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HomeMy WebLinkAbout1990/12/06-Minutes-City Council468 Council Met CITY COUNCIL MEETING DECEMBER 6, 1990 On the 6th day of December, 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: Members Present 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: Invocation The invocation was given by The Reverend Liz Lamberth, Tarrant Area Community of Churches. Pledge of Allegiance The Pledge of Allegiance was recited. Minutes of Novembe On motion of Mayor Pro tempore Gilley, seconded by Council Member McCray, the 27, 1990 approved minutes of the meeting of November 27, 1990, were approved. Nominated Council Mayor Pro tempore Gilley nominated Council Member William N. Garrison for election Member William N. as Mayor Pro tempore and made a motion, seconded by Council Member Meadows, that Garrison as Mayor Council Member William N. Garrison be elected as Mayor Pro tempore. When the motion Pro tempore was put to a vote by the Mayor, it prevailed unanimously. Mr. Tad Howington Mr. Tad Howington, President of the Fort Worth Chapter of the Association of re Fort Worth Records Managers and Administrators, appeared before the City Council in recognition of Chapter of the the chapter's award as "Chapter of the Year" for medium-size chapters from ARMA. Association of Records Managers Certificates of Recognition were presented to former boards and commission and Administrators members, as follows: Certificates of recognition to Dwaine Johnson City Zoning Commission and North Fort former boards and Worth Airport Zoning Commission commission members Dorothy Furlon Park and Recreation Advisory Board Reuben Vallejo Park and Recreation Advisory Borad MLC G-8937 with- Council Member Chappell requested that Mayor and Council Communication No. G-8937 drawn from consent be withdrawn from the consent agenda. agenda M&C G-8938 with Council Member Garrison requested that Mayor and Council Communication No. G-8938 drawn from consent be withdrawn from the consent agenda. agenda M&C P-4607 with City Manager Ivory requested that Mayor and Council Communication No. P-4607 be drawn fron consent withdrawn from the consent agenda. agenda M9C, L-10327 L C- Council Member Meadows requested that Mayor and Council Communication Nos. L-10327 12633 withdrawn and C-12633 be withdrawn from the consent agenda. from consent agenda Consent agenda On motion of Mayor Pro tempore Garrison, seconded by Council Member Webber, the approved as amendeillconsent agenda, as amended, was approved. Accepted with re- Council Member Gilley made a motion, seconded by Council Member McCray, that the grets resignation resignation of Ms. Terri Smith Croxton from the Private Industry Council be accepted of Ms. Terri Smith with regrets. When the motion was put to a vote by the Mayor, it prevailed Croxton from the unanimously. PIC Recognized The Mayor Bolen recognized The Honorable Gib Lewis, Speaker of the House for the State Honorable Gib Lewi of Texas. Nominated Mr. Council Member Gilley nominated Mr. William Leary Adkins for membership on the William Leary City Plan Commission and made a motion, seconded by Council Member McCray, that Mr. Adkins for member- Adkins be appointed to the City Plan Commission, Place 6, for a term of office expiring ship on the City October 1, 1992. When the motion was put to a vote by the Mayor, it prevailed Plan Commission unanimously. Nominated Mr. Frank Council Member Gilly nominated Mr. Frank Turrella for a membership on the Aviation Turrelia for mem- Advisory Board and made a motion, seconded by Council Member McCray, that Mr. Turrella bership on the be reappointed to the Aviation Advisory Board for a term of office expiring October 1, Aviation Advisory 1992. When the motion was put to a vote by the Mayor, it prevailed unanimously. Board Nominated Mr. Pilar Council Member Zapata nominated Mr. Pilar Pena for a membership on the Park and Pena for member- Recreation Advisory Board and made a motion, seconded by Council Member McCray, that ship on the Park Mr. Pena be appointed to Place 2 on the Park and Recreation Advisory Board for a term and Recreation of office expiring October 1, 1992. When the motion was put to a vote by the Mayor, it Advisory Board 1prevailed unanimously. Council Member Chappell requested that the record show that the City Attorney has dvised him it is appropriate for him to vote on the appointments to the Youth Minutes of City Council Q-3 Page 468 449 TUESDAY, DECEMBER 6, 1990 Commission as recommended by the Fort Worth Independent School District Board of Education. Nominated Mr. Jamal Mayor Bolen nominated Mr. Jamal Jones, 0. D. Wyatt High School; Miss Veronica Jones, Miss Veron-ic Segura, North Side High School; Mr. Christopher Miranda, Trimble Tech High School; and Segura, Mr. Christ Mr. Michael Leveridge, Eastern Hills High School, upon recommendation of the Fort Worth opher Miranda and Independent School District Board of Education, for membership on the Youth Commission Mr. Michael Lever- and made a motion, seconded by Council Member McCray, that Ms. Segura and Messrs. idge for member- Jones, Miranda and Leverage be appointed to Places 10, 11, 12, and 13, respectively, of ship on the Youth the Youth Commission. When the motion was put to a vote by the Mayor, it prevailed Commission unanimously. Introduced an Council Member Chappell introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Mayor Pro tempore Garrison. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, Webber, and Chappell II NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. 1073 ORDINANCE NO. 10739 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE VII, "CODE OF ETHICS", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY CHANGING SECTION 2-238, "STANDARDS OF CONDUCT", TO PROVIDE REGULATIONS CONCERNING THE REPRESENTATION OF PERSONS, GROUPS OR BUSINESS ENTITIES BEFORE THE CITY COUNCIL, CITY DEPARTMENTS, AGENCIES, BOARDS AND COMMISSIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; 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 1. That Chapter 2, Article VII, "Code of Ethics", of the Code of the City of Fort Worth, Texas (1986), as amended, be and is hereby further amended by making the following changes in Section 2-238, "Standards of Conduct": 1. Subsections 2-238 b) and 2-238 c) are changed to read as follows: "b) No member of the City Council, salaried City officer or City employee shall knowingly represent, directly or indirectly, any person, group or business entity: before the City Council or any department, agency, board or Commission of the City; or in any action or proceeding against the interests of the City or in any litigation in which the City or any department, agency, board or commission thereof is a party; or in any action or proceeding in the municipal courts of the City which was instituted by a City officer or employee in the course of official duties, or a criminal proceeding in which any City officer or employee is a material witness for the prosecution. c) No member of a City board or commission shall knowingly represent, directly or indirectly, any person, group or business entity: before the City Council or the board or commission of which he or she is a member; or before a board or commission which has appellate jurisdiction over the board or commission of which he or she is a member; or in any action or proceeding against the interests of the City or in any litigation in which the City or any department, agency, board or commission thereof is a party; or in any action or proceeding in the municipal courts of the City which was instituted by a City officer or employee in the course of official duties, or a criminal proceeding in which any City officer or employee is a material witness for the prosecution. Minutes of City Council Q-3 Page 469 11 J Ordinance No. 10739 LH URSDAY, DECEMBER 6. 1990 2. A new Subsection 2-238 d) is added to read as follows: "d) The restrictions in this section do not prohibit the following: a City employee or member of a City board or commission (other than City Council), or his or her spouse, appearing before the City Council or a City department, agency, board or commission to represent himself or herself in a matter affecting his or her property; provided, however, that no such person, or his or her spouse, shall appear before the board or commission of which he or she is a member; or a City employee or officer of an employee organization appearing before the City Council or a City department, agency, board or commission to address employment matters. SECTION V. This ordinance shall take effect and be in full force and effect from and after its passage, and it is so ordained. Ms. Reed Bilz re Ms. Reed Bilz, representing the Fort Worth Commission on the Status of Women, 1991 Legislative appeared before the City Council and requested that the Council give favorable Program -Policy consideration to the adoption of the 1991 Legislative Program -Policy Proposal No. 17 Proposal No. 17 regarding changes in the penal code for sexual assault and domestic violence. City Council There was presented City Council Municipal Court Advisory Committee Policy Municipal Court Memorandum No. 13, as follows: Advisory Committee Policy Memorandum SUBJECT: Appointment of Municipal Judge Pro Tem No. 13 POLICY: It is recommended that the City Council appoint Ann Chennault as a municipal judge pro tem for a one year term beginning on the date of appointment. DISCUSSION: State Law provides that a majority of the City Council may appoint one or more qualified persons to be available to serve for a municipal judge who is temporarily absent due to illness, family death or illness, continuing legal or judicial education programs, or for other reasons. The Chief Judge selects one of the persons appointed by governing body to serve during such an absence. Gov. Code §30.144(i). The judges pro tem serve for a term of one year. City Code, Sec. 10-3. The Municipal Courts Advisory Committee, at its regular meeting on November 27, 1990, voted to recommend the appointment of the above named individual by the City Council to the office of the municipal judge pro tem, acting on the recommendation of the Chief Judge. On motion of Council Member Chappell, seconded by Council Member Meadows, the recommendation, as contained in City Council Municipal Court Advisory Policy Memorandum No. 13, was adopted. OCS-213 re There was presented Mayor and Council Communication No. OCS-213 from the Liability bonds Office of the City Secretary recommending that the City Council authorize the acceptance of liability bonds, as follows: PARKWAY CONTRACTOR'S BOND INSURANCE COMPANY Royce Griffith Jim Birge & Co., Inc. Western Surety Company United States Fire Insurance Company Westland Construction, Inc. Hartford Casualty Insurance Company dba Cheyenne Enterprises B.B. Enterprises Western Surety Company OC S-213 adopted It was the consensus of the City Council that the recommendation be adopted. OCS-214 re There was presented Mayor and Council Communication No. OCS-214 from the Office of Claims the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Risk Management Department, as follows: Steven Joseph 1. Claimant: Steven Joseph Konieczny Konieczny Date Received: November 14, 1990 Date of Incident: October 3, 1990 Location of Incident: I35 Westbound @ Cherry Street Estimate of Damages/ Minutes of City Council Q-3 Page 470 1 1�. . •M Steven Joseph Konieczny claim Injuries: $131.79 - $173.02 cont. Nature of Incident: Claimant alleges damages to vehicle as the result of asphalt/gravel particles coming f11^ ` .1 City -owned vehicle and striking State Farm Insuran 2. Claimant: State. Farm Insurance Companies ce Companies Date Received: November 21, 1990 Date of Incident: August 27, 1990 Location of Incident: 5945 Jennie Drive Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant seeks reimbursement for repair of damages on behalf of its insured Jimmie K. Simpson Donald Disney 3. Claimant: Donald Disney Date Received: November 21, 1990 Date of Incident: November 13, 1990 Location of Incident: Michael Testa Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges injuries arising from accident Jenav Thornhi 1 i 4. Claimant: Jenav Thornhill Date Received: November 21, 1990 Date of Incident: Undeclared Location of Incident: 3220 South Jennings Estimate of Damages/ Injuries: $99.89 Nature of Incident: Claimant alleges damages to water meter by street construction crew El Paso Lounge 5. Claimant: E1 Paso Lounge Date Received: November 21, 1990 Date of Incident: July 16-17, 1990 Location of Incident: 1306 Magnolia Attorney: Charles Mays, Jr. Estimate of Damages/ Injuries: $2,684.45 - $7,250.00 Nature of Incident: Claimant alleges damages caused allegedly by wate main break Jerome Moore 6. Claimant: Jerome Moore Date Received: November 21, 1990 Date of Incident: May 2, 1990 Location of Incident: Undeclared Attorney: Bill McDowell, Adjuster Estimate of Damages/ Injuries: Undeclared Nature of Incident: Undeclared The Farmers Insur- ance Group 7. Claimant: The Farmers Insurance Group Date Received: November 26, 1990 Date of Incident: October 27, 1990 Location of Incident: Terrell and 7th Estimate of Damages/ Injuries: $1,785.26 Nature of Incident: Claimant alleges damages sustained by its insured, Charles Valdez Margie P. Gibbs 8. Claimant: Margie P. Gibbs Date Received: November 26, 1990 Date of Incident: Undeclared Location of Incident: 7000 Block of Hulen Estimate of Damages/ Injuries: $260.20 Nature of Incident: Claimant alleges damages as the result of her vehicle being struck by a "sewer" top Joel L. Henry 9. Claimant: Joel L. Henry Date Received: November 26, 1990 Date of Incident: Undeclared Location of Incident: 4800 Wichita Street Estimate of Damages/ Injuries: $1,550.84 - $1,800.00 Nature of Incident: Claimant alleges vehicular damages as result of a "hold in the street" Clarence Kenneth 10. Claimant: Clarence Kenneth Heaton Heaton Date Received: November 27, 1990 Minutes of City Council Q-3 Page 471 47w 1111101 c �� ••� Clarence Kenneth Heaton claim cont. Date of Incident: September 28, 1990 Location of Incident: 4044 Alava Drive Estimate of Damages/ Injuries: $2,200.00 Nature of Incident: Claimant alleges damages as the result of a water main break 11. Claimant: Deryl G. Marshall Deryl G. Marshall Date Received: November 27, 1990 Date of Incident: October 26, 1990 Location of Incident: 1300 East Seminary Drive Attorney: Ronald L. Sands Estimate of Damages/ Injuries: $7,345.14 - $8,266.62 Nature of Incident: Claimant alleges damages as the result of a vehicular accident involving a police car Desiree R. Collins 12. Claimant: Desiree R. Collins Date Received: November 27, 1990 Date of Incident: October 26, 1990 Location of Incident: 1300 East Seminary Drive Attorney: Ronald L. Sands Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges injuries as the result of a vehicular accident involving a police car Barbara Reed 13. Claimant: Barbara Reed Date Received: November 27, 1990 Date of Incident: June 10, 1990 Location of Incident: Dallas/Fort Worth Int'l Airport Attorney: John L. Grayson Estimate of Damages/ Injuries: $200,000.00 Nature of Incident: Claimant alleges injuries as the result of a fall when exiting a Delta aircraft onto the jetway. Trinity Universal 14. Claimant: Trinity Universal Insurance Companies Insurance Companies Date Received: November 27, 1990 Date of Incident: July 18, 1990 Location of Incident: 5700 Block of Granberry Road Estimate of Damages/ Injuries: $4,758.37 Nature of Incident: Claimant seeks reimbursement for repair of damages to insured's vehicle, Pamela D. Harris Betty Walls 15. Cl aimant: Betty Walls Date Received: November 29, 1990 Date of Incident: Undeclared Location of Incident: 1213 Carlock Estimate of Damages/ Injuries: $150.00 Nature of Incident: Claimant seeks reimbursement for repair of sewer line La -Wes Andrienne 16. Claimant: La -Wes Andrienne Newell Newe l 1 Date Received: November 29, 1990 Date of Incident: Undeclared Location of Incident: 2300 SE Loop 820 and 5400 Campus Drive Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages as the result of a vehicular accident OC S-214 adopted It was the consensus of the City Council that the recommendations be adopted. OC S-215 re There was presented Mayor and Council Communication No. OCS-215 from the Office of Corresondence from the City Secretary submitting a copy of correspondence from Mr. Brent Burford, Mr. Brent Burford representing University Plaza, Inc., regarding the placement of a barrier between regarding the commercial property at 3003 Lackland Road and Z. Boaz Golf Course to alleviate the placement of a problem breakage of windows and the vehicular damage caused by golf balls. It was the barrier between consensus of the City Council that the correspondence be referred to the City Manager. commercial propert at 3003 Lackiand There was presented Mayor and Council Communication No. G-8932 from the City Road and Z. Boaz Manager, as follows: Golf Course M&C G-8932 re SUBJECT: CONTINUING PARTICIPATION TO SUPPORT USGS WATER QUALITY DATA Joint Funding GATHERING IN THE UPPER TRINITY RIVER Agreement for elate resources i nvesti - RECOMMENDATION: gations with the Department of Int- It is recommended that the City Council authorize: erior Geological Survey Minutes of City Council Q-3 Page 472 M&C G-8932 cont. Joint Funding Agreement for orate resources investi- gations with the Departnent of In- terior Geoiogical Survey 4`1713 TH-URSDAY, DECEMBER 6, 1990 1. the City Manager to execute a Joint Funding Agreement for Water Resources Investigations with the Department of Interior Geological Survey (USGS); and 2. the payment of the City's share of the Compact's cost in the amount of $26,690.00 for 1990-1991 USGS monitoring and monitors. The check will be made payable to the Department of the Interior-USGS. DESCRIPTION: On October 25, 1975 (M&C C-3219), the City Council authorized the City Manager to execute an agreement providing that the City of Fort Worth join with the City of Dallas, the North Texas Municipal Utility District and the Trinity River Authority of Texas in the formation and operation of the Upper Trinity River Basin Water Quality Compact (Compact). The members share equally