HomeMy WebLinkAbout1990/05/15-Minutes-City Council1
CITY COUNCIL MEETING
MAY 15, 1990
On the 15th day of May, 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:
s Present Mayor Bob Bolen; Mayor Pro tempore Garey W. Gilley; Council Members Louis J.
Zapata, William N. Garrison, Kay Granger, Eugene McCray, Virginia Nell Webber, and
David Chappell; City Manager David Ivory; City Attorney Wade Adkins; City Secretary
Ruth Howard; with more than a quorum present, at which time the following business was
transacted:
nvocationII The invocation was given by The Reverend Clifford Williams, retired Presbyterian
Minister.
ledge of Allegiance 11 The Pledge of Allegiance was recited.
nutes of May 8, 1990 On motion of Council Member Chappell, seconded by Mayor Pro tempore Gilley, the
proved minutes of the meeting of May 8, 1990, were approved.
oclamaation for Nat'l
ckle Week
reclamation for Nat']
ransportation geek
C's G-8597, G-8598
8612 and L-10098
thdrawn from Consent
ouncii Member Chappel
bstained from voting
n H&C'S G-8597, G-855
-8613 and L-10098
X G-8603 withdrawn
rom consent agenda
pproval of consent
Benda
emonial Trip -
nci l Member Zapata
A proclamation for National Pickle Week was presented to Mr. Gary Dalton,
President of Mrs. Dalton's Best Maid Products.
A proclamation for National Transportation Week was presented to Sabrina Creque,
John Taylor, and Marsha Diviney of The T.
Council Member Chappell requested that Mayor and Council Communication
Nos. G-8597, G-8598, G-8613, and L-10098 be withdrawn from the consent agenda and
advised the City Council that the Mayor and Council Communications involve the Fort
Worth Independent School District and requested permission to abstain from voting on
Mayor and Council Communication Nos. G-8597, G-8598, G-8613, and L-10098.
Council Member Zapata made a motion, seconded by Mayor Pro tempore Gilley, that
Council Member Chappell be permitted to abstain from voting on Mayor and Council
Communication Nos. G-8597, G-8598, G-8613, and L-10098. When the motion was put to a
vote by the Mayor, it prevailed unanimously.
City Manager Ivory requested that Mayor and Council Communication No. G-8603 be
withdrawn from the consent agenda.
On motion of Mayor Pro tempore Gilley, seconded by Council Member Chappell the
consent agenda, as amended, was approved.
Council Member Zapata advised the City Council that he will be making a ceremonial
trip to attend an AOCI Conference as Chairman of the Dallas/Fort Worth International
Airport Board.
proval of ceremonial Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that
ip the ceremonial travel of Council Member Zapata to attend an AOCI Conference as Chairman
of the Dallas/Fort Worth International Airport Board be approved. When the motion was
put to a vote by the Mayor, it prevailed unanimously.
nial Trip - Mayor Bolen advised the City Council that he will be making a ceremonial trip on a
Bolen return flight on the Pier One airplane to attend the Horatio Alger Awards Dinner in
Washington, D.C., on Friday night, May 18, 1990, honoring John Roach of Tandy
Corporation.
roval of ceremonial Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that
p the ceremonial travel of Mayor Bolen to attend the Horatio Alger Awards Dinner in
Washington, D.C., on May 18, 1990, be approved. When the motion was put to a vote by
the Mayor, it prevailed unanimously.
pproval of notices
f claims
t Geurtz
ames Ray Conner,
ater of Claimant on
ehalf of Claimant,
ichael J. Conner
There was presented Mayor and Council Communication No. OCS-122 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:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
2. Claimant:
Date Received:
Date of Incident:
Attorney:
Location of Incident:
Estimate of Damages/
Injuries:
Robert P. Geurtz
May 9, 1990
Undeclared -
Corner of Welch and Wessex
$87.24
Claimant alleges damages to his automobile as
the result of street conditions.
James Ray Conner, father of Claimant on
behalf of Claimant, Michael James Conner
May 9, 1990
November 10, 1989
Dushman and Friedman (Jack Friedman)
2800 North Collins, Arlington, Texas
$1,150,000.00
Minutes of City Council P-3 Page 1
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TUESDAY MAY 15 1990
Mary Davis 6. Claimant: Mary Davis
Date Received: May 9, 1990
Date of Incident: November 10, 1989
Attorney: Woodruff, Fostel, Wren & Simpson (Michael A.
Simpson)
Location of Incident: 2800 North Collins, Arlington, Texas
Estimate of Damages/
Injuries: $575,000.00
Nature of Incident: Claimant alleges damages and injuries as the
result of an accident involving a City -owned
vehicle (police) causing the death of her
daughter (Cassie Bee Davis).
Connell Spain
Nature of Incident:
Claimant alleges damages and injuries as the
Date Received: May 9, 1990
result of an accident involving a City -owned
Attorney: Undeclared
vehicle (police) causing the death of (Cassie
Location of Incident: 3848 Alta Mesa Boulevard
Bee Davis) mother of Michael James Conner.
Brad Campbell, father
3. Claimant:
Brad Campbell, father of claimant, on behalf
of claimant on behalf
of Claimant, Johnny Duane Campbell
of Claimant, Johnny
Date Received:
May 9, 1990
Duane Campbell
Date of Incident:
November 10, 1989
Attorney:
Dushman and Friedman (Jack Friedman)
Location of Incident: I 35 N to 20 W
Location of Incident:
2800 North Collins, Arlington, Texas
Estimate of Damages/
Nature of Incident: Claimant alleges damages to its insured's
Injuries:
$1,150,000.00
Nature of Incident:
Claimant alleges damages and injuries as the
9. Claimant: Karen S. Campbell
result of an accident involving a City -owned
Date of Incident: May 3, 1990
vehicle (police) causing the death of (Cassie
Location of Incident: 2800 block of'Hulen
Bee Davis) mother of Johnny Duane Campbell.
George S. Knight
4. Claimant:
George S. Knight
Nature of Incident: Claimant alleges damages to her automobile as
Date Received:
May 9, 1990 I
Date of Incident:
April 18, 1990
Location of Incident:
3400 Alta Mere Drive at 7100 Hwy 80 W.
Estimate of Damages/
Injuries:
In excess of $150,000.00
Nature of Incident:
Claimant alleges damages and injuries as the
result of an accident involving a City -owned
vehicle (police).
Lena S. Silay
µ
5. Claimant:
Lena S. Silay
Date Received:
May 9, 1990
Date of Incident:
November 11, 1989
Location of Incident:
Japanese Garden
Estimate of Damages/
Injuries:
$895.43
Nature of Incident:
Claimant alleges damages and injuries as the
result of falling on steps of City -owned
property (Japanese Garden).
Mary Davis 6. Claimant: Mary Davis
Date Received: May 9, 1990
Date of Incident: November 10, 1989
Attorney: Woodruff, Fostel, Wren & Simpson (Michael A.
Simpson)
Location of Incident: 2800 North Collins, Arlington, Texas
Estimate of Damages/
Injuries: $575,000.00
Nature of Incident: Claimant alleges damages and injuries as the
result of an accident involving a City -owned
vehicle (police) causing the death of her
daughter (Cassie Bee Davis).
Connell Spain
7. Claimant: Connell Spaiq
Date Received: May 9, 1990
Date of Incident: March 21, 1989
Attorney: Undeclared
Location of Incident: 3848 Alta Mesa Boulevard
Estimate of Damages/
Injuries: $150,000,000.00
Nature of Incident: Claimant alleges damages and injuries as the
result of actions (false arrest) taken by
Fort Worth Police Officers.
Travelers Insurance
8. Claimant: Travelers Insurance
Date Received: May 9, 1990
Date of Incident: Undeclared
Location of Incident: I 35 N to 20 W
Estimate of Damages/
Injuries: $750.00
Nature of Incident: Claimant alleges damages to its insured's
property as result of paint being splatted by
City of Fort Worth painters.
Karen S. Campbell
9. Claimant: Karen S. Campbell
Date Received: May 9, 1990
Date of Incident: May 3, 1990
Location of Incident: 2800 block of'Hulen
Estimate of Damages/
Injuries: $106.71
Nature of Incident: Claimant alleges damages to her automobile as
the result of street conditions.
Garland Frost 10. Claimant: Garland Frost
Date Received: May 8, 1990
Date of Incident: May 7, 1990
Minutes of City Council P-3 Page 2
TUESDAY, MAY 15 1990
Location of Incident: Martin St.
Estimate of Damages/
Injuries: $316.80
Nature of Incident: Claimant alleges damages to his automobile as
the result of street conditions.
Garland Hall Frost 11. Claimant: Garland Hall Frost
Date Received: May 8, 1990
Date of Incident: January 20, 1990
Location of Incident: 3700 block Wilbarger St.
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges damages to his automobile as
the result of street conditions.
Ralph R. Martinez 12. Claimant: Ralph Raymond Martinez
Date Received: May 8, 1990
Date of Incident: March 16, 1990
Location of Incident: Fort Worth Auto Pound
Estimate of Damages/
Injuries: $914.25
Nature of Incident: Claimant alleges loss of property while his
automobile was stored at the Fort Worth Auto
Pound.
Leigh Ann Smith 13. Claimant: Leigh Ann Smith
Date Received: May 8, 1990
Date of Incident: April 13, 1990
Location of Incident: I-30
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges injuries as the result of an
accident involving a City -owned vehicle
(truck).
Dorothy D. Carson 14. Claimant: Dorothy D. Carson
Date Received: May 8, 1990
Date of Incident: December 24, 1989
Location of Incident: 6100 Kenwich
Estimate of Damages/
Injuries: $270.75
Nature of Incident: Claimant alleges damages as the result of a
broken water main.
Waste Mgmt of rt Worth 15. Claimant: Waste Management of Fort Worth, Inc. (Tom
Pate)
Date Received: May 4, 1990
Date of Incident: Undeclared
Location of Incident: Eastside Landfill
Estimate of Damages/
Injuries: $363.88
Nature of Incident: Claimant alleges damages as the result of an
accident involving a City -owned vehicle
(truck).
M.A. Nellis, Jr. 16. Claimant: M.A. Nellis, Jr.
Date Received: May 4, 1990
Date of Incident: March 22, 1990
Location of Incident: Park and Rec. Bldg. (Crestline Road)
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges damages to his automobile
while parked in employee parking lot as
result of City employees painting a fence.
Jack M. Thompson 17. Claimant: Jack M. Thompson
Date Received: May 4, 1990
Date of Incident: March 22, 1990
Location of Incident: Undeclared
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges damages to his automobile as
result of painters painting in the area.
Naval Legal Service 18. Claimant: Naval Legal Service Office, Naval Air
Office Station, Corpus Christi, Texas, on behalf of
Dorothy Koeninger, d/w of Frank Koeninger,
USN, RET
Date Received: May 4, 1990
Date of Incident: August 16, 1989
Location of Incident: City Water Gardens
Estimate of Damages/
Injuries: $1,100.77 to date
Minutes of City Council P-3 Page 3
W
TUESDAY, MAY 15, 1990
Nature of Incident:. Claimant alleges damages and injuries as the
result of a fall.
Dorothy Dosser 19. Claimant: Dorothy Dosser
Date Received: May 4, 1990
Date of Incident: December of 1989
Location of Incident: 5025 McCart
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges damages to her property as
the result of a water main break.
Curtis Hudson 20. Claimant: Curtis Hudson for J.E. Hudson
Date Received: May 4, 1990
Date of Incident: April 11, 1990
Location of Incident: 11612 Wind Creek. Lost Creek
Estimate of Damages/
Injuries: $109.00
Nature of Incident: Claimant alleges removal of personal property
by trash collectors.
Maria Quezada 21. Claimant: Maria Quezada
Date Received: May 4, 1990
Date of Incident: April 16, 1990
Attorney: Brookman & Baird (Robin Baird)
Location of Incident: Downtown Fort Worth - Throckmorton
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges injuries as the result of a
fall while riding a City bus.
Debra A. Henderson 22. Claimant: Debra Ann Henderson
Date Received: May 4, 1990
Date of Incident: March 30, 1990
Location of Incident: Animal Control
Estimate of Damages/
Injuries: $400.00
Nature of Incident: Claimant alleges damages as the result of
actions taken by Fort Worth Animal Control.
It was the consensus of the City Council that the recommendation be adopted.
General Corresponnden a There was presented Mayor and Council Communication No. OCS-123 from the Office of
re to C140 the City Secretary submitting correspondence from Robert G. Wheaton, USN (ret)
regarding the incarceration of The Reverend W.N. Otwell, Jr., and recommending that the
correspondence be referred to the Office of the City Manager. It was the consensus of
the City Council that the recommendation be adopted.
It appearing to the City Council that the City Council on April 4, 1990, set today
Assessment Paving as the date for hearing in connection with the assessment paving of Bourine Street from
Hearing - Bourine St West Vickery Boulevard to Blackmore Avenue and that notice of the hearing has been
given in accordance with Article 1105b, Vernon's Annotated Civil Statutes, Mayor Bolen
asked if there was anyone present desiring to be heard.
BH -0015 Mrs. Martha Lunday, representing the Department of Transportation and Public
Works, appeared before the City Council and advised the City Council that the
independent appraisal performed by Mr. Robert Martin 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; that the independent
appraisal report has been submitted to the City Council; that Mr. Robert Martin is
available for questioning; and called attention of the City Council to Mayor and
Council Communication No. BH -0015, as follows:
SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF BOURINE STREET FROM
W. VICKERY BOULEVARD TO BLACKMORE AVENUE (PROJECT NO. 67-040200-00)
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 Bourine Street from
W. Vickery Boulevard to Blackmore Avenue.
DBUSSTON:
The 1986 Capital Improvement Program approved in March 1986 included funds
for the improvement of Bourine Street from W. Vickery Boulevard to Blackmore
Avenue. The existing street consists of HMAC pavement in poor condition with
no curb and no gutter. It is located in the Como Target Area, and Community
Development Block Grant funds will finance 30 percent of the construction
cost.
Minutes of City Council P-3 Page 4
:Jr
TUESDAY, MAY 15, 1990
On April 4, 1990 (M&C G-8547), the City Council established May 15, 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 7.
PROPOSED IMPROVEMENTS:
It is proposed to improve this segment of Bourine Street by constructing
six-inch thick reinforced concrete pavement with seven-inch high attached
concrete curb on a six-inch thick lime -stabilized subgrade so that the
finished roadway will be thirty feet wide on a sixty foot right-of-way.
Six-inch thick concrete driveway approaches will be constructed where shown
on the plans.
ASSESSMENTS:
This street has not 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.
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.
BH -0015 Continued Council Member McCray made a motion, seconded by Council Member Chappell, that the
One Week benefit hearing for the assessment paving of Bourine Street from West Vickery Boulevard
to Blackmore Avenue be continued for one week. .When the motion was put to a vote by
the Mayor, it prevailed unanimously.
Assessment Paving It appearing to the City Council that the City Council on April 17, 1990, set
of Papurt Drive today as the date for hearing in connection with the assessment paving of Papurt Drive
from I -35W to Leming Street and Leming Street from I -35W to Papurt Drive and that
notice of the hearing has been given in accordance with Article 1105b, Vernon's
Annotated Civil Statutes, Mayor Bolen asked if there was anyone present desiring to be
heard.
BH -0016 Mrs. Martha Lunday, representing the Department of Transportation and Public
Works, appeared before the City Council and advised the City Council that the
independent appraisal performed by Mr. Robert Martin 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; that the independent
appraisal report has been submitted to the City Council; that Mr. Robert Martin is
available for questioning; and called attention of the City Council to Mayor and
Council Communication No. BH -0016, as follows:
SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF PAPURT DRIVE FROM
I -35W TO LEMING STREET AND LEMING STREET FROM I -35W TO PAPURT DRIVE
(PROJECT NO. 67-040172-00)
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 Papurt Drive, from I -35W
to Leming Street, and Leming Street, from 1-35W to Papurt Drive.
DISCUSSION:
On September 4, 1987, the Street Superintendent for the City of Fort Worth
advised staff that it was not possible to further maintain Leming and Papurt
Streets at I -35W. The pavement had deteriorated to the degree of being a
traffic hazard, and reconstruction was recommended.
Councilman Zapata was contacted for approval of design and financing and
concurred with staff's recommendation that the project should be initiated.
The new street design provides for a wider street, wider turn radii at the
intersections with I -35W, and wider driveway approaches. All adjacent
property to the project is zoned commercial and industrial.
Some improvements were made in 1979 and 1986 to sidewalks, curbing and
driveway approaches, and the assessments reflect the appropriate credit.
Minutes of City Council P-3 Page 5
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
$37,200.00 (13%) for the property owners and $257,270.00
(87%) 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.
BH -0015 Continued Council Member McCray made a motion, seconded by Council Member Chappell, that the
One Week benefit hearing for the assessment paving of Bourine Street from West Vickery Boulevard
to Blackmore Avenue be continued for one week. .When the motion was put to a vote by
the Mayor, it prevailed unanimously.
Assessment Paving It appearing to the City Council that the City Council on April 17, 1990, set
of Papurt Drive today as the date for hearing in connection with the assessment paving of Papurt Drive
from I -35W to Leming Street and Leming Street from I -35W to Papurt Drive and that
notice of the hearing has been given in accordance with Article 1105b, Vernon's
Annotated Civil Statutes, Mayor Bolen asked if there was anyone present desiring to be
heard.
BH -0016 Mrs. Martha Lunday, representing the Department of Transportation and Public
Works, appeared before the City Council and advised the City Council that the
independent appraisal performed by Mr. Robert Martin 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; that the independent
appraisal report has been submitted to the City Council; that Mr. Robert Martin is
available for questioning; and called attention of the City Council to Mayor and
Council Communication No. BH -0016, as follows:
SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF PAPURT DRIVE FROM
I -35W TO LEMING STREET AND LEMING STREET FROM I -35W TO PAPURT DRIVE
(PROJECT NO. 67-040172-00)
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 Papurt Drive, from I -35W
to Leming Street, and Leming Street, from 1-35W to Papurt Drive.
DISCUSSION:
On September 4, 1987, the Street Superintendent for the City of Fort Worth
advised staff that it was not possible to further maintain Leming and Papurt
Streets at I -35W. The pavement had deteriorated to the degree of being a
traffic hazard, and reconstruction was recommended.
Councilman Zapata was contacted for approval of design and financing and
concurred with staff's recommendation that the project should be initiated.
The new street design provides for a wider street, wider turn radii at the
intersections with I -35W, and wider driveway approaches. All adjacent
property to the project is zoned commercial and industrial.
Some improvements were made in 1979 and 1986 to sidewalks, curbing and
driveway approaches, and the assessments reflect the appropriate credit.
Minutes of City Council P-3 Page 5
6
TUESDAY, MAY 15, 1990
On April 17, 1990 (M&C G-8561), the City Council established May 15,
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 2.
PROPOSED IMPROVEMENTS:
It is proposed to improve Papurt Drive, from Interstate 35W to Leming Street,
and Leming Street, from Papurt Drive to Interstate_35W, by constructing
seven-inch thick reinforced concrete pavement with a seven-inch high attached
concrete curb on a six-inch thick lime stabilized subgrade so that the
finished roadway will be thirty-six feet wide on a fifty foot right-of-way.
Four -inch thick concrete sidewalks and six-inch thick concrete driveway
approaches will be constructed where shown on the plans.
ASSESSMENTS:
This street has previously been constructed to City standards. The
properties abutting Papurt Drive and Leming Street are zoned commercial and
industrial and are predominantly vacant. The assessments are based on the
commercial rate.
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 $146,146.26 (52%) for the property owners and $137,508.50
(48%) for the City of Fort Worth at large.
Minutes of City Council P-3 Page 6
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.
Mr. Karl Talker
Mr. Karl Walker, 3299 North Freeway, representing Hertz Rental Equipment, owner of
appeared re Papurt
Block 18, Lot A, Karren Addition, which property is adjacent to Papurt Drive from I -35W
to Leming Street and Leming Street from I -35W to Papurt Drive, appeared before the City
Council and expressed opposition to the proposed assessment of $22,553.52.
Mr. Dark Hamilton
Mr. Mark Hamilton, representing Hertz Rental Equipment, owner of Block 18, Lot 1,
appeared re Papurt
Karren Addition, which property is adjacent to Papurt Drive from I -35W to Leming Street
and Leming Street from I -35W to Papurt Drive, appeared before the City Council and
expressed opposition to the assessment paving of Papurt Drive from I -35W to Leming
Street and Leming Street from I -35W to Papurt Drive.
Mrs. Martha Lunday advised the City Council that the street was declared
unmaintainable by Mr. Mike McKean.
Mr. Mike McKean
Mr. Mike McKean, representing the Department of Transportation and Public Works,
appeared re Papurt
appeared before the City Council and advised the City Council that the streets have
been unmaintainable for three years.
Mr. Jim Schell
Mr. Jim Schell, representing L.R. French, Jr., owner of Blocks 16, 17, and 18,
appeared re Papurt
Karren Addition, which property is adjacent to Papurt Drive from I -35W to Leming
Street, appeared before the City Council and requested that the City Council adjourn
the benefit hearing until 45 to 60 days to allow his client time to obtain an appraisal
of his property.
Mrs. Martha Lunday, representing the Department of Transportation and Public
Works, appeared before the City Council and advised the City Council that bids have
been taken on this project and that the bids would not remain in effect for 45 days.
City Attorney Adkins advised the City Council that Mr. Schell's client has 15 days
in which to appeal the recommendation of the City Council for the assessments in court
and that up, until the City Council takes final action to accept the improvement and
authorize final payment, the assessment can be amended.
