconded by Council Member Webber that Mayor and Council
Inc. cont. for one
Communication No. P-3769, Purchase of Audio Visual Production Equipment from MPCS Video
week
Industries Atlanta, Inc., for the Fire/Police Training Center be continued for one week.
When the motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously.
M&C P-3770 re
There was presented Mayor and Council Communication No. P-3770 from the City
purchase of install,-
Manager submitting a tabulation of bids received for the purchase of audio visual
a tion of audio
installation for the Police/Fire Training; stating that funds are available in Public
visual equipment
Safety Improvement Fund 07; Project No. 011200-00, Index Code 616128; and recommending
for the Police/Fire
that the purchase be made from MPCS, Inc., on its low bid of $37,000.00, f.o.b. Fort
video studio from
Worth. It was the consensus of the City Council that the recommendation be adopted.
MPCS,Inc.
M&C P-3771 re
There was presented Mayor and Council Communication No. P-3771 from the City
emergency purchase
Manager stating that the purchase of emergency repair services was authorized on
of collision re-
August 15, 1989, by Mayor and Council Communication No. P-3636, from Cornish Paint and
pair services from
Body for an amount not to exceed $11,872.70; that, while making the repairs, an
Cornish Paint and
additional $2,081.41 in damage was found; that the vehicle being repaired is a 1987
body for the City
first line fire truck; that personnel from both the Fire and City Services Departments
Services Department
have examined the truck and find the request for additional repairs to be valid;
stating that funds are available in Equipment Services Operating Fund 61, Account
No. 21-20-92, Index Code 244251; and recommending that the City Council amend Mayor and
Council Communication No. P-3636, confirmed on August 15, 1989, to read as follows:
"It is requested that the City Council confirm the emergency
purchase of collision repair services from Cornish Paint and Body
for the City Services Department for an amount not to exceed
$13,954.11 net, f.o.b. Fort Worth."
M&C P-3771 adopted
It was the consensus of the City Council that the recommendation be adopted.
M&C P-3772 re
There was presented Mayor and Council Communication No. P-3772 from the City
purchase agreement
Manager submitting a tabulation of bids received for a purchase agreement to supply
with multiple ven-
chain, wire, rope, and fittings for various departments; stating that budgeted funds
dors for chain,
are available to cover the anticipated expenditure by each department participating in
wire, rope, and
this agreement; and recommending that the City Council authorize:
fittings for var=-
ious departments
I
Minutes of City Council N-3 Page 224
2�-
Tuesday, October 17, 1989
M&C P-3772 cont. I. A purchase agreement with the following vendors to supply
chain, wire rope and fittings on the low bid meeting
specifications of the following unit prices, net F.O.B. Fort
Worth, as follows:
1) Fort
Worth
Bolt and Tool Co.
Fort
Worth,
TX
Bid
Item
Unit Price
#1
1/4"
High Test 4 chain
$
.7641
per FT
#3
5/16"
High Test 4 chain
$
.9509
per FT
#4
3/8"
High Test 4 chain
$1.0460
per FT
#5
1/2"
High Test 4 chain
$1.8563
per FT
#6
5/16"
Heil Coil #131 Chain
$1.2306
per FT
#7
2/0 Steel
Inco Double Loop Chain
$
.01089
per FT
#13
Size
80 Roller Chain (Rivet Std.)
$
2.49
per FT
#14
Size
60 Chain Roller (Rivet Std.)
$
1.54
per FT
#15
Size
40 Roller Chain -Rivet Std.)
$
.79
per FT
#16
Size
50 Roller Chain -Rivet -Std.
$
1.16
per FT
(48
pitch)
#17
Size
80-02 Chain Roller connector
$
1.71
each
links
#18
Size
40 Chain Roller connector
$
.31
each
links
#19
Size
80 Chain Roller connector
$
.90
each
links
#20
Size
60 Chain Roller connector
$
.50
each
links
#21
Size
50 Chain Roller connector
$
.33
each
links
#22
Size
40 Chain Roller off -sets
$
.79
each
#23
Size
60-02 Chain Roller off -sets
$
2.50
each
#24
Size
80 Chain Roller off -sets
$
2.47
each
#25
Size
60 Chain Roller off -sets
$
1.12
each
#26
Size
50 Chain Roller off -sets
$
.89
each
#27
Size
120 Chain Roller Cottered-Std.
$
6.61
per FT
#28
3/8"
Thimble wire rope (closed)
$
.25
each
#29
3/4"
Thimble wire rope (closed)
$
.84
each
#30
5/8"
Thimble wire rope
$
.90
each
#31
5/16"
Clamp wire rope - malleable
$
.24
each
#32
- 1/4"
Clamp wire rope - malleable
$
.24
each
#33
3/8"
Clamp wire rope - malleable
$
.36
each
#34
1/2"
Clamp wire rope - malleable
$
.52
each
#35
5/8"
Clamp wire rope - malleable
$
.68
each
#36
3/4"
Clamp wire rope - malleable
$
1.00
each
#37
3/16"
Clamp wire rope - malleable
$
.20
each
#38
1/4"
Clevis grab hooks
$
1.46
each
#39
5/16"
Clevis grab hooks
$
1.88
each
#40
3/8"
Clevis grab hooks
$
2.51
each
#41
1/2"
Clevis grab hooks
$
3.91
each
#42
5/16"
grab hook eye
$
1.39
each
#43
1/4"
grab hook eye
$
.83
each
#44
2-1/2
latching eye hook - alloy
$
8.53
each
#45
1-1/4 latching eye hook - alloy
$
4.33
each
#46
7/8"
anchor shackle screw pin
$
7.62
each
#47
1/4"
cold shuts - mild steel
$
.44
each
#48
5/16"
cold shuts - mild steel
$
.52
each
#49
3/8"
cold shuts - mild steel
$
.56
each
#50
7/16"
cold shuts - mild steel
$
.68
each
#51
1/2"
cold shuts.- mild steel
$
.88
each
#52
3/8"
x 1/2" load binders with Std.
$
15.44
each
hooks
2) Trinity
Sling
Authority
Fort
Worth,
TX
#8
5/8"
preform wire rope
$
.67
per FT
(6
x 19 1 WRC)
#9
3/8"
preform wire rope
$
.38
per FT
(6
x 19 1 WRC)
#10
1/2"
preform wire rope
$
.48
per FT
(6
x 19 1 WRC)
#11
7/32"
preform wire rope
$
.15
per FT
(7
x 19 1 WRC)
#12
3/4"
preform wire rope
$
1.08
per FT
(6
x 37 1 WRC)
II. All departments to participate in this agreement, if needed;
and
III. This agreement to begin the day of authorization by the City
Council and end one year later.
M&C P-3772 adopted'I It is the consensus of the City Council that the recommendations be adopted.
Minutes of City Council N-3 Page 225
Tuesday, October, 17, 1989
Minutes of City Council N-3 Page 226
&C P-3773 re
. There was presented Mayor and Council Communication No. P-3773 from the City
purchase agreement
Manager submitting a tabulation of bids received for a purchase agreement for top
for top dressing
I dressing sand for the Park and Recreation Department; stating that budgeted funds are
sand for the Park
l sufficient to cover the anticipated expenditure by each department participating in
and Recreation De-
this agreement; and recommending that the purchase agreement be authorized with Big
partment with Big
Sandy Sand Company on its bid, meeting City specifications, of $19.75/ton net, f.o.b.
Sandy Company
Fort Worth; that all City departments be authorized to participate in this agreement,
if needed; and that the agreement become effective upon approval by the City Council
and expire one year later. It was the consensus of the City Council that the
recommendations be adopted.
&C P-3774 re
purchase of colli-
There was presented Mayor and Council Communication No. P-3774 from the City
Manager stating that Purchase Order 54177 was issued to Maaco Auto Painting and
si on repair service
for City Services
Bodywork Center on July 20, 1989, on its low bid for repairs to an American LaFrance
Department from
fire truck in the amount of $3,820.00; that, on the original estimate, Maaco submitted
Maaco Auto Painting
the vehicle's front windshield glass as an "open" item because of availability and
and Bodywork Center
pricing difficulties with the American LaFrance Company; that the glass now is in and
priced, and Maaco is requesting a supplement to this purchase order for the additional
amount of $2,099.00 for parts and labor; that ESD has made inquiries and determined
this is the same parts price the City would incur should the City install the glass;
that the combined total still is lower than the second lowest bidder, Clarence Cornish,
who estimated the work at $6,903.97; stating that funds are available in Equipment
Service Operating Fund 61, Account No. 21-20-92, Index Code 244251; and recommending
that the City Council confirm the purchase of collision repair services from Maaco Auto
Painting and Bodywork Center for the City Services Department for an amount not to
exceed $5,919.00. It was the consensus of the City Council that the recommendation be
adopted.
M&C P-3775 re
purchase of self-
There was presented Mayor and Council Communication No. P-3775 from the City
turning vehicle
Manager submitting a tabulation of bids received for the purchase of self -tuning
detectors for the
vehicle detectors for the Transportation and Public Works Department; stating that
and
rblic
purchases will be charged to General Fund 01, Inventory Subsidiary Account
Works D
Public Works De-
No. 141-000273; and recommending that the purchase be made from ASI on low bid meeting
partment from ASI
City specifications for an amount not to exceed $12,417.00 f.o.b. Fort Worth. It was
the consensus of the City Council that the recommendation be adopted.
&C P-3776 re
purchase agreement
There was presented Mayor and Council Communication No. P-3776 from the City
on P.V.C. valves,
Manager submitting a tabulation of bids received for a purchase agreement for P.V.C.
fittings, and pipe
valves, fittings, and pipe for City departments; stating that budgeted funds are
sufficient to cover the anticipated expenditure by each department participating in
this agreement; and recommending that the City Council:
1. Authorize a purchase agreement for P.V.C. valves, fittings and
pipe, on the low overall bid of unit prices less percentage
off list price as follows:
Great Western Supply Co.
