HomeMy WebLinkAbout1990/11/13-Minutes-City CouncilCouncil Met
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Pledge of
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CITY COUNCIL MEETING
NOVEMBER 13, 1990
On the 13th day of November, A.D., 1990, the City Council of the City of Fort
Worth, Texas, met in regular session, with the following members and officers present,
to -wit:
Mayor Bob Bolen; Mayor Pro tempore Garey W. Gilley; Council Members Louis J.
Zapata, William N. Garrison, Kay Granger, Eugene McCray, Bill Meadows, 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:
The invocation was given by Rabbi Ralp Mecklenberg, Temple Beth El.
The Pledge of Allegiance was recited.
Minutes of City Council Q-3 Page 348
Ainutes of
Hovelaber 5. 19990
were approved
Mr. Tom Tyler Pres
anted a certificat
to Mayor Boien
11i thdrew M&C C-126
Withdrew Mal"C G-1.03
Withdrew M&C L-103
Ci ty, Managet Ivory
requetted.:M&C Nos.
G-8904, G-8905 and
C-12604 be cont.
until after the
bond sale schedule
for 11:60 a.m.
Consent agenda
approved
39
TUESDAY, NOVEMBER 13, 1990
On motion of Mayor Pro tempore Gilley, seconded by Council Member Zapata, the
minutes of the meeting of November 6, 1990, were approved.
Mr. Tom Taylor, Sr., World Safety Organization, presented a certificate of
appreciation to Mayor Bob Bolen.
Council Member Meadows requested that Mayor and Council Communication No. C-12604
be withdrawn from the consent agenda.
Council Member Webber requested that Mayor and Council Communication No. L-10306
be withdrawn from the consent agenda.
Council Member Granger requested that Mayor and Council Communication No. L-10304
be withdrawn from the consent agenda.
City Manager Ivory requested that Mayor and Council Communication Nos. G-8904,
G-8905, and C-12604 be continued until after the bond sale scheduled for 11:00 a.m.
On motion of Mayor Pro tempore Gilley, seconded by Council Member Zapata, the
consent agenda, as amended, was approved.
Council Member McCray advised City Councoil that he is abstaining from the vote on
the resolution proving a resolution authorizing the issuance of bonds and other matters
with respect to the Page Avjet Corporation project at Meacham Field.
Introduced Mayor Pro tempore Gilley introduced a resolution and made a motion that it be
a Resolution adopted. The motion was seconded by Council Member Zapata. The motion, carrying with
it the adoption of said resolution, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, Meadows, Webber, and Chappell
NOES: None
ABSENT: None
NOT VOTING: Council Member McCray
The resolution, as adopted, is as follows:
Raso l uti ori No. 168 RESOLUTION NO. 1687
WHEREAS, Sunbelt Industrial Development Corporation (the "Corporation")
was created under the auspices of the City of Fort Worth (the "City"); and
WHEREAS, on February 22, 1990, the City and Page Avjet Corporation, a
Delaware corporation (the "Company") executed that certain "Fort Worth
Aircraft Maintenance Hangar Facility Agreement" (the "Ground Lease").
whereunder the City was to lease certain land located at Meacham Field to the
Company, and the Company was to build or cause to be built thereon an
aircraft maintenance facility; and
WHEREAS, the parties to the Ground Lease expressed their intent to have
the City, acting through the Corporation, to issue tax-exempt revenue bonds
to finance the construction of the facility, with the Company being obligated
to make the debt service payments in support of said bonds; and
WHEREAS, the Company has found a purchaser for said bonds, and the
Corporation has adopted a resolution authorizing the issuance of said bonds;
and
WHEREAS, the purchaser of said bonds had requested that as a condition
to the purchase of said bonds it be granted a security interest in the
leasehold interest of the Company, as set forth in the "Ground and Facilities
Use Agreement" between the Corporation and the Company, dated as of November
1, 1990 (the "Facilities Use Agreement") and as contemplated by the Ground
Lease; and
WHEREAS, in order to enable said purchaser to perfect the security
interest in the leasehold interest of the Company, it is deemed necessary and
advisable for the City to amend the Ground Lease solely for the purpose of
more accurately defining the premises subject to the Ground Lease; and
WHEREAS, notice of a public hearing on the Project (as defined in the
Facilities Use Agreement attached hereto), as required by Section 147 of the
Internal Revenue Code of 1986, as amended (the "Code"), was published in a
newspaper of general circulation in the City at least 14 days prior to such
public hearing; and
Minutes of City Council Q-3 Page 349
359
. TUESDAY, NOVEMBER 13, 1990
eso&ution No. WHEREAS, it is deemed necessary and advisable that this Resolution be
687 cont. adopted.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH
THAT:
Section 1. The "Ground and Facilities Use Agreement" by and between the
Company and the Corporation (the "Facilities Use Agreement"), in
substantially the form and substance as attached to this Resolution and made
a part hereof for all purposes, is hereby approved, and revenue bonds in the
principal amount of $6,000,000 (the "Bonds"), may be issued for the purpose
of providing all or a portion of the cost of the acquisition, construction,
equipping and improvement of certain airport facilities within the boundaries
of the City for use by the Company, which Project is in compliance with the
Development Corporation Act of 1979, as amended, and the rules promulgated
thereunder by the Texas Department of Commerce; and said Project is hereby
approved.
Section 2. The resolutions adopted by the Corporation authorizing the
execution of the Facilities Use Agreement, the issuance of the Bonds and the
execution of the Trust Indenture by and between the Corporation and
Ameritrust Texas National Association, as Trustee, in substantially the form
and substance attached to this Resolution and made a part hereof for all
purposes, are hereby specifically approved, and the Bonds may be issued as
provided for therein.
Section 3. The City Manager or the designee thereof is hereby
authorized to execute and deliver the appropriate instruments to amend the
Ground Lease to correct the property description therein set forth, which
corrected property description is substantially in the form attached to this
Resolution and made a part hereof for all purposes.
Section 4. The City hereby consents to the assignment of certain
interests of the Company granted by the Ground Lease to the Trustee, in
particular as evidenced by the Ground Lease Deed of Trust, Assignment of
Rents and Security Agreement from the Company to the Trustee, and the
execution by the City Manager of the City thereof to evidence the aforesaid
consent being hereby authorized, for the benefit of the purchasers of the
Bonds, in accordance with and subject to the terms and conditions set forth
in the Ground Lease, is hereby authorized.
Section 5. The City Council of the City of Fort Worth hereby approves
the issuance of the aforesaid Bonds in the principal amount not to exceed
$20,000,000 for the Company, and such approval shall be solely for the
purposes of Section 147 of the Code, as amended, and the City of Fort Worth,
Texas shall have no liabilities for the payment of the Bonds nor shall any of
its assets be pledged to the payment of the Bonds.
n tr oduced an Council Member Zapata introduced an ordinance and made a motion that it be adopted.
r Bina nce The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying with it the
adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
CITY OF FORT WORTH ORDINANCE
rd i aance No. II NO. 10721
0721
An ordinance passed concurrently by the City Councils, respectively, of
the Cities of Dallas and Fort Worth, authorizing the issuance of Dallas -Fort
Worth Regional Airport Joint Revenue Refunding Bonds, Series 1992A, in the
aggregate principal amount of not to exceed $116,280,000, bearing interest at
the rates specified, for the purpose of refunding up to $110,700,000 of Joint
Revenue Bonds, Series 1982A maturing November 1, 2012; providing for the form
of said bonds; appointing a Paying Agent/Registrar and providing for the
transfer and exchange of such bonds; awarding the sale of such bonds to the
purchasers thereof; authorizing the Dallas -Fort Worth International Airport
Board to deliver said bonds as herein directed; providing that such bonds are
on a parity with the outstanding Dallas -Fort Worth Regional Airport Joint
Revenue Bonds heretofore or hereafter issued; adopting pertinent provisions
of and supplementing the 1968 Regional Airport Concurrent Bond Ordinance and
the Supplemental Regional Airport Concurrent Bond Ordinances which authorized
the issuance of Outstanding Bonds; providing for the deposit of the proceeds
of the Series 1992A Bonds into certain funds and into special escrow funds
Minutes of City Council Q-3 Page 350
351
TUESDAY, NOVEMBER 13, 1990
Ordinance No. authorized to be established hereby for the benefit of certain of the said
10721 cont. bonds being refunded; and directing that due observance of the covenants
herein contained be made by the Board; providing for severability; ordaining
other matters incident and relating to the subject and purpose hereof; and
declaring an emergency.
WHEREAS, pursuant to applicable laws and a certain contract and
agreement, dated April 15, 1968 (the "Contract and Agreement"), the City
Councils, respectively, of the Cities of Dallas and Fort Worth, by an
ordinance passed concurrently on November 11, 1968, and November 12, 1968
(the "1968 Ordinance"), authorized the issuance of and sold their Dallas -Fort
Worth Regional Airport Joint Revenue Bonds, Series 1968 (the "Series 1968
Bonds"), and by ordinances concurrently passed subsequently authorized the
issuance of and sold the Outstanding Bonds for the purpose of paying the
costs of the Dallas -Fort Worth International Airport (formerly known as the
"Dallas -Fort Worth Regional Airport") and for the purpose of refunding
certain bonds issued pursuant to the 1968 Ordinance as supplemented; and
WHEREAS, such subsequently issued bonds were issued as "Bonds" in
accordance with the terms of the 1968 Ordinance and on a parity with the
Series 1968 Bonds; and
WHEREAS, said ordinances authorizing the Outstanding Bonds permit the
issuance of Refunding Bonds, on a parity with the Outstanding Bonds, to
refund any part or all of the Outstanding Bonds; and
WHEREAS, in accordance with the Contract and Agreement said City Councils
have been requested by the Dallas -Fort Worth International Airport Board to
issue additional joint revenue bonds pursuant to a concurrent bond ordinance
to refund a maturity of a series of previously issued Outstanding Bonds; and
WHEREAS, it is deemed by said City Councils to be desirable, appropriate
and necessary to issue such series of bonds for such purposes; and
WHEREAS, the City Councils have each found and determined as to each that
the matters to which this 1992A Ordinance relates are matters of imperative
public need and necessity in the protection of the health, safety and morals
of the citizens of each of the Cities and, as such, that this 1992A Ordinance
is an emergency measure and shall be effective as to each City respectively
upon its adoption by its City Council, and the meetings were open to the
public as required by law; and that public notices of the time, place and
purpose of said meetings were given as required by Article 6252-17,
V.A.T.C.S., as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS,
TEXAS:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
ARTICLE I
TITLE, PREAMBLES AND RATIFICATION
Section 1.1. Short Title. This 1992A Ordinance may be cited by the
short title, "Eighteenth Supplemental Regional Airport Concurrent Bond
Ordinance."
Section 1.2. Adoption of Preambles. All of the declarations and
findings contained in the preambles of this 1992A Ordinance are made a part
hereof and shall be fully effective as a part of the ordained subject matter
of this 1992A Ordinance.
Section 1.3. Ratification. All action heretofore taken (not
inconsistent with the provisions hereof) by the Cities, by the Board and by
the employees and officers of each directed toward the Airport and the
issuance of the bonds herein authorized is hereby ratified, approved and
confirmed.
ARTICLE II
DEFINITIONS AND CONSTRUCTION
Section 2.1. Adoption of Definitions. The definitions set forth in
Article II of the 1968 Ordinance are made a part hereof and shall be as fully
effective as part of the subject matter of this 1992A Ordinance as if
repeated in full herein.
Minutes of City Council Q-3 Page 351
352
TUESDAY, NOVEMBER 13, 1990
Section 2.2. Additional Definitions. In addition to the definitions set
Ordinance No. forth in the said 1968 Ordinance, the terms defined in this Section for all
1.0721 cont• purposes of this 1992A Ordinance and of any ordinance amendatory hereof,
supplemental or relating hereto, and of any instruments or documents
appertaining hereto, except where the context by clear implication shall
otherwise require, shall have the respective meanings herein specified as
follows, to -wit:
"MASTER PLAN" shall mean and refer to the Airport's Master Plan of
Development adopted on September 30, 1969, as amended from time -to -time.
"1968 ORDINANCE" shall mean and refer to the 1968 Regional Airport
Concurrent Bond Ordinance passed by the City Councils of the Cities,
respectively, on November 11, 1968 and November 12, 1968.
"1972 ORDINANCE" shall mean and refer to the Fifth Supplemental Regional
Airport Concurrent Bond Ordinance passed by the City Councils of the Cities
on March 6, 1972.
"1976 ORDINANCE" shall mean and refer to the Seventh Supplemental
Regional Airport Concurrent Bond Ordinance passed by the City Councils of the
Cities on October 20, 1976, as amended November 8, 1976.
"1977 ORDINANCE" shall mean and refer to the Eighth Supplemental Regional
Airport Concurrent Bond Ordinance passed by the City Councils of the Cities
on August 30 and August 31, 1977.
"1978 ORDINANCE" shall mean and refer to the Ninth Supplemental Regional
Airport Concurrent Bond Ordinance passed by the City Councils of the Cities
on April 4 and April 5, 1978.
"1982 ORDINANCE" shall mean and refer to the Tenth Supplemental Regional
Airport Concurrent Bond Ordinance passed by the City Councils of the Cities
on March 3, 1982.
"1982A ORDINANCE" shall mean and refer to the Eleventh Supplemental
Regional Airport Concurrent Bond Ordinance passed by the City Councils of the
Cities on November 16 and November 17, 1982.
"1984 ORDINANCE" shall mean and refer to the Twelfth Supplemental
Regional Airport Concurrent Bond Ordinance passed by the City Councils of the
Cities on September 11 and September 12, 1984.
"1984A ORDINANCE" shall mean and refer to the Thirteenth Supplemental
Regional Airport Concurrent Bond Ordinance passed by the City Councils of the
Cities on October 9 and October 10, 1984.
"1985 ORDINANCE" shall mean and refer to the Fourteenth Supplemental
Regional Airport Concurrent Bond Ordinance passed by the City Councils of the
Cities on December 3 and December 4, 1985.
"1987 ORDINANCE" shall mean and refer to the Fifteenth Supplemental
Regional Airport concurrent Bond Ordinance passed by the City Councils of the
Cities on October 6 and 7, 1987.
"1992 ORDINANCE" shall mean and refer to the Sixteenth Supplemental
Regional Airport Concurrent Bond Ordinance passed by the City Councils of the
Cities on September 11 and 12, 1990.
"1992A ORDINANCE" shall mean and refer to the Eighteenth Supplemental
Regional Airport concurrent Bond Ordinance passed by the City Councils of the
Cities on November 13 and 14, 1990.
"1994 ORDINANCE" shall mean and refer to the Seventeenth Supplemental
Regional Airport Concurrent Bond Ordinance passed by the City Councils of the
Cities on September 11 and 12, 1990.
"OUTSTANDING BONDS" shall mean the outstanding Dallas -Fort Worth Regional
Airport Joint Revenue Bonds, Series 1972, authorized by the 1972 Ordinance,
the Dallas -Fort Worth Regional Airport Joint Revenue Refunding Bonds, Series
1976, authorized by the 1976 Ordinance, the Dallas -Fort Worth Regional
Airport Joint Revenue Construction and Refunding Bonds, Series 1977,
authorized by the 1977 Ordinance, the Dallas -Fort Worth Regional Airport
Joint Revenue Bonds, Series 1978, authorized by the 1978 Ordinance, the
Dallas -Fort Worth Regional Airport Joint Revenue Bonds, Series 1982A,
authorized by the 1982A Ordinance, the Dallas -Fort Worth Regional Airport
Joint Revenue Bonds, Series 1984, authorized by the 1984 Ordinance, the
Dallas -Fort Worth Regional Airport Joint Revenue Refunding Bonds, Series
1984A, authorized by the 1984A Ordinance, the Dallas -Fort Worth Regional
Airport Joint Revenue Bonds, Series 1985, authorized by the 1985 Ordinance
and the Dallas -Fort Worth Regional Airport Joint Revenue Refunding Bonds,
Minutes of City Council Q-3 Page 352
353
TUESDAY, NOVEMBER 13, 1990
Ordinance No. Series 1987, authorized by the 1987 Ordinance and shall also mean the
10721 Dallas -Fort Worth Regional Airport Joint Revenue Refunding Bonds, Series 1992
heretofore authorized and issued and the Dallas -Fort Worth Regional Airport
Joint Revenue Refunding Bonds, Series 1994 heretofore authorized and issued
once such series of Bonds are delivered and outstanding.
"PAYING AGENT/ REGISTRAR" shall mean NCNB Texas National Bank, with
respect to the Series 1992A Bonds or any successor appointed pursuant to the
provisions
of Section 3.4 hereof.
"REFUNDING BONDS" shall mean any refunding bonds issued pursuant to
Section 8.6 of the 1968 Ordinance for the purpose of refunding any Bonds
outstanding.
"SERIES 1972 BONDS" shall mean the Dallas -Fort Worth Regional Airport
Joint Revenue Bonds, Series 1972, authorized by the 1972 Ordinance.
"SERIES 1976 BONDS" shall mean the Dallas -Fort Worth Regional Airport
Joint Revenue Refunding Bonds, Series 1976, authorized by the 1976 Ordinance.
"SERIES 1977 BONDS" shall mean the Dallas -Fort Worth Regional Airport
Joint Revenue Construction and Refunding Bonds, Series 1977, authorized by
the 1977 Ordinance.
"SERIES 1978 BONDS" shall mean the Dallas -Fort Worth Regional Airport
Joint Revenue Bonds, Series 1978, authorized by the 1978 Ordinance.
"SERIES 1982 BONDS" shall mean the Dallas -Fort Worth Regional Airport
Joint Revenue Bonds, Series 1982, authorized by the 1982 Ordinance.
"SERIES 1982A BONDS" shall mean the Dallas -Fort Worth Regional Airport
Joint Revenue Bonds, Series 1982A, authorized by the 1982A Ordinance.
"SERIES 1984 BONDS" shall mean the Dallas -Fort Worth Regional Airport
Joint Revenue Bonds, Series 1984, authorized by the 1984 Ordinance.
"SERIES 1984A BONDS" shall mean the Dallas -Fort Worth Regional Airport
Joint Revenue Refunding Bonds, Series 1984A, authorized by the 1984A
Ordinance.
"SERIES 1985 BONDS" shall mean the Dallas -Fort Worth Regional Airport
Joint Revenue Bonds, Series 1985, authorized by the 1985 Ordinance.
"SERIES 1987 BONDS" shall mean the Dallas -Fort Worth Regional Airport
Joint Revenue Refunding Bonds, Series 1987, authorized by the 1987 Ordinance.
"Series 1992 BONDS" shall mean the Dallas -Fort Worth Regional Airport
Joint Revenue Refunding Bonds, Series 1992, authorized by the 1992 Ordinance.
"Series 1992A BONDS" shall mean the Dallas -Fort Worth Regional Airport
Joint Revenue Refunding Bonds, Series 1992A, herein authorized to be issued
and sold.
"SERIES 1994 BONDS" shall mean the Dallas -Fort Worth Regional Airport
Joint Revenue Refunding Bonds, Series 1994, authorized by the 1994 Ordinance.
ARTICLE III
THE BONDS
Section 3.1. Authorization. So as to protect the public safety and in
order to promote and advance the general welfare of the citizens of Dallas
and Fort Worth and the North Central Texas region, it is hereby declared
necessary that the Cities issue, and the Cities hereby authorize and direct
the issuance of the Dallas -Fort Worth Regional Airport Joint Revenue
Refunding Bonds, Series 1992A, in the aggregate principal amount of not to
exceed $116,280,000, pursuant to the provisions of Article 46d, Article
1269]-5.1, Article 717k and Article 717q V.A.T.C.S., as amended, for the
purpose of refunding on May 1, 1992 up to $110,700,000 of the Series 1982A
Bonds maturing on November 1, 2012 being Series 1982A Bonds numbered 9,261 to
31,400, inclusive (the "Refunded Bonds"), now outstanding. It is hereby
officially found and determined that the proceeds of the Series 1992A Bonds
to be received February 5, 1992, if all such Series 1992A Bonds authorized
are issued and delivered, together with the money hereafter authorized and
directed to be transferred on February 5, 1992 from the Interest and Sinking
Fund to the Dallas -Fort Worth Regional Airport Series 1992A Special Escrow
Fund pursuant to Article V hereof, will be sufficient to provide funds to pay
the principal of all or a portion of the Refunded Bonds, the applicable two
percent (2%) premium and the interest thereon to May 1, 1992 and the bond
insurance premium to Financial Guaranty Insurance Company in accordance with
Minutes of City Council Q-3 Page 353
35-A
TUESDAY, NOVEMBER 13, 1990
M 11
rdinance No. the commitment letter for such insurance. The Series 1992A Bonds are issued
0721 cont. as Refunding Bonds pursuant to and as permitted by the 1968 Ordinance, and
shall be on a parity with the Outstanding Bonds remaining outstanding.
Section 3.2. Date, Denominations and Maturities. The Series 1992A Bonds
shall be dated November 1, 1990, shall be in the denomination of $5,000 each,
or any integral multiple thereof, shall be numbered consecutively from one
upward and shall mature and become due and payable on November 1 in the years
and in the amounts as follows:
The Series 1992A Bonds are being sold pursuant to an Escrow and Forward
Purchase Agreement, referred to in Section 4.3 hereof, pursuant to which the
Series 1992A Bonds are to be delivered on February 5, 1992. Such Escrow and
Forward Purchase Agreement contemplates the possibility that less than all of
the Series 1992A Bonds may be delivered in which event the Series 1992A Bonds
not delivered to such purchasers shall be cancelled by the Paying
Agent/Registrar and returned to the Board with a cancellation certificate and
thereafter shall be treated as no longer authorized or outstanding under the
1968 Ordinance, as supplemented and amended, and under this 1992A Ordinance.
Section 3.3. Interest Rates.
A. The Series 1992A Bonds shall bear interest from February 5, 1992 to
their stated maturities or earlier redemption at the following rates:
all
Maximum
scheduled
Maximum
Years
Amounts
Years
Amounts
1993
$465,000
2004
$ 8,155,000
1994
500,000
2005
8,905,000
1995
540,000
2006
9,515,000
1996
580,000
2007
10,390,000
1998
1,300,000
2008
11,115,000
1999
725,000
2009
11,945,000
2000
780,000
2010
13,000,000
2001
840,000
2011
13,880,000
2002
905,000
2012
15,165,000
2003
7,575,000
year
1996
The Series 1992A Bonds are being sold pursuant to an Escrow and Forward
Purchase Agreement, referred to in Section 4.3 hereof, pursuant to which the
Series 1992A Bonds are to be delivered on February 5, 1992. Such Escrow and
Forward Purchase Agreement contemplates the possibility that less than all of
the Series 1992A Bonds may be delivered in which event the Series 1992A Bonds
not delivered to such purchasers shall be cancelled by the Paying
Agent/Registrar and returned to the Board with a cancellation certificate and
thereafter shall be treated as no longer authorized or outstanding under the
1968 Ordinance, as supplemented and amended, and under this 1992A Ordinance.
Section 3.3. Interest Rates.
A. The Series 1992A Bonds shall bear interest from February 5, 1992 to
their stated maturities or earlier redemption at the following rates:
all
bonds
scheduled
to
mature
in
the
year
1993
...
7.500%
per
annum;
all
bonds
scheduled
to
mature
in
the
year
1994
...
7.500%
per
annum;
all
bonds
scheduled
to
mature
in
the
year
1995
...
7.600%
per
annum;
all
bonds
scheduled
to
mature
in
the
year
1996
...
7.600%
per
annum;
all
bonds
scheduled
to
mature
in
the
year
1998
...
7.650%
per
annum;
all
bonds
scheduled
to
mature
in
the
year
1999
...
7.700%
per
annum;
all
bonds
scheduled
to
mature
in
the
year
2000
...
7.700%
per
annum;
all
bonds
scheduled
to
mature
in
the
year
2001
...
7.750%
per
annum;
all
bonds
scheduled
to
mature
in
the
year
2002
...
7.750%
per
annum;
all
bonds
scheduled
to
mature
in
the
year
2003
...
7.750%
per
annum;
all
bonds
scheduled
to
mature
in
the
year
2004
...
7.800%
per
annum;
all
bonds
scheduled
to
mature
in
the
year
2005
...
7.800%
per
annum;
all
bonds
scheduled
to
mature
in
the
year
2006
...
7.800%
per
annum;
all
bonds
scheduled
to
mature
in
the
year
2007
...
7.800%
per
annum;
all
bonds
scheduled
to
mature
in
the
year
2008
...
7.375%
per
annum;
all
bonds
scheduled
to
mature
in
the
year
2009
...
7.375%
per
annum;
all
bonds
scheduled
to
mature
in
the
year
2010
...
7.375%
per
annum;
all
bonds
scheduled
to
mature
in
the
year
2011
...
7.375%
per
annum;
all
bonds
scheduled
to
mature
in
the
year
2012
...
7.375%
per
annum;
Said interest shall be payable to the registered owner of any such Series -
1992A Bond in the manner provided and on the dates stated in the Form of Bond
set forth in Section 3.6 hereof.
Section 3.4. Paying Agent/Registrar.
A. The Cities shall keep or cause to be kept initially at the office of
NCNB Texas National Bank in Fort Worth, Texas, or such other bank, trust
company, financial institution or other agency named in accordance with the
provisions of G. of this Section 3.4 hereof (the "Paying Agent/Registrar")
books or records of the registration and transfer of the Series 1992A Bonds
(the "Registration Books") and the Cities hereby appoint the Paying
Agent/Registrar as its registrar and transfer agent to keep such books or
records and make such transfers and registrations under such reasonable
regulations as the Cities and the Paying Agent/Registrar may prescribe; and
the Paying Agent/Registrar shall make such transfers and registrations as
herein provided. It shall be the duty of the Paying Agent/Registrar to
obtain from the registered owner and record in the Registration Books the
address of such registered owner of each bond, and such other information as
may be required by law, to which payments with respect to the Series 1992A
Bonds shall be mailed, as herein provided. The Cities or their designee
Minutes of City Council Q-3 Page 354
355
TUESDAY, NOVEMBER 13, 1990
Ordinance No. shall have the right to inspect the Registration Books during regular
10721 cont. business hours of the Paying Agent/Registrar, but otherwise the Paying
Agent/Registrar shall keep the Registration Books confidential and, unless
otherwise required by law, shall not permit their inspection by any other
entity. Registration of each Series 1992A Bond may be transferred in the
Registration Books only upon presentation and surrender of such bond to the
Paying Agent/Registrar for transfer of registration and cancellation,
together with proper written instruments of assignment, in form and with
guarantee of signatures satisfactory to the Paying Agent/Registrar,
evidencing the assignment of the bond, or any portion thereof in any integral
multiple of $5,000, to the assignee or assignees thereof, and the right of
such assignee or assignees to have the bond or any such portion thereof
registered in the name of such assignee or assignees. Upon the assignment
and transfer of any Series 1992A Bond or any portion thereof, a new
substitute bond or bonds shall be issued in exchange therefor in the manner
herein provided.
B. The entity in whose name any Series 1992A Bond shall be registered in
the Registration Books at any time shall be treated as the absolute owner
thereof for all purposes of this 1992A Ordinance, whether or not such bond
shall be overdue, and the Cities and the Paying Agent/Registrar shall not be
affected by any notice to the contrary; and payment of, or on account of, the
principal of, premium, if any, and interest on any such bond shall be made
only to such registered owner. All such payments shall be valid and
effectual to satisfy and discharge the liability upon such bond to the extent
of the sum or sums so paid.
C. The Cities hereby further appoint the Paying Agent/Registrar to act
as the paying agent for paying the principal of and interest on the Series
1992A Bonds, and to act as its agent to exchange or replace Series 1992A
Bonds, all as provided in this 1992A Ordinance. The Paying Agent/Registrar
shall keep proper records of all payments made by the Cities and the Paying
Agent/Registrar with respect to the Series 1992A Bonds, and of all exchanges
of such bonds, and all replacements of such bonds, as provided in this 1992A
Ordinance. The Paying Agent/Registrar shall agree that, to the extent
possible, it will transfer or exchange bonds in no more than 3 business days
after receipt of the Series 1992A Bonds to be transferred or exchanged,
together with the written instrument of transfer or request for exchange duly
executed by the holder or his duly authorized agent, in form satisfactory to
the Paying Agent/Registrar.
