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HomeMy WebLinkAboutOrdinance 6766 io AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF FORT WORTH INTEREST BEARING CERTIFICATES OF OBLIGATION THE STATE OF TEXAS COUNTY OF TARRANT CITY OF FORT WORTH WHEREAS, the City Council of the City of Fort Worth, Texas, has heretofore determined that it is to the best interest of the City to improve and extend Fort Worth Municipal Airport (Meacham Field) and to let a contract for such purpose in accordance with Article 2368a,1, V.A.T.S, ; and WHEREAS, it is considered to be in the best interest of the City that interest bearing Certificates of Obligation of the denomination of $5,000 each be issued for such purpose; and WHEREAS, the amounts of money for which the City will be indebted to the contractor for said purpose will be in varying amounts and in some instances the amounts will not be in multiples of $5,000, and claims evidencing undivided interest in said Certificates of Obligation should be delivered to such contractor; and WHEREAS, said claims, to the extent issued, should be assembled and held until the interest bearing Certificates of Obligation of even denominations can be substituted by the City therefor with proper provisions for adjusting the credit balance ] occasioned by odd amounts of the claims and the even denomination of the Certificates of Obligation; j BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF i FORT WORTH, TEXAS: 1, That Certificates of Obligation of the City of Fort Worth, Texas, to be called "CITY OF FORT WORTH CERTIFICATES OF OBLIGATION, SERIES 1973," be issued under and by virtue of Ithe Constitution and laws of the State of Texas, in the amount of $2,310,000, for the purpose of improving and extending Fort Worth Municipal Airport (Meacham Field) , including the acquisitio , of necessary land therefor, and for the purpose of paying all or a part of the engineering and legal fees in connection therewith. 2. That said Certificates of Obligation shall be numbered consecutively from 1 through 462, shall be in the denomination of $5,000 each, and shall become due and payable on February 1 of each of the years as follows: YEARS AMOUNTS YEARS AMOUNTS 1977 $210,000 1983 $210,000 1978 210,000 1984 210,000 1979 210,000 1985 210,000 1980 210,000 1986 210,000 1981 210,000 1987 2101000 1982 210,000 3, That said Certificates of Obligation shall be dated February 1, 1973, and shall be optional for redemption prior to maturity at any time in the manner stated in each Certificate, 4, That said Certificates of Obligation shall bear interest from their date to their respective maturities, or to their respective dates of redemption prior to maturity, at the rate of 42% per annum. Provided, the bank which accepts assign- ment of said Certificates from the bearer shall pay the bearer the par value of said Certificates and shall pay to the City I accrued interest from the date of said Certificates to the date I i �I i of delivery of each Certificate, As to Certificates which are assigned by the bearer after an interest payment date has passed, accrued interest from the said past interest payment date to the delivery date shall be paid to the City. Prior to delivery of said Certificates to a claimant, any matured interest coupons shall be detached and cancelled by the City. 5. That the principal of and interest on said Certificates of Obligation shall be payable in lawful money of the United States of America on February 1, 1974, and annually thereafter on each February 1, while said Certificates are outstanding, upon presentation and surrender of Certificate of Obligation or proper interest coupon, at The Fort Worth National Bank, Fort Worth, Texas, without exchange or collection charges to the owner or holder thereof. 6. That each of said Certificates of Obligation shall be signed by the Mayor and the City Secretary by their facsimile signatures, and countersigned manually by the Director of Finance ; of the City, and approved as to form and legality by the City Attorney, to be evidenced by his facsimile signature. The seal of said City shall be impressed, or placed in facsimile, upon each Certificate herein authorized. 7. That the facsimile signatures of the Mayor and the City Secretary may be lithographed or printed on the interest: coupons attached to said Certificates of Obligation, and said printed or lithographed signatures shall have the same effect as if they had been executed manually by said officers. 8. That the form of said Certificates of Obligation i shall be substantially as follows, to-wit: I f i (FORM OF CERTIFICATE OF OBLIGATION) NO, $5,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF TARRANT CITY OF FORT WORTH CERTIFICATE OF OBLIGATION SERIES 1973 On February 1, 19 , the City of Fort Worth, in the County of Tarrant, State of Texas, promises to pay to bearer the principal amount of FIVE THOUSAND DOLLARS and to pay interest thereon, from the date hereof, at the rate I of 0,% per annum, evidenced by interest coupons payable on February 1, 1974, and annually thereafter on each February 1 i i while this Certificate of Obligation is outstanding. The principal of this Certificate of Obligation and the interest I coupons appertaining hereto shall be payable to bearer, in i lawful money of the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this Certificate of Obligation or proper interest I coupon, at