Fort Worth, Texas
Discount from
Catalogue Price List
A. P.V.C. Schedule 80 & 40 Pipe 0%
B. P.V.C. Bushings -88.2%
C. P.V.C. Adapters -88.2%
D. P.V.C. Caps -88.2%
E. P.V.C. Couplings -88.2%
F. P.V.C. Crosses -83.98%
G. P.V.C. Elbows -88.2%
H. P.V.C. Flanges -88.2%
I. P.V.C. Nipples -88.2%
J. P.V.C. Plugs -88.2%
K. P.V.C. Tees -88.2%
L. P.V.C. Unions -88.2%
M. P.V.C. Ball Valves -64.0%
Terms are net, f.o.b. Fort Worth.
2. Authorize all City departments to participate in this
agreement, if needed, effective from date of authorization
until expiration one year later, with option to renew annually
for two (2) years.
&C P-3776 adopted
It was the consensus of the City Council that the recommendations be adopted.
&C P-3777 re
There was presented Mayor and Council Communication No. P-3777 from the City
urchase of main
Manager recommending that the City Council confirm the emergency purchase of a main
otor blade set
rotor blade set from Bell Helicopter Textron for the Police Department for an amount
from Bell Helicopt
not to exceed $30,753.00, with funds available in General Fund 01, Account
r Textron for the
No. 35-33-00, Index Code 328252. On motion of Council Member Garrison, seconded by
Police Department
Council Member Chappell, the award of an order in the amount of $30,753.00 to Bell
i
Helicopter Textron was approved, confirmed, and ratified.
I
Minutes of City Council N-3 Page 226
&C L-9940 re
cquisition of
ermanent and tem-
orary constructio
asements
M&C L-9940 adopted
M&C L-9941 re
amendment with
Gerry Curtis
Associates,.Inc.
Tuesday, October 17, 1989
There was presented Mayor and Council Communication No. L-9940 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 Name: Drainage and Construction Easements for Storm
Drain Improvements at William Green Elementary School
Type of Acquisition: Permanent and Temporary Construction
Easements
Description of Land:
Drainage Easement - A strip of land from the west side of
Tract 40, David Strickland Survey, Abstract No. 1376, as
described in Volume 8054, Page 648, Deed Records, Tarrant
County, Texas. This strip of land is adjacent to the north
right-of-way line of David Strickland Road and contains 1,000
square feet of land as required for a drainage easement.
Temporary Construction Easement - A strip of land out of the
above described tract of land, containing 20,444 square feet of
land as required for a temporary construction easement.
Square Feet: D.E. - 1,000
T.C.E. - 20,444
Zoning: "AG" Agriculture
Consideration: $1.00
Location: 5400 (Block) David Strickland Road
Owner: Hal Ford Smith and Dee M. Perkins, Jr.
Financing: Sufficient funds are available in Street
Improvement, Fund 67, Project No. 095105-00, Land Acquisition.
This expenditure will be made from Index Code 699884.
Land Agent: Ethel Roberts
2. Project Name: Meacham Boulevard Improvement
Type of Acquisition: Temporary Construction Easement
Description of Land: An irregularly shaped strip of land
adjacent to the north property line of Tract 2, J. Bursey
Survey, Abstract No. 122, as recorded in Volume 5460, Page 380,
Deed Records, Tarrant County, Texas.
Square Feet: 22,595 Zoning: "K" Heavy Industrial
Parcel No.: 4
Consideration: $1.00
Location: West of Mark IV Parkway
Owner: Blakeman Corporation
Financing: Sufficient funds are available in Street
Improvement, Fund 30, Project No. 023191-00, Meacham Boulevard
Project. This expenditure will be made from Index Code 680512.
Land Agent: Aleeta Hackney
It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. L-9940, be adopted.
There was presented Mayor and Council Communication No. L-9941 from the City
Manager stating that a contract was authorized with Gerry Curtis Associates, Inc., on
January 3, 1989, by Mayor and Council Communication No. C-11349 for surveying and
platting work connected with Z Boaz Park (South); that City staff requirements have
resulted in their original scope of the work being increased; that the Transportation
and Public Works Department required that floodways be defined by metes and bounds and
the proposed R.O.W. for several streets had to be staked and defined by metes and
bounds; that the additions will cost an estimated $5,000.00, raising the value of the
contract from $12,000.00 to $17,000.00; and recommending that an amendment to City
Minutes of City Council N-3 Page 227
M&C L-9941 cont.
M&C L-9942 re
pipeline license
agreement with
Atchison, Topeka,
and Santa Fe Rail
road for the
license to Atchisoi
Topeka, and Santa
Fe
M&C L-9943 re
acquisition of
permanent and tem-
porary easements
M&C C-11925 re
Contract with
Liberation Commun-
ities, Inc. for
Administration of
the Rental Assist-
ance Program
Tuesday, October, 17, 1989
Secretary Contract No. 11349 be authorized with Gerry Curtis Associates, Inc., which
would increase the allowable contract amount by $5,000.00 to cover additional work
requested by City staff; and approve a transfer in Park and Recreation Improvement Fund
05 from 05-050012-00, Developing Areas, to 05-041060-00, South Z Boaz Park, to amend
contract. It was the consensus of the City Council that the recommendations be
adopted.
There was presented Mayor and Council Communication No. L-9942 from the City
Manager stating it is necessary that the City enter into a pipeline license agreement
with Atchison, Topeka and Santa Fe Railroad Company for the installation of a 20" water
main, 16" sanitary sewer, and an 8" sanitary sewer near Mile Posts 2+5017.9, 2+4997.9,
and 3+0946.2; stating that funds are available in Water Capital Improvement Fund 09,
Project Number 019003-00, and Sewer Capital Improvement Fund 54, Project Number
019001-00, Index Codes 653303 and 684118, respectively; and recommending that the City
Council authorize the City Manager to enter into a pipeline license agreement with
Atchison, Topeka and Santa Fe Railroad; and that Atchison, Topeka and Santa Fe be paid
a total consideration of $1,200.00 for the license. It was the consensus of the City
Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. L-9943 from the City
Manager recommending that the City pay a total consideration of $7,750.00 for permanent
and temporary easements in Lot 2, Block B, Carter Park Addition, as recorded in Volume
9532, Page 1596, Deed Records, Tarrant County, Texas; same being along the south
right-of-way line and along the 1100 block of Prince Drive, where it extends southerly
for 98.2 feet; located at 1155 East Seminary Drive; owned by Trinh Quang Pham and
Chuong Nguyen and Lamar Stuckert; and required for Seminary Drive Storm Drain
Improvements/Parcel No. 2. It was the consensus of the City Council that the easements
be acquired as recommended and that the expenditure be charged to Street Improvement
Fund 67, Project Number 040120-00, Index Code 699884.
There was presented Mayor and Council Communication No. C-11925, dated
October 10, 1989, from the City Manager, as follows:
SUBJECT: CONTRACT WITH LIBERATION COMMUNITIES, INC. FOR
ADMINISTRATION OF THE RENTAL ASSISTANCE PROGRAM
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager
to:
1. Rescind M&C C-11768 authorizing the City to contract with the
Women's Center of Tarrant County, Inc. for administration of
the Rental Assistance Program.
2. Execute a twelve-month contract with Liberation Communities,
Inc., for the period November 1, 1989 to October 31, 1990 in
the amount of $282,527 for administration of the Rental
Assistance Program ($35,000), and rental subsidy payments
($247,527) for up to eighty families, with an option to renew
the contract for an additional twelve months;
3. Authorize the expenditure of $100,733 from Grant Fund 76,
Project No. 206081-24 Rental Assistance Demonstration Program,
$99,267 from Grant Fund 76, Project No. 206080-24, Rental
Assistance Demonstration Program, and $47,527 from Grant
Fund 76, Project No. 206086-22, rental subsidies.
DISCUSSION:
On October 11, 1988, the City Council passed CP 133 - An Affordable
-. Housing Policy. The directive provided to staff was to develop a
new housing program which would provide assistance and, at the same
time, provide families with the opportunity to move closer to
self-sufficiency. On December 12, 1988, the Community Development
Council reviewed the design and implementation of a Rental Subsidy
Demonstration Program and set aside $622,000 in Community
Development Block Grant (CDBG) Years XV, XII and XI Entitlement
funds to be used for the rental assistance program.
On January 3, 1989, M&C G-7886, City Council approved the design
and implementation of a 2 -year Rental Assistance Demonstration
Program and authorized its financing.
Federal regulations prohibit the use of more than 15% of each
year's entitlement for public service activities. The City has
requested a waiver of this provision from the Department of HUD.
The waiver, if granted, would allow the expenditure of previously
obligated CDBG Year XI and XII funds for this program without
having these funds included in the current Year XV, Public Services
expenditures. Thus, case management funds set aside for the Rental
Assistance Program could be used at a later date. At this time,
the waiver has not been granted by HUD. If the waiver is not
Minutes of City Council N-3 Page 228
Tuesday, October 17, 1989
M&C C-11925 cont. granted, the program can still be operated, but fewer families
would be served.
PROGRAM DESCRIPTION:
Through Liberation Communities, Inc., the City will provide funds
to subsidize rental payments for rental of approximately 80
apartment units at Regalridge Square Apartments. This is a
project -based rental assistance program which means the subsidy
remains with the apartment unit rather than with the family. The
Women's Center had originally proposed to administer the program
and was approved as contractor in M&C C-117681. Since then, the
Women's Center's Board of Directors has declined to sign a contract
to administer the program.
Participants in the program will be lower income families whose
incomes fall below 80% of the median family income based on the
family size. Families targeted for this project will be selected
from those on the Fort Worth Housing Authority's waiting list,
families certified through the City's Neighborhood Resource
Development Program, and families referred by social service
agencies who serve low income persons. If these sources yield an
insufficient number of clients, the Project and its eligibility
criteria will be advertised in the media. Since this is a two-year
program, no one will be admitted after the first six months of
operation in order for all families to receive at least 18 months
of subsidized rent.
Liberation Communities, Inc. has agreed to: (1) establish a
financial and accounting system for the handling of the subsidy
payments; (2) disburse these funds to the property owner on a
monthly basis; (3) screen and certify families for program
eligibility, and (4) publicize the program and recruit potential
tenant families. The program will not include a case management
component at this time.