D. Each Series 1992A Bond may be exchanged for fully registered bonds in
the manner set forth herein. Each bond issued and delivered pursuant to this
1992A Ordinance, to the extent of the unpaid or unredeemed principal balance
or principal amount thereof, may, upon surrender of such bond at the
principal corporate trust office of the Paying Agent/Registrar, together with
a written request therefor duly executed by the registered owner or the
assignee or assignees thereof, or its or their duly authorized attorneys or
representatives, with guarantee of signatures satisfactory to the Paying
Agent/Registrar, at the option of the registered owner or such assignee or
assignees, as appropriate, be exchanged for fully registered bonds, without
interest coupons, in the form prescribed in the Form of Bond set forth in
this 1992A Ordinance, in the denomination of $5,000, or any integral multiple
of $5,000 (subject to the requirement hereinafter stated that each substitute
bond shall have a single stated maturity date), as requested in writing by
such registered owner or such assignee or assignees, in an aggregate
principal amount equal to the unpaid or unredeemed principal balance or
principal amount of any Series 1992A Bond or Bonds so surrendered, and
payable to the appropriate registered owner, assignee or assignees, as the
case may be. If a portion of any Series 1992A Bond shall be redeemed prior
to its scheduled maturity as provided herein, a substitute bond or bonds
having the same maturity date, bearing interest at the same rate, in the
denomination or denominations of any integral multiple of $5,000 at the
request of the registered owner, and in an aggregate principal amount equal
to the unredeemed portion thereof, will be issued to the registered owner
upon surrender thereof for cancellation. If any Series 1992A Bond or portion
thereof is assigned and transferred, each bond issued in exchange therefor
shall have the same principal maturity date and bear interest at the same
rate as the bond for which it is being exchanged. Each substitute bond shall
bear a letter and/or number to distinguish it from each other bond. The
Paying Agent/Registrar shall exchange or replace Series 1992A Bonds as
provided herein, and each fully registered bond or bonds delivered in
exchange for or replacement of any Series 1992A Bond or portion thereof as
permitted or required by any provision of this 1992A Ordinance shall
constitute one of the Series 1992A Bonds for all purposes of this 1992A
Ordinance, and may again be exchanged or replaced. It is specifically
provided, however, that any Series 1992A Bond delivered in exchange for or
replacement of another Series 1992A Bond prior to the first scheduled
interest payment date on the Series 1992A Bonds (as stated on the face
thereof) shall be dated February 5, 1992, but each substitute bond so
delivered on or after such first scheduled interest payment date shall be
Minutes of City Council Q-3 Page 355
TUESDAY, NOVEMBER 13, 1990
dated as of the interest payment date preceding the date on which such
Ordinance No. substitute bond is delivered, unless such substitute bond is delivered on an
10721 interest payment date, in which case it shall be dated as of such date of
delivery; provided, however, that if at the time of delivery of any
substitute bond the interest on the bond for which it is being exchanged has
not been paid, then such substitute bond shall be dated as of the date to
which such interest has been paid in full. On each substitute bond issued in
exchange for or replacement of any Series 1992A Bond or Bonds issued under
this 1992A Ordinance there shall be printed thereon a Paying
Agent/Registrar's Authentication Certificate, in the form hereinafter set
forth. An authorized representative of the Paying Agent/Registrar shall,
before the delivery of any such substitute bond, date such substitute bond in
the manner set forth above, and manually sign and date such Certificate, and
no such substitute bond shall be deemed to be issued or outstanding unless
such Certificate is so executed. The Paying Agent/Registrar promptly shall
cancel all Series 1992A Bonds surrendered for exchange or replacement. No
additional ordinances, orders or resolutions need be passed or adopted by the
City Council or any other body or person so as to accomplish the foregoing
exchange or replacement of any Series 1992A Bond or portion thereof, and the
Paying Agent/Registrar shall provide for the printing, execution and delivery
of the substitute bonds in the manner prescribed herein. Pursuant to Article
717k-6, V.A.T.C.S., and particularly Section 6 thereof, the duty of exchange
or replacement of any Series 1992A Bonds as aforesaid is hereby imposed upon
the Paying Agent/Registrar, and, upon the execution of the above Paying
Agent/Registrar's Authentication Certificate, the exchanged or replaced bond
shall be valid, incontestable and enforceable in the same manner and with the
same effect as the Series 1992A Bonds which originally were delivered
pursuant to this 1992A Ordinance, approved by the Attorney General, and
registered by the Comptroller of Public Accounts. Neither the City nor the
Paying Agent/Registrar shall be required to transfer or exchange any Series
1992A Bond selected for redemption when such redemption is scheduled to occur
within 45 calendar days; provided, however, such limitation shall not apply
to an exchange by the holder of an unredeemed balance of a Series 1992A Bond
called for redemption in part.
E. All Series 1992A Bonds issued in exchange or replacement of any other
Series 1992A Bond or portion thereof, (i) shall be issued in fully registered
form, without interest coupons, with the principal of and interest on such
Series 1992A Bonds to be payable only to the registered owners thereof, (ii)
may be redeemed prior to their scheduled maturities, (iii) may be transferred
and assigned, (iv) may be exchanged for other Series 1992A Bonds, (v) shall
have the characteristics, (vi) shall be signed and sealed, and (vii) the
principal of and interest on the Series 1992A Bonds shall be payable, all as
provided, and in the manner required or indicated, in the Form of Bond set
forth in this 1992A Ordinance.
If any of the officers who shall have signed or sealed any of the Series
1992A Bonds or whose facsimile signature shall be upon the Series 1992A Bonds
shall cease to be such officer of the Cities before the Series 1992A Bond so
signed and sealed shall have been authenticated by the Paying Agent/Registrar
or delivered, such Series 1992A Bonds nevertheless may be authenticated,
issued and delivered with the same force and effect as the person or persons
who signed or sealed such Series 1992A Bonds or whose facsimile signature
shall be upon the Series 1992A Bonds had not ceased to be such officer of the
Cities; and any such Series 1992A Bond may be signed and sealed on behalf of
the Cities by those persons who, at the actual date of the execution of such
Series 1992A Bonds, shall be the proper officers of the Cities, although at
the date of such Series 1992A Bond any such persons shall not have been such
officer of the Cities.
F. The Cities, acting by and through the Board, shall pay the Paying
Agent/Registrar's reasonable and customary fees and charges for making
transfers and exchanges of Series 1992A Bonds, but the registered owner of
any Series 1992A Bond requesting such transfer or exchange shall pay any
taxes or other governmental charges required to be paid with respect thereto.
In addition, the Cities hereby covenant with the registered owners of the
Series 1992A Bonds that they will (i) pay the reasonable and standard or
customary fees and charges of the Paying Agent/Registrar for its services
with respect to the payment the principal of and interest on the Series 1992A
Bonds, when due, and (ii) pay the fees and charges of the Paying
Agent/Registrar for services with respect to the transfer, exchange or
registration of Series 1992A Bonds solely to the extent above provided.
G. The Cities covenant with the registered owners of the Series 1992A
Bonds that at all times while the Series 1992A Bonds are outstanding the
Cities will provide a competent and legally qualified bank, trust company,
financial institution or other agency to act as and perform the services of
Paying Agent/Registrar for the Series 1992A Bonds under this 1992A Ordinance,
and that the Paying Agent/Registrar will be one entity. The Cities reserve
the right to, and may after February 5, 1992, at its option, change the
Paying Agent/Registrar upon not less than 60 days written notice to the
Minutes of City Council Q-3 Page 356
357
TUESDAY, NOVEMBER 13, 1990
Ordinance No. Paying Agent/Registrar. In the event that the entity at any time acting as
10721 Paying Agent/Registrar (or its successor by merger, acquisition, or other
method) should resign or otherwise cease to act as such, the Cities covenant
that they promptly will appoint a competent and legally qualified national or
state banking institution which shall be a corporation organized and doing
business under the laws of the United States of America or of any state,
authorized under such laws to exercise trust powers, subject to supervision
or examination by federal or state authority, and whose qualifications
substantially are similar to the previous Paying Agent/Registrar to act as
Paying Agent/Registrar under this 1992A Ordinance. Upon any change in the
Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall
transfer and deliver the Registration Books (or a copy thereof), along with
all other pertinent books and records relating to the Series 1992A Bonds, to
the new Paying Agent/Registrar designated and appointed by the Cities. Upon
any change in the Paying Agent/Registrar, the Cities promptly will cause a
written notice thereof to be sent by the new Paying Agent/Registrar•to each
registered owner of the Series 1992A Bonds, by United States Mail, postage
prepaid, which notice also shall give the address of the new Paying
Agent/Registrar. By accepting the position and performing as such, each
Paying Agent/Registrar shall be deemed to have agreed to the provisions of
this 1992A Ordinance, and a certified copy of this 1992A Ordinance shall be
delivered to each Paying Agent/Registrar.
H. The Series 1992A Bonds herein authorized shall be issued initially as
one fully registered bond (the "Initial Bond") in the principal amount of
$116,280,000 with principal installments to become due and payable as
provided in Section 3.2 hereof, bearing interest as described in Section 3.3
hereof, and numbered T-1, and registered in the name of The First Boston
Corporation. The Initial Bond shall be (i) submitted to the Office of the
Attorney General of the State of Texas. The Paying Agent/Registrar, upon the
conditions of the Paying Agent/Registrar agreement being met, shall cancel
the Initial Bond delivered hereunder and exchange therefore Series 1992A
Bonds of authorized denominations, stated maturities, principal amounts, and
bearing applicable interest rates for transfer and delivery to the registered
owners named and at the addresses identified therefor pursuant to the "Owners
List" to be supplied to the Paying Agent/Registrar pursuant to the Escrow and
Forward Purchase Agreement.
Section 3.5. Prior Redemption.
A. The Series 1992A Bonds shall be redeemable at the
Cities from any available moneys other than moneys on deposit
and Sinking Fund, hereinafter described, on May 1, 2004,
thereafter, at the respective Redemption Prices (expressed as
the principal amount) set forth below, together with accrued
redemption date:
Period during which redeemed Redemption
(both dates inclusive) Price (%)
May 1, 2004 -October 31, 2004 102 %
November 1, 2004 -April 30, 2005 101.5
May 1, 2005 -October 31, 2005 101
November 1, 2005 -April 30, 2006 100.5
May 1, 2006 and thereafter 100
election of the
in the Interest
or on any date
percentages of
interest to the
If the Cities shall elect to optionally redeem less than all of the
outstanding Series 1982A Bonds of a maturity, the selection of Series 1992A
Bonds for optional redemption within a maturity shall be done by the Paying
Agent/Registrar by lot or another random method of selection as determined by
the Paying Agent/Registrar.
B. The Series 1992A Bonds maturing November 1, 1998 shall be
redeemed prior to stated maturity in part by lot or another random method of
selection as determined by the Paying Agent/Registrar on November 1, 1997
from moneys required by Section 6.3C of this 1992A Ordinance to be deposited
to the credit of the Interest and Sinking Fund at the principal amount
thereof and accrued interest to date of redemption, without premium.
C. At least thirty (30) days before the date fixed for any such
redemption, the Board, acting on behalf of the Cities, shall cause a written
notice of such redemption to be given to the registered owner of each Series
1992A Bond or a portion thereof being called for redemption by depositing
such notice in the United States Mail, postage prepaid, addressed to each
such owner at the address appearing on the Registration Books maintained by
the Paying Agent/Registrar. With respect to any registered owner of
$10,000,000 or more of bonds of this series, such notice shall be sent by
Certified Mail with Return Receipt. By the date fixed for any such
redemption, due provision shall be made with the Paying Agent/Registrar for
Minutes of City Council Q-3 Page 357
353
TUESDAY, NOVEMBER 13, 1990
Ordinance No. the payment of the principal amount of the Series 1992A Bonds to be so
10721 cont. redeemed, plus any applicable premium thereon, and accrued interest thereon
to the date fixed for redemption. If such written notice of redemption is
given, and if due provision for payment is made, all as provided above, the
Series 1992A Bonds, or the portions thereof which are to be so redeemed,
thereby automatically shall be redeemed prior to maturity, and they shall not
bear interest after the date fixed for redemption, and shall not be regarded
as being outstanding except for the purpose of receiving the funds so
provided for such payment. The Paying Agent/Registrar shall record in the
Registration Books all such redemptions of principal of the Series 1992A
Bonds or any portion thereof. If a portion of any Series 1992A Bond shall be
redeemed a substitute Series 1992A Bond or Series 1992A Bonds having the same
maturity date, bearing interest at the same rate, in any denomination or
denominations in any integral multiple of $5,000, at the written request of
the registered owner, and in an aggregate principal amount equal to the
unredeemed portion thereof, will be issued to the registered owner upon the
surrender thereof for cancellation, at the expense of the Cities, all as
provided in this 1992A Ordinance.
D. The redemption notice required by Section 3.5C shall include the
complete official name of the Series 1992A Bonds including the series
designation, the CUSIP numbers, interest rates, maturity dates and amount of
principal per maturity date to be redeemed and the applicable redemption
price of prices on a specified redemption date. Such notice shall also
contain the name, address and phone number of a contact person at the Paying
Agent/Registrar to whom inquiries can be addressed.
E. The Paying Agent/Registrar shall cause to be forwarded by United
States Mail to Moody's Investors Service, Inc., Standard & Poor's
Corporation, The Bond Buyer and any registered bond depository holding any of
the Bonds, at their respective last known addresses, a copy of the text of
the notice referred to in Section 3.5D. The copy of the notice sent to each
registered bond depository shall be sent by tested telex, facsimile, express
mail or other express delivery service so that such registered bond
depository will receive the copy of such notices at least two days prior to
the date such notice is received by other registered owners. The failure of
the Paying Agent/Registrar to mail or cause to be mailed or transmit or cause
to be transmitted a copy of any such notice to any or all said firms shall
not invalidate any such redemption.
F. The Paying Agent/Registrar shall send to each registered owner
indicated on its records as having failed to present such redeemed Series
1992A Bonds as of sixty days after the redemption date another copy of such
redemption notice by the same method as the original notice pursuant to
Section 3.5C; provided, however, that failure to send such additional notice
shall not invalidate any such redemption.
G. The Board, acting on behalf of the Cities, shall at least
forty-five (45) days before the date fixed for any such redemption conduct
the selection of the Series 1992A Bonds or portions thereof to be redeemed so
that restrictions can be imposed by the Paying Agent/Registrar with respect
to transfers and exchanges as provided in Section 3.4D. hereof.
Section 3.6. Forms. The form of all Series 1992A Bonds, including the
form of the Paying Agent/Registrar's Certificate, the Form of Assignment, and
the form of the Registration Certificate of the Comptroller of Public
Accounts of the State of Texas to accompany the Series 1992A Bonds on the
initial delivery thereof, and shall be, respectively, substantially as
follows, with such necessary and appropriate variations, omissions and
insertions as permitted or required by this 1992A Ordinance, to -wit:
(FORM OF BOND)
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF DALLAS AND TARRANT
DALLAS -FORT WORTH REGIONAL AIRPORT
.JOINT REVENUE REFUNDING BOND
Series 1992A
Dated: November 1, 1990
MATURITY DATE INTEREST RATE ORIGINAL ISSUE DATE CUSIP
Registered Owner:
Principal Amount:
Minutes of City Council Q-3 Page 358
359
TUESDAY, NOVEMBER 13, 1990
Ordinance No. On the Maturity Date specified above, the Cities of Dallas and Fort Worth
10721 cont. (herein collectively called the "Cities") municipal corporations duly
incorporated under the laws of the State of Texas, for value received, hereby
jointly promise to pay to the Registered Owner shown above, or to the
registered assignee hereof (either being hereinafter called the "registered
owner") solely from the revenues and funds described herein, the principal
amount shown above and to pay interest thereon, from the Original Issue Date
specified above, to the date of its scheduled maturity or the date of its
redemption prior to scheduled maturity, at the rate of interest per annum
specified above, with said interest being payable on May 1, 1992, and
semiannually on each November 1 and May 1 thereafter, except that if the
Paying Agent/Registrar's Authentication Certificate appearing on the face of
this bond is dated later than May 1, 1992, such interest is payable
semiannually on each May 1 and November 1 following such date.
The terms and provisions of this bond are continued on the reverse side
hereof and shall for all purposes have the same effect as though fully set
forth at this place.
* The principal of and interest on this bond are payable in lawful money of
the United States of America, without exchange or collection charges. The
principal of this bond shall be paid to the registered owner hereof upon
presentation and surrender of this bond at maturity or upon the date fixed
for its redemption prior to maturity, at the trust office of NCNB Texas
National Bank, in Dallas, Texas, which is the initial "Paying
Agent/Registrar" for this bond. The payment of interest on this bond shall
be made by the Paying Agent/Registrar to the registered owner hereof as shown
by the Registration Books kept by the Paying Agent/Registrar at the close of
business on the "Record Date," which is the 15th day of the month next
preceding such interest payment date by check drawn by the Paying
Agent/Registrar on, and payable solely from, funds of the Cities required to
be on deposit with the Paying Agent/Registrar for such purpose as hereinafter
provided; and such check shall be sent by the Paying Agent/Registrar by
United States mail, postage prepaid, on each such interest payment date, to
the registered owner hereof at its address as it appears on the Registration
Books kept by the Paying Agent/Registrar, as hereinafter described or, in
lieu of payment by check, by such other method, separately agreed to in
writing by the Paying Agent/Registrar and the holder hereof with the risk and
expense thereof to be borne solely by the holder. In the event of a
non-payment of interest on one or more maturities on a scheduled payment
date, and for 30 days thereafter, a new Record Date for such interest payment
for such maturity or maturities (a "Special Record Date") will be established
by the Paying Agent/Registrar, if and when funds for the payment of such
interest have been received. Notice of the Special Record Date and of the
scheduled payment date of the past due interest (the "Special Payment Date"
which shall be 15 days after the Special Record Date) shall be sent at least
five business days prior to the Special Record Date by United States mail,
first class, postage prepaid, to the address of each holder of a bond of such
maturity or maturities appearing on the books of the Paying Agent/Registrar
at the close of business on the last business day next preceding the date of
mailing of such notice. The Cities covenant with the registered owner of
this bond that no later than each principal payment date and interest payment
date for this bond they will make available to the Paying Agent/Registrar,
solely from the revenues and funds described herein, the amounts required to
provide for the payment, in immediately available funds, of all principal of
and interest on the bonds, when due.
* If the date for the payment of the principal of or interest on this bond
shall be a Saturday, Sunday, a legal holiday or a day on which banking
institutions in the city where the Paying Agent/Registrar is located are
authorized by law or executive order to close, then the date for such payment
shall be the next succeeding day which is not such a Saturday, Sunday, legal
holiday or a day on which banking institutions are authorized to close; and
payment on such date shall have the same force and effect as if made on the
original date payment was due.
* The bonds of this series shall be redeemable at the election of the
Cities from any available moneys, other than moneys on deposit in the
Interest and Sinking Fund, hereinafter described, on May 1, 2004 or on date
thereafter, at the respective Redemption Prices (expressed as percentages of
the principal amount) set forth below, together with accrued interest to the
redemption date:
Period during which redeemed Redemption
(both dates inclusive) Price %
May 1, 2004 - October 31, 2004 102 %
November 1, 2004 - April, 30 2005 101.5
May 1, 2005 - October 31, 2005 101
November 1, 2005 - April, 30 2006 100.5
May 1, 2006 and thereafter 100
Minutes of City Council Q-3 Page 359
3GO;
TUESDAY, NOVEMBER 13, 1990
Ordinance No. * If the Cities shall elect to optionally redeem less than all of the
10721 cont. outstanding Series 1992A Bonds of a maturity, the selection of Series 1992A
Bonds for optional redemption within a maturity shall be done by the Paying
Agent/Registrar by lot or another random method of selection as determined by
the Paying Agent/Registrar.
* The bonds maturing November 1, 1998 shall be redeemed prior to stated
maturity in part by lot on November 1, 1997, from moneys required to be
deposited to the credit of the Interest and Sinking Fund at the principal
amount thereof and accrued interest to date of redemption, without premium.
* At least thirty (30) days before the date fixed for any such redemption,
the Dallas -Fort Worth International Airport Board (the "Board"), acting on
behalf of the Cities, shall cause a written notice of such redemption to be
given to the registered owner of each Bond or a portion thereof being called
for redemption by depositing such notice in the United States mail, postage
prepaid, addressed to each such registered owner at the address appearing on
the Registration Books maintained by the Paying Agent/Registrar.. With
respect to any registered owner of $10,000,000 or more of bonds of this
series, such notice shall be sent by Certified Mail, with a Return Receipt.
By the date fixed for any such redemption, due provision shall be made with
the Paying Agent/Registrar for the payment of the principal amount of the
bonds to be so redeemed, the premium, if any, and accrued interest thereon to
the date fixed for redemption. If such written notice of redemption is
given, 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 they shall not be regarded as being outstanding except for
the purpose of receiving the funds so provided for such payment. The Paying
Agent/Registrar shall record in the Registration Books all such redemptions
of principal of this bond or any portion hereof. If a portion of any bond
shall be redeemed a substitute bond or bonds having the same maturity date,
bearing interest at the same rate, in any denomination or denominations in
any integral multiple of $5,000, at the written request of the registered
owner, and in aggregate principal amount equal to the unredeemed portion
thereof, will be issued to the registered owner upon the surrender thereof
for cancellation, at the expense of the Cities.
* The bonds of this series are issued under and pursuant to the laws of the
State of Texas and an ordinance passed concurrently on November 11 and
November 12, 1968, respectively, by the City Councils of the Cities of Dallas
and Fort Worth entitled "1968 Regional Airport Concurrent Bond Ordinance"
(the "1968 Ordinance") and, together with any other "Bonds" (as defined in
the 1968 Ordinance) heretofore or hereafter issued in accordance with the
1968 Ordinance are equally and ratably secured by the revenues herein
described.
* This bond is one of a duly authorized series of bonds of like tenor and
effect, except as to number, principal amount, interest rate, maturity and
right of prior redemption, aggregating not to exceed $116,280,000, issued by
the Cities for the purpose of refunding certain of the Bonds previously
issued and outstanding pursuant to the Eighteenth Supplemental Regional
Airport Concurrent Bond Ordinance (the "Eighteenth Supplemental Ordinance")
adopted by the City Councils of said Cities supplemental to the 1968
Ordinance. For the purpose of providing for and securing the payment of the
Bonds including this series of bonds, the Cities have jointly pledged their
respective interests in the "Pledged Revenues" to be derived from the
ownership and operation of the Dallas -Fort Worth International Airport. Such
Pledged Revenues will be on deposit from time to time in various funds
created by the 1968 Ordinance and Ordinances supplemental thereto. Pledged
Revenues are defined in the 1968 Ordinance to be the "Gross Revenues" of said
Airport less the amount required to pay the Senior Lien Bonds which matured
and were paid on October 1, 1990. Reference is made to the 1968 Ordinance, as
supplemented, and the ordinance authorizing this series of bonds for the
definition of Gross Revenues and for a description of the revenues and funds
charged with and pledged to the payment of the interest on and principal of
the Bonds and the series of bonds of which this bond is one, the nature and
extent of the security thereof, a statement of the rights, duties and
obligations of each of the Cities, respectively, the rights and remedies of
bondholders in the event of default thereunder, and the rights and priorities
of the holders of said bonds, to all the provisions of which the holder
hereof by the acceptance of this bond assents and agrees.
* As provided in the 1968 Ordinance, the obligations of the Cities to pay
money hereon out of Pledged Revenues are joint, and not several, and except
as otherwise provided therein no claim, demand, suit or judgment shall ever
be asserted, entered or collected against or from one City without the other
and no individual liability shall ever exceed in the case of Dallas 7/11ths
of the total amount thereof, and in the case of Fort Worth 4/11ths of the
total amount thereof, and, except as otherwise provided in the 1968
Minutes of City Council Q-3 Page 360
TUESDAY, NOVEMBER 13, 1990
Ordinance, such sums shall be payable and collectable solely from,the funds
Ordinance No.
10721 cont. in which Pledged Revenues shall from time to time be on deposit.
* The 1968 Ordinance, as supplemented, provides that, to the extent therein
stated, the Board, acting on behalf of the Cities, shall fix and shall from
time to time revise the rate of compensation for use of and for services
rendered by or at the Dallas -Fort Worth International Airport which will be
fully sufficient to produce Pledged Revenues adequate to pay the operation
and maintenance expenses thereof plus 1.25 times the amounts required to be
deposited to the credit of the Interest and Sinking Fund (established by the
1968 Ordinance) for the payment of the principal of and interest on the
parity Bonds from time to time outstanding thereunder as the same shall
become due and payable and to timely purchase or redeem such Bonds prior to
maturity as required therein. It is further provided in said Ordinance that
to the extent Pledged Revenues are not adequate for said purposes and for the
additional purpose of properly and adequately maintaining and operating said
Airport, the Cities pledge and obligate themselves to levy and collect the ad
valorem tax defined therein as the "Maintenance Tax," and to devote the
proceeds thereof to the purpose of operating and maintaining said Airport in
lieu of using revenues for said purpose, subject at all times to the limits
of said tax provided by law and in said Ordinance. As further provided in
said Ordinance, the obligations of the Cities to levy and collect such tax
are several, and not joint, and no action, claim, suit or demand shall be
made against one City for the default of the other, each City's respective
obligation being limited to the collection of its proportionate amount
required from said tax for such purposes, all as specified in said Ordinance.
* The registered owner hereof shall never have the right to demand payment
of this obligation out of any funds raised or to be raised by taxation.
* All bonds of this series are issuable solely as fully registered bonds,
without interest coupons, in the denomination of any integral multiple of
$5,000. As provided in the Eighteenth Supplemental Ordinance, this bond, or
any unredeemed portion hereof, may, at the request of the registered owner or
the assignee or assignees hereof, be assigned, transferred and exchanged for
a like aggregate principal amount of fully registered bonds, without interest
coupons, payable to the appropriate registered owner, assignee or assignees,
as the case may be, having the same maturity date, and bearing interest at
the same rate, in any denomination or denominations in any integral multiple
of $5,000 as requested in writing by the appropriate registered owner,
assignee or assignees, as the case may be, upon surrender of this bond to the
Paying Agent/Registrar for cancellation, all in accordance with the form and
procedures set forth in the Ordinance. Among other requirements for such
assignment and transfer, this bond must be presented and surrendered to the
Paying Agent/Registrar, together with proper instruments of assignment, in
form and with guarantee of signatures satisfactory to the Paying
Agent/Registrar, evidencing assignment of this bond or any portion or
portions hereof in any integral multiple of $5,000 to the assignee or
assignees in whose name or names this bond or any such portion or portions
hereof is or are to be transferred and registered. The form of assignment
printed or endorsed on this bond may be executed by the registered owner to
evidence the assignment hereof, but such method is not exclusive, and other
instruments of assignment satisfactory to the Paying Agent/Registrar may be
used to evidence the assignment of this bond or any portion or portions
hereof from time to time by the registered owner. In the case of an
assignment, transfer or exchange of a bond or bonds or any portion or
portions thereof, the fees and charges of the Paying Agent/Registrar will be
paid by the Cities, but any taxes or governmental charges required to be paid
with respect thereto shall be paid by the one requesting such assignment,
transfer or exchange as a condition precedent to the exercise of such
privilege. In any circumstance, neither the Cities nor the Paying
Agent/Registrar shall be required to transfer or exchange any bonds selected
for redemption when such redemption is scheduled to occur within 45 calendar
days; provided, however, such limitation shall not apply to an exchange by
the holder of an unredeemed balance of a bond called for redemption in part.
* In the event any Paying Agent/Registrar for the bonds is changed by the
Cities, resigns or otherwise ceases to act as such, the Cities have
covenanted in the Eighteenth Supplemental Ordinance that they promptly will
appoint a competent and legally qualified substitute therefor, whose
qualifications substantially are similar to the previous Paying
Agent/Registrar it is replacing, and promptly will cause written notice
thereof to be mailed to the registered owners of the bonds.
* By becoming the registered owner of this bond, the registered owner
thereby acknowledges all of the terms and provisions of the 1968 Ordinance,
as supplemented, agrees to be bound by such terms and provisions,
acknowledges that said Ordinance is duly recorded and available for
inspection in the official minutes and records of the Cities, and agrees that
the terms and provisions of this bond and said Ordinance constitute a
contract between each registered owner hereof and the Cities.
Minutes of City Council Q-3 Page 361
362
TUESDAY, NOVEMBER 13, 1990
Ordinance No. It is hereby certified
10721 the Constitution and laws of
be performed precedent to
which it is one have been
required.
and recited that all acts and things required by
the State of Texas to be done, to exist and to
and in the issuance of this bond and the series of
done, do exist and have been performed as so
IN WITNESS WHEREOF, the City Council of the City of Dallas, Texas, has
caused the facsimile seal of that City to be placed hereon and this bond to
be signed by the facsimile signature of its Mayor and countersigned by the
facsimile signatures of its Director of Finance and City Secretary; and the
City Counsel of the City of Fort Worth, Texas, has caused the facsimile seal
of that City to be placed hereon and this bond to be signed by the facsimile
signature of its Mayor, countersigned by the facsimile signature of its City
Secretary, and approved as to form and legality by its City Attorney.
COUNTERSIGNED:
Director of Finance,
City of Dallas, Texas
City Secretary,
City of Dallas, Texas
COUNTERSIGNED:
City Secretary,
City of Fort Worth, Texas
APPROVED AS TO FORM AND LEGALITY:
City Attorney,
City of Fort Worth, Texas
Mayor, City of Dallas, Texas
Mayor, City of Fort Worth, Texas
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this bond has been issued under the
provisions of said Ordinance described on the face of this bond; and that
this bond has been issued in exchange for or replacement of a bond, bonds, or
a portion of a bond or bonds of an issue which originally was approved by the
Attorney General of the State of Texas and registered by the Comptroller of
Public Accounts of the State of Texas.
Dated
Paying Agent/Registrar
By
Authorized Signature
FORM OF ASSIGNMENT:
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
Please insert Social Security or Taxpayer Identification Number of Transferee
Minutes of City Council Q-3 Page 362
363.
. TUESDAY, NOVEMBER 13, 1990
Ordinance No. (Please print or type name and address, including zip code of Transferee)
10721 cont. 11
the within Bond and all rights thereunder, and hereby irrevocably constitutes
and appoints attorney to
register the transfer of the within Bond on the books kept for registration
there of with full power of substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed
by a member firm of the New York Stock
Owner
Exchange or a commercial bank or trust
Bond
company.
NOTICE: The signature above must
with the name of the Registered
it appears upon the front of this
in every particular, without
alteration or enlargement or any
change whatsoever.
** (FORM OF COMPTROLLER'S CERTIFICATE ATTACHED TO
THE BONDS UPON INITIAL DELIVERY THEREOF)
OFFICE OF COMPTROLLER
STATE OF TEXAS
REGISTER NO.
I hereby certify that there is on file and of record in my office a
certificate of the Attorney General of the State of Texas to the effect that
this Bond has been examined by him as required by law, and that he finds that
it has been issued in conformity with the Constitution and laws of the State
of Texas, and that it is a valid and binding special obligation of the Cities
of Dallas and Fort Worth, Texas, payable in the manner provided by and in the
ordinance authorizing same, and said Bond has this day been registered by me.
