HomeMy WebLinkAbout1990/03/08-Minutes-City CouncilCouncil Met
Members present
Invocation
Pledge of
Allegiance
Minutes of Februar
27, 1990 approved
Proclamation -
Mental Retardation
Month
Recognized Boy
Scout Troop 326
Introduced Boy
Scout troop from
the Church of Jesu:
Christ of Latter -
Day Saints
Introduced a dele-
gation from Estonii
Proclamation -
Naval Reserve Week
Major Bill Smith
Withdrew M&GmC-
12210 from agenda
Withdrew M&C Nos.
P-4082, P-4088,
P-4096, L-10046
from agenda
Withdrew M&C G-849!
Withdrew M&C P-4081
Consent agenda
approved
Mayor Pro tempore
Gilley resigned
from North Central
Texas Council of
Governments' Re-
gional Trans.
Council and appt.
Council Member
Webber in his plac(
Nominated Mr. Una
Bailey on the Park
and Rec. Advisory
Board
CITY COUNCIL MEETING
MARCH 8, 1990
On the 8th day of March, A.D., 1990, the City Council of the City of Fort Worth,
Texas, met in regular session, with the following members and officers present, to -wit:
Mayor Bob Bolen; Mayor Pro tempore Garey W. -Gilley; Council Members Louis J.
Zapata, William N. Garrison, Kay Granger, Virginia Nell Webber, and David Chappell;
City Manager David Ivory; City Attorney Wade Adkins; City Secretary Ruth Howard;
Council Member Eugene McCray not present; with more than a quorum present, at which
time the following business was transacted:
The invocation was given by The Reverend Liz Lamberth, Chaplain, Tarrant Area
Community of Churches.
The Pledge of;Allegiance was recited.
On motion of. Mayor Pro tempore Gilley, seconded by Council Member
Webber, the minutes of the meeting of February 27, 1990, were
approved.
A proclamation for Mental Retardation Month was presented to Mr. Peter Hinojosa.
Boy Scout Troop 326 and its Leader, Randy Thompson, were recognized.
The Boy Scout troop from the Church of Jesus Christ of Latter -Day Saints was
introduced.
Mr. Vernon Hulme introduced a delegation from Estonia, and Mr. Yuri Raidla,
through an interpretor, addressed the City Council.
A proclamation for Naval Reserve Week was presented to Captain William Rhoades,
Plans Officer, Readiness Command Region 11; Captain Robert Whitlock, Commanding
Officer, Naval Readiness Center; and Captain Rod Faino, Executive Officer, Naval Air
Station.
Major Bill Smith presented to the City Council his record on Bob Wills.
Council Member Chappell requested that Mayor and Council Communication No. C-12210
be withdrawn from the agenda.
City Manager Ivory requested that Mayor and Council Communication Nos. P-4082,
P-4088, P-4095, P-4096, and. L-10046 be withdrawn from the consent agenda.
Council Member Garrison requested that Mayor and Council Communication No. G-8499
be withdrawn from the consent agenda.
Mayor Pro tempore Gilley recommended that Mayor and Council Communication
No. P-4087 be withdrawn from the consent agenda.
On motion of Mayor Pro tempore Gilley, seconded by Council Member Zapata, the
consent agenda, as amended, was approved.
Mayor Pro tempore Gilley announced he is resigning from membership on the North
Central Texas Council of Governments' Regional Transportation Council.
Mayor Pro tempore Gilley made a motion, seconded by Council Member Granger, that
Council Member Webber be appointed as the City of Fort Worth representative on the
North Central .Texas Council of Governments' Regional Transportation Council. When the
motion was put to a vote by the Mayor, it prevailed.unanimously.
Council Member Garrison nominated Mr. Una Bailey for membership on the Park and
Recreation Advisory Board and made a motion, seconded by Mayor Pro tempore Gilley, that
Minutes of City Council 0-3 Page 247
24.8
THURSDAY, MARCH 8, 1990
Mrs. Bailey be appointed to Place 3 on the Park and Recreation Advisory Board for a
term of office expiring October 1, 1991. When the motion was put to a vote by the
Mayor, it prevailed unanimously.
Ceremonial Travel Council Member Zapata advised the City Council that he will be making ceremonial
travel to Sydney, Australia on March 16, 1990, representing the City of Fort Worth on
an inaugural flight and trade mission.
Council Member Chappell made a motion, seconded by Council Member Webber, that the
ceremonial travel of Council Member Zapata to Sydney, Australia on March 16, 1990, be
approved and that Council Member Zapata be appointed Deputy Mayor Pro tempore for
ceremonial purposes for the ceremonial travel to Sydney, Australia. When the motion
was put to a vote by the Mayor, it prevailed unanimously.
Introduced a
Resolution Council Member Garrison introduced a resolution and made a motion that it be
adopted. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying
with it the adoption of said resolution, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, Webber, and Chappell
NOES: None
ABSENT: Council Member McCray
The resolution, as adopted, is as follows:
Resolution No. RESOLUTION NO. 1511
1511
RESOLUTION APPROVING A RESOLUTION OF
ALLIANCEAIRPORT AUTHORITY, INC.
WITH RESPECT TO THE ISSUANCE OF BONDS FOR
AMERICAN AIRLINES, INC.
WHEREAS, AllianceAirport Authority, Inc. (the "Corporation") was created
under the auspices of the City of Fort Worth; and
WHEREAS, notice of a public hearing on the Project (as defined in the
Facilities Agreement attached hereto), as required by Section 147 of the
Internal Revenue Code of 1986, as amended (the "Code"), was published in a
newspaper of general circulation in the City at least 14 days prior to such
public hearing; and
WHEREAS, it is deemed necessary and advisable that this Resolution be
adopted.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH
THAT:
Section 1. The "Facilities Agreement by and between American Airlines,
Inc. (the "Company") and AllianceAirport Authority, Inc.% in substantially
the form and substance as attached to this Resolution and made a part hereof
for all purposes, is hereby approved, and revenue bonds in the principal
amount of $,000, 000 (the "Bonds"), may be issued for the purpose of paying
the cost of_acquiring and constructing or causing to be acquired and
constructed the Project as defined and described therein, which Project is in
compliance with the Development Corporation Act of 1979, as amended, and the
rules promulgated thereunder by the Texas Department of Commerce; and said
Project is hereby approved.
Section 2. The resolution adopted by the Corporation authorizing the
execution of the Facilities Agreement, the Lease Agreement between the
Company and the Corporation, the Bond Purchase Agreement among the company,
the Corporation and the underwriters named therein, and the Trust Indenture
by and between the Corporation and 'as
Trustee, and authorizing the sale of the Bonds and the use of an Official
Statement in connection with the sale of the Bonds, in substantially the form
and substance attached to this Resolution and made a part hereof for all
purposes, are hereby specifically approved, and the Bonds may be issued as
provided for therein.
Section 3. The City Council of the City of Fort Worth hereby authorizes
the Mayor to approve the issuance of the aforesaid Bonds in the principal
amount of $ ,000,000 for American Airlines, Inc., and such approval shall be
solely for the purposes of Section 147 of the Code, as amended, and the City
of Fort Worth, Texas shall have no liabilities for the payment of the Bonds
nor shall any of its assets be pledged to the payment of the Bonds.
Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
Ordinance
adopted. The motion was seconded by Council Member Chappell. The motion, carrying
with it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, Webber, and Chappell
Minutes of City Council 0-3 Page 248
THURSDAY MARCH 8 1990
NOES: None
ABSENT: Council Member McCray
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10538
10538
AN ORDINANCE APPROVING AND AUTHORIZING THE ISSUANCE OF SHORT TERM
OBLIGATIONS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$75,000,000 TO PROVIDE INTERIM FINANCING TO PAY PROJECT COSTS FOR
ELIGIBLE PROJECTS; AUTHORIZING SUCH SHORT TERM OBLIGATIONS TO BE
ISSUED, SOLD AND DELIVERED IN VARIOUS FORMS, INCLUDING COMMERCIAL
PAPER NOTES, FIXED RATE NOTES AND VARIABLE RATE NOTES, A REVOLVING
CREDIT NOTE AND TERM NOTES, AND PRESCRIBING THE TERMS, FEATURES AND
CHARACTERISTICS OF SUCH INSTRUMENTS; APPROVING AND AUTHORIZING
CERTAIN AUTHORIZED OFFICERS AND EMPLOYEES TO ACT ON BEHALF OF THE
CITY IN THE SELLING AND DELIVERY OF SUCH SHORT TERM OBLIGATIONS,
WITHIN THE LIMITATIONS AND PROCEDURES SPECIFIED HEREIN; MAKING
CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; RESOLVING
OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, SECURITY
AND DELIVERY OF SUCH SHORT TERM OBLIGATIONS, INCLUDING THE APPROVAL
OF AN ISSUING AND PAYING AGENT AGREEMENT, CREDIT AGREEMENT AND
DEALER AGREEMENT; APPROVAL THE USE OF AN OFFERING MEMORANDUM IN
CONNECTION WITH SAID SALE; AND PROVIDING AN EFFECTIVE DATE.
THE STATE OF TEXAS
COUNTIES OF TARRANT AND DENTON
CITY OF FORT WORTH
WHEREAS, the City of Fort Worth, Texas (the "City") is a "Home -Rule
City", acting as such under the Constitution and laws of the State of Texas,
and has a population in excess of 90,000; and
WHEREAS, the City Council of the City hereby determines to issue its
short term obligations pursuant to the provisions of Article 717q, V.A.T.C.S.
(the "Act"), to provide interim financing for additions, improvements and
extensions to the City's combined water and sewer system (the "System"); and
WHEREAS, the City has heretofore issued, and there are currently
outstanding, three classes of obligations supported by a pledge of and lien
on the net revenues of the System, the first such class being revenue bonds
(hereinafter defined as the "Prior Lien Bonds") payable from and secured by a
first lien on and pledge of the net revenues of the System; the second such
class being revenue bonds secured by a lien on and pledge of the net revenues
of the System subordinate to the pledge of and lien on the net revenues
securing the Prior Lien Bonds and other obligations issued thereafter (the
"subordinate Lien Bonds"); and the third such class being certificates of
obligation payable from and secured by ad valorem taxes and a subordinate
lien on and limited pledge of the System's net revenues (hereinafter defined
as "Subordinate Lien Obligations"); and
WHEREAS, such short term obligations proposed to be issued constitute
bond anticipation notes which the City intends to fund through the issuance
of its revenue bonds; and
WHEREAS, arrangements relating to such interim financing have been
settled and the City Council hereby finds and determines that the issuance of
short term obligations, including commercial paper notes, variable rate
notes, fixed rate notes, a revolving note, and term notes subject to the
terms, conditions and limitations hereinafter prescribed, should be approved
and authorized at this time; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS
ARTICLE I
DEFINITIONS
Section 1.01. Definitions. Unless the context shall indicate a
contrary meaning or intent, the terms below defined, for all purposes of this
ordinance or any ordinance amendatory or supplemental hereto, shall be
construed, are used and are intended to have the following meanings, to -wit:
"Advance" shall mean a loan made under and subject to the conditions set
forth in the Agreement.
"Agreement" shall mean the Credit Agreement approved and authorized to
be entered into by Section 2.17 hereof, as from time to time amended or
supplemented, or other credit facility provided in lieu thereof in accordance
with the provisions of Section 4.05 hereof.
Minutes of City Council 0-3 Page 249
150
THURSDAY, MARCH 8, 1990
Ordinance No.. I"Authorized Representative" shall mean one or more of the following
10538 cont.: officers or employees of the City, acting in concert or individually, to -wit:
the City Manager, any Assistant City Manager, the Director of Finance, the
City Treasurer, the Financial Planning Officer, or such other officer or
employee of the City authorized by the City Council to act as an Authorized
Representative.
"Bank" shall mean The Mitsui Bank, Limited, or any subsequent party to
the Agreement.
"Bank Note" shall mean a promissory note or notes issued pursuant to the
provisions of this Ordinance and the Agreement (including specifically the
Revolving Credit Note and the Term Notes as defined in the Agreement) in
evidence of Advances and term loans made by the Bank under the Agreement,
having the terms and characteristics contained therein and issued in
accordance therewith.
"Bond Counsel" shall mean Messrs. McCall, Parkhurst & Horton, or any
other firm of nationally recognized Bond Counsel selected by the City.
"Bonds" shall mean a series or issue of bonds, notes or similar
obligations (other than the Notes or the Agreement (including any Bank Note))
issued by the City subsequent to the date of passage of this Ordinance, which
bonds, notes or similar obligations are payable from and secured solely by a
lien on and pledge of the Net Revenues of the System, prior in rank and
dignity, on a parity in rank and dignity, or subordinate in rank and dignity
to the lien and pledge securing the payment of the Prior Lien Bonds.
"Business Day" shall mean any day (a) when banks are not authorized to
be closed in the City and (b) when banks or the New York Stock Exchange are
not authorized to be closed in New York, New York.
"City" shall mean the City of Fort Worth, Texas.
"City Council" shall mean the governing body of the City.
"Code" shall mean the Internal Revenue Code of 1986, as amended.
"Commercial Paper Note" shall mean a note issued pursuant to the
provisions of this Ordinance, having the terms and characteristics specified
in Section 2.03 hereof and in the form described in Section 2.07(a) hereof.
"Dealer" shall mean the entity so designated in Section 3.04 hereof.
"Dealer Agreement" shall mean the Dealer Agreement approved and
authorized to be entered into by Section 3.04 hereof, as from time to time
amended or supplemented.
"Eligible Investments" shall mean any or all of the authorized
investments described in the Public Funds Investment Act of 1987,
Article 842a-2, V.A.T.C.S., as amended, in which the City may purchase, sell
and invest its funds and funds under its control.
"Eligible Project" shall mean the acquisition or construction of
improvements, additions or extensions or the System, including capital assets
and facilities incident and related to the operation, maintenance and
administration thereof, all as provided in the Act.
"Fiscal Year" shall mean the fiscal year used by the City in connection
with the operation of the System.
"Fixed Rate Note" shall mean a note issued pursuant to the provisions of
_this Ordinance, having the terms and characteristics contained in
Section 2.05 hereof and issued in substantially the form described in
Section 2.07(b) hereof.
"Gross Revenues of the System" and "Gross Revenues" shall mean all
revenues and income of every nature derived or received by the City from the
operation and ownership of the System (other than moneys which may be subject
to rebate to the United States of America in accordance with Section 4.08
hereof).
"Holder" or "Noteholder" shall mean any person, firm, association, or
corporation who is in possession of any Note drawn, issued or endorsed to
such person, firm, association or corporation or to the order of such person,
firm, association or corporation or to bearer or in blank.
"Issuing and Paying Agent", "Paying Agent/Registrar" or "Registrar"
shall mean the agent appointed pursuant to Section 2.02 hereof, or any
successor to such agent.
"Issuing and Paying Agent Agreement" shall mean the agreement approved
and authorized to be entered into by Section 3.03 hereof, as from time to
time amended or supplemented.
Minutes of City Council 0-3 Page 250
THURSDAY, MARCH 8, 1990
Ordinance No. "Maximum Interest Rate" shall mean the maximum net effective interest
10538 cont. rate permitted by law to be paid on obligations issued or incurred by the
City in the exercise of its borrowing powers (currently prescribed by
Article 717k-2, V.A.T.C.S., as amended, or any successor provision).
"Maximum Maturity Date" shall mean twenty years following the date of
passage of this Ordinance.
"Net Revenues" and "Net Revenues of the System" shall mean all Gross
Revenues after deducting and paying the current expenses of operation and
maintenance of the System, as required by Article 1113, V.A.T.C.S., 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 by
the adoption of appropriate resolution, 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 Bonds or any Bank Note,
shall be deducted in determining "Net Revenues". Payments made by the City
for water supply or treatment of sewage which constitute under the law
operation and maintenance expense shall be considered herein as expenses
incurred in the operation and maintenance of the System. Depreciation and
amortization shall never be considered as an expense of operation and
maintenance in determining Net Revenues.
"Note" or "Notes" shall mean the evidences of indebtedness authorized to
be issued and at any time outstanding pursuant to this Ordinance and shall
include Commercial Paper Notes, Fixed Rate Notes, Variable Rate Notes or Bank
Notes, as appropriate.
-
"Outstanding Prior Lien Bonds" shall mean the outstanding and unpaid
bonds of the following series, to -wit: City of Fort Worth, Texas Water and
Sewer System Revenue Refunding Bonds, Series 1984 and Series 1986-A; City of
Fort Worth, Texas Water and Sewer System Revenue Bonds, Series 1985; Series
1986; Series 1987 and Series 1988.
"Pledged Revenues" and "Pledged Revenues of the System" shall mean (1)
the Net Revenues, plus (2) any additional revenues, income, 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 in the future may, at the option of the City, be pledged to the payment
of the Prior Lien Bonds and any Bank Note.
"Prior Lien Bond Ordinance" shall mean collectively the ordinances
authorizing the Outstanding Prior Lien Bonds.
"Prior Lien Bonds" shall mean collectively the Outstanding Prior Lien
Bonds and any bonds issued on a parity therewith.
"Project Costs" shall mean all costs and expenses incurred in relation
to Eligible Projects, including without limitation design, planning,
engineering. and legal costs, acquisition costs of land, interests in land,
right-of-way and easements, construction costs, costs of machinery,
equipment, and other capital assets incident and related to the operation,
maintenance, and administration of an Eligible Project, financing costs,
including interest during construction and thereafter, underwriter's discount
and/or fees for legal, financial, and other professional services, and
reimbursement for such Project Costs attributable to Eligible Projects
incurred prior to the issuance of any Project Notes.
"Project Note" shall mean, as appropriate, a Note or all the Notes other
than any Bank Note.
"Series A Note Construction Account" Shall mean the account so
designated in Section 2.14 hereof.
"Series A Note Payment Fund" shall mean -the fund so designated in
Section 2.11 hereof.
"Subordinate Lien Bonds" shall mean the outstanding City of Fort Worth,
Texas Water and Sewer System Subordinate Lien Revenue Bonds, Series 1989,
dated November 1, 1989 and originally issued in the aggregate principal
amount of $33,300,000.
"Subordinate Lien Obligations" shall mean the presently outstanding City
of Fort Worth, Texas Certificates of Obligation, Series 1989, dated August 1,
1989 originally issued in the aggregate principal amount of $10,700,000.
"System" shall mean 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
Minutes of City Council 0-3 Page 251
oZ�a.
THURSDAY, MARCH 8, 1990
Ordinance No. or permitted by law, the term System shall not include any water or sewer
10538 cont. facilities which are declared 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".
"Variable Rate Note" shall mean a note issued pursuant to the provisions
of this Ordinance, having the terms and characteristics specified in
Section 2.04 hereof and in substantially the form described in
Section 2..07(c) hereof the interest rate on which is adjusted from time to
time.
Section 1.02. Construction of Terms Utilized in this Ordinance. If
appropriate in the context of this Ordinance, words of the singular number
shall be considered to include the plural, words of the plural number shall
be considered to include the singular, and words of the masculine, feminine
or neuter gender shall be considered to include the other genders.
ARTICLE II
AUTHORIZATION OF NOTES
Section 2.01. General Authorization. Pursuant to authority conferred
by and in accordance with the provisions of the Constitution and laws of the
State of Texas, particularly the Act, Project Notes shall be and are hereby
authorized to be issued in an aggregate principal amount not to exceed
SEVENTY-FIVE MILLION DOLLARS ($75,000,000) at any one time outstanding for
the purpose of financing Project Costs of Eligible Projects; and to
refinance, renew or refund Notes issued pursuant to the provisions hereof;
and a Revolving Credit Note shall be and is hereby authorized to be issued in
the initial aggregate principal amount of FIFTY-THREE MILLION SIX HUNDRED
NINETY EIGHT THOUSAND SIX HUNDRED AND FIFTY DOLLARS ($53,698,650) at any one
time outstanding for the purpose of evidencing Advances to retire Project
Notes; all in accordance with and subject to the terms, conditions and
limitations contained herein and, with respect to the Revolving Credit Note,
the Agreement. For purposes of this Section 2.01, any portion of outstanding
Notes to be paid from money on deposit in the Series A Note Payment Fund and
from the available proceeds of Notes or Bonds on the day of calculation shall
not be considered outstanding. The authority to issue Project Notes from
time to time under the provisions of this Ordinance shall exist until the
Maximum Maturity Date, regardless of whether prior to the Maximum Maturity
Date there are at any time no Project Notes outstanding. Until such time as
the "Commitment" under the Agreement is increased as provided in Section 2.17
hereof, Project Notes shall not be issued to exceed at any one time
outstanding $50,000,000 in principal amount.
Section 2.02. Terms Applicable to Notes - General. Subject to the
limitations contained herein, Project Notes herein authorized shall be dated
as of their date or issuance or prior thereto, but within 30 days of the date
of issuance (the "Note Date"), as determined by an Authorized Representative;
shall bear no interest or bear interest at such rate or rates (either fixed,
variable or floating) per annum computed on the basis of either actual days
elapsed or twelve 30 -day months whichever is applicable, and on a 365 -day or
366 -day year, or a 360 -day year, whichever is applicable (but- in no event in
any case to exceed the Maximum Interest Rate in effect on the date of
issuance thereof) as may be determined by an Authorized Representative and
all Project Notes authorized herein shall mature on or prior to the Maximum
Maturity Date.
Subject to the Maximum Interest Rate 1 imitation, Project Notes
authorized to be issued hereunder without a fixed numerical rate of interest
for the term thereof shall bear interest in accordance with any clearly
stated formula or method of calculation as determined by an Authorized
Representative and such formula or method of calculation shall be set forth
in the Project Note.