in the cost of operation of the Compact's programs. The City of Fort Worth has participated in the Compact since the group's inception. The Compact agreement was renewed in 1986 to allow for continued participation for an additional 10 -year period. The primary purpose of the Compact has been and continues to be to insure that a water quality sampling program is established and maintained, which seeks to provide reliable data on the quality of the streams of the Trinity River in the North Central Texas area. The facilities and expertise of the USGS are used to gather this water quality data. This ongoing program allows the effect of both point and non -point sources of pollution to be determined and evaluated. Individual agreements have been prepared for each Compact member. The City's share of the cost pertaining to gathering of Water Quality data by USGS for the fiscal year, October 1, 1990 to September 30, 1991, is $26,690. The USGS and others will contribute to the program cost as follows: Agency Fort Worth Dallas North Texas MUD Trinity River Authority USGS Total FINANCING: Contribution $ 26,690 26,690 26,690 26,690 106,760 $213,520 Sufficient funds are available in Water and Sewer Operating Fund PE 45, Center No. 0701000, Sewer Administration. Expenditure will be made from Account No. 539230. M&C G-8932 adopted11 It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication G-8932, be adopted. M&C G-8933 re There was presented Mayor and Council Communication No. G-8933 from the City Oktoberfest contri Manager stating that volunteers staffed a booth at the Tarrant County Convention Center butions f ran the for Oktoberfest on October 6 and 7, 1990, to raise funds for a discretionary account Symphony League of for use by five multi-purpose centers; that funds are to be used by Como, North Fort Worth, Inc. Tri -Ethnic, Martin Luther King, Worth Heights, and Northside Multi -Purpose Centers as needed; and recommending that the City Council: I. accept and record in the Special Trust Fund FE72, Center 005515500000, Oktoberfest Contributions from the Symphony League of Fort Worth, Inc. in the amount of $1,278.75 as a result of monies earned at Oktoberfest held on October 6 and 7, 1990; 2. adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $1,278.75 in the Special Trust Fund FE72, Center 005515500000, Oktoberfest Contributions from increased revenues; and 3. authorize the expenditure of the above $1,278.75 in Special Trust Fund FE72, Center 005515500000, Oktoberfest Contributions, for expenses to be incurred at the Multi -Purpose Centers. M&C G-8933 adopted1l It was the consensus of the City Council that the recommendations be adopted. Introduced an Mayor Pro tempore Garrison introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Webber. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: None Minutes of City Council Q-3 Page 473 474 Ordinance No. 10740 THURSDAY, DECEMBER 6. 1990 The ordinance, as adopted, is as follows: ORDINANCE NO. 10740 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE SPECIAL TRUST FUND, FE72, OKTOBERFEST CONTRIBUTIONS, HOUSING AND HUMAN SERVICES, MULTI-PURPOSE CENTERS, CENTER NO. 0055155, OF THE CITY OF FORT WORTH FOR THE FISCAL YEAR 1990-91 BY $1,278.75, AND APPROPRIATING SAID $1,278.75 TO THE SPECIAL TRUST FUND FE72, SUPPLIES, ACCOUNT NO. 522030, HOUSING AND HUMAN SERVICES, CENTER NO. 0055155, SAID FUNDS TO BE USED FOR THE PURPOSE OF PURCHASING SUPPLIES NEEDED TO SUPPORT SPECIAL PROGRAMS AT THE MULTI-PURPOSE CENTERS; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C G-8934 re There was presented Mayor and Council Communication No. G-8934 from the City authorized pay- Manager stating that the City Council authorized a $14,436.00 payment to The Wyatt ment to The Wyatt Company for various actuarial calculations requested by the City during recent Company for act- considerations of retirement fund issues; that, when this M&C was presented to the City uarial services on Council, the staff believed that all billings from The Wyatt Company had been received retirement fund but a subsequent bill for $10,000.00 has been received; stating that sufficient funds issues remain in the 1989-90 non -departmental account group to pay this expenditure; and recommending that the City Council approve payment of $10,000.00 to The Wyatt Company for actuarial services provided to the City on retirement issues. It was the consensus of the City Council that the recommendation be adopted. M&C G-8935 re There was presented Mayor and Council Communication No. G-8935 from the City approved settle- Manager stating that James Moody filed a claim for property damage allegedly sustained ment of claim on November 4, 1990, at 1000 Taylor as a result of being struck by a City filed by James vehicle; that, while admitting no liability in this matter, the Risk Management Moody for property Department has negotiated with Mr. Moore and has agreed to a property damage settlement damage of $8,231.33 subject to City Council approval; stating that funds are available in Property and Casualty Insurance Fund FE71, Center No. 0157110, Account No. 534030; and recommending that the City Council approve the settlement of claim filed by James Moody and authorize the City Manager to expend the sum of $8,231.33 for the property damage settlement agreed to by Mr. Moody and the City of Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C G-8936 re There was presented Mayor and Council Communication No. G-8936 from the City approved settle- Manager stating that Dorsey Dixon filed a claim for personal injuries and property ment of claim damage he allegedly sustained on April 3, 1990, at 3900 Ramey Avenue as a result of filed by Dorsey being struck by a City vehicle; that, while admitting no liability in this matter, the Dixon for the Risk Management Department has negotiated with Mr. Dixon through his attorney and has settlement agreed to a settlement of $8,487.60 subject to City Council approval; stating that funds are available in Property and Casualty Insurance Fund FE71, Center No. 0157110, Account No. 534030; and recommending that the City Council approve the settlement of claim filed by Dorsey Dixon and authorize the City Manager to expend the sum of $8,487.60 for the settlement agreed to by Mr. Dixon, his attorney, and the City of Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C G-8937 re There was presented Mayor and Council Communication No. G-8937 from the City rejected all bids Manager stating that Proposition No. 1 of the Capital Improvement Program approved by received for con- the voters on March 22, 1986, included funds in each Council District for s tr uc tion of "undesignated" street construction projects; that Butler Street from McCart to Hemphill Butler Avenue from is in need of full construction; that the City Council authorized the City Manager to McCart Avenue to execute a contract with Carter and Burgess, Inc., to design improvements to Butler Livingston Avenue Avenue from McCart to Livingston and Sixth Avenue from Seminary to Drew for bidding and and authorized re- construction; that Addendum No. 1 contained an error and Addendum No. 2 was issued on vision to plans October 3, 1990, to clarify the information; that the consultant mailed Addendum No. 2 and specifications on October 3 to contractors who had received the plans; that the consultant failed to for readverti se- notify two contractors who had obtained plans during the interim period and therefore ment had not received Addendum No. 2; that, when the bids were opened, it was discovered that the apparent low bidder, Ashlar Contracting, Inc., had not received a copy of Addendum No. 2; that, because the low bidders, Ashlar Contracting, Inc., did not incorporate the addendum into its bid, the bid cannot be accepted since it was not bidding precisely the same work as other contractors; that it would be unfair to the contractor to simply reject this bid since it was not the fault of the contractor Minutes of City Council Q-3 Page 474 M&C G-8937 cont. rejected all bids: received for con- struction of Butler Avenue from McCart Avenue to Livingston Avenue and authorized re- vision to plans and specifications for readvertise- ment Mr. Gary Santerre re M&C G-8937 M&C G8937 adopted M&C G-8938 re approved use of Community Develop- ment Block Grant funds for purchase of furnishings, fixtures, and equipment for Wort Heights Multi -Pur pose Center Dental Clinic M&C G-8939 re approved transfer of Grant of Priv- ilege for taxicab operations from Fort Worth Cab and Baggage Company to yellow Checker Cab Company of Dai ias/Fort Worth, Inc. T H!URSDAY, DECEMBER 6, 1990 having not received the second addendum; that the fairest course of action is to reject all bids and readvertise the project, and if new bids are taken, they will be as competitive as those rejected; and recommending that the City Council reject all bids received for reconstruction of Butler Avenue from McCart Avenue to Livingston Avenue and authorize revision to plans and specifications for readvertisement. Mr. Gary Santerre, Director of the Transportation and Public Works Department, appeared before the City Council and advised the City Council that new bids will be taken in a week for the paving of Butler Street from McCart to Hemphill and that there will not be any delay caused by the rejection of the bids as proposed in Mayor and Council Communication No. G-8937. Council Member Chappell made a motion, seconded by Council Member Garrison, that the recommendation, as contained as in Mayor and Council Communication No. G-8937 be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. There was presented Mayor and Council Communication No. G-8938 from the City Manager stating that the City Council approved $66,500.00 of the $900,000.00 allocated on January 3, 1990, by Mayor and Council Communication No. C-11398 for the Worth Heights MPC expansion for a contract with Pruett and Gideon for project design; that the City Council amended the design contract and increased the total contract amount to $75,000.00; that the clinic is scheduled to be completed by December 31, 1990; that the Health Department has submitted to Housing and Human Services a list of furnishings and equipments needed for the clinic to coordinate through the Purchasing Division; that CDBG regulations require the separation of structural fixtures and furnishings not considered structural fixtures; that items considered structural fixtures are part of the Public Facilities CDBG category, while furnishings are part of the Public Service category and will count against the CDBG Public Service cap for the current program year; and recommending that the City Council: 1. approve the use of up to $110,000.00 in Community Development Block Grant funds for the purchase of furnishings, fixtures and equipment for the Worth Heights Multi -Purpose Center Dental Clinic; and _ 2. transfer funds as outlined below: From To GR76/005206084340 GR76/005206084770 $14,500.00 Worth Heights Expansion Worth Heights Portable Furnishings GR76/005206084340 GR76/005206084780 $95,500.00 Worth Heights Expansion Worth Heights Dental Office Fixtures 3. Upon transfer of the funds, authorize the Purchasing Department to solicit bids and select a vendor for the items needed. Mayor Pro tempore Garrison advised the City Council that the use of CDBG funds for the acquisition of furnishings and equipment for the Worth Heights Clinic addition does not negate the need for other sources of funding for the dental clinic in the next budget. Council Member Garrison made a motion, seconded by Council Member Chappell, that the recommendation, as contained in Mayor and Council Communication No. G-8938 be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. There was presented Mayor and Council Communication No. G-8939 from the City Manager, as follows: SUBJECT: TRANSFER OF GRANT OF PRIVILEGE FOR TAXICAB OPERATIONS FROM FORT WORTH CAB AND BAGGAGE COMPANY TO YELLOW CHECKER CAB COMPANY OF DALLAS/FORT WORTH, INC. RECOMMENDATION: It is recommended that the City Council consent to and approve the transfer of the Grant of Privilege for taxicab operations from Fort Worth Cab and Baggage Company to Yellow Checker Cab Company of Dallas/Fort Worth, Inc. nT S('IIS-qTnN Fort Worth Cab and Baggage Company operates the largest taxicab fleet in the City. The business was established in the 1940's and has operated under different trade names, including "Yellow Cab", "Checker Cab", and "Yellow Checker Cab". The company is locally owned and operated. Fort Worth Cab and Baggage is one of only two companies with a franchise to operate a taxicab business within Fort Worth. The franchise, in effect through 1995, authorizes the company to operate up to two hundred fifty taxis, but the company is presently operating about one hundred. In addition to Fort Worth, Fort Worth Cab and Baggage also serves the Dallas/Fort Worth Regional Airport, Arlington and a majority of the other cities in Tarrant County. Minutes of City Council Q-3 Page 475 M&C G-8939 cont. approved transfer of Grant of Priv- ilege for taxicab operations from Fort Worth Cab and Baggage Company to Yellow Checker Cab Company of Dallas/ Fort Horth, Inc. 1_ u: ••1 The president of Fort Worth Cab and Baggage is Mr. Jim Richards. Mr. Richards is also the president of Dallas Yellow Cab. He recently had the license to service Dallas transferred to his newly formed corporation, Yellow Checker Cab Company of Dallas/Fort Worth, Inc. Mr. Richards, in the attached correspondence, requests the City of Fort Worth to allow him to transfer the franchise of Fort Worth Cab and Baggage to his new company. As he explains, the consolidation of his taxicab businesses into one corporation will improve his ability to provide service and establish an accurate marketing identity. The new corporation will operate approximately three hundred fifty taxicabs to serve the entire metroplex. Section 34-140 of the Fort Worth City Code states: "No franchise or grant of privilege made under the terms of this article shall be transferable without the formal consent and approval of the City Council after proper application made thereto. If the City Council deems it necessary or advisable after receipt of such an application for permission to transfer such grant, then it may make or order to be made such investigation as it deems necessary to satisfy itself that the proposed transferee is a fit and proper person to conduct such business, that the transferee is financially able to conduct such business and to pay any claims for damages which might be asserted against him by virtue of the operation of such taxicabs, and that the operation of such business by the transferee will be beneficial to the general public in the City. (Code 1986, §34-6)" Since assuming the operations of Fort Worth Cab and Baggage in 1985, Mr. Richards and the City staff have had a good working relationship. The City staff is familiar with Mr. Richards' operation and is satisfied that, in accordance with Section 34-140 of the City Code, the proposed transferee is fit and proper to conduct such business, that the transferee is financially able to conduct such business and to pay any claims for damages which might be asserted against it by virtue of the operation of such taxicabs, and that the operation of such business by the transferee will be beneficial to the general public in the City. Accordingly, the City staff recommends the approval of the requested transfer. M&C G-8939 adopted ll It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. G-8939, be adopted. 