WITNESS MY HAND and seal of office at Austin, Texas
(Seal)
Comptroller of Public Accounts of the
State of Texas
FORM OF INITIAL BOND
The Initial Bond shall be in the form set forth above, except that there
will be no Paying Agent/Registrar Certificate and the form of the single
fully registered Initial Bond shall be modified as follows:
(i)Immediately after the name of the Bond the headings "INTEREST RATE
" and "MATURITY DATE " shall be both completed with the words "as
shown below" and the headings "Original Issue Date", "Cusip" and "Principal
Amount" shall not appear thereon.
(ii)Paragraph one shall read as follows:
On the Maturity Dates specified below, the Cities of Dallas and Fort
Worth (herein collectively called the "Cities") municipal corporations duly
incorporated under the laws of the State of Texas, for value received, hereby
jointly promises to pay to the Registered Owner shown above, or to the
registered assignee hereof (either being hereinafter called the "registered
owner") solely from the revenues and the funds described herein, the
principal amount as shown below and to pay interest thereon at the interest
rates shown below, from February 5, 1992, to the dates of scheduled maturity
or the date of its redemption prior to scheduled maturity, with said interest
being payable on May 1, 1992, and semiannually on each November 1 and May 1
thereafter.
MATURITY PRINCIPAL INTEREST
DATE AMOUNT RATE
(Information to be inserted from schedules
in Sections 3.2 and 3.3).
Minutes of City Council Q-3 Page 363
364
Ordinance No.
10721 cont.
TUESDAY, NOVEMBER 13, 1990
* to be on reverse of bond
** not to be on bond
ARTICLE IV
EXECUTION, APPROVAL, REGISTRATION, SALE
AND DELIVERY OF Series 1992A BONDS
Section 4.1. Method of Execution. Each of the Series 1992A Bonds shall
be signed and executed on behalf of the City of Dallas by the manual or
facsimile signature of its Mayor and countersigned by the manual or facsimile
signatures of its Director of Finance and City Secretary, and the corporate
seal of that City shall be impressed or printed or lithographed on each bond.
Each of the Series 1992A Bonds shall be signed and executed on behalf of the
City of Fort Worth by the manual or facsimile signature of its Mayor and
countersigned by the manual or facsimile signature of its City Secretary; the
same shall be approved as to form and legality by the manual or facsimile
signature of the City Attorney of the City, and its corporate seal shall be
impressed or printed or lithographed upon each bond. All manual or facsimile
signatures placed upon the Series 1992A Bonds shall have the same effect as
if manually placed thereon, all as provided in Article 717j-1, V.A.T.C.S., as
amended.
Section 4.2. Approval and Registration. The Board is hereby authorized
to have control and custody of the Series 1992A Bonds and all necessary
records and proceedings pertaining thereto pending their delivery, and the
Chairman and officers and employees of the Board and of the Cities are hereby
authorized and instructed to make such certifications and to execute such
instruments as may be necessary to accomplish the delivery of said bonds to
the Attorney General of the State of Texas and to assure the investigation,
examination and approval thereof by the Attorney General of the State of
Texas and their registration by the Comptroller of Public Accounts. Upon
registration of the Series 1992A Bonds, the Comptroller of Public Accounts
(or a deputy designated in writing to act for him) shall manually sign the
Comptroller's Registration Certificate accompanying the Series 1992A Bonds,
and the seal of the Comptroller shall be impressed, or placed in facsimile,
on each such certificate. The Chairman of the Board and the Executive
Director of the Airport shall be further authorized to make provisions for
holding the initial Series 1992A Bonds with the Paying Agent/Registrar
pending their delivery and to make such agreements and arrangements with the
purchasers of said bonds and with the Paying Agent/Registrar as may be
necessary to assure that the same will be delivered to such purchasers in
accordance with the terms of sale and the Escrow and Forward Purchase
Agreement referred to in Section 4.3 hereof.
Section 4.3. The Sale of the Bonds. The Series 1992A Bonds are hereby
sold pursuant to a forward purchase arrangement in accordance with law and
the terms and conditions of an Escrow and Forward Purchase Agreement, the
execution and delivery of which is being separately authorized by an
ordinance adopted concurrently herewith, at the price specified therein plus
accrued interest, if any. The initial Series 1992A Bonds shall be registered
in the name of The First Boston Corporation. The Board is hereby authorized
to take such action as may be necessary to qualify the Series 1992A Bonds for
exemption from the blue sky laws of the State of New York.
ARTICLE V
DISPOSITION OF BOND PROCEEDS
Section 5.1. Disposition of Bond Proceeds. The proceeds from the sale
of the Series 1992A Bonds, together with available funds herein provided,
shall be applied on February 5, 1992 as follows:
To NCNB Texas National Bank, as paying agent for the Refunded Bonds and
as Escrow Agent under the Dallas -Fort Worth International Airport Series
1992A Special Escrow Fund created and established with said bank in
accordance with the terms of the Dallas -Fort Worth International Airport
Series 1992A Escrow Agreement dated as of November 1, 1990 (i) an amount from
the Interest and Sinking Fund representing amounts on deposit therein equal
to the interest accruing from November 1, 1991 to May 1, 1992 on the amount
of the Refunded Bonds determined to be refundable from the proceeds received;
(ii) the proceeds received as a result of the initial delivery of the Series
1992A Bonds, other than liquidated damages and the cost of the municipal bond
insurance policy to be issued by Financial Guaranty Insurance Company, which
amounts will be sufficient to provide for the payment of all or a portion of
principal of, and premium, due on the Refunded Bonds on May 1, 1992; and
(iii) from the Operating Revenue and Expense Fund an amount representing the
Paying Agent charges on the Refunded Bonds determined to be refundable. The
cost of the municipal bond insurance policy received as proceeds from the
Minutes of City Council Q-3 Page 364
365
TUESDAY, NOVEMBER 13, 1990
Ordinance No. initial delivery of the Series 1992A Bonds shall be received by NCNB Texas
10721 cont. National Bank as paying agent and immediately by wire transferred to
Financial Guaranty Insurance Company upon prior receipt of such policy
delivered in escrow to the Paying Agent/Registrar. In the event sufficient
proceeds are not received to meet the required deposit of (ii) above and the
full price of the policy of bond insurance as a result of failures to
purchase Series 1992A Bonds on February 5, 1992, the amount of liquidated
damages received shall be used to the extent necessary to fund such insurance
premium and any refund under the Commitment for Insurance shall be deposited
to the separate account for liquidated damages hereinafter established.
Liquidated damages shall be deposited to a separate account within the
Interest and Sinking Fund hereby created and designated the "1992A Liquidated
Damages Account" which shall be applied as the direction of the Executive
Director solely to the retirement of the principal of Bonds.
ARTICLE VI
ADOPTION OF PROVISIONS OF CERTAIN ORDINANCES, PLEDGE,
INTEREST AND SINKING FUND
Section 6.1. Adoption. The Series 1992A Bonds authorized hereby are
parity "Refunding Bonds" as the term is defined herein and as permitted to be
issued in the 1968 Ordinance, and in addition to the definitions set forth in
Article II of the 1968 Ordinance here tofore adopted, for purposes of this
1992A Ordinance, Section 2.2 of Article II and Articles V through XI, both
inclusive, of the 1968 Ordinance, Sections 7.2 and 7.3 of the 1970 Ordinance,
Sections 7.2 and 7.4 of the 1976 Ordinance and Sections 6.4 and 7.2 of the
1977 Ordinance are hereby adopted by reference and shall be applicable to the
Series 1992A Bonds for all purposes, except to the extent hereinafter
specifically modified or supplemented.
Section 6.2. Pledge. The principal of and the interest on the Series
1992A Bonds and the Outstanding Bonds are and shall be secured by and payable
from a first lien on and pledge of the Pledged Revenues and the funds in
which they shall from time to time be on deposit. Such revenues are hereby
irrevocably pledged to the payment of the Outstanding Bonds, the Series 1992A
Bonds and any other Bonds hereafter issued in accordance with the terms of
the 1968 Ordinance.
Section 6.3. Interest and Sinking Fund. In addition to all other
amounts required by the 1972 Ordinance, the 1976 Ordinance, the 1977
Ordinance, the 1978 Ordinance, the 1982A Ordinance, the 1984 Ordinance, the
1984A Ordinance, the 1985 Ordinance, the 1992 Ordinance and the 1994
Ordinance, so long as any of the Series 1992A Bonds remain outstanding and
unpaid the Board shall transfer on or before the 1st day of each month, from
the Operating Revenue and Expense Fund (except for the amount of the accrued
interest, if any, received from the purchasers of the Series 1992A Bonds) to
the Interest and Sinking Fund, after taking into account unexpended
investment earnings on deposit in the Interest and Sinking Fund:
A. beginning on March 1, 1992, in equal monthly installments an amount
necessary to provide 1/2 of the amount of interest to become due on the
Series 1992A Bonds on May 1, 1992, and thereafter in equal monthly
installments an amount necessary to provide 1/6th of the amount of interest
to become due on the Series 1992A Bonds on November 1, 1992 and on each
succeeding interest payment date thereafter;
B. beginning on October 1, 1992 for the Series 1992A Bonds maturing
November 1, 1993 to November 1, 2012, both inclusive, an amount necessary to
provide in twelve equal installments the amount of principal of the Series
1992A Bonds maturing on November 1 following each of the twelve month periods
ending September 30, 1993, through September 30, 2012, except for the period
beginning on October 1, 1996 through September 1, 1998 which is provided for
in Section 6.3C hereof; and
C. beginning on October 1, 1996 and on the first day of each month
thereafter through September 1, 1998 for each twelve-month period ending
September 30, one -twelfth of the amounts indicated, as follows:
1997 $625,000
1998 675,000
The sinking fund payments required by this sub -paragraph C may be used to
purchase Series 1992A Bonds as permitted in Section 7.4 of the 1968
Ordinance, and to the extent not so used, shall be used to redeem prior to
stated maturity by lot or to pay at final maturity, on November 1 in each of
the years 1997 through 1998, both inclusive, the Series 1992A Bonds maturing
on November 1, 1998, at the principal amount thereof and accrued interest to
date of redemption or maturity without premium.
Section 6.4. Transfers to Paying Agent/Registrar. The Director of
Finance shall make transfers of funds on deposit in the Interest and Sinking
Minutes of City Council Q-3 Page 365
TUESDAY, NOVEMBER 13, 1990
Fund for payment of the principal of and interest on the Series 1992A Bonds
Ordinance No. to the Paying Agent/Registrar on the applicable due dates and redemption
10721 cont. dates in immediately available funds.
ARTICLE VII
MISCELLANEOUS COVENANTS AND PROVISIONS
Section 7.1. Use of Bond Proceeds.
A. The Cities covenant to and with the purchasers of the Series 1992A
Bonds that they will make no use of the proceeds of such Bonds at any time
throughout the term of such Bonds which, if such use had been reasonably
expected on the date of delivery of such Bonds to and payment for such Bonds
by the purchasers, would have caused such Bonds to be arbitrage bonds within
the meaning of Section 148 of the Internal Revenue Code of 1986, as amended
(the "Code"), or any regulations or rulings pertaining thereto; and by this
covenant the Cities are obligated to comply with the requirements of the
aforesaid Section 148 and all applicable and pertinent Department of the
Treasury regulations relating to arbitrage bonds. The Cities further
covenant that the proceeds of such Bonds will not otherwise be used directly
or indirectly so as to cause all or any part of such Bonds to be or become
arbitrage bonds within the meaning of the aforesaid Section 148, or any
regulations or rulings pertaining thereto. The Cities further covenant to
comply with the requirements of Sections 148(d) and 148(f) of the Code
including restrictions on reserve fund investments and limitations on
investments in nonpurpose obligations and the requirement of such Section
that certain earnings on nonpurpose obligations be paid to the United States.
B. The Cities covenant to and with the purchasers of the Series 1992A
Bonds that they will make no use of the proceeds of such Bonds at any time
throughout the term of such Bonds which would cause the interest to be paid
on the Series 1992A Bonds to not be exempt from all present federal income
taxes under existing statutes, regulations, published rulings and court
decisions except possibly as provided by Section 147(a) of the Code, with
respect to any Series 1992A Bond for any period during which such Bond is
held by a person who is a substantial user of the facilities financed or
refinanced with the proceeds of the Series 1992A Bonds, or by a "related
person" as defined in the applicable provisions of the Code.
C. The Cities covenant to and with the purchasers of the Series 1992A
Bonds that the facilities financed or to be financed with the proceeds of the
Refunded Bonds have or will have a remaining average reasonably expected
economic life of at least 84 percent of the average maturity of the Series
1992A Bonds determined under Section 147(b) of the Code.
Section 7.2. Covenant Not to Impair. The Cities covenant that the
Dallas -Fort Worth Regional Airport Use Agreement, entered into between the
Board and various airlines, as amended by the Second Amendment, dated as of
October 1, 1981, the Passenger Service Special Facilities Agreement, dated as
of April 1, 1972, and the Capital Improvement Trust Account Agreement dated
as of April 1, 1972, as amended as of October 1, 1981, will not be amended,
altered or rescinded in any manner so as to impair the rights or security of
the holders of the Series 1992A Bonds.
Section 7.3. Observance of Covenants. The Board, the officers,
employees and agents are hereby directed to observe, comply with and carry
out the terms and provisions of this 1992A Ordinance.
Section 7.4. Damaged, Mutilated, Lost, Stolen or Destroyed Bonds.
A. In the event any outstanding Series 1992A Bond is damaged, mutilated,
lost, stolen or destroyed, the Paying Agent/Registrar shall cause to be
printed, executed and delivered, a new bond of the same principal amount,
maturity and interest rate, as the damaged, mutilated, lost, stolen or
destroyed Series 1992A Bond, in replacement for such Series 1992A Bond in the
manner hereinafter provided.
B. Application for replacement of damaged, mutilated, lost, stolen or
destroyed Series 1992A Bonds shall be made to the Paying Agent/Registrar. In
every case of loss, theft or destruction of a Series 1992A Bond, the
applicant for a replacement bond shall furnish to the Cities and to the
Paying Agent/Registrar such security or indemnity as may be required by them
to save each of them harmless from any loss or damage with respect thereto.
Also, in every case of loss, theft or destruction of a Series 1992A Bond, the
applicant shall furnish to the Cities and to the Paying Agent/Registrar
evidence to their satisfaction of the loss, theft or destruction of such
Series 1992A Bond, as the case may be. In every case of damage or mutilation
of a Series 1992A Bond, the applicant shall surrender to the Paying
Agent/Registrar for cancellation the Series 1992A Bond so damaged or
mutilated.
Minutes of City Council Q-3 Page 366
367
TUESDAY, NOVEMBER 13, 1990
Ordinance No. C. Notwithstanding the foregoing provisions of this Section, in the
1.0721 cont. event any such Series 1992A Bond shall have matured, and no default has
occurred which is then continuing in the payment of the principal of,
redemption premium, if any, or interest on the Series 1992A Bond, the Cities
may authorize the payment of the same (without surrender thereof except in
the case of a damaged or mutilated Series 1992A Bond) instead of issuing a
replacement Series 1992A Bond, provided security or indemnity is furnished as
above provided in this Section.
D. Prior to the issuance of any replacement bond, the Paying
Agent/Registrar shall charge the owner of such Series 1992A Bond with all
legal, printing and other expenses in connection therewith. Every
replacement bond issued pursuant to the provisions of this Section by virtue
of the fact that any Series 1992A Bond is lost, stolen or destroyed shall
constitute a contractual obligation of the Cities whether or not the lost,
stolen or destroyed Series 1992A Bond shall be found at any time, or be
enforceable by anyone, and shall be entitled to all the benefits of this
1992A Ordinance equally and proportionately with any and all other Series
1992A Bonds duly issued under this 1992A Ordinance.
E. In accordance with Section 6 of Art. 717k-6, V.A.T.C.S., as amended,
this Section of this 1992A Ordinance shall constitute authority for the
issuance of any such replacement bond without necessity of further action by
the governing body of the Cities or any other body or person, and the duty of
the replacement of such bonds is hereby authorized and imposed upon the
Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and
deliver such bonds in the form and manner and with the effect, as provided in
Section 3.4D of this 1992A Ordinance for Series 1992A Bonds issued in
exchange for other Series 1992A Bonds.
Section 7.5. Bond Insurance. The Series 1992A Bonds have been offered
with a commitment for bond insurance provided by Financial Guaranty Insurance
Company, a New York stock insurance company ("Financial Guaranty"), with the
bond insurance to be evidenced by the then current legal form of the
Municipal Bond New Issue Insurance Policy (the "Policy"). The Cities have
sold the Series 1992A Bonds based on such Commitment but are not required to
obtain bond insurance from another source if Financial Guaranty does not
honor or is unable to honor its Commitment on the delivery date. In the
event the Policy is not issued at the time of delivery, this section shall be
of no force and effect. In accordance with the terms and conditions
applicable to the Commitment and the Policy provided by Financial Guaranty,
and subject to the preceding sentence, the Cities covenant and agree that:
A. Optional Redemption of Bonds. Notwithstanding the provisions of
Section 4(e) hereof, prior to the circulation of any notice of redemption of
the Series 1992A Bonds (other than mandatory sinking fund redemption and
excepting any notice that refers to Bonds that are the subject of an advance
refunding), sufficient funds to pay the redemption price of the Series 1992A
Bonds to be redeemed shall have been deposited with the Paying
Agent/Registrar to accomplish such redemption. In addition, Financial
Guaranty shall be provided with notice of the redemption of any of the Series
1992A Bonds (other than mandatory sinking fund redemption).
B. Event of Default. Upon the occurrence of an Event of Default which
would require Financial Guaranty to make payments under the Policy, Financial
Guaranty and its designated agent shall be provided with access to the
Registration Books relating to the Series 1992A Bonds. In addition,
Financial Guaranty shall be deemed the sole Holder of the Series 1992A Bonds
with respect to any action taken pursuant to Section 10.2 of the 1968
Ordinance. In determining whether a payment default relating to the Series
1992A Bonds has occurred pursuant to Section 10.1 of the 1968 Ordinance, no
effect shall be given to payments made under the Policy. Furthermore, notice
of any payment default with respect to the Bonds shall be given immediately
by the Board to Financial Guaranty.
C. Amendments and Modifications to Ordinance. Notwithstanding the
provisions of Section 11.1 of the 1968 Ordinance, any amendment or
modification to the 1992A Ordinance shall be subject to the prior written
consent of Financial Guaranty which shall not be unreasonably withheld. For
the purposes of Section 11.1 of the 1986 Ordinance Financial Guaranty shall
be treated as the Holder of the Series 1992A Bonds with respect to consent to
any amendments thereunder. In addition, Financial Guaranty shall be provided
by the Board with all proceedings relating to any amendment or modification
to the 1992A Ordinance.
D. Notices. Unless otherwise directed, all notices to Financial
Guaranty hereunder shall be addressed:
Financial Guaranty Insurance Company
175 Water Street
New York, New York 10038
Minutes of City Council Q-3 Page 367
366
TUESDAY, NOVEMBER 13, 1990
Ordinance No.
10721 cont. 11 Attention: General Counsel
E. Paying Agent/Registrar. Notwithstanding Section 3.4 hereof, no
resignation or removal of the Paying Agent/Registrar shall become effective
until a successor has been appointed and has accepted the duties of the
Paying Agent/Registrar. Financial Guaranty shall be furnished with written
notice of the resignation or removal of the Paying Agent/Registrar and the
appointment of any successor thereto.
F. Information and Data. The following information and data shall be
• provided to Financial Guaranty by the Board periodically as noted:
1. Annually, when available, the Airport Budget as approved by the
Cities and the annual audited financial statements.
2. An official statement or offering document, if any, prepared in
connection with the issuance of any Bonds.
3. Notice of any draw upon the Debt Service Reserve Fund.
4. Simultaneously with the delivery of the annual audited financial
statements such other statistical data concerning passenger statistics,
landed weights and aircraft operations as are compiled and made generally
available by the Airport.
ARTICLE VIII
AMENDMENTS TO ORDINANCE
Section 8.01. Amendments. This 1992A Ordinance may be amended by
concurrent ordinances adopted by the City Councils, in the same manner as
provided in the 1968 Ordinance for the amendment of the 1968 Ordinance.
ARTICLE IX
SEVERABILITY, REPEAL AND COUNTERPARTS
Section 9.1. Ordinance Irrepealable. After any of the Series 1992A
Bonds shall be issued, this 1992A Ordinance shall constitute a contract
between the Cities and the owner or owners of the Series 1992A Bonds from
time to time outstanding, and this 1992A Ordinance shall be and remain
irrepealable until the Series 1992A Bonds and the interest thereon shall be
fully paid, cancelled, refunded or discharged or provision for the payment
thereof shall be made.
Section 9.2. Severability. If any Section, paragraph, clause or
provision of this 1992A Ordinance shall for any reason be held to be invalid
or unenforceable, the invalidity or unenforceability of such Section,
paragraph, clause or provision shall not affect any of the remaining
provisions of this 1992A Ordinance. If any Section, paragraph, clause or
provision of the Contract and Agreement shall for any reason be held to be
invalid or unenforceable, the invalidity or unenforceability of such Section,
paragraph, clause or provision shall not affect any of the remaining
provisions of the Contract and Agreement, or of any other provisions of this
1992A Ordinance not dependent directly for effectiveness upon the provision
of the Contract and Agreement thus declared to be invalid and unenforceable.
Section 9.3. Repealer. All orders, resolutions and ordinances, or parts
thereof, inconsistent herewith are hereby repealed to the extent of any such
inconsistency.
Section 9.4. Counterparts. This 1992A Ordinance may be executed in
counterparts, and when duly passed by both Cities, and separate counterparts
are duly executed by each City, the Ordinance shall be in full force and
effect.
APPROVED AND ADOPTED BY THE DALLAS CITY COUNCIL THIS NOVEMBER 14, 1990.
APPROVED AS TO FORM:
Analeslie Muncy, City Attorney,
City of Dallas, Texas
PASSED NOVEMBER 13, 1990
Mayor, City of Fort Worth, Texas
Minutes of City Council Q-3 Page 368
339
TUESDAY, NOVEMBER 13, 1990
Ordinance No. I (SEAL)
10721 cont. , ATTEST:
City Secretary,
City of Fort Worth, Texas
APPROVED AS TO FORM AND LEGALITY:
City Attorney,
City of Fort Worth, Texas
THE STATE OF TEXAS
COUNTY OF DALLAS
CITY OF DALLAS
I, Robert S. Sloan, City Secretary of the City of Dallas, Texas, do
hereby certify:
1. That the above and foregoing is a true and correct copy of an
excerpt from the minutes of the City Council of the City of Dallas, had in
regular meeting, November 14, 1990, authorizing the issuance of Dallas -Fort
Worth Regional Airport Joint Revenue Refunding Bonds, Series 1992A in the
aggregate principal amount not to exceed $116,280,000 which ordinance is duly
of record in the minutes of said City Council.
2. That said meeting was open to the public, and public notice of the
time, place and purpose of said meeting was given, all as required by
Vernon's Ann. Texas Civ. St. Article 6252-17, as amended.
WITNESS MY HAND and seal of the City of Dallas, Texas, this 14th day of
November, 1990.
City Secretary, City of Dallas, Texas
(SEAL)
THE STATE OF TEXAS
COUNTY OF TARRANT
CITY OF FORT WORTH
I, Ruth Howard, City Secretary of the City of Fort Worth, Texas, do
hereby certify:
1. That the above and foregoing is a true and correct copy of an
Ordinance, duly presented and passed by the City Council of the City of Fort
Worth, Texas, at a regular meeting held on November 13, 1990, as same appears
of record in the Office of the City Secretary.
2. That said meeting was open to the public, and public notice of the
time, place and purpose of said meeting was given, all as required by
Vernon's Ann. Texas Civ. St. Article 6252-17, as amended.
WITNESS MY HAND and the Official Seal of the City of Fort Worth, Texas,
this 13th day of November, 1990.
City Secretary, City of Fort Worth, Texas
(SEAL)
Introduced an Council Member Chappell introduced an ordinance and made a motion that it be
Ordinance adopted. The motion was seconded by Council Member Garrison. 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, Meadows, Webber, and Chappell
NOES: None
Minutes of City Council Q-3 Page 369
370
:.TUESDAY, NOVEMBER 13, 1990
Ordinance No.II ABSENT: None
1.0722 coni:.
The ordinance, as adopted, is as follows:
CITY OF FORT WORTH ORDINANCE
NO. 10722
AN ORDINANCE
ADOPTED CONCURRENTLY BY THE CITY COUNCILS OF THE CITIES OF DALLAS
AND FORT WORTH AUTHORIZING THE EXECUTION OF A CERTAIN ESCROW
AGREEMENT, AGREEMENT TO ENTER INTO ESCROW AND FORWARD PURCHASE
AGREEMENT AND ESCROW AND FORWARD PURCHASE AGREEMENT
WHEREAS, concurrently herewith the City Councils, respectively, of the
Cities of Dallas and Fort Worth (the "Cities") have adopted the Eighteenth
Supplemental Regional Airport Concurrent Bond Ordinance authorizing the
issuance of the Dallas -Fort Worth Regional Airport Joint Revenue Refunding
Bonds, Series 1992A (the "Bonds"); and
WHEREAS, the Joint Revenue Bonds to be refunded are to be paid and
retired, pursuant to the terms of the Dallas -Fort Worth International Airport
Series 1992A Escrow Agreement with respect to the Series 1982A Joint Revenue
Bonds to be refunded (the "Escrow Agreement") between the Cities of Dallas
and Fort Worth and NCNB Texas National Bank; and
WHEREAS; the Bonds are to be sold to the Underwriters pursuant to the
terms and conditions of the Agreement to Enter Into Escrow and Forward
Purchase Agreement (the "Agreement to Enter Into Escrow and Forward Purchase
Agreement"); and
WHEREAS, the Bonds are to be delivered to the holders of the Escrow
Receipts pursuant to a forward purchase arrangement in accordance with the
terms and conditions of the Escrow and Forward PURCHASE Agreement (the
"Escrow and Forward Purchase Agreement") which has previously been approved
by the Dallas -Fort Worth International Airport Board and forwarded on for
action by the Cities.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DALLAS, TEXAS:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
That the Escrow Agreement in substantially the form attached hereto and
made a part hereof as Exhibit A, the Agreement to Enter Into Escrow and
Forward Purchase Agreement in substantially the form attached hereto and made
a part hereof as Exhibit B and the Escrow and Forward Purchase Agreement in
substantially the form attached hereto and made a part hereof as Exhibit C,
are hereby accepted, approved and authorized to be executed and delivered in
such forms, with such changes and modifications as the respective City
Attorneys shall approve as necessary and appropriate as evidenced by their
execution thereof, to the respective parties set forth in such Agreements.
Such Agreements shall be executed on behalf of the City of Dallas by the City
Manager, with its corporate seal impressed thereon, attested by the City
Secretary, and approved as to form by the City Attorney. Such Agreements
shall be executed on behalf of the City of Fort Worth by the City Manager,
with its corporate seal impressed thereon, attested by the City Secretary,
and approved as to form and legality by the City Attorney. After such
execution the Escrow and Forward Purchase Agreement shall be forwarded by the
Dallas -Fort Worth International Airport Board along with the transcript of
proceedings relating to the Bonds for approval by the Attorney General of
Texas as a "Credit Agreement" in accordance with Article 717q, V.A.T.C.S.
OCS-205 re There was presented Mayor and Council
Liability Bonds the City Secretary recommending that the
cancellation of liability bonds, as follows:
PARKWAY CONTRACTOR'S BONDS
Lonnie Ray Eaves
Randy Feuerhelm
dba Feuerhelm
Concrete Co.
Cancellations
Lonnie Ray Eaves
Alliance Restora-
tion, Inc.
Lonnie Ray Eaves
Randy Feuerhelm dba
Feuerhelm Concrete Co.
PARKWAY CONTRACTOR'S BONDS
Lonnie Ray Eaves
Alliance Restoration, Inc.
Communication No. OCS-205 from the Office of
City Council authorize the acceptance or
CANCELLATIONS
INSURANCE COMPANY
Western Surety Company
Lawyers Surety Corporation
CANCELLATION DATE INSURANCE COMPANY
November 17, 1990 Western Surety Company
December 9, 1990 Western Surety Company
Minutes of City Council Q-3 Page 370
3'71
TUESDAY, NOVEMBER 13, 1990
It was the consensus of the City Council that the recommendation be adopted and that
the bonds remain in full force and effect for all work performed prior to date of
cancellation.
CS -206 re There was presented Mayor and Council Communication No. OCS-206 from the Office of
]aims the City Secretary recommending that City Council refer notices of claims regarding
alleged damages and/or injuries to the Risk Management Department, as follows:
ayne Lee Menking 1. Claimant: Wayne Lee Menking
Date Received: November 1, 1990
Date of Incident: September 15, 1990
Location of Incident: 4350 Ranch View Road
Estimate of Damages/
Injuries: $130.20
Nature of Incident: Alleges damages as the result of an
irrigation pipe being broken by garbage
crew.
aura Emma Fox 2. Claimant: Laura Emma Fox
Date Received: November 1, 1990
Date of Incident: Undeclared
Location of Incident: 3006 Schadt
Estimate of Damages/
Injuries: $187.50 - $424.85
Nature of Incident: Alleges damages as the result of a broken
water main.
enni s Dunki ns 3. Claimant: Dennis Dunkins
Date Received: November 1, 1990
Date of Incident: Undeclared
Location of Incident: Undeclared
Estimate of Damages/
Injuries: $59.95
Alleges damages as the result of clogged
sewer line.
edro Muniz 4. Claimant: Pedro Muniz
Date Received: November 2, 1990
Date of Incident: October 4, 1990
Location of Incident: 4821 Trueland
Estimate of Damages/
Injuries: $74.50 - $300.91
Nature of Incident: Seeks reimbursement for estimates for
sewer line repairs.
amela J. Rooney 5. Claimant: Pamela J. Rooney
Date Received: November 2, 1990
Date of Incident: May 13, 1990
Attorney: Michael Y. Saunders
Location of Incident: Emergency Room - Harris Methodist Hospital
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Alleges injuries as the result of being
exposed to chemical fumes from a patient.
illi a Thompson 6. Claimant: Willie Thompson
Date Received: November 2, 1990
Date of Incident: June 18, 1990
Attorney: Wallace Brady
Location of Incident: 2500 Blk of Cobb Park Drive
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Alleges injuries and/or damages as the
result of a vehicular accident involving
City -owned vehicle (dump truck).
i liner Perry, Jr. 7. Claimant: Wilmer Perry, Jr.