The City's approved indirect cost rate does not apply to this
program since all funds are contracted.
FINANCING:
Sufficient funds are available as follows:
Community Development Block Grant funding for rental subsidies is
available in the amount of $47,527 in Grant Fund 76, Project
No. 206086-22, Rental Assistance Program, $99,267 in Grant Fund 76,
Project No. 206080-24, Rental Assistance Program, and $100,733 in
Grant Fund 76, Project No. 206081-24, Rental Assistance Program.
Funding for the Liberation Communities, Inc., in the amount of
$35,000 for administration, is available in Grant Fund 76, Project
No. 206086-79 ($100,000), Rental Assistance Demonstration Program.
Expenditure will be made from Index Code 500637, Other Professional
Services.
M&C C-11925 adopted Council Member Webber made a motion, seconded by Council Member McCray, that the
IIrecommendations, as contained in Mayor and Council Communication No. C-11925, be
adopted.
Assistant City Manager Ramon Guajardo appeared before the City
advised the City Council that the contract period is set for November 1 for
Assistance Program; and a one-month delay, in his opinion, would delay the
of the program; and that the same recommendation of Liberation Communities,
administration of the Rental Assistance Program is recommended.
Chappell,
When the
following
Council and
the Rental
first step
Inc., for
Council Member Granger made a substitute motion, seconded by Council Member
that Mayor and Council Communication No. C-11925 be continued for one month.
motion was put to a vote by the Mayor Pro tempore, it failed to pass by the
vote:
AYES: Council Members Chappell and Granger
NOES: Mayor Pro tempore Gilley; Council Members Garrison, McCray, i
Murrin, and Webber
ABSENT: Mayor Bolen and Council Member Zapata
When the motion, that the recommendations, as contained in Mayor and Council
Communication No. C-11925, be adopted, was put to a vote by the Mayor Pro tempore, it
prevailed by the following vote:
Minutes of City Council N-3 Page 229
s. Roselea Garrets
e claim filed for
)ledged damages t(
er property
M&C C-11926 )#dthdrew
Management Agree-
ment and Ground
Lease Agreement
with Pinnacle Air
Services, Inc.
M&C C-11927 re
contract with
Traffic Consultants,
Inc. to provide
intergovernmental
coordination and
other services in
connection with the
State Department of
Highways and Public)
Transportation's
Principle Arterial
Street System Pro-
gram
&C C-11928 re
greement amending
he Texas water
ommission/City of
ort Worth Health
epartment contrac,
or urban storm-
ater sampling
&C C-11929 re
ontract for con-
truction of odor
ontrol facilities
Tuesday, Octobers 17, 1989
AYES: Mayor Pro tempore Gilley; Council Members Garrison, McCray,
Murrin, and Webber
NOES:
Council Members
Granger
and Chappell
ABSENT:
Mayor Bolen and
Council
Member Zapata
Ms. Roselea Garrett, 2724 South Adams, appeared before the City Council in
reference to a claim against the City of Fort Worth resulting from alleged damages to
her home's foundation, caused by water and drainage problems when the City repaved
Adams Street and presented correspondence from Mr. Ken Groves.
Council Member Chappell requested that the matter be referred to the City
Manager's Office for a report to the City Council and response to Ms. Garrett.
It was the consensus of the City Council that Mayor and Council Communication
No. C-11926, Management Agreement and Ground Lease Agreement with Pinnacle Air
Services, Inc., for Management and Operation of Fort Worth Alliance Airport be
withdrawn from the agenda.
There was presented Mayor and Council Communication No. C-11927 from the City
Manager stating that Mr. J.R. Stone, District Engineer for District 2 of the State
Department of Highways and Public Transportation, briefed the City Council and staff on
a new urban system network on September 9, 1987, designated as the Principle Arterial
Street System; that PASS system is intended to supplement the regular Federal -Aid Urban
System Program and would increase state-wide funding for urban street construction from
$63 million per year to $100 million per year for the next five years; that the City's
recent experiences with the Park Hill Drive Bridge, IH -35W Corridor Studies, Alliance
Boulevard and Eagle Parkway interchanges, etc. indicate that, on projects involving the
State Department of Highways and Public Transportation, it would be in the City's best
interest to have the work coordinated by a firm knowledgeable in the review, approval,
and public improvement processes at the local, state, and federal levels; that the firm
of Traffic Consultants, Inc., is performing such services in connection with the
proposed highway improvements along the IH -35W corridor from State Highway 114 to North
Loop 820, City Secretary Contract No. 16899; that it is recommended TCI be authorized
to perform similar coordinating services in connection with the nine PASS projects
already approved as well as with five more proposed projects which the City intends to
recommends to the SDHPT on behalf of the Fort Worth Transit Authority; that TCI
proposes to perform the work on an hourly rate basis plus actual non -labor expenses for
a fee not to exceed $50,000.00; and recommending that the City Manager be authorized to
execute a contract with the firm of Traffic Consultants, Inc., to provide
intergovernmental coordination and other services in connection with the State
Department of Highways and Public Transportation's Principle Arterial Street System
Program, for a fee not to exceed $50,000.00; and that a bond fund transfer in the
amount of $50,000.00 be authorized from 67-023139-00, City Share of SDHPT Projects
Unspecified, to 67-023210-003, PASS Projects Coordination, to provide funds for
consultant's fee. It was the consensus of the City Council that the recommendations be
adopted.
There was presented Mayor and Council Communication No. C-11928 from the City
Manager stating that an extended period of high flow in the Trinity River has prevented
completion of sampling activities outlined in the Texas Water Commission/City of Fort
Worth Health Department Contract for urban stormwater sampling; that the contract
termination date is recommended to be extended from August 31, 1989, to December 31,
1989, which will allow sampling to continue through the remainder of the calendar year
for 1989; that the amendment involves only the contract termination date and does not
affect the total dollar amount; and recommending that the City Manager be authorized to
execute an agreement amending the Texas Water Commission/City of Fort Worth Health
Department Contract for urban stormwater sampling TWC Contract No. 14-80045, extending
the completion date from August 31, 1989, to December 31, 1989. It was the consensus
of the City Council that the recommendation be adopted.
There was presented Mayor and Council Communication No. C-11929 from the City
Manager, as follows:
SUBJECT: PROPOSED CHANGE ORDER NO. 1 TO ODOR CONTROL FACILITIES,
CATEGORY B, PHASE 1-C-3, VILLAGE CREEK WASTEWATER
TREATMENT PLANT
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a transfer of funds in the amount of $35,999 from
Sewer Capital Improvement Fund 80, Project No. 016001-00,
Village Creek Odor Control Facilities, Category B, Phase 1-C-3
to Grant Fund 76, Project No. 214697-00, Village Creek Odor
Control Facilities, Category B, Phase 1-C-3; and
2. Authorize Change Order No. 1 in the amount of $35,999, and
time extension of 60 calendar days to the contract for
construction of Odor Control Facilities, Category B,
Phase 1-C-3 Village Creek Wastewater Treatment Plant revising
the total contract cost to $4,935,499 and total contract time
to 425 calendar days.
Minutes of City Council N-3 Page 230
Tuesday, October, 17, 1989
M&C C-11929 cont. 11 BACKGROUND:
On January 10, 1989 (M&C C-11404), the City Council authorized the
award of a contract to Temple Associates for construction of Odor
Control Facilities, Category B, Phase 1-C-3 at the Village Creek
Wastewater Treatment Plant.
During construction, it was determined necessary to change and/or
modify several items to comply with actual field conditions and
take advantage of modern manufacturing capabilities. These items
are described below:
PROJECT NO.: 08-016001-00 (76-214697-03)
PROPOSED CHANGE ORDER:
The contractor, Temple Associates, will perform this additional
work for $35,999 and sixty (60) additional calendar days.
The proposed changes are as follows:
Time
Extension
Days
1.. Modify the reinforcing steel within
the toe of the concrete retaining
wall for the scrubber equipment slab. 4
2. Add steel reinforcement to all con-
crete encasing the electric duct
banks. 11
- 3. The finish grading plan was modified
to allow for better drainage around
the scrubber pad retaining wall. 0
4. Modify a portion of the large -dia-
meter ducts near the scrubber equip-
ment pad. 0
5. Repair a block-out in the concrete
retaining wall deleted by the scrub-' -
ber duct modifications in Item No. 3. ' 1
6. Exposed electrical conduits were re-
located from the chemical trench to
embedment within the concrete equip-
ment slab. 0
7. Increase the size of electrical wire
and conduit for the treatment plant's
existing Yard Water Pump Station 1. 0
8. Polyvinyl chloride (PVC) was substi-
tuted for polyvinyldine fluoride
(PVDF) for the body material for but-
terfly valves, because PVDF is not
available as body material. ' 0
9. Modify the alignment and depth of re-
routed sludge lines (10 -inch and 12 -
inch) and a 3 -inch potable water line. 0
10. PVC pipe and fittings were substituted
for chlorinated polyvinyl chloride
(CPVC) pipe and fittings for equipment
slab drainage piping.
11. After relocating potable water lines
below ground, in Item 8, the control
system was modified to utilize only
one thermostat.
12. Substitute foam for balsa wood as
filler material in weir area covers
for 15 primary clarifiers.
13. Contract extension due to severe
flooding conditions at project site
during May and June 1989.
14. Item 3 also increased the depth of two
fiberglass sump pump manholes. A lump
Minutes of City Council N-3 Page 231
111
0
X
14
Amount $
$ 1,250
$14,146
0
0
$ 731
<$ 2,287>
$ 605
<$16,178>
$20,026
<$ 1,320>
0
<$29,800>
0
Tuesday, October, 17, 1989
Minutes of City Council N-3 Page 232
M&C C-11929 cont.
sum of $4,546 is associated with ma-
terials and labor for the increased
manhole depths. The remainder,
$14,480 is a not -to -be exceeded allow-
ance for dewatering, if equipment and
labor is required to facilitate the
increased excavating depth. 0 $19,026
15. Add 224 steel supports for the efflu-
ent trough on four primary clarifiers. 30 $29,800
TOTAL CHANGE ORDER 60 Days $35,999
The compensation agreed upon in this Change Order is a full,
complete and final payment for all costs the Contractor may incur
as a result of or relating to this change whether said costs are
known, unknown, foreseen or unforeseen at this time, including
without limitation, any cost for delay, extended overhead, ripple
or impact cost, or any other effect on changed or unchanged work as
a result of this changed or unchanged work as a result of this
Change Order.