The Fort Worth National Bank, Fort Worth, Texas, which place shall be the Paying Agent for this Series of Certificates of Obligation, This Certificate of Obligation is one of a Series of Certificates of Obligation dated February 1, 1973, issued in the principal amount of $2,310,000, for the purpose of improving and extending Fort Worth Municipal Airport (Meacham Field) , including the acquisition of necessary land therefor, and for I the purpose of paying all or a part of the engineering and legal I fees in connection therewith, I I I I I i This Certificate of Obligation may be redeemed prior to its scheduled maturity, at the option of said City, at any time, for the principal amount thereof plus accrued interest thereon to the date fixed for redemption. At least ten days prior to the date fixed for any such redemption, the City shall cause a written notice of such redemption to be delivered to the Paying Agent specifying the date of redemption and the numbers of such Certificates of Obligation being redeemed. By the date fixed for any such redemption, due provision shall be made with the Paying Agent for the payment of the principal amount of the Certificates of Obligation to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If the written notice of redemption is given, and if due provision for such payment is made, all as provided above, the Certificates of Obligation which are to be so redeemed thereby automatically shall be redeemed prior to maturity, and they shall not bear interest after the date fixed for redemption, and shall not be regarded as being outstanding except for the purpose of receiving the funds so provided for such payment, It is hereby certified, recited and covenanted that this Certificate of Obligation has been duly and validly issued and delivered; that all acts, conditions and things required or proper to be performed, exist and be done precedent to or in the issuance and delivery of this Certificate of Obligation have been performed, existed and been done in accordance with law; and that the City has received full value for this Certificate of Obligation; that this Certificate of Obligation is a general obligation of said City, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate of Obligation, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in said City, and have been pledged irrevocably for such payment, within the limit prescribed by law. In Witness Whereof, this Certificate of Obligation has been signed by the Mayor and the City Secretary of said City by their facsimile signatures and countersigned manually by the Director of Finance of said City, and approved as to form and legality by the City Attorney, evidenced by his facsimile signature, and the official seal of said City has been duly impressed, or placed in facsimile, on this Certificate of Obli- gation, and the interest coupons appertaining hereto have been signed with the facsimile signatures of the Mayor and the City Secretary of said City. City Secretary, City of Fort Mayor, City of Fort Worth, Texas Worth, Texas COUNTERSIGNED: APPROVED AS TO FORM AND LEGALITY Director of Finance, City of City Attorney, City of Fort Fort Worth, Texas Worth, Texas 9. That the form of coupon shall be substantially as follows: (FORM OF INTEREST COUPON) NO. $— On February 1, 19_, the City of Fort Worth, in the County of Tarrant, State of Texas, promises to pay to the bearer, unless due provision has been made for the redemption prior to maturity of the Certificate of Obligation to which this interest coupon appertains, the amount shown on this interest coupon, in lawful money of the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this interest coupon, at The Fort Worth National Bank, Fort Worth, Texas, said amount being interest due that day on the Certificate of Obligation, bearing the number hereinafter desig- nated, of that issue of `City of Fort Worth Certificates of Obligation, Series 1973," dated February 1, 1973. Certificate No, City Secretary, City of Fort Mayor, City of Fort Worth, Worth, Texas Texas 10. That said Certificates of Obligation, in the . authorized amount of $2,310,000, shall be printed. The Certificates of Obligation shall be placed in the custody of the Director of Finance and shall be delivered in installments, as and when and in the amounts necessary from time to time, to contractors, engineers and attorneys furnishing services, persons furnishing land, or to assignees of such contractors,- engineers, attorneys and persons. Under no circumstances shall any of said Certificates of Obligation be delivered by the City except for the purposes for which they are authorized. A finding by the City Council that a specific item of indebtedness was incurred for a purpose for which said Certificates of Obligation are authorized shall be conclusive when contained in an Ordinance or Resolution passed or adopted by the City Council, 11. After claims and estimates shall have been approved by the City Council for any purpose for which said Certificates of Obligation are authorized, the Director of Finance shall deliver to each claimant an amount of Certificates of Obligation not exceeding the amount of the claim, and, for any amount not covered by such delivery of Certificates of Obliga- tion, a claim in substantially the following form may be delivered, to-wit: CLAIM NO. $ This is to certify that the City Council of the City of Fort