Date Received: November 2, 1990
Date of Incident: June 18, 1990
Attorney: Wallace Brady
Location of Incident: 2500 Blk of Cobb Park Drive
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Alleges injuries and/or damages as the
result of a vehicular accident involving
City -owned vehicle (dump truck).
Minutes of City Council Q-3 Page 371
3702"*
TUESDAY, NOVEMBER 13, 1990
Diane Jo Looney 8. Claimant: Diane Jo Looney
Date Received: November 5, 1990
Date of Incident: October 19, 1990
Location of Incident: 201 Main First City Bank Tower
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Alleges injuries as the result of a fall.
Gregory Lee Fowler 9, Cl aimant: Gregory Lee Fowler
Date Received: November 5, 1990
Date of Incident: October 12, 1990
Location of Incident: 2926 Clary Avenue
Estimate of Damages/
Injuries: $2,902.75 - $3,252.63
Nature of Incident: Alleges damages as the result of a
vehicular accident involving City -owned
vehicle (dump truck).
Raymond McDavid 10. Claimant: Raymond McDavid
Date Received: November 5, 1990
Date of Incident: September 24, 1990
Attorney: Michael A. Robertson
Location of Incident: 3500 N. Beach @ 3900 Woodlane
Estimate of Damages/
Injuries: $500,000.00
Nature of Incident: Alleges injuries and damages as result of
vehicular accident allegedly caused by
unkept weeds at the intersection.
Aetna Personal 11. Claimant: Aetna Personal Financial Security Division
Financial Security Date Received: November 6, 1990
Division Date of Incident: January 1, 1989
Location of Incident: 3100 Miller and 4100 E. Berry
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Alleges damages as the result of a
vehicular accident involving City vehicle
(Police).
armen B. Barrient 's 12. Claimant: Carmen B. Barrientes
Date Received: November 6, 1990
Date of Incident: May 7, 1990
Location of Incident: 3721 So. Main
Estimate of Damages/
Injuries: $186.46
Nature of Incident: Alleges damages as the result of actions
by Fort Worth Police Personnel.
ames Malcolm 13. Claimant: James Malcolm Brown, Jr.
rown, Jr. Date Received: November 7, 1990
Date of Incident: October 28, 1990
Location of Incident: 2224 Winton Terrace East
Estimate of Damages/
Injuries: $147.00
Nature of Incident: Alleges damages as the result of a broken
water meter cover.
orman Jack Myers 14. Claimant: Norman Jack Myers
Date Received: November 7, 1990
Date of Incident: Undeclared
Location of Incident: 5217 Townsend Drive
Estimate of Damages/
Injuries: $381.59 - $392.75
Alleges damages as the result of a water
main break.
ames Henry 15. Claimant: James Henry Atkinson, D.D.S.
tkinson, D.D.S. Date Received: November 7, 1990
Date of Incident: August 28, 1990
Location of Incident: 2417 Park Hill
Estimate of Damages/
Injuries: $289.20
Nature of Incident: Alleges damages as the result of a rock
being propelled f rom a mower.
Kenneth Wayne Green 16. Claimant: Kenneth Wayne Green
Date Received: November 7, 1990
Date of Incident: Undeclared
Location of Incident: 1832 Green Field
Estimate of Damages/
Injuries: Undeclared
Minutes of City Council Q-3 Page 372
373
TUESDAY, NOVEMBER 13, 1990
Claim of KennethII Nature of Incident: Alleges damages to vehicle as the result
Wayne Green cont. of improper actions taken at auto pound.
OCS-206 adopted Il It was the consensus of the City Council that the recommendation be adopted.
OC S-207 re
There was presented Mayor and Council Communication No. OCS-207 from the Office
Correspondence frod
of the City Secretary recommending that correspondence from Mr. John L. Richardson,
Mr. John L. Rich-
expressing his opinion regarding the involvement of the Trinity Housing Finance
ardson referred
Corporation with regard to Leonard Briscoe (Regalridge Apartments), and correspondence
to the Office of
from Mr. Joe Detrick regarding the elimination of obscene ads in the Fort Worth
the City Manager
Star -Telegram. It was the consensus of the City Council that the recommendation be
adopted.
M&C G-8900 re
There was presented Mayor and Council Communication No. G-8900 from the City
authorized continu
Manager stating that the City Council on July 24, 1990, by Mayor and Council
ed employment of
Communication No. G-8740 authorized the continued employment of Vinson and Elkins to
Vinson and Elkins,
provide special expertise and assistance in the Arlington Rate Case and litigation;
Attorneys at Law
that the City Council approved an additional $30,000.00 on June 21, 1988, by Mayor and
as outside counsel
Council Communication No. G-7615 for the continued employment of Vinson and Elkins to
to provide special
assist with the negotiations of new wholesale water contracts and continued
expertise and ass-
negotiations with the City of Arlington to execute a wastewater contract; that the City
istance in the
Council authorized continued employment of Vinson and Elkins on May 2, 1989, by Mayor
Arlington Rate CasE
and Council Communication No. C-11614 to provide special expertise and assistance to
and litigation
the City Attorney in wastewater matters, with the services not to exceed $150,000.00;
that, to date, the Water Department has paid a total of $400,630.00 to Vinson and
Elkins for service rendered; that Water Department staff estimates the representation
will cost approximately an additional $150,000.00 through the end of this fiscal year;
stating that funds are available in Water and Sewer Operating Fund PE45, Center
No. 0701000, Account No. 531200; and recommending that the City Council authorize
continued employment of Vinson and Elkins, Attorneys -at -Law, as an outside counsel to
provide special expertise and assistance in the Arlington Rate Case and litigation in
an amount not to exceed $150,000.00. It was the consensus of the City Council that the
recommendation be adopted.
M&C G-8901 re There was presented Mayor and Council Communication No. G-8901 from the City
authorized Manager, as follows:
participation in
the Texas Medicaid SUBJECT: MEDICAID - EPSDT DENTAL PROGRAM
Assistance Program
EPSDT Dental Progr
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Participate in the Texas Medicaid Assistance Program (Medicaid) by
implementing the Early and Periodic Screening, Diagnosis, and Treatment
(EPSDT) Dental Program in the Dental Clinics in the Public Health
Department;
2. Approve the fee schedule proposed for the Dental Health Services;
3. Deposit revenue collected from the Dental Health Clinics in the
following revenue accounts: (1) Medicaid-EPSDT Dental Program; (2)
Preventive Dental Health Services; and
4. Approve the monthly transfer of program related revenue from General
Fund GG 01 to Special Revenue Fund GR 03, based on a rate proportionate
to the total state support for the City's dental health clinics
(currently at 11%), to be reserved for reinvestment in the Dental Health
Program.
RACKGROHND
The Medicaid activities focus on initiating the Medicaid EPSDT Dental Program
which provides early detection and treatment of dental health problems to
eligible persons under age 21.
The fee schedule proposed for the City of Fort Worth dental clinics is listed
below. Included as a part of the fee schedule, is the recommendation that
the sliding fee schedule followed by the Fort Worth Health Department for
Medicaid activities in the Maternal and Child Health section be used with
this dental program. The services with the asterisk (*) are the ones that
may be applied to a sliding fee scale according to client's personal income
and family size.
* No client will be denied services due to inability to per.
Minutes of City Council Q-3 Page 373
3":
. TUESDAY, NOVEMBER 13, 1990
M&C G-8901 cont.
DENTAL HEALTH PROPOSED
FEE SCHEDULE
One Surface Amalgam, Permanent
arti-
authorized parti-
Two Surfaces Amalgam, Permanent
48.00*
cipation in the
cipation
DESCRIPTION
FEE
Medicaid - EPSDT
Initial Oral Exam
10.00
Resin, One Surface
Dental Program
X -Ray Full Mouth Exam
32.00*
48.00*
X -Ray - Periapical, First Film/Exam
18.00*
Resin, Four or More Surfaces
X -Ray - Periapical, Each Additional Film
4.00
Pin, for Retention
8.00
X -Ray - Occlusal Film/Exam
22.00*
64.00*
X -Ray - Bitewings/Exam
22.00*
Recement crown
X -Ray - Panoramic/Exam
48.00*
Temporary (Sedative) Filling
24.00*
Oral Prophylaxis (age 13-20)
30.00*
46.00*
Oral Prophylaxis (age 3-12)
20.00*
Root Canal - Two Canals
Amalgam - Pit, Primary
24.00*
Root Canal - Three or more Canals
312.00*
One Surface Amalgam, Primary
38.00*
572.00*
Two Surfaces Amalgam, Primary
48.00*
Reline Denture (Laboratory)
Three Surfaces Amalgam, Primary
64.00*
Extraction, Single Tooth, Primary
Amalgam - Pit, Permanent
24.00*
One Surface Amalgam, Permanent
36.00*
Two Surfaces Amalgam, Permanent
48.00*
Three Surfaces Amalgam, Permanent
64.00*
Four or more Surfaces Amalgam, Permanent
64.00*
Resin, One Surface
36.00*
Resin, Two Surfaces
48.00*
Resin, Three Surfaces
60.00*
Resin, Four or More Surfaces
66.00*
Pin, for Retention
8.00
Crown - Full Stainless Steel, Primary
64.00*
Crown - Full Stainless Steel, Permanent
64.00*
Recement crown
22.00*
Temporary (Sedative) Filling
24.00*
Therapeutic Pulpotomy with Base
46.00*
Root Canal - One Canal
240.00*
Root Canal - Two Canals
266.00*
Root Canal - Three or more Canals
312.00*
Complete Upper Denture - High Impact
572.00*
Complete Lower Denture - High Impact
572.00*
Reline Denture (Laboratory)
128.00*
Extraction, Single Tooth, Primary
26.00*
Extraction, Single Tooth, Permanent
42.00*
Extraction, Soft Tissue Impaction
84.00*
Extraction, Partial Bony Impaction
92.00*
Extraction, Complete Bony Impaction
112.00*
Extraction, Residual Root Tip
40.00*
Incision and Drainage of Abscess
40.00*
Removal of Foreign Body
70.00*
Palliative (Emergency) Treatment of Pain
20.00*
Splint, Acid Etch Material 54.00*
DISCUSSION:
Approval of this program for use in the dental clinics will have the
following financial impact:
The projected revenue during FY 1990-91 is $45,158. This projection is based
on estimated client visits and the assumption that 20% of the client visits
will qualify on Medicaid visits. The projected revenue is based on a full
year, however, the dental program would not probably be implemented until the
2nd or 3rd month in the 1st quarter of the fiscal year.
Recommendation (4) will establish a separate account in Special Revenue Fund
GR 03 to record the proportionate state share of program related revenue
which will be reserved for reinvestment into the Medicaid Program as outlined
by the Texas Department of Health Local Health Services guidelines.
The program related income policy will be followed for the revenue collected
at the clinics and for Medicaid payments, as outlined in the Texas Department
of Health Local Health Services Contract, and the Federal/State Uniform Grant
and Contract Management Standards. The essence of these standards is that
program related income must be: a) used to expand or enhance the program; b)
used to finance the non-federal/state share of the project if the state/
federal government approves; or c) deducted from the federal/state
contribution. Program Related Income used to expand the program could
include resources such as staff, contractual services or supplies.
Minutes of City Council Q-3 Page 374
375
TUESDAY, NOVEMBER 13, 1990
M&C G-8901 cont.
authorized partici To remain consistent with City financial policy, all transfers from Special
patio n in the Revenue Fund GR 03 to General Fund GG 01 will require City Council approval.
Medicaid - EPSDT When the Health Department requests use of these funds to expand the program,
Dental Program or to finance the non-Federal/State share of the program, a M&C will be
submitted for City Council approval. All expenses will be charged to the
General Fund.
FINANCING!
Upon approval and completion of Recommendation (4) a project account will be
established in Special Revenue Fund GR 03 to record the proportionate state
share of program -related revenue reserved for reinvestment into the Medicaid
Program. Sufficient funds are available in General Fund GG01, Center No.
0501520. The expenditures will be in various accounts in the General Fund GG
01, Public Health, Medicaid Program, Center No. 0501520.
M&C G-8901II It was the consensus of the City Council that the recommendations, as contained in
adopted Mayor and Council Communication No. G-8901, be adopted.
M&C G-8902 re
There was presented Mayor and Council Communication No. G-8902 from the City
deleting one
Manager stating that the City Council approved Mayor and Council Communication
Sergeant's positio
No. G-8244, dated September 26, 1989, for the addition of a Sergeant's position in the
from the Training
Training Division - Weapons Range - to better align the functions at that section; that
Division - Weapons
the department felt that a greater need existed for the Rangemaster to continue his
Range in the Police
duties at the Weapons Range rather than transferring him to another duty assignment;
Department, adding
that, since that time, the Sergeant has resigned his position with the Police
one Corporal/Detec
Department and another Rangemaster has been selected who holds the rank of
tive position in
Corporal/Detective; that the Corporal/Detective position is carried as an overage in
the Training Di vi si
the Training Division - Weapons Range; that, during Fiscal Year 1989-90, the department
on - Weapons Range
was authorized 171 Corporal/Detective positions; and, at the end of the fiscal year,
in the Police De-
the department had 171 actual Corporal/Detectives; that, through one demotion and the
partment and au-
reclassification described above, the department will have an authorized strength of
thorized on tempor
169 with 170 actual Corporal/Detectives; that the creation of one temporary overage
ary overage
Corporal/Detective position is necessary at this time; that the temporary position will
Corporal/Detective
be deleted at the first opportunity when a vacant Corporal/Detective position occurs
position for the
through attrition or promotional opportunities; and recommending that the City Council
department to be
approve the attached ordinance which:
deleted as soon as
the next vacant
1. Deletes one Sergeant's position from the Training Division -Weapons Range
Corporal /Detective
in the Police Department, Fund GGO1, Center No. 0353201;
position occurs.
2. Adds one Corporal/Detective position in the Training Division -Weapons
Range in the Police Department, Fund GGO1, Center No. 0353201; and
3. Authorizes one temporary overage Corporal/Detective position for the
department to be deleted as soon as the next vacant Corporal/Detective
position occurs.
M&C G-8902 It was the consensus of the City Council that the recommendations be adopted.
adopted
Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
Ordinance adopted. The motion was seconded by Council Member Zapata. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No.II ORDINANCE NO. 10723
10723
AN ORDINANCE SPECIFYING THE ADJUSTED TOTAL NUMBER OF
AUTHORIZED CIVIL SERVICE POSITIONS AT EACH RANK IN THE
POLICE DEPARTMENT; CREATING ONE ADDITIONAL CORPORAL/
DETECTIVE POSITION IN THE DEPARTMENT; DELETING ONE
SERGEANT POSITION; AUTHORIZING ONE OVERAGE CORPORAL/
DETECTIVE POSITION; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT OF THIS
ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
Minutes of City Council Q-3 Page 375
3'7F
TUESDAY, NOVEMBER 13, 1990
Ordinance No. SECTION 5.
10723 cont.
This ordinance shall take effect and be in full force and effect from
and after its passage, and it is so ordained.
M&C G-8903 re There was presented Mayor and Council Communication No. G-8903 from the City
adopt ordinance Manager stating that the City Council authorized publication of Notice of Intention to
authorizing Issue Certificates of Obligation on October 23, 1990, for the purpose of providing
issuance of funds for an airport control tower; that notice has been published for two consecutive
$6,000,000.00 weeks as provided by law, setting November 13, 1990, as the date for adoption of the
in certificates of ordinance authorizing issuance of certificates; and recommending that the City Council
obligation adopt an ordinance authorizing issuance of $6,000,000.00 in certificates of obligation;
engage the firm of McCall, Parkhurst and Horton to issue the legal opinion on the
certificates; and engage the firm of First Southwest Company to serve as financial
advisor in the transaction. Council Member Garrison made a motion, seconded by Council
Member Zapata, that the recommendation as contained in Mayor and Council Communication
No. G-8903 be adopted.
Mr. Jeff Leuschel
Mr. Jeff Leuschel, representing McCall, Parkhurst and Horton, appeared before the
re G-8903 issuance
City Council and advised the City Council that the bids will not be received in Finance
of $6,000,000.00
Director Judson Bailiff's office until 11:00 and requested that Mayor and Council
in certificates of
Communication No. G-8903 be continued until after 11:00.
obligation
Council Member Zapata made a motion, seconded by Council Member Garrison, that
Mayor and Council Communication No. G-8903, Adoption of Ordinance for the Issuance of
$6,000,000.00 City of Fort Worth, Texas, Certificate of Obligation, Series 1990, be
reconsidered. When the motion was put to a vote by the Mayor, it prevailed
unanimously.
Council Member Garrison made a motion, seconded by Council Member Chappell, that
Mayor and Council Communication Nos. G-8903, G-8904, and G-8905 be continued until
after the bid opening at 11:00. When the motion was put to a vote by the Mayor, it
prevailed unanimously.
M&C P-4537 re
There was presented Mayor and Council Communication No. P-4537, dated November 6,
agreement with
1990, from the City Manager stating that the City Council authorized Mayor and Council
Eastside Landfill
Communication No. P-4259, dated May 8, 1990, for landfill space for Village Creek
for dumping loose
Wastewater Treatment Plant to dump loose yards of trash; that the Park and Recreation
trash
Department especially needs landfill space for dumping trash and debris from its
routine park clean-up operations; that the $0.10 surcharge is an environmental fee
mandated by the Texas Department of Health; stating that budgeted funds are sufficient
to cover the anticipated expenditure by the departments participating in the agreement;
and recommending that the City Council authorize amending the purchase agreement with
Eastside Landfill for dumping loose trash at $2.50 + $0.10 cents per cubic yard to
include various departments.
Mr. Judson Bailiff
Mr. Judson Bailiff, Director of the Finance Department, appeared before the City
re P-4537 dumping
Council and advised the City Council that the estimated total amount for dumping trash
loose trash
and debris from its cleanup operation is $13,000.00.
Mayor Pro tempore Gilley made a motion, seconded by Council Member Granger, that
the recommendation, as contained in Mayor and Council Communication No. P-4537, be
adopted, as amended, to include a not to exceed amount of $13,000.00. When the motion
was put to a vote by the Mayor, it prevailed unanimously.
M&C P-4546 re
There was presented Mayor and Council Communication No. P-4546 from the City
agreement to
Manager stating that Hastik and Associates, Inc., is the single source for obtaining
provide S.I.F.
parts and service for B.I.F. equipment; that the service rendered has been
parts and service
satisfactory and staff has recommended that the purchase agreement be renewed; stating
with Hastik and
that budgeted funds are sufficient to cover the anticipated expenditure by the Water
Associates, Inc.
Department participating in the agreement; and recommending that the City Council
authorize a one-year sole source purchase agreement to provide the B.I.F. parts and
service with Hastik and Associates, Inc., on bid of list price plus 15% net, f.o.b.
Houston, Texas, and that the term of agreement be effective date of authorization by
City Council and expire one year later. It was the consensus of the City Council that
the recommendations be adopted.
M&C P-4547 re There was presented Mayor and Council Communication No. P-4547 from the City
agreement to Manager stating that the City Council authorized a one-year purchase agreement with
provide janitorial options to renew for two additional years on September 20, 1988, by Mayor and Council
service for the Communication P-2926 to provide janitorial service at the Central Library; that M&C
Fort Worth Public P-3729, dated September 26, 1989, authorized the first option to renew the agreement;
Central Library that service has been satisfactory, and it is recommended that the City exercise the
with General second and final option to renew the agreement, at the lower price which has been
Building Mainten- agreed to, based on substantially reduced services due to budget cuts; stating that
ance Company budgeted funds are sufficient to cover the anticipated expenditure in General Fund
GGO1, Center 0205003, Account 539120; and recommending that the City Council authorize:
1. Exercising the second (final) option for renewal of the purchase
agreement to provide janitorial service for the Fort Worth Public Central
Minutes of City Council Q-3 Page 376
3'77
TUESDAY, NOVEMBER 13, 1990
M&C P-4547 cont. Library with General Building Maintenance Company at the negotiated price
re agreement with
General Building of $3,349.00 per month not to exceed $36,839.00 net, f.o.b. Fort Worth;
Maintenance Compan3 2. The agreement to become effective November 1, 1990, and end September 30,
to provide janitor 1991; and
ial service for th
Fort worth Public 3. The confirmation of the purchase of service for the month of October,
Central Library
1990, for $3,349.00
M&C, P-4547 It was the consensus of the City Council that the recommendations be adopted.
adopted There was resented Mayor and Council Communication No. P-4548 from the Cit
M&C P-4548 re p y y
agreement with Manager stating that the Water Department will use oils and lubricants in the operation
Mid -American Corp- and maintenance of plant equipment; stating that budgeted funds are sufficient to cover
oration to supply the anticipated expenditure by the department participating in this agreement; and
oil and lubricants recommending that the City Council authorize:
to the 'dater Depart-
ment 1. A purchase agreement with Mid American Corporation to supply oil and
lubricants to the Water Department on the low bid of the following unit
prices:
A.
Compressor Oil
$2.58/gal.
B.
Wire Rope & Cable lubricant
$0.82/lb.
C.
Bearing grease
$0.86/lb.
D.
Food grease
$1.75/tube
E.
Air Tool Oil
$3.07/gal.
F.
Bearing Oil
$2.24/gal.
G.
Motor oil SW40
$2.58/gal.
H.
Hydraulic Oil R&068
$2.07/gal.
I.
Motor oil SAE30
$2.49/gal.
J.
Hydraulic oil R&032
$2.00/gal.
2. The
agreement to begin the date of
authorization by Council and end one
year
later.
M&C P-4548 adapted it It was the consensus of the City Council that the recommendations be adopted.
M&C P-4549 re There was presented Mayor and Council Communication No. P-4549 from the City
confirmed purchase Manager stating that, during a routine inspection of the elevator at the Rolling Hills
of elevator repair Chemical Building, structural damage was discovered; that the elevator is utilized to
services from transport chemicals and equipment for plant operation; that continued operation of this
Schindier Elevator elevator is essential and, therefore, the elevator at the Chemical Building at Rolling
Corporation for the Hills was repaired on August 8, 1990, by Schindler Elevator Corporation; stating that
Dater Department funds are available in Water Department Fund PE45, Center No. 0605003, Account No.
536010; and recommending that the City Council confirm the purchase of elevator repair
services from Schlinder Elevator Corporation for the Water Department for an amount not
to exceed $5,157.12. It was the consensus of the City Council that the recommendations
be adopted.
M&C P-4550 re
There was presented Mayor and Council Communication No. P-4550 from the City
purchase of variou
Manager submitting a tabulation of bids received for the purchase of various sizes
sizes of copper
of copper tubing for the Water Department; stating that purchases will be charged to
tubing for the
Water and Sewer Operating Fund PE45, Inventory Subsidiary Account No. 141279, Center
(later Department
No. 0000000; and recommending that the purchase be made from Triangle Supply on low bid
form Triangle
of $6,847.00 net, f.o.b. Fort Worth, Texas. It was the consensus of the City Council
S uppI
that the recommendation be adopted.
M&C P-4551 re
There was presented Mayor and Council Communication No. P-4551 from the City
agreement with
Manager stating that the Water Department will use parts to maintain the Beck
Harold Beck and
actuators; that the actuators are used to operate valves throughout the process control
Sons, Inc. to rpo-
on 8 -inch lines or larger; that Harold Beck and Sons, Inc., is the manufacturer and
vide parts for Becl
only source of supply; stating that budgeted funds are sufficient to cover the
a u tua for s for the
anticipated expenditure by the Water Department; and recommending that the City Council
Water Department
authorize a one-year sole source purchase agreement to provide parts for Beck actuators
with Harold Beck and Sons, Inc., on bid of list price, net, f.o.b. Newton, PA. It was
the consensus of the City Council that the recommendation be adopted.
M&C P-4552 re There was presented Mayor and Council Communication No. P-4552 from the City
renew purchase Manager stating that the City Council on January 30, 1990, authorized a one-year
agreement for purchase agreement with a one-year renewal with Badger Meters, Inc./Precision Products,
parts, labor, and Inc., to provide parts, labor, and training on Badger Sewer Flow Meters for the Water
training on Badger Department; that the service rendered has been satisfactory; that staff has requested
Sewer Flow meters the last option to renew be exercised; that Badger Meters, Inc./Precision Products,
with Badger Meters Inc., has agreed to maintain unit prices as originally bid; that, however, no guarantee
Inc./Precision has been made that a specific quantity of goods or services will be purchased; stating
Products, Inc. that budgeted funds are sufficient to cover the anticipated expenditure by the Water
Department; and recommending that the option to renew be exercised with Badger Meters,
Inc./Precision Products, Inc., for an amount not to exceed $15,000.00, and that the
Water Department be authorized to participate in this agreement exclusively, effective
from date of authorization by City Council until one year later. It was the consensus
of the City Council that the recommendations be adopted.
Minutes of City Council Q-3 Page 377
3'78
MU*C P-4553 re
renewal purchase
agreement with
TCOM Human Fitnes
Center/The YMCA
to provide ren
physical assess-
ments for the
Police Department
M&C P-4553
adopted
M&C P-4554 re
one-year purchase
agreement to
provide office
supplies for the
Finance Departmen
with Miller Busi-
ness Systems
TUESDAY, NOVEMBER 13, 1990
There was presented Mayor and Council Communication No. P-4553 from the City
Manager stating that the City Council authorized a purchase agreement with five
one-year renewal options on November 15, 1988, by Mayor and Council Communication No.
P-3043 to provide physical assessments of Police personnel; that the assessments will
include a medical history, laboratory analysis of urine, blood and hemoculture, a
physical examination, musculoskeletal evaluation, and graded exercise stress test; that
other tests may be performed based on needs of the individual at additional cost;
stating that funds are available in General Fund GG01, Center No. 0353200, Account No.
539120; and recommending that the City Council authorize:
1. Exercise the second option for renewal to the purchase agreement TCOM
Human Fitness Center/The YMCA to provide physical assessments for the
Police Department as follows:
Physical Assessment $160.00 per test
FEE SCHEDULE FOR OPTIONAL DIAGNOSTIC PROCEDURES
2 -View Chest X -Ray
Audiometric Screen
Drug Screen
Pre -Employment Physical
Flexible Proctosigmoidoscopy
Structural Low Back X -Rays (2 -View)
Mammography (With Educational Program)
Family Health Care Fees
Initiation Fee for Medifast Program if
Already Performed
Initiation Fee for Medifast Program if
Not Performed
$33.00
$10.00
$25.00
$228.00
$50.00
$30.00
$95.00
$95.00
Health Assessment
Waived
Health Assessment
$75.00
Weekly Charges (Includes Food Supplement) $40.00
2) The effective date to begin November 15, 1990 and end November 15, 1991
and end November 15, 1991 or third renewal option is authorized.
It was the consensus of the City Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. P-4554 from the City
Manager submitting a tabulation of bids received for a one-year purchase agreement to
provide office supplies for the Finance Department; stating that purchases will be
charged to Office Services Fund PI60, Inventory Account No. 141275; and recommending
that the City Council authorize the purchase agreement with Miller Business Systems
based on low overall bid of unit prices, not to exceed $500,000.00 net, f.o.b. Fort
Worth, with the agreement to become effective upon date of authorization and end one
year later, with option to renew from one year. It was the consensus of the City
Council that the recommendations be adopted.
M&C P-4555 re There was presented Mayor and Council Communication No. P-4555 from the City
renew purchase Manager stating that the City Council authorized a purchase agreement with a one-year
agreement with renewal option with Hi -Tech Signals, Inc., November 14, 1989, on Mayor and Council
Hi -Tech Signals Communication P-3827 to provide vehicle loop wire sealant; that user departments have
to provide vehicle recommended the agreement be renewed for one year; that the vendor has agreed to hold
loop wire sealant firm price for one year; stating that budgeted funds are sufficient to cover the
for City Depart- anticipated expenditure by each department participating in the agreement; and
vents for one recommending that the City Council exercise the option to renew the purchase agreement
additional year with Hi -Tech Signals, Inc., to provide vehicle loop wire sealant for City departments
for one additional year on the bid of $8.75 per quart, f.o.b, Fort Worth, with new
agreement to become effective November 14, 1990, and end November 13, 1991. It was the
consensus of the City Council that the recommendation be adopted.
M&C P-4556 re There was presented Mayor and Council Communication No. P-4556 from the City
confirmed ptirchase Manager stating that the air conditioning unit at North Branch Library failed on August
of a heating/air 15, 1990, requiring the purchase of a new unit; that emergency handling of the request
conditioning was required to keep the building open to the public; stating that funds are available
unit for the in General Fund GG01, Center No. 0205002, Account No. 536010; and recommending that the
Transportation/ City Council confirm the purchase of a heating/air conditioning unit for the
Public Works De- Transportation/Public Works Department with Carrier Bock for an amount not to exceed
partment with $6,936.00. It was the consensus of the City Council that the recommendation be
Carrier Bock adopted.