The net effect of the proposed change order is as follows:
Original Contract Cost $4,899,500.00
Proposed Change Order No. 1 $ 35,999.00
Revised Contract Cost $4,935,499.00
The Consultant, Alan Plummer and Associates, Inc., and the Resident
Engineer for the Water Department have reviewed the proposed
charges and time extension and found them reasonable for similar
work.
FINANCING:
Sufficient funds are available to transfer from Sewer Capital
Improvement Fund 80, Project No. 016001-00, Village Creek Odor
Control Facilities, Category B, Phase 1-C-3. Upon approval and
completion of Recommendation No. 1 in the amount of $35,999.00,
sufficient funds will be available in Grant Fund 76, Project
No. 214697-03, Village Creek Odor Control Facilities, Category B,
Phase 1-C-3. Expenditures will be made from Index Code 511642.
M&C C-11929,
It was the consensus of the City Council that the recommendations, as contained in
adopted
Mayor and Council Communication No. C-11929, be adopted.
M&C C-11930 re
There was presented Mayor and Council Communication No. C-11930 from the City
contract for con-"
Manager, as follows:
struction of
Village Creek
SUBJECT: PROPOSED CHANGE ORDER NO. 2 TO VILLAGE CREEK WASTEWATER
Wastewater Treat-
TREATMENT PLANT, SLUDGE MANAGEMENT PROJECT, PHASE 1-B-3,
ment Plant
INTERMEDIATE PIPELINES
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a transfer of funds in the amount of $31,662 from
Sewer Capital Improvement Fund 80, Project No. 014901-00,
Unspecified Major Mains to Grant Fund 76, Project
No. 214699-00, Village Creek Wastewater Treatment Plant,
Sludge Management Project, Phase 1-B-3, Intermediate
Pipelines; and
2. Authorize Change Order No. 2 in the amount of $31,661.39 to
the contract for construction of the Village Creek Wastewater
Treatment Plant, Sludge Management Project, Phase 1-B-3,
Intermediate Pipelines, revising the total contract cost to
$1,275,661.39 and adding seven (7) calendar days for
completion.
BACKGROUND:
On March 16, 1989 (M&C C-11502), the City Council authorized the
award of a contract to Tex-Struct, Inc., for construction of the
Village Creek Wastewater Treatment Plant, Sludge Management
Project, Phase 1-B-3, Intermediate Pipelines.
PROJECT NO.: 54-016001-00 (76-214699-04)
PROPOSED CHANGE ORDER:
The contractor, Tex-Struct, Inc., will perform this additional work
I
for $31,661.39 and seven (7) additional calendar days.
Minutes of City Council N-3 Page 232
M&C C-11930 cont.
M&C C-11930
adopted
M&C C-11931 re
contract to Tex-
Struct INc. for
construction of
Village Creek
Wastewater Treat-
ment Plant
Tuesday, October 17, 1989
During construction it was discovered that certain changes and/or
modifications would be necessary in order to comply with actual
field conditions. These items are described below:
1. Install three (3) Air Release
Vents on South levee @ Lump Sum $ 2,999.68
2. Install additional Riprap along
Trinity River bank due to erosion
caused by heavy rains @ Lump Sum $26,608.39
3. Extra cost to locate a 12 -Inch
decant line that was not as shown
plans @ Lump Sum $ 2,053.32
Total Change Order $31,661.39
The net effect of the proposed change order is as follows:
Original Contract Cost $1,244,000.00
Change Order No. 1 -0-
Proposed Change Order No. 2 $ 31,661.39
Revised Contract Cost $1,275,661.39
The Construction Manager, Brown and Caldwell/Freese and Nichols a
joint venture, and the staff engineers of the Water Department have
reviewed the proposed charges and found them reasonable for similar
work.
FINANCING:
Sufficient funds are available to transfer from Sewer Capital
Improvement Fund 80, Project No, 014901-00, Unspecified. Upon
approval and completion of Recommendation No. 1 in the amount of
$31,662.00, sufficient funds will be available in Grant Fund 76,
Project No. 214699-04, Construction Eligible, Village Creek
Wastewater Treatment Plant, Sludge Management Project, Phase 1-B-3,
Intermediate Pipelines. Expenditures will be made from Index Code
511642.
It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. C-11930, be adopted.
There was presented Mayor and Council Communication No. C-11931 from the City
Manager, as follows:
SUBJECT: PROPOSED CHANGE ORDER
TREATMENT PLANT, SLUDGE
INTERMEDIATE PIPELINES
RECOMMENDATION:
NO. 3 TO VILLAGE CREEK WASTEWATER
MANAGEMENT PROJECT, PHASE 1-B-3,
It is recommended that the City Council:
1. Authorize a transfer of funds in the amount of $22,161 from
Sewer Capital Improvement Fund 80, Project No. 014901-00,
Unspecified Major Mains to Grant Fund 76, Project
No. 214699-00, Village Creek Wastewater Treatment Plant,
Sludge Management Project, Phase 1-B-3, Intermediate
Pipelines; and
2. Authorize Change Order No. 3 in the amount of $22,160.35 to
the contract for construction of the Village Creek Wastewater
Treatment Plant, Sludge Management Project, Phase 1-B-3,
Intermediate Pipelines revising the total contract cost to
$1,297,821.74.
BACKGROUND:
On March 16, 1989 (M&C C -11502), -the City Council authorized the
award of a contract to Tex-Struct, Inc. for construction of the
Village Creek Wastewater Treatment Plant, Sludge Management
Project, Phase 1-B-3, Intermediate Pipelines.
PROJECT NO.: 54-016001-00 (76-214699-04)
PROPOSED CHANGE ORDER:
During construction it was determined that it was necessary to
change and/or modify certain items in the plans and specifications
to comply with actual field conditions
Minutes of City Council N-3 Page 233
.29's '� e
Tuesday, October, 17, 1989
Minutes of City Council N-3 Page 234
M&C C-11931 cont.
The contractor Tex-Struct, Inc., will perform this additional work
for $22,160.35.
1. Add nine (9) cleanouts and remove
one (1) cleanout @ Lump Sum $19,582.39
2. Disposal of approximately 450 cubic
yards of river bed material @ Lump Sum $ 1,959.59
3. Extra service due to accidental opening
of decant line while making tie-in @ Lump Sum $ 678.37
Total Change Order $22,160.35
The net effect of the proposed change order is as follows:
Original Contract Cost $1,244,000.00
Extras to Date $ 31,661.39
Proposed Change Order No. 3 $ 22,160.35
Revised Contract Cost $1,297,821.74
The construction manager, Brown and Caldwell, Inc., and Freese and
Nichols, Inc., and the staff engineers of the Water Department have
reviewed the proposed charges and found them reasonable for similar
work.
FINANCING:
Sufficient funds are available to transfer from Sewer Capital
Improvement Fund 80, project No. 014901-00, Unspecified Major Mains.
Upon approval and completion of Recommendation No. 1 in the amount
of $22,161.00, sufficient funds will be available in Grant Fund 76,
Project No. 214699-04, Village Creek Wastewater Treatment Plant,
Sludge Management Project, Phase 1-B-3, Intermediate Pipelines.
Expenditures will be made from Index Code 511642.
M&C C-11931.
It was the consensus of the City Council that the recommendations, as contained in
adopted
Mayor and Council Communication No. C-11931, be adopted.
M&C C-11932 re
Home Improvement
There was presented Mayor and Council Communication No. C-11932 from the City
Loan Program with
Manager stating that a contract was authorized with U.S. Department of Housing and
First gibraltar
Urban Development on April 18, 1989, by Mayor and Council Communication No. G-8005 for
Bank
the Fifteenth Year Community Development Block Grant; that included in the budget was
$60,000.00 in unprogrammed funds to be transferred to the Home Improvement Loan
Program; that the HIL is an in-house program, administered by the Housing and Human
Services Department, designed to provide emergency repair and low interest home
improvement loans to low and moderate income homeowners; that the HIL operates in
conjunction with First Gibraltar Bank, f.s.b. which acts as the loan servicing agency;
that funds are available in Grant Fund 76, under various accounts; and recommending
that the City Council approve an additional $60,000.00 for the Home Improvement Loan
Program; authorize the City Manager to execute an amendment to City Secretary Contract
No. 17255, with the First Gibraltar Bank, f.s.b. to allow the deposit of $60,000.00 to
operate the Home Improvement Loan Program; and authorize the transfer of funds. It was
the consensus of the City Council that the recommendations be adopted.