Council Member Zapata made a motion, seconded by Mayor Pro tempore Gilley, that
BH -0016 Hearing Close
the hearing be closed and that an ordinance be adopted closing the benefit hearing and
levying the assessments as proposed.
Mr. Schell appeared before the City Council and expressed opposition to the
Mr. Schell. appeared
proposed assessment on the grounds that the paving is unnecessary at this time from
re Papurt - OPPOsit'011
his client's point of view; the assessment should be viewed under Section 7, as well as
Section 9, of State Statute 1105b which gives the Council power in particular cases
which results in injustice or inequality to levy assessments in such proportion that it
deems just and equitable instead of using the front foot rule; that there is not
special benefit provided or enhanced value to his client's property; that his client
has no cash flow from the property proposed for assessment; that the property is
vacant; and that the assessment paving valued at $58,095.00 to his client would be a
loss to his client. Mr. Schell questioned the City Council regarding the enhancement
appraisal prepared by Mr. Robert Martin and requested that the record reflect that none
of the City Council members held up their hands signifying that they had read the
appraisal report.
Minutes of City Council P-3 Page 6
. TUESDAY, MAY 15, 1990
Mrs. Lunday advised the City Council that notices of the public hearing were
Mrs. Martha Lunday, representing the Department of Transportation and Public
Works, appeared before the City Council and advised the City Council that the
BH -0017 independent appraisal performed by Mr. Robert Martin 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; that the independent
appraisal report has been submitted to the City Council; and that Mr. Robert Martin is
available for questioning and called attention of the City Council to Mayor and Council
Communication No. BH -0017, as follows:
SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF EAST TERRELL AVENUE
FROM INTERSTATE 35-W TO MISSOURI AVENUE (PROJECT NO. 67-040192-00)
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 East Terrell Avenue from
Interstate 35-W to Missouri Avenue.
DISCUSSION:
The 1986 Capital Improvement Program approved in March 1986 included funds
for the improvement of East Terrell Avenue from Interstate 35W to Missouri
Avenue. The existing street consists of HMAC pavement in poor condition with
curb and gutter. It is located in the Near Southeast Target Area, and
Community Development Block Grant funds will finance 15 percent of the
construction cost.
On April 4, 1990 (M&C G-8546), the City Council established May 15, 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.
IIPROPOSED IMPROVEMENTS:
It is proposed to improve this segment of East Terrell Avenue by constructing
seven-inch thick reinforced concrete pavement with seven-inch high attached
concrete curb on a six-inch thick cement -stabilized subgrade so that the
finished roadway will be thirty feet wide on a fifty foot right-of-way.
Six-inch thick concrete driveway approaches and four -inch thick concrete
sidewalks will be constructed where shown 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
provided in conjunction with state law.
Mr. Robert Martin
Mr. Robert Martin, independent appraiser, appeared before the City Council and
appeared re Papurt
advised the City Council that the benefit as shown to the property of L.R. French, Jr.,
result from the
is an improvement and an enhancement to the land and not for improvements on the land.
improvements. Based on standard City policy,
Mayor Pro tempore Gilley made a motion, seconded by Council Member Webber, that
Continued BH -0016 to
the hearing for the assessment paving of Papurt Drive from I -35W to Leming Street and
end of agenda
Leming Street from I -35W to Papurt Drive be continued until the end of the agenda.
been computed at
When the motion was put to a vote by the Mayor, it prevailed unanimously.
owners and
Mayor Bolen excused himself from the Council Chamber at this time and Mayor Pro
(74%) for the City
tempore Gilley assumed his chair.
It appearing to the City Council that the City Council on April 4, 1990, set today
Assessment Paving
as the date for hearing in connection with the assessment paving of East Terrell Avenue
Hearing of E. Terrell
from Interstate 35-W to Missouri Avenue and that notice of the hearing has been given
in accordance with Article 1105b, Vernon's Annotated Civil Statutes, Mayor Bolen asked
if there was anyone present desiring to be heard.
Mrs. Martha Lunday, representing the Department of Transportation and Public
Works, appeared before the City Council and advised the City Council that the
BH -0017 independent appraisal performed by Mr. Robert Martin 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; that the independent
appraisal report has been submitted to the City Council; and that Mr. Robert Martin is
available for questioning and called attention of the City Council to Mayor and Council
Communication No. BH -0017, as follows:
SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF EAST TERRELL AVENUE
FROM INTERSTATE 35-W TO MISSOURI AVENUE (PROJECT NO. 67-040192-00)
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 East Terrell Avenue from
Interstate 35-W to Missouri Avenue.
DISCUSSION:
The 1986 Capital Improvement Program approved in March 1986 included funds
for the improvement of East Terrell Avenue from Interstate 35W to Missouri
Avenue. The existing street consists of HMAC pavement in poor condition with
curb and gutter. It is located in the Near Southeast Target Area, and
Community Development Block Grant funds will finance 15 percent of the
construction cost.
On April 4, 1990 (M&C G-8546), the City Council established May 15, 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.
IIPROPOSED IMPROVEMENTS:
It is proposed to improve this segment of East Terrell Avenue by constructing
seven-inch thick reinforced concrete pavement with seven-inch high attached
concrete curb on a six-inch thick cement -stabilized subgrade so that the
finished roadway will be thirty feet wide on a fifty foot right-of-way.
Six-inch thick concrete driveway approaches and four -inch thick concrete
sidewalks will be constructed where shown 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
$17,961.52 (26%) for the property
owners and
$51,206.48
(74%) 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.
Minutes of City Council P-3 Page 7
Eel
TIJESDAY, MAY 15, 1990
BH -0017 hearing There being no one present desiring to be heard in connection with the benefit
closed hearing for the assessment paving of East Terrell Avenue from Interstate 35-W to
Missouri Avenue, Council Member Webber made a motion, seconded by Council Member
Granger, that the hearing be closed and that an ordinance be adopted closing the
benefit hearing and levying the assessments as proposed with the exception that the
assessments against properties located at the west 41 feet, mid 43 feet, and east 41
feet of Lot 1, Block 1, Schlaters Subdivision, be set at $0.00. When the motion was
put to a vote by the Mayor Pro tempore, it prevailed unanimously.
Ordinance closing Council Member Webber introduced an ordinance and made a motion that it be adopted.
benefit hearing of The motion was seconded by Council Member Granger. The motion, carrying with it the
E. Terrell adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Pro tempore Gilley; Council Members Zapata, Garrison,
Granger, McCray, Webber, and Chappell
NOES: None
ABSENT: Mayor Bolen
The ordinance, as adopted, is as follows:
Ordinnace No. 10582 II ORDINANCE NO. 10582
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR
PART OF THE COST OF IMPROVING A PORTION OF EAST TERRELL AVENUE,
FROM INTERSTATE 35-W SERVICE ROAD TO MISSOURI AVENUE, AND PORTIONS
OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF
FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING
PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE
COLLECTION OF ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE
CERTIFICATES, RESERVING TO THE CITY COUNCIL THE RIGHT TO ALLOW
CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE EXTENT OF ANY
CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL
THE ORDINANCE BY COPYING THE CAPTION IN THE MINUTES OF THE CITY
COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE
RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE.
Authorized restructur There was presented Mayor and Council Communication No. G-8583, dated May 1, 1990,
of Home Improvement from the City Manager, as follows:
& Emergency Repair SUBJECT: RESTRUCTURE OF HOME IMPROVEMENT AND EMERGENCY REPAIR LOAN PROGRAM
Loan Program
RECOMMENDATION:
It is recommended that the Home Improvement Loan and the Emergency Repair
Loan programs be restructured as outlined below.
DISCUSSION:
The Housing and Human Services Department administers two programs funded
through Community Development Block Grant monies received by the City, under
which it offers home improvement loans to qualified individuals. The
programs are the Emergency Repair Loan Program and the Home Improvement Loan
Program. In order to more effectively and efficiently meet the needs of the
individuals who are now applying for the loan programs, staff recommends that
changes be made in the program guidelines and administration. The changes
recommended are as follows:
1. It is recommended that the Emergency Repair Loan (ERL) Program be raised
from the current maximum of $3,000 to a maximum of $8,000. This would
continue to be an indefinitely deferred loan program available only to
very low-income homeowners, (at or below 50% of the median family income
adjusted for family size). This program would complete repairs for
safety and structural items such as roofs, electrical systems, plumbing,
and foundations; and
2. It is recommended that the Home Improvement Loan (HIL) program become a
monthly payback type loan program, available only to families whose
incomes are between 50% and 80% of the median adjusted for family size.
The interest on the loan would vary (from 0% up to 9.16%) according to
the gross annual family income. The maximum loan would be $20,000, with
the loan amortized a maximum of 15 years. Families whose gross income
is between 50.1% and 60% would be eligible for a no interest, monthly
payback type loan amortized for a 15 year period. Families whose income
is above 60.1% of medium income will receive loans with a fixed interest
rate up to 9.16%.
BACKGROUND:
On September 30, 1986, the City Council approved the M&C C-9856 which
structured the Home Improvement Loan and Emergency Loan programs in their
current configuration, which is as follows:
Minutes of City Council P-3 Page 8
TUESDAY, MAY 15, 1990
Emergency Repair Loan (ERL)
A. Only applicants with a gross annual income of 50% or less of the
median annual income, (adjusted for family size), are eligible for
participation in the Emergency Repair Loan program.
B. The maximum amount of the Emergency Repair Loan is $3,000.
C. Recipients of $500 or less in repairs will not have a lien filed on
the property and this will be considered as a grant.
D. For recipients who have repairs which cost between $501 and $3,000,
a lien is filed on the property for the amount of the repairs.
Payment on this loan is deferred until the property is sold or is
no longer the homestead of the original eligible applicant or one
of their heirs. A $17.00 filing fee for the recording of the Deed
of Trust and Assignment of Lien is paid by the recipient.
Home Improvement Loan (HIL)
A. The maximum amount of the HIL loan is $20,000. The interest rate
and term depend upon the income of the individual recipient.
B. A lien is filed to secure all Home Improvement Loan funds. The $24
filing fee for the recording of the Deed of Trust and the
Assignment of Lien is paid by the recipient.
C. Recipients whose gross annual income is at or below 50% of the area
median, (adjusted for family size), will not be required to make
monthly payments on the loan. Upon the sale of the property, or
when the property is no longer the homestead of the eligible
recipient or one of their legal heirs, the loan amount is due and
payable to the City.
D. Recipients whose gross annual income is between 50.1% and 60% of
the area median, (adjusted for family size), are required to make
minimum monthly payments of $83.34 for 240 months. No interest is
charged on the loan. Upon the sale of the property, or when the
home is no longer the homestead of the eligible recipient or their
legal heirs, the loan amount is due and payable to the City.
E. HIL loans for recipients whose gross annual income is between 60.1%
and 100% of the area median, (adjusted for family size), are
leveraged through local financial institutions with the City
subsidy repaid in 180 monthly payments at 0% interest. The lower
the family income, the greater the amount of the City subsidy. The
higher the family income, the less the City subsidy.
In the last two years the HIL program has completed 196 rehabilitation jobs
in Fort Worth using the guidelines adopted in 1986. Of the 196, only 11 have
been payback type loans, and all 11 of those were Urban Homestead recipients.
None of the 185 regular NIL program recipient loans were payback type loans.
With our current allocation of $1.38 million in this program, we have funds
to complete about 70 houses each year. Payback loans would allow additional
funding for other loans.
There is currently a waiting list for the HIL program of 160 eligible
clients, (or a two and one-half year wait under current conditions). The
Department stopped accepting applications for the HIL program one year ago,
but continued to take names and addresses of interested families, and now
have more than 375 names on that list. If we continue to operate the
programs using the 1986 guidelines, people applying for home repairs today
will not receive services until late 1998.
Each Neighborhood Advisory Council was presented the proposed guidelines.
There was no opposition to the guidelines during discussion.
The Community Development Council recommended adoption of the guidelines at
its March 12, 1990 meeting.
FINANCING -
The revised program will not require additional funding.
On motion of Council Member Webber, seconded by Council Member Granger, the
recommendation, as contained in Mayor and Council Communication No. G-8583, was
adopted.
Denied M&C No. G-8590 There was presented Mayor and Council Communication No. G-8590, dated May 8, 1990,
from the City Manager.
Council Member Webber made a motion, seconded by Council Member Granger, that
Mayor and Council Communication No. G-8590, Designation of Records Management Officer,
Minutes of City Council P-3 Page 9
1.0
TUESDAY, MAY 15, 1990
be denied. When the motion was put to a vote by the Mayor Pro tempore, it prevailed
unanimously.
Approved Records Mgr There was presented Mayor and Council Communication No. G-8590 (Revised) from the
Officer City Manager stating that Chapter 203.025 of the_new Texas Local Government Records Act
provides that by June 1, 1990, the governing body of each local government shall
designate a Records Management Officer; that the City presently has a Records Manager,
Martha Chambers, whose responsibilities are those laid out in Chapter 203.023 of the
new Act, entitled Duties of Records Management Officer; that, in order to meet
requirements of the Act, Martha Chambers must be officially designated as the Records
Management Officer and the name must be entered on the minutes of the governing body
and filed by the Records Management Officer with the Director and Librarian of the
Texas State Library within 30 days of the date of designation; and by this action of
the City Council in no way alters, expands, or limits the duties and the
responsibilities of the Office of the City Secretary as set out in the Charter of the
City of Fort Worth; and recommending that the City Council designate Martha Chambers,
Records Manager, as the Records Management Officer for the City of Fort Worth.
City Manager Ivory advised the City Council of an amendment to be made to Mayor
and Council Communication No. G-8590 (Revised), with the last paragraph to read: This
action by the City Council in no way alters, expands, or limits the authority, duties
or responsibilities of the Office of the City Secretary concerning the records of the
City Council and any others under the care, custody, and control of the City Secretary
as predescribed by state law, the Charter and ordinances of the City of Fort Worth and
directors of the Fort Worth City Council.
Council Member Granger made a motion, seconded by Council Member Zapata, that
Mayor and Council Communication No. G-8590 (Revised) as amended be approved. When the
Council Member Granger made a motion, seconded by Council Member Garrison, that
the recommendations, as contained in Mayor and Council Communication No. G-8597, be
approved. 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,
Garrison, Granger, McCray, and Webber
NOES: None
ABSENT: None
NOT VOTING: Council Member Chappell
Ordered improvements la There was presented Mayor and Council Communication No. G-8598 from the City
Crenshaw Avenue and Manager stating that the Fort Worth Independent School District has made major
set benefit hearing improvements to the D. McRae Elementary School, and improvements to Crenshaw Avenue
date abutting the school site are considered essential; that Community Facilities Agreement
No. 16429 has been executed by the Fort Worth ISD, owner of 50 percent of the adjacent
property; that, although Crenshaw Avenue is in a targeted area, it is not part of the
1986 Capital Improvement Program, and no CDBG funds are available to finance the street
construction; that the project is located in Council District 5; that the total
estimated cost of the assessment is $247,511.00; stating that financing for the project
will be established at the time of the contract award; and recommending that the City
Council:
Minutes of City Council P-3 Page 10
motion was put to a vote by the Mayor Pro tempore, it prevailed unanimously.
At this time Mayor Bolen assumed his chair at the Council table.
Ordered improvement t
There was presented Mayor and Council Communication No. G-8597 from the City
Fitzhugh Avenue and
Manager stating that the Fort Worth Independent School District has made major
set benefit hearing
improvements to the D. McRae Elementary School, and improvements to Fitzhugh Avenue
date
abutting the school site are considered essential; that, although, Fitzhugh Street is a
targeted area, it is not part of the 1986 Capital Improvement Program, and no CDBG
funds are available to finance the street construction; that the project is located in
Council District 5; that the total estimated cost of the assessment is $252,343.52;
stating 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 Fitzhugh Avenue
from Bishop Street to Campbell Street;
2. Authorize the assessment of a portion of the cost of the improvements to
Fitzhugh 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 June 12, 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.
Council Member Granger made a motion, seconded by Council Member Garrison, that
the recommendations, as contained in Mayor and Council Communication No. G-8597, be
approved. 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,
Garrison, Granger, McCray, and Webber
NOES: None
ABSENT: None
NOT VOTING: Council Member Chappell
Ordered improvements la There was presented Mayor and Council Communication No. G-8598 from the City
Crenshaw Avenue and Manager stating that the Fort Worth Independent School District has made major
set benefit hearing improvements to the D. McRae Elementary School, and improvements to Crenshaw Avenue
date abutting the school site are considered essential; that Community Facilities Agreement
No. 16429 has been executed by the Fort Worth ISD, owner of 50 percent of the adjacent
property; that, although Crenshaw Avenue is in a targeted area, it is not part of the
1986 Capital Improvement Program, and no CDBG funds are available to finance the street
construction; that the project is located in Council District 5; that the total
estimated cost of the assessment is $247,511.00; stating that financing for the project
will be established at the time of the contract award; and recommending that the City
Council:
Minutes of City Council P-3 Page 10
11
1. Declare the necessity for and order the improvements to Crenshaw Avenue
from Bishop Street to Campbell Street;
2. Authorize the assessment of a portion of the cost of the improvements to
Crenshaw 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 June 12, 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.
Council Member Granger made a motion, seconded by Council Member Garrison, that
the recommendation, as contained in Mayor and Council Communication No. G-8598, be
approved. 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,
Garrison, Granger, McCray, and Webber
NOES: None
ABSENT: None
NOT VOTING: Council Member Chappell
Ordered improvements to There was presented Mayor and Council Communication No. G-8599 from the City
Oleander Street and Manager stating that the 1986 Capital Improvement Program approved in March 1986
set benefit hearing included funds for the improvement of Oleander Street from Evans Avenue to 375 feet
date East of Stone Street; that the existing street consists of HMAC pavement in poor
condition with some curb and gutter; that this street is in the Near Southeast Target
Area and has never previously been constructed to City standards; that the Community
Development Block Grant funds will provide 30 percent of the construction cost; that
the project is located in Council District 8; that the proposed total estimated cost of
the assessment is $234,931.31; stating that financing for this 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 Oleander Street
from Evans Avenue to 375 feet East of Stone Street;
2. Authorize the assessment of a portion of the cost of the improvements to
Oleander 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 June 12, 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.
It was the consensus of the City Council that the recommendations be adopted.
Ordered improvements to There was presented Mayor and Council Communication No. G-8600 from the City
,Calmont--.j-- Street and Manager stating that the 1986-88 Capital Improvement Program approved in March 1986
set benefit hearing included funds for the improvement of Calmont Avenue from La Palma Drive to Las Vegas
date Trail; that the existing street consists of HMAC pavement in poor condition with curb
and gutter; that the abutting properties are all zoned commercial; therefore,
assessments against all abutting properties are proposed; that the project is located
in Council District 3; that the total estimated cost of the assessment is $192,438.04;
stating 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 Calmont Avenue,
from La Palma Drive to Las Vegas Trail;
2. Authorize the assessment of a portion of the cost of the improvements to
Calmont 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 June 12, 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.
It was the consensus of the City Council that the recommendations be adopted.
Minutes of City Council P-3 Page 11
TUESDAY, MAY 15, 1990
Ordered immprovements There was presented Mayor and Council Communication No. G-8601 from the City
to North Crump Street Manager stating that the 1986 Capital Improvement Program approved in March 1986
and set benefit hear- included funds for the improvement of North Crump Street from 29th Street to Long
ing date Avenue; that the existing street consists of HMAC pavement in poor condition with some
curb and gutter; that the street is in the Diamond Hill Targeted Area and has never
previously been constructed to City standards; that Community Development Block Grant
funds will provide 30 percent of the construction cost; that the project is located in
Council District 2; that the total estimated cost of the assessment is $298,286.63;
stating 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 North Crump
Street from 29th Street to Long Avenue;
2. Authorize the assessment of a portion of the cost of the improvements to
North Crump 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 June 12, 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.
It was the consensus of the City Council that the recommendations be adopted.
Ordered improvements There was presented Mayor and Council Communication No. G-8602 from the City
to Flay Street and set Manager stating that the 1986 Capital Improvement Program approve in March 1986
benefit hearing date included funds for the improvement of May Street from Felix Street to Kellis Road; that
May Street has never previously been construction to City standards; therefore, all
adjoining properties are being assessed; that the property zoned and used for one- or
two-family residences is being assessed at the residential rate of $18.44 for pavement
and $1.87 for curb; that the project is located in Council District 8; that the total
estimated cost of the assessment is $231,434.28; stating 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 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;
On motion of Council Member Zapata, seconded by Council Member Granger, the
recommendation, as amended, was adopted.
Council Member Zapata introduced an ordinance and made a motion that it be adopted.
The motion was seconded by Council Member Granger. The motion, carrying with it the
adoption of said 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:
Minutes of City Council P-3 Page 12
4. Establish June 12, 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.
It was the consensus of the City Council that the recommendations be adopted.
Ordinance revising
There was presented Mayor and Council Communication No. G-8603 from the City
front foot charges
Manager recommending that an ordinance be adopted amending Section 35-58 of Chapter 35
for water and sanitar
of The Code of the City of Fort Worth (1986), amending Ordinance No. 10463 for proposed
sewer connections
changes in front foot charges for water and sanitary sewer connections.
City Manager Ivory advised City Council of a correction to the second line of the
recommendation of Mayor and Council Communication No. G-8603 to read amending Ordinance
No. 10463, and advised City Council of amendment to be made to the first line of the
ordinance to include Chapter 35.
On motion of Council Member Zapata, seconded by Council Member Granger, the
recommendation, as amended, was adopted.
Council Member Zapata introduced an ordinance and made a motion that it be adopted.
The motion was seconded by Council Member Granger. The motion, carrying with it the
adoption of said 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:
Minutes of City Council P-3 Page 12
13 .