Project Notes issued hereunder may contain terms and provisions for the
redemption or prepayment thereof prior to maturity, subject to any applicable
limitations contained herein, as shall be determined by an Authorized
Representative.
Subject to applicable terms, limitations and procedures contained
herein, Project Notes may be sold in such manner at public or private sale
and at par or at such discount (within the interest rate and yield
restrictions provided herein) as an Authorized Representative shall approve
at the time of the sale thereof.
Minutes of City Council 0-3 Page 252
253
THURSDAY, MARCH 8, 1990
rdinance No. The Project Notes shall be issued in registered form, without coupons,
0538 cont. provided, however, Project Notes maturing not more than one year from the.
date of issuance thereof (the "Note Date") may be registered to bearer. Both
principal of, premium, if any, and interest on the Project Notes shall be
payable in lawful money of the United States of America, without exchange or
collection charges to the Holder of the Project Note; the principal thereof
to be payable upon presentation and surrender of the Project Note at the
principal corporate office of the Paying Agent/ Registrar and interest
thereon to be payable to the registered owner thereof (when registered other
than to bearer) either (i) by check sent by United States Mail, first class,
postage prepaid, to the address of the registered owner appearing on the
Registration Books of the City maintained by the Paying Agent/Registrar or
(ii) by such other method, acceptable to the Issuing and Paying Agent,
requested by the Holder, but interest on a Project Note registered to bearer
shall be payable only upon presentation of the Project Note at the principal
corporate office of the Paying Agent/Registrar.
The selection and appointment of Mitsui Finance Trust Company of New
York, to serve as Issuing and Paying Agent, Paying Agent/Registrar and
Registrar for the Project Notes is hereby confirmed and the City covenants
and agrees to keep and maintain at the principal corporate office of the
Paying Agent/Registrar books and records (the "Registration Books") for the
registration, payment, transfer and exchange of the Project Notes, all as
provided herein and such reasonable rules and regulations as the Paying
Agent/Registrar may prescribe. The City covenants to maintain and provide a
Paying Agent/Registrar at all times while the Project Notes are outstanding,
which shall be a national or state banking association or corporation or
trust company organized and doing business under the laws of the United
States of America or of any State and authorized under such laws to exercise
trust powers. Should a change in the Paying Agent/Registrar for the Project
Notes occur, the City agrees to promptly cause a written notice thereof to be
(i) sent to each registered owner of the Project Notes then outstanding by
United States Mail,.first class, postage prepaid and (ii) published in a
financial newspaper or journal of general circulation in The City of New
York, New York, once during each calendar week for at least two calendar
weeks, provided, however, the publication of such notice shall not be
required if notice is sent to each Holder of the Project Notes. Such notice
shall give the address of the successor Paying Agent/Registrar. A successor
Paying Agent/Registrar may be appointed without the consent of the Holders.
A copy of the Registration Books and any change thereto shall be
provided to the City by the Paying Agent/Registrar, by means of
telecommunications equipment or such other means as may be mutually agreeable
thereto, within two Business Days of the opening of such Registration Books
or any change therein, as the case may be.
The City and the Paying Agent/Registrar may treat the bearer (in the
case of Project Notes so registered) or the registered payee thereof as the
absolute owner of any Project Note for the purpose of receiving payment
thereof and for all purposes, and the City and the Paying Agent/Registrar
shall not be affected by any notice or knowledge to the contrary.
Section 2.03. Commercial Paper Notes. Under and pursuant to the
authority granted hereby and subject to the limitations contained herein,
Commercial Paper Notes to be designated "City of Fort Worth, Texas Water and
Sewer System Commercial Paper Notes, Series A" are hereby authorized to be
issued and sold and delivered from time to time in such principal amounts as
determined by an Authorized Representative in denominations of $100,000 or
more, numbered in ascending consecutive numerical order in the order of their
issuance and to mature and become due and payable on such dates as an
Authorized Representative shall determine at the time of sale; provided,
however, that no Commercial Paper Note shall (i) mature after the Maximum
Maturity Date or (ii) have a term in excess of two hundred seventy (270)
days.
Interest, if any, on Commercial Paper Notes shall be payable at maturity
with principal.
Section 2.04. Variable Rate Notes. Under and pursuant to authority
granted hereby and subject to the limitations contained herein, Variable Rate
Notes to be designated "City of Fort Worth, Texas Water and Sewer System
Variable Rate Notes, Series A", are hereby authorized to be issued and sold
and delivered from time to time in such principal amounts as determined by an
Authorized Representative, such Variable Rate Notes to be in denominations of
no less than $5,000 or any integral multiple thereof, to be numbered in
ascending consecutive numerical order in the order of their issuance and to
mature and become due and payable on such dates as an Authorized
Representative shall determine at the time of sale; provided, however, that
no Variable Rate Note Shall mature after the Maximum Maturity Date. Variable
Rate Notes may be made to be payable on demand and may include such
provisions for the redemption thereof on any date prior to maturity under
such terms and conditions and at such redemption price or prices as shall be
determined by an Authorized Representative; provided, however, any premium
Minutes of City Council 0-3 Page 253
'2J4
THURSDAY, MARCH 8, 1990
Ordinance No. associated with a redemption prior to maturity or a Variable Rate Note shall
10538 cont. not exceed three percent (3%) or the principal amount thereof.
Variable Rate Notes are hereby authorized to be issued bearing interest
at a variable or floating rate not to exceed the Maximum Interest Rate and
interest thereon shall be payable at maturity and at such intervals prior to
maturity all as determined by an Authorized Representative.
Section 2.05. Fixed Rate Notes. Under and pursuant to authority
granted hereby and subject to the limitations contained herein, Fixed Rate
Notes to be designated "City of Fort Worth, Texas Water and Sewer System
Fixed Rate Notes, Series A" are hereby authorized to be issued and sold and
delivered from time to time in such principal amounts as determined by an
Authorized Representative, such Fixed Rate Notes to be in denominations of
$5,000 or any integral multiple thereof, to be numbered in ascending
consecutive numerical order in the order of their issuance and to mature and
become due and payable on such dates as an Authorized Representative shall
determine at the time of sale; provided, however, that no Fixed Rate Note
shall mature after the Maximum Maturity Date.
Fixed Rate Notes shall bear interest at a fixed rate of interest per
annum, such interest to be payable at maturity and at such intervals prior to
maturity as determined by an Authorized Representative. Fixed Rate Notes may
include such provisions for the redemption thereof on any date prior to
maturity under such terms and conditions and at such redemption price or
prices as shall be determined by an Authorized Representative; provided,
however, any premium associated with a redemption prior to maturity of a
Fixed Rate Note shall not exceed three percent (3%) of the principal amount
thereof.
Section 2.06. Bank Note. Under and pursuant to authority granted j
hereby and subject to the limitations contained herein and in the Agreement,
a Revolving Credit Note to be designated "City of Fort Worth, Texas Water and
Sewer System Credit Agreement Revolving Credit Note" and a Term Note (one or
more) to be designated "City of Fort Worth, Texas Water and Sewer System
credit Agreement Term Note" (with such other designation as may be determined I
by the Bank and approved by an Authorized Representative, so ax to
distinguish among such Term Notes, if any) are hereby authorized and approved
in accordance with the terms of this Ordinance, the Agreement and the forms
thereof set forth in the Agreement.
Section 2.07. Forms of Project Notes. The Project Notes and the
Certificate of Authentication to appear on each of the Project Notes shall be
substantially in the forms set forth in this Section with such appropriate
insertions, omissions, substitutions and other variations as are permitted or
required by this Ordinance and may have such letters, numbers or other marks
of identification (including identifying numbers and letters of the Committee
on Uniform Securities Identification Procedures of the American Banks
Association) and such legends and endorsements thereon as may, consistently
herewith, be approved by an Authorized Representative. Any portion of the
text of any Project Notes may be set forth on the reverse thereof, with an
appropriate reference thereto on the face of the Project Notes.
The Notes shall be printed, lithographed, or engraved or produced in any
other similar manner, or typewritten, all as determined and approved by an
Authorized Representative.
(a) Form of Commercial Paper Note:
UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF FORT WORTH, TEXAS
WATER AND SEWER SYSTEM
COMMERCIAL PAPER NOTE,
SERIES A
No.: Note Date:
Principal Amount: Maturity Date:
Interest to Maturity:. Number of Days:
Due at Maturity: Interest Rate (%):
Owner:
The City of Fort Worth (the "City"), in Tarrant and Denton Counties,
State of Texas, FOR VALUE RECEIVED, hereby promises to pay, solely from the
sources hereinafter identified and as hereinafter stated, to the order of the
party specified above on the maturity date specified above, the principal sum
specified above and to pay interest, if any, on said principal amount at said
maturity date, from the above specified note date to said maturity date at
the per annum interest rate shown above (computed on the basis of actual days
elapsed and a 365 -day or 366 -day year, as may be applicable) ; both principal
and interest on this Note being payable in lawful money of the United States
of America at the principal corporate trust office of the Issuing and Paying
Agent executing the "Certificate of Authentication" endorsed hereon and
Minutes of City Council 0-3 Page 254
255
�[rl:+-: : •111
rdinance No. II appearing below, or its successor at the address specified above. No
0538 interest will accrue on the principal amount hereof after said maturity date.
This Note is one of an issue of commercial paper notes (the "Commercial
Paper Notes") which, together with other forms of short term obligations,
including the below referenced Revolving Credit Note and one or more Term
Notes (such other short term obligations, including the Revolving Credit Note
and Term Notes, and the Commercial Paper Notes being hereinafter collectively
referred to as the "Notes"), has been duly authorized and issued in
accordance with the provisions of an ordinance (the "Ordinance") passed by
the City Council of the City for the purpose of financing Project Costs of
Eligible Projects (as defined in the Ordinance) for the City's Combined Water
and Sewer System (the "System"); and to refinance, renew or refund the Notes
issued pursuant to the provisions of the Ordinance; all in accordance and in
strict conformity with the provisions of Article 717q, V.A.T.C.S., as amended
(the "Act").
This Commercial Paper Note, together with the other Notes, is payable
from and equally secured by a lien on and pledge of (i) the proceeds from (a)
the sale of other Notes issued for such purpose and (b) the sale of a series
or issue of Bonds (as defined in the Ordinance) to be issued by the City for
such purpose, (ii) advances under and pursuant to the Credit Agreement
between the City and The Mitsui Bank, Limited (the "Bank") pursuant to which
the Bank has agreed to provide credit to the City under the terms and
conditions set forth therein, which advances are to be evidenced by a
Revolving Credit Note and, if applicable under the Credit Agreement, one or
more Term Notes (each as defined in said Credit Agreement), and (iii) amounts
in certain funds established pursuant to the Ordinance.
This Commercial Paper Note, together with the other Notes, is payable
solely from the sources hereinabove identified securing the payment thereof,
and the Commercial Paper Notes do not constitute a legal or equitable pledge,
charge, lien or encumbrance upon any other property of the City or the
System. The holder hereof shall never have the right to demand payment of
this obligation from any sources or properties of the City except as
identified above.
It is hereby certified and recited that all acts, conditions and things
required by law and the Ordinance to exist, to have happened and to have been
performed precedent to and in the issuance of this Commercial Paper Note, do
exist, have happened and have been performed in regular and in due time, form
and manner as required by law and that the issuance of this Commercial Paper
Note, together with all other Notes, is not in excess of the principal amount
of Notes permitted to be issued under the Ordinance.
This Commercial Paper Note has all the qualities and incidents of a
negotiable instrument under the laws of the State of Texas.
This Commercial Paper Note shall not be entitled to any benefit under
the Ordinance or be valid or become obligatory for any purpose until this
Commercial Paper Note shall have been authenticated by the execution by the
Issuing and Paying Agent of the Certificate of Authentication hereon.
IN TESTIMONY WHEREOF, the City Council has authorized and caused this
Commercial Paper Note to be executed on its behalf by the manual or facsimile
signature of the Mayor and countersigned by the manual or facsimile
signatures of the City Attorney and City Secretary and its official seal to
be impressed or a facsimile thereof to be printed hereon.
COUNTERSIGNED:
City Secretary,
City of Fort Worth, Texas
APPROVED AS TO FORM AND
LEGALITY:
City Attorney,
City of Fort Worth, Texas
(SEAL)
Mayor,
City of Fort Worth, Texas
ISSUING AND PAYING AGENT'S
CERTIFICATE OF AUTHENTICATION
This Commercial Paper Note is one of the Commercial Paper Notes
delivered pursuant to the within mentioned Ordinance.
as Issuing and Paying Agent
By
Authorized Signatory
Minutes of City Council 0-3 Page 255
256
THURSDAY, MARCH 8, 1990
Ordinance No. (b) Form of Fixed Rate Note:
10538 cont. UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF FORT WORTH, TEXAS
WATER AND SEWER SYSTEM
FIXED RATE NOTE, SERIES A
Note Interest Note Maturity Principal
Number Rate Date Date Amount
The City of Fort Worth ("City"), in Tarrant and Denton Counties, State
of Texas, FOR VALUE RECEIVED, hereby promises to pay, solely from the sources
hereinafter identified and as hereinafter stated, to the order of
on the Maturity Date
specified above, the principal sum specified above and to pay interest, if
any, on said principal amount at said Maturity Date, from the above specified
Note Date to said Maturity Date at the per annum Interest Rate shown above
(computed on the basis of twelve 30 -day months and a 360 -day year). Both
principal of, premium, if any, and interest on this Note are payable in
lawful money of the United States of America; the principal, premium, if any,
hereof being payable upon presentation and surrender of this Note at the
principal corporate office of the Paying Agent/Registrar executing the
Certificate of Authentication appearing hereon, or its successor, and the
interest hereon to be payable either (i) by check sent by United States Mail,
first class postage prepaid, to the address of the registered owner hereof
appearing on the registration and transfer books (the "Registration Books")
maintained by the Paying Agent/Registrar or (ii) by such other method,
acceptable to the Paying Agent/Registrar, requested by the registered owner
hereof, and if registered to bearer, upon presentation of this Note at the
principal corporate trust office of the Paying Agent/Registrar.
This Note is one of an issue of notes (the "Fixed Rate Notes") which,
together with other forms of short term obligations, including the below
referenced Revolving Credit Note and one or more Term Notes (such other short
term obligations, excluding the Revolving Credit Note and Term Notes, and the
Fixed Rate Notes being hereinafter collectively referred to as the "Notes"),
has been duly authorized and issued in accordance with the provisions of an
ordinance (the "Ordinance") passed by the City Council of the City for the
purpose of financing Project Costs of Eligible Projects (as defined in the
Ordinance) for the City's combined Water and Sewer System (the "System"); and
to refinance, renew or refund the Notes issued pursuant to the provisions of
the -Ordinance; all in accordance with the provisions of Article 717q,
V.A.T.C.S., as amended (the "Act").
This Fixed Rate Note, together with the other Notes, is payable from and
equally secured by a lien on and pledge of (i) the proceeds from (a) the sale
of other Notes issued for such purpose and (b) the sale or a series or issue
of Bonds (as defined in the Ordinance) to be issued by City for such purpose,
(ii) advances under and pursuant to the Credit Agreement between the City and
The Mitsui Bank, Limited (the "Bank") pursuant to which the Bank has agreed
to provide credit to the City under the terms and conditions set forth
therein, which advances are to be evidenced by a Revolving Credit Note and,
if applicable under the Credit Agreement, one or more Term Notes (each as
defined in said Credit Agreement) and (iii) amounts in certain funds
established pursuant to the Ordinance.
This Fixed Rate Note, together with the other Notes, is payable solely
from the sources hereinabove identified securing the payment thereof and the
Fixed Rate Notes do not constitute a legal or equitable pledge, charge, lien
or encumbrance upon any other property of City or the System. The holder
hereof shall never have the right to demand payment of this obligation from
any sources or properties of City except as identified above.
[Insert - Redemption Provisions, if any]
This Fixed Rate Note may be transferred only upon the Registration Books
maintained by the Registrar under the Ordinance upon surrender thereof at the
principal corporate trust office of the Registrar with an assignment duly
executed by the registered owner or his duly authorized attorney, but only in
the manner, subject to the limitations and upon payment of the charges
provided in the Ordinance, and upon surrender and cancellation of this Fixed
Rate Note. Upon any such transfer, there shall be executed in the name of
the transferee, and the Registrar shall deliver, a new registered note or
notes in the same aggregate principal amount and maturity and interest rate
of the authorized denominations as the surrendered Fixed Rate Note.
It is hereby certified and recited that all acts, conditions and things
required by law and the Ordinance to exist, to have happened and to have been
performed precedent to and in the issuance of this Fixed Rate Note, do exist,
have happened and have been performed in regular and in due time, form and
Minutes of City Council 0-3 Page 256
257
THURSDAY, MARCH 8, 1990
Ordinance No. manner as required by law and that the issuance of this Fixed Rate Note,
10538 cont. together with all other Notes, is not in excess of the principal amount of
Notes permitted to be issued under the Ordinance.
This Note is and has all the qualities and incidents of a negotiable
instrument under the laws of the State or Texas.
This Fixed Rate Note shall not be entitled to any benefit under the
Ordinance or be valid or become obligatory for any purpose until this Fixed
Rate Note shall have been authenticated by the execution by the Paying
Agent/Registrar of the Certificate of Authentication hereon.
IN TESTIMONY WHEREOF, the City Council has authorized and caused this
Fixed Rate Note to be executed on its behalf by the manual or facsimile
signature of the Mayor and countersigned by the manual or facsimile
signatures of the City Attorney and City Secretary and its official seal to
be impressed or a facsimile thereof to be printed hereon.
COUNTERSIGNED:
City Secretary, Mayor,
City of Fort Worth, Texas City of Fort Worth, Texas
APPROVED AS TO FORM AND
LEGALITY:
City Attorney,
City of Dallas, Texas
(SEAL)
PAYING AGENT/REGISTRAR'S
CERTIFICATE OF AUTHENTICATION
This Fixed Rate Note is one of the Fixed Rate Notes delivered pursuant
to the within mentioned Ordinance. -
as
Paying Agent/Registar
By
Authorized 3ignatory
Registered This Date:
(c) Form of Variable Rate Note:
UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF FORT WORTH, TEXAS
WATER AND SEWER SYSTEM
VARIABLE RATE NOTE, SERIES A
Note Note Maturity Principal
Number Date Date = Amount
The City of Fort Worth ("City"), in Tarrant and Denton Counties, State
of Texas, FOR VALUE RECEIVED, hereby promises to pay, solely from the sources
hereinafter identified and as hereinafter stated, to the order of
on the Maturity Date specified above [or on demand (after business
days from the receipt of a written demand for payment as provided below)] the
principal sum specified above and to pay interest, if any, on said principal
amount from the above specified Note Date to said Maturity Date or the date
of payment pursuant to a demand for payment at the rate per annum (computed
on the basis of actual days elapsed and a 365 -day or 366 -day year as
applicable) equal to [insert formula or method of calculation for determining
variable or floating rate of interest], such interest being payable
on the day of Principal of, premium, if any, and
interest-5—this Note are pay—able in lawful money of the United States of
America; the principal hereof being payable upon presentation and surrender
of this Note at the principal corporate trust office of the Paying
Agent/Registrar executing the Certificate of Authentication appearing hereon,
or its successor, and the interest hereon to be payable either (i) by check
sent by United States Mail, first cl ass postage prepaid, to the address of
the registered owner hereof appearing on the registration and transfer books
(the "Registration Books") maintained by the Paying Agent/Registrar or (ii)
by such other method, acceptable to the Paying Agent/Registrar, requested by
Minutes of City Council 0-3 Page 257
258
THURSDAY, MARCH 8 1990
Ordinance No. the registered owner hereof, and, if registered to bearer, upon presentation
10 538 cont. of the Note at the principal corporate office of the Paying Agent/Registrar.
This Note is one of an issue of variable rate notes (the "Variable Rate
Notes") which, together with other forms of short term obligations, including
the below referenced Revolving Credit Note and one or more Term Notes (such
other short term obligations, excluding the Revolving Credit Note and Term
Note, and the Variable Rate Notes being hereinafter collectively referred to
as the "Notes"), has been duly authorized and issued in accordance with the
provisions of an ordinance (the "Ordinance") passed by the City Council of
the City for the purpose of financing Project Costs of Eligible Projects (as
defined in the Ordinance) for the City's combined Water and Sewer System (the
"System"); and to refinance, renew or refund the notes issued pursuant to the
provisions of the Ordinance; all in accordance with the provisions of
Article 717q, V.A.T.C.S., as amended (the "Act").
This Variable Rate Note, together with the other Notes, is payable from
and equally secured by a lien on and pledge of (i) the proceeds from (a) the
sale of other Notes issued for such purpose and (b) the sale of a series or
issue of Bonds (as defined in the Ordinance) to be issued by the City for
such purpose, (ii) advances under and pursuant to the Credit Agreement
between the City and The Mitsui Bank, Limited (the "Bank") pursuant to which
the Bank has agreed to provide credit to the City under the terms and
conditions set forth therein, which advances are to be evidenced by a
Revolving Credit Note and, if applicable under the Credit Agreement, one or
more Term Notes (each as defined in the Agreement), and (iii) amounts in
certain funds established pursuant to the Ordinance.
This Variable Rate Note, together with the other Notes, is payable
solely from the sources hereinabove identified securing the payment thereof
and the Variable Rate Notes do not constitute a legal or equitable pledge,
charge, lien or encumbrance upon any other property of City or the System.