M&C, C-11933 re
There was presented Mayor and Council Communication No. C-11933 from the City
amendment to en-
Manager stating that the 1986-88 Capital Improvement Program included funds for the
gineering contract
design and construction of Bryant Irvin Road from Bellaire Drive South to the Trinity
with Yandell &
River and a new bridge over the Trinity River; that the City Manager was authorized to
Hiller, Inc. for
enter into a contract with Wani-Apel and Associates, Inc., on April 14, 1987, by Mayor
additional enineer
and Council Communication No. C-10219, in a joint venture with Yandell & Hiller, Inc.,
ing services for
in the amount of $65,000.00, to provide engineering design for this project; that,
Bryant Irvin Road
subsequent to approval of the Mayor and Council Communication, Wani-Apel and
from Bellaire Drive
Associates, Inc., determined that the cost of the Professional Liability Insurance
South to Trinity
required by the City was prohibitive; that the City Council rescinded the action of
River
April 14, 1987, on June 23, 1987, by Mayor and Council Communication No. C-10365 and
authorized the City Manager to execute City Secretary Contract No. 15810 with Yandell &
Hiller, Inc., in the amount of $65,000.00 for the design of the subject project with
the understanding that Wani-Apel and Associates, Inc., subcontract with Yandell &
Hiller, Inc., for a substantial portion of the work; that the City Council authorized
the City Manager to execute a contract amendment to Contract No. 15810 on October 4,
1988, by Mayor and Council Communication No. C-11224 to provide for design of a small
low-water dam across the Trinity River; that this amendment increased the design fee
from $65,000.00 to $83,500.00; that staff recognizes the design and approvals for the
dam will take some time to complete and the Tarrant County Water Control and
Improvement District No. 1 will not permit the bridge to be constructed until the dam
is approved; that staff believes the best course of action is to separate the roadway
project from the bridge and proceed as expeditiously as possible with the street
improvements; that Yandell & Hiller, Inc., Consulting Engineers, a Fort Worth firm, has
proposed to separate the project and prepare plans, specifications, and contract
documents for two projects instead of one for an amount not to exceed $4,400.00; that
funds are available in Street Improvement Fund 67, Project Number 023205-00, Index Code
630202; and recommending that the City Manager be authorized to execute an amendment to
i
City Secretary Contract No. 15810 with Yandell & Hiller, Inc., in the amount of
Minutes of City Council N-3 Page 234
&C C-11933 cont.
nd adopted
&C C-11934 re
mendment contract
ith Albert H.
alff, Inc. for
onstruction en-
ineering at
lliance Airport,
hase I
&C C-11935 re
mendment with
andell & Hiller,
nc. for reconstru
ion of Meadowbr
rive and Weiler
oulevard
&C C-11936 re
mendment with
amp Dresser & Mc
ee, Inc. for re-
ision of designs
nwood Drive (Over
on Park) channel
mprovements
&C C-11937 re
pproved change
rder No. 1 with
. Hakim Concrete
onstructors
of
Tuesday, October, 17, 1989
$4,400.00 for additional engineering services for Bryant Irvin Road. It was the
consensus of the City Council that the recommendation be adopted.
There was presented Mayor and Council Communication No. C-11934 from the City
Manager stating that a contract was authorized with Albert H. Halff Associates, Inc.,
in an amount not to exceed $212,850.00 on May 24, 1988, by Mayor and Council
Communication No. C-10986 to perform construction engineering, inspection, and
surveying necessary for the construction of Phase I, Fort Worth Alliance Airport
grading, drainage, and channel improvements; that the contract was negotiated based on
an eight-hour day, six-day week, for a construction term of 200 calendar days; that
compensation for additional work due to contractor's decision to work additional time
was subject to approval by the City; that additional services were required due to
several unforeseen developments including delay in completing the project, change
orders which added more work and time to the contract, and weather related delays; that
staff has negotiated the extra charges claimed by Albert H. Halff Associates, Inc., and
believes the total amount of $24,187.50 is a fair and reasonable compensation for the
necessary additional services; that funds are available in Grant Fund 76, Project
Number 218600-06, Index Code 400390; and recommending that the City Manager be
authorized to execute an amendment to City Secretary Contract No. 16449 with the Albert
H. Halff, Inc.,,in the amount of $24,187.50, increasing its fee for construction
engineering at Alliance Airport,. Phase I to a maximum of $237,037.50. It was the
consensus of the City Council that the recommendation be adopted.
There was presented Mayor and Council Communication No. C-11935 from the City
Manager stating that Proposition No. 1 of the 1986-88 Capital Improvement Program,
approved by the voters on March 22, 1986, included funds for reconstruction of
Meadowbrook Drive from Watson Road to Loop 820, and for Weiler Boulevard from
Meadowbrook Drive to Norma Street; that the City Council authorized the firm of Yandell
& Hiller, Inc., to prepare plans, specifications, and bidding documents on June 16,
1987, by Mayor and Council Communication No. C-10352 for the Meadowbrook Drive and
Weiler Boulevard projects; that the intent of the contract was to prepare a single
bidding package to cover both projects inasmuch as the two thoroughfares are
contiguous; that Yandell & Hiller, Inc., has agreed to prepare separate sets of bidding
documents covering each project rather than a single set covering both projects for an
additional fee not to exceed $3,500.00; that staff considers this additional fee to be
fair and reasonable for the work involved; and recommending that the City Manager be
authorized to execute an amendment to City Secretary Contract No. 15767 with the firm
of Yandell & Hiller, Inc., in the amount of $3,500.00, raising the total fee not to be
exceeded from $68,750.00 to $72,250.00; and that upon fund transfer in the amount of
$3,500.00 be authorized from 67-095901-00, Engineering Unspecified, to 67-040132-00,
Meadowbrook Drive/Weiler Boulevard Reconstruction, to provide funds for consultant's
fee. It was the consensus of the City Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. C-11936 from the City
Manager stated that the City Council authorized the firm of Camp Dresser & McKee, Inc.,
to study the hydrology and hydraulics of portions of the Inwood Drive (Overton Park)
and Sarita Drive channels, and to make recommendations for increasing the channels'
capacities and arresting the bank erosion which is endangering both public and private
property; that, on March 22, 1986, the voters of Fort Worth approved a Capital
Improvement Program which included $1 million for Inwood Drive Channel Improvements;
that the City Council authorized CDM to prepare final plans and specifications for
channel improvements in accordance with the firm's recommendations on September 8,
1987, by Mayor and Council Communication No. C-10504; that the work was closely
coordinated with with the staff of the Park and Recreation Department and the
Transportation and Public Works Department; that, during the past few months, the
Transportation and Public Works staff has briefed the Park and Recreation Advisory
Board and the Streams and Valleys Committee, as well as one well -attended public
meeting, on the proposed channel improvement program; that all of the groups were
decidedly apposed to improving the Inwood Drive (Overton Park) channel with a concrete
lining; that various alternative designs were discussed, and the groups overwhelmingly
supported a plan that would line the channel walls with rock gabions while leaving the
channel bottom in its natural state; that CDM proposes to redesign the channel
improvements for a fee not to exceed $44,000.00, raising the maximum fee from
$55,000.00 to $99,000.00; that staff considers this proposed increase to be fair and
reasonable for the work involved; and recommending that the City Manager be authorized
to execute an amendment to City Secretary Contract No. 15936 with the firm of Camp
Dresser & McKee, Inc.; to revise the design of the Inwood Drive (Overton Park) channel
improvement for an additional fee not to exceed $44,000.00, raising the maximum fee
from $55,000.00 to $99,000.00; and that a bond fund transfer in the amount of
$44,000.00 be authorized from 67-095901-00, Engineering Unspecified, to 67-028840-00,
Inwood Drive/Sarita Drive Channel Improvements, to provide funds for consultant's fees.
It was the consensus of the City Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. C-11937 from the City
Manager, as follows:
SUBJECT: CHANGE ORDER NO. 1 MISCELLANEOUS CURB AND GUTTER,
DRIVEWAY AND PAVEMENT BASE REPAIRS (89-3) .
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the following fund transfer:
Minutes of City Council N-3 Page 235
0�
Tuesday, October, 17, 1989
M&C C-11937 cont. FROM TO AMOUNT REASON
93-057801-00 93-053115-00 $77,404.00 To provide
1989 Program Miscellaneous funds for
Unspecified Curb and Gutter, additional
Driveway and construction
Pavement Base costs.
Repair (89-3)
2. Approve Change Order No. 1 in the net amount of $19,070 and
ten (10) additional working days and authorize the City
Manager to increase City Secretary Contract No. 17125 with S.
Hakim Concrete Constructors to $96,160.00 and 40 working days
for Miscellaneous Curb and Gutter, Driveway, and Pavement Base
Repairs (89-3).
DISCUSSION:
On May 9, 1989 (M&C C-11626), the City Council awarded a contract
in the amount of $77,090.00 to S. Hakim Concrete Constructors for
Miscellaneous Curb and Gutter, Driveway and Pavement Base Repair
(89-3). This contract was assigned City Secretary Contract
No. 17125.
PROPOSED CHANGE ORDER NO. 1:
Since initiation of this project, the pavement base on Evans
Avenue, one of the streets in this contract, has deteriorated to
such an extent that an additional 2,262 square yards of base repair
is necessary for the resurfacing, increasing Contract No. 17125B by
$77,404.00. The Contractor has been directed to perform only
minimal driveway improvements and only essential curb and gutter
repairs thereby decreasing Contract No. 17125A by $58,334.00. This
will result in a net increase in the contract amount of $19,070.
Engineering staff has reviewed these changes and concurs that such
additional work is necessary and the increase in contract cost is
fair and reasonable. Pavement base repair is financed by General
Fund monies rather than bond funds. Once the contract is complete,
remaining bond funds will be transferred back into the appropriate
undesignated account.
PROJECT COST:
Original Contract Cost: $77,090.00
Proposed Change Order No. 1: 19,070.00
Proposed Contract Cost: $96,160.00
Approval of Proposed Change Order No. 1 will result in an increase
of 24.73% to the original contract amount.
FINANCING:
Sufficient funds are available for transfer from Contract
Maintenance Fund 93, Project No. 057801-00, 1989 Program
Unspecified. Upon approval and completion of Recommendation No. 1,
sufficient funds will be available in Contract Maintenance Fund 93,
Project No. 053115-00, Curb, Gutter, Driveways 89-3. Expenditures
will be made from Index Code 693465. Sufficient funds are available
in Contract Maintenance Fund 93, Project No. 095105-00, Engineering
Salaries, for administrative, engineering and inspection costs.
M&C C-11937
It was the consensus of the City Council that the recommendations, as contained in
adopted
Mayor and Council Communication No. C-11937, be adopted.