:TUESDAY, MAY 15, 1990
Ordinance No. 10583 11 ORDINANCE NO. 10583
AN ORDINANCE AMENDING SECTION 35-58, OF CHAPTER 35 OF THE CODE OF
THE CITY OF FORT WORTH (1986), AS AMENDED, BY REVISING CERTAIN
WATER CHARGES; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCE;
REPEALING ALL ORDINANCES AND PROVISIONS OF THE CODE OF THE CITY OF
FORT WORTH IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
Temporary street clo- There was presented Mayor and Council Communication No. G-8604 from the City
sure of Main Street Manager stating that Sundance Square is sponsoring a giant sidewalk/street sale from
5:00 p.m. until 8:00 p.m. on Thursday, May 24, 1990; that there also will be a display
of Sundance West, strolling musicians, and small food and beverage booths; that, to
ensure the safety of the participants and spectators of this event, Sundance Square is
requesting approval of City Council to temporarily close Main Street from 2nd to 3rd
Streets on Thursday, May 24, 1990, and, in case of rain, Thursday, May 31, from
3:00 p.m. until 8:00 p.m.; and recommending that the City Council approve the temporary
street closure request of Sundance Square for Main Street between 2nd and 3rd Streets
on Thursday, May 24, 1990, from 3:00 p.m. until 8:00 p.m. It was the consensus of the
City Council that the recommendation be adopted. -
Temporary street clo- There was presented Mayor and Council Communication No. G-8605 from the City
sure of Main Street Manager stating that the Texas Association of Realtors will sponsor a reception in
General Worth Square June 22, 1990; that it will provide two off-duty policeman,
barricades, and a certificate of liability insurance for this event; that, to ensure
the safety of their guests, the Texas Association of Realtors is requesting approval of
City Council to temporarily close Main Street from 8th to 9th Streets from 2:30 p.m.
until 7:30 p.m. Friday, June 22, 1990; and recommending that the City Council approve
the request of the Texas Association of Realtors to temporarily close Main Street from
8th to 9th from 2:30 p.m. until 7:30 p.m. on Friday, June 22, 1990. It was the
consensus of the City Council that the recommendation be adopted.
Temporary street clo- There was presented Mayor and Council Communication No. G-8606 from the City
sure of E. Exchange Manager stating that, for the past 13 years, the Chisholm Trail Round -Up has been
presented one weekend annually in the Stockyards National Historic District; that the
celebration will be held June 8-10, 1990; that Chisholm Trail Round -Up, Inc., will
provide liability insurance, the necessary barricades, signage to re-route traffic,
full indemnification of the City with respect to claims related to the event and the
street closings, off duty police for traffic and crowd control, trash and litter
control, and restoration of the site to its condition prior to the event; that Chisholm
Trail Round -Up, Inc., is requesting approval to charge admission fees of $2.50 for
adults (children twelve and under will be admitted free); and recommending that the
City Council approve the street closure request of Chisholm Trail Round -Up, Inc., for
the following streets:
* 6:00 a.m. Friday, June 8 to 11:59 p.m. Sunday, June 10, 1990
E. Exchange Avenue from N. Main to Packers Avenue
W. Exchange Avenue from N. Main to Houston Street
Ellis Avenue from N.W. 24th to N.W. 25th Street
N.W. 25th Street from N. Main Street to Ellis Avenue
Rodeo Plaza from E. Exchange Avenue to Stockyards Boulevard
* 3:00 p.m. Friday, June 8 to 11:59 p.m. Sunday, June 10, 1990
N. Main Street from N.W. 24th to N.W. 26th Street
It was the consensus of the City Council that the recommendation be adopted.
Authorization of sani There was presented Mayor and Council Communication No. G-8607 from the City
tary sewer replacement Manager recommending that a work authorization be authorized in accordance with AR3-3
for Sanitary Sewer L-830 located in Sunrise Avenue, from Cromwell east to dead end, for
a total estimated project cost of $36,219.44, with funds available in Water and Sewer
Operating Fund 45, Account No. 70-70-04, Index Code 387886. It was the consensus of
the City Council that the recommendation be adopted.
Approved settlement There was presented Mayor and Council Communication No. G-8608 from the City
Like New Auto Parts Manager stating that Like New Auto Parts filed a lawsuit concerning its April 1989
purchase, at public auction, of a surplus City vehicle and contended that there is a
discrepancy between the year model of the vehicle as indicated on the title provided by
the City and the actual year model of the vehicle; that the proposed $5,000.00
settlement consists of a refund by the City of the $4,000.00 purchase price,
reimbursement of $259.50 in vehicle repair paid for by purchaser following delivery of
the vehicle, and the remainder in satisfaction of any monetary damages incurred by the
purchaser; that the plaintiff will return the vehicle and title to the City; stating
that funds are available in Commercial/City Self -Insurance Fund 71, Account
No. 15-71-20, Index Code 399188; and recommending that the City Council approve and
authorize the expenditure of $5,000.00 and payment of the City's court costs in
settlement of all claims against the City of Fort Worth, Cause No. 89-35964-1, and that
the City Manager or his authorized representative be authorized to execute the
appropriate settlement documents, if any are required, necessary to complete the
settlement. It was the consensus of the City Council that the recommendation be
adopted.
Minutes of City Council P-3 Page 13
14
TUESDAY, MAY 15, 1990
Approved settlement There was presented Mayor and Council Communication No. G-8609 from the City
Don P. Barrett, John Manager stating that the lawsuit of Don P. Barrett versus Pendley's Rent -All, Inc., and
Pendley John Pendley, City of Fort Worth, et al, Cause No. 141-96485-86 arose out of a motor
vehicle accident which occurred on or about March 1, 1986, at or near 1600 West Berry
Street, Fort Worth, Texas; that suit has been filed against both the City and Michel
Carroll alleging negligent operation of a motor vehicle; that the City has filed a
cross-claim seeking recovery of its vehicular property damage; that, if approved by
City Council, the settlement will result in the payment of $11,700.00 by the City to -
the plaintiff; that, as part of the settlement,. the City will recover $2,000.00 for
property damage to its vehicle and will dismiss its above-mentioned cross-claim, with
prejudice; that the settlement will not involve an admission of liability by either the
City or Michel Carroll, and it will resolve the claim against both such parties; that
the total settlement payments to plaintiff will amount to $14,950.00, with one of the
other defendants, John Randall Pendley, contributing $3,250.00 to the settlement;
stating that funds are available in Commercial/City Self -Insurance Fund 71, Account
No. 15-71-20, Index Code 399188; and recommending that the City Council approve the
settlement and authorize expenditure of $11,700.00 by the City as part of the
settlement, and further recommending that the City Council authorize dismissal of the
City's cross-claim in this case, with prejudice, payment of certain court costs, and
authorize appropriate City personnel to execute the documents necessary to accomplish
this settlement. It was the consensus of the City Council that the recommendation be
adopted.
Adopted ordinance There was presented Mayor and Council Communication No. G-8610 from the City
authorizing issuance Manager, as foll.ows:
of replacement bonds
and coupons SUBJECT: CONCURRENT ORDINANCE OF THE CITIES OF FORT WORTH AND DALLAS
AUTHORIZING THE ISSUANCE OF TWO $5,000 REPLACEMENT BONDS AND
INTEREST COUPONS TO REPLACE DALLAS -FORT WORTH REGIONAL AIRPORT
AMERICAN SPECIAL FACILITIES REVENUE BONDS (SERIES 1979)
RECOMMENDATION:
It is recommended that the attached concurrent ordinance authorizing the
issuance of replacement bonds and coupons be adopted by the City Council of
the City.of Fort Worth.
BACKGROUND:
The Cities of Dallas and Fort Worth by ordinance passed concurrently on
December 6, 1978, and December 5, 1978, authorized the issuance of and sold
their Dallas -Fort Worth Regional Airport American Special Facilities Revenue
Bonds, Series 1979, in the aggregate principal amount of $147,000,000, dated
January 1, 1979. The two following bonds of the above-described series of
bonds are outstanding and unpaid:
Bonds No. 7025 and 7026, each in the denomination of $5,000, and
bearing interest at the rate of 6.85 percent per annum, payable
semi-annually on each November 1 and May 1 (Interest Coupon due
May 1, 1988 and subsequent coupons appertaining thereto unpaid),
and maturing November 1, 1998.(the "Lost Bonds and Coupons").
An affidavit in due form verified by B. McKinney, authorized representative
of Merrill Lynch, Pierce, Fenner and Smith, Incorporated, the owner of such
bonds, to the effect that on or about December 4, 1987, it was discovered
that the bonds had been lost in the course of shipment by the United States
mail and the bonds are believed to have been lost, destroyed or wrongfully
taken, and cannot be found after a diligent search, has been received and is
on file in the offices of the Director of Finance of the Dallas -Fort Worth
International Airport. At the time the loss occurred, interest coupon due
May 1, 1988, and subsequent coupons were attached to the bonds, and therefore
neither said coupons nor any subsequent coupons have been presented for
payment. Merrill Lynch, Pierce, Fenner and Smith, Incorporated, as
principal, and Federal Insurance Company, as obligor, have posted a bond of
indemnity to indemnify the Dallas -Fort Worth International Airport Board,
City of Fort Worth, City of Dallas, and the paying agents, from any and all
claims, actions or suits, and any and all costs and expenses, together with
reasonable attorneys' fees, that may be caused by the issuance of replacement
bonds and coupons to replace the Lost Bonds and Coupons. This indemnity bond
is on file with the Director of Finance of the Dallas -Fort Worth
International Airport.
The Dallas -Fort Worth International Airport Board by Resolution No. 90-016
adopted on January 9, 1990, requested and recommended that the City Councils
of the Cities of Dallas and Fort Worth pass an ordinance to authorize the
issuance of replacement bonds and coupons to replace the Lost Bonds and
Coupons.
It is understood and agreed with the owner of the Lost Bonds and Coupons that
the adoption of the attached ordinance and the performance of each and every
act ordered by such ordinance and any act or expenditure incidental thereto
shall be at no cost to the City of Fort Worth, the City of Dallas, or the
Dallas -Fort Worth International Airport and shall be borne entirely and be
Minutes of City Council P-3 Page 14
15
TUESDAY, MAY 15, 1990
the sole liability of Merrill Lynch, Pierce, Fenner and Smith, Incorporated,
the owner of the Lost Bonds and Coupons.
It is the opinion of the Department of Law that all required conditions
precedent to the passage of this concurrent bond ordinance have been
satisfied and that the lost security bond is sufficient to indemnify the City
of Fort Worth in the event the Lost Bonds and Coupons are ever presented for
payment.
It was the consensus of the City Council that the recommendation, as contained in Mayor
and Council Communication No. G-8610, be adopted.
Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
adopted. The motion was seconded by Council Member Chappell. The motion, carrying
with it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor 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. 10584 ORDINANCE NO. 10584
DALLAS -FORT WORTH REGIONAL AIRPORT CONCURRENT
REPLACEMENT BOND ORDINANCE
(SERIES 19799 BOND NOS. 7025 AND 7026)
AN ORDINANCE relating to the authorization and issuance of
replacement bonds to be issued in lieu of "Dallas -Fort Worth
Regional Airport American Special Facilities Revenue Bonds,
Series 1979", numbered 7025 and 7026, all in accordance with the
provisions of Article 715a, V.A.T.C.S.; and providing further
recitals incident and related to said bonds and other purposes of
this ordinance; and providing an effective date.
WHEREAS, the Board of Directors of the Dallas -Fort Worth International
Airport (the "Board") has been notified by Merrill Lynch, Pierce, Fenner &
Smith that the following described bonds have been lost, misplaced or
destroyed, to wit:
"Dallas -Fort Worth Regional Airport American Special Facilities
Revenue Bonds, Series 1979", dated January 1, 1979, being bonds
numbered 7025 and 7026, each in the denomination of $5,000.00
scheduled to mature on November 1, 1998 and bearing interest at the
- rate of 6.85% per annum,
and requested that replacement bonds be issued in lieu thereof; and
WHEREAS, submitted with such notification and request is a sworn
affidavit, executed by B. McKinney of Merrill Lynch, Pierce, Fenner & Smith,
attesting that the above-described bonds were forwarded via United States
Mail to Mr. Tillman F. Reed, 605 Overlook Drive, Kerens, Texas 75144-2213 on
December 4, 1987, and said addressee has submitted a sworn affidavit
attesting the above-described bonds were not received; said bonds cannot be
found and said bonds have not been sold, assigned, endorsed, transferred or
otherwise disposed of in any manner by or on behalf of Merrill Lynch, Pierce,
Fenner & Smith or Tillman F. Reed; and
WHEREAS, the Board has also received an indemnity bond from Merrill
Lynch, Pierce, Fenner & Smith, as Principal, and Federal Insurance Company,
as Surety, agreeing to indemnify and save harmless the Dallas -Fort Worth
International Airport, City of Dallas, Texas and City of Fort Worth, Texas
and NCNB Texas National Bank (successor to Republic National Bank of Dallas
and First Republic Bank Dallas, N.A.), Team Bank, Fort Worth, Texas
(successor to The Fort Worth National Bank and Texas American Bank/Fort
Worth, N.A. and Texas American Bridge Bank/Fort Worth, N.A.) and Morgan
Guaranty Trust Company of New York from and against any and all costs,
actions, suits, damages, charges or expenses incurred with respect to such
lost, mislaid or destroyed bonds and the issuance of replacement bonds in
lieu thereof; and
WHEREAS, the Council hereby finds and determines that the above referred
to instruments and other showings provide protection to the City against
expenses or liability resulting from the issuance of the replacement bonds
and such request for the issuance of the replacement bonds in lieu of the
above-described bonds should be granted; now,.therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH:
Minutes of City Council P-3 Page 15
16
TUESDAY, MAY 15, 1990
Ordinance No. 10584 SECTION 1: That, in lieu of and as replacement for the lost, misplaced
(Cont.) or destroyed "Dallas -Fort Worth Regional Airport American Special Facilities
Revenue Bonds, Series 1979", described in the preamble hereof, there shall be
and there is hereby authorized to be issued two (2) replacement bonds
pursuant to authority conferred by and in accordance with the laws of the
State of Texas, particularly Article 715a, V.A.T.C.S.
SECTION 2: The replacement bonds herein authorized to be issued shall
be numbered 7025D and 7026D, shall be dated December 1, 1989, shall bear
interest at the rate of 6.85% per annum, shall mature November 1, 1998, and
be optional for redemption in the same manner as the bonds which they are
being issued to replace and shall otherwise conform and be subject to all
provisions of the City of Dallas Ordinance No. 16034 adopted December 6,
1978, and City of Fort Worth Ordinance No. 7853 adopted December 5, 1978,
authorizing the issuance of such original bonds.
SECTION 3: The form of the bonds, including the form of the appurtenant
interest coupons, and the form of the registration certificate of the
Comptroller of Public Accounts shall be, respectively, substantially as
follows:
NO.
(Form of Bond)
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF DALLAS AND TARRANT
DALLAS -FORT WORTH REGIONAL AIRPORT
AMERICAN SPECIAL FACILITIES REVENUE BOND
Series 1979
0
$5,000
On the 1st day of November, 1998, the Cities of Dallas and Fort Worth
(herein collectively called the "Cities"), municipal corporations duly
incorporated under the laws of the State of Texas, for value received, hereby
jointly promise to pay to bearer, solely from the revenues and funds
described herein, the total principal sum of
FIVE THOUSAND DOLLARS
and to pay interest thereon from the date hereof to the maturity or earlier
redemption of this bond at the rate of 6.85% per annum, evidenced by
initially attached coupons payable May 1, 1979, and semi-annually thereafter
on each November 1 and May 1. Principal, premium, if any, and interest shall
be payable in lawful money of the United States of America upon surrender of
this bond or the proper coupons as they severally become due, at NCNB Texas
National Bank, Dallas, Texas (successor to Republic National Bank of Dallas),
or at Team Bank, Fort Worth, Texas (successor to The Fort Worth National
Bank), or at Morgan Guaranty Trust Company of New York, New York, New York,
paying agents, without exchange or collection charges to the bearer hereof.
The bonds of this Series (hereinafter called the "Series 1979 Bonds")
maturing on and after November 1, 1989, may be redeemed, at the option of the
Cities, prior to their respective stated maturities in whole at any time on
or after November 1, 1988, or in part by lot within a maturity on November 1,
1988, and on any interest payment date thereafter, from any moneys (other
than the moneys on deposit in the interest and sinking fund therefor) at the
respective redemption prices (expressed as percentages of the principal
amount of bonds thus optionally redeemed) set forth in the table below, plus
accrued interest to the date fixed for redemption to -wit:
. Additionally, Series 1979 Bonds numbered 8,301 to 29,400, both
inclusive, are subject to certain mandatory redemption requirements provided
and established in the jointly adopted ordinance of the Cities known by the
short title 1979 American Airlines Special Facilities Bond Ordinance (the
"Ordinance") authorizing the Series 1979 Bonds. Under such provisions, a
specified number of Series 1979 Bonds maturing November 1, 2005, shall be
selected by lot in each of the years 2000 through 2004 and a specified number
of Series 1979 Bonds maturing November 1, 2012 shall be selected by lot in
each of the years 2006 through 2011. Series 1979 Bonds so selected shall be
redeemed for a redemption price equal to the principal amount thereof and
accrued interest to the date of redemption and without premium. The Series
Minutes of City Council P-3 Page 16
REDEMPTION PERIOD
REDEMPTION
(DATES INCLUSIVE)
PRICE
November
1,
1988
through October
31,
1989
103%
November
1,
1989
through October
31,
1990
102-1/2%
November
1,
1990
through October
31,
1991
102%
November
1,
1991
through October
31,
1992
101-1/2%
November
1,
1992
through October
31,
1993
101%
November
1,
1993
through October
31,
1994
100-1/2%
November
1,
1994
and thereafter
100%
. Additionally, Series 1979 Bonds numbered 8,301 to 29,400, both
inclusive, are subject to certain mandatory redemption requirements provided
and established in the jointly adopted ordinance of the Cities known by the
short title 1979 American Airlines Special Facilities Bond Ordinance (the
"Ordinance") authorizing the Series 1979 Bonds. Under such provisions, a
specified number of Series 1979 Bonds maturing November 1, 2005, shall be
selected by lot in each of the years 2000 through 2004 and a specified number
of Series 1979 Bonds maturing November 1, 2012 shall be selected by lot in
each of the years 2006 through 2011. Series 1979 Bonds so selected shall be
redeemed for a redemption price equal to the principal amount thereof and
accrued interest to the date of redemption and without premium. The Series
Minutes of City Council P-3 Page 16
17
TUESDAY, MAY 15, 1990
Ordinance No. 10584
1979 Bonds
bearing such numbers which
are not thus selected and mandatorily
(Continued)
redeemed during
said years shall be
paid at their
respective stated
maturities.
Said mandatory redemptions and payments
at maturity shall be
accomplished
from moneys required by the
Ordinance to be
deposited into the
interest and
sinking fund for the Series
19?9 Bonds.
In addition, the Series 1979 Bonds shall be redeemed as a whole at any
time not later than 120 days after interest on the Series 1979 Bonds shall be
finally determined, upon the basis of a ruling of the Internal Revenue
Service or a determination by a court of competent jurisdiction, to be
includable for Federal income tax purposes in the income of all recipients
thereof subject to Federal income taxation, provided that such determination
of taxability is a result of the failure to comply with either of the
covenants contained in the Ordinance to the effect that: (i) throughout the
term of the Series 1979 Bonds, the Cities will comply with the requirements
of Section 103(c) of the Internal Revenue Code of 1954, as amended, so that
the Series 1979 Bonds will not at any time become arbitrage bonds as therein
provided; or (ii) the Dallas -Fort Worth Regional Airport Board, acting on
behalf of the Cities, will not expend the proceeds of the Series 1979 Bonds
for any purpose or undertake, or permit American Airlines, Inc. to undertake
or permit, any act or use of the leased premises which would cause such to be
facilities other than those described as exempt facilities in
Section 103(b)(4) of the Internal Revenue Code of 1954, as amended. Series
1979 Bonds redeemed pursuant to this paragraph shall be at a redemption price
equal to the principal amount thereof and accrued interest to the date of
redemption and without premium.
When Series 1979 Bonds shall be redeemed pursuant to any of the
foregoing, the specific bonds to be redeemed shall be determined and a
written notice of such redemption shall be given in the manner specified in
the Ordinance. By the date fixed for any such redemption, due provision
shall be made with .the paying agents for the payment of the principal amount
of the bonds to be so redeemed, redemption premium, if any, and accrued
interest thereon to the date fixed for redemption. If the written notice of
redemption is published, and if due provision for payment is made, all as
provided above, the bonds, which are to be so redeemed, thereby automatically
shall be redeemed prior to maturity, and they shall not bear interest after
the date fixed for redemption, and shall not be regarded as being outstanding
for any purpose except for the purpose of receiving the funds so provided for
such payment.