Worth, Texas, at a meeting held on audited, approved and allowed a claim in favor of for furnished in improving and extending Fort Worth Municipal Airport II (Meacham Field) , for which the City has authorized the issuance of "City of Fort Worth Certificates of Obligation, Series 1973," dated February 1, 1973; that the amount of said claim which is in excess of Certificates of Obligation delivered therefor, is $ , and that said claimant owns that amount of an undivided interest in said Certificates of Obligation not heretofore delivered. ISSUED 19_ Mayor, City of Fort Worth, Texas City Secretary, City of Fort Worth, Texas Director of Finance, City of Fort Worth, Texas 12. As and when said claims shall have been accumu- lated from time to time in amounts not less than $5,000, and when requested by the holder of said claims, the City Council will pass an Ordinance describing said claims and authorizing I i the delivery of said interest bearing Certificates of Obligation to be delivered in exchange for said claims. Credit balances I may be carried in favor of said holder for succeeding install- ment deliveries. On the occasion of the final installment i i i i I i delivery the City shall make cash adjustment with the holder out of funds available therefor. 13. On the occasion of each exchange of claims for Certificates of Obligation, both the City and the holder shall execute receipts, each in favor of the other, to show the sur- render to the City and the receipt thereof of said claims, and the delivery by the City and receipt thereof of said Certificates , i of Obligation. 14. That a special fund or account, to be designated. the "City of Fort Worth Certificates of Obligation, Series 1973, Interest and Sinking Fund," is hereby created and shall be established and maintained by said City at the official deposi- tory bank of said City. Said Interest and Sinking Fund shall The 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 said Certificates of Obligation, All ad valorem taxes levied and collected for and on account of said i Certificates of Obligation shall be deposited, as collected, to the credit of said Interest and Sinking Fund. During each year while any of said Certificates of Obligation or interest coupons I appertaining thereto are outstanding and unpaid, the City Council of said City shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on said Certificates of Obligation as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of such Certificates of Obligation as such principal matures (but never less than 2% of the original amount of said Certificates of Obligation as a sinking fund each year) ; and said tax shall be based on the latest approved tax rolls of said City, with full i i allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in said City, for each year while any of said Certifi- cates of Obligation or interest coupons appertaining thereto are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund, Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of said Certificates of Obligation, as such interest comes due and such principal matures, are hereby pledged ir- revocably for such payment, within the limited prescribed by law. 15. The assignees of said claims and the holders of said Certificates of Obligation are hereby subrogated to all rights which the persons to whom the original Certificates of Obligation and claims were issued had against the City of Fort Worth, Texas, and the assignment or sale of said Certificates of Obligation and claims shall, without specific mention thereof, include all such rights, 16. The fact that the City of Fort Worth urgently needs to finance improvements and extensions to the Fort Worth Municipal Airport (Meacham Field) and to defray all expenses incidental thereto creates an emergency and an urgent public necessity for the immediate preservation of the public health, peace and safety, requiring that this ordinance shall take effect and be in force immediately upon and after its passage, and it is accordingly so ordained, 17. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the i public, and public notice of the time, place and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. PASSED AND APPROVED this llth da of December, 1972. Mayor ATTEST- City Secretary APPROVED AS TO FORM AND LEGALITS� City Attorney City of Fort Worth, Texas °°s" Mayor and Council Communication n414MAM It.&B. DATE REFERENCE SUBJECT: Adoption of Ordinance Authoriz- PAGE NUMBER ing Award of Contract - Taxiway and Iof 4 WARREN 12711/72 C-2401 Runway Improvements for Meacham Field and Adoption of Ordinance Authorizing Issuance of $2,310,000 in Certificates of Obligation Project History Fort Worth's economic history closely parallels the adequacy of its trans- portation facilities. Its early development was rooted in the rail system, which was a major factor in the City's growth and prosperity for decades. With the decline of the railroads and the advent of airlines and highways as prime transportation media, the City maintained its position for a time, pro- viding modern long-distance passenger facilities at Meacham Field throughout the DC-3 era. As air-transport outgrew the DC-3, however, this means of mass transportation outgrew Meacham Field and had to be relocated. Greater Southwest International Airport was developed for this purpose. However, with the consolidation by the airline industry of passenger