145C G-8940 re There was presented Mayor and Council Communication No. G-8940 from the City 1991 Legislative Manager, as follows: Policy Proposal No. 17 SUBJECT: ADOPTION OF 1991 LEGISLATIVE PROGRAM POLICY PROPOSAL NO. 17 RECOMMENDATION: It is recommended that the City Council: 1. adopt the attached legislative policy proposal (No. 17) as part of the City of Fort Worth's 1991 Legislative Program; 2. authorize and direct the City Manager to distribute copies of adopted legislative policy to members of the Tarrant County Legislative delegation and other legislative leaders; and 3. authorize and direct appropriate City officials to appear and provide testimony at House and Senate Committee hearings in support of the City's adopted policy positions. DISCUSSION: Policy Proposal No. 17 CHANGES IN PENAL CODE FOR SEXUAL ASSAULT AND DOMESTIC VIOLENCE The Fort Worth Commission on the Status of Women will seek revisions in current laws to address the problem of sexual assault and domestic violence. The City of Fort Worth will support the efforts of the Commission in seeking passage of legislation that will remove the spousal exemption for sexual assault; will eliminate a defense from prosecution of rape under Section 22.011(d) when the victim is over age 14 and is deemed "promiscuous"; to eliminate a defense from prosecution of rape under Section 22.011(e) when the victim is less than 2 years younger than the assailant; to raise the penalty of violation of a Protective Order to a third degree felony; to include the "battered woman" defense as established by current case law into the Penal Code; and to mandate court enforced treatment for the batterer in domestic violence cases. Minutes of City Council Q-3 Page 476 7 7 THURSDAY, DECEMBER 6, 1990 MAC G-8940 cont. On motion of Council Member Gilley, seconded by Council Member Chappell, the 1991 Legislative recommendations, as contained in Mayor and Council Communication No. G-8940, were Program approved. The City of Fort Worth Legislative Policy No. 17 is as follows: RELATING TO CHANGES IN PENAL CODE FOR SEXUAL ASSAULT AND DOMESTIC VIOLENCE I. BACKGROUND The annual report issued by the Fort Worth Commission on the Status of Women in September 1990 cited a report indicating that sexual assault in this country is rising and has reached alarming levels. According to a July 16, 1990 Newsweek report, sixteen women confront a rapist every hour. In the United States, a rape occurs every six minutes. The United States has a rape rate nearly four times higher than Germany, thirteen times higher than Great Britain, and more than 20 times higher than Japan. Closer to home during 1989, the Woman's Center of Tarrant County, Inc. Rape Crisis Program provided services to 616 individuals who reported an offense that could be classified as sexual assault. The Fort Worth Police Department monthly crime statistics for 1990 through October indicate 373 reported cases of rape. The current Texas laws allow for a defense to prosecution of rape in certain cases, making it difficult in some cases to try and convict assailants. Certain revisions need to be undertaken to provide for prosecution and to deter the incidence of rape. Another area of concern that affects primarily women is domestic or family violence. For 1990 through October, the Fort Worth Police Department has logged 3,840 domestic violence assault reports. This is estimated to be only a fraction of the actual incidences occurring throughout the city. Current law does not provide for adequate enforcement measures to protect women when violence erupts in the household. Violation of protective orders only warrants a misdemeanor offense and needs to be changed. Court mandated treatment for the batterer may be an avenue in addressing the problem of domestic violence. II. POLICY The City of Fort Worth supports legislation that will deter the incidence of rape and will address concerns in the area of domestic violence. Specifically, changes in the Penal Code are supported to remove the spousal exemption for sexual assault; to eliminate a defense from prosecution of rape under Section 22.011(d) when the victim is over age 14 and is deemed "promiscuous"; to eliminate a defense from prosecution of rape under Section 22.011(e) when the victim is less than 2 years younger than the assailant; to raise the penalty of violation of a Protective Order to a third degree felony; to include the "battered woman" defense as established by case law into the Penal Code; and to mandate court enforced treatment for the batterer in domestic violence cases. III. IMPACT No specific fiscal impact is identified with the proposed legislation. IV. SUPPORT OR OPPOSITION The Fort Worth Commission on the Status of Women will seek legislation to address the concerns of this policy proposal. Currently the Commission is seeking endorsements and sponsorships of the legislative bills that will be introduced in Austin. Council Member Meadows advised the City Council of a conflict of interest on voting on Mayor and Council Communication No. G-8741 and advised the City Council he is filing an affidavit with the City Secretary. Council Member Zapata made a motion, seconded by Council Member McCray, that Mayor and Communication No. G-8904, Sale of $23,950,000.00 City of Fort Worth, Texas, General Purpose Bonds, Series 1990, be corrected to read Mayor and Council Communication No. G-8941. When the motion was put to a vote by the Mayor, it prevailed unanimously. M&C G-8941 re There was presented Mayor and Council Communication No. G-8941 from the City Sale of $ 23,950, Manager as follows: 000 City of Fort Worth, Texas SUBJECT: SALE OF $23,950,000 CITY OF FORT WORTH, TEXAS, GENERAL PURPOSE Genera i Purpose BONDS, SERIES 1990 Bonds, Series 1990 RECOMMENDATION: Minutes of City Council Q-3 Page 477 L-17 S M&C G-8941 cont. re Sale of $ 23, It is recommended: 950,000 City of Fort Worth Texas 1. That the City Council adopt Ordinance No. 10738, providing for the General Purpose issuance of $23,950,000 City of Fort Worth General Purpose Bonds, bonds, Series 1990 approving the "Notice of Sale and Bidding Instructions", "Official Bid Form" and "Official Statement" prepared in connection with the issuance of $23,950,000 City of Fort Worth, Texas, General Purpose Bonds, Series, 1990. 2. That the $23,950,000 City of Fort Worth, Texas, Series 1990, be sold to Kidder, Peabody & Co., bidder offering the lowest interest cost, $17,148,234.50, at an average effective interest rate of 6.566745%. 3. That the firms of McCall, Parkhurst & Horton, and Kelly, Hart & Hallman be engaged to furnish the purchasers' opinion of the bonds; and 4. That the firm of First Southwest Company perform the financial consulting services for this sale in accordance with City Secretary Contract No. 14801. DISCUSSION: Bids for $23,950,000 City of Fort Worth, Texas, General Purpose Bonds, Series 1990, were received today (Thursday, December 6, 1990) at 10:00 a.m. A summary of the average annual effective rate for the bids is shown below: Kidder, Peabody & Company 6.566745 Manufacturers Hanover Securities Corp. 6.63738 NCNB Texas -Dallas and Associates 6.6485693 First Boston Corp. and Assoc. 6.6619 Morgan Stanley & Co. and Assoc. 6.6773 Lehman Brothers and Dean Witter Reynolds 6.74431 Smith Barney, Harris, Upham, & Co., Inc. 6.706986 Goldman, Sachs & Co. 6.9223 Mayor Pro tempore Garrison made a motion, seconded by Council Member McCray, that the recommendation contained in Mayor and Council Communication No. G-8941 be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Webber, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Meadows Introduced an Mayor Pro tempore Garrison introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member McCrday. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Webber, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Meadows The ordinance, as adopted, is as follows: Ordinance No. 11 ORDINANCE NO. 10738 10738 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF TWENTY THREE MILLION NINE HUNDRED AND FIFTY THOUSAND DOLLARS ($23,950,000) OF THE GENERAL PURPOSE BONDS, SERIES 1990, OF THE CITY OF FORT WORTH, TEXAS, BEARING INTEREST AT THE RATES HEREINAFTER SET FORTH, AND PROVIDING FOR THE LEVY, ASSESSMENT AND COLLECTION OF A TAX SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AND TO CREATE A SINKING FUND FOR THE REDEMPTION THEREOF AT MATURITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING THAT THIS ORDINANCE SHALL BE IN FORCE AND EFFECT FROM AND AFTER THE DATE OF ITS PASSAGE. WHEREAS, it is deemed advisable and to the best interest of the City of Fort Worth that certain general purpose bonds authorized at elections previously held in said City be combined in a single issue and sold at this time, the dates of election, amount of bonds authorized thereat, purpose, amount of bonds previously sold, and the amount now to be sold being as follows: Minutes of City Council Q-3 Page 478 Ordinance No. 10738 cont. 119 THURSDAY, DECEMBER 6, 1990 WHEREAS, it is deemed advisable and to the best interest of the City that the bonds to be sold pursuant to the aforesaid elections be sold at this time, pursuant to the laws of the State of Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 1. That the bond or bonds of the City of Fort Worth, Texas (the "City" or the "Issuer") to be called "General Purpose Bonds, Series 1990" (the "Series 1990 Bonds"), be issued under and by virtue of the Constitution and laws of the State of Texas and the Charter of said City for the following purposes, to -wit: Six Million Eight Hundred Twenty -One Thousand Dollars ($6,821,000) for the purpose of constructing permanent street and storm sewer improvements by reconstructing, restructuring and extending the streets, thoroughfares, collectors and storm drains in said City, and related street and storm sewer improvements (1982 Election); Fourteen Million Three Hundred Forty Nine Thousand Dollars ($14,349,000) for the purpose of constructing permanent street and storm sewer improvements by resurfacing, restructuring and extending the streets, thoroughfares, collectors and storm drains in said City, and related street and storm sewer improvements (1986 Election); Seven Hundred Thirty Thousand Dollars ($730,000) for the purpose of constructing permanent street and storm sewer improvements by resurfacing, restructuring and extending the streets, thoroughfares, collectors and storm drains in said City, and related street and storm sewer improvements (1990 election); One Million Eight Hundred Thousand Dollars ($1,800,000) for the purpose of making permanent city improvements by constructing new improvements to the City's park and recreation system facilities, renovating existing facilities and enlarging other facilities; and Two Hundred Fifty Thousand Dollars ($250,000) for the purpose of making improvements to the Central Library and expanding the City's library system by constructing an East Regional Library and a Diamond Hill Branch Library; all of which bonds aggregate in principal amount the sum of Twenty -Three Million Nine Hundred and Fifty Thousand Dollars ($23,950,000.00). 2. That the Series 1990 Bonds shall be dated December 1, 1990, shall be in the denomination of $5,000 each, or any integral multiple thereof, shall be numbered consecutively from R-1 upward, and shall mature on the maturity date, in each of the years, and in the amounts, respectively, as set forth in the following schedule: MATURITY DATE: MARCH 1 YEARS AMOUNTS ($) YEARS AMOUNTS ($) 1993 1,300,000 2002 1,300,000 1994 AMOUNT 2003 DATE OF 1,300,000 AMOUNT 1,300,000 PREVIOUSLY AMOUNT ELECTION 1,300,000 AUTHORIZED PURPOSE SOLD NOW OFFERED May 22, 1982 2007 $ 77,285,000 Street Impr. $69,029,000 $ 6,821,000 March 22, 1986 115,600,000 Street Impr. 90,656,500 14,349,000 March 22, 1986 10,000,000 Library Imp. 2,245,000 250,000 March 22, 1986 5,750,000 Pub. Safety Impr. 5,110,000 -0- March 22, 1986 16,650,000 Park & Rec. Impr. 13,721,500 1,800,000 July 10, 1990 20,000,000 Street Impr. -0- 730,000 $245,285,000 $180,762,000 $23,950,000 WHEREAS, it is deemed advisable and to the best interest of the City that the bonds to be sold pursuant to the aforesaid elections be sold at this time, pursuant to the laws of the State of Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 1. That the bond or bonds of the City of Fort Worth, Texas (the "City" or the "Issuer") to be called "General Purpose Bonds, Series 1990" (the "Series 1990 Bonds"), be issued under and by virtue of the Constitution and laws of the State of Texas and the Charter of said City for the following purposes, to -wit: Six Million Eight Hundred Twenty -One Thousand Dollars ($6,821,000) for the purpose of constructing permanent street and storm sewer improvements by reconstructing, restructuring and extending the streets, thoroughfares, collectors and storm drains in said City, and related street and storm sewer improvements (1982 Election); Fourteen Million Three Hundred Forty Nine Thousand Dollars ($14,349,000) for the purpose of constructing permanent street and storm sewer improvements by resurfacing, restructuring and extending the streets, thoroughfares, collectors and storm drains in said City, and related street and storm sewer improvements (1986 Election); Seven Hundred Thirty Thousand Dollars ($730,000) for the purpose of constructing permanent street and storm sewer improvements by resurfacing, restructuring and extending the streets, thoroughfares, collectors and storm drains in said City, and related street and storm sewer improvements (1990 election); One Million Eight Hundred Thousand Dollars ($1,800,000) for the purpose of making permanent city improvements by constructing new improvements to the City's park and recreation system facilities, renovating existing facilities and enlarging other facilities; and Two Hundred Fifty Thousand Dollars ($250,000) for the purpose of making improvements to the Central Library and expanding the City's library system by constructing an East Regional Library and a Diamond Hill Branch Library; all of which bonds aggregate in principal amount the sum of Twenty -Three Million Nine Hundred and Fifty Thousand Dollars ($23,950,000.00). 2. That the Series 1990 Bonds shall be dated December 1, 1990, shall be in the denomination of $5,000 each, or any integral multiple thereof, shall be numbered consecutively from R-1 upward, and shall mature on the maturity date, in each of the years, and in the amounts, respectively, as set forth in the following schedule: MATURITY DATE: MARCH 1 YEARS AMOUNTS ($) YEARS AMOUNTS ($) 1993 1,300,000 2002 1,300,000 1994 1,300,000 2003 1,300,000 1995 1,300,000 2004 1,300,000 1996 1,300,000 2005 1,300,000 1997 1,300,000 2006 1,400,000 1998 1,300,000 2007 1,400,000 1999 1,300,000 2008 1,400,000 2000 1,300,000 2009 1,400,000 2001 1,300,000 2010 1,450,000 3. The City reserves the right to redeem the Series 1990 Bonds maturing on or after March 1, 2001, in whole or in part, on March 1, 2000, or on any date thereafter, for the principal amount thereof plus accrued interest thereon to the date fixed for redemption. The years of maturity of the Series 1990 Bonds called for redemption at the option of the City prior to stated maturity shall be selected by the City. The Series 1990 Bonds or portions thereof redeemed within a maturity shall be selected by lot or other method by the Paying Agent/Registrar (hereinafter defined). 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, first-class postage prepaid, addressed to each such 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 Minutes of City Council Q-3 Page 479 480 THURSDAY, DECEMBER 6, 1990 Ordinance No.• circulation in the United States of America carrying as a regular feature 10738 cont. 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 Series 1990 Bond, and it is hereby specifically provided that the publication of notice described in (ii) above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Series 1990 Bonds. 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 Series 1990 Bonds or the portions thereof which are 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, the Series 1990 Bonds or the portions thereof which are to be so redeemed, thereby automatically shall be redeemed prior to their scheduled maturities, and shall not bear interest after the date fixed for their redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest to the date fixed for redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the registration books all such redemptions of principal of the Series 1990 Bonds or any portion thereof. If a portion of any Series 1990 Bond shall be redeemed a substitute Series 1990 Bond or Series 1990 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 City, all as provided in this Ordinance. 4. That the Series 1990 Bonds scheduled to mature during the years, respectively, set forth below shall bear interest at the following rates per annum: Bonds maturing in the year 1993, 8.50% Bonds maturing in the year 1994, 8.50% Bonds maturing in the year 1995, 8.50% Bonds maturing in the year 1996, 8.50% Bonds maturing in the year 1997, 8.50% Bonds maturing in the year 1998, 8.50% Bonds maturing in the year 1999, 8.50% Bonds maturing in the year 2000, 8.35% Bonds maturing in the year 2001, 6.50% Bonds maturing in the year 2002, 6.50% Bonds maturing in the year 2003, 6.50% Bonds maturing in the year 2004, 6.50% Bonds maturing in the year 2005, 6.50% Bonds maturing in the year 2006, 6.50% Bonds maturing in the year 2007, 5.50% Bonds maturing in the year 2008, 5.50% Bonds maturing in the year 2009, 5.50% Bonds maturing in the year 2010, 5.50% Said interest shall be payable to the registered owner of any such Series 1990 Bond in the manner provided and on the dates stated in the FORM OF BOND set forth in this Ordinance. 5. (a) The City 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 of the registration and transfer of the Series 1990 Bonds (the "Registration Books"), and the City hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such transfers and registrations under such reasonable regulations as the City and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such transfers and registrations as herein provided. It shall be the duty of the Paying Agent/Registrar to obtain from the registered owner and record in the Registration Books the address of such registered owner of each bond to which payments with respect to the Series 1990 Bonds shall be mailed, as herein provided. The City or its designee shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. Registration of each Series 1990 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 such bond, or any portion thereof in any Minutes of City Council Q-3 Page 480 441 THURSDAY, DECEMBER 6, 1990 rdinance No. integral multiple of $5,000, to the assignee or assignees thereof, and the 0738 cont. right of such assignee or assignees to have such bond or any such portion thereof registered in the name of such assignee or assignees. Upon the assignment and transfer of any Series 1990 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 1990 Bond shall be registered in the Registration Books at any time shall be treated as the absolute owner thereof for all purposes of this Ordinance, whether or not such bond shall be overdue, and the City and the Paying Agent/Registrar shall not be affected by any notice to the contrary; and payment of, or on account of, the principal of, premium, if any, and interest on any such bond shall be made only to such registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sum or sums so paid. (c) The City hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Series 1990 Bonds, and to act as its agent to exchange or replace Series 1990 Bonds, 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 Series 1990 Bonds, and of all exchanges thereof, and all replacements thereof, as provided in this Ordinance. (d) Each Series 1990 Bond may be exchanged for fully registered bonds in the manner set forth herein. Each bond issued and delivered pursuant to this Ordinance, to the extent of the 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 bonds, without interest coupons, in the form prescribed in the FORM OF BOND set forth in this Ordinance, in the denomination of $5,000, or any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute bond shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees, in an aggregate principal amount equal to the unredeemed principal amount of any Series 1990 Bond or Series 1990 Bonds so surrendered, and payable to the appropriate registered owner, assignee, or assignees, as the case may be. If a portion of any Series 1990 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 1990 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 1990 Bonds as provided herein, and each fully registered bond or bonds delivered in exchange for or replacement of any Series 1990 Bond or portion thereof as permitted or required by any provision of this Ordinance shall constitute one of the Series 1990 Bonds for all purposes of this Ordinance, and may again be exchanged or replaced. It is specifically provided, however, that any Series 1990 Bond delivered in exchange for or replacement of another Series 1990 Bond prior to the first scheduled interest payment date on the Series 1990 Bonds (as stated on the face thereof) shall be dated the same date as such Series 1990 Bond, but each substitute bond so delivered on or after such first scheduled interest payment date shall be dated as of the interest payment date preceding the date on which such substitute bond is delivered, unless such substitute bond is delivered on an interest payment date, in which case it shall be dated as of such date of delivery; provided, however, that if at the time of delivery of any substitute bond the interest on the 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 1990 Bond or Series 1990 Bonds 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 BOND set forth in this Ordinance. 