The holder hereof shall never have the right to demand payment of this
obligation from any sources or properties of City except as identified above.
(Optional Paragraph if Note payable on Demand - Demand for payment of
this Variable Rate Note shall be made in writing to the City at the office of
Texas. (Insert statement of
dates or periods on which or in which demand for payment may be made). Such
demand shall be irrevocable. Upon a demand for payment of this Variable Rate
Note being made in accordance with the provisions hereinabove recited, this
Note shall become due and payable on the business day next following the
receipt of the written demand for payment).
This Variable Rate Note may be transferred only upon the Registration
Books of the Registrar under the Ordinance upon surrender thereof at the
principal corporate trust office of the Paying Agent/Registrar with an
assignment duly executed by the registered owner or his duly authorized
attorney, but only in the manner, subject to the limitations and upon payment
of the charges provided in the Ordinance, and upon surrender and cancellation
of this Variable Rate Note. Upon any such transfer, there shall be executed
in the name of the transferee, and the Registrar shall deliver, a new
registered note or notes in the same aggregate Principal amount, maturity
date and interest rate and in the authorized denominations as the surrendered
Variable Rate Note.
[Insert - Redemption Provisions, if any]
It is hereby certified and recited that all acts, conditions and things
required by law and the Ordinance to exist, to have happened and to have been
performed precedent to and in the issuance of this Variable Rate Note, do
exist, have happened and have been performed in regular and in due time, form
and manner as required by law and that the issuance of this Variable Rate
Note, together with all other Notes, is not in excess of the principal amount
of Notes permitted to be issued under the Ordinance.
This Note is and has all the qualities and incidents of a negotiable
instrument under the laws of the State of Texas.
This Variable Rate Note shall not be entitled to any benefit under the
Ordinance or be valid or become obligatory for any purpose until this
Variable Rate Note shall have been authenticated by the execution by the
Paying Agent/Registrar of the Certificate of Authentication hereon..
IN TESTIMONY WHEREOF, the City Council has authorized and caused this
Variable Rate Note to be executed on its behalf by the manual or facsimile
signature of the Mayor and countersigned by the manual or facsimile
signatures of the City Secretary and City Attorney, and its official seal to
be impressed or a facsimile thereof to be printed hereon.
COUNTERSIGNED:
City Secretary, Mayor,
City of Fort Worth, Texas City of Fort Worth, Texas
Minutes of City Council 0-3 Page 258
259
THURSDAY, MARCH 8, 1990
Ordinance No. APPROVED AS TO FORM AND
10538 cont. LEGALITY:
City Attorney,
City of Fort Worth, Texas
(SEAL)
PAYING AGENT/REGISTRAR'S
CERTIFICATE OF AUTHENTICATION
This Variable Rate Note is one of the Variable Rate Notes delivered
pursuant to the within mentioned Ordinance.
as
Paying Agent/Registrar
Registered This Date: By
Authorized Signatory
Section 2.08. Execution - Authentication. The Notes shall be executed
on behalf of the City by the Mayor, approved as to form and legality by the
City Attorney and attested by the City Secretary under its seal reproduced or
impressed thereon, all as provided in Section 2.07 hereof. The signature of
said officers on the Notes may be manual or facsimile. Notes bearing the
manual or facsimile signatures of individuals who are or were the proper
officers of the City on the date of passage of this Ordinance shall be deemed
to be duly executed on behalf of the City, notwithstanding that such
individuals or either of them shall cease to hold such offices at the time of
the initial sale and delivery of Notes authorized to be issued hereunder and
with respect to Notes delivered in subsequent sales, exchanges and transfers,
all as authorized and provided in the Bond Procedures Act of 1981, as amended
(Article 717k-6, V.A.T.C.S.).
No Project Note shall be entitled to any right or benefit under this
Ordinance, or be valid or obligatory for any purpose, unless there appears on
such Project Note a certificate of authentication substantially in the forms
provided in ,Section 2.07 hereof, executed by .the Paying Agent/Registrar by
manual signature, and such certificate upon any Project Note shall be
conclusive evidence, and the only evidence, that such Project Note has been
duly certified or registered and delivered.
Section 2.09. Notes Mutilated, Lost, Destroyed or Stolen. If.any Note
shall become mutilated, the City, at the expense of the Holder of said Note,
shall execute and deliver a new Note of like tenor and number in exchange and
substitution for the Note so mutilated, but only upon surrender to the City
of the Note so mutilated. If any Note shall be lost, destroyed or stolen,
evidence of such loss, destruction or theft may be submitted to the City and,
if such evidence be satisfactory to it and indemnity satisfactory to it shall
be given, the City, at the expense of the owner, shall execute and deliver a
new Note of like tenor in lieu of and in substitution for the Note so lost,
destroyed or stolen. Neither the City nor the Paying Agent/Registrar shall
be required to treat both the original Note and any duplicate Note as being
outstanding for the purpose of determining the principal amount or Notes
which may be issued hereunder, but both the original and the duplicate Note
shall be treated as one and the same.
Section 2.10. Negotiability, Registration and Exchangeability. The
obligations issued hereunder shall be, and shall have al I of the qualities
and incidents of, a negotiable instrument under the laws of the State of
Texas, and each successive holder, in accepting any of the obligations, shall
be conclusively deemed to have agreed that such obligations shall be and have
all of the qualities and incidents of a negotiable instrument under the laws
of the State of Texas.
The Registration Books relating to the registration, payment and
transfer or exchange of the Project Notes shall at all times be kept and
maintained by the City at the principal corporate office of the Registrar,
and the Registrar shall obtain, record and maintain in the Registration Books
the name and address of each registered, owner of the Project Notes, except
for Project Notes registered to bearer, issued under and pursuant to the
provisions of this Ordinance, and .the Registrar further shall provide such
information to the City as described in Section 2.02 hereof. Any Project
Note may, in accordance With its terms and the terms hereof, be transferred
or exchanged for Project Notes of like tenor and character and of other
authorized denominations upon the Registration Books by the Holder in person
or by his duly authorized agent, upon surrender of such Project Note to the
Registrar for cancellation, accompanied by a written instrument of transfer
or request for exchange duly executed by the Holder or by his duly authorized
agent, in form satisfactory to the Registrar..
Minutes of City Council 0-3 Page 259
260
THURSDAY, MARCH 8, 1990
Ordinance No. Upon surrender for transfer of any Project Note at the principal office
10538 cont. of the Registrar, the Registrar shall register and deliver, in the name of
the designated transferee or transferees (or to bearer, as appropriate), one
or more new Project Notes executed on behalf of, and furnished by, the City
of like tenor and character and of authorized denominations and having the
same maturity, bearing interest at the same rate and or a like aggregate
principal amount as the Project Note or Project Notes surrendered for
transfer.
Furthermore, Project Notes may be exchanged for other Project Notes of
like tenor and character and of authorized denominations and having the same
maturity, bearing the same rate of interest and of like aggregate principal
amount as the Project Notes surrendered for exchange, upon surrender of the
Project Notes to be exchanged at the principal office of the Registrar.
Whenever any Project Notes are so surrendered for exchange, the Registrar
shall register and deliver new Project Notes of like tenor and character as
the Project Notes exchanged, executed on behalf of, and furnished by, the
City to the Holder requesting the exchange.
The City and the Registrar may charge the Noteholder a sum sufficient to
reimburse them for any expenses incurred in making any exchange or transfer
after the first such exchange or transfer. The Registrar or the City may
also require payment from the Holder of a sum sufficient to cover any tax,
fee or other governmental charge that may be imposed in relation thereto.
Such charges and expenses shall be paid before any such new Project Note
shall be delivered.
The City and the Paying Agent/Registrar shall not be required (a) to
issue, transfer or exchange any Project Note during a period beginning at the
opening of business .on the 15th day next preceding either any interest
payment date of such Project Note or any date of possible selection of such
Project Note or parts thereof to be redeemed and ending at the close of
business on the interest payment date or day on which the applicable notice
of redemption is given, or (b) to transfer or exchange any Project Note
selected, called or being called for redemption in whole or in part.
New Project Notes delivered upon any transfer or exchange shall be valid
special obligations of the City, evidencing the same debt as the Project
Notes surrendered, shall be secured by this Ordinance and shall be entitled
to all of the security and benefits hereof to the same extent as the Project
Notes surrendered.
The City reserves the right to change the above registration and
transferability provisions of the Project Notes at any time on or prior to
the delivery thereof in order to comply with applicable laws and regulations
of the United States in effect at the time of issuance thereof.
Section 2.11. Series A Note Payment Fund. - There is hereby created and
established with the Issuing and Paying Agent a separate and special fund to
be designated as the "City of Fort Worth, Texas Water and Sewer System Series
A Note Payment Fund" (the "Series A Note Payment Fund"). Moneys on deposit
in the Series A Note Payment Fund shall be used to pay principal of, premium,
if any, and interest on Project Notes at the respective interest payment,
maturity or redemption dates of each issue of such Notes as provided herein
and the repayment of any Advances and term loans made pursuant to the
Agreement (evidenced by any Bank Note). Amounts remaining in the Series A
Note Payment Fund not then necessary for the purposes thereof may be
transferred to the Series A Note Construction Account (created pursuant to
Section 2.14 hereof) upon request of an Authorized Representative.
Additionally all proceeds of advances shall be deposited into the Series
A Note Payment Fund and used to pay the principal of, premium, if any, and
interest on the Project Notes.
Pending the expenditure of moneys in the Series A Note Payment Fund for
authorized purposes, moneys deposited in said Fund may be invested at the
direction of the Director of Finance or the designee thereof in .Eligible
Investments. Any income received from such investments shall be deposited,
as received, into the Revenue Fund,as hereinafter defined and shall not, for
purposes of this Ordinance, be considered an amount held in the Series A Note
Payment Fund.
Section 2.12. Pledge; Payments. The Notes are special obligations of
the City payable from and secured solely by the funds pledged therefor
pursuant to this Ordinance. The City agrees to make payments into the Series
A Note Payment Fund at such times and in such amounts as are necessary to
provide for the full payment of the principal of, premium, if any, and the
interest on the Notes when due.
To provide security for the payment of the principal of and interest on
the Notes and any other amounts due under the Agreement as the same shall
become due and payable, there is hereby granted a lien on and pledge of,
subject only to the provisions of this Ordinance permitting the application
thereof for purposes and on the terms and conditions set forth herein, (i)
Minutes of City Council 0-3 Page 260
261
THURSDAY, MARCH 8, 1990
Ordinance No. the proceeds from (a) the sale of the Bonds issued for such purpose and (b)
10538 cont. the sale of Project Notes issued pursuant to this Ordinance for such purpose,
(ii) Advances, (iii) the amounts held in the Series A Note Payment Fund until
the amounts deposited therein are used for authorized purposes, provided,
however, amounts in the Series A Note Payment Fund attributable to and
derived from Advances shall be used only to pay, prior to any application to
the payment of the Bank Note, the principal of, premium, if any, and interest
on the Project Notes in full, and (iv) the amounts remaining on deposit in
the Series A Note Construction Account after the payment of all Project
Costs, and it is hereby resolved and declared the principal of and interest
on the Notes and any other amounts due under the Agreement shall be and are
hereby equally and ratably secured by and payable from a lien on and pledge
of the sources hereinabove identified in clauses (i), (ii), (iii) and (iv)
subject and subordinate only to the exceptions noted therein. Additionally,
to provide security for the payment of the principal of and interest on the
Bank Note and other amounts due under the Agreement as the same shall become
due and payable, there is hereby granted a lien on and pledge of, subject
only to the provisions of this Ordinance permitting the application thereof
for purposes and on the terms and conditions set forth herein, the Pledged
Revenues, such lien on and pledge of Pledged Revenues to the Bank Notes and
other amounts due under the Agreement, however, being subordinate only to the
lien and pledge of the Pledged Revenues securing the payment of Prior Lien
Obligations. Unless a Bank Note is paid from the proceeds of Project Notes
or Bonds issued for such purposes, or amounts available in the Series A Note
payment Fund or the Series A Note Construction Fund, all as described above,
such payments are to be made from Pledged Revenues on deposit in the "Bank
Note Account" in accordance with Section 4.04 hereof.
Section 2.13. Application of Prior Covenants. The covenants and
agreements (to the extent the same are not inconsistent herewith) contained
in the Prior Lien Bond Ordinance are hereby incorporated herein and shall be
deemed to be for the benefit and protection of the Bank Notes and the Holder
thereof in like manner as applicable to the Prior Lien Bonds, provided,
however, in the event of any conflict between the terms, covenants and
agreements contained herein and the terms, covenants and agreements contained
in the Prior Lien Bond Ordinance, the provisions of the Prior Lien Bond
Ordinance shall control over the provisions hereof.
Section 2.14. Series A Note Construction Account. There is hereby
created and established a separate account hereby designated as the "City of
Fort Worth, Texas Water and Sewer System Series A Note Construction Account"
(the "Series A Note Construction Account"). The Series A Note Construction
Account shall be held by the City with a depository of the City. Moneys
deposited in the Series A Note Construction Account shall remain therein
until from time to time expended to pay for Project Costs, and shall not be
used for any other purposes whatsoever, except as otherwise provided below,
and pending such expenditure, moneys in said Account may be invested at the
direction of the Director of Finance or the designee thereof in Eligible
Investments. Any income received from such investments (except as otherwise
required to be rebated to the United States of America in accordance with the
provisions of Section 4.08 hereof) shall be deposited, as received, into the
Revenue Fund and shall not, for purposes of this ordinance, be considered an
amount held in the Series A Note Construction Account.
Any amounts on deposit in the Series A Note Construction Account
designated by an Authorized Representative as eligible to pay interest during
construction and thereafter may be transferred from time to time at the
direction of an Authorized Representative to the credit of the Series A Note
Payment Fund for use in accordance with the terms of Section 2.11 hereof.
Any amounts remaining in the Series A Note Construction Account after the
payment of all Project Costs shall be paid into the Series A Note Payment
Fund and used for the payment of such maturities or the Project Notes coming
due at such times as may be selected by an Authorized Representative or for
the payment of the Bank notes, as the case may be. In the event no Project
Notes are outstanding -and there are no outstanding Advances, any amounts in
the Series A Note Construction Account not anticipated to be needed to pay
Project Costs shall be transferred to the Interest and Sinking Fund
established by the Prior Lien Bond Ordinance or the debt service fund to be
established for the payment of the Bonds, when issued.
Section 2.15. Cancellation. All Project Notes which at maturity are
surrendered to the Paying gent/Registrar for the collection of the principal
and interest thereof or are surrendered for transfer or exchange pursuant to
the provisions hereof shall, upon payment or issuance of new Project Notes,
be cancelled by the Paying Agent/Registrar, and the Paying Agent/Registrar
forthwith shall transmit .to the City a certificate identifying such Project
Notes and that such Project Notes have been duly cancelled and destroyed.
Section 2.16. Fiscal and Other Agents. In furtherance of the purposes
of this Ordinance, the City may from time to time appoint and provide for the
payment of such additional fiscal, paying or other agents or trustees as it
may deem necessary or appropriate in connection with the Notes.
Minutes of City Council 0-3 Page 261
2 G 2
THURSDAY, MARCH 8, 1990
Ordinance No. Section 2.17. Credit Agreement. The Agreement, substantially in the
10538 cont. form attached hereto as Exhibit A, is hereby approved, and shall be entered
into with the Bank. The forms of the Revolving Credit Note and the Term Note
contained in the Agreement are also approved, including the interest rate to
be determined as set forth therein. Upon the approval thereof by the City
Attorney,. whose approval shall be evidenced by executing the Agreement, the
City Manager is hereby authorized to execute and deliver the Agreement and
any other documents called for thereunder, the Mayor is hereby authorized to
execute and deliver any Bank Note, and the City Secretary is authorized to
place the City seal on such instruments. In addition, in the event that the
"Commitment" (as defined in the Agreement) is increased by the Bank to enable
the City to issue and have at any one time outstanding Project Notes in an
amount in excess of $50,000,000, but no greater than $75,000,000, upon the
approval by the City Attorney of any amendment to the Agreement evidencing
such an increase in the amount of the Commitment the City Manager is hereby
authorized to execute and deliver said amendment, and the City Secretary is
authorized to place the City seal on such amendment, without further action
being taken by this City Council.
Section 2.18. Funds Secured. That moneys in all such Funds, to the
extent not invested as permitted hereunder, shall be secured in the manner
prescribed by law for securing funds of the City.
ARTICLE III
ISSUE AND SALE OF NOTES
Section 3.01. Issuance and Sale of Notes. (a) The Commercial Paper
Notes shall be completed and delivered by the Issuing and Paying Agent in
accordance with telephonic, computer or written instructions of the Director
of Finance or the designee thereof and in the manner specified below and in
the Issuing and Paying Agent Agreement (hereinafter defined). To the extent
such instructions are not written, they shall be confirmed in writing by the
Director of Finance or the designee thereof within 24 hours. Said
instructions shall specify such principal amounts, dates of issue,
maturities, rates of discount or interest, and other terms and conditions
which are hereby authorized and permitted to be fixed by the Director of
Finance or the designee thereof at the time of sale of the Commercial Paper
Notes. Such instructions shall include the purchase price of the Commercial
Paper Notes, and a request that the Issuing and Paying Agent authenticate
such Commercial Paper Notes by counter signature of its authorized officer or
employee and deliver them to the named purchaser or purchasers thereof upon
receipt of payment in accordance with the custom then prevailing in the New
York financial market in regard to such Commercial Paper Notes. The rules of
the New York Clearinghouse shall apply thereto. Such instructions shall also
contain provisions representing that all action on the part of the City
necessary for the valid issuance of the Commercial Paper Notes then to be
issued has been taken, that all provisions of Texas and federal law necessary
for the valid issuance or such Commercial Paper Notes with provision for
interest exemption from federal income taxation have been complied with, and
that such Commercial Paper Notes in the hands of the Holders thereof will be
valid and enforceable obligations of the City according to their terms,
subject to the exercise of judicial discretion in accordance with general
principles of equity and bankruptcy, insolvency, reorganization, moratorium
and other similar laws affecting creditors' rights heretofore or hereafter
enacted to the extent constitutionally applicable and that, based upon the
advice of Bond Counsel, the stated interest on the Commercial Paper Notes is
exempt from federal income tax. Such instructions shall also certify that:
(i) no Event of Default under Section 5.01 hereof has occurred and as
continuing as of the date of such Certificate;
(ii) the City is in compliance with the covenants set forth in Article
IV hereof as of the date of such instructions; and
(iii) the sum of the interest payable on such Commercial Paper Note will
not exceed a yield (calculated on the principal amount of the Commercial
Paper Note on the basis of a 365 -day or 366 -day, as may be applicable, year
and actual number of days elapsed) to the maturity date of such Commercial
Paper Note in excess of the Maximum Interest Rate in effect on the date of
issuance of such Commercial Paper Note. ,
(b) The Revolving Credit Note shall be or has been delivered to the Bank
and indebtedness may be incurred thereunder in accordance with the terms of
the Agreement.
(c) Variable Rate Notes and Fixed Rate Notes shall be issued and sold at
public or private sale in the same manner provided for the issuance and sale
of Commercial Paper Notes in subsection (a) of this Section 3.01.
, Section 3.02« Proceeds of Sale of Project Notes. The proceeds of the
sale of any Project Notes net of all expenses and costs of sale and
issuance) shall be applied for any or all of the following purposes as
directed by an Authorized Representative:
Minutes of City Council 0-3 Page 262
263
THURSDAY, MARCH 8, 1990
rdinance No. (i) Proceeds to be used for the payment and redemption of outstanding
0538 cont. Project Notes at or before maturity and the repayment or any borrowings
(evidenced by any Bank Note) or other amounts due under the Agreement shall
be retained in the Series A Note Payment Fund, and expended therefor; and
(ii) Proceeds not retained in the Series A Note Payment Fund as provided
in subparagraph (i) above shall be transferred and deposited to the Series A
Note Construction Account and used and applied in accordance with the
provisions of Section 2.14 hereof.
Section 3.03. Issuing and Paying Agent Agreement. The Issuing and
Paying Agent Agreement by and between the City and the Issuing and Paying
Agent, relating to the Commercial Paper Notes, attached hereto as Exhibit B,
is hereby approved as to form and content and, upon the approval thereof by
the City Attorney, whose approval shall be evidenced by executing the Issuing
and Paying Agent Agreement, the City Manager is hereby authorized and
directed to execute the same for and on behalf of the City and the City
Secretary is authorized to place the City seal on such instrument. The City
Manager is hereby authorized to enter into any supplemental agreements with
the Issuing and Paying Agent or with any successor Issuing and Paying Agent
in order to implement the functions of Paying Agent/Registrar or Registrar
with respect to the Project Notes.
Section 3.04. Dealer Agreement. The Dealer Agreement in the form
attached hereto as Exhibit C with Shearson Lehman Hutton Inc. (the "Dealer")
pertaining to the sale, from time to time, of Commercial Paper Notes or the
purchase of Commercial Paper Notes from the City, all for a fee as set forth
in said Dealer Agreement, is hereby approved as to form and content and, upon
the approval thereof by the City Attorney, whose approval shall be evidenced
by executing said Dealer Agreement, the City Manager is hereby authorized and
directed to execute the same for and on behalf of the City and the City
Secretary is authorized to place the City seal on such instrument.