This bond is one of a duly authorized issue of bonds, dated January 1,
1979, numbered from 1 through 29,400, in the denomination of $5,000 each,
aggregating $147,000,000, issued by the Cities so as to provide funds for the
purpose of acquiring, constructing, fabricating and installing certain
Additional Special Facilities for the jointly owned Dallas -Fort Worth
Regional Airport of the Cities. For the purpose of securing the payment of
the Series 1979 Bonds, the Cities have jointly pledged in the Ordinance their
respective interests in certain moneys therein referred to and defined as
"Pledged Revenues," said pledge being on a parity as to lien and right with
certain previously issued and outstanding bonds of the Cities payable from
the same source, all as defined and referred to in the Ordinance. The term
"Pledged Revenues" includes certain net rents to be derived by the
Dallas -Fort Worth Regional Airport Board (the "Board") under and pursuant to
the terms of a certain American Airlines Special Facilities Lease Agreement
(the "Facilities Agreement"), dated as of October 1, 1972, as supplemented by
two certain American Airlines Supplemental Special Facilities Agreements (the
"Supplemental Facilities Agreements"), dated respectively as of February 1,
1973, and December 1, 1979, the same being executed between the Board and
American Airlines, Inc., a certificated air carrier serving and served by
said Airport. Said Pledged Revenues, including said net rent, will be on
deposit from time to time in various funds referred to and confirmed in the
Ordinance, and are unconditionally and irrevocably committed and pledged to
the purposes specified for said funds including the payment of this and two
other outstanding series of bonds, and other bonds, if any, which may be
issued hereafter. Reference is made to the Ordinance and to the Facilities
Agreement and the Supplemental Facilities. Agreements for a further
description of Pledged Revenues and said net rent, the nature and extent of
the security thereof, a statement of the rights, duties and obligations of
each of the Cities, the rights and remedies of bondholders in the event of
default thereunder, and further rights of bondholders, to all the provisions
of which the holder hereof by the acceptance of this bond assents and agrees.
This bond is a replacement bond issued to replace certain bonds of this
series bearing a date of January 1, 1979 and such replacement bond is of like
tenor and effect as the bond which at is issued to replace except as to its
date of December 1, 1989 and to its execution by officers of the Cities.
As provided in the Ordinance, the obligation of the Cities to pay money
hereon out of Pledged Revenues are joint, and not several, and no claim,
demand, suit or judgment shall ever be asserted, entered or collected against
or from one City without the other and no individual liability shall ever
exceed in the case of Dallas 7/11ths of the total amount thereof, and in the
case of Fort Worth 4/11ths of the total amount thereof, and such sums shall
Minutes of City Council P-3 Page 17
is
TUESDAY. MAY 15, 1990
Ordinance No. 10584 be payable and collectible solely from the funds in which Pledged Revenues
(Cont.) shall from time to time be on deposit.
American Airlines, Inc. has unconditionally guaranteed to NCNB Texas
National Bank, Dallas, Texas (successor to Republic National Bank), as
Trustee on behalf of the holders of the Series 1979 Bonds and the coupons
appertaining thereto the payment of the principal of and premium, if any, and
interest on the Series 1979 Bonds pursuant to a certain Guaranty Agreement
between said parties, dated as of December 1, 1978. Reference is made to
such Guaranty Agreement for a further description of the rights of
bondholders and the obligations of American Airlines, Inc. thereunder.
The holder hereof shall never have the right to demand payment of this
obligation out of any funds raised or to be raised by taxation.
It is hereby certified and recited that all acts and things required by
the Constitution and laws of the State of Texas to be done, to exist, and to
be performed precedent to and in the issuance of this bond and the series of
which it is one, the adoption of the Ordinance and the execution and delivery
of the Facilities Agreement and the Supplemental Facilities Agreements have
been done, do exist and have been performed as so required.
IN WITNESS WHEREOF, the City Council of the City of Dallas, Texas, has
caused the seal of that City to be impressed,. printed or lithographed hereon
and this bond to be signed by the facsimile signature of its Mayor and
countersigned by the facsimile signatures of its City Auditor and its City
Secretary; and the City of Fort Worth, Texas, has caused the seal of that
City to be impressed, printed or lithographed hereon and this bond to be
signed by the facsimile signature of its Mayor, countersigned by the
facsimile signature of its City Secretary, and approved as to form and
legality by the facsimile signature of its City Attorney; and each said City
Council has caused the attached coupons to be signed by the facsimile
signature of the Mayor and City Auditor of the City of Dallas and by the
Mayor and City Secretary of the City of Fort Worth, all as of December 1,
1989.
COUNTERSIGNED:
Mayor, City of Dallas, Texas
City Auditor, City of Dallas, Texas
City Secretary, City of Dallas, Texas
Mayor, City of Fort Worth,
Texas
COUNTERSIGNED:
City Secretary, City of Fort Worth, Texas
APPROVED AS TO FORM AND LEGALITY:
City Attorney, City of Fort Worth, Texas
(FORM OF COUPONS)
NO. $
Unless due provision has been made for the redemption prior to maturity
of the below numbered bond to which this coupon appertains, the City of
Dallas, Texas, and the City of Fort Worth, Texas, jointly promise to pay to
bearer, but solely out of the revenues specified, and subject to the
conditions stated, in said bond at NCNB Texas National Bank, Dallas, Texas
(successor to Republic National Bank of Dallas), or at Team Bank, Fort Worth,
Texas (successor to The Fort Worth National Bank), or at Morgan Guaranty
Trust Company of New York, New York, without exchange or collection charges
to the bearer hereof, the sum specified on this coupon in lawful money of the
United States of America, for interest then due on the below numbered
replacement bond of the issue entitled "Dallas -Fort Worth Regional Airport
American Special Facilities Revenue Bonds, Series 1979", dated December 1,
1989. The holder hereof shall never have the right to demand payment of this
obligation out of any funds raised or to be raised by taxation. Bond
No. D
Mayor, City of Dallas, Texas
Minutes of City Council P-3 Page 18
19:
Ordinance No. 10584 II COUNTERSIGNED:
(Cont.)
City Auditor, City of Dallas, Texas
Mayor, City of Fort Worth, Texas
COUNTERSIGNED:
City Secretary, City of Fort Worth, Texas
(FORM OF COMPTROLLER'S REGISTRATION CERTIFICATE)
OFFICE OF COMPTROLLER
STATE OF TEXAS
REGISTER N0: R-44715
I hereby certify that this bond has been examined, certified as to
validity and approved by the Attorney General of the State of Texas in
accordance with his written approving certificate on file in my office; and
that this bond has been by me this day registered as required by law.
WITNESS my signature and seal this .
Comptroller of Public Accounts
of the State of Texas
(SEAL)
SECTION 4: On the reverse side of said replacement bonds there shall be
printed a true and correct copy of the final opinion of Messrs. Dumas,
Huguenin, Boothman & Morrow, Attorneys, Dallas, Texas, approving such bond as
to its validity, all in like manner and effect as was done with regard to the
bonds being replaced.
SECTION 5: The replacement bonds shall have attached interest coupons
due May 1, 1988 and subsequent in the same manner as the original bonds and
the owner of such replacement bonds may present all coupons to the paying
agent for payment as due.
SECTION 6: The bonds shall be executed by the imprinted facsimile
signatures of the Mayor, City Secretary and City Auditor of the City of
Dallas and the Mayor, City Secretary and City Attorney of the City of Fort
Worth and the interest coupons appertaining thereto shall be executed by the
imprinted facsimile signatures of the Mayor and City Auditor of the City of
Dallas and the Mayor and City Secretary of the City of Fort Worth in office
as of December 1, 1989, which date shall be deemed the date of issuance of
the replacement bonds.
SECTION 7: The replacement bonds and the proceedings relating to their
issuance shall be submitted to the Attorney General of Texas for his
approval, and after his approval, the replacement bonds shall be transmitted
to the Comptroller of Public Accounts for registration. The replacement
bonds shall be registered by the Comptroller of Public Accounts in the same
manner as the original bonds were registered, giving them the same
registration number as the original bonds except that such number shall be
preceded by the letter "R", as noted above, and said Comptroller shall date
his registration certificate as of the date of registration of the
replacement bonds.
SECTION 8: Upon registration, such replacement bonds shall be delivered
to the NCNB Texas National Bank, Dallas, Texas for further handling in
accordance with instructions of the owner of such bonds and upon payment of
all costs of issuance incurred therewith.
SECTION 9: That the preparation and passage of this Ordinance by the
City Councils of the Cities of Dallas and Fort Worth and the performance of
each and every, all and singular, act ordered hereby and all acts and
expenditures incidental thereto shall be at no cost to the City of Dallas or
the City of Fort Worth and shall be borne entirely by and be the sole
liability of Merrill Lynch, Pierce, Fenner & Smith.
SECTION 10: This Ordinance shall take effect immediately from and after
its passage by each City in accordance with the provisions of the respective
Charter of such City.
Authorized payment on There was presented Mayor and Council Communication No. G-8611 from the City
20 lost coupons from Manager, as follows:
Dr=W Regional Airport
Joint Revenue Bonds SUBJECT: RESOLUTION AUTHORIZING PAYMENT OF INTEREST ON LOST DFW AIRPORT
JOINT REVENUE BOND COUPONS
Minutes of City Council P-3 Page 19
20
TUESDAY, MAY 15, 1990
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution
authorizing the paying agents to pay to Grady H. Vaughn III of Dallas Texas
interest due on 20 lost coupons from Dallas -Fort Worth Regional Airport Joint
Revenue Bonds, Series 1972.
BACKGROUND:
On or about May 1, 1988, Grady H. Vaughn III was the owner and holder of
Interest Coupon No. 32 from each of the following Dallas -Fort Worth Regional
Airport Joint Revenue Bonds, Series 1972: Bonds No. 3241, 3242, 4651, 6334,
8076, 9337, 9342, 9348, 11083, 11783, 11848, 15051, 16044, 16260, 18477,
18550, 19484, 20690, 21748 and 22362. Interest on each of such coupons was
due on May 1, 1988, in the amount of $156.25 (a total of $3,125). Mr. Vaughn
states that the coupons were detached from the bonds, were mailed to Banc
Texas Dallas, for payment of interest but were never received by the bank. A
diligent search has been made for the coupons and they cannot be found. It
is presumed that they were lost in the mail. The coupons have matured and
are unpaid and Banc Texas Dallas, the paying agent, declines to make the
interest payments thereon unless authorized to do so by the City of Fort
Worth and the City of Dallas. Mr. Vaughn has submitted a letter certifying
that he is the party entitled to receive payment on the coupons. He has also
provided a surety bond from Fidelity and Casualty Company of New York which
indemnifies the City of Fort Worth, Texas, the City of Dallas, Texas, the
Dallas/Fort Worth Airport Board and Banc Texas Dallas, the paying agent, from
any and all losses, costs and expenses that may be caused by payment to
Mr. Vaughn of interest on the coupons. The indemnity bond is on file with
the City Secretary.
Mr. Vaughn has agreed that the performance of each and every act authorized
by the attached Resolution and any expenditure incidental thereto shall be at
no cost to the City of Fort Worth, the City of Dallas, or DFW Airport and
shall be Mr. Vaughn's sole responsibility.
It is the opinion of the Department of Law that all required conditions
precedent to the passage of the Resolution have been satisfied and that the
indemnity bond is sufficient to indemnify the City of Fort Worth in the event
the lost coupons are ever presented for payment.
It was the consensus of the City Council that the recommendation, as contained in Mayor
and Council Communication No. G-8611, be adopted.
Introduced resolution Mayor Pro tempore Gilley introduced a resolution and made a motion that it be
authorizing payment adopted. The motion was seconded by Council Member Chappell. The motion, carrying
of 20 lost coupons with it the adoption of said resolution, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Webber, and Chappell
Resolution No. 1531
NOES: INone
ABSENT: None
The resolution, as adopted, is as follows:
RESOLUTION NO. 1531
WHEREAS, pursuant to applicable laws, including Article 1269]-5.11 and
46d, V.A.C.S., and a certain in contract and agreement dated as of April 15,
1968 (the "Contract and Agreement"), between the Cities of Dallas and Fort
Worth (the "Cities"), the City Councils respectively, of the Cities, by an
ordinance adopted concurrently on November 11, 1968, and November 12, 1968
(the "1968 Ordinance"), authorized the issuance of and sold their Dallas -Fort
Worth Regional Airport Joint Revenue Bonds, Series 1968; and .
WHEREAS, pursuant to the rights, powers and authorities reserved to the
Cities, authorize the issuance of their Dallas -Fort Worth Regional Joint
Revenue Bonds, Series 1972, in the aggregate principal amount of
$112,000,000, which bonds are dated March 1, 1972, in the denomination of
$5,000 each, consisting of 22,400 bonds numbers in direct numerical order
from 1 through 22,400 and which bonds mature and become due and payable on
November 1 in the years and in the amounts specified in the Concurrent Bond
Ordinance authorizing the issuance of the Series 1972 bonds; and
WHEREAS, such bonds bear interest evidenced by coupons at the rate set
forth in the Concurrent Bond Ordinance authorizing issuance of the Series
1972 bonds; and
WHEREAS, 20 interest coupons on the above-described Series 1972 bonds,
to wit:
Coupon No. 32, due May 1, 1988, on each of the following bonds -
Bonds No. 3241, 3242, 4651, 6334, 8076, 9337, 9342, 9348, 11083,
Minutes of City Council P-3 Page 20
til
TUESDAY, MAY 15, 1990
Resolution No. 1531 11783, 11848, 15051, 16044, 16260, 18477, 18550, 19484, 20690,
(Cont.) 21748 and 22362 (the "Lost Coupons")
have matured and are unpaid; and
WHEREAS, a letter dated September 13, 1989, in due form has been
received from Grady H. Vaughn III, the party entitled to receive the interest
payments on the Lost Coupons, stating that such coupons are lost, which
letter is on file in the office of the City Secretary; and
WHEREAS, Grady H. Vaughn III has provided acceptable indemnity for the
Lost Coupons to each of the Cities, the Dallas -Fort Worth Airport Board and
paying agent for the Series 1972 bonds; and
WHEREAS, the Cities are authorized to direct the paying agent on the
1972 bonds to make the interest payments on the Lost Coupons which payments
have matured and are unpaid;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
Section 1.
That the paying agent or agents for the 1972 bonds, are hereby
authorized and directed to make the interest payment of $156.25 to Grady H.
Vaughn III, 2121 San Jacinto Street, Suite 3000, Lock Box 85, Dallas, Texas
75201 on Coupon No. 32 on each of the following bonds:
Bonds No. 3241, 3242, 4651, 6334, 8076, 9337, 9342, 9348, 11083,
11783, 11848, 15051, 16044, 16260, 18477, 18550, 19484, 20690,
21748 and 22362
due on May 1, 1988 (a total of $3,125), which interest payments are due and
payable.
Section 2.
That the Dallas -Fort Worth International Airport Board and its chairman
and officers, and the City Manager of the City of Fort Worth are hereby
authorized and directed to make such certifications and to execute such
instruments as may be necessary to accomplish the payment of interest on the
Lost Coupons to Grady H. Vaughn III.
Authorized the issuande There was presented Mayor and Council Communication No. G-8612 from the City
of 29 replacement bon s Manager, as follows:
SUBJECT: CONCURRENT ORDINANCE OF THE CITIES OF FORT WORTH AND DALLAS
AUTHORIZING THE ISSUANCE OF 29 $5,000 REPLACEMENT BONDS AND
INTEREST COUPONS TO REPLACE DALLAS -FORT WORTH REGIONAL AIRPORT
AMERICAN SPECIAL FACILITIES REVENUE BONDS (SERIES 1979)
RECOMMENDATION:
It is recommended that the attached concurrent ordinance authorizing the
issuance of replacement bonds and coupons be adopted by the City Council of
the City of Fort Worth.
BACKGROUND:
The Cities of Dallas and Fort Worth by ordinance passed concurrently on
December 6, 1978, and December 5, 1978, authorized the issuance of and sold
their Dallas -Fort Worth Regional Airport American Special Facilities Revenue
Bonds, Series 1979, in the aggregate principal amount of $147,000,000, dated
January 1, 1979. The 29 following bonds of the above-described series of
bonds are outstanding and unpaid:
Bond Numbers 13,410, 13,412, 13,413, 13,417, 13,418, in the
denomination of $5,000, and bearing interest at the rate of 7.125
percent per annum, payable semi-annually on each November 1 and May
1 (interest coupon due May 1, 1988, and subsequent coupons
appertaining thereto unpaid), and maturing November 1, 2005, Bond
Numbers 18,151, 25,113 through 25,115, each in the denomination of
$5,000 and bearing interest at the rate of 7.25 percent per annum,
payable semi-annually on each November 1 and May 1 (interest coupon
due May 1, 1988, and subsequent coupons appertaining thereto
unpaid), and maturing on November 1, 2012, and Bond Numbers 27,875
through 27,887, 27,889 through 27,894, and 27,088 in the
denomination of $5,000 and bearing interest at the rate of 7.25
percent per annum, payable semi-annually on each November 1 and
May 1 (interest coupon due November 1, 1987, and subsequent coupons
appertaining thereto unpaid), and maturing November 1, 2012
(collectively the "Lost Bonds and Coupons").
Minutes of City Council P-3 Page 21
n ,rp
01r.+OX4
TUESDAY, MAY 15, 1990
Affidavits in due form verified by Prudential Bache Securities, Inc., the
owner of such bonds, to the effect that on or about February 1988, it was
discovered that the bonds had been lost from the premises of the owner and
could not be found after a diligent search, has been received and is on file
in the offices of the Director of Finance of the Dallas -Fort Worth
International Airport. At the time the loss occurred, the interest coupons
listed above and subsequent coupons were attached to the bonds, and therefore
neither said coupons nor any subsequent coupons have been presented for
payment. Prudential Bache Securities, Inc., as principal, and Seaboard
Security Company, as obligor, have posted a bond of indemnity to indemnify
the Dallas -Fort Worth International Airport Board, City of Fort Worth, City
of Dallas, and the paying agents, from any and all claims, actions or suits,
and any and all costs and expenses, together with reasonable attorneys' fees,
that may be caused by the issuance of replacement bonds and coupons to
replace the Lost Bonds and Coupons. This indemnity bond is on file with the
Director of Finance of the Dallas -Fort Worth International Airport.
The Dallas -Fort Worth International Airport Board by Resolution No. 90-017
adopted on January 9, 1990, requested and recommended that the City Councils
of the Cities of Dallas and Fort Worth pass an ordinance to authorize the
issuance of replacement bonds and coupons to replace the Lost Bonds and
Coupons.
It is understood and agreed with the owner of the Lost Bonds and Coupons that
the adoption of the attached ordinance and the performance of each and every
act ordered by such ordinance and any act or expenditure incidental thereto
shall be at no cost to the City of Fort Worth, the City of Dallas, or the
Dallas -Fort Worth International Airport and shall be borne entirely and be
the sole liability of Prudential Bache Securities, Inc., the owner of the
Lost Bonds and Coupons.
It is the opinion of the Department of Law that all required conditions
precedent to the passage of this concurrent bond ordinance have been
satisfied and that the lost security bond is sufficient to indemnify the City
of Fort Worth in the event the Lost Bonds and Coupons are ever presented for
payment.
It was the consensus of the City Council that the recommendation, as contained in Mayor
and Council Communication No. G-8612, be adopted.
Ordinance
authorizing
Mayor Pro tempore
Gilley introduced an ordinance and made a motion that it be
the issue
of 29 re-
adopted. The motion was
seconded by Council Member Chappell. The motion, carrying
placement
bonds
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. 10585 ORDINANCE N0. 10585
DALLAS -FORT WORTH INTERNATIONAL AIRPORT CONCURRENT
REPLACEMENT BOND ORDINANCE
(SERIES 1979, BOND NOS. 13,410, 13,412, 13,413, 13,417,
13,418, 18,151, 25,113 through 25,115, 27,875
through 27,887, 27,889 through 27,894, and 29,088)
AN ORDINANCE relating to the authorization and issuance of
replacement bonds to be issued in lieu of "Dallas -Fort Worth
Regional Airport American Special Facilities Revenue Bonds, Series
1979", numbered 13,410, 13,412, 13,413, 13,417, 13,418, 18,151,
25,113 through 25,115, 27,875 through 27,887, 27,889 through
27,894, and 29,088, all in accordance with the provisions of
Article 715a, V.A.T.C.S.; and providing further recitals incident
and related to said bonds and other purposes of this ordinance; and
providing an effective date.
WHEREAS, the Board of Directors of the Dallas -Fort Worth International
Airport (the "Board") has been notified by Prudential-Bache Securities, Inc.
that the following described bonds have been lost, misplaced or destroyed, to
wit:
"Dallas -Fort Worth Regional Airport American Special Facilities
Revenue Bonds, Series 1979", dated January 1, 1979, being bonds
numbered 13,410, 13,412, 13,413, 13,417, 13,418, in the
denomination of $5,000.00 and bearing interest at the rate of
7.125% per annum and bonds numbered 18,151, 25,113 through 25,115,
27,875 through 27,887, 27,889 through 27,894, and 29,088, each in
the denomination of $5,000.00 and bearing interest at the rate of
7.25% per annum,
Minutes of City Council P-3 Page 22
`�3
ti
TUESDAY, MAY 15, 1990
Oedinance No. 10585 II and requested that replacement bonds be issued in lieu thereof; and
(Cont.)
WHEREAS, submitted with such notification and request is sworn
affidavits, executed by David T. Young and John Cirrito of Prudential-Bache
Securities, Inc. attesting that the above-described bonds cannot be found and
said bonds have not been sold, assigned, endorsed, transferred or otherwise
disposed of in any manner by or on behalf of Prudential-Bache Securities,
Inc.; and
WHEREAS, the Board has also received indemnity bonds from
Prudential-Bache Securities, Inc., as Principal, and Seaboard Surety Company,
as Surety, agreeing to indemnify and save harmless the Dallas -Fort Worth
International Airport, City of Dallas, Texas and City of Fort Worth, Texas
and NCNB Texas National Bank (successor to Republic National Bank of Dallas
and First Republic Bank Dallas, N.A.), Team Bank, Fort Worth, Texas
(successor to The Fort Worth National Bank and Texas American Bank/Fort
Worth, N.A. and Texas American Bridge Bank/Fort Worth, N.A.) and Morgan
Guaranty Trust Company of New York from and against any and all costs,
actions, suits, damages, charges or expenses incurred with respect to such
lost, mislaid or destroyed bonds and the issuance of replacement bonds in
lieu thereof; and
WHEREAS, the Council hereby finds and determines that the above referred
to instruments and other showings provide protection to the City against
expenses or liability resulting from the issuance of the replacement bonds
and such request for the issuance of the replacement bonds in lieu of the
above-described bonds should be granted; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH:
SECTION 1: That, in lieu of and as replacement for the lost, misplaced
or destroyed Dallas -Fort Worth Regional Airport American Special Facilities
Revenue Bonds', Series 1979", described in the preamble hereof, there shall be
and there is hereby authorized to be issued twenty-nine (29) replacement
bonds pursuant to authority conferred by and in accordance with the laws of
the State of Texas, particularly Article 715a, V.A.T.C.S.