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 1990 Bonds surrendered for exchange or replacement. No additional ordinances, orders, or resolutions need be passed or adopted by Minutes of City Council Q-3 Page 481 , THURSDAY, DECEMBER 6, 1990 Ordinance No. the City Council or any other body or person so as to accomplish the 10738 cont. foregoing exchange or replacement of any Series 1990 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, and said bonds shall be of type composition printed on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to Article 717k-6, V.A.T.C.S., and particularly Section 6 thereof, the duty of exchange or replacement of any Series 1990 Bond 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 bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Series 1990 Bonds which originally were delivered pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. Neither the City nor the Paying Agent/Registrar shall be required (1) to issue, transfer, or exchange any bond during a period beginning at the opening of business 30 days before the day of the first mailing of a notice of redemption of bonds and ending at the close of business on the day of such mailing, or (2) to transfer or exchange any bond so selected for redemption in whole when such redemption is scheduled to occur within 30 calendar days. (e) All Series 1990 Bonds issued in exchange or replacement of any other Series 1990 Bond or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Series 1990 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 1990 Bonds, (v) shall have the characteristics, (vi) shall be signed and sealed, and (vii) the principal of and interest on the Series 1990 Bonds shall be payable, all as provided, and in the manner required or indicated, in the FORM OF BOND 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 Series 1990 Bonds, but the registered owner of any Series 1990 Bond requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The registered owner of any Series 1990 Bond requesting any exchange shall pay the Paying Agent/ Registrar's reasonable and standard or customary fees and charges for exchanging any such bond or portion thereof, together with any taxes or governmental charges required to be paid with respect thereto, all as a condition precedent to the exercise of such privilege of exchange, except, however, that in the case of the exchange of an assigned and transferred bond or bonds or any portion or portions thereof in any integral multiple of $5,000, and in the case of the exchange of the unredeemed portion of a Series 1990 Bond which has been redeemed in part prior to maturity, as provided in this Ordinance, such fees and charges will be paid by the City. In addition, the City hereby covenants with the registered owners of the Series 1990 Bonds that it will (i) pay the reasonable and standard or customary fees and charges of the Paying Agent/Registrar for its services with respect to the payment of the principal of and interest on the Series 1990 Bonds, when due, and (ii) pay the fees and charges of the Paying Agent/Registrar for services with respect to the transfer or registration of Series 1990 Bonds solely to the extent above provided, and with respect to the exchange of Series 1990 Bonds solely to the extent above provided. (g) The City covenants with the registered owners of the Series 1990 Bonds that at all times while the Series 1990 Bonds 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 Series 1990 Bonds 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 Series 1990 Bonds, 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 Series 1990 Bonds, by United States Mail, postage prepaid, which notice also shall give the address of the Minutes of City Council Q-3 Page 482 443 THURSDAY, DECEMBER 6, 1990 Ordinance No. new Paying Agent/Registrar. By accepting the position and performing as 10738 cont. 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. 6. The form of all Series 1990 Bonds, including the form of the Comptroller's Registration Certificate to accompany the Series 1990 Bonds on the initial delivery thereof, the form of Paying Agent/Registrar's Authentication Certificate, and the Form of Assignment to be printed on each of the Series 1990 Bonds, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance. �[4M FORM OF BOND UNITED STATES OF AMERICA STATE OF TEXAS COUNTIES OF TARRANT AND DENTON CITY OF FORT WORTH, TEXAS GENERAL PURPOSE BOND SERIES 1990 MATURITY DATE INTEREST RATE ORIGINAL ISSUE DATE CUSIP December 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 promises 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 its redemption prior to scheduled maturity, at the rate of interest per annum specified above, with said interest being payable on March 1, 1992, and semiannually on each September 1 and March 1 thereafter; except that if the Paying Agent/Registrar's Authentication Certificate appearing on the face of this Bond is dated later than March 1, 1992, such interest is payable semiannually on each September 1 and March 1 following such date. THE TERMS AND PROVISIONS of this Bond are continued on the reverse side hereof and shall for all purposes have the same effect as though fully set forth at this place. *THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Bond shall be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity or 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 Bond. The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof as shown by the Registration Books kept by the Paying Agent/Registrar at the close of business on the 15th day of the month next preceding such interest payment date by check, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class 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. Any accrued interest due at maturity or upon redemption of this Bond prior to maturity as provided herein shall be paid to the registered owner upon presentation and surrender of this Bond for redemption and payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Bond that no later than each principal payment and/or interest payment date for this Bond it will make available to the Paying Agent/Registrar from the Interest and Redemption Fund as defined by the ordinance authorizing the Bonds (the "Ordinance") the amounts required to provide to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due. *IN THE EVENT OF A NON-PAYMENT of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment (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 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 Minutes of City Council Q-3 Page 483 1151 THURSDAY, DECEMBER 6, 1990 Ordinance No. prior to the Special Record Date by United States mail, first class postage 10738 cont. prepaid, to the address of each registered owner of a Bond appearing on the registration 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. *IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. *THIS BOND is one of a Series of Bonds of like tenor and effect except as to number, principal amount, interest rate, maturity and option of redemption, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $23,950,000, for the following purposes, to -wit: $21,880,000 for improving and extending streets, thoroughfares and storm drains; $1,800,000 for parks and recreation improvements; and $250,000 for library improvements. *ON MARCH 1, 2000, or on any date thereafter, the Bonds of this Series maturing on March 1, 2001 and thereafter may be redeemed prior to their scheduled maturities, at the option of the Issuer, in whole, or in part, at par and accrued interest to the date fixed for redemption. The years of maturity of the Bonds called for redemption at the option of the City prior to stated maturity shall be selected by the City. The Bonds 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 redemp tion (a) a written notice of such redemption shall be given to the registered owner of each Bond or a portion thereof being called for redemption by depositing such notice in the United States mail, 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 Bond, and the Ordinance provides that the publication of notice as described in (b) above shall be the only notice actually required in the connection with or as a prerequisite to the redemption of any Bond. By the date fixed for any such redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required redemption price for this Bond or the portion hereof which is to be so redeemed, 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 Bond, or the portion hereof which is to be so redeemed, thereby automatically shall be redeemed prior to its scheduled maturity, and shall not bear interest after the date fixed for its redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest to the date fixed for redemption from the Paying Agent/Registrar out of the funds pro vided 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 denomina tions in any integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Ordinance. *ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Ordinance, this Bond, or any unredeemed portion hereof, may, at the request of the registered owner or the assignee or assignees hereof, be assigned, transferred, and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon surrender of this Bond to Minutes of City Council Q-3 Page 484 'IS5 THURSDAY, DECEMBER 6, 1990 Ordinance No. the Paying Agent/Registrar for cancellation, all in accordance with the form 10738 cont. and procedures set forth in the Ordinance. Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/ Registrar, evidencing assignment of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. The form of Assignment printed or endorsed on this Bond may be executed by the registered owner to evidence the assignment hereof, but such method is not exclusive, and other instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond or any portion or portions hereof from time to time by the registered owner. The one requesting such exchange shall pay the Paying Agent/Registrar's reasonable standard or customary fees and charges for exchanging any Bond or portion thereof. The foregoing notwithstanding, in the case of the exchange of a portion of a Bond which has been redeemed prior to maturity, as provided herein, and in the case of the exchange of an assigned and transferred Bond or Bonds or any portion or portions thereof, such fees and charges of the Paying Agent/Registrar will be paid by the Issuer. In any circumstance, any taxes or governmental charges required to be paid with respect thereto shall be paid by the one requesting such assignment, transfer, or exchange as a condition precedent to the exercise of such privilege. In any circumstance, neither the Issuer nor the Paying Agent/Registrar shall be required (1) to make any transfer or exchange during a period beginning at the opening of business 30 days before the day of the first mailing of a notice of redemption of bonds and ending at the close of business on the day of such mailing, or (2) to transfer or exchange any Bonds so selected for redemption when such redemption is scheduled to occur within 30 calendar days. *IN THE EVENT, any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owners of the Bonds. *IT IS HEREBY CERTIFIED AND RECITED that the issuance of this Bond, and the series of which it is a part, is duly authorized by law; that the bonds were approved by a vote of the resident, qualified electors of the City of Fort Worth, Texas, voting at elections held for that purpose within said City on May 22, 1982, March 22, 1986 and July 10, 1990; that all acts, conditions and things required to be done precedent to and in the issuance of this series of bonds, and of this bond, have been properly done and performed and have happened in regular and due time, form and manner as required by law; that sufficient and proper provision for the levy and collection of taxes has been made, which, when collected, shall be appropriated exclusively to the payment of this bond and the series of which it is a part; and that the total indebtedness of said City of Fort Worth, Texas, including the entire series of bonds of which this is one, does not exceed any constitutional, statutory or charter limitation. *BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Ordinance constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, this Bond has been signed with the manual or facsimile signature of the Mayor of said Issuer, attested by the manual or facsimile signature of the City Secretary and approved as to form and legality by 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 Bond. ATTEST: City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: City Attorney (SEAL) Minutes of City Council Q-3 Page 485 4816 Ordinance No. 10738 cont. THURSDAY, DECEMBER 6, 1990 FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been issued under the provisions of the Ordinance described on the face of this Bond; and that this Bond has been issued in conversion of and 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: 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 Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to register the transfer of the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signatures must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. OFFICE OF COMPTROLLER : STATE OF TEXAS NOTICE: The signature above must correspond with the name of the Registered Owner as it appears upon the front of this Bond in every particular, without alteration or enlarge- ment or any change whatsoever. ** FORM OF COMPTROLLER'S CERTIFICATE ATTACHED TO THE BONDS UPON INITIAL DELIVERY THEREOF) 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 val id and binding obligation of the City of Fort Worth, Texas, payable in the manner provided by and in the ordinance authorizing same, and said Bond has this day been registered by me. WITNESS MY HAND and seal of office at Austin, Texas Comptroller of Public Accounts of the State of Texas (SEAL) Minutes of City Council Q-3 Page 486 4S7 THURSDAY, DECEMBER 6, 1990 NOTE TO PRINTER: Ordinance No. *s to be on reverse side of bond 10738 cont. ** not to be on bond 7. That a special fund or account, to be designated the "City of Fort Worth, Texas Series 1990 Bonds Interest and Redemption Fund" is hereby created and shall be established and maintained by said City at its official depository bank. Said Interest and Redemption Fund shall be kept separate and apart from all other ,funds and accounts of said City, and shall be used only for paying the interest on and principal of the Series 1990 Bonds. All taxes levied and collected for and on account of the Series 1990 Bonds shall be deposited, as collected, to the credit of said Interest and Redemption Fund. During each year while any of the Series 1990 Bonds is outstanding and unpaid, the City Council of said City shall compute and ascertain the rate and amount of ad valorem tax, based on the latest approved tax rolls of said City, with full allowances being made for tax delinquencies and costs of tax collections, which will be sufficient to raise and produce the money required to pay the interest on the Series 1990 Bonds as such interest comes due, and to provide a sinking fund to pay the principal of the Series 1990 Bonds as such principal matures, but never less than 2% of the original principal amount of the Series 1990 Bonds as a sinking fund each year. Said rate and amount of ad valorem tax is hereby ordered to be levied and is hereby levied against all taxable property in said City for each year while any of the Series 1990 Bonds is outstanding and unpaid, and said ad valorem tax shall be assessed and collected each such year and deposited 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 the Series 1990 Bonds, as such interest comes due, and such principal matures, are hereby pledged for such purpose, within the limit prescribed by law. 8. (a) In the event any outstanding Series 1990 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 1990 Bond, in replacement for such Series 1990 Bond in the manner hereinafter provided. (b) Application for replacement of damaged, mutilated, lost, stolen, or destroyed Series 1990 Bonds shall be made to the Paying Agent/ Registrar. In every case of loss, theft, or destruction of a Series 1990 Bond, the applicant for a replacement bond shall furnish to the City and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Series 1990 Bond, the applicant shall furnish to the City and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Series 1990 Bond, as the case may be. In every case of damage or mutilation of a Series 1990 Bond, the applicant shall surrender to the Paying Agent/Registrar for cancellation the Series 1990 Bond so damaged or mutilated. (c) Notwithstanding the foregoing provisions of this Section, in the event any such Series 1990 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 1990 Bond, the City may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Series 1990 Bond) instead of issuing a replacement Series 1990 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 1990 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 1990 Bond is lost, stolen, or destroyed shall constitute a contractual obligation of the City whether or not the lost, stolen, or destroyed Series 1990 Bond 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 Series 1990 Bonds duly issued under this Ordinance. (e) In accordance with Section 6 of Vernon's Ann. Tex. Civ. St. Art. 717k-6, this Section of this Ordinance shall constitute authority for the issuance of any such replacement bond without necessity of further action by the governing body of the City or any other body or person, and the duty of the replacement of such bonds is hereby authorized and imposed upon the Paying Agent/Registrar, subject to the conditions imposed by this Section 8 of this Ordinance, and the Paying Agent/Registrar shall authenticate and deliver such bonds in the form and manner and with the effect, as provided in Section 5(d) of this Ordinance for Series 1990 Bonds issued in exchange for other Series 1990 Bonds. Minutes of City Council Q-3 Page 487 11,95 THURSDAY, DECEMBER 6, 1990 9. That the Mayor of the City is hereby authorized to have control Ordinance No. of the Series 1990 Bonds and all necessary records and proceedings pertaining 10738 cont. to the Series 1990 Bonds 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 Series 1990 Bonds, said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate accompanying the Series 1990 Bonds, and the seal of said Comptroller shall be impressed, or placed in facsimile, on each such certificate. 