M&C C-11938 re
There was presented Mayor and Council Communication No. C-11938 from the City
authorize a bond
Manager stating that the capacity of the Village Creek Wastewater Treatment Plant
fund transfer and
presently is being increased from 120 million gallons per day to 144 million gallons
contract with
per day; that the expansion and associated improvements are being designed by three
Freese and Nichols,
separate design teams and executed through eight in -plant construction projects; that
Inc. for construc-
three more projects are being designed to improve the existing utilities and treatment
tion Management,
systems; that the future Phase III Expansion, tentatively scheduled around 1994, will
Phase I for in-
increase the secondary and solid treatment areas to provide a capacity of 161 million
s tallation of the
gallons per day; that as the first designs were completed and bid, it became evident
Control Systems
that the existing central control system could no longer be adequately programmed or
Upgrade
expanded by the manufacturer, nor could peripherals be purchased to provide the
required links to the central control system; that conversions from the existing Leeds
and Northrup computer to a new Distributed Control System will facilitate the operation
of the plant with the multitude of new facilities which are under construction and
proposed; that this conversion is planned to take place in two phases; Phase I will
include a control system for the Phase IIA project (effluent filters and
dechlorination) and the solids management area (all digesters and thickeners); that
Phase II will convert the remainder of the plant to the new control system; that Phase
I is under design and scheduled for bid in October 1989; that it is necessary to
Minutes of City Council N-3 Page 236
M&C C-11938 cont.
M&C C-11938 adoptee
M&C C-11939 re
agreement with
John P. Ryan for
community facili-
ties to serve
Ryan Southwest
Addition
M&C C-11940 re
contract with Steel
Inc. for construc-
tion and installa-
tion of water and
sanitary sewer
improvements to
serve Pecan Valley
golf Course
M&C C-11941 re
contract with
Walt Willaims Con-
struction, Inc.
for construction o
N.W. 9th and Macie
Street drainage
improvements
M&C C-11942 re
contract with
Neighborhood De-
velopment Corpora-
tion for sidewalk
repair at 9th
Street from Houstoi
Street to Commerce
Street
Tuesday, October, 17, 1989
proceed with the design of Phase II to provide controls for the upcoming Phase IIB and
IIC of the 24 MGD expansion; that, in addition, the Area III improvements in Aeration
Basins 9-13, Electrical Rehabilitation and the Energy Management Project will be able
to use this new control system; that the proposed agreements are required to provide
the Phase II design services to integrate the remainder of the plant so that the entire
treatment plant can be operated in a coordinated fashion with one Distributed Control
System, and to provide construction management services for Phase I; and recommending
that the City Council:
1. Authorize a fund transfer in the amount of $1,148,000 from
Sewer Capital Improvement Fund 82, Project NO. 011000-00,
Sewer Interest to Sewer Capital Improvement Fund 82, Project
No. 022005-00, Engineering Agreement (Freese and Nichols) for
design of Control Systems Upgrade, Phase II;
2. Authorize a bond fund transfer in the amount of $259,380 from
Sewer Capital Improvement Fund 82, Project No. 016901-00,
Unspecified Plants to Sewer Capital Improvement Fund 82,
Project No. 022006-00, Engineering Agreement (Freese and
Nichols) for Construction Management, Phase I;
3. Authorize a bond fund transfer in the amount of $20,000 from
Sewer Capital Improvement Fund 82, Project No. 016901-00,
Unspecified Plants to Sewer Capital Improvement Fund 82,
Project No. 022006-00, for Staff Coordination;
4. Authorize the City Manager to execute an Engineering Agreement
with Freese and Nichols, Inc. for the preparation of plans and
specifications for the Control Systems Upgrade, Phase II for a
total fee not to exceed $1,148,000; and
5. Authorize the City Manager to execute an Engineering Agreement
with Freese and Nichols, Inc. for Construction Management,
Phase I, for the installation of the Control Systems Upgrade
for a total fee not to exceed $259,380.
It was the consensus of the City Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. C-11939 from the City
Manager stating that the City of Fort Worth and John P. Ryan, an individual and owner,
the developer, entered into City Secretary Contract No. 15998 on October 19, 1987, for
the installation of community facilities for Ryan Southwest Addition, Phase I, Blocks 1
and 2; that the subject contract has a term of two years; that the City and developer
are requesting City Council approval to extend City Secretary Contract No. 15998 for a
term of two years beginning October 19, 1989, and expiring on October 19, 1991; that
all terms, provisions, conditions, and covenants of the City Secretary Contract No.
15998 will remain in full force and effect during the term of this extension; and
recommending that the City Manager be authorized to execute an agreement to extend City
Secretary Contract No. 15998 with the developer, John P. Ryan, an individual and owner,
for a term of two years. It was the consensus of the City Council that the
recommendation be adopted.
There was presented Mayor and Council Communication No. C-11940 from the City
Manager submitting a tabulation of bids received for the construction, installation,
and administration of water improvements to serve Pecan Valley Golf Course; and
recommending that the City Manager be authorized to execute a contract with Steed Inc.,
in the amount of $175,485.10, to include only Unit A, water service in Fort Worth, and
Unit B, sanitary sewer service; and execute an interlocal agreement with Benbrook Water
and Sewer Authority in the amount of $16,178.40, for the construction, installation,
and administration of water improvements to serve Pecan Valley Golf Course, to include
only Unit C, water service in Benbrook. It was the consensus of the City Council that
the recommendations be adopted.
There was presented Mayor and Council Communication No. C-11941 from the City
Manager submitting a tabulation of bids received for construction of the N.W. 19th and
Macie Street Drainage Improvements; recommending that the City Manager be authorized to
execute a contract with the firm of Walt Williams Construction, Inc., for construction
of the N.W. 19th and Macie Street drainage improvements based on its lowest responsive
bid of $435,994.65; and that a bond fund transfer in the amount of $435,994.65 be
authorized from 67-028901-00, Miscellaneous Flood Control Unspecified, to 67-028843-00,
N.W. 19th and Macie Street Drainage Improvements, to provide funds for construction.
It was the consensus of the City Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. C-11942 from the City
Manager submitting a tabulation of bids received for sidewalk repair at 9th Street from
Houston Street to Commerce Street; recommending that the City Manager be authorized to
execute a contract with Neighborhood Development Corporation for sidewalk repair at 9th
Street from Houston Street to Commerce Street in the amount of $13,540.00, based on its
lowest responsive bid; and that a bond fund transfer in the amount of $13,540.00 be
authorized from 93-057901-00, Prior Year Funding Unspecified, to 93-033109-00, 9th
Street, Houston to Commerce Sidewalk Repair, to provide funds for construction. It was
the consensus of the City Council that the recommendations be adopted.
Minutes of City Council N-3 Page 237
Z 31
M&C C-11943 re
contracts with
Arts Council of
Fort Worth and
Tarranty County
and with Interna-
tional Sister
cities Assoc. of
fort Worth
M&C C-11944 re
submission of
grant modification
contract with Texas
Department of
Commerce and Texas.
Employment Co
mmission
Tuesday, October 17, 1989
There was presented Mayor and Council Communication No. C-11943 from the City
Manager stating that the Arts Council of Fort Worth and Tarrant County, through the
Performing Arts Grant Program, provides financial assistance to non-profit
organizations in Fort Worth on a project basis for performances which enhance the
cultural and artistic life of the community; that all grants are subject to the
approval of a Grant Review Panel of the Arts Council, two of whom (one Council Member
and one representative of the City Manager's Office) are appointed by the City; that,
since the City of Fort Worth became involved in the International Sister Cities
Association, three sister cities affiliations have been entered into; that, in 1987-88,
the growing number of sister cities activities required full-time staffing of the Fort
Worth Sister Cities office to assist the City of Fort Worth, which has the offical
relationship with the three cities; that the City of Fort Worth budget adopted for
1989-90 includes a $97,884.00 appropriation for the Arts Council to provide assistance
in the distribution of public funds for the support of the arts in Fort Worth through
Performing Arts Grant Program and $95,026.00 for the International Sister Cities
Association of Fort Worth to provide staff, office expenses, and coordination and
implementation of Sister Cities activities necessary to Fort Worth's participation in
the growing number of Sister Cities activities; that funds are available in Cultural
and Tourism Fund 04, Account Number 24-20-00, and Account Number 24-70-00, Index Codes
327924 and 329987, respectively; and recommending that the City Manager be authorized
to execute contracts with the Arts Council of Fort Worth and Tarrant County in the
amount of $97,884.00, and with the International Sister Cities Association of Fort
Worth in the amount -of $95,026.00, for the period of October 1, 1989, through September
30, 1990. It was the consensus of the City Council that the recommendation be adopted.
There was presented Mayor and Council Communication No. C-11944 from the City
Manager, as follows:
SUBJECT: MODIFICATION OF CITY'S TITLE III DISLOCATED WORKERS
PROGRAM CONTRACTS WITH THE TEXAS DEPARTMENT OF COMMERCE
AND TEXAS EMPLOYMENT COMMISSION
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager
to:
1. Submit a grant modification, accept it offered and negotiate a
contract with the Texas Department of Commerce which will
increase the City's Job Training Partnership Act (JTPA),
Title III, Dislocated Worker's contract with the TDOC (Project
#15017) by $417,546 for the period July 1, 1989 through
June 30, 1990. The purpose of this modification is to allow
expansion of services to dislocated workers in the area;
2. Execute an amendment of the City's contract with the Texas
Employment Commission increasing the amount to $120,000 to
implement expanded services for Dislocated Workers under JTPA
Title III during the period October 1, 1989 through June 30,
1990. Monies for this modification are included in the
$417,546 noted above; and
3. Apply the indirect cost rate in accordance with the 1989 Rate
of 0.00% contained in the cost allocation plan approved on
July 11, 1989, by the U.S. Department of Housing and Urban
Development.
DISCUSSION:
On June 27, 1989, through M&C C-11741, City Council authorized the
City Manager to execute a contract with the Texas Department of
Commerce (TDOC) in the amount of $605,880 to implement a Dislocated
Workers Program for the period July 1, 1989 through June 30, 1990.
On August 22, 1989, the Department of Employment and Training
received a copy of the fully executed contract from TDOC for this
purpose. On September 26, 1989, through M&C C-11880, City Council
authorized the City Manager to execute a sub -contract with the
Texas Employment Commission in the amount of $165,858 to implement
some of the services for Dislocated Workers Program. The original
plan (outlined in M&C C-11741) was that the program would serve 250
Dislocated Workers during the contract period ending June 30, 1990.