SECTION 2: The replacement bonds herein authorized to be issued shall
be numbered 13,41OD, 13,412D, 13,413D, 13,417D, 13,418D, 18,151D, shall be
dated December 1, 1989, bear interest at the rate of 7.125% per annum and
shall mature on November 1, 2005 and 25,113D, 25,114D, 25115D, 27,875D,
27,876D, 27,877D, 27,878D, 27,879D, 27,88OD, 27,881D, 27,882D, 27,883D,
27,884D, 27,885D, 27,886D, 27,887D, 27,889D, 27,89OD, 27,891D, 27,892D,
27,893D, 27,894D, and 29,O88D, shall be dated December 1, 1989, shall bear
interest at the rate of 7.25% per annum, and shall mature November 1, 2012.
Said replacement bonds shall be optional for redemption in the same manner as
the bonds which they are being issued to replace and shall otherwise conform
and be subject to all provisions of the City of Dallas Ordinance No. 16034
adopted December 6, 1978, and City of Fort Worth Ordinance No. 7853 adopted
December 5, 1978, authorizing the issuance of such original bonds.
SECTION 3: The form of the bonds, including the form of the appurtenent
interest coupons, and the form of the registration certificate of the
Comptroller of Public Accounts shall be, respectively, substantially as
follows:
(Form of Bond)
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF DALLAS AND TARRANT
DALLAS -FORT WORTH REGIONAL AIRPORT
AMERICAN SPECIAL FACILITIES REVENUE BOND
Series 1979
NO. D $5,000
On the 1st day of November, 20 , the Cities of Dallas and Fort Worth
(herein collectively called the "Cities"), municipal corporations duly
incorporated under the laws of the State of Texas, for value received, hereby
jointly promise to pay to bearer, solely from the revenues and funds
described herein, the total principal sum of
FIVE THOUSAND DOLLARS
and to pay interest thereon from the date hereof to the maturity or earlier
redemption of this bond at the rate of % per annum, evidenced by
initially attached coupons payable May 1, 1979, and semi-annually thereafter
on each November 1 and May 1. Principal, premium, if any, and interest shall
be payable in lawful money of the United States of America upon surrender of
this bond or the proper coupons as they severally become due, at NCNB Texas
Minutes of City Council P-3 Page 23
n
2
"TUESDAY, MAY 15, 1990
Ordinance No. 10585 National Bank, Dallas, Texas (successor to Republic National Bank of Dallas),
(Cont.) or at Team Bank, Fort Worth, Texas (successor to The Fort Worth National
Bank), or at Morgan Guaranty Trust Company of New York, New York, New York,
paying agents, without exchange or collection charges to the bearer hereof.
The bonds of this Series (hereinafter called the "Series 1979 Bonds")
maturing on and after November 1, 1989, may be redeemed, at the option of the
Cities, prior to their respective stated maturities in whole at any time on
or after November 1, 1988, or in part by lot within a maturity on November 1,
1988, and on any interest payment date thereafter, from any moneys (other
than the moneys on deposit in the interest and sinking fund therefor) at the
respective redemption prices (expressed as percentages of the principal
amount of bonds thus optionally redeemed) set forth in the table below, plus
accrued interest to the date fixed for redemption to -wit:
REDEMPTION PERIOD REDEMPTION
DATES INCLUSIVE) PRICE
November 1, 1988 through October 31, 1989 103%
November 1, 1989 through October 31, 1990 102-1/2%
November 1, 1990 through October 31, 1991 102%
November 1, 1991 through October 31, 1992 101-1/2%
November 1, 1992 through October 31, 1993 101%
November 1, 1993 through October 31, 1994 100-1/2%
November 1, 1994 and thereafter 100%
Additionally, Series 1979 Bonds numbered 8,301 to 29,400, both
inclusive, are subject to certain mandatory redemption requirements provided
and established in the jointly adopted ordinance of the Cities known by the
short title 1979 American Airlines Special Facilities Bond Ordinance (the
"Ordinance") authorizing the Series 1979 Bonds. Under such provisions, a
specified number of Series 1979 Bonds maturing November 1, 2005, shall be
selected by lot in each of the years 2000 through 2004 and a specified number
of Series 1979 Bonds maturing November 1, 2012 shall be selected by lot in
each of the years 2006 through 2011. Series 1979 Bonds so selected shall be
redeemed for a redemption price equal to the principal amount thereof and
accrued interest to the date of redemption and without premium. The Series
1979 Bonds bearing such numbers which are not thus selected and mandatorily
redeemed during said years shall be paid at their respective stated
maturities. Said mandatory redemptions and payments at maturity shall be
accomplished from moneys required by the Ordinance to be deposited into the
interest and sinking fund for the Series 1979 Bonds.
In addition, the Series 1979 Bonds shall be redeemed as a whole at any
time not later than 120 days after interest on the Series 1979 Bonds shall be
finally determined, upon the basis of a ruling of the Internal Revenue
Service or a determination by a court of competent jurisdiction, to be
includable for Federal income tax purposes in the income of all recipients
thereof subject to Federal income taxation, provided that such determination
of taxability is a result of the failure to comply with either of the
covenants contained in the Ordinance to the effect that: (i) throughout the
term of the Series 1979 Bonds, the Cities will comply with the requirements
of Section 1O3(c) of the Internal Revenue Code of 1954, as amended, so that
the Series 1979 Bonds will not at any time become arbitrage bonds as therein
provided; or (ii) the Dallas -Fort Worth Regional Airport Board, acting on
behalf of the Cities, will not expend the proceeds of the Series 1979 Bonds
for any purpose or undertake, or permit American Airlines, Inc. to undertake
or permit, any act or use of the leased premises which would cause such to be
facilities other than those described as exempt facilities in Section
1O3(b)(4) of the Internal Revenue Code of 1954, as amended. Series 1979
Bonds redeemed pursuant to this paragraph shall be at a redemption price
equal to the principal amount thereof and accrued interest to the date of
redemption and without premium.
When Series 1979 Bonds shall be redeemed pursuant to any of the
foregoing, the specific bonds to be redeemed shall be determined and a
written notice of such redemption shall be given in the manner specified in
the Ordinance. By the date fixed for any such redemption, due provision
shall be made with the paying agents for the payment of the principal amount
of the bonds to be so redeemed, redemption premium, if any, and accrued
interest thereon to the date fixed for redemption. If the written notice of
redemption is published, and if due provision for payment is made, all as
provided above, the bonds, which are to be so redeemed, thereby automatically
shall be redeemed prior to maturity, and they shall not bear interest after
the date fixed for redemption, and shall not be regarded as being outstanding
for any purpose except for the purpose of receiving the funds so provided for
such payment.
This bond is one of a duly authorized issue of bonds, dated January 1,
1979, numbered from 1 through 29,400, in the denomination of $5,000 each,
aggregating $147,000,000, issued by the Cities so as to provide funds for the
purpose of acquiring, constructing, fabricating and installing certain
Additional Special Facilities for the jointly owned Dallas -Fort Worth
Regional Airport of the Cities. For the purpose of securing the payment of
Minutes of City Council P-3 Page 24
tiS
TUESDAY, MAY 15, 1990
Ordinance No. 10585 the Series 1979 Bonds, the Cities have jointly pledged in the Ordinance their
(Cont.) respective interests in certain moneys therein referred to and defined as
"Pledged Revenues," said pledge being on a parity as to lien and right with
certain previously issued and outstanding bonds of the Cities payable from
the same source, all as defined and referred to in the Ordinance. The term
"Pledged Revenues" includes certain net rents to be derived by the
Dallas -Fort Worth Regional Airport Board (the "Board") under and pursuant to
the terms of a certain American Airlines Special Facilities Lease Agreement
(the "Facilities Agreement"), dated as of October 1, 1972, as supplemented by
two certain American Airlines Supplemental Special Facilities Agreements (the
"Supplemental Facilities Agreements"), dated respectively as of February 1,
1973, and December 1, 1979, the same being executed between the Board and
American Airlines, Inc., a certificated air carrier serving and served by
said Airport. Said Pledged Revenues, including said net rent, will be on
deposit from time to time in various funds referred to and confirmed in the
Ordinance, and are unconditionally and irrevocably committed and pledged to
the purposes specified for said funds including the payment of this and two
other outstanding series of bonds, and other bonds, if any, which may be
issued hereafter. Reference is made to the Ordinance and to the Facilities
Agreement and the Supplemental Facilities Agreements for a further
description of Pledged Revenues and said net rent, the nature and extent of
the security thereof, a statement of the rights, duties and obligations of
each of the Cities, the rights and remedies of bondholders in the event of
default thereunder, and further rights of bondholders, to all the provisions
of which the holder hereof by the acceptance of this bond assents and agrees.
This bond is a replacement bond issued to replace certain bonds of this
series bearing a date of January 1, 1979 and such replacement bond is of like
tenor and effect as the bond which it is issued to replace except as to its
date of December 1, 1989 and to its execution by officers of the Cities.
As provided in the Ordinance, the obligations of the Cities to pay money
hereon out of Pledged Revenues are joint, and not several, and no claim,
demand, suit or judgment shall ever be asserted, entered or collected against
or from one City without the other and no individual liability shall ever
exceed in the case of Dallas 7/11ths of the total amount thereof, and in the
case of Fort Worth 4/11ths of the total amount thereof, and such sums shall
be payable and collectible solely from the funds in which Pledged Revenues
shall from time to time be on deposit.
American Airlines, Inc. has unconditionally guaranteed to NCNB Texas
National Bank, Dallas, Texas (successor to Republic National Bank), as
Trustee on behalf of the holders of the Series 1979 Bonds and the coupons
appertaining thereto the payment of the principal of and premium, if any, and
interest on the Series 1979 Bonds pursuant to a certain Guaranty Agreement
between said patties, dated as of December 1, 1978. Reference is made to
such Guaranty Agreement for a further description of the rights of
bondholders and the obligations of American Airlines, Inc. thereunder.
The holder hereof shall never have the right to demand payment of this
obligation out of any funds raised or to be raised by taxation.
It is hereby certified and recited that all acts and things required by
the Constitution and laws of the State of Texas to be done, to exist, and to
be performed precedent to and in the issuance of this bond and the series of
which it is one, the adoption of the Ordinance and the execution and delivery
of the Facilities Agreement and the Supplemental Facilities Agreements have
been done, do exist and have been performed as so required.
IN WITNESS WHEREOF, the City Council of the City of Dallas, Texas, has
caused the seal of that City to be impressed, printed or lithographed hereon
and this bond to be signed by the facsimile signature of its Mayor and
countersigned by the facsimile signatures of its City Auditor and its City
Secretary; and the City of Fort Worth, Texas, has caused the seal of that
City to be impressed, printed or lithographed hereon and this bond to be
signed by the facsimile signature of its Mayor, countersigned by the
facsimile signature of its City Secretary, and approved as to form and
legality by the facsimile signature of its City Attorney; and each said City
Council has caused the attached coupons to be signed by the facsimile
signature of the Mayor and City Auditor of the City of Dallas and by the
Mayor and City Secretary of the City of Fort Worth, all as of December 1,
1989.
COUNTERSIGNED:
Mayor, City of Dallas, Texas
City Auditor, City of Dallas, Texas
City Secretary, City of Dallas, Texas -
Mayor, City of Fort Worth, Texas
Minutes of City Council P-3 Page 25
Ordinance No. 10585II COUNTERSIGNED•
(Cont.)
City Secretary, City of Fort Worth, Texas
APPROVED AS TO FORM AND LEGALITY:
City Attorney, City of Fort Worth, Texas
(FORM OF COUPONS)
NO.
Unless due provision has been made for the redemption prior to maturity
of the below numbered bond to which this coupon appertains, the City of
Dallas, Texas, and the City of Fort Worth, Texas, jointly promise to pay to
bearer, but solely out of the revenues specified, and subject to the
conditions stated, in said bond at NCNB Texas National Bank, Dallas, Texas
(successor to Republic National Bank of Dallas), or at Team Bank, Fort Worth,
Texas (successor to The Fort Worth National Bank), or at Morgan Guaranty
Trust Company of New York, New York, without exchange or collection charges
to the bearer hereof, the sum specified on this coupon in lawful money of the
United States of America, for interest then due on the below numbered
replacement bond of the issue entitled "Dallas -Fort Worth Regional Airport
American Special Facilities Revenue Bonds, Series 1979", dated December 1,
1489. The holder hereof shall never have the right to demand payment of this
obligation out of any funds raised or to be raised by taxation. Bond
No. D
Mayor, City of Dallas, Texas
COUNTERSIGNED:
City Auditor, City of Dallas, Texas
Mayor, City of Fort Worth, Texas
COUNTERSIGNED:
City Secretary, City of Fort Worth, Texas
(FORM OF COMPTROLLER'S REGISTRATION CERTIFICATE)
OFFICE OF COMPTROLLER
STATE OF TEXAS
REGISTER NO. R-44715
I hereby certify that this bond has been examined, certified as to
validity and approved by the Attorney General of the State of Texas in
accordance with his written approving certificate on file in my office; and
that this bond has been by me this day registered as required by law.
WITNESS my signature and seal this
(SEAL)
SECTION 4• On
printed a true and
Huguenin, Boothman &
to its validity, all
bonds being replaced.
Comptroller of Public
Accounts of the State of Texas
the reverse side of said replacement bonds there shall be
correct copy of the final opinion of Messrs. Dumas,
Morrow, Attorneys, Dallas, Texas, approving such bond as
in like manner and effect as was done with regard to the
SECTION 5: The replacement bonds numbered 27,875D through 27,8870,
27889D through 27,894D and 29008D shall have attached interest coupons due
November 1, 1987 and subsequent and all other replacement bonds authorized
herein shall have attached interest coupons due May 1, 1988 and subsequent in
the same manner as the original bonds and the owner of such replacement bonds
may present all coupons to the paying agent for payment as due.
SECTION 6: The bonds shall be executed by the imprinted facsimile
signatures of the Mayor, City Secretary and City Auditor of the City of
Dallas and the Mayor, City Secretary and City Attorney of the City of Fort
Worth and the interest coupons appertaining thereto shall be executed by
Minutes of City Council P-3 Page 26
Ordinance No. 10585
(Cont.)
the imprinted
of Dallas and
office as of
issuance of the
TUESDAY, MAY 15, 1990
facsimile signatures
the Mayor and City
December 1, 1989,
replacement bonds.
of the Mayor and City Auditor of the City
Secretary of the City of Fort Worth in
which date shall be deemed the date of
SECTION 7: The replacement bonds and the proceedings relating to their
issuance shall be submitted to the Attorney General of Texas for his
approval, and after his approval, the replacement bonds shall be transmitted
to the Comptroller of Public Accounts for registration. The replacement
bonds shall be registered by the Comptroller of Public Accounts in the same
manner as the original bonds were registered, giving them the same
registration number as the original bonds except that such number shall be
preceded by the letter "R", as noted above, and said Comptroller shall date
his registration certificate as of the date of registration of the
replacement bonds.
SECTION 8: Upon registration, such replacement bonds shall be delivered
to the NCNB Texas National Bank, Dallas, Texas for further handling in
accordance with instructions of the owner of such bonds and upon payment of
all costs of issuance incurred therewith.
SECTION
9:' That the
preparation
and passage of this Ordinance by
the
City Councils s
of the Cities
of Dallas and
Fort Worth and the performance
of
each and every,
all and
singular, act ordered hereby and all acts
and
expenditures
incidental thereto shall be
at no cost to the City of Dallas
or
the City of
Fort Worth
and shall be
borne entirely by and be the sole
liability of
Prudential-Bache Securities,
Inc.
ti
SECTION 10: This Ordinance shall take effect immediately from and after
its passage by each City in accordance with the provisions of the respective
Charter of such City.
Ordered improvements There was presented Mayor and Council Communication No. G-8613 from the City
to Campbell Street and Manager stating that the Fort Worth Independent School District has made major
set benefit hearing improvements to the D. McRae Elementary School, and improvements to Campbell Street
date abutting the school site are considered essential; that Community Facilities Agreement
No. 16429 has been executed by the Fort Worth ISD, owner of 50 percent of the adjacent
property; that, although Campbell Street is in a target area, it is not part of the
1986 Capital Improvement Program, and no CDBG funds are available to finance the street
construction; that the project is located in Council District 5; that the total
estimated cost of the assessment is $76,876.00; stating 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 Campbell Street
from Fitzhugh Avenue to Crenshaw Avenue;
2. Authorize the assessment of a portion of the cost of the improvements to
Campbell 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 June 12, 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.
Council Member Zapata made a motion, seconded by Council Member McCray, that the
recommendations, as contained in Mayor and Council Communication No. G-8613, be
approved. 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,
Garrison, Granger, McCray, and Webber
NOES: None
ABSENT: None
NOT VOTING: Council Member Chappell
Revision of Animals There was presented Mayor and Council Communication No. G-8615 from the City
and cowl Ordinance Manager stating that, during the period of time the City Council was considering the
revision of the Chapter 6 "Animals and Fowl" of the City Code, Council received input
from citizens regarding the disposal of animals from the City Animal Control Center;
that currently, staff disposes of animals which are not redeemed by their owners within
three days by one of the following methods: either being placed for adoption in a
suitable home, transferred to a bona fide humane society, kept for City purposes, or
humanely disposed of or destroyed; stating that Attachment "A" is an ordinance amending
Chapter 6, "Animals and Fowl", of The Code of the City of Fort Worth which would
prohibit the City from providing animals from the Animal Control Center for use in
research purposes and Attachment "B" is an ordinance amending Chapter 6, "Animals and
Minutes of City Council P-3 Page 27
TUESDAY, MAY 15, 1990
Fowl", of The Code of the City of Fort Worth allowing the City to provide animals for
medical purposes in compliance with new Section 6-45 (d) of Chapter 6; and recommending
that the City Council adopt Attachment "A" or "B" amending Chapter 6, "Animals and
Fowl", of The Code of the City of Fort Worth, Texas in regard to policy directions to
the staff on the issue of the disposal of animals from the City's Animal Control
Center.
Dr. John Gwin appeare Dr. John Gwin, 3113 South University Drive, appeared before the City Council and
re animals for medica requested that the City Council give favorable consideration for Attachment "B" to
purposes allow the City to provide animals for medical purposes.
Dr. David Rosenberg Dr. David Rosenberg, Pediatric Intensivist for Cooke's Children Hospital and
appeared re animals Course Director for the Pediatric Advance Life Support Course for the American Heart
for medical purposes Association, appeared before the City Council and requested that the City Council give
favorable consideration to the adoption of Attachment "B" allowing the City to provide
animals for medical purposes.
Mr. David Richards Mr. David Richards, President of Texas College of Osteopathic Medicine, 3500 Camp
appeared re animals Bowie, appeared before the City Council in support of Attachment "B" amending
for medical purposes Chapter 6, "Animals and Fowl", of The Code of the City of Fort Worth allowing the City
to sell animals to TCOM for medical purposes.
Dr. Ben Harris appear Dr. Ben Harris, Dean of Research at Texas College of Osteopathic Medicine and
re animals for medical Professor of Biochemistry, appeared before the City Council and requested that the City
purposes Council give favorable consideration to the adoption of Attachment "B" allowing the
City to provide animals for medical purposes.
Dr. Carl Jones appeared Dr. Carl Jones, Associate Dean of Basic Science and Chairman of Physiology,
re animals for medical appeared before the City Council and requested that the City Council give favorable
purposes consideration to the use of pound animals for medical research purposes and advised the
City Council that out of the $28 million budgeted for TCOM only 20% of the funds are
used for the purchase of supplies and animals and advised the City Council that TCOM
does not use a particular pedigree and advised the City Council that pure bred dogs are
not needed for research purposes.
Dr. Egeenee Daniels Dr. Egeenee Daniels, 3500 Camp Bowie, appeared before the City Council in support
appeared re animals of the use of pound animals for medical research purposes and advised the City Council
for medical purposes that none of the animals suffer.
Mr. Tom Hanstrom Mr. Tom Hanstrom, Executive Director of Texas Osteopathic Medicine Association,
appeared re animals appeared before the City Council and presented a resolution in support of the use of
for medical purposes animals for valid medical research projects.
Dr. Kirk Weicht appeared Dr. Kirk Weicht, Veterinarian in Arlington, appeared before the City Council in
re animals for medical support of the use of pound animals for medical research purposes.
purposes Dr. Jenny Freeman, Pediatrics Cardiovascular Surgeon, appeared before the City
Dr. Jenny Freeman
appeared re animals f Council in support of the use of pound animals for research purposes.
research purposes Dr. Patricia Gwirtz, Associate Professor at TCOM, appeared before the City Council
Dr. Patricia Gwirtz
appeared re animals in support of the use of pound animals for medical research at TCOM.
for medical research Mr. Jim Roane, 4505 West Vickery, appeared before the City Council in support of
Mr. Jim Roane appeare
re animals for medical the use of pound animals for medical research purposes.
research purposes Mr. Jim Parr, 2301 Ridgmar Plaza, Chairman Elect of Fort Worth Division of the
Mr. Jim Parr appeared American Heart Association, appeared before the City Council in support of the use of
re animals for medical Pound animals for medical purposes.
purposes
Ms. Susan Parsons Ms. Susan Parsons, '322 Canyon Ridge, Richardson, Texas, appeared before the City
appeared re animals Council and presented correspondence in support of the use of pound animals for medical
for medical purpose research at Texas College of Osteopathic Medicine.