10. That the sale of the Series 1990 Bonds to , at a price of par and accrued interest on the Bonds to the date of delivery, plus a premium of $ , is hereby authorized, ratified and confirmed. The Series 1990 Bonds were sold pursuant to the terms of a "Notice of Sale and Bidding Instructions "Official Bid Form" and "Official Statement", the use of which documents is hereby approved. 11. The Issuer covenants to take any action to assure, or refrain from any action which would adversely affect, the treatment of the Series 1990 Bonds as obligations described in section 103 of the Internal Revenue Code of 1986 (the "Code"), the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows: (a) to take any action to assure that no more than 10 percent of the proceeds of the Series 1990 Bonds (less amounts deposited to a reserve fund, if any) are used for any "private business use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds are so used, that amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Series 1990 Bonds, in contravention of section 141(b)(2) of the Code; (b) to take any action to assure that in the event that the "private business use" described in subsection (a) hereof exceeds 5 percent of the proceeds of the Series 1990 Bonds (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" which is "related" and not "disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental use; (c) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Series 1990 Bonds (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (d) to refrain from taking any action which would otherwise result in the Series 1990 Bonds being treated as "private activity bonds" within the meaning of section 141(b) of the Code; (e) to refrain from taking any action that would result in the Series 1990 Bonds being "federally guaranteed" within the meaning of section 149(b) of the Code; (f) to refrain from using any portion of the proceeds of the Series 1990 Bonds, 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 Series Bonds, other than investment property acquired with -- (1) proceeds of the Series 1990 Bonds invested for a reasonable temporary period of 3 years or less until such proceeds are needed for the purpose for which the bonds are issued, (2) amounts invested in a bona fide debt service fund, within the meaning of section 1.103-13(b)(12) of the Treasury Regulations, and (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Series 1990 Bonds; (g) to otherwise restrict the use of the proceeds of the Series 1990 Bonds or amounts treated as proceeds of the Series 1990 Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); Minutes of City Council Q-3 Page 488 `S9 THURSDAY, DECEMBER 6, 1990 Ordinance No.(h) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Series 1990 10738 cont. Bonds) 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 Series 1990 Bonds have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code; and (i) to maintain such records as will enable the Issuer to fulfill its responsibilities under this section and section 148 of the Code and to retain such records for at least six years following the final payment of principal and interest on the Series 1990 Bonds. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify, or expand provisions of the Code, as applicable to the Series 1990 Bonds, the Issuer will not be required to comply with any covenant contained herein to the extent that such modification or expansion, in the opinion of nationally -recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Series 1990 Bonds under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Series 1990 Bonds, the Issuer agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally -recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Series 1990 Bonds under section 103 of the Code. In furtherance of such intention, the City hereby authorizes and directs the Mayor, the City Manager and the Director of Finance to execute any documents, certificates or 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 Series 1990 Bonds. In order to facilitate compliance with the above covenants (g), (h), and (i), a "Rebate Fund" is hereby established by the City for the sole benefit of the United States of America, and such Fund shall not be subject to the claim of any other person, including without limitation the bondholders. The Rebate Fund is established for the additional purpose of compliance with section 148 of the Code. 12. Interest earnings derived from the investment of proceeds from the sale of the Series 1990 Bonds shall be used along with other bond proceeds for the construction of the permanent improvements set forth in Section 1 hereof for which the Series 1990 Bonds are issued; provided that after completion of such permanent improvements, if any of such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and Redemption Fund. It is further provided, however, that any interest earnings on bond proceeds which are required to be rebated to the United States of America pursuant to Section 11 hereof in order to prevent the Series 1990 Bonds from being arbitrage bonds shall be so rebated and not considered as interest earnings for the purposes of this Section. 13. The Series 1990 Bonds initially shall be issued and delivered in such manner that no physical distribution of the Series 1990 Bonds will be made to the public, and the Depository Trust Company ("DTC"), New York, New York, initially will act as depository for the Series 1990 Bonds. 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 Series 1990 Bonds 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 Series 1990 Bonds on behalf of the Purchaser and its participants. So long as each Series 1990 Bonds 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 Series 1990 Bonds 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 Series 1990 Bonds initially deposited with DTC shall be immobilized and not be further exchanged for substitute Series 1990 Bonds 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 Series 1990 Bonds. It shall be the duty of the DTC Participants, as defined in the Official Statement herein approved, to make Minutes of City Council Q-3 Page 489 ,100 . THURSDAY, DECEMBER 6, 1990 Ordinance No. all arrangements with DTC to establish this book -entry system, the beneficial 10738 cont. ownership of the Series 1990 Bonds, and the method of paying the fees and cargo vans and charges of DTC. The City does not represent, nor does it in any way covenant one cut -away van that the initial book -entry system established with DTC will be maintained in for the Equip- the future. Notwithstanding the initial establishment of the foregoing ment Services book -entry system with DTC, if for any reason any of the originally delivered Division from Series 1990 Bonds is duly filed with the Paying Agent/Registrar with proper James Blood Motors request for transfer and substitution, as provided for in this Ordinance, M&C P-4609 re substitute Series 1990 Bonds will be duly delivered as provided in this purchase of Ordinance, and there will be no assurance or representation that any book - shifter package entry system will be maintained for such Series 1990 Bonds. for City Services 14. That the findings set forth in the preamble to this Ordinance Department from are hereby incorporated into the body of this Ordinance and made a part Stone Bennett hereof for all purposes. 15. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. 16. That 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. 17. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Article 6252-17, Vernon's Annotated Texas Civil Statutes, as amended. M&C P-4605 re There was presented Mayor and Council Communication No. P-4605 from the City maintenance agree Manager stating that the City Council authorized the purchase of the Super ment and support payroll/Personnel software package on July 24, 1979, by Mayor and Council Communication of Super Payroll/ No. P-1323; that Genesys Software Systems has acquired all rights to the product and Personnel] soft- provides maintenance and support for the package; stating that funds are available in ware for Inf orma- General Fund GG01, Center No. 0044000, Account No. 536010; and recommending that the tion Systems and City Council authorize the annual maintenance agreement with Genesys Software Systems Services Depart- for $16,590.00, with the effective date of the contract beginning November 1, 1990, and ment with Genesys ending October 31, 1991. It was the consensus of. the City Council that the Software Systems recommendations be adopted. M&C P-4606 re There was presented Mayor and Council Communication No. P-4606 from the City maintenance agree Manager stating that the City Council approved on July 21, 1981, by Mayor and Council ment with Radix Communication No. C-5781 the purchase of an automated system for the reading of water Corporation for meters; that the City Council on October 31, 1989, by Mayor and Council Communication maintenance of No. P-3790 authorized the annual maintenance of the equipment; that it is requested automated meter this agreement be extended for one additional year; stating that funds are available in reading system f o Water and Sewer Operating Fund No. PE45, Center No. 0604005, and Center No. 0704005, Information Account No. 536010; and recommending that the City Council authorize a one-year Systems and Ser- extension of the maintenance agreement with Radix Corporation for the maintenance of vices Department the automated meter reading system for an amount not to exceed $23,960.00, with the agreement to begin November 1, 1990, and end October 31, 1991. It was the consensus of the City Council that the recommendation be adopted. M&C P-4607 re There was presented Mayor and Council Communication No. P-4607 from the City purchase agreemen Manager submitting a tabulation of bids received for a purchase agreement to provide with Faulk Companj janitorial service for the Public Health Department; stating that funds are available for janitorial in General Fund GG01, Center No. 0501000, Account No. 539120; and recommending that the services for purchase agreement be authorized with The Faulk Company on low bid, meeting Public Health specifications, of $4,915.00 per month, not to exceed $59,980.00 annually, net,f.o.b. Department Fort Worth, with the term of agreement to begin on the date of authorization and end one year later, with two one-year renewal options. It was the consensus of the City Council that consideration of Mayor and Council Communication No. P-4607 be continued for one week. M&C P-4608 re There was presented Mayor and Council Communication No. P-4608 from the City purchase of two Manager submitting a tabulation of bids received for the purchase of two cargo vans and cargo vans and one cut -away van for the Equipment Services Division; stating that purchases will be one cut -away van charged to Equipment Services Operating Fund PI61, Subsidiary Account No. 141700, for the Equip- Center No. 0000000; and recommending that the purchase be made from Janes Wood Motors ment Services on its low bid meeting City specifications of $73,462.00 net, f.o.b. Fort Worth. It Division from was the consensus of the City Council that the recommendation be adopted. James Blood Motors M&C P-4609 re There was presented Mayor and Council Communication No. P-4609 from the City purchase of Manager submitting a quotation received for the purchase of shifter packages for the shifter package City Services Department; stating that purchases will be charged to Equipment Services for City Services Operating Fund PI61, Inventory Subsidiary Account No. 141270, Center No. 0000000; and Department from recommending that the purchase be made from Stone Bennett on quotation of $5,965.50 Stone Bennett net, f.o.b. Carrollton, Texas. It was the consensus of the City Council that the recommendations be adopted. M&C P-4610 re There was presented Mayor and Council Communication No. P-4610 from the City purchase agreemenl Manager submitting a quotation received for a purchase agreement for manufacturer's for purchase of genuine Mack truck replacement parts for the City Services Department; stating that genuine Mack nanu facturer's re- placement parts for City Services Department with Bruckner Truck Sales Minutes of City Council Q-3 Page 490 M&C P-4610 cont. purchase of genuin Mack manufacturer' replacement parts for City Services Department with Bruckner Truck Sales M&C P-4611 re purchase agreement with D.F.M. Car - wash Sales and Services for City Services Departmen THURSDAY, DECEMBER 6, 1990 budgeted funds are sufficient to cover the anticipated expenditure by the department participating in the agreement; and recommending that the purchase agreement be authorized with Bruckner Truck Sales on its quotation of unit prices at manufacturer's suggested list price less 10 to 15 percent, with the term of agreement to begin December 19, 1990, and end one year later with two additional one-year options to renew. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. P-4611 from the City Manager submitting a quotation received for a purchase agreement for carwash maintenance for the City Services Department; stating that budgeted funds are sufficient to cover the anticipated expenditure by the department participating in the agreement; and recommending that the City Council authorize: 1. A purchase agreement with D.F.M. Carwash Sales and Services for the City Services Department on the following unit prices: (1) Monthly Service (2) Replace Brushes $275.00 per month $3,830.00 per set There will be no additional charges for after hours or emergency service. 2. The agreement period to begin January 26, 1991 and end one year later, with options to renew for two additional one year periods. M&C P-4611 adopted It was the consensus of the City Council that the recommendations be adopted. M&C P-4612 re There was presented Mayor and Council Communication No. P-4612 from the City purchase of color Manager submitting a tabulation of bids received for the purchase of a color thermal thermal Lax trans- wax transfer printer for the Transportation -Public Works Department; stating that f er printer for funds are available in General Fund GG01, Center No. 0204002, Account No. 541320; and Transportation and recommending that the purchase be made from Videotex Systems, Inc., on its low bid, Public Works De- meeting specifications of $6,135.00 net, f.o.b. Fort Worth. It was the consensus of partment from the City Council that the recommendation be adopted. Yideotax Systems, Inc. There was presented Mayor and Council Communication No. P-4613 from the City M&C P-4513 re Manager submitting a tabulation of bids received for the purchase of air conditioning purchase of air freon for the Transportation and Public Works Department; stating that funds are conditioning freon available in General Fund GG01, Inventory Subsidiary Account No. 141500, Center No. for Transportation 0000000; and recommending that the purchase be made from Climate Supply Company, Inc., and Public matWorks on its low bid of $5,944.00 net, f.o.b. Fort Worth. It was the consensus of the City Department from Council that the recommendation be adopted. Climate Supply Company. Inc. There was presented Mayor and Council Communication No. P-4614 from the City re Manager submitting a tabulation of bids received for a purchase agreement to provide M&C P-4,514 purhha4e agreement centrifugal pumps and hoses on a daily rental basis for City Departments; stating that to provide centri- budgeted funds are sufficient to cover the anticipated expenditure by each department fugal pumps and participating in the agreement; and recommending that the purchase agreement be hoses on daisy authorized with Barco on its low overall bid of unit prices and that all City rental basis with departments be authorized to participate in the agreement, if needed, effective from Barco date of authorization until expiration one year later. It was the consensus of the City Council that the recommendation be adopted. M&C P-4615 re There was presented Mayor and Council Communication No. P-4615 from the City expenditures in Manager, as follows: excess of $5,000.0 SUBJECT: LIBRARY MATERIALS PURCHASES IN EXCESS OF $5,000.00 WITH A SINGLE each with various VENDOR vendors for librar, materials RECOMMENDATION: It is recommended that the City Council authorize the City Manager to spend in excess of $5,000.00 each with the vendors of library materials listed below. DISCUSSION: The Texas Local Government Code, Chapter 252, Purchasing and Contracting Authority of Municipalities, Section 252.022, General Exemptions, specifically excludes the following categories of materials from competitive