Over the past two months, it has become apparent that the large
number of area layoffs could not be adequately addressed with the
approved funds. General Motors, Swift Meat Packing Company,
Surgikos and Fruehauf Trailer Company have all recently announced
mass layoffs.
The number of workers affected by these four layoffs who are likely
to be served exceeds the original goal for the program year. The
G.M. layoff has already required the hiring of additional staff.
Without additional funds, the Department of Employment and Training
will expend its original grant from TDOC several months prior to
the end of the contract period.
Minutes of City Council N-3 Page 238
Tuesday, October, 17, 1989
M&C C-11944 cont. It is expected that the $417,546 which will be requested from TDOC
under this authorization will allow additional services for 200-275
participants during the program year.
Services and activities to be provided with these additional funds
are the same as those described in detail in M&C C-11741, namely:
A) Basic Readjustment Services, B) Job Search Assistance Class, C)
Workplace Basis, D) Job Placement, E) Relocation Assistance, F)
On -the -Job Training, G) Basic Skills Training, H) Vocational
Occupational Skills Training, I) Support Services and J) Needs
Related Payments. As in the current program operation, it is
proposed that the City sub -contract with TEC to provide A, B, C and
F above.
This amendment request will be reviewed by the Private Industry
Council during its October 5th meeting. Any changes made by the
P.I.C. will be forwarded to Council prior to its action.
MODIFIED PROJECT COST:
COST CATEGORIES ORIGINAL ADDITIONAL TOTAL
A) Administration $ 77,622
B) Readjustment 167,329
C) Retraining 260,929
D) Support Payments 50,000
E) Needs Related Payments ---
605 880
FINANCING:
$ 35,162 $ 112,784
76,192
243,521
216,192
477,212
45,000
95,000
417 546
426
=.426
Sufficient funds for the original program are in Grant Fund 76,
Projects 405470-01, Administration ($77,662), 405471-01,
Readjustment ($167,329), 405472-01, Retraining ($260,929),
405473-01, Support Payments ($50,000) and 405474-01, Needs Related
Payments ($50,000). The availability of the additional funds will
be contingent upon the execution of the grant modification contract
with the Texas Department of Commerce. The expenditure will be
made from Index Code 510222, Contractual Services.
M&C C-11944 It was the consensus of the City Council that the recommendations, as contained in
adopted Mayor and Council Communication No. C-11944, be adopted.
M&C, C-11945 r eThere was presented Mayor and Council Communication No. C-11945 from the City
Securities Lendi ng Manager, as follows:
Contract with SUBJECT: SECURITIES LENDING CONTRACT
Morgan Stanley &
Co. RECOMMENDATION:
It is recommended that the City Council authorize the City Manager
to execute the following contracts necessary to implement a
securities lending program with Morgan Stanley & Co. in accordance
with their proposal:
- Paired Repurchase Transactions Custody Agreement
- Amendment to the PSA Master Repurchase Agreement
- Master Securities Loan Agreement
- Custodian Undertaking Agreement
BACKGROUND:
The City began utilizing securities lending programs on a limited
basis a year and a half ago. Securities lending is the lending of
the City's securities but with the substitution of a security of
greater market value which is safekept by a third -party custodial
bank. The process is designed such that the City earns
supplemental income on the portfolio without ever losing ownership
or interest payments on the loaned securities. The safety of the
City's funds and securities is guaranteed.
Previously the City used securities lending on an individual bond
basis. In August, 1989 we issued a Request for Proposal on an
exclusive contract which would utilize the entire portfolio and
increase earnings with minimal administrative staff work required.
Two proposals were received and analyzed. The two bids are
summarized as:
A) Morgan Stanley & Co. proposed utilizing the entire portfolio
and guaranteeing a return of 15bp on each treasury, regardless
of lending activity. All custodial fees would be paid by
Morgan as part of the agreement.
Minutes of City Council N-3 Page 239
I' fI
M&C C-11945 cont.
Tuesday, October, 17, 1989
B) Bank of New York proposed utilizing the entire portfolio but
paying the City on a 60% (City) - 40% (BONY) split when and if
the bonds were borrowed. They anticipated borrowing half of
the time. All custodial fees would be paid by BONY as part of
the agreement.
An evaluation team made up of City financial staff and
representatives from our depository bank unanimously recommends
that the City accept the Morgan Stanley proposal.
M&C C-11945 adopte.1
On the motion of Council Member Chappell, seconded by Council Member Murrin, the
recommendations, as contained in Mayor and Council Communication No. C-11945, were
approved.
M&C FP -2622 re
accepted as com-
There was presented Mayor and Council Communication No. FP -2622 from the City
plete Montgomery
Manager stating that Montgomery Street at Lovell Avenue and Bryant Irvin Road at
Street at Lovell
Oakmont Boulevard intersection improvements have been completed in accordance with
Avenue Interchange
plans and specifications under Contract No. 17019 awarded to Harrod Paving Company on
Improvements and
March 16, 1989, by Mayor and Council Communication No. C-11494; and recommending that
Bryant Irvin Road
the City Council accept as complete Montgomery Street at Lovell Avenue intersection
improvements and Bryant Irvin Road at Oakmont Boulevard intersection improvements and
at Oakmont Boulevard
intersection im-
authorize final payment in the amount of $2,314.28 to Harrod Paving Company, with funds
proveme n is to
available in Street Improvement Fund 67, Retainage Account Number 205-017019 and
Harrod Paving Co-
Contract Encumbrance Number 17019A. It was the consensus of the City Council that the
mpany
recommendations be adopted.
M&C FP -2623 re
accepted as com-
There was presented Mayor and Council Communication No. FP -2623 from the City
plete miscellaneou
Manager stating that Miscellaneous Curb and Gutter, Driveway and Pavement Base Repair
curb and gutter,
Street Improvements (89-1) has been completed in accordance with plans and
driveway, and pave
specifications under Contract No. 17103 awarded to S. Hakim Concrete Construction on
ment base repair
May 9, 1989; and recommending that the City Council accept as complete Miscellaneous
street improvement
Curb and Gutter, Driveway, and Pavement Based Repair (89-1) Street Improvements and
to S. Hakim Con-
authorize final payment in the amount of $10,516.64 to S. Hakim Concrete Construction,
Crete Construction
with funds available in Fund 93, Retainage Account Number 205-017103, Contract
Encumbrance Number 17103D; Street Improvement Fund 67, Retainage Account Number
205-017103, and Contract Encumbrance Number 17103C. It was the consensus of the City
Council that the recommendations be adopted.
M&C FP -2624 re
accepted as com-
plete TCU/Colonial
Storm Drain, Storm
Drain Improvements
to H.B. Zachry, Inc
M&C FP -2625 re
accepted as com-
plete paving of
Rose Hill Drive
from East Lancast-
er to James W.
Jackson, Inc.
Benefit Hearing
M&C G-8277
rs. Martha Lunday
e M&C G-8277
There was presented Mayor and Council Communication No. FP -2624 from the City
Manager stating that TCU/Colonial Storm Drain, Storm Drain Improvements have been
completed in accordance with plans and specifications under Contract No. 15905 awarded
to H. B. Zachry, Inc., on August 11, 1987; and recommending that the City Council
accept as complete TCU/Colonial Storm Drain, Storm Drain Improvements and authorize
final payment in the amount of $19,255.06 to H. B. Zachry, Inc., with funds available
in Street Improvement Fund 67, Retainage Account Number 205015905, Contract Encumbrance
Number 15905A; and New Development Fund 90, Retainage Account Number 205015905. It was
the consensus of the City Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. FP -2625 from the City
Manager stating that Rose Hill Drive Assessment Paving from East Lancaster to 160'
North have been completed in accordance with plans and specifications under Contract
No. 17126 awarded to James W. Jackson, Inc., on May 16, 1989; and recommending that the
City Council accept as complete the paving of Rose Hill Drive assessment paving from
East Lancaster to 160' North; authorize final payment in the amount of $4,071.24 to
James W. Jackson, Inc.; and approve final assessment rolls and authorize issuance of
certificates in evidence of the special assessments levied against the abutting
property owners of Ross Hill Drive (East Lancaster to 160' North); with funds available
in New Development Fund 90, Retainage Account Number 205-017126. It was the consensus
of the City Council that recommendations be adopted.
Council Member Garrison advised the City Council of a conflict of interest
and that he will abstain from participating in the discussion and voting on the benefit
hearing in regard to the assessment paving on Pensacola Avenue from Old Benbrook Road
to U.S. Highway 377.
It appearing to the City Council that Ordinance No. 10366 was adopted on
August 22, 1989, setting today as the date for benefit hearing in connection with the
assessment paving of Pensacola Avenue from Old Benbrook Road to U.S. Highway 377 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 Augus—t
and September 1, and 2, 1989, Mayor Pro tempore Gilley asked if there was any one
present desiring to be heard.
Mrs. Martha Lunday, representing the Transportation and Public Works
Department, appeared before the City Council and called attention to Mayor and Council
Communication No. G-8277 from the City Manager, as follows:
SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF PENSACOLA
AVENUE FROM OLD BENBROOK ROAD TO U.S. HIGHWAY 377
RECOMMENDATION:
It is recommended that the City Council adopt an ordinance closing
the benefit hearing and levying assessments as proposed, finding
Minutes of City Council N-3 Page 240
4&C G-8277
4r. Robert Martin
-e M&C G-8277
Introduced
)rdinance
Tuesday, October 17, 1989
that in each case the abutting property is specially benefited in
enhanced value in an amount equal to or greater than the amount
assessed for the improvements of Pensacola Avenue from Old
Benbrook Road to U.S. Highway 377.
The 1986-88 Capital Improvement Program approved in March, 1986,
included funds for the improvement of Pensacola Avenue from Old
Benbrook Road to U.S. Highway 377. Pensacola Avenue abuts
commercial property only.
On August 22, 1989 (M&C C-11824), the City Council awarded the
construction contract and established October 17, 1989, as the date
of the benefit hearing. Notices have been given in accordance with
Article 1105b, V.A.C.S.