Mr. Leo Benavides Mr. Leo Benavides, Executive Director of Tarrant County Medical Association,
appeared re animals appeared before the City Council in support of the use of pound animals for medical
for medical research research at TCOM.
Mr. Nick Kurko appear Mr. Nick Kurko, representing the Senior Citizens Alliance of Tarrant County, Inc.,
re animals medical re appeared before the City Council and presented a resolution in support of sale of stray
search animals to the Texas College of Osteopathic Medicine for medical research.
Ms. Becky Davis appeareMs. Becky Davis, 5321 Collinwood, Chairman of the Board of American Cancer
re animals for medicalSociety, appeared before the City Council in support of the use of animals from the
purposes City Pound for medical research purposes at TCOM.
Mr. James Hooten ap- Mr. James Hooten, Tarrant County Multiple Sclerosis Association, appeared before
peared re animal medi the City Council in support of the use of animals for medical research purposes at
cal research purpose TCOM.
Mr. David Gray appear - Mr. David Gray, 5706 Sterling Green, first year student at TCOM, appeared before
re animals for medical the City Council in support of the use of pound animals for medical research purposes.
research purposes
Dr. Pamela Gayheart Dr. Pamela Gayheart appeared before the City Council in support of the use of
appeared re animals f Pound animals for medical research purposes.
medical research pur-
poses
Minutes of City Council P-3 Page 28
TUESDAY MAY 15 1990
Ms. Dolores Bailey Ms. Dolores Bailey, second year student at TCOM, appeared before the City Council
appeared re animals representing the student body at TCOM and requested that City Council give favorable
for medical research consideration to the use of pound animals for medical research purposes.
Ms. Elsie Bradford
appeared re animals
medical research
Dr. Donn Martin appea
re animal for medical
research
Dr. -Timothy Bray ap-
peared re animals for
medical research
Dr. Margaret Patoski
appeared re animals
Ms. Elsie Bradford appeared before the City Council and presented a pamphlet
.regarding Sickle Cell Anemia and requested that the City Council support the use of
pound animals for medical research at TCOM.
Dr. Donn Martin appeared before the City Council in support for Texas College of
osteopathic Medicine purchasing dogs from the City of Fort Worth for teaching and
research.
Dr. Timothy Bray, 3417 Clovermeadow, appeared before the City Council in support
of.the use of pound animals for medical research at TCOM.
Dr. Margaret Patoski, 4325 Lovell, appeared before the City Council and expressed
opposition to Attachment "B" of the Animal Control Ordinance and requested that City
Council give favorable consideration to Attachment "A" amending Chapter 6, "Animals and
Fowls", The Code of the City of Fort Worth which would prohibit the City from providing
animals from the Anima Contra Center for use in research purposes.
Dr. John Burns appearel Dr. John Burns, 2514 North Hughes, appeared before the City Council and requested
re animals that City Council give favorable consideration to Attachment "A" which would prohibit
the City from providing animals from the Animal Control Center for use in research
purposes and advised City Council that no one speaking for the approval of
Attachment "A" opposes research of the animals for medical purposes, but that the issue
is where the animals will come from.
Ms. Kara Buchanan Ms. Kara Buchanan, 6608 Sabrosa Court West, appeared before the City Council and
appeared re animals read correspondence on behalf of Dr. Carol H. Buchanan in support of Attachment "A"
prohibiting the City from providing animals from the Animal Control Center for use in
research purposes.
Dr. Yvonne Post appear. dDr. Yvonne Post, 5376 Colony Hill Road, 1983 graduate of TCOM, appeared before the
regarding animals City Council and expressed opposition to the approval of Attachment "B" and requested
that the City Council approve Attachment "A" which would prohibit the City from
providing animals from the Animal Control Center for use in research purposes and
advised the City Council that there are alternative methods for teaching purposes at
TCOM.
Mr. David Knapp Mr. David Knapp, 2200 Winton Terrace East, appeared before the City Council and
appeared re animals advised the City Council that it has previously been stated that TCOM is interested in
saving money and by allowing the City to provide animals for medical purposes for TCOM
is a cheap and reliable source of animals for research for TCOM and that TCOM is
interested in purchasing the animals at the lowest possible price and recommending that
the City Council adopt Attachment "A" prohibiting the City from providing animals from
the Animal Control Center for use in research purposes.
Dr. Jim Ruhmann ap- Dr. Jim Ruhmann, Practicing Veterinarian, appeared before the City Council in
peared re animals support of the use of animals for medical research but advised the City Council that
the pound animals would not be a good resource because the animals at the pound are
docile animals which are or were previously pets.
Mr. John R. Carpenter Mr. John R. Carpenter, 8863 Liptonshire Drive, a computer consultant in the City
appeared re animals of Dallas, appeared before the City Council and requested that the City Council adopt
Attachment "A" prohibiting the City from providing animals from the Animal Control
Center for use in research purposes.
Ms. Linda yarbrough Ms. Linda Yarbrough, 1805 Old Mill Drive, appeared before the City Council and
appeared re animals expressed to the City Council certain operational and fundamental objections to
Attachment "B" with regard to Section C not including confinement limitations,
verification of non -survival rate and requested that the length of time in order for
pets to be picked up by owners be increased.
Ms. Pam Burney ap- Ms. Pam Burney, 7200 B. Dick Fisher Drive, North Richland Hills, representing
peared re animals Animal Control for North Richland Hills, appeared before the City Council and requested
that City Council give favorable consideration for the approval of Attachment "A"
prohibiting the City from providing animals from the Animal Control Center for use in
research purposes.
Mr. Kenneth McCabe! Mr. Kenneth McCabe, 708 Buffalo, former employee of the Animal Shelter, appeared
appeared re animals before the City Council and requested that the City Council give favorable
consideration to the adoption of Attachment "A" prohibiting the City from providing
animals from the Animal Control Center for use in research purposes.
Ms. Ann Gardner Ms. Ann Gardner, 200 Main Street, representing the Humane Society, appeared before
appeared re animals the City Council and requested that the City Council give favorable consideration to
the approval of Attachment "A" prohibiting the City from providing animals from the
Animal Control Center for use in research purposes.
Mr. Art Brender ap- Mr. Art Brender, President of the Humane Society of North Texas, appeared before
peared re animals the City Council and requested that the City Council give favorable consideration to
the adoption of Attachment "A" prohibiting the City from providing animals from the
Minutes of City Council P-3 Page 29
30
TUESDAY, MAY 15, 1990
Animal Control Center for use in research purposes and suggested that the Humane
Society take all of the animals they can at the same price that the City pays.
Ms. Kristee Brewer Ms. Kristee Brewer, 4032 Standish, appeared before the City Council and expressed
appeared re animals opposition to the approval of Attachment "B".
Mr. Alan Saxe appeare
Mr. Alan Saxe, President of the Arlington American Heart Association but speaking
re animals
as a citizen, appeared before the City Council and requested that the City Council give
favorable consideration to Attachment "A" prohibiting the City from providing animals
for use in research purposes to TCOM.
Council Member Zapata made a motion, seconded by Council Member Webber, that
Approval of Attachment
Attachment "B" amending Chapter 6, "Animals and Fowl" of The Code of the City of Fort
B
Worth be adopted allowing the City to provide animals for medical purposes.
Mayor Pro tempore Gilley requested that the contract with TCOM be amended to
include an indemnity agreement and that a detailed procedure be put in place to track
the animals from arrival into City Pound until release of animal to owner or to Texas
College of Osteopathic Medicine.
When the motion, that Attachment "B" amending Chapter 6, "Animals and Fowl", of
The Code of the City of Fort Worth allowing the City to provide animals for medical
purposes be approved, as amended, was put to a vote by the Mayor, it prevailed by the
following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, McCray, and Webber
NOES: Council Members Granger and Chappell
ABSENT: None
Council Member Zapata introduced an ordinance and made a motion that it be adopted.
Adopted Ordinance The motion was seconded by Council Member Webber. The motion, carrying with it the
No. 10586 amending adoption of said ordinance, prevailed by the following vote:
Chapter 6 AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, McCray, and Webber
NOES: Council Members Granger and Chappell
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. 10586 ORDINANCE NO. 10586
AN ORDINANCE AMENDING CHAPTER 6, "ANIMALS AND FOWL', OF THE CODE OF
THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY PROVIDING
REGULATIONS CONCERNING ANIMALS; RELEASING IMPOUNDED ANIMALS FOR
MEDICAL PURPOSES; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR
PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 8.
This ordinance shall be in full force and effect from and after June 1,
1990, and it is so ordained.
It was the consensus of the City Council recess and that the City Council meet in
Recessed to Executive closed or executive session to discuss the purchase, exchange, lease or value of real
Session property as authorized by Section 2(f), Article 6252-17, V.A.C.S., the Texas Open
Meeting Act, with public discussion of this item to have a detrimental effect on the
negotiating position of the City as between the City and a third person, firm or
corporation. A401 -
Reconvened The City Council reconvened into regular session with seven members present and
Council Member Zapata temporarily absent.
Authorized request There was presented Mayor and Council Communication No. G-8616 from the City
of Dr. W.D. Hospers' Manager stating that the City staff has received a request from Dr. W.D. Hospers
requesting access to Meacham Airport from his property, which is located adjacent to
B17 the airport; that the request is for a "through -the -fence" operation to allow
Dr. Hospers to operate a fixed based operation providing aviation services to the
public from his property; that the Aviation Advisory Board unanimously approved the
motion to expand the proposal agreed to by Dr. Hospers as proposed by the City to
include 25,000 square feet submitted to FAA for approval and forwarded to the City
Council; that, in the City staff's opinion, a through -the -fence fixed -based operation
Minutes of City Council P-3 Page 30
31
TUESDAY, MAY 15, 1990
would have a negative economic impact on the airport; that the airport currently is not
operating at a maximum level and not all of the property on the airport has been fully
developed; and recommending that the City Council approve the concurrent operating
policy of not allowing through the fence operations at Meacham Airport and deny the
lease agreement which would allow a through the fence operation with W.D. Hospers, BC
Vintage Flying Machines.
Ms. Chuckie Hospers Ms. Chuckie Hospers, 505 Northwest 38th Street, appeared before the City Council
appeared re fence at and requested that the City Council give favorable consideration to the through -the -
Meacham fence operation at Meacham Field for BC Vintage Flying Machines and advised the City
Council that such an operation would promote tourism in the City of Fort Worth.
Mr. H. G. "Dutch" Mr. H.G. "Dutch" Reyenga, 605 Timberline, Hurst, Texas, appeared before the City
Reyenga appeared Council and requested that the City Council give favorable consideration to the
re fence at Meacham proposed through -the -fence operation at Meacham Field by W.D. Hospers, BC Vintage
Flying Machines, and advised the City Council that this would promote tourism and that
the restaurants and other businesses out at Meacham Field would benefit as well.
fair. Bruce McCurley
Mr.
Bruce
McCurley, 3912 Race Street, appeared before the City Council and urged
appeared re fence at
the City
Council
to remove the fence in order to allow the housing of the B17; approve
Meacham
the fixed
base
operation for W.D. Hospers; and approve the contract.
Mr. John Yancey appeard
Mr.
John
Yancey, 2740 Lipscomb, appeared before the City Council and requested
re fence at Meacham
that the
City
Council allow the fence to be removed and work out the details and
problems
of the
agreement at a later date.
At this time, Council Member Zapata assumed his chair at the Council table.
Mr. Buil Jenkins Mr. Bill Jenkins, 10 Silent Wings, Terrell, appeared before the City Council and
appeared re B17 requested that the City Council give favorable consideration to the Dr. W.D. Hospers in
order to protect the B17.
Mr. Guyier Allbright, Mr. Guyler Allbright, Jr., 603 Williamsburg, appeared before the City Council
Jr. appeared re B17 requesting that the City Council pass a resolution and negotiate a lease with
Dr. W.D. Hospers for the preservation of the B17 aircraft.
Mr. Neil Anderson Mr. Neil Anderson, Chairman of the Aviation Advisory Board, appeared before the
appeared re fence City Council and read into the record a letter from the Aviation Advisory Board
at Meacham expressing favorable consideration for the through the fence operation at Meacham Field
by Dr. W.D. Hospers, as follows:
AAB Chairman Statement
Hospers Airport Access Question
Neil R. Anderson
15 May 1990
The Airport Advisory Board has spent a significant number of hours in
listening to positions and studying the aspects of William Hospers' request
to access the Meacham Airport facilities. The issue of access first came
before the Board in September 1989.
As a unanimous position, the Aviation Advisory Board recommends City Council
approval of the Hospers access request to build and operate a non-profit
Aviation Warbird Museum. The Board also recommends approval of a City access
policy for Meacham Airport, with the stipulation that each case be reviewed
for reasonableness by the City Staff, the Airport Board and the City Council.
Each access case must plainly demonstrate a willingness to pay for City
facilities and an economic benefit in return for the access permission.
The Hospers request has highlighted a number of supporting reasons for the
access recommendations. They are as follows:
1. The precedence for a non-profit aviation museum is a healthy one.
Meacham and the City would certainly benefit by such a museum.
2. An economic analysis which suggests current Airport tenants will be
harmed by this access can only be based on supposition and specious
logic. In fact, the tourism attraction alone will positively affect the
Airport's hotel, restaurant, refueling, aircraft parking and aircraft
maintenance operators immediately. The North Side area economics are
benefitted by increased employment and external improvement of a large,
deteriorating local facility. ..
3. Meacham Airport facilities are in dire need of rework - additional
funding is a near term requirement. Doctor Hospers has agreed to pay
the current Meacham lease rate for access privileges. This is added
income for Meacham projects.
4. The competitive issue has been mentioned as an argument against Airport
access. History doesn't look kindly on governments which stifle
competition.
Minutes of City Council P-3 Page 31
3 2
TUESDAY, MAY 15, 1990
5. The voices of the people seem to support the proposed access. Of the
dozens of letters I have seen on the subject, none have opposed the
access approval. Fort Worth voters are telling us that they want the
fence removed and the museum access enabled.
6. "Through the fence" access works well at Addison, Love, Alliance and
hundreds of other major airports, even prior to the full development of
airport property. It even worked at Meacham. for 50 years before the
fence's construction in 1986, from this same property, on dno fee
basis.
The Airport Advisory Board is composed of aviation and business personnel
individually appointed by the City Council to evaluate aviation issues and
provide recommendations. We respectfully recommend your approval of the
Hospers access agreement.
1
/S/ Neil R. Anderson
Neil R. Anderson
Chairman
Aviation Advisory Board
Mr. Maurice Langford Mr. Maurice Langford, 3236 Ryan, appeared before the City Council and advised the
appeared re fence City Council that Dr. W.D. Hospers is willing to pay for the through the fence
at Heacham operation at Meacham Field and questioned the City of Fort Worth being able to float
• approximately $20,000,000.00 to attract Page Avjet to the City of Fort Worth and stated
that the City Council should allow the removal of the fence at Meacham Airport.
Captain Stanley Jones Captain Stanley Jones, 3251 Amber Court, representing the Fort Worth Civil Air
appeared re fence Patrol, appeared before the City Council and requested that the City Council give
at Meacham favorable consideration for the through the fence operation at Meacham Airport by
Dr. W.D. Hospers.
Ms. Martha Armstrong Ms. Martha Armstrong, Commander of the Fort Worth Civil Air Patrol, appeared
appeared re fence before the City Council and requested that the City Council permit the removal of the
at Meacham fence to allow the through the fence operation at Meacham Airport in hopes that the
Civil Air Patrol may secure classroom and meeting room space in the facility provided
by the Hospers. ,
Mr. Norm Scroggins
Mr. Norm Scroggins, 320 Warberg, Bedford, Texas, appeared before the City Council
appeared re B17
and advised the City Council that the primary objection is to get the B17 housed and
requested that the City Council give favorable consideration for the through the fence
operation at Meacham Airport.
Dr. W.D. Hospsers
Dr. W.D. Hospers, 505 Northwest 38th Street, appeared before the City Council and
appeared re housing
advised the City Council that two contracts were submitted, one allowing the expansion
B17
of Dr. Hospers' property to include 25,000 square feet and the other proposition to pay
for the entire hangar; and advised the City Council that the use of the airport is
limited which would also limit the use of the aircraft and advised Council that a
fixed -base operators lease was not requested; and stated that the three issues before
the Council was (1) to protect the airplane, (2) that non-profit organizations cannot
own or rent property, and (3) that members of the Civil Air Patrol would be allowed to
lease a portion of this facility for $1.00.
Major Bill Smith
Major Bill Smith appeared before the City Council and advised the City Council of
appeared re B17
his special interest in the B17 and requested that City Council allow the airplane to
be place in the hangar in order to preserve the airplane.
Mr. William Williamso
Mr. William Williamson, 5424 Odom Avenue, appeared before the City Council and
appeared re fence at
requested that the City Council give favorable consideration to the through the fence
Meacham
operation at Meacham Airport.
Mr. Reed Pigman
Mr. Reed Pigman, Texas Jet Meacham Field, appeared before the City Council and
appeared re fence at
advised the City Council that the through -the -fence operation requested by
Meacham
Dr. W.D. Hospers would not work and advised the City Council that Mr. Hospers could
consider selling the land to the City and then in return leasing the land back for a
30 -year period.
Motion approved to
Council Member Zapata made a motion to allow the B17 to be put in hangar which
temporary take down
would require the fence to be taken down and put back up and that further negotiations
fence
be worked out with staff at the expense of Dr. Hospers. The motion was seconded by
Mayor Pro tempore Gilley. .
City Manager advised
City Manager Ivory advised the City Council that allowing the fence to be taken
of disallow temporary
down and placing the aircraft in the hangar would make it difficult to disallow others
fence removal
from making such a request and requested that City Council should approve the
recommendation of staff for denial of through -the -fence operation.
Mr. Reed Pigman appea
ed Mr. Reed Pigman advised the City Council that Dr. Hospers can house the B17 in one
re B17
of his hangars for $300.00 per month until the end of June if his request for the
through the fence operation at Meacham Airport is denied.
Mayor Pro tempore Gilley requested that Council Member Zapata amend his motion to
let the fence be taken down and to allow the B17 to be placed inside Dr. Hospers'
Minutes of City Council P-3 Page 32
33
_ TUESDAY, MAY 15, 1990
hangar with the understanding that the fence be put back up at Mr. Hospers' expense and
that all necessary permits and certificate of occupancy be acquired before the airplane
is moved.
Approved temporary When the motion, as amended, to let the fence be taken down and to allow the B17
take down of fence to be placed inside Dr. Hospers' hangar with the understanding that the fence be put
back up at Mr. Hospers expense and that all necessary permits and certificate of
occupancy be acquired before the airplane is moved, was put to a vote by the Mayor, it
prevailed unanimously.
At this time, Council Member Chappell excused himself from the Council Chamber.
Purchase of Computer There was presented Mayor and Council Communication No. P-4262 from the City
equipment for ISS Manager stating that the current City environment mandates that compatibility be
provided with all phases of the Word Processing Division; that, to ensure continued
service without interruption of work and production decreases, the 4300 File Server
will enable the existing Word Processing Equipment to transfer, file, retrieve, store
information in both the HDOS atmosphere (heavy-duty word processing) and MSDOS
(Microcomputer compatibles throughout the City); stating that funds are available in
General Fund 01, Account No. 04-20-00, Index Code 228726; and recommending that the
City Council authorize the outright purchase of computer equipment for the Information
Systems and Services Department from Syntrex Business Systems (formerly Lanier Business
Systems) for the sole source quotation of $16,306.00 net, f.o.b. Fort Worth. It was
the consensus of the City Council that the recommendation be adopted.
Renew purchase agree- There was presented Mayor and Council Communication No. P-4263 from the City
ment with Hydrotex Manager stating that a purchase agreement with Hydrotex was authorized by City Council
on July 6, 1989, by Mayor and Council Communication No. P-3572 to provide specialty
lubricants for the Water Department; that the agreement was for a period of one year
with options to renew for two additional years; that the Water Department has requested
the first option to renew be exercised and the vendor has agreed to hold the prices
firm for an additional year; 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 Hydrotex to
supply specialty lubricants for the Water Department on the following
unit prices:
(1) MT55 Acculube Light (120 lb. drum) $2.36/lb. $283.20/drum
(2) MT55 Acculube (120 lb. drum) $2.36/lb. $283.20/drum
(3) MT55 Acculube (14.5 oz. tubes/60 per cs.) $3.09/tube $185.40/case
2. The agreement to begin July 6, 1990, and end one year later, with option
to renew for one additional year; and
3. The City Manager to execute the option to renew at his discretion.
It was the consensus of the City Council that the recommendations be adopted.
Renew purchase agree- There was presented Mayor and Council Communication No. P-4264 from the City
ment with Conley -Lott Manager stating that a purchase agreement was authorized by the City Council on July 6,
Nichols Machinery Co. 1989, by Mayor and Council Communication No. P-3576 with Conley -Lott Nichols Machinery
Company on its dealer's suggested list price to furnish O.E.M. Entyre, Bomag, and
Koehring parts for the City Services Department; that the agreement period was for one
year with option to renew for one additional year; stating that purchases will be
charged to Equipment Services Fund 61, Equipment Services, Account No. 141-000270; and
recommending that the City Council exercise option to renew the purchase agreement with
Conley -Lott Nichols Machinery Company to furnish genuine Entyre, Bomag, and Koehring
parts to the City Services Department for one additional year on quotation of dealer's
suggested list price with the new agreement period to begin July 6, 1990, and end one
year later. It was the consensus of the City Council that the recommendations be
adopted.