ARTICLE IV
COVENANTS OF THE CITY
Section 4.01. Limitation on Issuance. Unless this Ordinance is amended
and modified by the City Council and in accordance with the provisions of
Section 6.01 hereof, the City covenants that there will not be issued and
outstanding at any time under this Ordinance more than $75,000,000 in
principal amount of Project Notes. For purposes of this Section 4.01 any
portion of outstanding Project Notes to be paid on a particular day from
moneys on deposit in the Series A Note Payment Fund and available proceeds of
Notes or Bonds shall not be considered outstanding on such day.
Additionally, the City covenants and agrees that the total principal
amount of all Project Notes outstanding at any one time and the total amount
of interest accrued or to accrue thereon shall not exceed the "Commitment"
(as defined in the Agreement).
Section 4.02. Rates and Charges. The City hereby agrees and reaffirms
its covenants to the holders of the Prior Lien Bonds and covenants to the
Holder of the Bank Note that it will at all times maintain rates and charges
for the services furnished, provided, and supplied by the System which shall
comply with the provisions of the Prior Lien Bond Ordinance, be reasonable
and non-discriminatory and produce income and revenues sufficient to pay:
(a) all maintenance and operating expenses, depreciation,
replacement and betterment expenses and other costs as may be required
by law (including specifically Article 1113, V.A.T.C.S.);
(b) the interest on and principal of all Prior Lien Bonds, as and
when the same shall become due, and to maintain the Funds and Accounts
created and established for the payment and security of the Prior Lien
Bonds;
(c) to the extent the same are reasonably anticipated to be paid
with Pledged Revenues, the interest on and principal of the Bank Notes
and other amounts due the Bank under the Agreement, as and when the same
shall become due; and
(d) any legal debt or obligation of the System as and when the same
shall become due.
Section 4.03. Revenue Fund. Pursuant to Section 2.13 hereof, the City
hereby reaffirms its covenant to the holders of the Prior Lien Bonds, and
hereby covenants with respect to the Holder of the Bank Notes, that all Gross
Revenues shall be deposited as received in the "City of Fort Worth, Texas
Water and Sewer System Revenue Fund" (hereinafter referred to as "Revenue
Fund"), which shall be kept separate and apart from all other funds or the
City. Revenues received for the Revenue Fund shall be deposited from time to
time as received in such bank or banks as may be selected by the City in
accordance with applicable laws relating to the selection of City
depositories.
Minutes of City Council 0-3 Page 263
264
THURSDAY, MARCH 8, 1990
Ordinance No. Section 4.04. Priority of Deposits and Payments From Revenue Fund. The
10538 cont. City shall make the deposits and payments from the Net Revenues in the
Revenue Fund when and as required by the Prior Lien Bond Ordinance and such
deposits shall be made in the order and with the priorities set forth in the
Prior Lien Bond Ordinance. There is hereby created and there shall be
established and maintained a separate account within the "Interest and
Sinking Fund" created by the Prior Lien Bond Ordinance to be known as the
"Bank Note Account" for the sole benefit of the Bank Notes. After satisfying
the requirements of the Prior Lien Bond Ordinance with respect to payment of
principal, premium, if any, and interest on the Prior Lien Bonds and the
respective reserve fund requirements therefor, there shall be deposited by
the City to the Bank Note Account the amounts required by Section 2.12 hereof
for the payment of the Bank Notes.
Section 4.05. _Maintenance of Available Credit facilities Requirement.
The City agrees and covenants that at all times up to and including the
Maximum Maturity Date, unless the Project Notes are no longer outstanding it
will maintain credit facilities with banks in amounts such that, assuming
that all then outstanding Project Notes were to become due and payable
immediately, the amount available for borrowing under the credit facilities
would be sufficient at that time to pay principal and interest of all Project
Notes. No Project Note shall be issued which if, after giving effect to the
issuance thereof and, if applicable, the immediate application of the
proceeds thereof to retire other Project Notes secured by the credit
facility, the aggregate principal amount of all Project Notes secured by the
credit facility would exceed the amount of the credit commitment under the
credit facility. The availability for borrowing of such amounts under the
credit facilities may be subject to reasonable conditions precedent,
including but not limited to, bankruptcy of the City. In furtherance of the
foregoing covenant, the City agrees that it will not issue any Project Notes
or make any borrowings which will result in a violation of such covenant,
will not amend the Agreement in a manner which will cause a violation of such
covenant and, if and to the extent necessary to maintain compliance with such
covenant, will arrange for new credit facilities prior to, or
contemporaneously with, the expiration of the Agreement.
.Section 4.06. Bonds. The City hereby acknowledges that the Project
Notes are being issued as bond anticipation notes, and therefore the City in
good faith shall endeavor to sell a sufficient principal amount of the Bonds
in order to have funds available, together with other moneys available
therefor, to pay the Notes and the interest thereon, or any renewals thereof,
as the same shall become due and other amounts due under the
Agreement.
Section 4.07. Punctual Payment. The City will punctually pay or cause
to be paid the principa of and interest, if any, on the Notes (but only from
the sources pledged herein), in conformity with the Notes, this Ordinance and
the Agreement.
Section 4.08. Notes to Remain Tax Exempt. The City covenants to take
any action to assure, or refrain from any action which would adversely
affect, the treatment of the Project Notes as obligations described in
section 103 of the Code, the interest on which is not includable in the
"gross income" of the holder for purposes of federal income taxation. In
furtherance thereof, the City covenants as follows:
(a) to take any action to assure that no more than 10 percent of
the proceeds of the Project Notes (less amounts deposited to a reserve
fund, if any) are used for any "private business use", as defined in
section 141(b) (6) of the Code or, if more than 10 percent of the
proceeds are so used, that amounts, whether or not received by the City,
with respect to such private business use, do not, under the terms of
this Ordinance or any underlying arrangement, directly or indirectly,
secure or provide for the payment of more than 10 percent of the debt
service on the Project Notes, 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 Project Notes (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
Project
Notes (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;
Minutes of City Council 0-3 Page 264
265
THURSDAY, MARCH 8, 1990
Ordinance No. (d) to refrain from taking any action which would otherwise result
10538 cont. in the Project Notes 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
Project Notes 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
Project Notes, 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 Project Notes, other than
investment property acquired with --
(1) proceeds of the Project Notes 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 Project Notes;
(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 Project
Notes) 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
Project Notes 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;
(i) to maintain such records as will enable the City to fulfill its
responsibilities under this section and section 148 of the Code and to
retain such records for at least six years following the final payment
of principal and interest on the Project Notes; and
(j) to execute and deliver to the Issuing and paying Agent a
No -Arbitrage Certificate in the form prescribed by Bond Counsel in
connection with the first issuance of the Project Notes, and that in
connection with each subsequent issuance of Project Notes, to execute
and deliver to the Issuing and Paying Agent a confirmation that the
facts, estimates, circumstances and reasonable expectations contained
therein continue to be accurate as of such issue date.
The City represents and covenants that it will not expend, or it to be
expended, the proceeds of any Project Notes in any manner inconsistent with
its reasonable expectations as certified in the No -Arbitrage Certificates to
be executed from time to time with respect to the Project Notes ; provided,
however, that the City may expend Project Note proceeds in any manner if the
City first obtains an unqualified opinion of Bond Counsel that such
expenditure will not impair the exemption from federal income taxation of
interest paid on the Project Notes. The City represents that it has not been
notified of any listing or proposed listing by the Internal Revenue Service
to the effect that it is an issuer whose arbitrage certifications may not be
relied upon.
It is the understanding of the City that the covenants contained herein
are intended to assure compliance with the Code and any regulations or
rulings promulgated by the U.S. Department of the Treasury pursuant thereto.
In the event that regulations or rulings are hereafter promulgated which
modify, or expand provisions of the Code, as applicable to the Project Notes,
the City will not be required to comply with any covenant contained herein to
the extent that such modification or expansion, in the opinion of Bond
Counsel, will not adversely affect the exemption from federal income taxation
of interest on the Project Notes 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 Project Notes, the City agrees to
comply with the additional requirements to the extent necessary, in the
opinion of Bond Counsel, to preserve the exemption from federal income
taxation of interest on the Project Notes under section 103 of the Code.
Minutes of City Council 0-3 Page 265
(g) to
otherwise •restrict the use of the proceeds of the
Project
Notes or amounts treated as proceeds of
the Project Notes, as
may be
necessary,
so that the Project Notes
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 Project
Notes) 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
Project Notes 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;
(i) to maintain such records as will enable the City to fulfill its
responsibilities under this section and section 148 of the Code and to
retain such records for at least six years following the final payment
of principal and interest on the Project Notes; and
(j) to execute and deliver to the Issuing and paying Agent a
No -Arbitrage Certificate in the form prescribed by Bond Counsel in
connection with the first issuance of the Project Notes, and that in
connection with each subsequent issuance of Project Notes, to execute
and deliver to the Issuing and Paying Agent a confirmation that the
facts, estimates, circumstances and reasonable expectations contained
therein continue to be accurate as of such issue date.
The City represents and covenants that it will not expend, or it to be
expended, the proceeds of any Project Notes in any manner inconsistent with
its reasonable expectations as certified in the No -Arbitrage Certificates to
be executed from time to time with respect to the Project Notes ; provided,
however, that the City may expend Project Note proceeds in any manner if the
City first obtains an unqualified opinion of Bond Counsel that such
expenditure will not impair the exemption from federal income taxation of
interest paid on the Project Notes. The City represents that it has not been
notified of any listing or proposed listing by the Internal Revenue Service
to the effect that it is an issuer whose arbitrage certifications may not be
relied upon.
It is the understanding of the City that the covenants contained herein
are intended to assure compliance with the Code and any regulations or
rulings promulgated by the U.S. Department of the Treasury pursuant thereto.
In the event that regulations or rulings are hereafter promulgated which
modify, or expand provisions of the Code, as applicable to the Project Notes,
the City will not be required to comply with any covenant contained herein to
the extent that such modification or expansion, in the opinion of Bond
Counsel, will not adversely affect the exemption from federal income taxation
of interest on the Project Notes 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 Project Notes, the City agrees to
comply with the additional requirements to the extent necessary, in the
opinion of Bond Counsel, to preserve the exemption from federal income
taxation of interest on the Project Notes under section 103 of the Code.
Minutes of City Council 0-3 Page 265
rAm
THURSDAY, MARCH 8, 1990
Ordinance No. Section 4.09. Supplemental Ordinances. Other than as permitted herein
10538 cont. with respect to the issuance of additiona obligations of the City secured by
the Net Revenues of the System, the City will not adopt any supplemental
ordinances with respect to the Pledged Revenues of the System, pursuant to
the Prior Lien Bond Ordinance or otherwise, without the consent of the Bank.
Section 4.10. Opinion
of Bond Counsel.
The City shall cause the
legal
opinion of Bond Counsel as
to the validity
of the Notes
and as to the
exemption of interest on
the Notes from
federal income
taxation
to be
furnished to any Noteholder
without cost.
In addition,
a copy of
said
opinion may be printed on
each of the Project
Notes.
The City
shall
additionally assume the costs
of obtaining an
annual updated
opinion of
Bond
Counsel.
Section 4.11. Compliance With Prior Lien Bond Ordinance and Other
Documents. The City will comply wit the terms and provisions of the Prior
Lien Bond Ordinance and any other ordinance or contract to which the City is
a party, the non-compliance with which would materially adversely affect the
ability of the City to make payments on the Notes when due.
Section 4.12. Reservation of Right to Issue Prior Lien Bonds and
Obligations of Inferior Lien. In accordance with Section 4.09 ereof, the
City hereby expressly reserves the right to hereafter issue Prior Lien Bonds
in accordance with the provisions of the Prior Lien Bond Ordinance, payable
from and secured by a lien on and pledge of the Pledged Revenues of the
System prior in right and claim to the lien and pledge securing the payment
of the Bank Notes. In accordance with Section 4.09 hereof, the City also
retains the right to issue bonds, notes, or other evidences of indebtedness
or to incur contractual obligations secured by a lien on and pledge of the
Pledged Revenues of the System junior and subordinate to the lien and pledge
securing the Bank Notes, including, without limitation, indebtedness on a
parity with the Subordinate Lien Bonds."
ARTICLE V
EVENTS OR DEFAULT AND REMEDIES OF NOTEHOLDERS
Section 5.01. Events of Default. If one or more of the following
events shall occur, that is to say:
(a) if default shall be made in the due and punctual payment of any
installment of principal of any Project Note when and as the same shall
become due and payable, whether at maturity as therein expressed, by
declaration or otherwise;
(b) if the City shall fail to make due and punctual payment of any
installment of interest on any Project Note when and as such interest
installment shall become due and payable and such failure shall continue
for 5 Business Days;
(c) if the principal of any Bank Note (and interest accrued
thereon) shall become due and payable prior to the maturity
thereof under such Bank Note and the Agreement;
(d) if default shall be made by the City in the performance or
observance of any other of the covenants, agreements or conditions on
its part in this Ordinance or in the Project Notes contained, and such
default shall continue for a period of sixty (60) days after written
notice thereof; provided, however, if such default cannot be cured
within the sixty (60) day period but corrective action to core such
default is commenced and diligently pursued until the default is
corrected no such Event of Default shall be deemed to have occurred;
(e) if there shall occur the dissolution (without a successor being
named to assume the rights and obligations) or liquidation of the City
or the filing by the City of a voluntary petition in bankruptcy, or
adjudication of the City as a bankrupt, or assignment by the City for
the benefit of its creditors, or the entry by the City into an agreement
of composition with its creditors, or the approval by a court of
competent jurisdiction with its creditors, or the approval by a court of
competent jurisdiction of a petition applicable to the City in any
proceeding for its reorganization instituted under the provisions of the
Bankruptcy Code, as amended, or under any similar act in any
jurisdiction which may now be in effect or hereafter enacted; or
(f) if an order or decree shall be entered, with the consent or
acquiescence of the City, appointing a receiver or receivers of the
System, or any part thereof, or of the rents, fees, charges or other
revenues therefrom, or if such order or decree, having been entered
without the consent or acquiescence of the City shall not be vacated or
discharged or stayed within 90 days after the entry thereof;
then such event as described above shall constitute an "Event of Default"
under this Ordinance.
Minutes of City Council 0-3 Page 266
267
THURSDAY, MARCH 8, 1990
Ordinance No. Section 5.02. Suits at Law or in Equity and Mandamus. In case one or
10538 cont. more Events of Default shalT occur, then and in every such case the Holder of
any Note at the time outstanding shall be entitled to proceed to protect and
enforce such Holder's rights by such appropriate judicial proceeding as such
Holder shall deem most effectual to protect and enforce any such right,
either by suit in equity or by action at law, whether for the specific
performance of any covenant or agreement contained in this Ordinance, or in
aid of the exercise of any power granted in this Ordinance, or to enforce any
other legal or equitable right vested in the Holders of Notes by this
Ordinance or the Notes or by law. The provisions of this Ordinance shall be
a contract with each and every Holder or Notes and the duties of the City
shall be enforceable by any Noteholder by mandamus or other appropriate suit,
action or proceeding in any court of competent jurisdiction.
Section 5.03. Remedies Not Exclusive. No remedy herein conferred upon
or reserved to the Ho ders of Notes is intended to be exclusive of any other
remedy, and every such remedy shall be cumulative and shall be in addition to
every other remedy given hereunder or now or hereafter existing, at law or in
equity or by statute or otherwise, and may be exercised at any time or from
time to time, and as often as may be necessary, by the Holder of any one or
more of the Notes.
ARTICLE VI
MISCELLANEOUS
Section 6.01. Amendments or Modifications Without Consent of Holders of
Notes. This Ordinance and the rights and obligations of the City and of the
Hers of Notes may be modified or amended at any time by a supplemental
ordinance, without notice to or the consent of any Noteholders, but only to
the extent permitted by law, and, subject to the rights of the holders of the
Notes, only 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, or to surrender any right or power herein reserved to or
conferred upon the City;
(2) to cure any ambiguity or inconsistency, or to cure or correct
any defective provision contained in this Ordinance, upon receipt by the
City of an approving opinion of Bond Counsel selected by the City, that
the same is needed for such purpose, and will more clearly express the
intent of this Ordinance; or
(3) to supplement the security for the Notes, replace or provide
additional credit facilities, or change the form of the Notes or make
such other changes in the provisions hereof as the City may deem
necessary or desirable and which shall not materially adversely affect
the interests of the Holders of the Notes;
provided, however, that nothing herein contained shall permit or be construed
to permit the amendment of the terms and conditions of this Ordinance or of
the Project Notes so as to:
. (1) Make any change in the maturity of any of the outstanding
Project Notes;
(2) Reduce the rate of interest borne by any of the outstanding
Project Notes;
(3) Reduce the amount of the principal payable on any of the
outstanding Project Notes;
(4) Modify the terms of payment of principal of or interest on the
outstanding Project Notes, or impose any conditions with respect to such
payment; .
(5) Affect the rights of the Holders of less than all of the
outstanding Project Notes; or
(6) Reduce or restrict the pledge made pursuant to Section 2.12
hereof for payment of the Project Notes;
and provided, further, that no change, modification or amendment shall be
made in this Ordinance or become valid and effective without the approval of
such charge, modification or amendment by the Attorney General of the State
of Texas, to the extent required by the Act and without the consent of the
Bank.
Section 6.02. Additional Actions. The Mayor, the City Manager, the
City Secretary, the Authorized Representatives and the other officers of the
City are hereby authorized and directed, jointly and severally, to do any and
all things and to execute and deliver any and all documents which they may
Minutes of City Council 0-3 Page 267
THURSDAY MARCH 8 1990
Ordinance No. deem necessary or advisable in order to consummate the issuance, sale and
10538 cont. delivery of the Notes and otherwise to effectuate the purposes of this
Ordinance, the Agreement, the Dealer Agreement and the Issuing and Paying
Agent Agreement. Specifically, by the adoption of this Ordinance, the City
Council hereby authorizes the payment of the fees and expenses incurred and
to be paid by the City in connection with the issuance, sale and delivery of
the Notes and the execution and delivery of the Agreement, the Dealer
agreement and the Issuing and Paying Agent Agreement.
Section 6.03. Ordinance to Constitute a Contract; Equal Security. In
consideration of the acceptance of the Notes, the issuance of which is
authorized hereunder, by those who shall hold the same from time to time,
this Ordinance shall be deemed to be and shall constitute a contract between
the City and the Holders from time to time of the Notes and the pledge made
in this Ordinance by the City and the covenants and agreements set forth in
this Ordinance to be performed by the City shall be for the equal and
proportionate benefit, security and protection of all Holders of the Notes,
without preference, priority or distinction as to security or otherwise of
any of the Notes authorized hereunder over any of the others by reason of
time of issuance, sale or maturity thereof or otherwise for any cause
whatsoever, except as eNpressly provided in or permitted by this Ordinance
or, with respect to the Bank Notes, the Agreement.
Section 6.04. Severability of Invalid Provisions. If any one or more
of the covenants, agreements or provisions herein contained shall be held
contrary to any express provisions of law or contrary to the policy of
express law, though not expressly prohibited, or against public policy, or
shall for any reason whatsoever be held invalid, then such covenants,
agreements or provisions shall be null and void and shall be deemed separable
from the remaining covenants, agreements or provisions and shall in no way
affect the validity or any of the other provisions hereof or of the Notes
issued hereunder.
Section 6.05. Payment and Performance on Business Days. Whenever under
the terms of this Ordinance or the Project Notes, the performance date of any
provision hereof or thereof, including the payment of principal of or
interest on the Project Notes, shall occur on a day other than a business
Day, then the performance thereof, including the payment of principal of and
interest on the Project Notes, need not be made on such day but may be
performed or paid, as the case may be, on the next succeeding Business Day
with the same force and effect as if made on the date of performance of
payment.
Section 6.06. Defeasance. If, when all or any portion of the Project
Notes shall have become due and payable in accordance with their terms or
otherwise as provided in this Ordinance, the entire principal and interest so
due and payable upon said Project Notes shall be paid, or if at or prior to
the date said project Notes have become due and payable, sufficient moneys or
direct obligations of, or obligations guaranteed by, the United States of
America the principal of and interest on which will provide sufficient moneys
for such payment, shall be held in trust by the Issuing and Paying Agent and
provision shall also be made for paying all other sums payable hereunder by
the City with respect to said Project Notes, the pledge herein created with
respect to said Project Notes shall thereupon cease, terminate and become
discharged and said Project Notes shall no longer be deemed outstanding for
purposes of this Ordinance and all the provisions of this Ordinance relating
to the Project Notes, including all covenants, agreements, liens and pledges
made herein for the benefit thereof, shall be deemed duly discharged,
satisfied and released.
Section 6.07. Limitation of Benefits with Respect to the Ordinance.
With the exception of the rights or benefits herein expressly conferred,
nothing expressed or contained herein or implied from the provisions of this
Ordinance or the Notes is intended or should be construed to confer upon or
give to any person other than the City, the Holders of the Notes, the Issuing
and Paying Agent/Registrar and the parties to the Dealer Agreement and the
Agreement, any legal or equitable right, remedy or claim under or by reason
of or in respect to this Ordinance or any covenant, condition, stipulation,
promise, agreement or provision herein contained. This Ordinance and all of
the covenants, conditions, stipulations, promises, agreements and provisions
hereof are intended to be and shall be for and inure to the sole and
exclusive benefit of the City, the Holders of the Notes, the Issuing and
Paying Agent/Registrar and the parties to the Dealer Agreement and the
Agreement as herein and therein provided.
Section 6.08. Use of Offering Memorandum. The use by the Dealer of the
Offering Memorandum, substantially in the form attached hereto as Exhibit D,
prepared by the Dealer in connection with the sale of Commercial Paper Notes,
is hereby approved.