bidding and competitive proposal requirements: (a) (7) (A) items that are available from only one source because of patents, copyrights, secret processes, or natural monopolies; (B) films, manuscripts, or books; (E) books, papers, and other library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; Minutes of City Council Q-3 Page 491 4 " Ao, . THURSDAY, DECEMBER 6, 1990 M&C P-4615 re Library Materials (a) (8) a purchase of rare books, papers, and other library materials Purchases with for a public library; various vendors The following is a list of vendors from which the library expects to purchase more than $5,000.00 worth of materials during the current fiscal year, based on experience. Each vendor holds copyrights or exclusive distribution rights for the material it sells. In each case an estimated amount of total purchases has been given and will not be exceeded without further recommendations to the Mayor and City Council. These materials are purchased as sole source items. Vendor Amount Not To Exceed American Genealogical Lending Library $ 5,000.00 American National Standards Institute 10,000.00 Baker & Taylor Continuations 10,000.00 Matthew Bender 7,000.00 Books On Tape 5,000.00 R. R. Bowker 22,000.00 Commerce Clearing House 15,000.00 Congressional Information Service 20,000.00 Data Pro 9,000.00 Disclosure 7,000.00 Dun's Marketing Service 20,000.00 Encyclopedia Britannica Educational Corp. 5,000.00 Films for the Humanities & the Sciences 6,000.00 Gale Research 65,000.00 Information Access 65,000.00 McGraw-Hill 7,000.00 Moody's Investor's Services 12,000.00 National Geographic Society 5,000.00 Precision Indexing 5,000.00 Prentice Hall Information Service 6,000.00 Quality Books 7,500.00 Research Institute of America 10,000.00 Standard & Poor's 15,000.00 University Microfilms International 20,000.00 H. W. Wilson Company 11,000.00 Worldwide Directory Service Company 7,500.00 TOTAL $377,000.00 FINANCING: Sufficient funds are available in the General Fund GG01, Center No. 0842001, Library Department Support Services. Expenditures will be made from Account No. 521340, Library Materials. M&C P-4615 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication P-4615, be adopted. M&C L-10325 re There was presented Mayor and Council Communication No. L-10325 from the City permanent easement Manager recommending that the city pay a consideration of $1.00 for a permanent for the installa- easement located in the south 5 feet of Lot 6, Block 27, Wilshire Addition, located at tion of mid -block 4821 Lubbock; owned by Jimmie Skipworth Britt, and required for the installation of street lighting mid -block street lighting. It was the consensus of the City Council that the easement The acquired as recommended. M&C L-10326 re There was presented Mayor and Council Communication No. L-10326 from the City permanent easement Manager, as follows: and temporary ease ment of sanitary SUBJECT: ACQUISITION OF PERMANENT AND TEMPORARY CONSTRUCTION EASEMENTS/ sewer CONSTRUCTION OF SANITARY SEWER M-245/PARCELS 2, 4, 6, 8, 9, 11 AND 17 RECOMMENDATION: It is recommended that approval be given for the acquisition of the property described below: 1. Project Name Sanitary Sewer Relief Main M-245 2. Type of Acquisition Dedication/Permanent and Temporary Construction Easements 3. Description of Land: Parcel No. 2 Minutes of City Council Q-3 Page 492 493 THURSDAY, DECEMBER 6, 1990 M&C L-10326 cont. Permanent Easement - An irregularly shaped strip of land, 30 feet in permanent easement width out of Tract 4E from the E.M. Daggett Survey, Abstract No. 431, as and temporary ease recorded in Volume 4410, Page 378, Deed Records, Tarrant County, Texas. ment of sanitary This strip of land is approximately 1,314.3 feet in length and extends sewer northeast to southwest across the mid-section of said strip of land, containing 39,818 square feet required for a permanent sanitary sewer easement. Temporary Easement - An irregularly shaped strip of land, 40 feet in width, parallel and adjacent to the north side of said permanent easement containing 52,153 square feet. Parcel No. 4 Permanent Easement - An irregularly shaped strip of land, 30 feet in width out of Tract 17C from the B.E. Waller Survey, Abstract No. 1659, and recorded in Volume 6870, Page 1426, Volume 2958, Pages 508 and 509, Volume 2978, Page 411, Deed Records, Tarrant County, Texas. This strip of land is 30 feet in width, extends westerly 761.05 feet from the midsection of the east side of said tract; then, extends southwesterly 579.80 feet to the south line of said tract. This strip of land contains 53,939 square feet required for a permanent sanitary sewer easement. Temporary Easement - An irregularly shaped strip of land 40 feet in width, parallel and adjacent to the east -west segment of the permanent easement and 20 feet wide on the east and west sides of the north -south segment of the permanent easement, containing 53,939 square feet required for a temporary construction easement. Parcel No. 6 Permanent Easement - An irregularly shaped strip of land, 30 feet in width out of Tract 2 from the J. Sanderson Survey, Abstract No. 1430, as recorded in Volume 3106, Page 32, Deed Records, Tarrant County, Texas. This strip of land extends approximately 968.52 feet from east to west across the midsection of said tract and contains approximately 29,365 square feet required for a permanent sanitary sewer easement. Temporary Easement - An irregularly shaped strip of land, 40 feet in width, parallel and adjacent to the north side of said permanent easement, containing 39,838 square feet required for a temporary construction easement. Parcel No. 8 Permanent Easement - An irregularly shaped strip of land out of Tract 2 from the B.F. Crowley Survey, Abstract No. 307, as recorded in Volume 2195, Page 578, Deed Records, Tarrant County, Texas. This strip of land is 30 feet in width and extends north to south across the midsection of said tract, containing 5,183 square feet required for a permanent sanitary sewer easement. Temporary Easement - An irregularly shaped width, parallel and adjacent to the west side a strip of land, of various widths along the easement, and contains 4,208 square feet as construction easement. Parcel No. 9 strip of land, 15 feet in of permanent easement, and east side of the permanent required for a temporary Permanent Easement - An irregularly shaped strip of land, 30 feet in width out of Tract 3 from the B.F. Crowley Survey, Abstract No. 307, as recorded in Volume 2214, Page 249, Deed Records, Tarrant County, Texas. This strip of land extends 823.66 feet north to south across the midsection of said tract and contains 18,534 square feet required for a permanent sanitary sewer easement. Temporary Easement - An irregularly shaped strip of land, parallel and adjacent to both sides of the permanent easement, containing 21,555 square feet required for a temporary construction easement. Parcel No. 11 Permanent Easement - An irregularly shaped strip widths, out of Tract 4, from the B.F. Crowley Survey, as recorded in Volume 2182, Pages 46 and 87. This westerly 590.39 feet from the midsection of the south to the midsection of the west side of said tract. 11,737 square feet required for a permanent sanitary Minutes of City Council Q-3 Page 493 of land, of various Abstract No. 307, strip of land curves side of said tract This tract contains sewer easement. iI s4 4 THURSDAY, DECEMBER 6, 1990 M&C L-10326 cont Temporary Easement - An irregularly shaped strip of land, 40 feet in permanent easemenl width, lying parallel and adjacent to the west side of permanent and temporary eas easement. This tract contains 7,704 square feet and is required for a ment of sanitary sewer temporary construction easement. Parcel No. 17 Permanent Easement - A strip of land, trapezoid in shape and 30 feet in width, out of Tract 54A from the J. Little Survey, Abstract No. 958, as recorded in Volume 2274, Page 307, Deed Records, Tarrant County, Texas. This strip of land is 800.2 feet in length and lies adjacent to the east boundary of Greenway Park. This tract contains 23,837 square feet and is required for a permanent sanitary sewer easement. Temporary Easement - An irregularly shaped strip of land, 40 feet in width adjacent to and on the west side of the permanent easement and contains 17,590 square feet required for a temporary construction easement. Square Feet: Permanent Temporary Parcel 2 39,818 52,123 Parcel 4 39,519 53,939 Parcel 6 29,365 39,838 Parcel 8 5,183 4,208 Parcel 9 18,534 21,555 Parcel 11 11,737 7,704 Parcel 17 23,837 17,590 Zoning: 02 Flood Plain Map Furnished: yes Parcel Nos.: 2, 4, 6, 8, 9, 11, 17 4. Consideration 1.00 5. Location Along Trinity River east of downtown area 6. Owner Tarrant County Water Control and Improvement District 7. Financing Sufficient funds are available in Sewer Capital Improvements Fund PS58, Account No. 541100, Center No. 016580170810 8. Land Agent Don Shoulders M&C L-10326 It was the consensus of the City Council that the recommendations, as contained in adopted Mayor and Council Communication No. L-10326, be adopted. M&C L-10327 re There was presented Mayor and Council Communication No. L-10327 from the City permanent and Manager, as follows: temporary con- struction easements SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS (3 TRANSACTIONS) RECOMMENDATION: It is recommended that approval be given for the acquisition of the land and/or easements described below: 1. Project Name: M -199B Relief Main Type of Acquisition: Dedication/Temporary and Sanitary Sewer Easements Parcel 1 Description of Land: Sanitary Sewer Easement - An irregularly shaped parcel of land 20 feet in width out of Tract 2, the C. Connelly Survey, Abstract 319 and the R. Bissett Survey, Abstract No. 193, as recorded in Volume 2952, Page 582, Deed Records, Tarrant County, Texas. This easement is located in the east boundary line of the existing drainage and utility easement and is 274.29 feet in length on the south boundary and 216.29 feet in length on the north boundary and contains 4,844 square feet as required for a sanitary sewer easement. Temporary Construction Easement - Two irregularly shaped parcels of land 15 feet each parallel and adjacent to the above described permanent Minutes of City Council Q-3 Page 494 M&C L-10327 cont. re permanent and temporary con- struction easement THURSDAY, DECEMBER 6, 1990 easement, containing 6,689 square feet as required for a temporary construction easement. Square Feet: S.S.E. - 4,844 T.C.E. - 6,689 Zoning: "A: One -Family Parcel No.: 1 Consideration: $1.00 Location: Newport Court at Ridgmar Boulevard Owner: Team Bank, Trustee; Miranda Leonard and Martha V. Leonard Financing: Sufficient funds are available in Sewer Capital Improvements Fund PS58, Account No. 541100, Center No. 016580170810. Land Agent: Jane G. Goodspeed 2. Project Name: Sanitary Sewer Rehabilitation Contract XVIII Type of Acquisition: Outright Purchase/Temporary Construction Easement Description of Land: A rectangularly shaped parcel of land 6 feet in depth and 49 feet in length located adjacent to a 4 foot utility easement at the southerly lot line of Lot 7, Block 1, Jarrell Oakhurst Addition as recorded in Volume 1113, Page 419, Deed Records, Tarrant County, Texas. This parcel of land contains approximately 294 square feet as required for a temporary construction easement. Square Feet: 294 Parcel No.: 2 Consideration: $1.00 Location: 2618 Virginia Court Zoning: "B" Two -Family Owner: Henry N. Strittmatter and wife, Frann L. Strittmatter Financing: Sufficient funds are available in Sewer Capital Improvements Fund PS58, Account No. 541100, Center No. 016580170810. Land Agent: Aleeta Hackney 3. Project Name: Rehabilitation of Sanitary Sewer Main 42, Lateral 527 and Main 383-A Type of Acquisition: Outright Purchase/Permanent Easement and Construction Easement Description of Land: Permanent Easement: A rectangularly shaped parcel of land 15 feet in width and approximately 100.55 feet in length located across the westerly portion of Tract 4C, F. G. Mulliken Survey, Abstract No. 1045, as recorded in Volume 8183, Page 1509, Deed Records, Tarrant County, Texas. This parcel of land contains approximately 1,508 square feet as required for a permanent easement. Construction Easement: A rectangularly shaped parcel of land 25 feet in width and approximately 100.55 feet in length adjacent to the westerly line of said permanent easement. This parcel of land contains approximately 2,514 square feet as required for a construction easement. Square Feet: P. Easement - 1,508 C. Easement - 2,514 Zoning: "D" Multi -Family Parcel No.: 20 Consideration: $1.00 Location: 731 Samuels Avenue Owner: Margaret M. Fenelon and Anna K. Fenelon Minutes of City Council Q-3 Page 495 THURSDAY, DECEMBER 6, 1990 M&C L-10327 cont. Supplemental Information: The City acquired additional right-of-way in re permanent and the form of a temporary construction easement. This easement will allow temporary con- the City the right to extend the existing sanitary sewer line from the struction easements 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. Financing: Sufficient funds are available in Sewer Capital Improvements Fund PS58, Account No. 541100, Center No. 016580170810. M&C L-10329 re There was presented Mayor and Council Communication No. L-10329 from the City deicare d taking Of Manager recommending that the City Council declare the necessity of taking certain land certain lands for for the purpose of constructing essential public improvements heretofore authorized by public improvement the City Council and that the City Attorney be authorized to institute eminent domain and authorized proceedings to acquire an irregularly-shaped permanent easement and an irregularly - eminent domain shaped temporary construction easement out of Tract 1A1, A. F. Albright Survey, proceedings Abstract 1849, as described in Volume 9720, Page 2354, Deed Records, Tarrant County, Texas, said temporary construction easements lying adjacent to and parallel with the east and west lines of the above-described permanent easement; located west of Old Decatur Road, north of Cromwell Marine Creek Road; owned by G. H. Anderson, Trustee; 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-10330 re There was presented Mayor and Council Communication No. L-10330 from the City permanent easemen Manager recommending that the City pay a consideration of $1.00 for a permanent for installation easement in Lot 5, Block 14, Southcrest Addition; located at 5217 Westcrest Drive; of mid -block Land Agent: Aleeta Hackney M&C L-10327 It was the consensus of the City Council that the recommendations, as contained in adopted Mayor and Council Communication No. L-10321, be adopted. M&C L-10328 re There was presented Mayor and Council Communication No. L-10328 from the City declared taking of Manager recommending that the City Council delcare the necessity of taking certain land certain lands for for the purpose of constructing essential public improvements heretofore authorized by public improvement the City Council and that the City Attorney be authorized to institute eminent domain and authorized proceedings to acquire an irregularly-shaped permanent easement and an eminent domain pr 'rregularly-shaped temporary construction easement out of Tract 1A1, A. F. Albright ceedings Survey, Abstract 1849, as described in Volume 9720, Page 2354, Deed Records, Tarrant tempore Garrison introduced County, Texas; same being 848.46 feet along its west line, 184.83 feet along its north Ordinance line, 668.91 feet along its east line, and 31.22 feet along its south line; with the was seconded by Council Member Webber. The motion, carrying with temporary construction easement lying adjacent to and parallel with the east and west lines of the above-described permanent easement; located west of Old Decatur Road, and north of Cromwell Marine Creek Road;,owned by G. H. Anderson; and required for Northside II Water Transmission Main, Phase II. It was the consensus of the City Council that the recommendations be adopted. M&C L-10329 re There was presented Mayor and Council Communication No. L-10329 from the City deicare d taking Of Manager recommending that the City Council declare the necessity of taking certain land certain lands for for the purpose of constructing essential public improvements heretofore authorized by public improvement the City Council and that the City Attorney be authorized to institute eminent domain and authorized proceedings to acquire an irregularly-shaped permanent easement and an irregularly - eminent domain shaped temporary construction easement out of Tract 1A1, A. F. Albright Survey, proceedings Abstract 1849, as described in Volume 9720, Page 2354, Deed Records, Tarrant County, Texas, said temporary construction easements lying adjacent to and parallel with the east and west lines of the above-described permanent easement; located west of Old Decatur Road, north of Cromwell Marine Creek Road; owned by G. H. Anderson, Trustee; 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-10330 re There was presented Mayor and Council Communication No. L-10330 from the City permanent easemen Manager recommending that the City pay a consideration of $1.00 for a permanent for installation easement in Lot 5, Block 14, Southcrest Addition; located at 5217 Westcrest Drive; of mid -block owned by John Dilbeck and Patricia Dilbeck; and required for the installation of street lighting mid -block street lighting. It was the consensus of the City Council that the vacating two recommendation be adopted. M&C L-10331 re There was presented Mayor and Council Communication No. L-10331 from the City permanent and Manager recommending that the City pay a total consideration of $89,536.00 for an temporary con- irregularly-shaped permanent easement and a temporary construction easement out of struction ease- Tract 2A1 of the William McCowan Survey, Abstract 999, as described in Volume 9692, ments Page 555, Deed Records, Tarrant County, Texas, with said temporary construction be adopted. easement lying contiguous with and west of the above-described permanent easement; Introduced an located east of Harmon Road, and north of U.S. 287; owned by Guy Robert Buschman, tempore Garrison introduced Jerita Foley Buschman, Gretchen Buschman Spalten, and Kristen Buschman Hicks; and Ordinance required for Northside II Water Transmission Main, Phase II, Section II, Contract 2; was seconded by Council Member Webber. The motion, carrying with and recommending that a fund transfer in the amount $89,536.00 be authorized from Water Capital Improvement Fund PW77, Center No. 0607701698010, Unspecified to Water Capital Improvement Fund PW77, Center No. 016770140040, Northside II Transmission Main, Phase II, Section II, Contract 2. It was the consensus of the City Council that the recommendations be adopted. M&C PZ -1597 re There was presented Mayor and Council Communication No. PZ -1597 from the City vacating two Manager recommending that an ordinance be adopted vacating two utility easements permanent ease- located in the northeast portion of Block 1, Hulen Mall Addition, as recorded in Volume me n is 388-107, Pages 54 and 55, P.R.T.C.T. It was the consensus of the City Council that the recommendation be adopted. Introduced an Mayor Pro tempore Garrison introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Webber. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: None Minutes of City Council Q-3 Page 496 GE7 THURSDAY DECEMBER 6 1990 The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10742 10742 AN ORDINANCE VACATING, ABANDONING, AND CLOSING AND EXTINGUISHING TWO UTILITY EASEMENTS; PROVIDING FOR REVERSION OF FEE IN SAID LAND(S); REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. MAC PZ -1598 re vacating german- There was presented Mayor and Council Communication No. PZ -1598 from the City e n t easement Manager recommending that an ordinance be adopted vacating the east 2-1/2' of a 7-1/2' wide utility easement located along the rear property line of Lot 44, Block E, Section 3, Cook's Meadow Addition. It was the consensus of the City Council that the recommendation be adopted. Introduced an Ordinance Mayor Pro tempore Garrison introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Webber. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Meadows, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. 107411 ORDINANCE NO. 10741 AN ORDINANCE VACATING, ABANDONING, AND CLOSING AND EXTINGUISHING A PORTION OF A UTILITY EASEMENT; PROVIDING FOR REVERSION OF FEE IN SAID LAND(S); REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. M&C C-12627 re There was presented Mayor and Council Communication No. C-12627 from the City contract with TRB Manager submitting a tabulation of bids received for alley improvements in General and Company for Worth Square; and recommending that a contract be authorized with TRB and Company in alley improvements the amount of $9,999.02 and 30 working days and that the City Manager be authorized to in General Worth's approve a bond fund transfer in the amount $10,998.92 from GS29-020290299010, CBD Square Unspecified, to GS29-020290291250, General Worth Square Alley Improvements, to provide funds for construction plus change orders. It was the consensus of the City Council that the recommendations be adopted. M&C C-12628 re There was presented Mayor and Council Communication No. C-12628 from the City contract with Manager submitting a tabulation of bids received for paving of Ross Avenue from West McClendon Construc Long Avenue to NW 34th Street; and recommending that the City Council: tion Company, Inc. for the paving of 1. Approve the following fund transfers: Ross Avenue from !lest Long Avenue t FROM TO AMOUNT REASON Nil 34 Street GS94-020940099050 GS67-020670401960 $11,760.00 To move property Special Assessments Ross Avenue owners' share of Unspecified Long to NW 34th cost from Revolving Fund to Project Account. GS67-020670409010 GS67-020670401960 $36,531.65 To provide funds for Inner City Streets Ross Avenue the City's share of Unspecified Long to NW 34th construction cost plus $6,000.00 for possible change orders. GR76-005206082350 GR76-005206082390 $18,125.00 To provide funds 13th Year CDBG Ross Avenue for street construc- Inner City Streets Long to NW 34th tion. 2. Authorize the City Manager to execute a contract with McClendon Construction Company, Inc., in the amount of $60,416.65 and 27 working days for the paving of Ross Avenue from W. Long Avenue to NW 34th Street. M&C C-12628 adopted It was the consensus of the City Council that the recommendation be adopted. M&C C-12629 re There was presented Mayor and Council Communication No. C-12629 from the City contract with Manager submitting a tabulation of bids received for the paving of Calmont Avenue from Walt Williams Construction, Inc. for paving of Calnont Avenue fro. La Palma Drive to Las Vegas Trail Minutes of City Council Q-3 Page 497 q8$ M&C C-12628 cont. re contract with Walt Hilliams Construction, Inc for paving of Calmont Avenue fr La Palma Drive t Las Vegas Trail M&C C-12628 adopted M&C C-12630 re Change Order No. 1 with Dickie Carr paving, Inc. for the Long Aven Channel Replace- ment project approved bond fun transfer THURSDAY, DECEMBER 6, 1990 La Palma Drive to Las Vegas Trail; stating that the project is located in Council District 3; and recommending that the City Council: 1. Approve the following fund transfer: FROM GS94-020940099050 Special Assessments Unspecified GS67-020670409010 Inner City Streets Unspecified TO GS67-020670402120 Calmont Avenue La Palma Drive to Las Vegas Trail AMOUNT $64,918.57 GS67-020670402120 $120,988.60 Calmont Avenue La Palma Drive to Las Vegas Trail REASON To move property owner's share of cost from Revolv- ing Fund to Project Account. To provide funds for the City's share of construc- tion cost plus $8,852.72 for possible change orders. 2. Authorize the City Manager to execute a contract with Walt Williams Construction, Inc., in the amount of $177,054.45 and 54 working days for the paving of Calmont Avenue, from La Palma Drive to Las Vegas Trail. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. C-12630 from the City Manager, as follows: SUBJECT: CHANGE ORDER NO. 1 - CHANNEL REPLACEMENT ON NORTH SIDE OF LONG AVENUE AND F.W. AND D.R.R. OVERPASS RECOMMENDATION It is recommended that the City Council: 1. Approve the following bond fund transfer: FROM TO AMOUNT REASON GS67-020670359010 GS67-020670288720 $27,437.06 To provide additional Misc. Streets Lebow/Long Avenue funds for construction. and Drainage Channel Replacement Unspecified 2. Approve Change Order No. 1 in the amount of $27,437.06 and authorize the City Manager to increase City Secretary Contract No. 17844 with Dickie Carr Paving, Inc., to an amount of $139,425.06 for the Long Avenue Channel Replacement project. RnrvnPniiNn- On April 3, 1990 (M&C C-12259), the City Council awarded City Secretary Contract No. 17844 in the amount of $111,988.00 to Dickie Carr Paving, Inc., to make necessary repairs to the storm drain channel at Long Avenue and the Fort Worth and Denver Railroad overpass. During construction it was determined that additional work, involving construction of a six foot wall along the top of the channel for added storm drain water control was necessary. The contractor has agreed to perform this additional work for a total of $27,437.06. The Engineering Staff has reviewed this proposal and agrees that the work is necessary and the cost is reasonable and proper. PROJECT COST AND FINANCING: Original Contract Cost: $111,988.00 Proposed Change Order No. 1: 279437.06 Proposed Contract Cost: $139,425.06 Approval of this Change Order would result in a 24.50% increase in the contract amount. FINANCING: Sufficient funds are available for transfer in Street Improvements Fund GS67, Center No. 020670359010, Miscellaneous Streets and Drainage Unspecified. Upon approval and completion of Recommendation No. 1, sufficient funds will be Minutes of City Council Q-3 Page 498 493 THURSDAY, DECEMBER 6, 1990 M&C C-12530 cont. re Change Order available in street improvements Fund GS67, Center No. 020670288720, No. 1 with Dickie Lebow/Long Avenue Channel Replacement. Expenditures will be made from Account Carr paving, Inc. No. 541200. for the Long Avenue Channel Long A veno It was the consensus of the City Council that the recommendations, as contained in project; anRepd Mayor and Council Communication No. C-12630, be approved. approved bond fund transfer There was presented Mayor and Council Communication No. C-12631 from the City M&C C-12630 adopted Manager, as follows: M&C C-12631 re Approved Change SUBJECT: CHANGE ORDER NO. 2 - NW 19TH AND MACIE STREET STORM DRAIN Order No. 2 with IMPROVEMENTS Walt Williams Con- struction Company, RECOMMENDATION: Inc. for storm drain improvements to It is recommended that the City Council: Northwest 19th and Macie Street 1. Approve the following bond fund transfer: FROM TO AMOUNT REASON GS67-020670289010 GS67-020670288430 $25,204.29 To provide additional Misc. Flood NW 19th and Macie funds for construction. Control Storm Drain Unspecified Improvements 2. Approve Change Order No. 2 in the amount of $25,204.29 and authorize the City Manager to increase City Secretary Contract No. 17465 with Walt Williams Construction Company, Inc., to $463,423.94 for storm drain improvements to NW 19th and Macie Street. RArYnPni1Nn On October 17, 1989 (M&C C-11941), the City Council awarded City Secretary Contract No. 17465 in the amount of $435,994.65 to Walt Williams Construction Company, Inc., for storm drain improvements to NW 19th and Macie Streets. Subsequent to initial construction, the contract was increased by $2,225.00 to a total of $438,219.65 by approval of Change Order No. 1. PROPOSED CHANGE ORDER NO. 2: During construction of this project, it was deemed necessary to add an additional 764 square yards of concrete channel lining and 381 linear feet of chain link fence to the project, in addition to lowering a fence, placing 8 tons of asphalt on driveways, and securing a concrete post. The contractor has agreed to complete this additional work for a total of $25,204.29. The Engineering Staff has reviewed this proposal and finds the costs to be reasonable and proper. PROJECT COST AND FINANCING: Original Contract Cost: $435,994.65 Approved Change Order No. 1: 2,225.00 Proposed Change Order No. 2: 25,204.29 Proposed Contract Cost: $463,423.94 Approval of this Change Order would result in a 5.78% increase in the contract amount. FINANCING: Sufficient funds are available for transfer in Street Improvements Fund GS67, Center No. 020670359010, Miscellaneous Flood Control Unspecified. Upon approval and completion of Recommendation No. 1, sufficient funds will be available in street improvements Fund GS67, Center No. 020670288430, NW 19th and Macie Storm Drain Improvements. Expenditures will be made fromAccount No. 541200. M&C, C-12631 It was the consensus of the City Council that the recommendations, as contained in adopted Mayor and Council Communication No. C-12631, be adopted. M&C C-12632 re There was presented Mayor and Council Communication No. C-12632 from the City amendu ent with Manager stating that the City Council approved City Secretary Contract No. 17076 with Teague, Nall, Teague, Nall, and Perkins, Inc., on April 11, 1989, by Mayor and Council Communication and Perkins, Inc. No. C-11586 in the amount of $77,239.00 for design of the reconstruction of Trinity for additional Boulevard east of SH360; that research and base testing conducted by the engineering services for re- firm revealed that the base failures exist far beyond areas evident on the surface and construction of that it would be more practical and economical to reconstruct the entire boulevard Trinity Boulevard rather than to do a "patch job" to the damaged areas; that the firm agreed to do the from SH36 0 to 1.2 additional testing and design work necessary to provide for full reconstruction at an miles east additional cost of $13,200.00; that design considerations required that the curb line Minutes of City Council Q-3 Page 499 a '�J THURSDAY, DECEMBER 6, 1990 M&C C-12632 cont. be adjusted to minimize damage to the existing established landscaping and sprinkler re amendment with system; that the engineering firm agreed to accomplish this additional work at an Teague, Nall, additional cost of $4,668.00; that the engineering firm was requested to prepare the and Perkins, Inc. construction phasing in addition to providing drawings. for use by the City to obtain for additional temporary construction easements; that the additional engineering services was proposed services for re- to increase the contract by $7,705.00; that a change order has been approved reducing construction of the construction contract to $1,511,084.07; that Teague, Nall, and Perkins proposed a Trinity Boulevard fee increase of $8,780.00 to perform necessary engineering services including from sh360 to 1.2 Preparation of revised quantities, revisions of plan sheets to reflect change in the miles east work, and preparation of Change Order No. 1; and recommending that the City Manager be authorized to execute an amendment to City Secretary Contract No. 17076 with Teague, Nall, and Perkins, Inc., to perform additional engineering services for reconstruction of Trinity Boulevard from SH 360 to 1.2 miles east, increasing the design fee by $8,780.00; and recommending that a bond fund transfer be authorized in the amount of $8,780.00 from GS67-020670959010, Engineering Unspecified, to GS67-020670232070, Trinity Boulevard, to provide funds for additional design fee. It was the consensus of the City Council that the recommendations be adopted. Mayor Pro tempore Garrison made a motion, seconded by Council Member McCray, that Council Member Meadows be permitted to abstain from voting on Mayor and Council Communication No. C-12633. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mayor Pro tempore Garrison made a motion, seconded by Council Member McCray, that the recommendation, as contained in Mayor and Council Communication No. C-12633, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Webber, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Meadows M&C C-12634 re There was presented Mayor and Council Communication No. C-12634 from the City Approved Change Manager, as follows: Order No. 1 with Johnson Yokogawa SUBJECT: PROPOSED CHANGE ORDER NO. 1 TO DISTRIBUTED PROCESS CONTROL AND Corporation for INFORMATION SYSTEM UPGRADE, PHASE I, VCWWTP (JOHNSON YOKOGAWA Distributed Pro- CORPORATION) cess Control and Information System RECOMMENDATION: Upgrade, Phase I It is recommended that the City Council: 1. authorize a bond fund transfer in the amount of $56,223 from Sewer Capital Improvement Fund PS84, Center No. 013840110000, Sewer Interest to Sewer Capital Improvement Fund PS84, Center No. 070840160020, Distributed Process Control and Information System Upgrade, Phase I; and Minutes of City Council Q-3 Page 500 There was presented Mayor and Council Communication No. C-12633 from the City M&C C-12633 re Manager stating that the City Council authorized a contract on May 30, 1989, by Mayor amendment with and Council Communication No. C-11665 with the firm of Freese -Nichols, Inc., in the Freese -Nichols, Inc. for addition- amount of $418,971.00 to provide construction phase engineering services for the S.E. Sanitary Landfill; that the contract was amended to include additional engineering work al engineering in the amount of $14,270.00; that it is proposed the current contract with services Freese -Nichols, Inc., be amended to include additional work involving the Slurry Trench Representative and the Resident Representative at a total amount of $55,283.00; that, prior to beginning construction, soil in the Village Creek flood plain was excavated and used in daily operations at Southeast Landfill; that, in order to reduce the amount of earth fill that would otherwise have been required, the grading plan was modified by Freese -Nichols, Inc., for a fee of $5,014.00; that, during construction of the landfill improvements, additional landfill waste and debris was discovered, excavated, transported inside the landfill and re -landfilled; that it is proposed a study be done to update information on the projected capacity of the landfill and analyze on-site soils that are available for daily cover and final cover at a cost not to exceed $3,554.00; and recommending that the City Council approve a bond fund transfer in the amount of $63,851.00 from GC32-021320011070, City Landfill Improvements, Other Contractual Services Waste Relocation, to GC32-021320011050, City Landfill Improvements Consultant Fee, to fund additional engineering services; and that the City Manager be authorized to execute an amendment to City Secretary Contract No. 17227 with the firm of Freese -Nichols, Inc., providing for additional engineering services in the amount of $63,851.00 and raising the total fee to $497,092.00. It was the consensus of the City Council that the recommendation be adopted. Council Member Meadows requested permision to abstain from voting on Mayor and Council Communication No. C-12633. Mayor Pro tempore Garrison made a motion, seconded by Council Member McCray, that Council Member Meadows be permitted to abstain from voting on Mayor and Council Communication No. C-12633. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mayor Pro tempore Garrison made a motion, seconded by Council Member McCray, that the recommendation, as contained in Mayor and Council Communication No. C-12633, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Gilley, Webber, and Chappell NOES: None ABSENT: None NOT VOTING: Council Member Meadows M&C C-12634 re There was presented Mayor and Council Communication No. C-12634 from the City Approved Change Manager, as follows: Order No. 1 with Johnson Yokogawa SUBJECT: PROPOSED CHANGE ORDER NO. 1 TO DISTRIBUTED PROCESS CONTROL AND Corporation for INFORMATION SYSTEM UPGRADE, PHASE I, VCWWTP (JOHNSON YOKOGAWA Distributed Pro- CORPORATION) cess Control and Information System RECOMMENDATION: Upgrade, Phase I It is recommended that the City Council: 1. authorize a bond fund transfer in the amount of $56,223 from Sewer Capital Improvement Fund PS84, Center No. 013840110000, Sewer Interest to Sewer Capital Improvement Fund PS84, Center No. 070840160020, Distributed Process Control and Information System Upgrade, Phase I; and Minutes of City Council Q-3 Page 500 &C C-12634 cont. e Approved Change rder No. 1 with ohnson Yokogawa orporation for istribution Pro- ess Control and nformation System pgrade, Phase I r THURSDAY, DECEMBER 6, 1990 2. authorize Change Order No. 1 in the amount of $56,222.31 to City Secretary Contract No. 17703 with Johnson Yokogawa Corporation for the Distributed Process Control and Information System Upgrade, Phase I, revising the total contract cost to $1,854,332.31. PROJECT NO: PS84-070840160020 RACKARnuND- On February 27, 1990 (M&C C-12192), the City Council authorized the award of a contract to Johnson Yokogawa Corporation for the Distributed Process Control and Information System Upgrade, Phase I. PROPOSED CHANGE ORDER: In order to use computer controls to operate projects currently under construction, it was deemed necessary to add interim controls for the Phase IIB expansion. These interim controls will monitor and control new facilities until the Phase II controls are installed. The contractor, Johnson Yokogawa Corporation, will perform this additional work for $56,222.31. The proposed changes are as follows: 1. Add the 24 MGD Expansion, Phase IIB controls, that will enable the plant to monitor and control the facilities from the Administration Building @ Lump Sum $ 79,700.25 2. Add terminal facility cabinet TF -09 @ Lump Sum $ 15,742.60 3. Repair damage to backup panel @ Lump Sum $ 249.46 4. Modify the DCS and SC configuration from those specified to the JC 5000 version 3.1 software at a decrease ($39,470.00) TOTAL CHANGE ORDER $ 56,222.31 The net effect of the proposed change order is as follows: Original Contract Cost $1,798,110.00 Proposed Change Order No. 1 $ 56,222.31 Revised Contract Cost $1,854,332.31 The construction manager, Freese and Nichols, Inc., and the staff engineers of the Water Department have reviewed the proposed charges and found them reasonable for similar work. FINANCING: Sufficient funds are available to transfer from Sewer Capital Improvement Fund PS84, Account No. 441082, Center No. 013840110000, Sewer Interest. Upon approval and completion of Recommendation No. 1 in the amount of $56,223.00, sufficient funds will be available in Sewer Capital Improvement Fund PS84, Account No. 541200, Center No. 070840160020, Distributed Process Control and Information System Upgrade, Phase I. Expenditures will be made from Account No. 541200. &C C-12634 adopted It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12634, be adopted. &C C-12635 re There was presented Mayor and Council Communication No. C-12635 from the City u th orized sub- Manager stating that the Texas Department of Community Affairs has notified the City of ission of applica- Fort Worth that $234,883.00 is available for energy crisis assistance; that the ion for Energy allocation is being made with Low Income Home Energy Assistance Program and funds risis Program donated by Exxon Corporation to address the needs of those households experiencing a rant from Texas weather-related crisis; that administrative cost is allowed at a rate of 6.25 percent e pa r tme n t of of the LIHEAP funds for the contract period; stating that funds will be appropriated in ommunity Affairs Grant Fund GR76 upon the receipt of executed contract with the Texas Department of Community Affairs and that no City funds will be required; and recommending that the City Council authorize the City Manager to: 1. submit an application for Energy Crisis Program grant from the Texas Department of Community Affairs for the program year October 1, 1990 through September 30, 1991 in an amount of $234,883.00; 2. accept and execute a contract, if approved, with the Texas Department of Community Affairs; 3. authorize the Accounting Division of the Finance Department, subject to funding agency approval and the City Manager's acceptance of the grant, to establish the specified project account(s) in the City of Fort Minutes of City Council Q-3 Page 501 THURSDAY, DECEMBER 6, 1990 M&C C-12635 cont. Worth's financial accounting system upon receipt of an executed re authorized sub- contract; mission of appli- cation for Energy 4. apply indirect cost in accordance with Administrative Regulation 5-15 Crisis Program (apply the 1990 rate of 18.73 percent), which represents the most grant from Texas recently approved rate for this department; and Department of Community Affairs 5. accept any additional funds offered by the Texas Department of Community Affairs for the Energy Crisis Program during contract year October 1, 1990, through September 30, 1991. M&C C-12635 It was the consensus of the City Council that the recommendations be adopted. adopted There was presented Mayor and Council Communication No. C-12636 from the City M&C C-12636 re Manager, as follows: approved amendment to Fire Protection SUBJECT: AMENDMENT TO BENBROOK FIRE PROTECTION CONTRACT Contract with 11 City of Benbrook II RECOMMENDATION: It is recommended that the City Council approve an amendment to the fire protection contract with the City of Benbrook as outlined below in order to clarify the level of service to be provided Benbrook by the Fort Worth Fire Department. DISCUSSION: On October 2, 1990, City Council approved a contract to provide fire protection service to the City of Benbrook (M&C C-12547). Attachment "C" of that contract defined the level of service to be provided Benbrook as: Level 4 The nearest one company response to fire emergencies and motor vehicle accidents. This level does not include emergency medical services except for those initial actions that may be necessary at a motor vehicle accident. The cost of Level 4 service is 20% of the full per capita cost of Fort Worth fire protection. When the service areas for Stations 23 and 30 were consolidated, it was intended that the personnel assigned to those stations would be available to respond to the area being covered under the contract. The personnel assigned to these two stations constitute what the Fire Department generally refers to as a "one -alarm" assignment to those stations. The direction and control of a Fort Worth Incident Commander and a one -alarm assignment is the minimum effort that would provide reasonable safety to firefighters and provide a resource to quickly control a fire. In addition, the contract fails to mention that in the event resources are required above and beyond those available under a one -alarm response, the City of Benbrook would be asked to respond with personnel and equipment. In an effort to address these concerns, the following amendment to the level 4 service definition is proposed: Level 4 Nearest one -alarm assignment. For this level of service the Fire Department will respond the nearest one -alarm assignment, which includes, on average, two (2) pump companies, one (1) ladder company, and one (1) District Chief. This level of service does not include emergency medical first responder service or hazardous materials response. This level of service also requires the contracting city to supplement the fireground resources by responding up to all available fire personnel and apparatus when requested by the Fort Worth Fire Commander. Such supplemental resources will work under the direction of the Fort Worth Fire Department District Chief or Incident Commander. Level 4 service is 20% of the per capita cost of Fort Worth fire protection. Adoption of this amendment would assure that Benbrook would commit its own fire resources to any incident occurring in the service area based on requests by the Fort Worth Fire Department and improve the safety of Fort Worth firefighters responding to incidents in the Benbrook service area. Minutes of City Council Q-3 Page 502 5('3 THURSDAY, DECEMBER 6. 1990 M&C C-12636 cont. FINANCING: re amendment to Fire Protection No funds will be required. The annual payment from the City of Benbrook will Contract with City remain unchanged. of Bengrook M&C C-12636 adopte It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-12636, be adopted. M&C C-12637 re There was presented Mayor and Council Communication No. C-12637 from the City authorized contract Manager stating that, during the past couple of weeks, Hahnfeld Associates presented to with Hahnfeld the City Council the results of a study that was commissioned to determine the repairs Associates Archi- and improvements necessary to bring the Will Rogers Memorial Complex Auditorium to code tect/Planners for and to eliminate any hazardous conditions that may exist; that, after a review of the design of repairs work that would be required to meet the above objectives, staff was instructed to and improvements to prepare recommendations for improvements that could be accomplished using the existing Will Rogers Memor- auditorium bond funds; and recommending that the City Council: ial Center auditor- ium 1. authorize the City Manager to enter into a contract with Hahnfeld Associates Architect/Planners in the amount of $99,550.00 for the design of the repairs and improvements to the Will Rogers Memorial Center Auditorium; 2. authorize a bond fund transfer from Will Rogers Memorial Complex Fund GC34, Center No. 025340652000, New Exhibit Building, to Will Rogers Memorial Complex Fund GC34, Center No. 025340651000, Will Rogers Auditorium Repairs in the amount of $301,790.58 and; 3. authorize a fund transfer from Will Rogers Improvement Fund GC66, Center No. 025660650060, Public Events Improvements, in the amount of $59,900.78, and Center No. 025660991010, Bond Sale Expense, in the amount of $1,004.22, to Will Rogers Memorial Complex Fund GC34, Center No. 025340651000, Will Rogers Auditorium Repairs. City Manager Ivory amended Mayor and Council Communication No. C-12637, Recommendation No. 3, fourth line, by changing $1,004.22 to $1,073,758.80. Council Member Granger made a motion, seconded by Council Member Chappell, that the recommendation, as contained in Mayor and Council Communication No. C-12637, as amended, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Garrison; Council Members Zapata, Granger, McCray, Meadows, Webber, and Chappell NOES: Council Member Gilley ABSENT: None &C FP -2754 re There was presented Mayor and Council Communication No. FP -2754 from the City ccepted as com- Manager stating that the assessment paving of Lawnwood Avenue from Paradise to South lete assessment Judkins has been completed in accordance with plans and specifications under Contract aving of Lawnwood No. 17683 awarded to Walt Williams Construction Company on January 2, 1990; and venue from Paradis recommending that the City Council accept as complete the assessment paving of Lawnwood o South Judkins Avenue from Paradise to South Judkins; authorize final payment in the amount of $7,244.22 to Walt Williams Construction, Inc.; and approve the final assessment rolls and authorize issuance of certificates in evidence of the special assessments levied against the abutting property owners of Lawnwood Avenue from Paradise to South Judkins, with funds available in Grant Fund GR76, Retainage Account No. 205025, Center No. 000206081340 and Street Improvements Fund GS67, Retainage Account No. 205000, Center No. 000670401770. It was the consensus of the City Council that the recommendations be adopted. &C FP -2755 re There was presented Mayor and Council Communication No. FP -2755 from the City ccepted as com- Manager stating that the Southside Multi -Purpose Parking Lot Repaving has been le to Southside completed in accordance with plans and specifications under Contract No. 17969 awarded ulti-Purpose to S. Hakim Construction on June 12, 1990; and recommending that the City Council enter parking lot accept as complete Southside Multi -Purpose Center Parking Lot Repaving and authorize epaving to S. final payment in the amount of $10,687.50 to S. Hakim Construction with funds available akim Construction in Municipal Service Improvements GS33, Retainage Account No. . 205000, Center No. 000330051000 and Grant Fund GR76, Retainage Account No. 205000, Center No. 000206081290 and Center No. 000206081000. It was the consensus of the City Council that the recommendations be adopted. &C FP -2756 re There was presented Mayor and Council Communication No. FP -2756 from the City ccepted as com- Manager stating that the assessment paving of Yolanda Drive from Jacqueline to Azteca le to paving of has been completed in accordance with plans and specifications under Contract No. 17631 olanda Drive from awarded to Austin Paving Company on January 2, 1990; and recommending that the City acquel i ne to Aztece Council accept as complete the paving of Yolanda Drive from Jacqueline to Azteca and to Austin Paving authorize final payment in the amount of $11,270.45 to Austin Paving Company, with Company I funds available in Street Improvements Fund GS67, Retainage Account No. 205058, Center Minutes of City Council Q-3 Page 503 M&C FP -2756 cont. and adopted M&C FP -2757 re accepted as com- plete paving of College from Jefferson to Jessamine, Grain- ger, from Richmon to Hawthorne, Jennings, from Allen to Hawthron and Lilac from 5t to College to Nal Williams Construc tion, Inc. No. 000670253580. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. FP -2757 from the City Manager stating that the paving of College from Jefferson to Jessamine, Grainger from Richmond to Hawthorne, Jennings from Allen to Hawthorne, and Lilac from 5th to College has been completed in accordance with plans and specifications under Contract No. 17127 awarded to Walt Williams Construction, Inc. on May 16, 1989; and recommending that the City Council accept as complete the assessment paving of College from Jefferson to Jessamine, Grainger from Richmond to Hawthorne, Jennings from Allen to Hawthorne, and Lilac from 5th to College; authorize final payment in the amount of $28,531.72 to Walt Williams Construction Company, Inc.; and approve final assessment rolls and authorize the issuance of certificates in evidence of the special assessments levied against the abutting property owners of the above-specified portions of College, Grainger, Jennings and Lilac, with funds available in Grant Fund GR76, Retainage Account No. 205014, Center No. 000206080500; and Street Improvement Fund GS67, Retainage Account No. 205029, Center No. 000670401330. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2758 re There was presented Mayor and Council Communication No. FP -2758 from the City accepted as com- Manager stating that construction of the Municipal Parking Garage Roof has been pl ete Municipal completed in accordance with plans and specifications under Contract No. 17787 awarded Parking Garage roo to N. C. Sturgeon, Inc., on March 8, 1990; and recommending that the City Council to N.C. Sturgeon, accept as complete construction of the municipal parking garage roof and authorize Inc. final payment in the amount of $19,208.20 to N. C. Sturgeon, Inc., with funds available in Parking Building PE59 GS67, Retainage Account No. 205000, Center No. 0000000. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2759 re There was presented Mayor and Council Communication No. FP -2759 from the City accepted as Manager stating that the Greenbriar Recreation Center Addition has been completed in complete Green- accordance with plans and specifications under Contract No. 17641 awarded to CDC briar Recreation Contractors on December 12, 1989; and recommending that the City Council accept as Center addition complete Greenbriar Recreation Center Addition; authorize the City Manager to approve to CDC Contractors Change Order No. 3 totalling $885.85 increasing the total contract amount to $181,528.16; and authorize final payment on City Secretary Contract No. 17641 in the amount of $18,949.79 to CDC Contractors, with funds available in Park and Recreation Improvements Fund GC23, Retainage Account No. 205000, Center No. 000230420010; Fund GC05, Retainage Account Nos. 205007, and 205000, Center No. 00005040020; and Contract No. CS17641. It was the consensus of the City Council that the recommendations be adopted. Ms. Mary Gene Ms Mary Gene Cope, Chairperson of the Tarrant Area Community of Churches' Cope re contract Committee on Communications, appeared before the City Council and requested that the with Tarrant Area staff of the Cable Office be directed to sign the extension of the contract with the Community of Tarrant Area Community of Churches for renewal for the religious public access channel Churches and to renew the contract for the 1991 period. Mr. Jim Austin Mr. Jim Austin, Vice -Chairman of the Citizen's Cable Board, appeared before the re contract with City Council and read into the record correspondence from the Cable Board, as follows: Tarrant Area Community of December 6, 1990 Churches and read a correspondence from the Cable J. Mitchell Johnson Board P. 0. Box 125 Fort Worth, Texas 76101 Honorable Mayor Bolen Members of the Fort Worth City Council City of Fort Worth Fort Worth, Texas Dear Honorable Mayor Bolen and Member of the Fort Worth City Council On behalf of the Fort Worth Citizens' Cable TV Board, we are writing to inform you that the Board took a unanimous vote that the City Council be informed of our desire for the renewal of the contract between the Fort Worth Cable TV office and the Tarrant Area Community of Churches (TACC) for the management of the religious public access channel. This is detailed in the minutes of our October 1, 1990 meeting. At our December 3, 1990 meeting, the Board learned that the contract with TACC had still not been executed. The Board then voted that its chairman present to you a letter confirming our support for the contract renewal with TACC. In any event, it is our strong feeling that this channel should not be given back to Sammons. Minutes of City Council Q-3 Page 504 Mr. Jim Austin re correspondence read from the Cable Board Mayor Boien re City's consu i tarit on cable televisior Very truly yours, /s/ J. Mitchell Johnson Chairman THURSDAY DECEMBER 6 1990 James N. Austin, Jr. Vice -Chairman Mayor Bolen advised Ms. Cope and Mr. Austin that Mr. Nick Miller, the City's consultant on cable television, will be making a presentation before the City Council regarding the contract. Adjourned 11 There being no further business, the City Council adjourned. CITY SECRETARY MAYOR Minutes of City Council Q-3 Page 505