Renew purchase agree-
There was presented Mayor and Council Communication No. P-4265 from the City
ment wtih Witch Equip.
Manager stating that the City Council authorized a purchase agreement with Witch
Company, Inc.
Equipment Company on July 18, 1989, by Mayor and Council Communication No. P-3588 on
its bid of dealer's list price to furnish genuine Witch equipment parts to the City
Services Department; that the agreement period was for one year with option to renew
for one additional year; that the City Services Department, Equipment Services
Division, has requested that the option to renew be exercised and the vendor has
agreed; stating 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 Witch Equipment Company, Inc.,
to furnish genuine Witch equipment parts to -the City Services Department for one
additional year on its bid of dealer's list price, with the new agreement period-
beginning July 17, 1990, and ending one year later. It was the consensus of the City
Council that the recommendations be adopted.
Purchase of street
There was presented Mayor and Council Communication No. P-4266 from the City
light poles
Manager submitting a tabulation of bids received for the purchase of street light poles
and arms for the Transportation and Public Works Department; stating that purchases
will be charged to General Fund 01, Subsidiary Account No. 141-000273; and recommending
Minutes of City Council P-3 Page 33
34
•TUESDAY, MAY 15, 1990
IIthat the purchase be made on a low -bid -item basis, meeting City specifications, as
follows:
Valmont Industries, Inc. $ 90,900.00
Smith Steel Fabrication 59,000.00
Dealers Electrical Supply 85,891.00
Union Metal 22,600.00
Civco Products Company 6,054.40
$264.445.40 net f.o.b. Fort Worth
It was the consensus of the City Council that the recommendation be adopted.
Purchase of electric There was presented Mayor and Council Communication No. P-4267 from the City
breakers Manager submitting a tabulation of bids received for the purchase of electrical
breakers 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 from Miller Electric on its low bid of $11,567.20 net, f.o.b.
Fort Worth.. It was the consensus of the City Council that the recommendation be
adopted.
Purchase of traffic There was presented Mayor and Council Communication No. P-4268 from the City
signal wire Manager submitting a tabulation of bids received for the purchase of traffic signal
wire for the Transportation and Public Works Department; stating that purchases will be
charged to Fund 01, Subsidiary Account No. 141-000273; and recommending that the
purchase be made from Bluebonnet Supply on its low bid meeting City specifications of
$19,893.50 net, f.o.b. Fort Worth. It was the consensus of the City Council that the
recommendation be adopted.
Purchase agreement wi h There was presented Mayor and Council Communication No. P-4269 from the City
Sun Photo Manager submitting a tabulation of bids received for a purchase agreement to provide
film and film processing for all City departments; stating that budgeted funds are
sufficient to cover the anticipated expenditure by each department participating in
this agreement; and recommending that the City Council authorize:
Minutes of City Council P-3 Page 34
1. A purchase agreement with Sun Photo to provide film and film
processing
to all
City departments on the low bid of the
following unit prices:
ITEM
DESCRIPTION
UNIT PRICE
1
Kodak ASA400, 35MM Color Print Film, 36
Exposure
$4.80
2
Kodak ASA200, 35MM Color Print Film, 36
Exposure
$4.30
3
Kodak ASA200, 35MM Color Print Film, 24
Exposure
$3.40
4
Kodak ASA200, 35MM Color Print Film, 12
Exposure
$2.55
5
Kodak ASA100, 35MM Color Print Film, 36
Exposure
$3.75
6
Kodak ASA100, 35MM Color Print Film, 24
Exposure
$2.90
7
Kodak ASA100, 35MM Color Print Film, 12
Exposure
$2.15
8
C-41 Process Only Color Print Film, 36
Exposure Roll
$1.10
9
C-41 Process Only Color Print Film, 24
Exposure Roll
$1.10
10
C-41 Process Only Color Print Film, 12
Exposure Roll
$1.10
11
Charge Per Printable Frame at Time Processed,
$ .18
3-1/2" x 5" Color Print
12
Charge Per Additional Print at Time Processed,
$ .10
3-1/2" x 5" Color Print
13
Charge Per Color Reprint Later, 3-1/2"
x 5",
$ .19
Economy Machine Grade
14
Charge Per Color Reprint Later, 5" x 7",
Economy
$ .90
Machine Grade
15
Charge Per Color Reprint Later, 8" x 10",
Economy
$1.65
Machine Grade
16
Ektachrome ASA400 Slide Film, 35MM, 36
Exposure
$8.25
17
Ektachrome ASA400 Slide Film, 35MM, 24
Exposure
$6.15
18
Ektachrome ASA200 Slide Film, 35MM, 36
Exposure
$7.05
19
Ektachrome ASA200 Slide Film, 35MM, 24
Exposure
$5.15
20
Ektachrome ASA100 Slide Film, 35MM, 36
Exposure
$5.90
21
Ektachrome ASA100 Slide Film, 35MM, 24
Exposure
$4.25
22
Kodachrome ASA200, Professional Slide Film,
36 Exposure
$7.30
23
Kodachrome ASA64, Amateur Slide Film, 36
Exposure
$5.70
24
Kodachrome ASA64, Amateur Slide Film, 24
Exposure
$4.10
25
E-6 Process Color Slide Film & Sleeve,
36 Exposure Roll
$3.00
26
E-6 Process Color Slide Film & Mount, 36
Exposure Roll
$4.20
27
E-6 Process Color Slide Film & Sleeve,
24 Exposure Roll
$2.55
28
E-6 Process Color Slide Film & Mount, 24
Exposure Roll
$3.30
29
K-14 Process Color Slide Film & Sleeve,
36 Exposure Roll
$4.20
30
K-14 Process Color Slide Film & Mount,
36 Exposure Roll
$4.50
31
K-14 Process Color Slide Film & Sleeve,
24 Exposure Roll
$3.20
32
K-14 Process Color Slide Film & Mount,
24 Exposure Roll
$3.50
33
Duplicate Color Slides
$ .60
34
Color Prints from Slides, 3-1/2" x 5"
$ .65
35
Tri -X ASA400, Black & White Film, 24 Exposure
$2.35
Minutes of City Council P-3 Page 34
35
TUESDAY, MAY 15, 1990
36
T -Max P3200, Black & White Film, 36 Exposure
$4.25
37
T -Max ASA400, Black & White Film, 36 Exposure
$3.50
38
T -Max ASA100, Black & White Film, 24 Exposure
$2.40
39
T -Max 100
$2.40
40
Plus -X ASA125, Black & White Film, 36 Exposure
$3.30
41
0-76 Process Only, Black & White Film, 36 Exposure Roll
$2.00
42
0-76 Process Only, Black & White Film, 24 Exposure Roll
$1.90
43
Charge per Printable Frame at Time of Processing,
$ .32
3-1/2" x 5" Black & White Print
44
Charge per Additional Print at Time of Processing,
$ .19
3-1/2" x 5" Black & White
45
Charge per Reprint Later, 3-1/2" x 5", Black & White,
$ .32
Economy Machine Grade
$ .32
46
Charge per Reprint Later, 5" x 7", Black & White,
$1.90
Economy Machine Grade
47
Charge per Reprint Later, 8" x 10", Black & White,
$2.40
Economy Machine Grade -
2. This agreement -to begin the date of authorization by the City Council
and end one year later with option to renew for one additional year; and
3. The City Manager to exercise the option to renew at his discretion.
It was the consensus of the City Council that the recommendations be adopted.
Purchase agreement There was presented Mayor and Council Communication No. P-4270 from the City
for laboratory tests Manager stating that the City Council authorized a purchase agreement on October 10,
1989, by Mayor and Council Communication No. P-3758 to conduct chronic toxicity tests
at the Village Creek Wastewater Treatment Plant; that the Environmental Protection
Agency issued an Order for Information requiring .the City to conduct a Toxicity
Reduction Evaluation to determine how to eliminate the toxicity in the plant effluent;
that the information requires routine monthly biomonitoring using Ceriodaphnia; that
Trac Laboratories, Inc., is conducting the monthly toxicity tests for the Water
Department and has submitted prices to conduct the modified toxicity tests as required
for the TRE; 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. Amending the recommendation of M&C P-3758 approved October 10, 1989, of
a purchase agreement with a renewal option for one additional year with
Trac Laboratories, Inc., to conduct additional laboratory tests for the
Water Department on the bid of unit prices net, as follows:
Quantity Item Description Trac Laboratories, Inc.
a. 125 -each Modified non -renewed 7 day. $200.00/test
toxicity test using Ceriodaphnia
dubia
b. 100 -each Modified 7 -day toxicity test with $250.00/test
renewals using Ceriodaphnia dubia
2. This agreement became effective October 1, 1989, and will end
September 30, 1990.
On motion of Mayor Pro tempore Gilley, seconded by Council Member Zapata, the
recommendations were adopted.
Acquisition of per-
manent easement Lot 1
Blk 9, Masonic home
Addtn; Lot 2, Blk r,
Overton liest Addtn;
Lot 1-R, Blk 58,
;Western Hills Addtn
There was presented Mayor and Council Communication No. L-10098 from the City
Manager, as follows:
SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS (3
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 Lot 1,
Block 9, Masonic Home Addition, Second Filing, as described in
Volume 8091, Page 1488, Deed Records, Tarrant County, Texas. This strip
of land is 10.0 feet in depth and approximately 132.0 feet in length and
lies adjacent to, parallel with and within the south line of Lot 1,
required for a permanent easement.
Square Feet: 1,318.75 Zoning: "A"
Parcel No.: 1
Minutes of City Council P-3 Page 35
TUESDAY, MAY 15, 1990
Consideration: $1.00
Location: 3204 Grayson Street
Owner: Ronnie L. Butler and Craig S. Butler
Financing: Sufficient funds are available in Sewer Capital Improvement
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: Overton Park Plaza, Sanitary Sewer Easement, Parcel 1
Type of Acquisition: Dedication - Permanent Easement
Description of Land: An irregularly shaped strip of land out of Lot 2,
Block F, Overton West Addition, as recorded in Volume 9798, Page 1482,
Deed Records, Tarrant County, Texas. This strip of land is 20.18 feet
in width along its north line, 142.89 feet in length along its east
line, 15.47 feet in width along its south line and 125.61 feet in length
along its west line, required for a permanent easement.
Square Feet: 2,013.75 Zoning: "G"
11 Parcel No.: 1
Consideration: $1.00
Location: Hulen Street, north of I-20
Owner: The Koll Company
Financing: Sufficient funds are available in Sewer Capital Improvements
Fund 80, Project No. 013027-00, Overton Park Plaza. This expenditure
will be made from Index Code 698688.
Land Agent: Jerry Chalker
3. Project Name: Drainage Channel Improvements/Western Hills Addition,
Project No. 67-028873-00
Type of Acquisition: Dedication/Permanent Ingress/Egress Easement with
Construction Easement
Description of Land:
Ingress/Egress Easement - A rectangularly shaped strip of land 60 feet
in length and 86.47 feet in width out of Lot 1-R, Block 58, Western
Hills Addition, as recorded in Volume 3307, Page 61, Deed Records,
Tarrant County, Texas. This strip is located at the dead end of the
9000 block of Morenci Drive, containing 5,162 square feet of land as
required for an easement.
Construction Easement No. 1 - A rectangularly shaped strip of land 50
feet in width and 224 feet in length located adjacent to the north end
of the above described Ingress/Egress Easement. This easement contains
11,207 square feet of land as required for a construction easement.
Square Feet: Ingress/Egress - 5,162
Construction CE -1 - 11,207
Zoning: A-1 Family
Description of Improvements: None in the taking
Parcel No.: CE -1
Consideration: $1.00
Location: 9000 Block of Morenci Drive -
Owner: Fort Worth Independent School District
Financing: Sufficient funds are available in Street Improvement,
Fund 67, Project No. 095106-00 Land Acquisition. This expenditure will
be made from Index Code 699884.
Land Agent: Frances Sargeant
Mayor Pro tempore Gilley made a motion, seconded by Council Member Zapata, that
the recommendations, as contained in Mayor and Council Communication No. L-10098, be
adopted. When the motion was put to a vote by the Mayor, it prevailed by the following
vote:
Minutes of City Council P-3 Page 36
37
TUESDAY, MAY 15, 1990
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, and Webber
NOES: None
ABSENT: None
NOT VOTING: Council Member Chappell
Authorized release of
There was presented Mayor and Council Communication No. L-10099 from the City
easement, Lots 4,5,
Manager stating that Beatrice Pearson Kallio and husband, Daniel Scott Kallio, on
and 6, Blk 166, M.G.
February 16, 1981, granted a temporary construction easement to portion of Lots 4, 5,
Ellis Addtn
and 6, Block 166, M.G. Ellis Addition, as part of the North 23rd Street Project; that
this easement no longer is required for the City's purposes since the project has been
completed; and recommending that the City Manager be authorized to execute a release of
temporary construction easement over a portion of Lots 4, 5, and 6, Block 166,
M.G. Ellis Addition, as recorded in Volume 7093, Page 244, Deed Records, Tarrant
County, Texas. It was the consensus of the City Council that the recommendation be
adopted.
Approved fund transfer
There was presented Mayor and Council Communication No. L-10100 from the City
Land Acquisition -Lots
Manager stating that the property described as 5933 Geddes, Lots 13 and 14, Block 76,
13 and 14, Blk 76,
Chamberlain Arlington Heights No. 2 Filing Addition, is adjacent to Fire Station
Chamberlain -Arlington
No. 16; that Station No. 16's parking lot is accessible only through an alley; that
Heights
this alley is not wide enough to accommodate some of the modern, larger fire apparatus;
that acquisition of these lots will improve access; and recommending that the City
Council:
1. Approve the transfer of $3,000.00 from Fund 07, Public Safety
Improvements, Account No. 011102-00, Fire Station #2 Remodelling to
Fund 07, Project No. 011199-00, Fire Stations Unspecified;
2. Approve the transfer of $3,000.00 from Fund 07, Public Safety
Improvements, Project No. 011199-00, Fire Stations Unspecified to
Fund 07, Account No. 011116-00, Land Acquisition - FS #16; and
3. Authorize the purchase of Lots 13 and 14, Block 76, Chamberlain
Arlington Heights #2 Filing Addition from Charles A. Watson for
$3,000.00.
It was the consensus of the City Council that the recommendations be adopted.
Vacation of utility There was presented Mayor and Council Communication No. PZ -1580 from the City
easements Manager recommending that an ordinance be adopted vacating a 16 -foot wide by 295 feet
long utility easement (former alley vacated by Ordinance No. 2747) located between
Lots 1-12, the east nine feet of Lots 13 and 28, and Lots 29-40, Block 49,
Chamberlain -Arlington Heights, First Filing. It was the consensus of the City Council
that the recommendation be adopted.
Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
adopted. The motion was seconded by Council Member Chappell.. The motion, carrying
with it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor 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. 10587
Ordinance No. 10587
AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING A
UTILITY EASEMENT LOCATED IN THE CHAMBERLAIN -ARLINGTON HEIGHTS
ADDITION, FIRST FILING, TO THE CITY OF FORT WORTH, TEXAS, AS MORE
SPECIFICALLY DESCRIBED HEREIN; PROVIDING FOR REVERSION OF FEE IN
SAID LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
Contract with Boys There was presented Mayor and Council Communication No. C-12317 from the City
and Girls Clubs Manager stating that the City Council approved Mayor and Council Communication
No. G-8261 on October 10, 1989, authorizing the City Manager to submit the J.A. Cavile
Kids Sports Program (J.A.C.K.S.) proposal application under the Special Projects
Program to the Department of Housing and Urban Development; that the City of Fort Worth
now has received notification from HUD indicating approval for and funding of this
program; that the program will be funded through a HUD grant for $25,000.00; Community
Development Block Grant for $12,500.00; Boys and Girls Clubs of Greater Fort Worth
matching funds $12,500.00; and anticipated program income at $5,000.00; and
recommending that the City Manager be authorized to execute a contract with the Boys
and Girls Clubs of Greater Fort Worth in the amount of $55,000.00 for operation of the
J.A. Cavile Kids Sports (J.A.C.K.S.) Project from May 15, 1990, to May 14, 1991; and
Minutes of City Council P-3 Page 37
TUESDAY, MAY 15, 1990
approve the expenditure of $12,500.00 in Year XIV Community Development Block Grant
funds, to be matched with $12,500.00 from the Boys and Girls Clubs of Greater Fort
Worth and a $25,000.00 grant from the U.S. Department of Housing and Urban Development.
It was the consensus of the City Council that the recommendations be adopted.
Contract with Camp There was presented Mayor and Council Communication No. C-12318 from the City
Manager stating that the City of Arlington filed a rate change application in February
Dresser & McKee, Inc- 1990 with the Texas Water Commission; that the Commission has established a discovery
and hearing schedule which requires Fort Worth to file a cost of service study for
wastewater services by July 2, 1990; that the City Council authorized contracting with
KPMG Peat Marwick and Company to prepare a cost of service study for wastewater
services and to develop water and wastewater rate structures; that, as an accounting
firm, KPMG will require the services of an engineering firm to perform the technical
analysis to support the cost allocation of the wastewater plant facilities; that the
firm of Camp Dresser and McKee would fulfill the role of an expert witness in the
engineering field; that their background in previous case work before the Texas Water
Commission makes them uniquely qualified to perform this work; describing the principal
elements of the workplan; stating that Camp Dresser and McKee, Inc., will assign an
individual with particular expertise in this field to conduct all research and provide
expert testimony; stating that funds are available in Water and Sewer Operating
Fund 45, Account Nos. 70-10-00 and 70-90-10, Index Codes 390799 and 390500,
respectively; and recommending that the City Manager be authorized to execute a
contract with Camp Dresser and McKee, Inc., in an amount not to exceed $35,000.00 for
assistance in preparing an appropriate response to the City of Arlington's challenge to
Fort Worth's wastewater rates. It was the consensus of the City Council that the
recommendation be adopted.
Engineering agreement There was presented Mayor and Council Communication No. C-12319 from the City
with Teague Nall & Manager stating that the City Council authorized execution of an engineering agreement
Perkins, Inc. on April 4, 1989, by Mayor and Council Communication No. C-11567 with Teague Nall and
Perkins, City Secretary Contract No. .17023, for preparation of plans and specifications
for the replacement of Sanitary Sewer Main 53, from Vickery to Maddox; that, after
investigation of Main M-177 in the vicinity of this project, the Water Department
requested the engineer to include the relocation of this main from its mid -block
location; that, in addition, a new eight -inch lateral will be installed to replace the
old "Poly" main between Rosedale and Avenue G; and recommending that the City Council
authorize a fund transfer in the amount of $4,350.00 from Water and Sewer Operating
Fund 45, Account No. 70-90-20 to Sewer Capital Improvement Fund 58, Project
No. 022004-00, M-53 Replacement, and authorize the City Manager to execute Amendment
No. 1 to the Engineering Agreement with Teague Nall and Perkins, Inc., for engineering
services relating to the Sanitary Sewer Main 53 Replacement, increasing the fixed fee
amount from $62,300.00 to $66,650.00. It was the consensus of the City Council that
the recommendations be adopted.
Authorized one-year There was presented Mayor and Council Communication No. C-12320 from the City
contract with Texas Manager stating that the City Council approved acceptance of a contract for an
Dept of Community approximate amount of $250,000.00 with TDCA on April 11, 1989, by Mayor and Council
Affairs Communication No. C-11582 for the weatherization of a projected 200 homes in Tarrant
County, the term of the contract beginning April 1, 1989, and ending March 31, 1990;
that, during the contract period that ended March 31, 1990, $188,388.00 was available
from TDCA; that all project inspections have been finished and 155 homes have been
completed; that the contractors' proposals for program period from April 1, 1990, to
March 31, 1991, were requested and on April 24, 1990, the contract was awarded to the
low bidder, Weather -Rite, Inc.; that the weatherization measures include attic
insulation, weatherstripping, caulking, window and door repair or replacement, storm
windows, and minor repairs; that a maximum of $1,600.00 in regular weatherization and
an additional $1,500.00 in enhanced weatherization can be expended on each home; that
administrative costs are restricted to 5.26 percent of the total TDCA project
expenditures; that inspections, prior to payment of the contractor, are performed by
staff of the Housing and Human Services Department; and recommending that the City
Council authorize the City Manager to:
Authorized contract
with J.D. Vickers, I
water & sewer replac
ments
1. Accept and execute a one-year contract with the Texas Department of
Community Affairs (TDCA) for an approximate amount of $367,017.00 to
weatherize a projected 230 Tarrant County homes occupied by low-income
residents. The contract period will be April 1, 1990, to March 31,
1991;
2. Accept any additional funds if available from the Texas Department of
Community Affairs, and execute contracts for such funds, for the
weatherization of homes, during the aforementioned contract period;
3. Apply indirect cost in accordance with the City's Administrative
Regulation 3-15 (apply the 1989-1990 rate of 18.76 percent which
represents the most recent approved rate for the department); and
4. Authorize the Accounting Division of the Finance Department to establish
the grant project accounts in the City of Fort Worth's accounting system
upon receipt of an executed contract.
It was the consensus of the City Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. C-12321 from the City
.Manager submitting a tabulation of bids received for water and sewer replacements in
Minutes of City Council P-3 Page 38
39
' . TUESDAY MAY 15 1990
Wilbarger Street and paving and drainage improvements on Wilbarger Street and Carey
Road; and recommending that the City Council:.