M&C P-4557 re There was presented Mayor and Council Communication No. P-4557 from the City
purchase agree- Manager submitting a quote received for a purchase agreement to supply bulk Portland
ment with Texas Type I cement for the Transportation/Public Works Department; stating that budgeted
Industries, Inc. funds are sufficient to cover the anticipated expenditure by the department
to supply bulk participating in the agreement; and recommending that the City Council authorize a
Portland Type I purchase agreement with Texas Industries, Inc., to supply bulk Portland Type I cement
cement to be to be spread by the vendor at construction sites on low bid of unit prices at $53.50
spread by the per ton, with the agreement to begin date of authorization by City Council and end one
vendor at construyear later. It was the consensus of the City Council that the recommendations be
tion sites adopted.
Minutes of City Council Q-3 Page 378
379
TUESDAY, NOVEMBER 13, 1990
M&C P-4558 re There was presented Mayor and Council Communication No. P-4558 from the City
agreement with Manager submitting a tabulation of bids received for Armored Car Service for various
Armored Transport City departments; stating that budgeted funds are sufficient to cover the anticipated
of Texas, Inc. to expenditure by each department participating in the agreement; and recommending that
provide armored the City Council authorize:
car service for
various depart- 1. A purchase agreement with Armored Transport of Texas, Inc., to provide
ments armored car service for various departments on the low bid of the
following unit prices:
Cost Per
Location Pick Up
1) Park & Recreation $ 7.25
Meadowbrook G.C.
2) Park & Recreation $ 7.25
Pecan Valley G.C.
3) Park & Recreation $ 7.25
Sycamore G.C.
4) Airport $ 7.25
Collections
5) Park & Recreation $ 7.25
Fort Worth Zoo
6) Park & Recreation $ 7.25
Administration
7) Park & Recreation $ 7.25
McLeland Tennis Center
8) Park & Recreation $ 7.25
Haws Athletic Center
9) Park & Recreation $ 7.25
Log Cabin Village
10) Health Department $ 7.25
Collections
11) Health Department $ 7.25
7 Nursing Clinics
12) Police Department $ 7.25
Auto Pound
13) Police Department $ 7.25
Records Division
14) Finance Department $10.00
City Treasurer's Central
Cashier Depository
15) Finance Department $12.50
Central Cashier to TASC
2. The beginning date for the purchase agreement as November 30, 1990 and
ending November 29, 1991 with two (2) additional one-year options to
renew. a
M&C P-4558 adopted It was the consensus of the City Council that the recommendations be adopted.
M&C P-4559 re There was presented Mayor and Council Communication No. P-4559 from the City
purchase of food Manager stating that a list of vendors has been contacted, as well as others, in order
and soft drinks to determine who can supply perishable foodstuffs or ingredients on an "as needed"
by purchase order basis; that price, quality, and availability will influence election of a particular
for the Park and vendor; that authority to order direct from a wide range of local suppliers would
Recreation Depart- alleviate delays, expedite purchases best suited to patrons' needs, and guarantee the
ment from various best quality of goods for the operation of the snack bar; stating that budgeted funds
authorized vendors are sufficient to cover the anticipated expenditure of the department; and recommending
for a period of that the City Council authorize:
one year
1. The purchase of food and soft drinks by purchase order for the Park and
Recreation Department from various authorized vendors for a period of
one year based on the unit prices at current market prices; and
Minutes of City Council Q-3 Page 379
TUESDAY, NOVEMBER 13, 1990
M&C P-4559 cont.
re purchase of
2.
This agreement will begin December 19, 1990, and end one year from that
food and soft drinks
date, with option to renew for one additional year.
for the Park and
Recreation Depart-
ment from various
vendors
1.
Ben E. Keith Distributing Company
2.
Continental Baking Company
3.
Lee's Candy and Tobacco
4.
Snack Attach, Inc.
5.
Frito-Lay, Inc.
6.
Pepsi-Cola Bottling Company
7.
Farmer Brothers Coffee Company
8.
Pretzels, Inc.
9.
Johnson Milk Sales
&C P-4559 adopted 11 It was the consensus of the City Council that the recommendations be adopted.
M&C P-4560 re
purchase of soft-
ware and support
materials, hardwar
for the Wellness
Division of the
Risk Management
Department from
Wellsource
M&C P-4561 re
purchase of a 40
foot by 400 foot
pre -fabricated
building from Mid-
west Wrecking
Company for Fire
Department as
central storage
facility for hazar
dous materials re-
sponse equipment
and supplies
There was presented Mayor and Council Communication No. P-4560 from the City
Manager submitting a tabulation of bids received for the purchase of hardware,
software, and support materials for the Wellness Division of the Risk Management
Department; stating the funds were available in Group Health Insurance Fund FE85,
Center No. 0158500, Account No. 541370; and recommending that the purchase be made from
Wellsource, for its low bid meeting City specifications of $10,916.00, f.o.b. Fort
Worth, for use in the Health Risk Assessment Program for City employees. It was the
consensus of the City Council that the recommendation be adopted.
There was presented Mayor and Council Communication No. P-4561 from the City
Manager, as follows:
SUBJECT: PURCHASE OF PRE -FABRICATED BUILDING FOR THE FIRE DEPARTMENT
RECOMMENDATION:
It is recommended that the City Council authorize the use of surplus bond
funds in the amount of $8,000 for the purchase of a 40' x 40' pre -fabricated
building from Midwest Wrecking Company to be used by the Fire Department as.a
,x central storage facility for hazardous materials response equipment and
supplies.
DT�cISS TON!
The bond funds used for construction of Fire Station 30 currently has an
account balance of $15,187, with all billings for the project considered
finished. The Fire Department has located a 40' x 40' pre -fabricated
building owned by Midwest Wrecking Company. The building, constructed with
overhead doors and containing bath facilities, has been offered to the Fire
Department at a cost of $8,000. The building would be used by the Fire
Department to consolidate the hazardous materials response team at Fire
Station 1. Currently, materials and equipment used by the team are stored at
various fire stations throughout the City. In addition, the Department lacks
garage or fire station space to park the Haz Mat Rescue Truck and the trailer
used to transport seized drug lab chemicals and materials.
Purchase of the building will allow the Department to consolidate all
hazardous materials supplies, equipment and vehicles at one central location.
It is anticipated that the bath facilities would be converted in order to
allow decontamination of personnel responding to hazardous materials
incidents, and, with the addition of a holding tank, remove the risk of
contaminates draining into the City sewage system.
Since the purchase is for less than $10,000, it is not required to be bid
under state law. However, City purchasing regulations are more strict than
state law and generally require bids on contracts over $5,000. This
requirement may be administratively waived pursuant to Section 3.8 of the
regulations in the event of extraordinary circumstances documented in writing.
The department head has complied with this requirement by memo to the City
Manager's Office, the Finance Director and the Purchasing Manager.
FINANCING:
Sufficient funds are available in Public Safety Improvements Fund GC27,
Center No. 016270111300, Fire Station #30. Expenditures will be made to
Account No. 541100.
M&C C-4561 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor
and Council Communication P-4561, be adopted.
M&C L-10299 re
eminent domain There was presented Mayor and Council Communication No. L-10299 from the City
proceedings to Manager recommending that the City Attorney be authorized to institute eminent domain
acquire a perman- proceedings to acquire an irregularly-shaped permanent utility easment out of
ent easement and
two temporary con-
struction easement
Minutes of City Council Q-3 Page 380
381
. TUESDAY, NOVEMBER 13, 1990
M&C L-10299 cont.
re eminent domain Tract 1C1, J. Askew Survey, Abstract 16, as described in Volume 9503, Page 124, Deed
proceedings to Records, Tarrant County, Texas; same being 471.38 feet along its south line, 35.56 feet
acquire a perman- along its east line, 441.38 feet along its north line, and 43.68 feet along its west
enant easement and line; and two irregularly-shaped temporary construction easements 25.0 feet in width
two temporary con- and lying one on each side of the described permanent easement; located at the proposed
struction easement Western Center Boulevard; and required for Northside II Water Transmission Main,
Phase II. It was the consensus of the City Council that the recommendation be adopted.
M&C L-10300 re There was presented Mayor and Council Communication No. L-10300 from the City
eminent domain Manager recommending that the City Attorney be authorized to institute eminent domain
proceedings to proceedings to acquire an irregularly-shaped permanent easement out of Tract 1C2,
acquire a permanent Tract 1A4, Tract 1A, Tract 1A2F1, and Tract 1A2D1 of the J. Askew Survey, Abstract 16,
easement and two- as recorded in Volume 9503, Page 118; Volume 7748, Page 180; Volume 7748, Page 267;
temporary construc Volume 7207, Page 1719; and Volume 7748, Page 180, respectively, Deed Records, Tarrant
tion easements County, Texas; and two irregularly-shaped temporary construction easements lying on
each side of the described utility easement; located at the proposed Western Center
Boulevard; and required for Northside II Water Transmission Main, Phase II. It was the
consensus of the City Council that the recommendation be adopted.
M&C L-10301 re There was presented Mayor and Council Communication No. L-10301 from the City
eminent domain Manager recommending that the City Attorney be authorized to institute eminent domain
proceedings to proceedings to acquire an irregularly-shaped permanent utility easement out of
acquire permanent Tract 3B1, Thomas Benjamin Survey, Abstract 1497, as described in Volume 4831,
nd temporary con- Page 151, Deed Records, Tarrant County, Texas; same being 861.88 feet in width along
struction easements its north line and 852.30 feet in width along its south line which lies parallel to and
contiguous with the north right-of-way line of Bailey -Boswell Road; and an
irregularly-shaped strip of land out of Tract 3B1, Thomas Benjamin Survey,
Abstract 1497, as described in Volume 4831, Page 151, Deed Records, Tarrant County,
Texas; same lying parallel to, contiguous with, and north of the described permanent
utility easement; located at the northeast corner of the intersection of Bailey -Boswell
Road and Old Decatur Road; and required for Northside II Water Transmission Main,
Phase II. It was the consensus of the City Council that the recommendation be adopted.
M&C L-10302 re
There was presented Mayor and Council Communication No. L-10302 from the City
acquisition of
Manager recommending that the City pay a total consideration of $1,560.00 for Lots 17
Lots 17 nd 18, Blockand
18, Block 126, Chamberlain Arlington Heights #2 Filing Addition; located at Helmick
126, Chamberlain
and Halloran; owned by Ronald Boswell and Ronald Michael Boswell; required for
Arlington Heights
Chamberlain Park Extension/Como Multi -Purpose Center Replacement; and recommending that
2nd Fi i i ng Addiiton
a bond fund transfer be authorized in the amount of $15,000.00 from GC23-080230410200,
required for Cham-
All Districts Unspecified, to GC23-016781011607, Chamberlain Park, to provide for
berlain Park Ex-
present and future purchases at the park. It was the consensus of the City Council
tension/Como Multi
that the recommendations be adopted.
Purpose Center Re-
that the recommendation be adopted. When the motion was put to a vote by the Mayor, it
placement
There was presented Mayor and Council Communication No. L-10303 from the City
Committee
Manager recommending that the City Attorney be authorized to institute eminent domain
M&C L-10303 re
proceedings to acquire an irregularly-shaped permanent utility easement out of
eminentgsdomain
Tract 12, A. F. Albright Survey, Abstract 1849, as described in Volume 9415, Page 891,
proceedings to
Deed Records, Tarrant County, Texas; same being 1708.42 feet along its south line,
acquire permanent
49.34 feet along its east line, 1746.66 feet along its north line, and 28.38 feet along
temporary con-
its west line; and an irregularly-shaped temporary construction easement being 10.0
strucand
ion ease-
feet in width and lying parallel to, contiguous with, and north of the above-described
ments
me n is
permanent easement and an irregularly-shaped strip of land 25.0 feet in width and lying
construction of
parallel to, contiguous with, and south of the described permanent easement; located
bi ddi son and Ripy
south of Longhorn Drive East of Old Decatur Road; and required for Northside II Water
Streets
Transmission Main, Phase II, UE -12 and TCE-12. It was the consensus of the City
Council that the recommendation be adopted.
M&C L-40304 re
There was presented Mayor and Council Communication No. L-10304 from the City
acquisition of
Manager recommending that the City pay a total consideration of $445,185.00 for an
Tract 1T, P.E. Col
irregularly-shaped parcel of land out of the westerly portion of Tract 1T,
man Survey Abstract
P. E. Coleman Survey, Abstract No. 372, as recorded in Volume 7472, Page 1301, Deed
No. 372 required
Records, Tarrant County, Texas; located at the northeast corner of Bridge Street and
for East Regional
Oakland Hills Boulevard; owned by Alden E. Wagner, Jr., Trustee; and required for the
Library Site
East Regional Library site.
Council Member
Council Member Granger congratulated the Citizens Advisory Committee on its choice
Granger re L-10304
for the East Regional Library and made a motion, seconded by Council Member Zapata,
congratulated the
that the recommendation be adopted. When the motion was put to a vote by the Mayor, it
Citizens Adi vosry
prevailed unanimously.
Committee
There was presented Mayor and Council Communication No. L-10305 from the City
M&C L-10305 re
Manager recommending that the City pay a total consideration of $350.00 for an
acquisition of
irregularly-shaped strip of land out of the northwest corner of Lot 4-R, Block 4,
right-of-way in
Brentmoor Addition, as described in Volume 5183, Page 1701, Deed Records, Tarrant
Lot 4-11, Block 4,
County, Texas; same being 3.03 feet in depth on the east and 25.11 feet in depth along
Brentmoore Addition,
,the west and 58.50 feet in length; located at 700 East Ripy Street; owned by
required for re-
Jesus R. Garcia - Estate, et ux Hortencia Garcia; and required for reconstruction of
construction of
Biddison and Ripy Streets. It was the consensus of the City Council that the land be
bi ddi son and Ripy
acquired as recommended and that the expenditure be charged to Street Improvement Fund
Streets
GS67, Center No. 016670401670, Account No. 541100.
Minutes of City Council Q-3 Page 381
3804.0,.
TUESDAY, NOVEMBER 13, 1990
M&C L-10306 re
There was presented Mayor and Council Communication No. L-10306 from the City
acquisition of
Manager recommending that the City pay a total consideration of $772.00 for a
right-of-way and
rectangularly -shaped strip of land being four feet in width and 186.90 feet in length
temporary construc
out of Block A, Eastwood Addition, Fourth Filing, as recorded in Volume 6754, Page 687,
tion easement out
Deed Records, Tarrant County, Texas; same being located adjacent and parallel to the
of Block A, East-
west side of Village Creek Road; and a rectangularly -shaped temporary construction
wood Addition,
easement being three feet in width and 80 feet in length adjacent and parallel to the
Fourth Filing
right-of-way as described above; located in the 3600 block of Village Creek Road; owned
required for
by Bobby Webber; and required for Village Creek Road Improvements.
Village Creek Roa
Street Improvement Fund GS67, Center No. 016670401320, Account No. 541100.
improvements
Council Member Webber advised the City Council that she is abstaining from voting
acquisition of
on Mayor and Council Communication No. L-10306 on the advice of the City Attorney.
two temporary con
Council Member Granger made a motion, seconded by Council Member McCray, that the
struction ease-
recommendation, as contained in Mayor and Council Communication No. L-10306, be adopted.
ments from Tract
When the motion was put to a vote by the Mayor, it prevailed by the following vote:
1-A-1, J.B. Martir
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Survey, Abstract
Garrison, Granger, McCray, Meadows, and Chappell
NOES: None
ABSENT: None
NOT VOTING: Council Member Webber
M&C L-10307 re
There was presented Mayor and Council Communication No. L-10307 from the City
acquisition of
Manager recommending that the City pay a total consideration of $344.00 for an
right-of-way from
irregularly-shaped strip of land out of Lot C, McKnight Highpoint Addition, as
Lot c. McKnight
described in Volume 2158, Page 19, Deed Records, Tarrant County, Texas; same being
i nt Addi ti o
e
adjacent to, parallel with, and north of the north right-of-way line of Meadowbrook
requir
required for
r
Drive; located at 6150 Meadowbrook Drive; owned by Cecil Dwayne Carter, Independent
Drive
Executor of the Estate of Edmond Grover Carver; and required for Meadowbrook Drive
reconstructook
reconstruction
reconstruction project from Watson to I-820. It was the consensus of the City Council
project from
that the right-of-way be acquired as recommended and that the expenditure be charged to
Watson to I- 820
Street Improvement Fund GS67, Center No. 016670401320, Account No. 541100.
MUOC L-10308 re
There was presented Mayor and Council Communication No. L-10308 from the City
acquisition of
Manager recommending that the City pay a total consideration of $1,000.00 for a
two temporary con
rectangularly -shaped temporary construction easement out of Tract 1-A-1, J. B. Martin
struction ease-
Survey, Abstract 1133, as described in Volume 7540, Page 1583, Deed Records, Tarrant
ments from Tract
County, Texas; same being 10.0 feet in depth and 49.0 feet in length and lying adjacent
1-A-1, J.B. Martir
to, parallel with, and within the north right-of-way line of Meadowbrook Drive; and a
Survey, Abstract
rectangularly -shaped temporary construction easement out of Tract 1-A-1, J. B. Martin
1133 required for
Survey, Abstract No. 1133, as described in Volume 7540, Page 1583, Deed Records,
Meadowbrook Drive
Tarrant County, Texas; same being 9.0 feet in depth and 55.0 feet in length and lying
reconstruction
adjacent to, parallel with, and within the north right-of-way line of Meadowbrook
from Watson to
Drive; located at 5682 Meadowbrook Drive; and required for Meadowbrook Drive
1-820
reconstruction from Watson to I-820. It was the consensus of the City Council that the
easements be acquired as recommended and that the expenditure be charged to Street
Improvement Fund GS67, Center No. 016670401320, Account No. 541100.
M&C L-10309 re
There was presented Mayor and Council Communication No. L-10309 from the City
acquisition of
Manager recommending that the City pay a total consideration of $531.00 for two
two temporary
temporary construction easements out of Lot 25-R, Lee Murray Addition, as described in
constructionease-
Volume 8909, Page 1535, Deed Records, Tarrant County, Texas; located at 5700
ments from Lot 25
Meadowbrook Drive; owned by Inway Meadowbrook Drive; and required for Meadowbrook Drive
-R, Lee Murray
reconstruction from Watson to I-820. It was the consensus of the City Council that the
Addition required
easements be acquired as recommended and that the expenditure be charged to Street
for Meadowbrook
Improvement Fund GS67, Center No. 016670401320, Account No. 541100.
Drive
There was presented Mayor and Council Communication No. L-10310 from the City
M&C L-10310 re
Manager, as follows:
acquisition of
permanent and
SUBJECT: ACQUISITION OF EASEMENT/REHABILITATION OF SANITARY SEWER MAIN 42,
temporary constru
- LATERAL 527 AND MAIN 383-A/PARCELS 17 AND 18
tion easements from
Lot 1, Block 1,
RECOMMENDATION:
Samuels Avenue
Baptist Church
It is recommended that approval be given for the acquisition of the property
Addition and from
described below:
Lot 4A
1. Name and Description of Project: Rehabilitation of Sanitary Sewer Main
42, Lateral 527 and Main 383-A
2. Type of Acquisition: Outright Purchase/Permanent and Temporary
Construction Easements
3. Description of Land:
Minutes of City Council Q-3 Page 382
M&C L-10310 cont.
re acquisition of
permanent and
temporary construc
tion easements fro
Lot 1, Block 1.
Samuels Avenue
Baptist Church
M&C L-10310 adopte
M&C L-10311 re
granting of ease-
ment and righ-of-
way to TU Electric
Company for reloca
tion of a power
pole in conjunctio
with the widening
Green Oaks Blvd.
M&C L-10312 re
acquisition of
right-of-way in
Lot 1, Block 14,
Vickery Addition
required for re-
construction of
Troost Street from
East Rosedale to
Terrell Avneue
M&C PZ -1596 re
vacating a utility
easement
383
TUESDAY, NOVEMBER 13, 1990
Permanent Easement (Parcel 17) - A rectangularly shaped parcel of land
15 feet in width and approximately 93.01 feet in length located across
the westerly portion of Lot 1, Block 1, Samuels Avenue Baptist Church
Addition, as recorded in Volume 388-112, Page 78, Deed Records, Tarrant
County, Texas. This parcel of land contains approximately 1,395 square
feet as required for a permanent easement.
Construction Easement - A rectangularly shaped parcel of land 25 feet in
width and approximately 93.01 feet in length adjacent to the westerly
line of said permanent easement. This parcel of land contains
approximately 2,325 square feet as required for a construction easement.
Permanent Easement (Parcel 18) - A rectangularly shaped parcel of land
15 feet in width and approximately 50.27 feet in length located across
the westerly portion of Lot 4A, Mulligan Addition out of the F.G.
Mulliken Survey, Abstract No. 1045, as recorded in Volume 6456, Page
289, Deed Records, Tarrant County, Texas. This parcel of land contains
approximately 754 square feet as required for a permanent easement.
Construction Easement - A rectangularly shaped parcel of land 25 feet in
width and approximately 50.27 feet in length adjacent to the westerly
line of said permanent easement. This parcel of land contains
approximately 1,857 square feet as required for a construction easement.
Square Feet: Parcel 17 -
Parcel 18 -
Zoning: "D" Multi -Family
Parcel Nos.: 17 and 18
P.
Esmt.:
1,395
C.
Esmt.:
2,325
P.
Esmt.:
754
C.
Esmt.:
1,857
4. Consideration:
Payment for land $750.00
Total Consideration $750.OU
Supplemental Information: The City also acquired additional
right-of-way in the form of a temporary construction easement. This
easement will allow the City the right to extend the existing sanitary
sewer line from the existing sewer main to the proposed sanitary sewer
main without interruption of sanitary sewer service. Once this project
is completed, the old sanitary sewer main including manholes will be
abandoned.
5. Location: 715 Samuels Avenue
6. Owner: Samuels Avenue Baptist Church
7. Financing: Sufficient funds are available in Sewer Capital Improvements
Fund PS58, Center No. 016580170650, Sanitary Sewer Rehabilitation Main
42 and Lateral 527. Expenditures will be made from Account No. 541100.
8. Land Agent: Aleeta Hackney
It was the consensus of the City Council that the recommendation, as contained in Mayor
and Council Communication L-10310, be adopted.
There was presented Mayor and Council Communication No. L-10311 from the City
Manager stating that T. U. Electric has requested an easement for the purpose of
relocating a utility pole on City property of Village Creek Plant; that the Water
Department has reviewed this request and has no objection to this relocation; that the
City will not incur any expenses in the granting of this easement; and recommending
that the City Manager be authorized to grant an easement and right-of-way to T.U.
Electric Company for relocation of a power pole in conjunction with the widening of
Green Oaks Boulevard, south of Village Creek Plant. It was the consensus of the City
Council that the recommendation be adopted.
There was presented Mayor and Council Communication No. L-10312 from the City
Manager recommending that the City Council pay a total consideration of $1,010.25 for
an irregularly-shaped parcel of land 20 feet in depth and approximately 71.66 feet in
length located across the westerly portion of Lot 1, Block 14, Vickery Addition, as
recorded in Volume 309, Page 4, Deed Records, Tarrant County, Texas; located at 1151
Troost Street; owned by Eugene Scott; and required for reconstruction of Troost Street
from East Rosedale Street to Terrell Avenue. It was the consensus of the City Council
that the recommendation be adopted.
There was presented Mayor and Council Communication No. PZ -1596 from the City
Manager recommending that an ordinance be adopted vacating the east five foot of a
ten -foot wide utility easement located to the rear of Lot 19, Block 7, Lost Creek
Minutes of City Council Q-3 Page 383
TUESDAY, NOVEMBER 13, 1990
M&C PZ -1596 cont•
vacating a utility
Addition, as recorded
in Volume 388-115,
Page 97, P.R.T.C.T. It was the consensus of
easement
the City Council
that the
recommendation be
adopted.
Introduced an
Mayor Pro
tempore
Gilley introduced
an ordinance and made a motion that it be
Ordinance
adopted. The motion
was
seconded by Council
Member Zapata. The motion, carrying with
it the adoption
of said
ordinance, prevailed
by the following vote:
AYES:
Mayor
Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison,
Granger, McCray,
Meadows, Webber, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
rdi nance No. 10724 ORDINANCE NO. 10724
AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING A
PORTION OF A UTILITY EASEMENT IN LOT 19, BLOCK 7, LOST CREEK
ADDITION; PROVIDING FOR REVERSION OF FEE IN SAID LAND; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE
DATE.
&C C-12602 re There was presented Mayor and Council Communication No. C-12602 from the City
uthorized contracl Manager submitting a tabulation of bids received for the water line replacement in
i th J.D. Vickers , Northwest 30th Street and for the paving of Northwest 30th Street from Long to Kearney;
nc. for water and recommending that the City Council:
ine replacement
nNW 30 Street and 1. Approve the following fund transfers:
uthorized contrac
i th Wal Williams FROM TO AMOUNT REASON
onstruction, Inc.
or the paving of GS94-020940099050. GS67-060670171560 $47,893.00 To provide funds
W 30 Street from Special Assessments NW 30th Street for water line
ong to Kearney Unspecified Water Replacement replacement plus
$4,344.00 for
possible change
orders.
PE45-0609020 PW53-060530171560 $ 5,000.00 To provide funds
Water and Sewer NW 30th Street for inspection
Operating Fund Water Replacement and survey.
GS94-020940099050 GS67-020670401930 $ 3,000.00 To move property
Special Assessments NW 30th Street owners's share of
Unspecified Long to Kearney cost from revolv-
ing fund to pro-
ject account.
GS67-020670409010 GS67-020670401930 $50,077.26 To provide funds
Inner City Streets NW 30th Street for the City's
Unspecified Long to Kearney share of con-
struction cost
plus $3,538.48
for possible
change orders.
GR76-005206080350 GR76-02020608058 $21,230.91 To provide funds
Eleventh Year CDBG NW 30th Street for street con -
Inner City Streets Long to Kearney struction.
2. Authorize the City Manager to execute a contract with J.D. Vickers,
Inc., in the amount of $43,548.60 based on the low bid for the Water
Line Replacement in NW 30th Street; and
3. Authorize the City Manager to execute a contract with Walt Williams
Construction, Inc., in the amount of $70,769.69 and 27 working days for
the paving of NW 30th Street from Long to Kearney.
&C C-12602 It was the consensus of the City Council that the recommendations be adopted.
dopted
&C C-12603 re There was presented Mayor and Council Communication No. C-12603 from the City
icense agreement Manager stating that General Dynamics has used the Botanic Garden's parking lot
ermi tti ng General adjacent to the I-30 access road east of Montgomery Street under an eight-year license
ynamics to use the agreement with the City of Fort Worth for parking for General Dynamics employees who
otanic Garden work in the Montgomery Street Plant; that the Botanic Gardens must reclaim 110 feet at
arking lot the east boundary of this lot in order to relocate greenhouses which are in the way of
the new demonstration garden; that, in order to replace the parking spaces lost to
General Dynamics, the owner of the General Dynamics building has offered an abandoned
Minutes of City Council Q-3 Page 384
ass
TUESDAY, NOVEMBER 13, 1990
M&C C-12503 cont. 40 -foot railroad right-of-way area for inclusion in the parking area; that the amount
re License agree- to be contributed by the City will be paid in the form of a reduction in the 1990-91
ment pervii tti ng
Dynamics license fee payment, which is estimated at $1,000.00; that this license agreement is
General
to use the Botanc for a period of three years and is not renewable; stating that the Cash Management
Garden parking Division of the Finance Department will be responsible for collection of the license
lot fee which will continue to be deposited in FE72488662-080502101010; and recommending
that the City Manager be authorized to execute a license agreement permitting General
Dynamics to use the Botanic Gardens parking lot, which is adjacent to the I-30 access
road east of Montgomery Street, for a period of three years, non-renewable, at a fee of
$18,988.00 per year. It was the consensus of the City Council that the recommendation
be adopted.
M&C C-12605 re
There was presented Mayor and Council Communication No. C-12605 from the City
contract with
Manager stating that the City Council approved Mayor and Council Communication No.
Texas Department
G-8641 on May 29, 1990, to implement the Texas Medicaid Assistance Program at the
of Human Services
Maternal/Child Health Clinics of the Public Health Department; that implementation of
to participate
this Medicaid Program includes the Maternity Clinic Services Program which offers
in a clinic -based
antepartum and postpartum care to eligible clients and Early and Periodic Screening
program for Texas
Diagnosis and Treatment Program which offers Medicaid screening for children; that this
Department of
contract with TDHS would enable a maximum of three Income Assistance Medicaid workers
Human Services
to be based at City public health clinics; that the primary duties of a TDHS-assigned
Income Assistance/Medicaid worker will be to determine patients' eligibility for
Medicaid income assistance and assist with coordination of patient referrals to other
TDHS services and to community social services; that the contract would require the
City of Fort Worth Contractor to pay TDHS, the single state agency responsible for
administering the Medicaid Assistance Program, 50% of actual cost for salary, fringe,
and travel for a maximum of three staff positions plus a maximum monthly administrative
cost of $220.00 for each TDHS staff person hired; that the remaining 50% salary and
fringe cost matched by TDHS will be regarded as inkind contribution for the assistance
workers; that the actual cost will be determined by the tenure and past merit raises of
the person(s) hired; stating that sufficient funds are available in General Fund GG01,
Center No. 0501520, Account No. 539120; and recommending that the City Manager be
authorized to execute a contract with the Texas Department of Human Services to
participate in a clinic -based program for Texas Department of Human Services staff and
expend a maximum amount of $56,000.00 pursuant to this contract in FY 90-91 using funds
available in General Fund GG01, Center No. 0501520, Medicaid Program, Account No.