Section 6.09. Approval of Attorney General. No Notes herein authorized
to be issued shall be sold or delivered by an Authorized Representative until
the Attorney General of the State of Texas shall have approved this
Minutes of City Council 0-3 Page 268
269
THURSDAY, MARCH 8, 1990
Ordinance No. Ordinance, the Agreement and other agreements and proceedings as may be
10538 cont. required in connection therewith, all as is required by the Act.
Section 6.10. Preamble. The preamble to this Ordinance shall be
considered an integral part of this Ordinance, and is herein incorporated as
part of the body of this Ordinance for all purposes.
Section 6.11. Immediate Effect. This Ordinance shall be effective
immediately from and after its passage in accordance with the provisions of
Section 2 of Chapter 25 of the City Charter, and it is accordingly so
ordained.
M&C i ty
Liabi OCS-91 from the Office of
Liability Bonds There was presented Mayor and Council Communication No.
the City Secretary recommending that the City Council authorize the acceptance or
cancellation of liability bonds, as follows:
CONTRACTOR'S BONDS INSURANCE COMPANY
Johnson Bros. Corporation Seaboard Surety Company
Davis & Hawkins, Inc. Employers Mutual Casualty Co.
Kirby Concrete Company Universal Surety Company
L&S Construction, Inc. Universal Surety of America
CEMENT BOND
Ignacio Vazquez dba Vazquez Concrete Lawyers Surety Corporation
CANCELLATIONS•
CEMENT BOND CANCELLATION DATE INSURANCE COMPANY
Mark Lane 2/23/90 General Insurance Serv.
#WS -40738535
STREET & STORM DRAIN
ABC Utilities Services, Inc. 2/28/90 Gulf Insurance Company
#57-62-38
Council Member Granger advised the City Council of a conflict of interest with
Mayor and Council Communication No. OCS-91, Liability Bond Approval or Cancellation
inasmuch as she represents Gulf Insurance and Employers Mutual Casualty Company.
M&C OCS-92 Claims
Rosalea Garrett
Rebecca Jane Borto
Metal Services,
Inc. (James Erwin)
Loretta Johnson
It was the consensus of the City Council that the recommendation, as contained in
Mayor and Council Communication No. OCS-91, be adopted, with Council Member Granger not
participating in the consensus vote.
There was presented Mayor and Council Communication No. OCS-92 from the Office of
the City Secretary recommending that notices of claims for alleged damages and/or
injuries be referred to the Risk Management Department, as follows:
1. Claimant: Rosalea Garrett
Date Received:' February 27, 1990
Date of Incident: Since 1982
Location of Incident: 2724 S. Adams St.
E t' it f D /
s ma e o amages
Injuries: $35,000.00 - $40,000.00
Nature of Incident: Claimant alleges damages to her property
caused by the City when it rebuilt South
Adams Street.
2. Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident: -
3. Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
4. Claimant:
Date Received:
Date of Incident:
Location of Incident:
Rebecca Jane Borton
February 26, 1990
February 9, 1990
Throckmorton St. in front of Tandy Center
Undeclared
Claimant alleges damages and injuries as the
result of a fall.
Metal Services, Inc. (James Erwin)
February 26, 1990
January 30, 1990
East Bound I-30 and Beach St.
$409.55 - $409.65
Claimant alleges damages to vehicle as the
result of some tar or oil spilling from a
City -owned vehicle.
Loretta Johnson
February 22, 1990
January 19, 1990
Hopkins and West Vickery
Minutes of City Council 0-3 Page 269
270
THURSDAY, MARCH 8, 1990
Loretta Johnson
Estimate of Damages/
claim cont.
Injuries:
Undeclared
Nature of Incident:
Claimant alleges damages and injuries as the
Location of Incident: Intersection of 2000 Francis Avenue & 2000 NW
result of a fall due to road conditions.
Paul Vess
5. Claimant:
Paul Vess
Injuries: Undeclared
Date Received:
February 23, 1990
Date of Incident:
Undeclared
employee.
Location of Incident:
7105 Misty Meadow Drive
Estimate of Damages/
M&C
Correspondence
There was presented Mayor and Council Communication No. OCS-93 from the Office of
Injuries:
$543.31
Thomas Kimball 1
Nature of Incident:
Claimant alleges damages to his property as
concerns for the moratorium of carports be referred to the Office of the City Manager.
.L.
McCormick, Luther
the result of a sewer line damaged by the
W. Ellis, Tim Pe-
trus, and Don C.
It appearing to the City Council that the City Council on February 13, 1990, set
City street department.
Brown/Hopkins
( Nancy Brown
6. Claimant:
Brown/Hopkins (Nancy Brown Hopkins)
Hopkins)
Date Received:
-
February 23, 1990
1990, Mayor Bolen asked if there was anyone present desiring to be heard.
Date of Incident:
Undeclared
BH -0001,
Location of Incident:
3333 Alta Mere
Mayor and Council Communication No. BH -0001, as follows:
Estimate of Damages/
SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF RIPY STREET FROM ALICE
Injuries:
$170.00
RECOMMENDATION:
Nature of Incident:
Claimant alleges damages to her property as
benefit hearing and levying assessments as proposed, acknowledging that in
the result of a sewer backup.
Jose G. Serrato 7. Claimant: Jose G. Serrato
Date Received: February 23, 1990
Date of Incident: Undeclared
Location of Incident: Trinity Indust. at 28th and I-35
Estimate of Damages/
Injuries: $450.00 - 470.00
Nature of Incident: Claimant alleges damages to his automobile as
the result of an accident involving a
City -owned vehicle (truck).
Larry Lassiter
8. Claimant: Larry Lassiter
Date Received: February 22, 1990
Date of Incident: January 6, 1990
Attorney: James Stanley
Location of Incident: Intersection of 2000 Francis Avenue & 2000 NW
20th
Estimate of Damages/
Injuries: Undeclared
Nature of Incident:' Claimant alleges damages and injuries as the
result of an accident involving a City
employee.
M&C OCS-92 adopted
It was the consensus of the City Council that the recommendation be adopted.
M&C
Correspondence
There was presented Mayor and Council Communication No. OCS-93 from the Office of
from Mary Jo
the City Secretary recommending that correspondence from Mary Jo Thomas Kimball, The
Thomas Kimball 1
Reverend B.L. McCormick, Luther W. Ellis, Tim Petrus, and Don C. Plattsmier regarding
The Reverend B ,
concerns for the moratorium of carports be referred to the Office of the City Manager.
.L.
McCormick, Luther
It was the consensus of the City Council that the recommendation be adopted.
W. Ellis, Tim Pe-
trus, and Don C.
It appearing to the City Council that the City Council on February 13, 1990, set
Plattsmier re
today as the date for the benefit hearing in connection with the assessment paving of
Ripy Street from Alice Street to Cole Street and that notice of the hearing has been
moratorium of car-
ports
given by publication in the Fort Worth Commercial Recorder on February 15, 16, and 19,
Benefit Hearing
1990, Mayor Bolen asked if there was anyone present desiring to be heard.
BH -0001
Mrs. Martha Lunday
Mrs. Martha Lunday, representing the Department of Transportation and Public
BH -0001,
Works, appeared before the City Council and called attention of the City Council to
re
Mayor and Council Communication No. BH -0001, as follows:
SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF RIPY STREET FROM ALICE
STREET TO COLE STREET, PROJECT NO. 67-040167-00
RECOMMENDATION:
It is recommended that the City Council adopt an ordinance closing the
benefit hearing and levying assessments as proposed, acknowledging that in
each case the abutting property is specially benefited in enhanced value in
excess of the amount assessed for the improvement of Ripy Street from Alice
Street to Cole Street.
DISCUSSION:
The 1986 Capital Improvement Program approved in March, 1986 included funds
for the reconstruction of Ripy Street from Alice Street to Cole Street. This
street is located in the Worth Heights Target Area, and Community Development
Block Grant funds will finance 15 percent of the construction cost.
Minutes of City Council 0-3 Page 270
271
THURSDAY, MARCH 8, 1990
enefit hearing On February 13, 1990 (M&C G-8465), the City Council established March 8,
H-0001 1990, as the date of the benefit hearing. Notices have been given in
accordance with Article 1105b, Vernon s Annotated Civil Statutes.
The project is located in Council District 8.
PROPOSED IMPROVEMENTS:
It is proposed to improve this segment of Ripy Street by constructing a six
and seven-inch thick reinforced concrete pavement with a seven-inch high
attached concrete curb over a six-inch lime stabilized subgrade so that the
finished roadway will be thirty to forty feet wide on a variable width
right -of -way. Six-inch thick concrete driveway approaches will be
constructed where specified on the plans.
ACCFCCMFNTC-
This street has previously been constructed to City standards and is located
in a CDBG Target Area; therefore, in accordance with the Assessment Paving
Policy, properties zoned and used for one- and two-family residences are not
being assessed.
An independent appraiser has advised the staff as to the amount of
enhancement to property values that will result from the proposed
improvements. Based on standard City policy, the City Engineer's estimate
and the advice of the independent appraiser, the cost of the construction has-
been computed at $55,763.40 (10%) for the property owners and $495,057.20
(90%) for the City of Fort Worth at large.
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.
Mrs. Lunday re Mrs. Lunday advised the City Council that the report of Mr. Robert Martin regarding
BH -0001 enhancements to property adjacent to Ripy Street from Alice Drive to Cole Street has
been presented to the City Council. Mrs. Lunday also advised the City Council that the
Department of Transportation and Public Works is deleting the property owned by the
Fort Worth Independent School District on Page 1 of the Assessment Roll inasmuch as the
City of Fort Worth has entered into a Community Facilities Agreement which will include
this assessment.
Mr. Billy Bunch Mr. Billy Bunch, 1654 Kemble Court, representing the Fort Worth Gem and Mineral
re BH -0001 Club, appeared before the City Council and requested that the assessments proposed to
be levied against Lot 11, Block 6, Worth Hills Addition, be eliminated or reduced.
Introduced an
ordinance
Ordinance No.
10539
There being no one else present desiring to be heard, Council Member Chappell made
a motion, seconded by Council Member Garrison, that the hearing be closed and that the
assessments be levied as recommended with the exception that the assessments for Lot 1,
Block 13, and Lot 11, Block 9, Worth Heights Addition, be set at $2,000.00 each; the
assessments for Lot 2, Block 90, and Lot 5, Block 19, Brentmoor Addition, be set at
$1,400.00 each; that the assessment for Lot 10, Block 14, Brentmoor Addition, be set at
$0.00; and the assessment for Lot 11, Block 6, Worth Heights Addition, be set at
$2,500.00. When the motion was put to a vote by the Mayor, it prevailed unanimously.
Council. Member Chappell introduced an ordinance and made a motion that it be
adopted. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying
with it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, Webber, and Chappell
NOES: None
ABSENT: p Council Member McCray
The ordinance, as adopted, is as follows:
ORDINANCE NO. 10539
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE
COST OF IMPROVING A PORTION OF RIPY STREET, FROM ALICE STREET TO
COLE STREET AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND
PUBLIC LACES 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.
Minutes of City Council 0-3 Page 271
272
THURSDAY, MARCH 8, 1990
Benefit hearing It appearing to the City Council that the City Council on February 13, 1990, set
BH -0002 today as the date for the benefit hearing in connection with the assessment paving of
Biddison Street from Hemphill Street to Interstate 35W and that notice of the hearing
has been given by publication in the Fort Worth Commercial Recorder, the official
newspaper of the City of Fort Worth, Texas, on February 15,166, and 19, 1990, Mayor
Bolen asked if there was anyone present desiring to be heard.
Mrs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public
re BH -0002 Works, appeared before the City Council and called attention of the City Council to
Mayor and Council Communication No. BH -0002, as follows: _
SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF BIDDISON STREET FROM
HEMPHILL STREET TO INTERSTATE 35W, PROJECT NO. 67-040167-00
RECOMMENDATION:
It is recommended that the City Council adopt an ordinance closing the
benefit hearing and levying assessments as proposed, acknowledging that in
each case the abutting property is specially benefited in enhanced value in
excess of the amount assessed for the improvement of Biddison Street from
Hemphill Street to Interstate 35W.
T)TSCUSSION!
The 1986 Capital Improvement Program approved in March 1986, included funds
for the improvement of Biddison Street from Hemphill Street to Interstate
35W. This street is located in the Worth Heights Target Area, and Community
Development Block Grant funds will finance 15 percent of the construction
cost.
On February 13, 1990 (M&C G-8466), the City Council established March 8,
1990, as the date of the benefit hearing. Notices have been given in
accordance with Article 1105b, Vernon's Annotated Civil Statutes.
The project is located in Council District 9.
PROPOSED IMPROVEMENTS:
It is proposed to improve this segment of Biddison Street by constructing a
seven-inch thick reinforced concrete pavement with a seven-inch high attached
concrete curb over a six-inch lime stabilized subgrade so that the finished
roadway will vary from forty to forty four feet wide on a variable
right-of-way. Six-inch thick concrete driveway approaches will be
constructed where specified on the plans.
ASSESSMENTS:
This street has previously been constructed to City standards and is located
in a CDBG Target Area; therefore, in accordance with the Assessment Paving
Policy, properties zoned and used for one- and two-family residences are not
being assessed.
An independent appraiser has advised the staff as to the amount of
enhancement to property values that will result from the proposed
improvements. Based on standard City policy, the City Engineer's estimate
and the advice of the independent appraiser, the cost of the construction has
been computed at $136,562.23 (19%) for the property owners and $570,689.37
(81%) for the City of Fort Worth at large.
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.
Mrs. Martha Lunday Mrs. Martha Lunday advised the City Council that the report of Mr. Robert Martin
re BH -0002 regarding enhancements to property adjacent to Biddison Street from Hemphill Street to
Interstate 35W has been presented to the City Council.
There being no one else present desiring to be heard in connection with the
assessment paving of Biddison Street from Hemphill to I -35W, Council Member Chappell
made a motion, seconded by Mayor Pro tempore Gilley, that the hearing be closed and
that the assessments be levied as recommended with the exception that the assessment
against Lot 13, Block 62, Ryan and Pruitt Addition, be set at $2,000.00; that the
assessments against Lot 13, Block 58, Ryan and Pruitt Addition, and Lot 22, Block 5,
and Lot 1, Block 6, Worth Heights Addition, each be set at $0.00 because information
provided by staff is that these properties are being occupied as Single Family
Residences. When the motion was put to a vote by the Mayor, it prevailed unanimously.
Introduced an Council Member Chappell introduced an ordinance and made a motion that it be
ordinance adopted. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying
with it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, Webber, and Chappell
Minutes of City Council 0-3 Page 272
273
-THURSDAY, MARCH 8, 1990
NOES: None
ABSENT: Council Member McCray
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10540
10540 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE
COST OF IMPROVING A PORTION OF BIDDISON STREET, FROM HEMPHILL
STREET TO INTERSTATE 35W AND PORTIONS OF SUNDRY OTHER STREETS,
TVTMENUES 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.
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE ALLIANCE
AIRPORT FUND 49, PROJECT NO. 136117-00, SH 170 ROW ACQUISITION, OF
THE CITY OF FORT WORTH FOR FISCAL YEAR 1989-90 BY $257,137 AND
APPROPRIATING SAID AMOUNT TO THE ALLIANCE AIRPORT FUND 49, PROJECT
NO. 136117-00, SH 170 ROW ACQUISITION, FOR THE PURPOSE OF ACQUIRING
RIGHT-OF-WAY FOR STATE HIGHWAY 170; PROVIDING FOR A SEVERABILITY
CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND
REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 5.
This ordinance shall take effect and be in full force and effect from
and after the date of its passage, and it is so.ordained.
M&C G-8492 re There was presented Mayor and Council Communication No. G-8492 from the City
appointment of MrA Manager recommending that the City Council confirm his appointment of Mr. Roland K.
Roland K. Johnson i Johnson as a member of the Firefighters and Police Officers Civil Service Commission
for a three-year term. On motion of Council Member Garrison, seconded by Council
Member Webber, the recommendation was adopted.
M&C G-8493 re
improvements to There was presented Mayor and Council Communication No. G-8493 from the City
Galvez Avenue Manager stating that the 1986 Capital Improvement Program approved in March 1986
included funds for the improvement of Galvez Avenue from Sylvania Avenue to Judkins
Street; that, in accordance with the Assessment Paving Policy, properties zoned and
used for one- and two-family residences are not being assessed; that the project is
Minutes of City Council 0-3 Page 273
M&C G-8491 re
payment from Hill -
There was presented Mayor and Council Communication No. G-8491 from the City
wood Development
Manager stating that, to facilitate access to Alliance Airport, the City has agreed to
Corporation
acquire or condemn right-of-way for State Highway 170 and thereafter donate the
right-of-way to the State of Texas in accordance with the Highway Department policies
and applicable laws; that Hillwood Development Corporation, through an affiliate,
Dedication Corporation, has agreed to reimburse the City for costs connected with this
activity; that a check for the estimated cost of $257,137.00 has been received by the
City from Hillwood Development Corporation; that, in order to make these funds
available for spending in accordance with the agreement, it is necessary to adopt an
appropriations ordinance; and recommending that the City Council accept a payment from
Hillwood Development Corporation in the amount of $257,137.00 for the purpose of
acquiring right-of-way for State Highway 170, and that an appropriations ordinance be
adopted increasing estimated receipts and appropriations in Alliance Airport Fund 49,
Project No. 136117-00, State Highway 170 Right -of -Way Acquisition. It was the
consensus of the City Council that the recommendations be adopted.
Introduced an
Ordinance
Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
adopted. The motion was seconded by Council Member Zapata.. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, Webber, and Chappell
NOES: None
ABSENT: Council Member McCray
The ordinance, as adopted, is as follows:
Ordinance No.
110541
ORDINANCE NO. 10541
1
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE ALLIANCE
AIRPORT FUND 49, PROJECT NO. 136117-00, SH 170 ROW ACQUISITION, OF
THE CITY OF FORT WORTH FOR FISCAL YEAR 1989-90 BY $257,137 AND
APPROPRIATING SAID AMOUNT TO THE ALLIANCE AIRPORT FUND 49, PROJECT
NO. 136117-00, SH 170 ROW ACQUISITION, FOR THE PURPOSE OF ACQUIRING
RIGHT-OF-WAY FOR STATE HIGHWAY 170; PROVIDING FOR A SEVERABILITY
CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND
REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 5.
This ordinance shall take effect and be in full force and effect from
and after the date of its passage, and it is so.ordained.
M&C G-8492 re There was presented Mayor and Council Communication No. G-8492 from the City
appointment of MrA Manager recommending that the City Council confirm his appointment of Mr. Roland K.
Roland K. Johnson i Johnson as a member of the Firefighters and Police Officers Civil Service Commission
for a three-year term. On motion of Council Member Garrison, seconded by Council
Member Webber, the recommendation was adopted.
M&C G-8493 re
improvements to There was presented Mayor and Council Communication No. G-8493 from the City
Galvez Avenue Manager stating that the 1986 Capital Improvement Program approved in March 1986
included funds for the improvement of Galvez Avenue from Sylvania Avenue to Judkins
Street; that, in accordance with the Assessment Paving Policy, properties zoned and
used for one- and two-family residences are not being assessed; that the project is
Minutes of City Council 0-3 Page 273
2'74
THURSDAY, MARCH 8, 1990
M&C G-8493 cont, located in Council District 8; that the proposed total estimated cost is $163,093.70;
that financing for the project will be established at the time of the contract award;
and recommending that the City Council:
1. Declare the necessity for and order the improvements to Galvez Avenue
from Sylvania Avenue to Judkins Street;
2. Authorize the assessment of a portion of the cost of the improvements to
Galvez Avenue against the owners of the abutting property;
3. Approve the estimate of costs and amounts to be assessed as stated in
the Engineer's Estimate;
4. Establish April 3, 1990, as the date of the benefit hearing; and
5. Authorize the preparation of assessment rolls and notification of
property owners in accordance with the provisions of Article 1105b of
Vernon's Annotated Civil Statutes.
M&C G-8493 adopte On motion of Mayor Pro tempore Gilley, seconded by Council Member Webber, the
recommendations were adopted.
M&C G-8494 re There was presented Mayor and Council Communication No. G-8494 from the City
improvements to Manager stating that the 1986 Capital Improvement Program approved in March 1986
May Street included funds for the improvement of May Street from Felix Street to Kellis Road; that
the project is located in Council District 8; that the proposed total estimated cost of
the project is $231,434.28; that financing for construction cost will be established at
the time of the contract award; and recommending that the City Council:
1. Declare the necessity for and order the improvements to May Street from
Felix Street to Kellis Road;
2. Authorize the assessment of a portion of the cost of the improvements to
May Street against the owners of the abutting property;
3. Approve the estimate of costs and amounts to be assessed as stated in
the Engineer's Estimate;
4. Establish April 3, 1990, as the date of the benefit hearing; and
5. Authorize the preparation of assessment rolls and notification of
property owners in accordance with the provisions of Article 1105b of
Vernon's Annotated Civil Statutes.
5. Authorize the preparation of assessment rolls and notification of
property owners in accordance with the provisions of Article 1105b of
Vernon's Annotated Civil Statutes.
On motion of Mayor Pro tempore Gilley, seconded by Council Member Granger, the
M&C G-8495 adopted recommendations were adopted.