1. Approve the following fund transfers:
FROM TO AMOUNT REASON
94-009905-00 67-017144-00 $ 96,494.00 To provide funds
Special Wilbarger Street for water line
Assessments Water Main replacement plus
Unspecified Replacement $6,000 for possi-
ble change orders.
45-60-90-20 53-017144-00 $ 5,000.00. To provide funds.
Water and Sewer Wilbarger Street for inspection and
Operating Fund Water Main survey.
Replacement
29-036901-00 29-036959-00 $129,598.30 To provide funds
Streets in Carey Road and for the City's
New Additions Wilbarger Street share of construc-
Unspecified tion cost plus
funds for change
orders.
2. Authorize the City Manager to execute a contract with J.D. Vickers,
Inc., in the amount of $90,494.00 based on the low bid for the Water and
Sewer Replacements in Wilbarger Street; and
3. Authorize the City Manager to execute a contract with J.L. Bertram
Construction and Engineering, Inc., in the amount of $609,101.40 and 95
working days for paving and drainage improvements on Wilbarger Street
and Carey Road.
It was the consensus of the City Council that the recommendations be adopted.
Authorized contract There was presented Mayor and Council Communication No. C-12322 from the City
with Sprinkle 'n Sprou Manager submitting a tabulation of bids received for the construction and installation
Irrigation & Landscapi cpf irrigation and planting at the Police Administration Facility; stating that funds
are available in Fund 05, Project No. 041069-00, Index Code 625517 and funds are
available from the same account for inspection and survey, Index Codes 625319 and
625350, respectively; and recommending that the City Manager be authorized to execute a
contract with Sprinkle 'n Sprout Irrigation and Landscaping in the amount of $27,424.00
for planting and irrigation installation at the Police Administration Facility. It was
the consensus of the City Council that the recommendation be adopted.
Authorized agreement There was presented Mayor and Council Communication No. C-12323 from the City
with Sansom Park for Manager stating that the City Manager on June 27, 1989, was authorized to execute a
water metering station contract for wholesale water service with the City of Sansom Park; that construction of
a metering station and telemetry was required to monitor and bill Sansom Park for the
service; that construction was completed February 26, 1990, at a total cost of
$9,798.65; that the wholesale water contract requires Sansom Park to reimburse Fort
Worth for the construction costs; that, immediate payment will create substantial
difficulty for the community; that execution of an interlocal agreement provides for
repayment over a ten-year period at an interest rate of ten percent; that the monthly
payments on the agreement will be added to the Sansom Park's monthly statement for
water service; and recommending that the City Council authorize execution of an
interlocal agreement with the City of Sansom Park providing for payment of expenses for
installation of a water metering station and telemetry. It was the consensus of the
City Council that the recommendation be adopted.
Authorized letter There was presented Mayor and Council Communication No. C-12324 from the City
agreement with Hill- Manager stating that Section 3.06(c) of the Master Agreement between the City of Fort
wood Development Corp Worth and American Airlines, Inc., provides that City Secretary Contract Nos. 16434,
17270, 17271, 17272, and 17273 be amended to provide for access by American Airlines,
Inc., to the collateral pledged by Hillwood Development Corporation to secure
Hillwood's obligations under each of the above CFA's; and recommending that the City
Manager be authorized to execute Letter Agreements with Hillwood Development
Corporation and with American Airlines, Inc., modifying the City Secretary Contract
Nos. 16434, 17270, 17271, 17272, and 17273, entered into between the City of Fort Worth
and Hillwood Development Corporation for the development of Northport Addition (Fort
Worth Alliance Airport Extension of South Airport Access Road and Henrietta Creek),
Alliance Boulevard, Eagle Parkway, Heritage Parkway, and Avion Road, respectively. It
was the consensus of the City Council that the recommendation be adopted.
Authorized agreement There was presented Mayor and Council Communication No. C-12325 from the City
to extend City Secre- Manager stating that the City of Fort Worth and Hillwood Development Corporation
tary Contract No. entered into City Secretary Contract No. 16434 for the installation of community
16434 with Hillwood facilities for Northport Addition (Fort Worth Alliance Airport, Extension of South
Airport Access Road and Henrietta Creek Road); that the contract has a term of two
years; that the City and the developer are requesting City Council approval to extend
the contract for a term of two years beginning on the date of executed extension; that
all terms, provisions, conditions, and covenants of the City Secretary Contract
No. 16434 will remain in full force and effect during the term of the extension; and
Minutes of City Council P-3 Page 39
40
TUESDAY, MAY 15, 1990
recommending that the City Manager be authorized to execute an agreement to extend City
Secretary Contract No..16434 with Hillwood Development Corporation for a term of two
years. It was the consensus of the City Council that the recommendation be adopted.
Authorized final There was presented Mayor and Council Communication No. FP -2690 from the City
payment to Freeman Manager stating that the reroofing of the Pecan Valley and Rockwood Golf Proshops have
Roofing and Construe been completed in accordance with plans and specifications under Contract No. 17630
tion Inc. awarded to Freeman Roofing and Construction, Inc., on December 5, 1989; and
recommending that the City Council accept as complete construction of the reroofing of
the Pecan Valley and Rockwood Golf Proshops and authorize release of retainage and
final payment on City Secretary Contract No. 17630 in the amount of $38,040.00 to
Freeman Roofing and Construction, Inc., with funds available in Golf Fund 39,
Encumbrance No. 17630A, Retainage Account No. 205-017630, Index Code 317362. It was
the consensus of the City Council that the recommendations be adopted.
Council Member Chappell assumed his chair at the Council table at this time.
It appearing to the City Council that Resolution No. 1525 was adopted on April 17,
Hearing re Zoning 1990, setting today as the date for hearing in connection with recommended changes and
Ordinance No. 3011 amendments to Zoning Ordinance No. 3011 and that due notice of the hearing has been
given by publication in the Fort Worth Commercial Recorder, the official newspaper of
the City of Fort Worth, Mayor Bolen asked if there was anyone present desiring to be
heard.
Mayor Pro tempore Gilley made a motion, seconded by Council Member Granger, that
Z-90-036 continued the application of Women's Club of Fort Worth for a change in zoning of property
located at 1300-1326 Pennsylvania Avenue (including 500 South Lake Street and
501 Ballinger Street) from "G" Commercial and "J" Light Industrial to "G/HC"
Commercial/Historic and Cultural Subdistrict and "J/HC" Light Industrial/Historic and
Cultural Subdistrict, Zoning Docket No. Z-90-036, be continued until the next regularly
scheduled zoning hearing. When the motion was put to a vote by the Mayor, it prevailed
unanimously.
There being no one present desiring to be heard in connection with recommended
Hearing closed and changes and amendments to Zoning Ordinance No. 3011, Mayor Pro tempore Gilley made a
recommended changes motion, seconded by Council Member Granger, that the hearing be closed and that
approved recommended changes in zoning be approved, as follows:
Z-90-035 NYKAZA'S AUTO SERVICE, INC.
9700, 9704, 9708, & 9712 Highway 80 West
"E" Commercial and "F -R" Restricted Commercial to "I" Light
Industrial
Z-90-037 MICHAEL S. McDERMOTT
1710 Fairmount Avenue
"C" Multi -Family to "C/HC" Multi-Family/Historic and Cultural
Subdistrict
Z-90-038 LONGHORN COUNCIL/BOY SCOUTS OF AMERICA
4917 Briarhaven Road
"E -R" Restricted Commercial to "PD/SU" Planned Development/Specific
Use permitting all uses in "E -R" Restricted Commercial District and
retail sales as an outlet of the Boy Scouts of America National
Supply Service; Waiver of site plan
Z-90-039 SUSAN MITCHELL
2920 Race Street
"E" Commercial to "I" Light Industrial
Z-90-041 YMCA OF METROPOLITAN FORT WORTH by Ken Harris, Vice President/
Operations
406-410 Lamar Street
"J" Light Industrial to "H" Business
Z-90-042 FINA SERVE, INC. by Sam McGee
5617 McCart Avenue
"E" Commercial to "PD/SU" Planned Development/Specific Use to
include all uses in "E" Commercial and a car wash; waiver of site
plan recommended subject to the restriction of all existing
entrances and the placement of the car wash as shown on the
submitted site plan
Z-90-043 ANTON ZAGHLOUL by James W. Schell
1700 St. Louis Avenue
"B" Two -Family to "PD/SU" Planned Development/Specific Use for all
uses in the "E" Commercial District restricting the sale of
alcohol; waiver of site plan
Minutes of City Council P-3 Page 40
41
TUESDAY, MAY 15, 1990
Adopoted ordinance Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
approving zoning
amendments adopted. The motion was seconded by Council Member Granger. 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. 10588
Ordinance No. 10588 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE
NO. 3011, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND
RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND
FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT,
NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE
SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND
LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES
DIVIDING THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND
AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS
AND SHOWING SUCH DISTRICTS AND THE BOUNDARIES THEREOF UPON
"DISTRICT MAPS"; PROVIDING FOR INTERPRETATION, PURPOSE AND
CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENAL CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 6.
That any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement of any of
the provisions of this ordinance shall be fined not more than One Thousand
Dollars ($1,000.00) for each offense. Each day that a violation is permitted
to exist shall constitute a separate offense.
Z-90-032 Denied Council Member Chappell made a motion, seconded by Mayor Pro tempore Gilley, that
the application of James E. Lowery for a change in zoning of property located at
3644 South Henderson Street from "F -R" Restricted Commercial to "E" Commercial, Zoning
Docket No. Z-90-032, which application was recommended for denial by the City Zoning
Commission, be upheld. When the motion was put to a vote by the Mayor, it prevailed
unanimously.
At this time Mayor Bolen excused himself from the Council Chamber and Mayor Pro
tempore Gilley assumed his chair.
Conducted public hear It appearing to the City Council that on March 10, 1990, the City Council held a
ing re hater Capital public hearing to consider the Capital Improvements Plan for water and wastewater
Improvement Plan & facilities and that the hearing was recessed until the meeting of May 15, 1990, to give
Associated Impact Fees every interested person or citizen opportunity to be heard. Mayor Bolen asked if there
was anyone present desiring to be heard.
Mr. Richard Sawey Mr. Richard Sawey, Director of the Water Department, appeared before the City
appeared and gave Council and gave staff report and call attention to the City Council to Mayor and
staff report Council Communication No. G-8614.
Consideration of
There was presented Mayor and Council Communication No. G-8614 from the City
Water Capital Improve
Manager stating that the City Council on December 5, 1989, established the Capital
ment Plan & Associated
Improvements Plan Advisory Committee whose duties included reviewing and assisting the
Impact Fees
City in adopting the Land Use Assumptions for water and wastewater service areas; that
the City Council approved a resolution on January 30, 1990, adopting the Water and
Wastewater Land Use Assumptions; that the City Council approved a resolution on
February 27, 1990, calling for a public hearing to consider the Capital Improvements
Plan for water and wastewater facilities and the associated impact fees; that the City
Council held a public hearing to consider the Capital Improvements Plan for water and
wastewater facilities on March 10, 1990; stating that the impact fee ordinance amends
Chapter 35 of The Code of the City of Fort Worth by adding Section 35-58.2, which
applies to all new development within the corporate boundaries of Fort Worth and its
extraterritorial jurisdiction; that the ordinance establishes a maximum impact fee
assessment per service unit of $839.00 and $1,285.00 for water and wastewater
facilities respectively, to be assessed -as set forth in Schedule 1 and a second
schedule, Schedule 2 references the amount of impact fee per service unit which would
actually be collected; stating that a new development would be assessed at the time of
final platting using Schedule 1 and would pay the fee at the time a building permit is
approved using the fees established in Schedule 2; and recommending that an ordinance
establishing impact fees for wastewater and water be adopted.
Minutes of City Council P-3 Page 41
tj #-,p r
__X,9�#
TUESDAY, MAY 15, 1990
Mr. Bob Madeja appear!d Mr. Bob Madeja, 2004 Pembroke, builder in the City of Fort Worth, appeared before
re Capital Improve- the City Council and advised the City Council that, in his opinion, the process for the
ments Plan consideration of Capital Improvements Plan for water and wastewater facilities was very
complicated and tedious, and advised the City Council that, with the proposed impact
fee, in his opinion, the availability for first time buyers in purchasing a home can
become a problem but advised the City Council that he is not against an impact fee.
Mr. Bill Thornton Mr. Bill Thornton, 7401 Old Mill Run, appeared before the City Council and
appeared re impact presented a copy of the statement and presented correspondence from the Fort Worth
fees Chamber of Commerce, as follows:
TO: FORT WORTH CITY COUNCIL
FROM: ECONOMIC DEVELOPMENT DIVISION
FORT WORTH CHAMBER OF COMMERCE
DATE: MAY 15, 1990
SUBJECT: IMPACT FEES
Mayor Bolen and members of the City Council. We appreciate the opportunity
to address you here today. We also appreciate the efforts of city staff and
the advisory committee in developing the land use assumptions which are the
basis for the impact fee structure we are discussing today.
Senate Bill 336 has given municipalities the opportunity to distribute the
burden of financing capital improvement projects needed to meet demands on
water and wastewater services created by new development. Where that burden
falls is the dilemma presently facing the Council. The present proposal
before City Council, in concept, places that burden on the developer.
However, for any member of our community to assume that the proposal before
the Council today shifts that burden totally to the development side of the
equation, is in our opinion, incorrect. Impact fees assessed and charged to
developers are going to be passed on, not absorbed. In the case of single
family home construction the charge will be passed on to the builder and
ultimately to the home buyer in the form of additional closing costs or
rolled into home mortgages. This would adversely affect affordable housing
and an already slumping new housing market.
An additional consideration is the impact these charges could have on plans
for expansion by local businesses. The Chamber has surveyed many of the
community's local businesses over the last six months. We have found that a
majority of those surveyed feel the business climate in Fort Worth is
improving and that 61% anticipated expanding their operations during the next
five years. The introduction of an unanticipated financial hurdle would very
likely diminish the current optimism and delay expansion plans. Any such
slow down in local business growth will influence the creation of new jobs
and make the absorption of anticipated layoffs a much greater challenge.
Fort Worth presently maintains a very competitive position regionally and
nationally for attracting new business and retaining existing operations.
Any decision that could adversely impact this community's ability to remain
competitive in this arena must be weighed carefully.
Many will agree that the Fort Worth economy is positioned to begin a recovery
that can greatly enhance many quality of life issues in this community. We
all share an opportunity to benefit from this turnaround and therefore must
share in the responsibility of the financial burden it creates. The use of
impact fees to finance Water and Wastewater Capital Improvement Projects is
an innovative alternative to our existing procedure. Our only concern is
that the financial burden be distributed in an equitable manner, avoiding the
creation of serious barriers for economic growth and unacceptable rates for
retail customers.
14rr. Kelly Thompson
Mr. Kelly Thompson, representing Woodbine Development Community, appeared before
appeared re impact
the City Council and advised the City Council that some type of impact fee should be
fees
established at this time.
Mayor Bolen assumed his chair at the Council table at this time.
Fir. Dwaine Johnson
Mr. Dwaine Johnson, 7001 Castle Creek Drive, appeared before the City Council
appeared re impact
representing Fort Worth and Tarrant County Home Builders Association and presented
fees
handouts to the Council with concerns regarding the $1,341.00 amount that will be
placed on entry level housing and advised the City Council that, in his opinion, some
type of differentiation needs to be given in regard to the purchase of a $50,000.00
house and a $500,000.00 house and advised Council that an impact fee such as this would
be taking about 12,000 families that would have qualified for entry level housing out
of the buying market.
Mr. Bud Smith, 201 Main Street, President of Tarrant County Chapter of NAIOP,
Mr. Bud Smith appeare
appeared before the City Council and advised the City Council of their willingness to
re impact fees
work with the City in the establishment of impact fees for wastewater and water.
Minutes of City Council P-3 Page 42
43
TUESDAY, MAY 15, 1990
Closed hearing on Mayor Pro tempore Gilley made a motion, seconded by Council Member Zapata, that
Capital Improvement the hearing to consider adoption of a Water Capital Improvements Plan and Associated.
Plan Impact Fees be closed and the ordinance be deferred to the City Council Water and
Wastewater Committee and instructed that the ordinance be brought back before the City
Council for final approval, with the staff to meet with customer cities to discuss the
access fees versus impact fees and how it will effect the customer city contracts.
Mr. Carl Wilson ap Mr. Carl Wilson, Chairman of the Capital Improvements Plan Advisory Committee,
peared re Caital appeared before the City Council and read an interoffice correspondence, as follows:
Improvements Plan
Advisory Committee TO: City Council Members
FROM: Capital Improvements Plan Advisory Committee
SUBJECT: CAPITAL IMPROVEMENTS PLAN AND ASSOCIATED IMPACT FEE
One of the duties of this five person committee, appointed on December 5,
1989, is to review the Water Capital Improvement Plan and the Wastewater
Capital Improvement Plan and file written comments to the City Council prior
to the public hearing. The Advisory Committee is composed of the following
members:
Mr. Carl Wilson - Extraterritorial Jurisdiction (ETJ)
Mr. Bob Madeja - Building Community
Mr. Kelly Thompson - Development Community
Mr. Aly Knox - Neighborhood Community
Mrs. Walter B. Barbour - Neighborhood Community
The Committee met on December 14, 1989, January 10, 1990, February 7, 1990,
February 21, 1990, March 8, 1990, March 20, 1990, March 27, 1990 and April 2,
1990; a summary of the key points discussed at each meeting are included on
Attachment A.
The Committee has relied on staff that certain information presented to them
is accurate. The Committee accepts that the information presented by the
staff is accurate in the following particulars:
1) the population and employment information for the planning period
(1990-2000) provided by North Texas Council of Governments, upon which
the assumptions for growth within the service area is based;
2) the list of eligible capital improvement projects, based on the
Water and Wastewater Master Plan, are required facilities in the next
ten (10) years and the engineering cost estimates have been accurately
calculated;
3) the methodology for cost allocation is reasonable and only includes
costs attributable to new development in the planning period;
4) the equivalent meter unit is an appropriate measure for service unit
determination and that calculations of service units have been made.
accurately; and
5) the maximum potential impact fee, calculated by dividing the total
capital improvements cost by the total projected number of service
units, is $839 for water and $1,285 for wastewater.
The Committee agrees with the methodology and calculations used to arrive at
the water and wastewater impact fees. The Committee further agrees that
these impact fees are the maximum allowable under the state law.
The Committee will continue to review the impact fee process and provide
written comments to City Council at a later date.
/S/ Carl C. Wilson
Carl Wilson
Chairman, Citizens Advisory Committee
Mr. Jinn McKenzie Mr. Jim McKenzie, Mayor Pro tempore of the City of Hurst, appeared before the City
appeared re impact Council and requested additional information on the impact fees and advised the City
fees Council that he would like to have the City of Hurst's consultants look at the
information provided and advised the City Council that he has not reviewed Schedules 1
and 2 and requested more information before passage of impact fees.
Mrs. Walter B. Barbour Mrs. Walter B. Barbour, 1904 Bunch Drive, appeared before the City Council and
appeared re impact fecs expressed support of staff's recommendation for the maximum allowable impact fee but
requested that City Council remember the senior citizens and people who are on fixed
incomes.
When the motion, that the hearing to consider adoption of a Water Capital
Hearing closed; Improvements Plan and Associated Impact Fees be closed and the ordinance be deferred to
ordinance deferred the City Council Water and Wastewater Committee, to be brought back before the City
to the City Council Council before final approval, with the staff to meet with customer cities to discuss
Water & Wastewater
Committee
Minutes of City Council P-3 Page 43
44
Hearing - Papurt Dr
Continued hearing
until May 29, 1990
Mr. Lane Moss appe
re fire fighters f.
Station 7
Mr. Robert Snoke
appeared re Sheba's
Council requested
report on Sheba's
Mr. D.F. Jackson
appeared re Fire
Station No. 7
Adjourn
TUESDAY, MAY 15, 1990
the access fees versus impact fees and how it will effect the customer city contracts,
was put to a vote by the Mayor, it prevailed unanimously.
It appearing to the City Council that the hearing on Papurt Drive from I -35W to
Leming Street and Leming Street from I -35W to Papurt Drive was continued today until
the end of the agenda, Mayor Bolen asked if there was anyone present desiring to be
heard.
Mrs. Martha Lunday, representing the Department of Transportation and Public.
Works, appeared before the City Council and advised the City Council that the bids for
the assessment paving of Papurt Drive from I -35W to Leming Street and Leming Street
from I -35W to Papurt Drive expired at the end of April but that the low bidder, Austin
Paving Company, has agreed to extend the bid to June 12, 19900
Council Member Zapata made a motion, seconded by Council Member Chappell, that the
hearing be continued from day to day and from time to time and especially until the
meeting of May 29, 1990, to give every interested person or citizen opportunity to be
heard. When the motion was put to a vote by the Mayor, -it prevailed unanimously.
Mr. Lane Moss, 8713 Brushy Creek Trail, appeared before the City Council and
presented supplemental petitions to the City Council in opposition to the transfer of a
fire truck and associated fire fighters from Station 7 to the Alliance Airport.
Mr. Robert Snoke, 3826 6th Avenue, appeared before the City Council and advised
the City Council that half of the Hemphill fire station personnel also have been cut
and requested information regarding the status of Sheba's in the Hemphill area.
Council Member Chappell requested that the City Manager prepare a staff report on
next week on the status of Sheba's.
Mr. D.F. Jackson, 8720 Misty Trail, appeared before the City Council and requested
that the City Council disallow the removal of 50 percent of Fire Station No. 7 and
advised the City Council that the Quint truck is the truck that the City is going to
remove from the area and requested that the budget be cut somewhere else and not at the
expense and safety of the citizens.
There being no further business, the meeti
CITY SECRETARY
Minutes of City Council P-3 Page 44