539120. It was the consensus of the City Council that the recommendations be adopted.
M&C C-12606 re
There was presented Mayor and Council Communication No. C-12606 from the City
amendment to M&C
Manager stating that the City Council authorized the City Manager to enter into
C-12533 in order
contracts with the Texas Department of Commerce for implementation of the Job Training
to increase the
Partnership Act for Title IIA and Title III for the period July 1, 1990, to June 30,
limit of classroom
1991; that the City Council authorized services to be procured on a "buy -in" or
training expendi -
"as -needed" basis; that, because of increased demand for classroom training as a result
tures funded under
of layoffs by General Dynamics, it is necessary to amend amounts previously authorized
JTPA Titles IIA
on by Mayor and Council Communication C-12533 for institutions; stating that funds are
and III
available in Grant Fund GR76, Center No. 008405524010, Account No. 531180; and
recommending that the City Manager be authorized to amend Mayor and Council
Communication No. C-12533 issued October 2, 1990, in order to increase the limit of
classroom training expenditures funded under JTPA Titles IIA and III during the 1990
program year for Texas Aero Tech, American Trade Institute, ITT Technical Institute,
Bryan Institute, DeVry Institute of Technology, National Education Center, Arlington
Court Reporting College, Texas Wesleyan University, and Love Aviation Training Center.
It was the consensus of the City Council that the recommendation be adopted.
M&C C-12607 re
There was presented Mayor and Council Communication No. C-12607 from the City
letter of agreement
Manager stating that the City of Fort Worth is continuing to expand its geoprocessing
with Lone Star
data base in support of infrastructure management; that the City Manager was authorized
Gas
in April of 1987 to enter into a public partnership agreement between the City and TAD
which allowed for data exchange; that the City again has an opportunity to expand its
geoprocessing data base by entering into an agreement with Lone Star Gas for data
exchange; that the exchange would primarily consist of 1) the City giving base map data
to Lone Star Gas in computer form, 2) all gas lines along with future updates provided
by Lone Star Gas and delivered to the City of Fort Worth in computer form, 3) and
additional compensation to the City of Fort Worth as a part of the exchange; that the
revenue received from Lone Star Gas will be used by Information Systems and Services to
improve the City mapping system capabilities to include upgrading an existing position;
and recommending that the City Council authorize the City Manager to:
1. Enter into a letter of agreement between the City of Fort Worth and Lone
Star Gas which allows for data exchange in computer form;
2. Accept payment from Lone Star Gas for hardware, software and services
used to provide a current copy of computerized Tarrant County base maps
not to exceed $38,000.00 for Year 1, $42,000.00 for Year 2, $42,000.00
for Year 3, and $9,000.00 per year thereafter; providing for a 90 -day
termination by either party; and
3. Adopt the attached supplemental appropriations ordinance increasing
revenues by $38,000.00 in the General Fund GG01, Account No. 481306,
Miscellaneous Revenues, Center No. 0041000, Information Systems and
Minutes of City Council Q-3 Page 385
3SG
TUESDAY, NOVEMBER 13, 1990
M&C C-12607 cont. Services, and increasing appropriations by $38,000.00 in the General Fund
re letter of GG01, Account No. 511010, Center No. 0041000, Information Systems and
agreement with Services, from the increased revenues.
Lone Star Gas
M&C C12607 adopted1lit was the consensus of the City Council that the recommendations be adopted.
Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
Ordinance adopted. The motion was seconded by Council Member Zapata. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No.II ORDINANCE NO. 10725
10725
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE GENERAL FUND
GGO1, ACCOUNT 481306, MISCELLANEOUS REVENUE, CENTER 0041000,
INFORMATION SYSTEMS AND SERVICES OF THE THE CITY OF FORT WORTH FOR
FISCAL YEAR 1990-91 BY $38,000.00 IN PAYMENT BY LONE STAR GAS
COMPANY FOR DATA EXCHANGE AND APPROPRIATING SAID AMOUNT TO THE
GENERAL FUND, GG01, ACCOUNT 511010, CENTER 0041000, INFORMATION
SYSTEMS AND SERVICES FOR THE PURPOSE OF FUNDING STAFF POSITION;
PROVIDING FOR A SEVERABILITY CLAUSE, MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES
IN CONFLICT HEREWITH;PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 5.
M&C FP -2747 re There was presented Mayor and Council Communication No. FP -2747 from the City
contract with Manager stating that Sanitary Sewer M-211 Replacement and Rehabilitation has been
Circle C. Constru completed in accordance with plans and specifications under Contract No. 17688 awarded
ction Company for to Circle C Construction Company on January 16, 1990; and recommending that the City
Sanitary Sewer Council accept as complete the contract with Circle C Construction Company for Sanitary
M-211 Replacement Sewer M-211 Replacement and Rehabilitation; approve Change Order No. 1 in the amount of
and Rehabilitation $8,449.31; and authorize final payment in the amount of $10,065.18 to Circle C
Construction Company. It was the consensus of the City Council that the
recommendations be adopted.
M&C FP -2748 re There was presented Mayor and Council Communication No. FP -2748 from the City
contract to Tri- Manager stating that the Water Main Replacement in Sixth Avenue has been completed in
Tech Construction, accordance with plans and specifications under Contract 17977 awarded to Tri -Tech
Inc. for Water Construction, Inc, on July 12, 1990; and recommending that the City Council accept as
Main Replacement complete Water Main Replacement in Sixth Avenue and authorize final payment in the
inSixth Avenue amount of $15,748.74 to Tri -Tech Construction, Inc., with funds available in Street
Improvement Fund GS67, Account No. 205078, Center No. 000670171420, and Contract
Encumbrance No. 17977, Account No. 541200, Center No. 060670171420. It was the
consensus of the City Council that the recommendations be adopted.
M&C FP -2749 re There was presented Mayor and Council Communication No. FP -2749 from the City
contract to Larry Manager stating that Water Line Replacement in Weiler Boulevard from Meadowbrook Drive
H. Jackson Con- to Norma Street has been completed in accordance with plans and specifications awarded
struction, Inc.
for Water Line Re
placement in Weiler
Blvd. from Meadow
brook Drive to
Norma Street
Minutes of City Council Q-3 Page 386
This ordinance shall take effect and be in full force and effect from
and after the date of its passage, and it is so ordained.
M&C C-12608 re
There was presented Mayor and Council Communication No. C-12608 from the City
amendment with
Manager stating that the City Council authorized a lease of property at Fort Worth
Pa6e Avjet Corpor
Meacham Airport to Page Avjet Corporation on February 27, 1990, for the purpose of
ation for Ground
allowing that firm to build an aircraft maintenance hangar on site; that the lease,
Lease at Fort
City Secretary Contract No. 17700, contemplates that the maintenance facility project
Worth Meacham Air
will be developed in three phases; that the premises leased under the contract is for
port
the first phase, and the lease contains a contract option for Page Avjet to lease
adjacent property for Phases II and III; that, during the process of developing the
site plan, after execution of the contract, the parties decided it would be mutually
beneficial to locate the first hangar on one of the option sites rather than on the
site described in the contract as Phase I site; and recommending that the City Council
authorize the City Manager to execute an amendment to City Secretary Contract No.
17700, with Page Avjet Corporation. It was the consensus of the City Council that the
recommendation be adopted.
M&C FP -2747 re There was presented Mayor and Council Communication No. FP -2747 from the City
contract with Manager stating that Sanitary Sewer M-211 Replacement and Rehabilitation has been
Circle C. Constru completed in accordance with plans and specifications under Contract No. 17688 awarded
ction Company for to Circle C Construction Company on January 16, 1990; and recommending that the City
Sanitary Sewer Council accept as complete the contract with Circle C Construction Company for Sanitary
M-211 Replacement Sewer M-211 Replacement and Rehabilitation; approve Change Order No. 1 in the amount of
and Rehabilitation $8,449.31; and authorize final payment in the amount of $10,065.18 to Circle C
Construction Company. It was the consensus of the City Council that the
recommendations be adopted.
M&C FP -2748 re There was presented Mayor and Council Communication No. FP -2748 from the City
contract to Tri- Manager stating that the Water Main Replacement in Sixth Avenue has been completed in
Tech Construction, accordance with plans and specifications under Contract 17977 awarded to Tri -Tech
Inc. for Water Construction, Inc, on July 12, 1990; and recommending that the City Council accept as
Main Replacement complete Water Main Replacement in Sixth Avenue and authorize final payment in the
inSixth Avenue amount of $15,748.74 to Tri -Tech Construction, Inc., with funds available in Street
Improvement Fund GS67, Account No. 205078, Center No. 000670171420, and Contract
Encumbrance No. 17977, Account No. 541200, Center No. 060670171420. It was the
consensus of the City Council that the recommendations be adopted.
M&C FP -2749 re There was presented Mayor and Council Communication No. FP -2749 from the City
contract to Larry Manager stating that Water Line Replacement in Weiler Boulevard from Meadowbrook Drive
H. Jackson Con- to Norma Street has been completed in accordance with plans and specifications awarded
struction, Inc.
for Water Line Re
placement in Weiler
Blvd. from Meadow
brook Drive to
Norma Street
Minutes of City Council Q-3 Page 386
S7
TUESDAY, NOVEMBER 13, 1990
M&C CP -2749 cont.
re contract to under Contract 17855 to Larry H. Jackson Construction, Inc., on May 8, 1990; and
Larry H. Jackson recommending that the City Council accept as complete the contract with Larry H.
Construction, Inc. Jackson Construction, Inc., for Water Line Replacement in Weiler Boulevard from
for water line re- Meadowbrook Drive to Norma Street and authorize final payment in the amount of
placement $14,797.04 to Larry H. Jackson Construction, Inc., with funds available in Water
Capital Improvement Fund GS67, Retainage Account No. 205083, Center No. 000670171460;
Contract Encumbrance No. 17855, Center No. 060670171460; Sewer Capital Improvement Fund
PS58, Retainage Account No. 205022, Center No. 000580171030, and Contract Encumbrance
No. 17855, Account No. 541200, Center No. 070580171030. It was the consensus of the
City Council that the recommendations be adopted.
It appearing to the City Council that Resolution No. 1680 was adopted by the City
Council of the City of Fort Worth, Texas, on October 23, 1990, setting today as the
date for hearing in connection with recommended changes and amendments to Zoning
Ordinance No. 3011, and the due notice of the hearing has been given by publication in
the Fort Worth Star -Telegram, the official newspaper of the City of Fort Worth, Mayor
Bolen asked if there was anyone present desiring to be heard.
There being no one else present desiring to be heard in connection with the
recommended changes and amendments to Zoning Ordinance No. 3011, Mayor Pro tempore
Gilley made a motion, seconded by Council Member Zapata, that the hearing be closed and
that the recommended changes in zoning, be approved, as follows:
Z-90-113II Z-90-113 LONGVIEW BANK & TRUST COMPANY by Jim Austin
5809 East Lancaster Avenue
From "E" Commercial to "F -R" Restricted Commercial
Z -90-115Z-90-115 Z-90-115 KENNETH MERREL HOPKINS by H. Dennis Hopkins
2800-2812 Prairie Avenue
From "E" and "F" Commercial to "I" Light Industrial
Z-90-116 Z-90-116 ARCO PIPELINE COMPANY by Carter & Burgess, Inc.
Northwest corner of Highway 157 and C. R.I. & G.R.R.
From "AG" Agricultural to "K" Heavy Industrial
Z -90-117Z-90-117 Z-90-117 THE PEROT GROUP by H. Dennis Hopkins
Southeast corner of I.H. 35W and Keller -Haslet Road
From "AG" Agricultural to "G" Commercial
Z -90-119Z-90-119 Z-90-119 ANN & PETER STAHL by Linda Sepulvado
908 Dorothy Lane
From "B" Two -Family to "B/HC" Two-Family/Historic and "Cultural
Subdistrict
Council Member Chappell requested permission of the City Council to abstain from
voting on Zoning Docket No. Z-90-120 involving Fort Worth Independent School District.
Council Member Zapata made a motion, seconded by Council Member Garrison, that
Council Member Chappell be permitted to abstain from voting on Zoning Docket
No. Z-90-120. When the motion was put to a vote by the Mayor, it prevailed
unanimously.
Z-90-120 approved Mayor Pro tempore Gilley made a motion, seconded by Council Member Zapata, that
the application of North Hi Mount Elementary School/Fort Worth Independent School
District for a change in zoning of property located at 3801 West Seventh Street from
"B" Two -Family and "C" Multi -Family to "B/HC" Two-Family/Historic and Cultural
Subdistrict and "C/HC" Multi-Family/Historic and Cultural Subdistrict, Zoning Docket
No. Z-90-120 be approved. When the motion was put to a vote by the Mayor, it prevailed
by the following votes:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Meadows, and Webber
NOES: None
ABSENT: None
NOT VOTING: Council Member Chappell
Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
Introduced a n adopted. The motion was seconded by Council Member Zapata. The motion, carrying with
Ordinance it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Meadows, and Webber
Minutes of City Council Q-3 Page 387
M,
TUESDAY, NOVEMBER 13, 1990
NOES: None
ABSENT: None
NOT VOTING: Council Member Chappell (Zoning Docket No. Z-90-120 only)
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10726
10726 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 Two Thousand
Dollars ($2,000.00) for each offense. Each day that a violation is permitted
to exist shall constitute a separate offense.
Z-90-114 denial Mayor Pro tempore Gilley made a motion, seconded by Council Member McCray, that
the recommendation of the City Zoning Commission for the denial of the application of
Ricky Lane Reed for a change in zoning of property located at 4201 Miller Avenue from
"E" Commercial and "B" Two -Family to "F -R" Restricted Commercial, Zoning Docket
No. Z-90-114, be upheld. When the motion was put to a vote by the Mayor, it prevailed
unanimously.
Z-90-121 bar It appearing to the City Council that on October 16, 1990, the City Council
zoning continued the Special City Council Zoning Hearing on a proposed Zoning Ordinance text
amendment amending Section 17, Nonconforming Use Regulations, and amending Section 20 -
Board of Adjustment, by providing the Board of Adjustment the power to terminate and
amortize Nonconforming Uses, Zoning Docket No. Z-90-121, and a proposed Zoning
Ordinance text amendment adding Section 18, Subsection E, regulating the location of
bars in "F" and "G" Commercial Districts, requiring the termination of certain legal
Nonconforming Uses, allowing the Zoning Board of Adjustment to grant special exceptions
for certain bars in "F" and "G" Commercial Districts, and permitting the Zoning Board
of Adjustment to extend the period for termination of certain legal Nonconforming Uses,
by revising Section 20 of Ordinance No. 3011 to permit the Zoning Board of Adjustment
to grant special exceptions for certain bars in "F" and "G" Commercial Districts,
Zoning Docket No. Z-90-112, from day to day and from time to time, and specially to the
meeting of November 30, 1990, to give every interested person or citizen opportunity to
'be heard, Mayor Bolen asked if there was anyone present desiring to be heard.
Mayor Bolen read Mayor Bolen read into the record correspondence, from the Rosemont Neighborhood
a correspondence Association, as follows:
from the Rose-
mont Neighbor-
hood Association November 10, 1990
Mayor Bob Bolen
City Council Members
1000 Throckmorton
Fort Worth, TX 76102
Mayor Bolen and Council Members
We understand that you will be addressing the "Bar Ordinance" on Tuesday,
November 13, 1990. This is to inform the Council that our position on this
issue has not changed and we will be looking forward to you taking the action
needed to rectify our problem.
Minutes of City Council Q-3 Page 388
389
TUESDAY, NOVEMBER 13, 1990
Cont. correspondenc. We would like for this letter to be read into the official record at your
read from the November 13 meeting.
Rosemont Neighbor-
hood Association
Thank You,
/s/Robert Snoke
Robert Snoke
Robert Snoke and Rosemont
Neighborhood Association, Inc.
Board of Directors
Z-90-112 was re-
Council Member Chappell made
a motion, seconded by Council Member
Granger, that
ferred back to the
Zoning Ordinance text amendment,
amending Ordinance No. 3011, as amended, the
Nonconforming Use
Comprehensive Zoning Ordinance
of the City of Fort Worth, Texas,
codified as
Committee
Appendix "A" of the Code of the City
of Fort Worth (1986) as amended,
by amending
Section 17, Non -Conforming Use
Regulations; by amending Section 20
- Board of
420 Missouri Avenue, appeared before the City Council and
Adjustment by providing the Board of
Adjustment the power to terminate
and amortize
the bar ordinance.
Nonconforming Uses, Zoning Docket
No. Z-90-121, be referred back to the
Nonconforming
Use Committee, formerly known as the
Bar Zoning Committee.
Mr. Joe Bi lardi Mr. Joe Bil ardi, Director of the Development Department, appeared before the City
re Z-90-121 and Council and explained the differences between Zoning Docket No. Z-90-121 and Zoning
Z-90-112 Docket No. Z-90-112 and presented the City Council with an alternative Nonconforming
Use Ordinance.
Council Member Garrison requested that the Bar Committee be expanded to include
the entire City Council.
City Attorney Adki City Attorney Adkins advised the City Council that the hearing involving Zoning
re Z-90-121 Ordinance text amendment, Z-90-121, will need to be readvertised unless the City
Council sets a meeting time and place at this hearing.
Mr. Terry Thompson Mr. Terry Thompson, 725 Woodland, appeared before the City Council and encouraged
re Z-90-321 the City Council to continue its work on the Bar Ordinance and questioned whether or
not the approval of the ordinance would in any way prohibit a referendum election being
held in order to make Fort Worth a dry area.
Mrs. Juanita Mrs. Juanita Salinas, 4109 South Henderson, appeared before the City Council and
Salinas re expressed opposition to the bar ordinance.
Z-90-121
Mr. Dick E. Salina Mr. Dick E. Salinas, 421 East Mason Street, appeared before the City Council and
re Z-90-323 I expressed opposition to the bar ordinance.
Mr.
Joe Bi lardi
Mr. Joe Bi lardi ,
Director of the Development Department, appeared before the City
re
fee to allow
Council and advised the
City Council that the application fee to allow the Zoning Board
the
Zoning Board
of Adjustment to grant
special exceptions for certain bars in "F" and "G" Commercial
of
Adjustment
Districts is $350.00.
Mr.
Don Stanley re
Mr. Don Stanley,
420 Missouri Avenue, appeared before the City Council and
Z-90-121
expressed opposition to
the bar ordinance.
Mr. Billy Ray Hi i l Mr. Billy Ray Hill, 704 South Jennings Avenue, appeared before the City Council
re Z-90-121 and expressed opposition to the bar ordinance.
Ms. Cathy Swan re Ms. Cathy Swan, 809 Eastwood Village II, appeared before the City Council and
Z-90-121 expressed opposition to the bar ordinance.
Mr. Ronald Blanken Mr. Ronald Blankenship, Post Office Box 1003, appeared before the City Council and
ship re Z-90-121 expressed opposition to the bar ordinance.
Mr. Jimmy Boyd re Mr. Jimmy Boyd, representing the Food and Beverage Association of Texas, appeared
Z-90-121 before the City Council and expressed opposition to the bar ordinance and proposed that
a Business Standards Committee, as well as a Complaint Committee, be created.
Mr. John Trice re Mr. John Trice, 7525 Lorie Drive, representing the Carroll Oaks Neighborhood
Z-90-121 Association, appeared before the City Council and requested that the City Council give
favorable consideration to Zoning Docket Nos. Z-90-121 and Z-90-112.
Ms. Anne Smith re Ms. Anne Smith, representing the League of Neighborhoods, appeared before the City
Z-90-121 Council and expressed support to the Legal Nonconforming Ordinance with the exception
of the 500 feet distance between a church, public or private school, public park or
residential zoning and advised the City Council that the League of Neighborhoods will
be willing to assist the City Council in the fine tuning of this ordinance if referred
back to the Bar Zoning Committee.
Ms. Anne Smith re Ms. Anne Smith, representing the League of Neighborhoods, appeared before the City
Z-90-121 Council and expressed support to the Legal Nonconforming Ordinance with the exception
of the 500 feet distance between a church, public or private school, public park or
residential zoning and advised the City Council that the League of Neighborhoods will
Minutes of City Council Q-3 Page 389
TUESDAY, NOVEMBER 13, 1990
Ms. Anne Smith be willing to assist the City Council in the fine tuning of this ordinance if referred
cont. re back to the Bar Zoning Committee.
Z-90-121
Mr. Daniel Cetina, 4200 South Freeway, Suite 100, representing the Hemphill
Mr. Daniel Cetina Corridor Task Force, appeared before the City Council and expressed support for the bar
re Z-90-121 ordinance.
Ms. Nancy Wells Ms. Nancy Wells, 500 Queensway Road, appeared before the City Council and
re Z-90-121 expressed opposition to the bar ordinance.
Mr. Craig Campbell Mr. Craig Campbell, 7703 Highway 80 West, appeared before the City Council and
re Z-90-121 expressed opposition to the bar ordinance, and requested that the City Council look
within the permitting processes of the City of Fort Worth to determine what should
actually be recommended rather than the proposed bar ordinance.
When the motion that Zoning Ordinance text amendment, amending Ordinance No. 3011,
as amended, the Comprehensive Zoning Ordinance of the City of Fort Worth, Texas,
codified as Appendix "A" of the Code of the City of Fort Worth (1986) as amended, by
amending Section 17, Non -Conforming Use Regulations; by amending Section 20 - Board of
Adjustment by providing the Board of Adjustment the power to terminate and amortize
Nonconforming Uses, Zoning Docket No. Z-90-121, be referred back to the Nonconforming
Use Committee, formerly known as the Bar Zoning Committee, was put to a vote by the
Mayor, it prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Garrison,
Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: Council Member Zapata
Council Member Zapata assumed his place at the Council table at this time.
Council Member Chappell made a motion, seconded by Council Member Granger, that
Zoning Docket No. Z-90-112 amending Section 18, Subsection E, of the Comprehensive
Zoning Ordinance by adding provisions regulating the location of bars in "F" and "G"
Commercial Districts, requiring the termination of certain Legal Nonconforming Uses,
allowing the Zoning Board of Adjustment to grant special exceptions for certain bars in
"F" and "G" Commercial Districts, permitting the Zoning Board of Adjustment to extend
the period for termination of certain Legal Nonconforming Uses; revising Section 20 of
Ordinance No. 3011 by permitting the Zoning Board of Adjustment to grant special .
exceptions for certain bars in "F" and "G" Commercial Districts be approved, as amended
by adding a "one year" amortization in the period blank space on Page 3 of the
ordinance.
Mr. Dave Motheral Mr. Dave Motheral, representing the Historic Southside Business Association,
re Z-90-112 appeared before the City Council and expressed support for the passage of the Bar
Ordinance.
Ms. Mary Jo Ms. Mary Jo Thomas -Kimball, Chairman of the Board of Adjustment, appeared before
Thomas -Kimball re the City Council and expressed opposition to the referral of Zoning Docket No. Z-90-121
Z-90-121 back to the Bar Committee and advised Council that, in her opinion, there is no support
for that ordinance.
Mr.
Jack Tollett
Mr. Jack Tollett, 1144 Clara Street, appeared before the City Council in support
re
Z-90-112
of Zoning Docket No. Z-90-112 and requested that the portion of the ordinance be
changed in regard to permanent exemption of bars.
Mr.
Steve Swander
Mr. Steve Swander, 315 Main Street, appeared before the City Council and expressed
re
Z-90-112
opposition to the bar ordinance and advised the City Council that in his opinion the
ordinance is discriminatory as it is written; that the focus of the Committee should be
directed on problem bars.
Ms.
Sally Noble
Ms. Sally Noble, 5677 Westcreek, appeared before the City Council and expressed
re
Z-90-112
opposition to the bar ordinance.
Mr.
Daniel
Mr. Daniel Tartaglia, Assistant City Attorney, appeared before the City Council
T ar
taglia re
regarding the continuance of Ms. Noble's bar should the bar ordinance be enacted.
Z-90-112
Mr.
Jim Schell
Mr. Jim Schell, 901 Fort Worth Club, appeared before the City Council and
re
Z-90-112
requested that the City Council deal with problem bars and expressed opposition to
Zoning Docket No. Z-90-112, and advised City Council that, in his opinion, sections of
the Fort Worth City Code, if enforced, would solve certain problems at bars.
Mr. Russell Mr. Russell Lancaster, 8001 Meadowbrook Drive, appeared before the City Council
Lancaster re and requested that the City Council approve Zoning Docket No. Z-90-112.
Z-90-112 '
Mr. Bob Jones Mr. Bob Jones, 3116 Alta Mere, appeared before the City Council and expressed
re Z-90-112 opposition to Zoning Docket No. Z-90-112.
Minutes of City Council Q-3 Page 390
TUESDAY, NOVEMBER 13, 1990
When the motion, that Zoning Docket No. Z-90-112 amending Section 18,
Z-90-112 cont. When
E, of Zoning Ordinance by adding provisions regulating the location of bars
in "F" and "G" Commercial Districts, requiring the termination of certain Legal
Nonconforming Uses, allowing the Zoning Board of Adjustment to grant special exceptions
for certain bars in "F" and "G" commercial Districts, permitting the Zoning Board of
Adjustment to extend the period for termination of certain Legal Nonconforming Uses;
revising Section 20 of Ordinance No. 3011 by permitting the Zoning Board of Adjustment
to grant special exceptions for certain bars in "F" and "G" Commercial Districts, be
approved, as amended by adding a "one year" amortization period in the blank space on
Page 3 of the ordinance, was put to a vote by the Mayor, it prevailed by the following
vote:
AYES: Mayor Bolen; Council Members Garrison, Granger, Webber, and
Chappell
NOES: Mayor Pro tempore Gilley; Council Members Zapata, McCray, and
Meadows
ABSENT: None
Council Member Garrison made a motion, seconded by Council Member Chappell, that
the City Council reconsider Zoning Docket No. Z-90-112, Zoning Ordinance text amendment.
When the motion was put to a vote by the Mayor, it prevailed unanimously.
Council Member Chappell made a motion, seconded by Council Member Granger, that
the City Council overturn the recommendation of the Zoning Commission for denial of
Zoning Docket No. Z-90-112. When the motion was put to a vote by the Mayor, it
prevailed by the following vote:
AYES: Mayor Bolen; Council Members Garrison, Granger, Webber, and
Chappell
NOES: Mayor Pro tempore Gilley; Council Members Zapata, McCray, and
Meadows
ABSENT: None
Introduced an Council Member Chappell introduced an ordinance and made a motion that it be
Ordinance 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; Council Members Garrison, Granger, Webber, and
Chappell
NOES: Mayor Pro tempore Gilley; Council Members Zapata, McCray, and
Meadows
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No.II ORDINANCE NO. 10727
10721
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE
CITY OF FORT WORTH, BEING ORDINANCE NO. 3011, AS AMENDED, CODIFIED
AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, TEXAS
(1986), AS AMENDED, BY ADDING PROVISIONS TO SECTION 18,
SUBSECTION E, REGULATING THE LOCATION OF BARS IN "F" AND "G"
COMMERCIAL DISTRICTS, TO REQUIRE THE TERMINATION OF CERTAIN LEGAL
NONCONFORMING USES, TO ALLOW THE ZONING BOARD OF ADJUSTMENT TO
GRANT SPECIAL EXCEPTIONS FOR CERTAIN BARS IN "F" AND "G" COMMERCIAL
DISTRICTS, AND TO PERMIT THE ZONING BOARD OF ADJUSTMENT TO EXTEND
THE PERIOD FOR TERMINATION OF CERTAIN LEGAL NONCONFORMING USES; BY
REVISING SECTION 20 OF ORDINANCE NO. 3011 TO PERMIT THE ZONING
BOARD OF ADJUSTMENT TO GRANT SPECIAL EXCEPTIONS FOR CERTAIN BARS IN
"F" AND "G" DISTRICTS; 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 A PENALTY; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 5.
Any person, firm or corporation who violates, disobeys, omits, neglects
or refuses to comply with or who resists the enforcement of any of the
Minutes of City Council Q-3 Page 391
TUESDAY, NOVEMBER 13, 1990
Ordinance No. provisions of this ordinance shall be fined not more than Two Thousand
10727 cont. Dollars ($2,000.00) for each offense. Each day that a violation is permitted
to exist shall constitute a separate offense.
SECTION 10.
Council Member Zapata made a motion, seconded by Council Member Chappell, that
the recommendation, as contained in Mayor and Council Communication No. C-12606 be
approved. When the motion was put to a vote by the Mayor, it prevailed by the
following vote:
AYES: Mayor Pro tempore Gilley; Council Members Zapata, Garrison,
Granger, McCray, Meadows, Webber, and Chappell
NOES:
ABSENT:
NOT VOTING:
None
None
Mayor Bolen
Consent agenda Council Member Chappell made a motion, seconded by Council Member Zapata, that the
approved as amend- consent agenda, as amended, be approved. When the motion was put to a vote by the
ed Mayor, it prevailed unanimously.
M&C G-8903 re There was presented Mayor and Council Communication No. G-8903 from the City
Notice of Inten�- Manager stating that the City Council authorized publication of Notice of Intention to
tion to Issue Issue Certificates of Obligation on October 23, 1990, for the purpose of providing
Certificates of funds for an airport control tower; that notice has been published for two consecutive
Obligation weeks as provided by law, setting November 13, 1990, as the date for adoption of the
ordinance authorizing issuance of certificates; and recommending that the City Council
adopt an ordinance authorizing issuance of $6,000,000.00 in certificates of obligation;
engage the firm of McCall, Parkhurst and Horton to issue the legal opinion on the
certificates; and engage the firm of First Southwest Company to serve as financial
advisor in the transaction. On motion of Mayor Pro tempore Gilley, seconded by Council
Member Garrison, the recommendations were adopted.
Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
Ordinance adopted. The motion was seconded by Council Member Garrison. 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, Meadows, Webber, and Chappell
NOES: None
Minutes of City Council Q-3 Page 392
This ordinance shall be in full force and effect from and after its
passage and publication as required by law, and it is so ordained.