This project is located in Council District No. 3.
PROJECT DESCRIPTION:
ROW WIDTH/FEET
Pensacola Avenue Old Benbrook Road
to U.S. Highway
377
PRnPnCFn TMPRn11FMFNTC-
It is proposed to improve Pensacola Avenue by constructing a
six-inch thick reinforced concrete pavement with a seven-inch high
attached concrete curb on a six-inch thick lime stabilized subgrade
so that the finished roadway will be 30 feet wide on a fifty foot
right-of-way.
ASCFCCMFNTS-
An independent appraiser has advised the staff as to the amount of
enhancement to property values that will result from the proposed
improvements. The independent appraisal substantiates that, as a
result of the proposed construction, each parcel of adjacent
property will be enhanced in value by an amount equal to or greater
than the proposed assessment.
Based on standard City policy, the low bid prices, and the advice
of the independent appraiser, the cost to the property owners for
their share of the construction has been computed at $36,474.93
(59%) and the cost to the City for Fort Worth, at $25,236.20 (41%).
Mr. Robert Martin, independent appraiser, appeared before the City Council
and distributed a summary of enhanced values of Pensacola Avenue from Old Benbrook Road
to U.S. Highway 377.
There being no one present desiring to be heard in connection with the
assessment paving of Pensacola Avenue from Old Benbrook Road to U.S. Highway 377,
Council Member Murrin made a motion, seconded by Council Member Chappell, that the
hearing be closed and assessments be levied. When the motion was put to a vote by the
Mayor Pro tempore, it prevailed by the following vote:
Mayor Pro tempore Gilley;
Murrin, Webber, and Chappell
Mayor Bolen and Council Member Zapata
Council Member Garrison
Members Granger, McCray,
Council Member Murrin introduced an ordinance and made a motion that it be
adopted. The motion was seconded by Council Member Chappell. The motion, carrying
with it the adoption of said ordinance, prevailed by the following vote:
Mayor Pro tempore Gilley;
Murrin, Webber, and Chappell
Mayor Bolen and Council Member Zapata
Council Member Garrison
The ordinance, as adopted, is as follows:
Minutes of City Council N-3 Page 241
Members Granger, McCray,
Ordinance No.
10417
Z-89-87
Introduced an
Ordinance
Ordinance No.
10418
Tuesday, October, 17, 1989
ORDINANCE NO. 10417
ORDINANCE CLOSING HEARING AND LEVYING
ASSESSMENTS FOR PART OF THE COST OF IMPROVING A
PORTION OF, PENSACOLA AVENUE, FROM OLD BENBROOK
ROAD TO U.S. HIGHWAY 377, AND PORTIONS SUNDRY
OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE
CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND
LIENS AGAINST ABUTTING PROPERTY THEREON, AND
AGAINST THE OWNERS THEREOF; PROVIDING FOR THE
COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE
OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF,
RESERVING UNTO THE CITY COUNCIL THE RIGHT TO
ALLOW CREDITS REDUCING THE AMOUNT OF THE
RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY
CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO
ENGROSS AND ENROLL THIS ORDINANCE BY COPYING
THE CAPTION OF SAME IN THE MINUTES OF THE CITY
COUNCIL OF FORT WORTH, AND BY FILING THE
ORDINANCE IN THE ORDINANCE RECORDS OF SAID
CITY; AND PROVIDING AN EFFECTIVE DATE.
It appearing to the City Council that on October 10, 1989, the City Council
continued the hearing in connection with the application of Hickman Development, Inc.,
Hickman Investments, for a change in zoning of property located in the 9400 block of
Silver Creek Road from "A" One Family to "G" Commerical, Zoning Docket No. Z-89-87,
from day to day and from time to time and especially to the City Council meeting of
October 17, 1989, to give every interested person or citizen an opportunity to be
heard, Mayor Pro tempore Gilley asked if there was any one present desiring to be
heard.
There being no one present desiring to be heard in connection with the
application of Hickman Development, Inc., for a change in zoning of property located in
the 9400 block of Silver Creek Road from "A" One -Family to "G" Commercial, Zoning
Docket No. Z-89-87, Council Member Garrison made a motion, seconded by Council Member
Murrin, that the hearing be closed and that the recommended change in zoning be
approved. When the motion was put to a vote by the Mayor Pro tempore, it prevailed
unanimously.
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 Pro tempore Gilley; Council Members Garrison, Granger,
McCray, Murrin, Webber, and Chappell
NOES: None
ABSENT: Mayor Bolen and Council Member Zapata
The ordinance, as adopted, is as follows:
ORDINANCE NO. 10418
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE, ORDINANCE NO. 3011, AS AMENDED, SAME
BEING AN ORDINANCE REGULATING AND RESTRICTING
THE LOCATION AND USE OF BUILDINGS, STRUCTURES,
AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR
OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES
AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE
SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET
PARKING AND LOADING, AND THE DENSITY OF
POPULATION, AND FOR SUCH PURPOSES DIVIDING THE
MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER,
SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO "
CARRY OUT THESE REGULATIONS AND SHOWING SUCH
DISTRICTS AND THE BOUNDARIES THEREOF UPON
"DISTRICT MAPS"; PROVIDING FOR INTERPRETATION,
PURPOSE AND CONFLICT; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENAL CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING FOR PUBLICATION AND
NAMING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
Minutes of City Council N-3 Page 242
Ordinance No.
10418 cont.
Met in closed or
executive session
Reconvened into
regular session
M&C G-8273 re
withdrew consider-
ation of Tarrant
Appraisal District
Board of Directors)
and nominated Mr.
Bob Kolba to the
Board of Direcots
of Tarrant Apprait
sal District
Introduced a
Resolution
Resolution No.
1478
Set salaries for
City Attorney,
City Internal Au-
ditor, and City
Secretary
Adjourned
Tuesday, October, 17, 1989
SECTION 6.
That any person, firm or corporation who violates,
disobeys, omits, neglects or refuses to comply with or who resists
the enforcement of any of the provisions of this ordinance shall be
fined not more than One Thousand Dollars ($1,000.00) for each
offense. Each day that a violation is permitted to exist shall
constitute a separate offense.
It was the consensus of the City Council that the City Council meet in closed
or executive session to seek the advice of its attorney with respect to potential or
contemplated litigation concerning the Wright Amendment and DFW Airport bond covenants,
as authorized by Section 2(e), Article 6252-17, V.A.C.S., Texas Open Meeting Act and to
discuss the salary of the City Secretary, City Attorney, and City Auditor, as
authorized by Section 2(g), Texas Open Meeting Act.
The City Council reconvened into regular session, with eight members present,
and Council Member Zapata absent.
There was presented Mayor and Council Communication No. G-8273 from the City
Manager stating that the Texas Property Tax Code establishes the process to elect a
board of directors to govern county, wide tax appraisal districts; that the 5 members
of the board of directors serve two-year terms beginning on January of even numbered
years; that a new term for the Tarrant appraisal district board of directors commences
on January 1, 1990; and recommending that the City Council approve a resolution
nominating Bob Kolba to serve on the board of directors of the Tarrant appraisal
district for a two-year term. On motion of Council Member Murrin, seconded by Council
Member Garrison, the recommendation was adopted.
Council Member Murrin introduced a resolution and made a motion that it be
adopted. The motion was seconded by Council Member Garrison. The motion, carrying
with it the adoption of said resolution, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison,
Granger, McCray, Murrin, Webber, and Chappell
NOES: - None
ABSENT: Council Member Zapata
The resolution, as adopted, is as follows:
RESOLUTION NO. 1478
WHEREAS, the Texas Property Tax Code requires the
creation of a tax appraisal district in each county in the State of
Texas; and,
WHEREAS, the Texas Property Tax Code provides for the
nomination and election of directors to the Tarrant Appraisal
District Board of Directors; and,
WHEREAS, it is necessary to nominate candidtes for
selection as directors of the Tarrant Appraisal District of Tarrant
County for a term commencing January 1, 1990;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, that Bob Kolba is hereby nominated for a
position on the Board of Directors of the Tarrant Appraisal
District of Tarrant County.
Council Member McCray made a motion, seconded by Council Member Chappell,
that the salary of the City Attorney be set at $93,900.00 for the 1989-90 fiscal year;
the salary of the City Secretary be set at $54,300.00 for the 1989-90 fiscal year; and
the salary of the City Auditor be set at $65,000.00 for the 1989-90 fiscal year. When
the motion was put to a vote by the Mayor, it prevailed unanimously.
There being no further business, the City Council meeting was adjourned.
CITY SrCRETARY MAYOR
Minutes of City Council N-3 Page 243
rr
V
MA
Council met
Members Present
Recessed into
executive session
Reconvened into
regular session
Adjourned
Tuesday, October, 17, 1989
SPECIAL CITY COUNCIL MEETING
OCTOBER 17, 1989
On the 17th day of October, A.D., 1989, the City Council of the City of Fort
Worth, Texas, met in special session, with the following members and officers present,
to -wit:
Mayor Bob Bolen; Mayor Pro tempore Garey W. Gilley; Council Members William
N. Garrison, Kay Granger, Eugene McCray, Steve Murrin, Jr., Virginia Nell Webber, and
David Chappell; City Manager David Ivory; City Attorney Wade Adkins; City Secretary
Ruth Howard; Council Member Louis J. Zapata absent; with more than a quorum present, at
which time the following business was transacted:
It was the consensus of the City Council that the City Council recess into
executive session with the City Plan Commission to seek and receive advice from their
attorneys concerning Mayfair Joint Venture, A Texas Corporation vs. the City of Fort
Worth, Civil Action No. CA 4 89 483 E, as authorized by Section 2(e) of the Texas Open
Meeting Act, Article 6252-17, V.A.C.S., and as protected from disclosure by the Code of
Professional Responsibility of the State Bar of Texas, Canon 4.
The City Council reconvened into regular session, with eight members present,
and Council Member Zapata absent.
There being no further business, the City � 9: Coun'6 meeting...was adjourned.
Z �244�
CITY SECRETARY
Minutes of City Council N-3 Page 244