M&C G-8496 re There was presented Mayor and Council Communication No. G-8496 from the City
improvements to Manager stating that the 1986 Capital Improvement Program approved in March 1986
Sheridan Road Nort included funds for the improvement of Sheridan Road North from Parkway Drive to
dead -in; that the project is located in Council District 6; that the total estimated
cost of the project is $37,446.20; that financing for the project will be established
at the time of the contract award; and recommending that the City Council:
1. Declare the necessity for and order the improvements to Sheridan Road
North from Parkway Drive to Dead End;
Minutes of City Council 0-3 Page 274
On motion of Mayor Pro tempore Gilley, seconded by Council Member Webber, the
M&C Gm8494 adopted
recommendations were adopted.
M&C G-8495 re
There was presented Mayor and Council Communication No. G-8495 from the City
improvements to
Manager stating that the 1986 Capital Improvement Program approved in March 1986
Ellis Road
included funds for the improvement of Ellis Road from Handley Drive to Muse Street;
that the existing paving is HMAC with concrete curb and gutter and concrete driveway
approaches; that the street was constructed to City standards (except for curb and
gutter adjacent to Lots 1 and 2 in Meadowbrook Estates Addition) in 1960; that the
project is located in Council District 4; that the proposed total estimated cost of the
project is $524,822.10; that financing for construction cost will be established at the
time of contract award; and recommending that the City Council:
1. Declare the necessity for and order the improvements to Ellis Road from
Handley Drive to Muse Street;
2. Authorize the assessment of a portion of the cost of the improvements to
Ellis Road against the owners of the abutting property;
3. Approve the estimate of costs and amounts to be assessed as stated in
the Engineer's Estimate;
4. Establish April 3, 1990, as the date of the benefit hearing; and
5. Authorize the preparation of assessment rolls and notification of
property owners in accordance with the provisions of Article 1105b of
Vernon's Annotated Civil Statutes.
On motion of Mayor Pro tempore Gilley, seconded by Council Member Granger, the
M&C G-8495 adopted recommendations were adopted.
M&C G-8496 re There was presented Mayor and Council Communication No. G-8496 from the City
improvements to Manager stating that the 1986 Capital Improvement Program approved in March 1986
Sheridan Road Nort included funds for the improvement of Sheridan Road North from Parkway Drive to
dead -in; that the project is located in Council District 6; that the total estimated
cost of the project is $37,446.20; that financing for the project will be established
at the time of the contract award; and recommending that the City Council:
1. Declare the necessity for and order the improvements to Sheridan Road
North from Parkway Drive to Dead End;
Minutes of City Council 0-3 Page 274
2'75
THURSDAY, MARCH 8, 1990
M&C G-8496 cont.
2.
Authorize the assessment of a portion of the
cost
of the improvements
to
Old Hemphill Road against the owners of the abutting property;
Sheridan Road North against the owners of the
abutting
property;
the Engineer's Estimate;
3.
Approve the estimate of costs and amounts
to be
assessed as stated
in
Vernon's Annotated Civil Statutes.
the Engineer's Estimate;
On motion of Mayor Pro tempore Gilley, seconded by Council Member Granger, the
recommendations were adopted.
M&C G-8498 re
4.
Establish April 3, 1990, as the date of the benefit
hearing; and
24 MGD Expansion,
authorized by the City Council on December 12, 1989, by Mayor and Council Communication
5.
Authorize the preparation of assessment
rolls
and notification
of
coordinating shutdowns and tie-ins with plant operations, negotiating change orders,
property owners in accordance with the provisions
of Article 1105b
of
$56,700.00 from State Revolving Fund 42, Project No. 016901-00, Unspecified, to State
Vernon's Annotated Civil Statutes.
Management Coordination. It was the consensus of the City Council that the
M&C G-8496 adopted On motion of Mayor Pro tempore Gilley, seconded by Council Member Chappell, the
recommendations were adopted.
M&C G-8497 re There was presented Mayor and Council Communication No. G-8497 from the City
improvements to Manager stating that the 1986 Capital Improvement Program approved in March 1986
Old Hemphill Road included funds for the improvement of Old Hemphill Road (also known as Valera Road)
from Altamesa Boulevard (formerly Highland) to Stratton Road; that the project is
located in Council District 6; that the total estimated cost of the project is
$105,224.90; that financing for this project will be established at the time of the
contract award; and recommending that the City Council:
Council Member Garrison advised the City Council that he owns property on Spurgeon
Street and will not vote on Mayor and Council Communication No. G-8499.
Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that
the recommendation, as contained in Mayor and Council Communication No. G-8499, be
adopted. When the motion was put to a vote by the Mayor, it prevailed by the following
vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Granger, Webber, and Chappell
NOES: None
ABSENT: Council Member McCray
NOT VOTING: Council Member Garrison
M&C G-8500 re There was presented Mayor and Council Communication No. G-8500 from the City
Toys for'Tots Manager stating that the City of Fort Worth and the U.S. Marine Corps Reserve have
Contributions co-sponsored the Toys for Tots Program for several years; that the program is designed
to give toys to needy families with children 12 years old and under who would not
otherwise receive or have toys on Christmas Day; and recommending that the City
Council:
Minutes of City Council 0-3 Page 275
1. Declare the necessity for and order the improvements to Old Hemphill
Road from Altamesa Boulevard to Stratton Road;
2. Authorize the assessment of a portion of the cost of the improvements to
Old Hemphill Road against the owners of the abutting property;
3. Approve the estimate of costs and amounts to be assessed as stated in
the Engineer's Estimate;
4. Establish April 3, 1990, as the date of the benefit hearing; and
5. Authorize the preparation of assessment rolls and notification of
property owners in accordance with the provisions of Article 1105b of
Vernon's Annotated Civil Statutes.
M&C G-8497 adopted
On motion of Mayor Pro tempore Gilley, seconded by Council Member Granger, the
recommendations were adopted.
M&C G-8498 re
There was presented Mayor and Council Communication No. G-8498 from the City
fund transfer
Manager stating that an engineering agreement with Freese and Nichols, Inc., was
24 MGD Expansion,
authorized by the City Council on December 12, 1989, by Mayor and Council Communication
Phase IIB Con-
No. C-12047; that, during construction, the Engineering Division of the Water
struction Manage-
Department will represent the City in weekly meetings, monitoring the inspection team,
ment Coordination
coordinating shutdowns and tie-ins with plant operations, negotiating change orders,
reviewing pay estimates, and resolving scheduling and specification questions; and
recommending that the City Council authorize a fund transfer in the amount of
$56,700.00 from State Revolving Fund 42, Project No. 016901-00, Unspecified, to State
Revolving Fund 42, Project No. 022001-00, 24 MGD Expansion, Phase IIB Construction
Management Coordination. It was the consensus of the City Council that the
recommendation be adopted.
M&C G-8499 re
There was presented Mayor and Council Communication No. G-8499 from the City
water main re-
Manager recommending that a work authorization be authorized in accordance with AR3-3
placement
for the water main replacement in Spurgeon Street from Ryan Avenue to Sixth Avenue, for
a total estimated project cost of $47,956.33; and stating that funds are available in
Water and Sewer Operating Fund 45, Account No. 60-70-04, Index Code 377390.
Council Member Garrison advised the City Council that he owns property on Spurgeon
Street and will not vote on Mayor and Council Communication No. G-8499.
Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that
the recommendation, as contained in Mayor and Council Communication No. G-8499, be
adopted. When the motion was put to a vote by the Mayor, it prevailed by the following
vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Granger, Webber, and Chappell
NOES: None
ABSENT: Council Member McCray
NOT VOTING: Council Member Garrison
M&C G-8500 re There was presented Mayor and Council Communication No. G-8500 from the City
Toys for'Tots Manager stating that the City of Fort Worth and the U.S. Marine Corps Reserve have
Contributions co-sponsored the Toys for Tots Program for several years; that the program is designed
to give toys to needy families with children 12 years old and under who would not
otherwise receive or have toys on Christmas Day; and recommending that the City
Council:
Minutes of City Council 0-3 Page 275
276
THURSDAY, MARCH 8, 1990
M&C G-8500 cont. 1. Accept and record in the Special Trust Fund 72, Project No. 515400-00,
Toys for Tots Contributions, donations from the General Services
Administration, Inc. Employees Association ($50.00), Federal Executive
Board Christmas Toy Drive ($519.31), Robert Wayne Kimball ($5.00),
Ronald L. and Mary M. Mullins ($5.00) and any additional donations which
may be received;
2. Adopt the attached appropriation ordinance increasing estimated receipts
and appropriations by $579.31, plus any additional donations which may
be received, in the Special Trust Fund 72, Project No. 515400-00, Toys
for Tots Contributions from increased revenues; and
3. Authorize the expenditure of the above $579.31, and any future
donations, in Special Trust Fund 72, Project No. 515400-00, Toys For
Tots Contributions.
M&C G-8500 adop to It was the consensus of the City Council that the recommendations be adopted.
Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
Ordinance adopted. The motion was seconded by Council - Member Zapata. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Webber, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10542
10542
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE SPECIAL TRUST
FUND 72, PROJECT NO. 515400-00, TOYS FOR TOTS CONTRIBUTIONS, OF THE
CITY OF FORT WORTH FOR THE FISCAL YEAR 1989-90 BY THE SUM OF
$579.31 AND APPROPRIATING SAID $579.31 TO THE SPECIAL TRUST
FUND 72, PROJECT NO. 515400-00, TOYS FOR TOTS CONTRIBUTIONS, FOR
THE PURPOSE OF PURCHASING TOYS FOR NEEDY FAMILIES WITH CHILDREN
TWELVE YEARS OLD AND UNDER; PROVIDING FOR A SEVERABILITY CLAUSE;
MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING
ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 5.
This ordinance shall take effect and be in full force and effect from
and after the date of its passage, and it is so ordained.
M&C P-4077 re There was presented Mayor and Council Communication No. P-4077 from the City
purchase of 3/4 Manager submitting a tabulation of bids received for the purchase of 3/4 inch copper
inch copper tubing tubing for the Water Department; stating that purchases will be charged to Water and
Sewer Operating Fund 45, Inventory Subsidiary Account No. 141-000279; and recommending
that the purchase be made from All -Tex Plumbing Supply, Inc., on its low bid of
$9,358.68 net, f.o.b. Fort Worth. It was the consensus of the City Council that the
recommendation be adopted.
M&C P-4078 re There was presented Mayor and Council Communication No. P-4078 from the City
purchase agreement Manager submitting a quotation received for a one-year purchase agreement for testing
for testing and and repair services on water meters for the Water Department; stating that budgeted
repair service on funds are sufficient to cover the anticipated expenditure by each department
water meters I participating in this agreement; and recommending that the City Council:
1. Authorize a one-year purchase agreement for testing and repair service
on water meters with Vanguard Meter Service, Inc., on the sole bid of
unit prices as follows:
Minutes of City Council 0-3 Page 276
VANGUARD
METER SERVICE,
INC.
OWENSBORO, KENTUCKY
ITEM
TEST ONLY
TEST & OVERHAUL
PARTS
1)
2"
Turbine
$100.00/flat
rate
$165.00/flat
rate
+10%
2)
3"
Turbine
$125.00/flat
rate
$200.00/flat
rate
+10%
3)
4"
Turbine
$125.00/flat
rate
$200.00/flat
rate
+10%
4)
5"
Turbine
$125.00/flat
rate
$200.00/flat
rate
+10%
5)
6"
Turbine
$125.00/flat
rate
$200.00/flat
rate
+10%
6)
6"
Compound
$175.00/flat
rate
$325.00/flat
rate
+10%
7)
8"
Turbine
$125.00/flat
rate
$200.00/flat
rate
+10%
8)
10" Turbine
$150.00/flat
rate
$250.00/flat
rate
+10%
Minutes of City Council 0-3 Page 276
27`7
THURSDAY, MARCH 8, 1990
M&C P-4078 cont.
9)
16" Turbine
$200.00/flat
rate
$325.00/flat rate
+10%
It was the consensus of the City Council that the recommendations be adopted.
10)
6" Venturi
$200.00/flat
rate
N/A
N/A
from Watson Dis-
11)
16" Venturi
$200.00/flat
rate
N/A
N/A
Distributing Company and one utility vehicle be authorized from Goldthwaite's of Texas
12)
18" Venturi
$200.00/flat
rate
N/A
N/A
13)
30" Venturi
$200.00/flat
rate
N/A
N/A
Manager submitting a tabulation of bids received for a purchase agreement for document
14)
Isolation Valve
$ 60.00/hourly
N/A
+10%
Minutes of City Council 0-3 Page 277
-2. This agreement to be effective from date of authorization by City
Council until one-year later with option to renew annually for one year.
All terms are net, f.o.b. Fort Worth
M&C P-4078 adopted
It was the consensus of the City Council that the recommendations be adopted.
M&C P-4079 re
There was presented Mayor and Council Communication No. P-4079 from the City
purchase of two
Manager submitting a tabulation of bids received for the purchase of three utility
utility vehicles
vehicles for the Park and Recreation Department; stating that funds are available in
from Watson Dis-
General Fund 01, Account No. 80-20-60, Index Code 304055, and Golf Fund 39, Account
tributing Comany
Nos. 80-41-10 and 80-43-10, Index Codes 312322 and 313924, respectively; and
recommending that the purchase of two utility vehicles be authorized from Watson
Distributing Company and one utility vehicle be authorized from Goldthwaite's of Texas
on their low bids meeting specifications, as follows:
1. Watson Distributing Co. $27,726.00
2. Goldthwaite's of Texas 8,989.00
Total amount not to exceed $36,715.00 net, f.o.b. Fort Worth
M&C P-4079 adopted
It was the consensus of the City Council that the recommendation be adopted.
M&C P-4080 re
There was presented Mayor and Council Communication No. P-4080 from the City
purchase agreement
Manager submitting a tabulation of bids received for a purchase agreement for document
for purchase of
frames for the Stationary Stores Department; stating that purchases will be charged to
document frames ,
Office Services Fund 60, Subsidiary Account No. 141-000275; and recommending that the
with Flash Foto I
purchase agreement be authorized with Flash Foto I on its low bid of $5,400.00 net,
with Allied Tube &
f.o.b. Fort Worth, Texas; and that the term of agreement begin the date of
Conduit Corporation
authorization and expire one year later. It was the consensus of the City Council that
the recommendations be adopted.
M&C Pm4081 re
Corporation on total overall bid of unit prices net, f.o.b. Fort Worth. It was the
purchase of traffic
There was presented Mayor and Council Communication No. P-4081 from the City
signal items
Manager submitting a tabulation of bids received for the purchase of traffic signal
items for the Transportation and Public Works Department; stating that purchases will
be charged to General Fund 01, Inventory Subsidiary Account No. 141-000273; and
recommending that the purchase be made on a low -bid -item basis of unit prices, meeting
City specifications, as follows:
1. Valmont Industries, Inc. $18,000.00
Minutes of City Council 0-3 Page 277
2. Dealers Electrical Supply Co. 3,045.00
a 3. Hi -Tech Signals, Inc. 27,320.00
4. Consolidated Traffic Controls, Inc. 9,883.50
5. Traffic Parts Inc. 1,575.00
$59,823.50 net, f.o.b. Fort Worth
M&C P-4081 adopted
It was the consensus of the City Council that the recommendation be adopted.
M&C P-4082 re
purchase agreement
There was presented Mayor and Council Communication No. P-4082 from the City
for metal fabri-
Manager stating that a one-year purchase agreement with a two-year renewal option was
cation
authorized by City Council on April 19, 1988, by Mayor and Council Communication
No. P-2601 with Heron Industries, Inc., to provide metal fabrication services for City
departments; that the service rendered has been satisfactory; that staff has requested
the last option to renew be exercised; that Heron Industries, Inc., has agreed to
maintain unit prices as originally bid; that budgeted funds are sufficient to cover the
anticipated expenditure by each department participating in this agreement; and
recommending that the option for renewal for the final year be authorized with Heron
Industries, Inc., on its low unit prices of $17.00 per hour; that all City departments
be authorized to participate in this agreement, if needed; and that the agreement
become effective upon date of authorization by City Council and expire one year later.
It was the consensus of the City Council that the recommendations be adopted.
M&C P-4083 re
There was presented Mayor and Council Communication No. P-4083 from the City
purchase agreement
Manager submitting a tabulation of bids received for a purchase agreement for sign
with Allied Tube &
Posts for all City departments; stating that budgeted funds are sufficient to cover the
Conduit Corporation
anticipated expenditure by each department participating in this agreement; and
recommending that the purchase agreement be authorized with Allied Tube & Conduit
Corporation on total overall bid of unit prices net, f.o.b. Fort Worth. It was the
consensus of the City Council that the recommendation be adopted.
Minutes of City Council 0-3 Page 277
278
THURSDAY, MARCH 8, 1990
M&C P-4084 re
There was presented Mayor
and Council
Communication No. P-4084 from the City
purchase of
Manager submitting a tabulation
of bids received for the purchase of guardrail and
guardrail and re-
related items for the Transportation and Public Works Department; stating that funds
lated items
are available in General Fund
01, Account
No. 20-80-03, Index Code 239442; and
4.
recommending that the purchase
be made from
Gordon Specialties on low bid of $7,981.00
5.
net, f.o.b. Fort Worth, Texas.
It was the
consensus of the City Council that the
6.
recommendation be adopted.
$ 7.95
M&C P-4085 re There was presented Mayor and Council Communication No. P-4085 from the City
purchase of agree- Manager stating that a purchase agreement was authorized with Texas Department of
ment W tft rifelds Corrections on April 18, 1989, by Mayor and Council Communication No. P-3403 for the
oepaamehtrrateCor- recapping of City -owned tires; that the agreement was for one year with option to renew
r►,ectfaosurer's for one additional year; that the City Services Department has requested the option to
replacement parts renew be exercised; 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. Exercising the option to renew the purchase agreement with the Texas
Department of Corrections for the recapping of City -owned tires on the
low bid of the following unit prices:
ITEM NUMBER AMOUNT BID
&C P-4087 re j There was presented Mayor and Council Communication No. P-4087 from the City
urchase agreement Manager stating that the City Council authorized a purchase agreement with Burly
ith Burly Corp. Corporation on March 7, 1989, by Mayor and Council Communication No. P-3295 for pick up
and disposal of scrap tires for various City departments; that the agreement was for
one year with option to renew for one additional year; that the City Services staff has
requested that the agreement be renewed and the vendor has agreed to hold prices for
Minutes of City Council 0-3 Page 278
1.
Recap 8.25XR15 All Trac 15/32nds
$40.00
2.
Section repair 8.25XR15
$12.50
3.
Spot repair 8.25XR15
$ 7.95
4.
Recap 750X20 Flex Rib 16/32nds
$40.00
5.
Section repair 750X20
$12.50
6.
Spot repair 750X20
$ 7.95
7.
Recap 8.25X20 All Trac 19/32nds
$46.00
8.
Section repair 8.25X20
$12.50
9.
Spot repair 8.25X20
$ 7.95
10.
Recap 8.25X20 Directional Grader
$77.00
11.
Section repair 8.25X20 Grader
$17.50
12.
Spot repair 8.25X20 Grader
$ 7.95
13.
Recap 90OX20 All Trac 19/32nds
$53.00
14.
Sectional Repair 900X20
$12.50
15.
Spot repair 90OX20
$ 7.95
16.
Recap 900R20 All Trac 19/32nds
$53.00
17.
Section repair 900R20
$12.50
18.
Spot repair 900R20
$ 7.95
19.
Recap 10OX20 All Trac 19/32nds
$58.00
20.
Sectional. repair 1000X20
$12.50
21.
Spot repair 1000X20
$ 7.95
22.
Recap 1000R20 All Trac 19/32nds
$58.00
23.
Sectional repair 1000R20
$12.50
24.
Spot repair 1000R20
$ 7.95
25.
Recap 110OX20 All Trac 19/32nds
$62.00
26.
Sectional repair 110OX20
$12.50
27.
Spot repair 110OX20
$ 7.95
28.
Recap 110OX22 Flex Rib 16/32nds
$66.00
29.
Sectional repair 110OX22
$12.50
30.
Spot repair 110OX22
$ 7.95
31.
Recap 1100X22.5 All Trac 19/32nds
$58.00
32.
Sectional repair 1100X22.5
$12.50
-33.
Spot repair 1100X22.5
$ 7.95
34.
Recap 1000X15 All Trac 19/32nds
$50.00
35.
Sectional repair 1000X15
$12.50
36.
Spot repair 1000X15
$ 7.95
2. The agreement to begin April 18, 1990 and end
one year later.
&C P-4085 adopted
It was the consensus
of the City Council that the recommendations be adopted.
&C P-4086 re
There was
presented Mayor and Council Communication No. P-4086 from the City
urchase agreement
Manager stating that a purchase agreement with Vermeer Equipment of Texas was
o provide genuine
authorized on
April 18, 1989, by Mayor and Council Communication
No. P-3393 to supply
ermeer
O.E.M. Vermeer
equipment parts; that the agreement was
for one year with option to
anufacturer's
renew for one
additional year; that the City Services
Department staff has requested
eplacement parts
that the option
for renewal be exercised; stating that
budgeted funds are sufficient to
cover the anticipated expenditure by each department
participating in this agreement;
and recommending that the City Council exercise the option
to renew to provide genuine
Vermeer manufacturer's replacement parts for the City
Services Department with Vermeer
Equipment of Texas on low bid of unit prices at dealer's
list prices, f.o.b. shipping
point, prepay
and add -freight to the invoice; and that
the agreement begin April 18,
1990, and end
one year later. It was the consensus
of the City Council that the
recommendations be adopted.