Mr. Wilson Nash
Mr. Wilson Nash and wife, Wanda Nash, appeared before the City Council regarding
and wife, Wanda
the alleged loss of three businesses; problems involving the Police Department; Code
Nash re alleged
Enforcement Department; and informed the City Council that his children have now been
problems incurred
taken into Child Protective Custody and stated that he will continue to fight for his
by h i s fami i y re-
family and advised the City Council of his intent to file a lawsuit against the City of
gardi ng the loss
Fort Worth.
of businesses,
problems with the
Council Member Chappell made a motion, seconded by Council Member Garrison, that
Police Department,
the City Council reconsider the consent agenda at this time. When the motion was put
and loss of child-
to a vote by the Mayor, it prevailed unanimously.
ren
Council Member
Mayor Bolen requested that Mayor and Council Communication No. C-12606 be
Chappell reconside
withdrawn from the consent agenda and advised the City Council that he is disqualified
consent agenda
from voting on Mayor and Council Communication No. C-12606 since he is on the Board of
Mayor Bolen re
Trustees at Texas Wesleyan College.
M&C C-12606 be
withdrawn from
There was presented Mayor and Council Communication No. C-12606 from the City
consent agenda
Manager stating that the City Council authorized the City Manager to enter into
M&C C-12606 re
contracts with the Texas Department of Commerce for implementation of the Job Training
contracts with the
partnership Act for Title IIA and Title III for the period July 1, 1990, to June 30,
Texas Department
1991; that the City Council authorized services to be procured on a "buy -in" or
of Commerce for
"as -needed" basis; that, because of increased demand for classroom training as a result
implementation of
of layoffs by General Dynamics, it is necessary to amend amounts previously authorized
the Job Training
on by Mayor and Council Communication C-12533 for institutions; stating that funds are
Partnership Act
available in Grant Fund GR76, Center No. 008405524010, Account No. 531180; and
for Title IIA and
recommending that the City Manager be authorized to amend Mayor and Council
Title i i i
Communication No. C-12533 issued October 2, 1990, in order to increase the limit of
classroom training expenditures funded under JTPA Titles IIA and III during the 1990
program year for Texas Aero Tech, American Trade Institute, ITT Technical Institute,
Bryan Institute, DeVry Institute of Technology, National Education Center, Arlington
Court Reporting College, Texas Wesleyan University, and Love Aviation Training Center.
Council Member Zapata made a motion, seconded by Council Member Chappell, that
the recommendation, as contained in Mayor and Council Communication No. C-12606 be
approved. When the motion was put to a vote by the Mayor, it prevailed by the
following vote:
AYES: Mayor Pro tempore Gilley; Council Members Zapata, Garrison,
Granger, McCray, Meadows, Webber, and Chappell
NOES:
ABSENT:
NOT VOTING:
None
None
Mayor Bolen
Consent agenda Council Member Chappell made a motion, seconded by Council Member Zapata, that the
approved as amend- consent agenda, as amended, be approved. When the motion was put to a vote by the
ed Mayor, it prevailed unanimously.
M&C G-8903 re There was presented Mayor and Council Communication No. G-8903 from the City
Notice of Inten�- Manager stating that the City Council authorized publication of Notice of Intention to
tion to Issue Issue Certificates of Obligation on October 23, 1990, for the purpose of providing
Certificates of funds for an airport control tower; that notice has been published for two consecutive
Obligation weeks as provided by law, setting November 13, 1990, as the date for adoption of the
ordinance authorizing issuance of certificates; and recommending that the City Council
adopt an ordinance authorizing issuance of $6,000,000.00 in certificates of obligation;
engage the firm of McCall, Parkhurst and Horton to issue the legal opinion on the
certificates; and engage the firm of First Southwest Company to serve as financial
advisor in the transaction. On motion of Mayor Pro tempore Gilley, seconded by Council
Member Garrison, the recommendations were adopted.
Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
Ordinance adopted. The motion was seconded by Council Member Garrison. 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, Meadows, Webber, and Chappell
NOES: None
Minutes of City Council Q-3 Page 392
TUESDAY, NOVEMBER 13, 1990
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10720
10720
BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS,
PROVIDING FOR THE ISSUANCE OF $6,000,000 CITY OF FORT WORTH, TEXAS
COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES
1990; PROVIDING FOR THE LEVY, ASSESSMENT AND COLLECTION OF A TAX
SUFFICIENT TO PAY THE INTEREST ON SAID CERTIFICATES OF OBLIGATION
AND TO CREATE A SINKING FUND FOR THE REDEMPTION THEREOF AT
MATURITY; PLEDGING CERTAIN SURPLUS REVENUES IN SUPPORT OF SAID
CERTIFICATES; PRESCRIBING THE FORM OF SAID CERTIFICATES OF
OBLIGATION; AND ORDAINING OTHER MATTERS RELATING TO THE SUBJECT
WHEREAS, on the 23rd day of October, 1990, the City Council of the City
of Fort Worth (the "City" or the "Issuer") passed an ordinance authorizing
and directing notice of its intention to issue the Certificates of Obligation
herein authorized to be issued, to be published in a newspaper as required by
Section 271.049 of the Texas Local Government Code; and
WHEREAS, said notice was published in the Fort WorthStar-Telegram, as
required by said Section 271.049 of the Texas Local Government Code on
October 26, 1990 and November 2, 1990; and
WHEREAS, no petition, signed by 5% of the qualified electors of said
City as permitted by said Section 271.049 of the Texas Local Government Code
protesting the issuance of such Certificates of Obligation, has been filed;
and
WHEREAS, said notice afforded the citizens of the City the opportunity
to comment on the issuance of the Certificates of Obligation herein
authorized to be issued and the facilities to be financed thereby, in
satisfaction of the requirements of section 147(f) of the Internal Revenue
Code 1986, as amended (the "IRS Code"); and
WHEREAS, prior to the consideration of the adoption of this Ordinance,
the City conducted a public hearing on the issuance of the Certificates of
Obligation herein authorized and the facilities to be financed thereby, in
accordance with the provisions of said section 147(f) of the IRS Code, at
which the opportunity to comment was provided to members of the general
public; and
WHEREAS, the Certificates of Obligation hereinafter authorized are to be
issued and delivered pursuant to Subchapter C of Chapter 271 of the Texas
Local Government Code;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
Section 1. AUTHORIZATION OF CERTIFICATES OF OBLIGA- TION. That said
City's Certificates of Obligation, to be designated the "City of Fort Worth,
Texas Certificates of Obligation, Series 1990", are hereby authorized to be
issued and delivered in the principal amount of $6,000,000 for the purpose of
providing part of the funds for paying contrac- tual obligations to be
incurred for the construction of an air traffic control tower at Alliance
Airport, and the payment of the engineering, legal and fiscal services
related thereto.
Section 2. DATE, DENOMINATIONS, NUMBERS AND MATURI- TIES. That said
Certificates of Obligation shall initially be issued, sold and delivered
hereunder as fully registered certificates, without interest coupons, dated
November 1, 1990, in the respective denominations and principal amounts
hereinafter stated, numbered consecutively from One (1) upward, payable to
the respective initial registered owners thereof, or to the registered
assignee or assignees of said certificates or any portion or portions thereof
(in each case, the "Registered Owner"), and said Certificates of Obligation
shall mature and be payable on March 1 in each of the years and in the
principal amounts as follows:
PRINCIPAL
YEAR AMOUNT
1993
$325,000
1994
325,000
1995
325,000
1996
325,000
Minutes of City Council Q-3 Page 393
304
TUESDAY, NOVEMBER 13, 1990
The term "Certificates" as used in this Ordinance shall mean and include
collectively the Certificates of Obligation initially issued and delivered
pursuant to this Ordinance and all substitute Certificates of Obligation
exchanged therefor, as well as all other substitute Certificates of
Obligation and replacement Certificates of Obligation issued pursuant hereto,
and the term "Certificate" shall mean any of the Certificates.
Section 3. REDEMPTION. (a) That the City reserves the right to redeem
the Certificates of Obligation maturing on and after March 1, 1997, in whole
or in part, on March 1, 1996, and on any date thereafter, for the principal
amount thereof plus accrued interest to the date fixed for redemption. The
years of maturity of the Certificates called for redemption at the option of
the City prior to stated maturity shall be selected by the City. The
Certificates or portions thereof redeemed within a maturity shall be selected
by lot or other method by the Paying Agent/Registrar (hereinafter defined).
(b) At least 30 days prior to the date fixed for any such redemption,
the City shall cause (i) a written notice of such redemption to be deposited
in the United States mail, postage prepaid, addressed to each registered
owner at his address shown on the Registration Books (hereinafter defined) of
the Paying Agent/Registrar and (ii) notice of such redemption to be published
one (1) time in a financial journal or publication of general circulation in
the United States of America carrying as a regular feature notices of
municipal bonds called for redemption; provided, however, that the failure to
send, mail, or receive such notice described in (i) above, or any defect
therein or in the sending or mailing thereof, shall not affect the validity
or effectiveness of the proceedings for the redemption of any Certificate,
and it is hereby specifically provided that the publication of notice
described in (ii) above shall be the only notice actually required in
connection with or as a prerequisite to the redemption of any Certificates.
By the date fixed for any such redemption, due provision shall be made with
the Paying Agent/Registrar for the payment of the required redemption price
for the Certificates or the portions thereof which are to be so redeemed,
plus accrued interest thereon to the date fixed for redemption. If the
notice of redemption is given, and if due provision for such payment is made,
all as provided above, the Certificates or the portions thereof which are to
be so redeemed thereby automatically shall be redeemed prior to their
scheduled maturities, and shall not bear interest after the date fixed for
redemption, and shall not be regarded as being outstanding except for the
right of the registered owner to receive the redemption price plus accrued
interest to the date fixed for redemption from the Paying Agent/Registrar out
of the funds provided for such payment.
Section 4. INTEREST. The Certificates scheduled to mature during the
years, respectively, set forth below shall bear interest at the following
rates per annum:
maturities
1997 325,000
Ordinance No.
1998 325,000
10720 cont.
1999 325,000
maturities
2000 325,000
maturities
2001 325,000
maturities
2002 325,000
maturities
2003 325,000
maturities
2004 325,000
maturities
2005 350,000
maturities
2006 350,000
maturities
2007 350,000
maturities
2008 350,000
maturities
2009 350,000
maturities
2010 350,000
The term "Certificates" as used in this Ordinance shall mean and include
collectively the Certificates of Obligation initially issued and delivered
pursuant to this Ordinance and all substitute Certificates of Obligation
exchanged therefor, as well as all other substitute Certificates of
Obligation and replacement Certificates of Obligation issued pursuant hereto,
and the term "Certificate" shall mean any of the Certificates.
Section 3. REDEMPTION. (a) That the City reserves the right to redeem
the Certificates of Obligation maturing on and after March 1, 1997, in whole
or in part, on March 1, 1996, and on any date thereafter, for the principal
amount thereof plus accrued interest to the date fixed for redemption. The
years of maturity of the Certificates called for redemption at the option of
the City prior to stated maturity shall be selected by the City. The
Certificates or portions thereof redeemed within a maturity shall be selected
by lot or other method by the Paying Agent/Registrar (hereinafter defined).
(b) At least 30 days prior to the date fixed for any such redemption,
the City shall cause (i) a written notice of such redemption to be deposited
in the United States mail, postage prepaid, addressed to each registered
owner at his address shown on the Registration Books (hereinafter defined) of
the Paying Agent/Registrar and (ii) notice of such redemption to be published
one (1) time in a financial journal or publication of general circulation in
the United States of America carrying as a regular feature notices of
municipal bonds called for redemption; provided, however, that the failure to
send, mail, or receive such notice described in (i) above, or any defect
therein or in the sending or mailing thereof, shall not affect the validity
or effectiveness of the proceedings for the redemption of any Certificate,
and it is hereby specifically provided that the publication of notice
described in (ii) above shall be the only notice actually required in
connection with or as a prerequisite to the redemption of any Certificates.
By the date fixed for any such redemption, due provision shall be made with
the Paying Agent/Registrar for the payment of the required redemption price
for the Certificates or the portions thereof which are to be so redeemed,
plus accrued interest thereon to the date fixed for redemption. If the
notice of redemption is given, and if due provision for such payment is made,
all as provided above, the Certificates or the portions thereof which are to
be so redeemed thereby automatically shall be redeemed prior to their
scheduled maturities, and shall not bear interest after the date fixed for
redemption, and shall not be regarded as being outstanding except for the
right of the registered owner to receive the redemption price plus accrued
interest to the date fixed for redemption from the Paying Agent/Registrar out
of the funds provided for such payment.
Section 4. INTEREST. The Certificates scheduled to mature during the
years, respectively, set forth below shall bear interest at the following
rates per annum:
maturities
1993, %
maturities
1994, %
maturities
1995, %
maturities
1996, %
maturities
1997, %
maturities
1998, %
maturities
1999, %
maturities
2000, %
maturities
2001, %
maturities
2002, %
maturities
2003, %
maturities
2004, %
maturities
2005, %
maturities
2006, %
maturities
2007, %
maturities
2008, %
maturities
2009, %
maturities
2010, %
Minutes of City Council Q-3 Page 394
TUESDAY, NOVEMBER 13, 1990
Ordinance No. Said interest shall be payable to the registered owner of any such
10720 cont. Certificate in the manner provided and on the dates stated in the FORM OF
CERTIFICATE set forth in this Ordinance.
Section 5. CHARACTERISTICS OF THE CERTIFICATES.
(a) The Issuer shall keep or cause to be kept at the principal corporate
trust office of Ameritrust Texas National Association, or such other bank,
trust company, financial institution, or other agency named in accordance
with the provisions of (g) below (the "Paying Agent/Registrar") books or
records for the registration and transfer of the Certificates (the
"Registration Books"), and the Issuer hereby appoints the Paying
Agent/Registrar as its registrar and transfer agent to keep such books or
records and make such transfers and registrations under such reasonable
regulations as the Issuer and Paying Agent/Registrar may prescribe; and the
Paying Agent/Registrar shall make such transfers and registrations as herein
provided.
It shall be the duty of the Paying Agent/Registrar to obtain from the
registered owner and record in the Registration Books the address of the
registered owner of each Certificate to which payments with respect to the
Certificates shall be mailed, as herein provided. The Issuer or its designee
shall have the right to inspect the Registration Books during regular
business hours of the Paying Agent/Registrar, but otherwise the Paying
Agent/Registrar shall keep the Registration Books confidential and, unless
otherwise required by law, shall not permit their inspection by any other
entity. Registration of each Certificate may be transferred in the
Registration Books only upon presentation and surrender thereof to the Paying
Agent/Registrar for transfer of registration and cancellation, together with
proper written instruments of assignment, in form and with guarantee of
signatures satisfactory to the Paying Agent/Registrar, evidencing the
assignment of such Certificate, or any portion thereof in any integral
multiple of $5,000, to the assignee or assignees thereof, and the right of
such assignee or assignees to have such Certificate or any such portion
thereof registered in the name of such assignee or assignees. Upon the
assignment and transfer of any Certificate or any portion thereof, a new
substitute certificate or certificates shall be issued in exchange therefor
in the manner herein provided.
(b) The entity in whose name any Certificate shall be registered in the
Registration Books at any time shall be treated as the absolute owner thereof
for all purposes of this Ordinance, whether or not such certificate shall be
overdue, and the City and the Paying Agent/Registrar shall not be affected by
any notice to the contrary; and payment of, or on account of, the principal
of, premium, if any, and interest on any such certificate shall be made only
to such registered owner. All such payments shall be valid and effectual to
satisfy and discharge the liability upon such certificate to the extent of
the sum or sums so paid.
(c) The City hereby further appoints the Paying Agent/Registrar to act
as the paying agent for paying the principal of and interest on the
Certificates, and to act as its agent to exchange or replace Certificates,
all as provided in this Ordinance. The Paying Agent/Registrar shall keep
proper records of all payments made by the City and the Paying
Agent/Registrar with respect to the Certificates, and of all exchanges
thereof, and all replacements thereof, as provided in this Ordinance.
(d) Each Certificate may be exchanged for fully registered certificates
in the manner set forth herein. Each Certificate issued and delivered
pursuant to this Ordinance, to the extent of the unredeemed principal amount
thereof, may, upon surrender thereof at the principal corporate trust office
of the Paying Agent/Registrar, together with a written request therefor duly
executed by the registered owner or the assignee or assignees thereof, or its
or their duly authorized attorneys or representatives, with guarantee of
signatures satisfactory to the Paying Agent/Registrar, at the option of the
registered owner or such assignee or assignees, as appropriate, be exchanged
for fully registered certificates, without interest coupons, in the form
prescribed in the FORM OF CERTIFICATE set forth in this Ordinance, in the
denomination of $5,000, or any integral multiple of $5,000 (subject to the
requirement hereinafter stated that each substitute certificate shall have a
single stated maturity date), as requested in writing by such registered
owner or such assignee or assignees, in an aggregate principal amount equal
to the unredeemed principal amount of any Certificate or Certificates so
surrendered, and payable to the appropriate registered owner, assignee, or
assignees, as the case may be. If a portion of any Certificate shall be
redeemed prior to its scheduled maturity as provided herein, a substitute
certificate or certificates having the same maturity date, bearing interest
at the same rate, in the denomination or denominations of any integral
multiple of $5,000 at the request of the registered owner, and in an
aggregate principal amount equal to the unredeemed portion thereof, will be
issued to the registered owner upon surrender thereof for cancellation. If
Minutes of City Council Q-3 Page 395
326
TUESDAY, NOVEMBER 13, 1990
rdinance No. any Certificate or portion thereof is assigned and transferred, each
0720 cont. certificate issued in exchange therefor shall have the same principal
maturity date and bear interest at the same rate as the certificate for which
it is being exchanged. Each substitute certificate shall bear a letter
and/or number to distinguish it from each other certificate. The Paying
Agent/Registrar shall exchange or replace Certificates as provided herein,
and each fully registered certificate or certificates delivered in exchange
for or replacement of any Certificate or portion thereof as permitted or
required by any provision of this Ordinance shall constitute one of the
Certificates for all purposes of this Ordinance, and may again be exchanged
or replaced. It is specifically provided, however, that any Certificate
delivered in exchange for or replacement of another Certificate prior to the
first scheduled interest payment date on the Certificates (as stated on the
face thereof) shall be dated the same date as such Certificate, but each
substitute certificate so delivered on or after such first scheduled interest
payment date shall be dated as of the interest payment date preceding the
date on which such substitute certificate is delivered, unless such
substitute certificate is delivered on an interest payment date, in which
case it shall be dated as of such date of delivery; provided, however, that
if at the time of delivery of any substitute certificate the interest on the
certificate for which it is being exchanged has not been paid, then such
substitute certificate shall be dated as of the date to which such interest
has been paid in full. On each substitute certificate issued in exchange for
or replacement of any Certificate or Certificates issued under this Ordinance
there shall be printed thereon a Paying Agent/Registrar's Authentication
Certificate, in the form hereinafter set forth in the FORM OF CERTIFICATE set
forth in this Ordinance. An authorized representative of the Paying
Agent/Registrar shall, before the delivery of any such substitute
certificate, date such substitute certificate in the manner set forth above,
and manually sign and date such Authentication Certificate, and no such
substitute certificate shall be deemed to be issued or outstanding unless
such Authentication Certificate is so executed. The Paying Agent/Registrar
promptly shall cancel all Certificates surrendered for exchange or
replacement. No additional ordinances, orders, or resolutions need be passed
or adopted by the City Council or any other body or person so as to
accomplish the foregoing exchange or replacement of any Certificates or
portion thereof, and the Paying Agent/Registrar shall provide for the
printing, execution, and delivery of the substitute certificates in the
manner prescribed herein, and said certificates shall be of type composition
printed on paper with lithographed or steel engraved borders of customary
weight and strength. Pursuant to Article 717k-6, V.A.T.C.S., and
particularly Section 6 thereof, the duty of exchange or replacement of any
Certificates as aforesaid is hereby imposed upon the Paying Agent/Registrar,
and, upon the execution of said Paying Agent/Registrar's Authentication
Certificate, the exchanged or replaced certificate shall be valid,
incontestable, and enforceable in the same manner and with the same effect as
the Certificates which originally were delivered pursuant to this Ordinance,
approved by the Attorney General, and registered by the Comptroller of Public
Accounts. Neither the City nor the Paying Agent/Registrar shall be required
(1) to issue, transfer, or exchange any certificate during a period beginning
at the opening of business 30 days before the day of the first mailing of a
notice of redemption of certificates and ending at the close of business on
the day of such mailing, or (2) to transfer or exchange any certificate so
selected for redemption in whole when such redemption is scheduled to occur
within 30 calendar days.
(e) All Certificates issued in exchange or replacement of any other
Certificate or portion thereof, (i) shall be issued in fully registered form,
without interest coupons, with the principal of and interest on such
Certificates to be payable only to the registered owners thereof, (ii) may be
redeemed prior to their scheduled maturities, (iii) may be transferred and
assigned, (iv) may be exchanged for other Certificates, (v) shall have the
characteristics, (vi) shall be signed and sealed, and (vii) the principal of
and interest on the Certificates shall be payable, all as provided, and in
the manner required or indicated, in the FORM OF CERTIFICATE set forth in
this Ordinance.
(f) The City shall pay the Paying Agent/Registrar's reasonable and
customary fees and charges for making transfers of Certificates, but the
registered owner of any Certificates requesting such transfer shall pay any
taxes or other governmental charges required to be paid with respect thereto.
The registered owner of any Certificates requesting any exchange shall pay
the Paying Agent/Registrar's reasonable and standard or customary fees and
charges for exchanging any such certificate or portion thereof, together with
any taxes or governmental charges required to be paid with respect thereto,
all as a condition precedent to the exercise of such privilege of exchange,
except, however, that in the case of the exchange of an assigned and
transferred certificate or certificates or any portion or portions thereof in
any integral multiple of $5,000, and in the case of the exchange of the
unredeemed portion of a Certificate which has been redeemed in part prior to
maturity, as provided in this Ordinance, such fees and charges will be paid
Minutes of City Council Q-3 Page 396
.TUESDAY, NOVEMBER 13, 1990
Ordinance Pio. by the City. In addition, the City hereby covenants with the registered
10720 cont. owners of the Certificates that it will (i) pay the reasonable and standard
or customary fees and charges of the Paying Agent/Registrar for its services
with respect to the payment of the principal of and interest on Certificates,
when due, and (ii) pay the fees and charges of the Paying Agent/Registrar for
services with respect to the transfer or registration of Certificates solely
to the extent above provided, and with respect to the exchange of
Certificates solely to the extent above provided.
(g) The City covenants with the registered owners of the Certificates
that at all times while the Certificates are outstanding the City will
provide a competent and legally qualified bank, trust company, financial
institution, or other agency to act as and perform the services of Paying
Agent/Registrar for the Certificates under this Ordinance, and that the
Paying Agent/Registrar will be one entity. The City reserves the right to,
and may, at its option, change the Paying Agent/Registrar upon not less than
60 days written notice to the Paying Agent/Registrar. In the event that the
entity at any time acting as Paying Agent/Registrar (or its successor by
merger, acquisition, or other method) should resign or otherwise cease to act
as such, the City covenants that promptly it will appoint a competent and
legally qualified national or state banking institution which shall be a
corporation organized and doing business under the laws of the United States
of America or of any state, authorized under such laws to exercise trust
powers, subject to supervision or examination by federal or state authority,
and whose qualifications substantially are similar to the previous Paying
Agent/Registrar to act as Paying Agent/Registrar under this Ordinance. Upon
any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar
promptly shall transfer and deliver the Registration Books (or a copy
thereof), along with all other pertinent books and records relating to the
Certificates, to the new Paying Agent/Registrar designated and appointed by
the City. Upon any change in the Paying Agent/Registrar, the City promptly
will cause a written notice thereof to be sent by the new Paying
Agent/Registrar to each registered owner of the Certificates, by United
States Mail, postage prepaid, which notice also shall give the address of the
new Paying Agent/Registrar. By accepting the position and performing as
such, each Paying Agent/Registrar shall be deemed to have agreed to the
provisions of this Ordinance, and a certified copy of this Ordinance shall be
delivered to each Paying Agent/Registrar.
Section 6. FORM OF CERTIFICATES. The form of the Certificates,
including the form of Paying Agent/Registrar's Authentication Certificate,
the form of Assignment and the form of Registration Certificate of the
Comptroller of Public Accounts of the State of Texas to be attached to the
Certificates initially issued and delivered pursuant to this Ordinance, shall
be, respectively, substantially as follows, with such appropriate variations,
omissions, or insertions as are permitted or required by this Ordinance.
FORM OF CERTIFICATE
NO. $
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF TARRANT AND DENTON
CITY OF FORT WORTH, TEXAS
COMBINATION TAX AND REVENUE
CERTIFICATE OF OBLIGATION
SERIES 1990
MATURITY DATE INTEREST RATE ORIGINAL ISSUE DATE CUSIP
% November 1, 1990
ON THE MATURITY DATE SPECIFIED ABOVE, THE CITY OF FORT WORTH, TEXAS (the
"Issuer"), being a political subdivision of the State of Texas, hereby
promi ses to pay to ,
or to the registered assignee hereof either being hereinafter called the
"registered owner") the principal amount of
DOLLARS and to pay interest thereon, from the Original Issue Date
specified above, to the Maturity Date specified above, or the date of
redemption prior to maturity, at the interest rate per annum specified above,
with said interest payable on March 1, 1992, and semiannually on each
September 1 and March 1 thereafter; except that if this Certificate is
required to be authenticated and the date of its authentication is later than
March 1, 1992, such interest is payable semiannually on each September 1 and
March 1 following such date.
THE TERMS AND PROVISIONS of this Certificate are continued on the
reverse side hereof and shall for all purposes have the same effect as though
fully set forth at this place.
IN THE EVENT OF NON-PAYMENT of interest on a scheduled payment date, and
for 30 days thereafter, a new record date for such interest payment (a
Minutes of City Council Q-3 Page 397
3cls
TUESDAY, NOVEMBER 13, 1990
Ordinance No. "Special Record Date") will be established by the Paying Agent/Registrar, if
10720 cont. and when funds for the payment of such interest have been received from the
Issuer. Notice of the Special Record Date and of the scheduled payment date
of the past due interest ("Special Payment Date", which shall be 15 days
after the Special Record Date) shall be sent at least five business days
prior to the Special Record Date by United States mail, first-class postage
prepaid, to the address of each registered owner of a Certificate appearing
on the Registration Books kept by the Paying Agent/Registrar at the close of
business on the last business day next preceding the date of mailing of such
notice.
IF THE DATE for the payment of the principal of or interest on this
Certificate shall be a Saturday, Sunday, a legal holiday, or a day on which
banking institutions in the city where the principal corporate trust office
of the Paying Agent/Registrar is located are authorized by law or executive
order to close, then the date for such payment shall be the next succeeding
day which is not such a Saturday, Sunday, legal holiday, or day on which
banking institutions are authorized to close; and payment on such date shall
have the same force and effect as if made on the original date payment was
due.
THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful
money of the United States of America, without exchange or collection charges.
The principal of this Certificate shall be paid to the registered owner
hereof upon presentation and surrender of this Certificate at maturity or
redemption prior to maturity at the principal corporate trust office of
Ameritrust Texas National Association, in Dallas, Texas, which is the "Paying
Agent/Registrar" for this Certificate. The payment of interest on this
Certificate shall be made by the Paying Agent/Registrar to the registered
owner hereof on each interest payment date by check, dated as of such
interest payment date, drawn by the Paying Agent/Registrar on, and payable
solely from, funds of the Issuer required by the ordinance authorizing the
issuance of this Certificate (the "Certificate Ordinance") to be on deposit
with the Paying Agent/Registrar for such purpose as hereinafter provided; and
such check shall be sent by the Paying Agent/Registrar by United States
mail, first-class postage prepaid, on each such interest payment date, to the
registered owner hereof, at its address as it appeared on the fifteenth
business day of the month preceding (the "Record Date") on the Registration
Books kept by the Paying Agent/Registrar, as hereinafter described. Any
accrued interest due at maturity or upon redemption of this Certificate prior
to maturity as provided herein shall be paid to the registered owner upon
presentation and surrender of this Certificate for redemption and payment at
the principal corporate trust office of the Paying Agent/Registrar. The
Issuer covenants with the registered owner of this Certificate that on or
before each principal payment date, interest payment date, and accrued
interest payment date for this Certificate it will make available to the
Paying Agent/Registrar, from the "Interest and Redemption Fund" created by
the Certificate Ordinance, the amounts required to provide for the payment,
in immediately available funds, of all principal of and interest on the
Certificates, when due.
*THIS CERTIFICATE is one of a Series of Certificates dated as of the
Original Issue Date stated above, authorized in accordance with the
Constitution and laws of the State of Texas in the principal amount of
$6,000,000, FOR THE PURPOSE OF PROVIDING PART OF THE FUNDS FOR PAYING
CONTRACTUAL OBLIGATIONS TO BE INCURRED FOR THE CONSTRUCTION OF AN AIR TRAFFIC
CONTROL TOWER AT ALLIANCE AIRPORT AND THE PAYMENT OF THE ENGINEERING, LEGAL
AND FISCAL SERVICES RELATED THERETO.
*ON MARCH 1, 1996, or on any date thereafter, the Certificates maturing
on and after March 1, 1997 are subject to optional redemption by the Issuer,
in whole or in part in principal amounts of $5,000 or any integral multiple
thereof, at the par value thereof plus accrued interest to the date fixed for
redemption. The years of maturity of the Certificates called for redemption
at the option of the Issuer prior to stated maturity shall be selected by the
Issuer. The Certificates or portions thereof redeemed within a maturity
shall be selected by lot or other method by the Paying Agent/Registrar.