&C P-4087 re j There was presented Mayor and Council Communication No. P-4087 from the City
urchase agreement Manager stating that the City Council authorized a purchase agreement with Burly
ith Burly Corp. Corporation on March 7, 1989, by Mayor and Council Communication No. P-3295 for pick up
and disposal of scrap tires for various City departments; that the agreement was for
one year with option to renew for one additional year; that the City Services staff has
requested that the agreement be renewed and the vendor has agreed to hold prices for
Minutes of City Council 0-3 Page 278
279,
fliU1i1ffXfi§1Zul l ,ff-Ims
M&C P-4087 cont,
another year; stating that budgeted funds are sufficient to cover the anticipated
1/2 Bend
expenditure by each department participating in this agreement; and recommending that
$
the City Council exercise the option to renew purchase agreement with Burly Corporation
2)
on low bid of unit prices at $0.82 each; that all City departments be authorized to use
1/2 Bend
agreement, if needed; -and that the agreement period begin March 7, 1990, and end one
$
year later.
Asst. CM Ramon
Assistant City Manager Ramon Guajardo appeared before the City Council and advised
Gua jardo re M&C
the City Council that the tires to be disposed of by Mayor and Council Communication
P-4087
No. P-4087 are tires belonging to the City of Fort Worth.
4)
Mayor Pro tempore Gilley made a motion, seconded by Council Member Garrison, that
1/2 Bend
the recommendation, as contained in Mayor and Council Communication No. P-4087, be
$
adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously.
5)
Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that
1/2 Bend
action taken on Mayor and Council Communication No. P-4087 awarding a contract to Burly
$
Corporation for the pick up and disposal of scrap tires be reconsidered. When the
6)
motion to reconsider was put to a vote by the Mayor, it prevailed unanimously.
Bend 4"
Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that
$
consideration of Mayor and Council Communication No. P-4087 recommending that a
7)
purchase agreement be authorized with Burly Corporation for the pick up and disposal of
Bend 8"
scrap tires be continued for one week. When the motion was put to a vote by the Mayor,
$
it prevailed unanimously.
M&C P-4088 re
purchase agreement
There was presented Mayor and Council Communication No. P-4088 from the City
with Davis Truck ai,
anager stating that a purchase agreement was authorized on March 7, 1989, by Mayor and
Touncil
and Equipment
Communication No. P-3304 with Davis Truck & Equipment Company on its bid of
Company
dealer's list -price; that the agreement period was for one year with option to renew
Bend 12"
for one additional year; that Davis Truck & Equipment Company has performed well and
$
the City Services Department, Equipment -Services Division has requested the option to
10)
renew be exercised; that purchases will be charged to Equipment Services Fund 61,
`
Subsidiary Inventory Account No. 141-000270; and recommending that the City Council
$
exercise the -option to renew the purchase agreement with Davis Truck & Equipment
11)
Company to furnish genuine O.E.M. Pak -Mor replacement parts to the City Services
Bend 4"
Department for one additional year on bid of dealer's list prices, with the new
$
agreement period to begin March 7, 1990, and end one year later. It was the consensus
12)
of the City Council that the recommendations be adopted.
M&C P-4089 re There was presented Mayor and Council Communication No. P-4089 from the City
purchase of con- Manager submitting a tabulation of bids received for the purchase of concrete adapters
Crete adapters for the Water Department; stating that purchases will be charged to Water and Sewer
Operating Fund 45, Inventory Subsidiary Account No. 141-000279; and recommending that
the purchase be made from All -Tex Plumbing, Inc., on its low bid of $5,639.16 net,
f.o.b. Fort Worth, as follows:
ITEM DESCRIPTION AMOUNT BID EXTENDED BID
4" Adapter $ 2.28/each $1,368.00
6" Adapter $ 5.00/each: $3,000.00
8" Adapter $ 7.53/each $ 903.60
10" Adapter $10.21/each $ 367.56
Total amount not to exceed 5 639.16 net, f.o.b. Fort Worth.
M&C P-4089 adopted It was the consensus of the City Council that the recommendation be adopted.
M&C P-4090 re There was presented Mayor and Council Communication No. P-4090 from the City
purchase agreement Manager submitting a quotation received for a purchase agreement to provide P.V.C.
to provide P.V.C. sewer fittings for City departments; stating that budgeted funds are sufficient to
sewer fittings cover the anticipated expenditure by each department participating in this agreement;
and recommending that the City Council:
1. Authorize a purchase agreement to provide P.V.C. sewer fittings with
Ferguson/Universal, Inc. on the low overall bid of unit prices, as
follows:
ITEMS AMOUNT
1)
22
1/2 Bend
4"
$
1.55/each
2)
22
1/2 Bend
8"
$
10.65/each
3)
22
1/2 Bend
10"
$
24.13/each
4)
22
1/2 Bend
12"
$
31.66/each
5)
22
1/2 Bend
15"
$
54.73/each
6)
45
Bend 4"
$
1.49/each
7)
45
Bend 8"
$
9.77/each
8)
45
Bend 10"
$
23.02/each
9)
45
Bend 12"
$
32.08/each
10)
45
Bend 15"
$
54.40/each
11)
90
Bend 4"
$
2..18/each
12)
90
Bend 10"
$
33.83/each
13)
90
Bend 12"
$
43.06/each
14)
90
Bend 15"
$
84.87/each
Minutes of City Council 0-3 Page 279
M&C P-4090 cont.
M&C P-4090 adotped
15)
4 x
4 Tee
16)
4 x
6 Tee
17)
8 x
4 Tee
18)
10
x 4 Tee
19)
10
x 6 Tee
20)
10
x 8 Tee
21)
10
x 10 Tee
22)
12
x 4 Tee
23)
12
x 8 Tee
24)
12
x 10 Tee
25)
12
x 12 Tee
26)
15
x 4 Tee
27)
15
x 6 Tee
28)
15
x 8 Tee
29)
15
x 10 Tee
30)
15
x 12 Tee
31)
15
x 15 Tee
32)
4 x
4 Wye
33)
6 x
4 Wye
34)
6 x
6 Wye
35)
8 x
6 Wye
36)
8 x
8 Wye
37)
10
x 4 Wye
38) -
10
x 6 Wye
39)
10
x 8 Wye
40)
10
x 10 Wye
41)
12
x 4 Wye
42)
12
x 6 Wye
43)
12
x 8 Wye
44)
12
x 10 Wye
45)
12
x 12 Wye
46)
15
x 4 Wye
47)
15
x 6 Wye
48)
15
x 8 Wye
49)
15
x 10 Wye
50)
15
x 12 Wye
51)
15
x 15 Wye
52)
4"
Plug
53)
6"
Plug
54)
12"
Plug
55)
15"
Plug
56)
4"
Caps
57)
10"
Caps
58)
12"
Caps
59)
15"
Caps
60)
6"
Caps
$ 2.75/each
$ 6.25/each
$ 8.96/each
$ 26.83/each
$ 26.97/each
$ 43.14/each
$ 44.10/each
$ 33.15/each
$ 47.92/each
$ 56.60/each
$ 60.89/each
$ 49.06/each
$ 54.06/each
$ 57.38/each
$ 65.15/each
$ 69.11/each
$ 84.50/each
$ 2.66/each
$ 6.00/each
$ 6.80/each
$ 10.68/each
$ 19.18/each
$ 25.09/each
$ 25.56/each
$ 40.32/each
$ 50.65/each
$ 36.23/each
$ 36.21/each
$ 55.38/each
$ 67.68/each
$ 70.46/each
$ 51.91/each
$ 56.81/each
$ 65.61/each
$ 70.06/each
$ 88.39/each
$102.78/each
$ .81/each
$ 1.56/each
$ 16.76/each
$ 29.44/each
$ 1.10/each
$ 16.15/each
$ 24.16/each.
$ 39.07/each
$ 2.07/each
2. Allow all City departments to participate in this agreement, if needed,
effective from date of authorization until expiration one year later.
All terms are net, f.o.b. Fort Worth.
It was the consensus of the City Council that the recommendations be adopted.
M&C P-4091 re There was presented Mayor and Council Communication No. P-4091 from the City
purchase agreement Manager submitting a quotation received for a purchase agreement for fan belts,
for fan belts, sheaves, and bushings for City departments; stating that budgeted funds are sufficient
sheaves, and bush- to cover the anticipated expenditure by each department participating in this
ings
agreement; and recommending that the City Council:
1. Authorize a purchase agreement for fan belts, sheaves, and bushings from
Motion Industries on the low overall bid of unit prices as follows:
Item
1
Belt A-35
$
1.70/each
Item
2
Belt B-98
$
5.48/each
Item
3
Belt B-105
$
5.79/each
Item
4
Belt C-240
$
24.00/each
Item
5
Belt CX -150
$
18.50/each
Item
6
Belt BX -60
$
4.49/each
Item
7
Belt 5/B x 59
$
4.49/each
Item
8
Belt 3/C 128
$
53.50/each
Item
9
Belt AA51
$
4.79/each
Item
10
Sheaves 3.0 x 1
5/16 x 1
$
8.44/each
Item
11
Sheaves 6.0 x 1
1/8 x 2
$
14.29/each
Item
12
Sheaves 8.0 x 1
11/16 x 3
$
28.60/each
Item
13
Sheaves 12.4 x 2
5/8 x 4
$
52.70/each
Item
14
Sheaves 24.6 x 2
1/4 x 5
$150.98/each
Item
15
Sheaves 18.4 x 2
3/4 x 6
$100.90/each
Item
16
Sheaves 9.4 x 3
1/8 x 8
$
93.24/each
Item
17
Sheaves 38.0 x 3
3/4 x 10
$485.50/each
Item
18
Sheaves 3.8 x 1/2
x 2
$
13.02/each
Item
19
Bushing 3/8
$
5.99/each
Item
20
Bushing 1 13/16
$
5.99/each
Item
21
Bushing 1 15/16
$
7.80/each
Minutes of City Council 0-3 Page 280
281
THURSDAY, MARCH 8, 1990
M&C P-4091 cont.
Item
22
Bushing
1 7/16
$
7.80/each
to provide kerosend
Item
23
Bushing
1 1/16
$
9.60/each
vendor has agreed to
Item
24
Bushing
1 3/8
$
9.60/each
Item
25
Bushing
1/16
$
4.44/each
Item
26
Bushing
1 5/16
$
4.99/each
naptha with Solvent Specialty Company on the low bid of
Item
27
Bushing
3 3/4
$
20.24/each
2. Allow all City departments to participate in this agreement, if needed;
and
3. This agreement to be effective from date of authorization by City
Council until one year later.
All terms are net, f.o.b. Fort Worth.
M&C P-4091 adopted 1l It was the consensus of the City Council that the recommendations be adopted.
M&C P-4092 re There was presented Mayor and Council Communication No. P-4092 from the City
purchase of traffid Manager submitting a tabulation of bids received for the purchase of traffic signal
signal wire wire for the Transportation and Public Works Department; stating that purchases will be
charged to General Fund 01, Subsidiary Account No. 141-000273; and recommending that
the purchase be made on a low -bid -item basis, as follows: .
50,000 ft. #14 Loop Detector Lead
2,000 ft. #14 Ga..Solid 12 Cond. Cable
100,000 ft. #6 Ga. Duplex Shepherd
Americable/C.E. Services $ 7,250.00
King Wire & Cable Corp. 1,024.00
Techline, Inc. 12,660.00
$20,934.00
Net, f.o.b. Fort Worth, Texas
M&C P-4092 adopted It was the consensus of the City Council that the recommendation be adopted.
M&C P-4093 re There was presented Mayor and Council Communication No. P-4093 from the City
purchase of light- Manager submitting a tabulation of bids received for the purchase of lighting fixtures
ing fixtures for the Transportation and Public Works Department; stating that purchases will be
charged to General Fund 01, Inventory Subsidiary Account No. 141-000273; and
recommending that the purchase be made from Temple, Inc., on its low bid of $9,090.00
net, f.o.b. Fort Worth. It was the consensus of the City Council that the
recommendation be adopted.
M&C P-4094 re There was presented Mayor and Council Communication No. P-4094 from the City
purchase agreement Manager submitting a tabulation of bids received for a purchase agreement to provide
with Bacrac Supply barricade batteries for all City departments; stating that budgeted funds are
Company sufficient to cover the anticipated expenditure by each department participating in
this agreement; and recommending that the purchase agreement be authorized with Bacrac
Supply Company on its low bid per unit prices of $0.999 net, f.o.b. Fort Worth, and
making this agreement effective with the date of approval by City Council until one
year later. It was the consensus of the City Council that the recommendations be
adopted.
M&C P-4095 re There was presented Mayor and Council Communication No. P-4095 from the City
purchase for trans Manager submitting a tabulation of bids received for the purchase of transitional
sitional sleeves sleeves for the Water Department; stating that purchases will be charged to Water and
Sewer Operating Fund 45, Inventory Subsidiary Account No. 141-000279; and recommending
that the purchase be made on a low -bid -item basis for an amount not to exceed $2,358.00
net, f.o.b. Fort Worth.
City Secretary Howard announced that lots will be cast for the purchase of 36"
transitional sleeve inasmuch as identical bids were submitted by Bowles & Eden
Equipment and Texas Water Products. Following the drawing of bids by Mr. Judson
Bailiff, representing Bowles & Eden, and Mr. Ben Allen, representing Texas Water
Products, Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell,
that the award of 36" transitional sleeve be awarded to Bowles & Eden Equipment. When
the motion was put to a vote by the Mayor, it prevailed unanimously.
M&C P-4096 re
There was presented Mayor and Council Communication No. P-4096 from the
City
purchase agreement
Manager stating that a
purchase agreement, with two one-year options for renewal,
was
to provide kerosend
authorized by the City Council on April 18, 1989, by Mayor and Council Communication
and naptha
No. P-3404 to provide
kerosene and naptha with Solvent Specialty Company; that
the
vendor has agreed to
hold the prices firm as originally quoted; that service has
been
satisfactory; 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. Exercising
the renewal option to the purchase agreement to provide
kerosene and
naptha with Solvent Specialty Company on the low bid of
unit prices
as follows:
Kerosene
$1.25 per gallon
Naptha
$1.25 per gallon
Bulk storage
tanks supplied at no charge
Minutes of City Council 0-3 Page 281
282
THURSDAY, MARCH 8, 1990
M&C P-4096 cont. 2. All City Departments to participate in the agreement, if needed; and
3. The agreement to begin April 17, 1990, and end one year later on date
second renewal option authorized.
M&C P-4096 adopte It was the consensus of the City Council that the recommendations be adopted.
M&C P-4097 re There was presented Mayor and Council Communication No. P-4097 from the City
purchase agreemeni, Manager stating that a one-year purchase agreement was authorized by the City Council
with McMaster For on April 4, 1989, by Mayor and Council Communication No. P-3376 with McMaster Ford and
Clemons Tractor Company to provide genuine O.E.M. tractor parts; that the vendor has
agreed to continue pricing at the original bid price and service has been satisfactory;
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. Exercising the renewal option to the purchase agreement with McMaster
Ford to provide genuine Ford tractor and Sperry New Holland parts on the
low bid of manufacturer's suggested list price, less 10% on emergency
orders, less 13% on stock orders;
2. Exercising the renewal option to the purchase agreement with Clemons
Tractor Company to provide genuine Mitsubishi parts on the low bid of
manufacturer's suggested list price less 10%;
3. Allowing all City Departments to participate in these agreements if
needed; and
4. The agreement to begin April 3, 1990, and end one year later.
M&C P-4097 adopted It was the consensus of the City Council that the recommendations be adopted.
M&C P-4098're There was presented Mayor and Council Communication No. P-4098 from the City
purchase agreement Manager, as follows:
with multiple
vendors to pro- SUBJECT: OPTION FOR RENEWAL OF PURCHASE AGREEMENTS WITH MULTIPLE VENDORS TO
vide grounds main- PROVIDE GROUNDS MAINTENANCE SERVICE FOR THE WATER DEPARTMENT
tenance service
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the first option for renewal of purchase agreements with
multiple vendors to provide grounds maintenance service for the Water
Department on the low bid, meeting City specifications, of unit prices,
f.o.b. Fort Worth, as follows:
A. Funderburk and Associates, Inc.
(formerly The Ground Crew)
Arlington, TX
Item 1
During growing season:
A. Weekly maintenance
B. Bi -weekly maintenance
During non -growing season:
Item 2:
During growing season:
A. Weekly Maintenance
B. Bi -weekly maintenance
C. Monthly Maintenance
During non -growing season:
B. Grasshopper Landscape
(formerly Grasshopper, Inc.)
Fort Worth, TX
Item 3:
During growing season:
A. Weekly maintenance
B. Bi -weekly maintenance
C. Every four weeks maintenance
During non -growing season:
Xeriscape Garden
C. Quality Grounds Company
Arlington, TX
Item 4:
During growing season:
A. Weekly Maintenance
B. Bi -weekly maintenance
(Including drying beds)
$1,232.00/per week
$ 66.00/each maintenance
$ 300.00/per month
$ 300.00/per week
$ 150.00/each maintenance
$ 107.00/per month
$ 100.00/per month
$ 360.00/per week
$ 425.00/each maintenance
$1,200.00/each maintenance
$ 510.00/per month
$6,390.00/per year
$1,675.00/per week
$1,500.00/each maintenance
Minutes of City Council 0-3 Page 282
283
THURSDAY MARCH 8 1990
M&C P-4098 cont.
Maintenance of sludge facility:
A. Monthly mowing of levee
$1,000.00/per
month
B. Bi -monthly mowing of ditch area
$
250.00/each
maintenance
C. Mowing flat area inside levee
$
500.00/each
maintenance
three times per year
D. Academy Enterprises -
Fort Worth, TX
Item 5:
Sewer Metering Stations at 11 locations:
A. 1 location
$
30.00/each
maintenance
B. 3 locations
$
65.00/each
maintenance
C. 1 location
$
100.00/each
maintenance
D. 4 locations
$
40.00/each
maintenance
E. 1 location
$
50.00/each
maintenance
F. 1 location
$
135.00/each
maintenance
E. Master Maintenance
Fort Worth, TX
Item 6:
Pump stations, storage tanks, raw
water
conduit,
Lake Worth Dam and
metering stations at 43 locations:
A. 14 locations
$
20.00/each
maintenance
B. 2 locations
$
30.00/each
maintenance
C. 5 locations
$
32.00/each
maintenance
D. 1 location
$
35.00/each
maintenance
E. 1 location
$
36.00/each
maintenance
F. 1 location
$
38.00/each
maintenance
G. 3 locations
$
42.00/each
maintenance
H. 1 location
$
44.00/each
maintenance
I. 3 locations
$
48.00/each
maintenance
J. 1 location
$
50.00/each
maintenance
K. 2 locations
$
52.00/each
maintenance
L. 1 location
$
55.00/each
maintenance
M. 1 location
$
65.00/each
maintenance
N. 1 location
$
75.00/each
maintenance
0. 2 locations
$
80.00/each
maintenance
P. 1 location
$
110.00/each
maintenance
Q. 1 location
$
140.00/each
maintenance
R. 1 location
$
145.00/each
maintenance
S. 1 location
$
298.00/each
maintenance
2. Authorize the renewal option of
these
purchase agreements to become
effective April 1, 1990, and end March
31, 1991.
ITEM DESCRIPTION:
1. North and South Holly Plants
2. Water Field Operations
3. Rolling Hills Water Production Plant
4. ' Village Creek Wastewater Treatment Plant
5. Outside sewer metering stations at 11 locations
6. Pump stations, storage tanks, raw water conduit, Lake Worth Dam area,
and water metering stations at 43 locations.
DISCUSSION:
On March 21, 1989 (M&C P-3324, Amended M&C P-3522, June 13, 1989), the City
Council authorized one-year purchase agreements, with an option renewal for
two additional years, to provide for grounds maintenance service at specified
locations for the Water Department. The service rendered by each vendor has
been performed at a satisfactory level and the Water Department recommends
that the first year option renewal be exercised.
The recommended vendors have agreed to the extension of these agreements for
one additional year.
FINANCING:
Budgeted funds are sufficient to cover the anticipated expenditure by each
department participating in this agreement. All purchase orders issued
against this agreement will be reviewed by Purchasing for sufficiency of
funds prior to release.
M&C P-4098 adopted It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. P-4098, be adopted.
M&C P-4099 re There was presented Mayor and Council Communication No. P-4099 from the City
purchase of one Manager submitting a tabulation of bids received for the purchase of one walking
walking excavator excavator for the Transportation and Public Works Department; stating that funds are
available in General Fund 01, Account No. 20-80-03, Index Code 239590; and recommending
Minutes of City Council 0-3 Page 283
284
THURSDAY, MARCH 8, 1990
M&C P-4099 cont,
that the purchase be made from L.M.T. Corporation on its low bid, meeting
Paving Company
specifications, for an amount not to exceed $137,900.00 net, f.o.b. Fort Worth. It was
the consensus of the City Council that the recommendation be adopted.
M&C P-41purchase agreement re
There was presented Mayor and Council Communication No. P-4100 from the City
purchase aWater-Manager
provide Water-
stating that a purchase agreement was authorized on April 18, 1989, by Mayor
ousto
pump replace-
and Council Communication No. P-3398 with W.A. Neel & Associates, Inc., to provide
men
ent parts
genuine Waterous pump parts; that the services rendered have been satisfactory; that
staff has requested the last year's option to renew be exercised; that W.A. Neel &
Associates, Inc., has agreed to maintain unit prices as originally bid; that budgeted
funds are sufficient to cover the anticipated expenditure by each department
participating in this agreement; and recommending that the City Council exercise the
M&C L-10046 re
acquisition of
option for renewal on the purchase agreement to provide Waterous pump replacement parts
permanent easement
from W.A. Neel & Associates on its low bid of unit prices net, f.o.b. Fort Worth, and
authorize all City departments to participate in this agreement, if needed, effective
upon authorization by City Council and ending one year later. It was the consensus of
the City Council that the recommendations be adopted. .