*AT LEAST 30 days prior to the date fixed for any such redemption (a) a
written notice of such redemption shall be given to the registered owner of
each Certificate or a portion thereof being called for redemption by
depositing such notice in the United States mail, first-class postage
prepaid, addressed to each such registered owner at his address shown on the
Registration Books of the Paying Agent/Registrar and (b) notice of such
redemption shall be published one (1) time in a financial journal or
publication of general circulation in the United States of America carrying
as a regular feature notices of municipal bonds called for redemption;
provided, however, that the failure to send, mail, or receive such notice
described in (a) above, or any defect therein or in the sending or mailing
thereof, shall not affect the validity or effectiveness of the proceedings
for the redemption of any Certificate, and the Certificate Ordinance provides
Minutes of City Council Q-3 Page 398
3'?9
TUESDAY, NOVEMBER 13, 1990
Ordinance No. that the publication of notice as described in (b) above shall be the only
10720 cont. notice actually required in connection with or as a prerequisite to the
redemption of any Certificates. By the date fixed for any such redemption
due provision shall be made by the Issuer with the Paying Agent/Registrar for
the payment of the required redemption price for this Certificate or the
portion hereof which is to be so redeemed, plus accrued interest thereon to
the date fixed for redemption. If such notice of redemption is given, and if
due provision for such payment is made, all as provided above, this
Certificate, or the portion hereof which is to be so redeemed, thereby
automatically shall be redeemed prior to its scheduled maturity, and shall
not bear interest after the date fixed for its redemption, and shall not be
regarded as being outstanding except for the right of the registered owner to
receive the redemption price plus accrued interest to the date fixed for
redemption from the Paying Agent/Registrar out of the funds provided for such
payment. The Paying Agent/Registrar shall record in the Registration Books
all such redemptions of principal of this Certificate or any portion hereof.
If a portion of any Certificate shall be redeemed, a substitute Certificate
or Certificates having the same maturity date, bearing interest at the same
rate, in any denomination or denominations in any integral multiple of
$5,000, at the written request of the registered owner, and in aggregate
principal amount equal to the unredeemed portion thereof, will be issued to
the registered owner upon the surrender thereof for cancellation, at the
expense of the Issuer, all as provided in the Certificate Ordinance.
*ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered
certificates, without interest coupons, in the denomination of any integral
multiple of $5,000. As provided in the Certificate Ordinance, this
Certificate, or any unredeemed portion hereof, may, at the request of the
registered owner or the assignee or assignees hereof, be assigned,
transferred, and exchanged for a like aggregate principal amount of fully
registered certificates, without interest coupons, payable to the appropriate
registered owner, assignee, or assignees, as the case may be, having the same
maturity date, and bearing interest at the same rate, in any denomination or
denominations in any integral multiple of $5,000 as requested in writing by
the appropriate registered owner, assignee, or assignees, as the case may be,
upon surrender of this Certificate to the Paying Agent/Registrar for
cancellation, all in accordance with the form and procedures set forth in the
Certificate Ordinance. Among other requirements for such assignment and
transfer, this Certificate must be presented and surrendered to the Paying
Agent/Registrar, together with proper instruments of assignment, in form and
with guarantee of signatures satisfactory to the Paying Agent/Registrar,
evidencing assignment of this Certificate or any portion or portions hereof
in any integral multiple of $5,000 to the assignee or assignees in whose name
or names this Certificate or any such portion or portions hereof is or are to
be transferred and registered. The form of Assignment printed or endorsed on
this Certificate may be executed by the registered owner to evidence the
assignment hereof, but such method is not exclusive, and other instruments of
assignment satisfactory to the Paying Agent/Registrar may be used to evidence
the assignment of this Certificate or any portion or portions hereof from
time to time by the registered owner. The one requesting such exchange shall
pay the Paying Agent/Registrar's reasonable standard or customary fees and
charges for exchanging any Certificate or portion thereof. The foregoing
notwithstanding, in the case of the exchange of a portion of a Certificate
which has been redeemed prior to maturity, as provided herein, and in the
case of the exchange of an assigned and transferred Certificate or
Certificates or any portion or portions thereof, such fees and charges of the
Paying Agent/Registrar will be paid by the Issuer. In any circumstance, any
taxes or governmental charges required to be paid with respect thereto shall
be paid by the one requesting such assignment, transfer, or exchange as a
condition precedent to the exercise of such privilege. In any circumstance,
neither the Issuer nor the Paying Agent/Registrar shall be required (1) to
make any transfer or exchange during a period beginning at the opening of
business 30 days before the day of the first mailing of a notice of
redemption of certificates and ending at the close of business on the day of
such mailing, or (2) to transfer or exchange any Certificates so selected for
redemption when such redemption is scheduled to occur within 30 calendar
days.
*IN THE EVENT any Paying Agent/Registrar for the Certificates is changed
by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has
covenanted in the Certificate Ordinance that it promptly will appoint a
competent and legally qualified substitute therefor, and promptly will cause
written notice thereof to be mailed to the registered owners of the
Certificates.
*IT IS HEREBY certified, recited and covenanted that this Certificate
has been duly and validly authorized, is- sued, and delivered; that all acts,
conditions, and things required or proper to be performed, exist, and be done
precedent to or in the authorization, issuance, and delivery of this
Certificate have been performed, existed, and been done in accordance with
law; that this Certificate is a direct obligation of said Issuer, issued on
Minutes of City Council Q-3 Page 399
490
TUESDAY, NOVEMBER 13, 1990
Ordinance No. the full faith and credit thereof; and that annual ad valorem taxes
10720 cont. sufficient to provide for the payment of the interest on and principal of
this Certificate, as such interest comes due and such principal matures, have
been levied and ordered to be levied against all taxable property in said
Issuer, and have been pledged for such payment, within the limit prescribed
by law; and that surplus revenues remaining in the Issuer's Airport Fund,
after payment of all operation and maintenance expenses thereof, and all
other obligations now or hereafter payable therefrom, have been pledged as
additional security for the Certificates.
BY BECOMING the registered owner of this Certificate, the registered
owner thereby acknowledges all of the terms and provisions of the Certificate
Ordinance, agrees to be bound by such terms and provisions, acknowledges that
the Certificate Ordinance is duly recorded and available for inspection in
the official minutes and records of the Issuer, and agrees that the terms and
provisions of this Certificate and the Certificate Ordinance constitute a
con- tract between each registered owner hereof and the Issuer.
IN WITNESS WHEREOF, this Certificate has been signed with the manual or
facsimile signature of the Mayor of the City, attested by the manual or
facsimile signature of the City Secretary, and approved as to form and
legality with the manual or facsimile signature of the City Attorney, and the
official seal of the Issuer has been duly affixed to, or impressed, or placed
in facsimile, on this Certificate.
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
City Attorney
(SEAL)
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Certificate of Obligation has been
issued under the provisions of the Certificate Ordinance described on the
face of this Certificate of Obligation; and that this Certificate of
Obligation has been issued in exchange for or replacement of a certificate of
obligation, certificates of obligation, or a portion of a certificate of
obligation or certificates of obligation of an issue which originally was
approved by the Attorney General of the State of Texas and registered by the
Comptroller of Public Accounts of the State of Texas.
Dated
AMERITRUST TEXAS NATIONAL ASSOCIATION
Paying Agent/Registrar
By
Authorized Representative
FORM OF ASSIGNMENT:
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells,
assigns and transfers unto
Please insert Social Security or
Taxpayer Identification Number of Transferee)
Please print or typewrite name and address, including zip code of
Transferee)
the within Certificate of Obligation and all rights
thereunder, and hereby irrevocably constitutes and appoints
attorney to register the transfer of the within Certificate
of Obligation on books kept for registration thereof, with
full power of substitution in the premises.
Minutes of City Council Q-3 Page 400
Ordinance No.
10720 cont.
Dated:
Signature Guaranteed:
NOTICE: Signatures must
be guaranteed by a member
firm of the New York Stock
Exchange or a commercial
bank or trust company.
TUESDAY, NOVEMBER 13, 1990
NOTICE: The signature above
must correspond with the name
of the Registered Owner as it
appears upon the front of this
Certificate in every particu
lar, without alteration or en-
largement or any change
whatsoever.
**FORM OF COMPTROLLER'S CERTIFICATE ATTACHED TO
THE CERTIFICATES UPON INITIAL DELIVERY THEREOF
OFFICE OF COMPTROLLER
REGISTER NO.
STATE OF TEXAS
4�1
I hereby certify that there is on file and of record in my office a
certificate of the Attorney General of the State of Texas to the effect that
this Certificate has been examined by him as required by law, and that he
finds that it has been issued in conformity with the Constitution and laws of
the State of Texas, and that it is a valid and binding obligation of the City
of Fort Worth, Texas, payable in the manner provided by and in the ordinance
authorizing same, and said Certificate has this day been registered by me.
WITNESS MY HAND and seal of office at Austin, Texas this
Comptroller of Public Accounts of
(SEAL) the State of Texas
NOTE TO PRINTER:
*s to be on reverse side of certificate
** not to be on certificate
Section 7. DEFINITIONS. That the terms "Certificates" and
"Certificates of Obligation" shall mean the City of Fort Worth, Texas
Combination Tax and Revenue Certificates of Obligation, Series 1990
authorized to be issued and delivered by this Ordinance, and the term "Code"
shall mean the Internal Revenue Code of 1986, and any amendment thereto.
Section 8. INTEREST AND REDEMPTION FUND. That a special fund or
account, to be designated the "City of Fort Worth, Texas Interest and
Redemption Fund" is hereby created and shall be established and maintained by
the Issuer at its official depository. Said Interest and Redemption Fund
shall be kept separate and apart from all other funds and accounts of said
Issuer, and shall be used only for paying the interest on and principal of
said Certificates. All ad valorem taxes levied and collected for and on
account of said Certificates shall be deposited, as collected, to the credit
of said Interest and Redemption Fund. During each year while any of said
Certificates are outstanding and unpaid, the governing body of said Issuer
shall compute and ascertain the rate and amount of ad valorem tax, based on
the latest approved tax rolls of said Issuer, with full allowances being made
for tax delinquencies and the cost of tax collections, which will be
sufficient to raise and produce the money required to pay the interest on
said Certificates as such interest comes due, and to provide a sinking fund
to pay the principal of said Certificates as such principal matures, but
never less than 2% of the original amount of said Certificates as a sinking
fund each year. Said rate and amount of ad valorem tax is hereby ordered to
be levied against all taxable property in said Issuer for each year while any
of said Certificates are outstanding and unpaid, and said ad valorem tax
shall be assessed and collected each such year and deposited to the credit of
the aforesaid Interest and Redemption Fund. Said ad valorem taxes necessary
to pay the interest on and principal of said Certificates, as such interest
comes due and such principal matures, are hereby pledged for such pay- ment,
within the limit prescribed by law.
Section 9. REVENUES. That the Certificates of Obligation are
additionally secured by and shall be payable from and secured by the revenues
remaining in the Issuer's Airport Fund after payment of all maintenance and
operation expenses thereof, and all other obligations now or hereafter
payable therefrom, constituting "Surplus Revenues". The Issuer shall deposit
such Surplus Revenues to the credit of the Interest and Redemption Fund
created pursuant to Section 8, to the extent necessary, after deposits of ad
Minutes of City Council Q-3 Page 401
ti
TUESDAY, NOVEMBER 13, 1990
Ordinance No. valorem taxes have been made to the credit of the Interest and Redemption
10720 cont. Fund, to pay the principal and interest on the Certificates of Obligation.
Notwithstanding the requirements of Section 8, if Surplus Revenues are
actually on deposit or budgeted for deposit in the Interest and Sinking Fund
in advance of the time when ad valorem taxes are scheduled to be levied for
any year, then the amount of taxes which otherwise would have been required
to be levied pursuant to Section 8 may be reduced to the extent and by the
amount of the Surplus Revenues then on deposit in the Interest and Sinking
Fund or budgeted for deposit herein.
Section 10. TRANSFER. That the City shall do any and all things
necessary to accomplish the transfer of monies to the Interest and Redemption
Fund of this issue in ample time to pay such items of principal and interest.
Section 11. SECURITY FOR FUNDS. That the Interest and Redemption Fund
created by this Ordinance shall be secured in the manner and to the fullest
extent permitted or required by law for the security of public funds, and
such Fund shall be used only for the purposes and in the manner permitted or
required by this Ordinance.
Section 12. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED CERTIFICATES.
(a) Replacement Certificates. That in the event any outstanding
Certificate is damaged, mutilated, lost, stolen, or destroyed, the Paying
Agent/Registrar shall cause to be printed, executed, and delivered, a new
certificate of the same principal amount, maturity, and interest rate, as the
damaged, mutilated, lost, stolen, or destroyed Certificate, in replacement
for such Certificate in the manner hereinafter provided.
(b) Application for Replacement Certificates. That application for
replacement of damaged, mutilated, lost, stolen, or destroyed Certificates
shall be made by the registered owner thereof to the Paying Agent/Registrar.
In every case of loss, theft, or destruction of a Certificate, the registered
owner applying for a replacement certificate shall furnish to the City and to
the Paying Agent/Registrar such security or indemnity as may be required by
them to save each of them harmless from any loss or damage with respect
thereto. Also, in every case of loss, theft, or destruction of a
Certificate, the registered owner shall furnish to the City and to the Paying
Agent/Registrar evidence to their satisfaction of the loss, theft, or
destruction of such Certificate, as the case may be. In every case of damage
or mutilation of a Certificate, the registered owner shall surrender to the
Paying Agent/Reg- istrar for cancellation the Certificate so damaged or
mutilated.
(c) No Default Occurred. That notwithstanding the foregoing provisions
OT this Section, in the event any such Certificate shall have matured, and no
default has occurred which is then continuing in the payment of the principal
of, redemption premium, if any, or interest on the Certificate, the City may
authorize the payment of the same (without surrender thereof except in the
case of a damaged or mutilated Certificate) instead of issuing a replacement
certificate, provided security or indemnity is furnished as above provided in
this Section.
(d) Charge for Issuing Replacement Certificates. That prior to the
issuance of any replacement certificate, the Paying Agent/Registrar shall
charge the registered owner of such Certificate with all legal, printing, and
other expenses in connection therewith. Every replacement certificate issued
pursuant to the provisions of this Section by virtue of the fact that any
Certificate is lost, stolen, or destroyed shall constitute a contractual
obligation of the City whether or not the lost, stolen, or destroyed
Certificate shall be found at any time, or be enforceable by anyone, and
shall be entitled to all the benefits of this Ordinance equally and
proportionately with any and all other Certificates duly issued under this
Ordinance.
(e) Authority for Issuing Replacement Certificates. That in accordance
with Section 6 of Vernon's Ann. Tex. Civ. St. Art. 717k-6, this Section of
this Ordinance shall con- stitute authority for the issuance of any such
replacement certificate without necessity of further action by the City or
any other body or person, and the duty of the replacement of such
certificates is hereby authorized and imposed upon the Paying
Agent/Registrar, and the Paying Agent/Registrar shall authenticate and
deliver such Certificates in the form and manner and with the effect, as
provided in Section 5(a) of this Ordinance for Certificates issued in
conversion and exchange of other Certificates.
Section 13. COVENANTS WITH RESPECT TO EXCLUSION FROM GROSS INCOME OF
INTEREST ON THE CERTIFICATES. The City covenants to refrain from any action
which would adversely affect, and to take such action (including the
providing and enforcement of certain covenants in any document granting a
leasehold interest in, or contract for management of the facilities (the
"Project") financed with the proceeds of the Certificates) as is necessary to
Minutes of City Council Q-3 Page 402
4 (3111
TUESDAY, NOVEMBER 13, 1990
assure, the treatment of the Certificates as obligations described in section
Ordinance No. 103(a) of the Code, the interest on which is not includable in the "gross
10720 cont. income" of the owner thereof for purposes of federal income taxation (other
than the gross income of a "substantial user" of the Project or a "related
person" to such a "substantial user", within the meaning of the Code). In
particular, but not by way of limitation thereof, the City covenants as
follows:
(a) to take such action to assure that the Certificates are "exempt
facility bonds", as defined in section 142(a) of the Code, at least 95
percent of the proceeds of which are used to provide "airports" (within the
meaning of said section 142(a) of the Code) or property functionally related
and subordinate to such facilities;
(b) to ensure that at all times during the term of the Certificates
that the property provided with the proceeds thereof be treated as
governmentally owned within the meaning of section 142(b) of the Code;
( c ) to refrain from taking any action that would result in the
Certificates being "federally guaranteed" within the meaning of section
149(b) of the Code;
(d) to refrain from using any portion of the proceeds of the
Certificates, directly or indirectly, to acquire or to replace funds which
were used, directly or indirectly, to acquire investment property (as defined
in section 148(b)(2) of the Code) which produces a materially higher yield
over the term of the Certificates, other than investment property acquired
with
( 1 ) proceeds of the Certificates invested for a reasonable
temporary period or, until such proceeds are needed for the purpose for which
the Certificates are issued,
(2) proceeds of amounts invested in a bona fide debt service fund,
within the meaning of section 1.10313(b)(12) of the regulations promulgated
pursuant to the Code, and
(3) amounts deposited in any reasonably required reserve or
replacement fund to the extent such amounts do not exceed 10 percent of the
proceeds of the Certificates (and to the extent that at no time during
any bond year will the aggregate amount invested at such higher yield exceed
150 percent of debt service on the Certificates for such bond year);
(e) to otherwise restrict the investment of the proceeds of the
Certificates or amounts treated as proceeds of the Certificates, as may be
necessary, to satisfy the requirements of section 148 of the Code (relating
to arbitrage);
(f) to pay to the United States of America at least once during each
five-year period (beginning on the date of delivery of the Certificates) an
amount that is at least equal to 90 percent of the "Excess Earnings," within
the meaning of section 148(f) of the Code and to pay to the United States of
America, not later than 60 days after the Certificates have been paid in
full, 100 percent of the amount then required to be paid as a result of
Excess Earnings under section 148(f) of the Code;
(g) to maintain or cause to be maintained such records as will enable
compliance with the requirements of section 148 of the Code, and to retain or
cause to be retained such records for at least six years following the final
payment of principal of and interest on the Certificates;
(h) to use no more than two percent of the proceeds of the Certificates
for the payment of costs of issuance of the Certificates;
( i ) to use no portion of the proceeds of the Certificates to provide
any airplane, sky -box or other private luxury box, facility primarily used
for gambling or store the principal business of which is the sale of
alcoholic beverages for consumption off -premises; and
(j) to comply with the limitations imposed by section 147(c) of the
Code (relating to the limitation of the use of proceeds to acquire land) and
section 147(d) of the Code (relating to restrictions on the use of bond
proceeds to acquire existing buildings, structures or other property). It is
the understanding of the City that the covenants contained herein are
intended to assure compliance with the provisions of the Code, and any
regulations or rulings promulgated by the U.S. D partment of the Treasury
pursuant thereto, pertaining to obligations described in section 103(a) of
the Code. In the event that regulations or rulings applicable to the
Certificates are hereafter promulgated which modify or expand such provisions
of the Code, the City will not be required to comply with any covenant
contained herein to the extent that, in the opinion of bond counsel, such
Minutes of City Council Q-3 Page 403
4014
TUESDAY, NOVEMBER 13, 1990
Ordinance No. failure to comply will not adversely affect the excludability pursuant to
10720 cont. section 1O3(a) of the Code of interest on the Certificates from gross income
of the owners thereof for federal income tax purposes. In the event that
regulations or rulings are hereafter promulgated which impose additional
requirements, pertaining to obligations described in section 1O3(a) of the
Code, which are applicable to the Certificates, the City agrees to comply
with the additional requirements to the extent necessary, in the opinion of
bond counsel, to preserve the excludability pursuant to section 1O3(a) of the
Code of interest on the Certificates from the gross income of the owners
thereof for federal income tax purposes. In furtherance of the foregoing,
the Mayor, the City Manager and the Director of Finance of the City may
execute any certificates or other reports required by the Code and to make
such elections, on behalf of the City, which may be permitted by the Code as
are consistent with the purpose for the issuance of the Certificates.
In order to facilitate compliance with the above covenants (e), (f), and
(g), a "Rebate Fund" is hereby established by the City for the sole benefit
of the United States of America, and such Rebate Fund shall not be subject to
the claim of any other person, including without limitation the registered
owners of the Certificates. The Rebate Fund is established for the
additional purpose of compliance with section 148 of the Code.
Section 14. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES. That
the Mayor of the City is hereby authorized to have control of the
Certificates initially issued and delivered hereunder and all necessary
records and proceedings pertaining to the Certificates pending their delivery
and their investigation, examination, and approval by the Attorney General of
the State of Texas, and their registration by the Comptroller of Public
Accounts of the State of Texas. Upon registration of the Certificates said
Comptroller of Public Accounts (or a deputy designated in writing to act for
said Comptroller) shall manually sign the Comptroller's Registration
Certificate attached to such Certificates, and the seal of said Comptroller
shall be impressed, or placed in facsimile, on such Certificate.
Section 15. DTC REGISTRATION. The Certificates of Obligation
initially shall be issued and delivered in such manner that no physical
distribution of the Certificates of Obligation will be made to the public,
and The Depository Trust Company ("DTC"), New York, New York, initially will
act as depository for the Certificates of Obligation. DTC has represented
that it is a limited purpose trust company incorporated under the laws of the
State of New York, a member of the Federal Reserve System, a "clearing
corporation" within the meaning of the New York Uniform Commercial Code, and
a "clearing agency" registered under Section 17A of the Securities Exchange
Act of 1934, as amended, and the City accepts, but in no way verifies, such
representations. The Certificates of Obligation initially authorized by this
Ordinance shall be delivered to and registered in the name of CEDE & CO., the
nominee of DTC. It is expected that DTC will hold the Certificates of
Obligation on behalf of the Purchaser (as defined in Section 17 of this
Ordinance) and its participants. So long as each Certificate of Obligation
is registered in the name of CEDE & CO., the Paying Agent/Registrar shall
treat and deal with DTC the same in all respects as if it were the actual and
beneficial owner thereof. It is expected that DTC will maintain a book -entry
system which will identify ownership of the Certificates of Obligation in
integral amounts of $5,000, with transfers of ownership being effected on the
records of DTC and its participants pursuant to rules and regulations
established by them, and that the Certificates of Obligation initially
deposited with DTC shall be immobilized and not be further exchanged for
substitute Certificates of Obligation except as hereinafter provided. The
City is not responsible or liable for any functions of DTC, will not be
responsible for paying any fees or charges with respect to its services, will
not be responsible or liable for maintaining, supervising, or reviewing the
records of DTC or its participants, or protecting any interests or rights of
the beneficial owners of the Certificates of Obligation. It shall be the
duty of the DTC Participants, as defined in the Official Statement herein
approved, to make all arrangements with DTC to establish this book -entry
system, the beneficial ownership of the Certificates of Obligation, and the
method of paying the fees and charges of DTC. The City does not represent,
nor does it in any way covenant that the initial book -entry system
established with DTC will be maintained in the future. Notwithstanding the
initial establishment of the foregoing book -entry system with DTC, if for any
reason any of the originally delivered Certificates of Obligation is duly
filed with the Paying Agent/Registrar with proper request for transfer and
substitution, as provided for in this Ordinance, substitute Certificates of
Obligation will be duly delivered as provided in this Ordinance, and there
will be no assurance or representation that any book -entry system will be
maintained for such Certificates of Obligation.
Section 16. PREAMBLE. That the findings set forth in the preamble to
this Ordinance are hereby incorporated into the body of this Ordinance and
made a part hereof for all purposes.
Minutes of City Council Q-3 Page 404
� rlS
TUESDAY, NOVEMBER 13, 1990
Ordinance No. Section 17. SALE. The Certificates of Obligation are hereby sold and
10720 cont. shall be delivered to (the "Purchaser"), for a price
of par and accrued interest thereon to date of delivery. The Official Notice
of Sale, Official Bid Form, and Official Statement, prepared and distributed
in connection with the sale of the Certificates of Obligation, in
subspantially the form attached hereto, are hereby approved by the City
Council, and their use in the offer and sale of the Certificates of
Obligation is hereby approved.
ADOPTED this 13th day of November, 1990.
Mayor, City of Fort Worth, Texas
ATTEST:
City Secretary, City of Fort Worth, Texas
APPROVED AS TO FORM AND LEGALITY:
City Attorney, City of Fort Worth, Texas
(SEAL)
OFFICE OF COMPTROLLER
REGISTER NO.
STATE OF TEXAS
I hereby certify that there is on file and of record in my office a
certificate of the Attorney General of the State of Texas to the effect that
this Certificate has been examined by him as required by law, and that he
finds that it has been issued in conformity with the Constitution and laws of
the State of Texas, and that it is a valid and binding obligation of the City
of Fort Worth, Texas, payable in the manner provided by and in the ordinance
authorizing same, and said Certificate has this day been registered by me.
WITNESS MY HAND and seal of office at Austin, Texas this
Comptroller of Public Accounts of
the State of Texas
(SEAL)
M&C G-8904 re There was presented Mayor and Council Communication No. G-8904 from the
Sale of City Manager stating that bids for $6,000,000.00 City of Fort Worth, Texas,
$6,000,000.00 of Certificates of Obligations, Series 1990, were received today at 10:00 a.m.;
City of Fort, and recommending that the $6,000,000.00 City of Fort Worth, Texas
Texas Certificates Certificates of Obligation, Series 1990, be sold to the bidder offering the
of Obligation lowest interest cost, $4,631,941.67, at an average effective interest rate of
7.028743 and that the City Council adopt Ordinance No. 10720 authorizing the
issuance of certificates. On motion of Council Member Garrison, seconded by
Council Member Zapata, the recommendation was adopted.
M&C G-8905 re There was presented Mayor and Council Communication No. G-8905 from the City
authorized Manager stating that the City Council approved the issuance and sale of $6,000,000.00
appropriation of in Certificates of Obligation, Series 1990, to provide funds for the design and
$6,000,000.00 from construction of the Alliance Airport Control Tower; that the present estimated cost of
the sage of Cer ti- constructing the control tower is $5,500,000.00; that the estimated cost of issuance of
fi cates of Obl i ga- the Certificate of Obligation is $50,000.00; that upon completion of this project, the
tion Council will be asked to authorize the transfer of any residual funds to the General
Debt Service Fund as a reserve for payments on the Certificates; and recommending that
the City Council appropriate $6,000,000.00 from the sale of Certificates of
Obligations, Series 1990, to GC49 0204900140010. On motion of Council Member Garrison,
seconded by Council Member Chappell, the recommendation was adopted.
M&C C-12604 re
authorized contrac
with Freese and
Nichols Consulting
Engineers for the
Ailiance Control
Toner Construction
project and auth-
orized a letter of
agreement with Ron
Engineers for
oaterial testing
services for the
Alliance Control
Tower construction
There was presented Mayor and Council Communication No. C-12604 from the City
Manager stating that the City Council authorized the sale of certificates of obligation
for the construction of a Lyons Airport Control Tower on October 23, 1990, by Mayor and
Council Communication G-8875; that the construction activity will require specialized
services which will include pre-bid plan review and administrative services,
construction inspection, contract compliance, recordskeeping, surveying and certain
soils and material listing; the staff has selected two four -point based grooms, Freize
and Nichols, Inc., and Rone Engineering,. Inc., for recommendation to the City Council
to provide the services; that Freize and Nichols, Inc., would provide all of the
services except the soils and material testing for a fee not to exceed $293,558.50 at
Minutes of City Council Q-3 Page 405
M&C C-12604 cont.
re authorized
contract with
Freese and
Nichols Consult-
ing Engineers
for the Ailinace
Control Tower
Construction and
authorized a
letter of agree-
ment with Rone
Engineers for
materials testing
services for the
Alliance Control
Tower constructio
Adjourned
TUESDAY, NOVEMBER 13, 1990
an estimated time of 420 calendar days for completion, but that if a shorter time is
required this fee will be appropriately less; that Rone Engineers would provide soils
and material testing based on a pre -determined unit price as necessary; that the total
cost of the testing will not exceed $40,000.00; that staff has reviewed both proposals
and feels the fees are fair and reasonable for the work to be accomplished; that both
firms have complied with the City's DBE policy; stating the fund is to be provided from
the sale of Certificates of Obligation and upon receipt of the proceeds from the sale,
adequate funds will be available in Fund GC49020490140010; and recommending that the
City Manager be authorized to:
1. Execute a contract for construction management/engineering services with
Freese and Nichols Consulting Engineers for the Alliance Control Tower
construction project for a not to exceed fee of $293,558.50;
2. Execute a letter of agreement with Rone Engineers for material testing
services for the Alliance Control Tower construction project for a not to
exceed fee of $40,000.
Council Member Meadows requested permission to abstain from voting on Mayor and
Council Communication No. C-12604 involving a client of his, Freese and Nichols, Inc.
Council Member Chappell made a motion, seconded by Council Member Webber, that
Council Member Meadows be permitted to abstain from voting on Mayor and Council
Communication No. C-12604. When the motion was put to a vote by the Mayor, it
prevailed unanimously.
Mayor Pro tempore Gilley advised City Council that he is abstaining from voting on
Mayor and Council Communication No. C-12604 involving the firm of Freese and Nichols,
Inc.
Council Member Garrison made a motion, seconded by Council Member Chappell, that
the recommendations, as contained in Mayor and Council Communication No. C-12504, be
adopted. When the motion was put to a vote by the Mayor, it prevailed by the following
vote:
AYES: Mayor Bolen; Council Members Garrison, Granger, McCray,
Chappell, Webber, and Zapata
NOES: None
ABSENT: None
NOT VOTING: Mayor Pro tempore Gilley and Council Member Meadows.
There being no further business, the meeting was adjourned.
City Secretary Mayor
Minutes of City Council Q-3 Page 406