M&C L-10045 re
lease with Austin
There was presented Mayor and Council Communication No. L-10045 from the City
Paving Company
Manager stating that Austin Paving Company has contracted with the City to do repair
work to Camp Bowie Boulevard; that, because of previous difficulties with theft, the
Company is in need of a secure area to store the brick it will be using on Camp Bowie;
that the Transportation and Public Works Department has agreed to allow Austin Paving
to utilize a portion of the fenced -in area at Harley Street which was previously used
for the storage of sand and gravel; and recommending that the City Manager be
authorized to execute a lease with Austin Paving Company for a portion of Lots 7, Ross
Heights Addition aka Harley Street Service Center for six months at a lease rate of
$1.00 per month. It was the consensus of the City Council that the recommendation be
adopted.
M&C L-10046 re
acquisition of
There was presented Mayor and Council Communication No. L-10046 from the City
permanent easement
Manager, as follows:
SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS (4
TRANSACTIONS)
RECOMMENDATION:
It is recommended that approval be given for the acquisition of the land
and/or easements described below:
1. Project Name: Sanitary Sewer Rehabilitation Project, Lateral 2250
Type of Acquisition: Dedication - Permanent Easement
Description of Land:. A rectangularly shaped strip of land out of the
West 112 of Lot 9, Block 9, Masonic Home Addition, Second Filing, as
recorded in Volume 9610, Page 1273, Deed Records, Tarrant County, Texas.
This strip of land is 5.0 feet in depth and 50.0 feet in length and lies
parallel to, contiguous with, and within the north property line,
required for a permanent easement.
Square Feet: 250.0 Zoning: "A"
Parcel No.: 9
Consideration: $1.00
Location: 3225 Montague Street
Owner: Joe Gonzales and Carol Gonzales
Financing: Sufficient funds are available in Sewer Capital Improvements
Fund 58, Project No. 017081-00, S.S. Rehab, L-2250. This expenditure
will be made from Index Code 698787. -
Land Agent: .Jerry Chalker
2. Project Name: Sanitary Sewer Replacement Project, Main -73
Type of Acquisition: Dedication - Temporary Construction Easement
Description of Land: An irregularly shaped strip of land out of Lot 2,
Block 4, Park Hill Addition, as recorded in Volume 7898, Page 1838, Deed
Records, Tarrant County, Texas. This strip of land is 10.0 feet in
depth and 80.0 feet in length and lies parallel to, contiguous with, and
within the north property line, required for a temporary easement.
Square Feet: 800.0
Parcel No.: 1
Consideration: .$1.00
Zoning: "A"
Minutes of City Council 0-3 Page 284
235
THURSDAY, MARCH 8, 1990
&C L-10046 cont. 11 Location: 2316 Winton Terrace East
Owner: Ronald G. Rosen and wife, Melanie L. Rosen
Financing: Sufficient funds are available in Sewer Capital Improvements
Fund 58, Project No. 017081-00, Replacement of Main 73. This
expenditure will be made from Index Code 698787.
Land Agent: Jerry Chalker
3. Project Name: Sanitary Sewer Replacement Project, Main -73
Type of Acquisition: Dedication - Temporary Construction Easement
Description of Land:, A rectangularly shaped strip of land out of
Lot 22, Block 15, Berkley Addition, as recorded in Volume 204, Page 79,
Deed Records, Tarrant County, Texas. This strip of land is 10.0 feet in
depth and 75.0 feet in length and lies contiguous with, parallel to, and
south of an existing 3.0 permanent easement along and within the north
property line, required for a temporary easement.
Square Feet: 750.0 Zoning: "A"
Parcel No.: 24
Consideration: $1.00
Location: 2232 Glenco Terrace
Owner: Pat P. Duncan and wife, Mrs. Pat P. Duncan
Financing: Sufficient funds are available in Sewer Capital Improvements
Fund 58, Project No. 017081-00, Replacement of Main 73. This
expenditure will be made from Index Code 698787.
Land Agent: Jerry Chalker
4. Project Name: Sanitary Sewer Rehabilitation Project, Lateral 2250
TYDe of Acquisition: Dedication - Permanent Easement
Description of Land:_ A rectangular shaped strip of land out of the East
1/2 of Lot 9, Block 9, Masonic Home Addition, Second Filing, as recorded
in Volume 6434, Page 116, Deed Records, Tarrant County, Texas. This
strip of land is 5.0 feet in depth and 50.0 feet in length and lies
parallel to, contiguous with, and within the north property line,
required for a permanent easement.
Square Feet: 250.0 Zoning:. "A"
Parcel No.: � 8
Consideration: $1.00
Location: 3229 Montague Street
11 11 Owner: Jay Claunch
Financing: Sufficient funds are available in Sewer Capital Improvements
Fund 58, Project No. 017081-00, S.S. Rehab, L-2250. This expenditure
will be made from Index Code 698787.,
Land Agent: Jerry Chalker
M&C L-10046 adopted It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. L-10046, be adopted.
M&C C-12200 re There was presented Mayor and Council. Communication No. C-12200 from the City
contract with Manager submitting a proposed contract for the installation of community facilities to
Kaiser Permanente serve Medical Centre, Lot 1A, Block 1; describing the proposed project cost and
financing; and recommending that the City Manager be authorized to execute a contract
with Kaiser Permanente; that the City Manager be authorized to reimburse the developer
for the City's share of cost for water improvements upon satisfactory completion of the
same; and that a bond fund transfer in the amount of $65,145.00 be authorized from
83-011000-00, Unspecified, to 83-015066-00, Medical Centre, Lot 1A, Block 1, to provide
funds for City's share of water main construction. It was the consensus of the City
Council that the recommendations be adopted.
M&C C-12201 re There was presented Mayor and Council Communication No. C-12201 from the City
contract granting Manager stating that Joseph Tedy d/b/a LePremier Limousine, made application to the
Joseph Tedy dba City Council in a letter dated November 16, 1989, for the privilege and license to
LePremier Limousine provide limousine services within the City of Fort Worth; that proof of required publ is
liability insurance in the amount of $500,000.00 has been provided; that the City s
standard street rental fee shall be $500.00 per year, payable in advance of the
Minutes of City Council 0-3 Page 285
28G
THURSDAY, MARCH 8, 1990
M&C C-12201 cont.
contract year; and recommending that the City Manager be authorized to execute a
contract granting Joseph Tedy, d/b/a LePremier Limousine, the privilege to operate a
limousine service in Fort Worth for a period of one year, beginning upon execution of
M&C C-12204 re
the contract, with an option to renew for an additional term of one year. It was the
lease renewal with
consensus of the City Council that the recommendation be adopted.
M&C C-12202 re
There was presented Mayor and Council Communication No. C-12202 from the City
contract withManager
submitting a tabulation of bids received for design and construction of a metal
N.C. Sturgeon, Inc
building roof over the Municipal Parking Garage; and recommending that a contract be
authorized with N.C. Sturgeon, Inc., for design and construction of a metal building
roof over the Municipal Parking Garage for $182,868.00 and that a supplemental
appropriations ordinance be adopted appropriating $182,868.00 in Parking Facilities 59,
Account No. 16-20-03, and decreasing by the same amount the Unreserved, Undesignated
Retained Earnings of the Parking Facilities Fund 59 for the purpose of constructing the
roof. It was the consensus of the City Council that the recommendations be adopted.
Introduced an.
Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
Ordinance
adopted. The motion was seconded by Council Member Zapata. The motion, carrying with
M&C C-12205 re
it the adoption of said ordinance, prevailed by the following vote:
lease renewal with
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Wali d Joseph Yamm-
Garrison, Granger, Webber, and Chappell
NOES: None
ABSENT: Council Member McCray
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10543
10543
AN ORDINANCE INCREASING APPROPRIATIONS BY $182,868 IN THE PARKING
FACILITIES FUND 59, ACCOUNT NO. 16-20-03 AND DECREASING THE
UNRESERVED, UNDESIGNATED RETAINED EARNINGS OF THE PARKING
FACILITIES FUND 59, BY THE SAME AMOUNT FOR THE PURPOSE OF
CONSTRUCTING A ROOF OVER THE MUNICIPAL PARKING GARAGE; PROVIDING
FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF
PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 5.
This ordinance shall take effect and be in full force and effect from
and after the date of its passage, and it is so ordained.
M&C C-12203 re There was presented Mayor and Council. Communication No. C-12203 from the City
lease renewal with Manager stating that Glidewell Leasing Company, under City Secretary Contract
Glidewell Leasing No. 17315, leases office space on the second floor of the Meacham Airport Terminal
Company, L.P. Building; that the term of lease will expire on April 30, 1990, and the tenant seeks to
renew the lease for one year; that the term of the lease extension will begin May 1,
1990, and end April 30, 1991; that rental rates will be ten percent higher than those
charged for an annual lease and are recommended, as follows:
175 sq. ft. - carpeted - $10.63 per sq. ft. per yr. - $1,860.25
113 sq. ft. - uncarpeted - $10.27 per sq. ft. per yr. - $1,160.51
Total Annual Revenue - $3,020.76
M&C C-12203 adopted
It was the consensus of the City Council that the lease renewal with Glidewell Leasing
Company, L.P. for office space in the Fort Worth Meacham Airport Terminal Building be
approved.
M&C C-12204 re
There was presented Mayor and Council Communication No. C-12204 from the City
lease renewal with
Manager stating that the City Council passed Resolution No. 1378 on January 3, 1989,
Fort Worth Avia-
granting sponsorship for an air show to be held at Fort Worth Meacham Airport during
tion heritage
1989; that the Fort Worth Aviation Heritage Association was designated as the sponsor
Association
and executed an air show agreement with the City; that the term of the lease expires
March 31, 1990, and, since it is anticipated that the association will be designated as
the 1990 air show sponsor, the association seeks a one-year renewal for the office
space; that the area occupied is a partitioned room in back of the airline counters in
the main lobby containing 524 square feet; that the term of the renewal will begin on
April 1, 1990, and end March 31, 1991; and recommending that the City Manager be
authorized to enter into a lease renewal with Fort Worth Aviation Heritage Association
for office space in the Fort Worth Meacham Airport Terminal Building. It was the
consensus of the City Council that the recommendation be adopted.
M&C C-12205 re
There was presented Mayor and Council Communication No. C-12205 from the City
lease renewal with
Manager stating that Walid Joseph Yammine d/b/a Skywings Flight Training, under City
Wali d Joseph Yamm-
Secretary Contract No. 17554, leases 506 square feet of uncarpeted classroom and office
ine
Minutes of City Council 0-3 Page 286
28'7
THURSDAY, MARCH 8, 1990
M&C C-12205 cont. space on the first floor of the Meacham Airport Terminal Building; that the term of the
lease will expire on April 30, 1990, and the tenant seeks to enter into a lease renewal
under the newly incorporated name of Skywings Flight Training, Inc.; that the extended
lease will begin on May 1,1990, and end on April 30, 1991, for an annual revenue of
$5,505.28; and recommending that the City Manager be authorized to enter into a lease
renewal with Walid Joseph Yammine, an individual, and Skywings Flight Training, Inc.,
for office space in the Meacham Airport Terminal Building. It was the consensus of the
City Council that the recommendation be adopted.
M&C C-12206 re There was presented Mayor and Council Communication No. C-12206 from the City
lease renewal with Manager stating that Texas Jet, Inc., under City Secretary Contract No. 17112, leases
Texas Jet, Inc. 802 square feet of first floor, carpeted office space in the Meacham Airport Terminal
Building; that the area is subleased to Acme School of Aeronautics to be used as
classrooms and pilot briefing rooms; that the lease will expire on April 30, 1990, and
Texas Jet, Inc., seeks a one-year renewal; that the extended term will begin May 1,
1990, and end April 30, 1991, with an annual revenue of $8,982.40; and recommending
that the City Manager be authorized to enter into a lease renewal with Texas Jet, Inc.,
for office space in the Meacham Airport Terminal Building. It was the consensus of the
City Council that the recommendation be adopted.
M&C C-12207 re There was presented Mayor and Council Communication No. C-12207 from the City
lease with Acme Manager stating that Horus Aircraft Leasing, Inc., under City Secretary Contract
School of Aeron- No. 17349, leased 1,188 square feet of classroom space in the basement of the Meacham
a utics, Inc. Airport Terminal Building; that, effective January 31, 1990, the lease was terminated
due to a default under the terms of the contract; that Acme School of Aeronautics,
Inc., seeks to enter into a new lease for the space beginning March 1, 1990, and ending
February 28, 1991; that the rental rate for 1,188 square feet of basement space will be
$5.72 per square foot per year for a total annual revenue of $6,795.36; and
recommending that the City Manager be authorized to enter into a new lease with Acme
School of Aeronautics, Inc., for basement classroom space in the Meacham Airport
Terminal Building. It was the consensus of the City Council that the recommendation be
adopted.
M&C C-12208 re There was presented Mayor and Council Communication No. C-12208 from the City
cancellation of Manager stating that Mohamad A. Hamdooni d/b/a Country Flight Center, under City
lease with Mohamad Secretary Contract No. 17460, leases 127 square feet of office space located on the
A. hamdooni dba second floor of the Fort Worth Meacham Airport Terminal Building; that Mr. Hamdooni
Country Flight ' used the office to transact business associated with his flight training activities;
Center that he has been employed by an airline company and seeks to cancel his lease; that
Mr. Richard Trawick, an individual, seeks to lease the 127 square feet of second floor
office space beginning March 1, 1990, and ending February 28, 1991; that the total
annual revenue is $1,186.18; and recommending that the City Manager be authorized to
execute a lease cancellation with Mohamad A. Hamdooni d/b/a Country Flight Center and
enter into a new lease with Richard Trawick, an individual, for office space in the
Fort Worth Meacham Airport Terminal Building. It was the consensus of the City Council
that the recommendation be adopted.
M&C C-12209 re
amendment to Jfibb There was presented Mayor and Council Communication No. C-12209 from the City
Training Partner- Manager stating that the City Council authorized a contract in the amount of $46,461.00
ship Act Manage- with the Texas Department of Commerce on August 8, 1989, by Mayor and Council
ment Development. Communication No. C-11794 for implementation of the Job Training Partnership Act
Grant Contract with Management Development Plan for 1989; that the Texas Department of Commerce notified
Texas Department o the City of Fort Worth on January 31, 1990, of a $10,000.00 increase in obl i gati onal
Commerce authority increasing the total contract with Texas Department of Commerce to
$56,461.00; and recommending that the City Manager be authorized to execute an
amendment to the Job Training Partnership Act Management Development Grant Contract
with Texas Department of Commerce for the 1989 Program Year, beginning June 1, 1989, to
June 30, 1990, to add an additional $10,000.00 to the contract for a total contract
amount of $56,461.00. It was the consensus of the City Council that the recommendation
be adopted.
M&C C-12210 re There was presented Mayor and Council Communication No. C-12210 from the City
was withdrawn Manager stating that the provisions of medical insurance for City employees becomes
more challenging and complex each year, and the City staff requires the assistance of
professionals with recognized expertise in the field; that Mr. David Hull is an
insurance specialist in the area of health insurance and has extensive experience
consulting with governmental entities; that Mr. Hull's consulting rate is $95.00 per
hour; stating that funds are available in Group Health Insurance Fund 85, Account
No. 15-85-10, Index Code 335760; and recommending that the City Manager be authorized
to execute a contract for personal services of Mr. David Hull as an insurance
specialist, with payment based on billed hours of service, for a not to exceed amount
of $30,000.00. It was the consensus of the City Council that Mayor and Council
Communication No. C-12210 be withdrawn from the agenda.
M&C C-12211 re There was presented Mayor and Council Communication No. C-12211 from the City
amendment with the,
Fort Worth Cultural g ger Manager statin that a contract with the Fort Worth Cultural District Committee for
District Committee $200,000.00 was authorized on October 3, 1989, by Mayor and Council Communication
No. C-11901 for the development of a plan and schematic design for the renovation of
the Will Rogers Auditorium; that additional private funds were contributed to this
planning and design process; that, to continue project development through the working
document stage, the Sid W. Richardson Foundation has pledged $1,000,000.00 to match a
like amount in City funds for the completion of final design work; stating that
sufficient funds remain in Capital Project Fund No. 34, Project No. 065100, from this
bond sale to provide funds for this $1,000,000.00 contract; and recommending that the
Minutes of City Council 0-3 Page 287
M&C C-12211 cont.
M&C C-12212 re
interim fixed bas
operator and non-
exclusive public
fueling and tank
farm agreement
THURSDAY, MARCH 8, 1990
City Manager be authorized to execute an amendment to City Secretary Contract No. 17437
with the Fort Worth Cultural District Committee for an additional $1,000,000.00 in City
funds to match a $1,000,000.00 grant from the Sid Richardson Foundation, with the term
of the contract to be extended to October 1, 1991. On motion of Council Member
Garrison, seconded by Mayor Pro tempore Gilley, the recommendation was adopted.
There was presented Mayor and Council Communication No. C-12212 from the City
Manager, as follows: I
SUBJECT: INTERIM FIXED BASE OPERATION AND FUELING AGREEMENT FOR FORT WORTH
SPINKS AIRPORT WITH PEGASUS SPINKS, INC.
RECOMMENDATION:
It is recommended that City Council authorize the City Manager to enter into
an interim fixed based operator and non-exclusive public fueling and tank
farm agreement with Pegasus Spinks, Inc. for operation of fueling service,
hangar and aircraft parking at Fort Worth Spinks Airport for a period of time
not to exceed one year from the date of City Council approval.
DISCUSSION:
On February 20, 1990, under M&C C-12178, City Council authorized the buyout
of Rife Island Corporation's fixed based operator leasehold interest and the
termination of the non-exclusive public fueling and tank farm agreement at
Fort Worth Spinks Airport. The action became effective on February 28, 1990.
As an emergency measure to maintain continuity of services, Staff authorized
Pegasus Spinks, Inc. to commence fueling operations effective March 1, 1990.
Staff has informed Pegasus that the emergency action does not, in any way,
guarantee City Council approval of an interim agreement.
Pegasus has absorbed Rife Island's employees and contracted for fueling
equipment and fuel purchases. Staff determined that the interim agreement
with Pegasus was in the best interest of the City. The alternatives were
either to suspend all public service thus inconveniencing airport users or to
assume the responsibilities and liabilities of providing the service using
City employees and thus incurring the associated costs.
Staff members have been discussing possible FBO and Fueling Agreements for
Spinks Airport with Pegasus Spinks, Inc. for the past two months. Due to the
complexity of the proposed agreements and the time required to negotiate
them, Staff feels that an interim agreement with Pegasus is appropriate. It
is estimated that 30 to 45 days will be required to negotiate, finalize and
present complete agreements for action by the City Council.
FINANCING:
No cost to the City will result from this interim agreement except those
normally associated with administering an agreement of this type.
Pegasus will immediately begin paying the following fees to the City:
1. Hangar and Administrative Office Space Monthly Rental - $1230.00
2. Aircraft Parking. Apron Monthly Rental - $615.00
3. Fuel Farm Monthly Usage Fee - $200.00
4. Estimated Fuel Flowage Fees - $4,130.00
5. Misc. Equipment Rental - $600.00
Total estimated revenue - $6,780.00 monthly.
It is estimated that Pegasus will initially dispense approximately 59,000
.gallons of fuel monthly. Fuel flowage fees are levied at $0.07 per gallon.
Miscellaneous equipment rentals include radios, altimeter, furniture,
auxiliary power unit, and telephone system.
City staff will maintain and operate the fuel farm. The fuel, farm usage fee
will recover these costs.
M&C C-12212 adopted On motion of Council Member Garrison, seconded by Council Member Chappell, the
recommendation, as contained in Mayor and Council Communication No. C-12212, was
adopted.
M&C FP -2663 re There was presented Mayor and Council Communication No. FP -2663 from the City
contract for water Manager stating that water main replacements in Byers Avenue and West Jessamine Street
main replacement have been completed in accordance with plans and specifications under Contract
No. 17535 awarded to J.D. Vickers, Inc., on October 31, 1989; and recommending that the
City Council accept as complete water main replacements in Byers Avenue and West
Jessamine Street and authorize final payment in the amount of $20,534.39 to
Minutes of City Council 0-3 Page 288
IM&C FP -2663 cont.
Mr. Brian Thompson
Master Rodrick Ro-
dolfo, and Misses
Cheri Smith and
Mary Figuerea re
W.J. Turner Elemen-
tary School
Adjourned
Y1O
s,
THURSDAY MARCH 8 1990
J.D. Vickers, Inc., with funds available in Street Improvements Fund 67, Retainage
No. 205-017535 and Contract Encumbrance 17535A. It was the consensus of the City
Council that the recommendations be adopted.
Mr. Brian Thompson, Master Rodrick Rodolfo, and Misses Cheri Smith and Mary
Figuerea, representing W.J. Turner Elementary School, appeared before the City Council
and invited the City Council to participate in a protest march against the use of drugs
on March 16, at W.J. Turner Elementary School.
There being no further business, the City
CITY SECRETARY
Minutes of City Council 0-3 Page 289