and air freight service for Fort Worth and Dallas into Love Field, economic development of Fort Worth has been severely restricted for more than fifteen years. Comple- tion of the Regional Airport in 1973 will again bring air transportation and shipping back to a location adequately serving Fort Worth. Meanwhile, how- ever, general aviation jet and twin-engine usage has evolved into an important means of transportation for the key personnel of most of the nation's largest businesses, and close-in facilities for all types of general aviation aircraft are essential to a city's continued prosperity. Unless such facilities are available for Fort Worth as they will be for Dallas with the anticipated conversion of Love Field into a general aviation airport, Fort Worth cannot realize the full economic development potential from its investment in the Regional Airport. Recognizing this condition, the voters of Fort Worth approved an airports improvement bond issue in 1965 to initiate land acquisition for the Regional Airport and for runway extension at Meacham Field to accommodate large general aviation aircraft. Subsequent studies dictated a more costly runway expansion plan, part of which has now been completed. The completion of the proposed runway expansion at Meacham Field will accomplish that purpose and restore Fort Worth to the favorable transportation position on which its prosperity has been historically based. On Fdbruary 22, 1967, the City Council hired consulting engineers to prepare plans and specifications for the relocation of a railroad spur, the acquisi- tion of land, site preparation and construction of a new runway at Meacham Field. The work was scheduled in four phases, three of which (the railroad relocation, land acquisition and site preparation) have been completed. The fourth phase, construction of the runway, was to have been financed through` the sale of bonds which were submitted for approval in the bond election of September, 1970. The bonds were not approved, and the project has since been dormant, pending arrangements for financing that would not require tax supported debt as pr9poped in the 1970 bond election. Approximately DATE REFERENCE SUBJECT: Adoption of Ordinance Authoriz- PAGE NUMBER ing Award of Contract - Taxiway and 4 2 of 12/11/72 C-2401 Runway Improvements for Meacham Field and Adoption of Ordinance Authorizing Issuance of $2,310,000 in Certificates of Obligation $2,318,000 has been spent on the first three phases of the project to date, 50 per cent of which was City funds and 50 per cent matching Federal funds. The grant agreement for the three"phases mentioned above (railroad relocation, land acquisition, and site preparation) will require a refund of all payments (approximately $1,209,000) made to the City by the FAA for this project if a usable North-South Runway is not completed within five years of the date of the grant agreement, which was executed on September 29, 1969. Phase Four Airfield Improvements On November 8, 1971, the City Manager was authorized to execute contract No. 6991 with Carter and Burgess, Inc. , Engineers and Planners, for the design and preparation of plans for the improvements of Meacham Field, Fort Worth Municipal Airport. Scope of Work The improvements consist of the construction of a new 150-foot by 7,500-foot North-South Runway, the reconstruction of a portion of the East-West Runway, a new parallel 50-foot by 2,800-foot North-South Runway, all with related taxiway and other miscellaneous improvements. A grant application for the Meacham Field improvements has been prepared and submitted to the Federal Aviation Administration for approval under FAA Project No. 7-48--0085-01. Submission of Bids Alternate Bid Alternate Bid No. 1 - Cement No. 2 - Asphalt Bidder Treated Base Stabilized Base H. B. Zachry Company, San Antonio $4,293,239.49 No Bid Dahlstrom Corporation, Dallas 4,511,538.49 No Bid Austin Road Company 5,076,229.68 No Bid Texas Bitulithic Company and Brown and Blakney, Inc. , a Joint Venture No Bid $4,560,036.75 Date Bids Received: November 30, 1972 Time Allotted: 370 Working Days One additional pre-qualified bidder took plans and specifications but did not submit a proposal. DAT! REFERENCE SUBJECT: Adoption of Ordinance Authoriz- PAGE NUMBER 12/11/72 C-2 ing Award of Contract - Taxiway and 3 ar 4 Runwa Im rovements for Meacham Field and Adoption of Ordinance Authorizing Issuance of $2,310,000 in Certificates of Obligation Project Cost and Financing The total project cost includes the construction contract, land acquisition, engineering costs, utility adjustments, work to be done by FAA forces for adjustments to FAA facilities and adjustments to U. S. Weather Bureau facilities. The Federal Aviation Agency will share approximately 50 per cent of the cost. A breakdown of the cost is as follows: Total Estimated Project Cost $5,469,555 Estimated Federal Aviation Agency Share 2,734,778 Estimated City Share 2,734-1078 Funds Available from Proceeds of Land Sale at GSIA $ 441,000 (initial payment on selling price of $1,762,500) Balance of Funds Needed to Finance City's Share $2,293,778 It is proposed that the balance of the City's share in the amount of $2,291"$778 be financed by means of certificates of obligation. While this debt requires the pledge of ad valorem tax revenue, it is anticipated that no tax fundb�,. will be required for this project. The recent sale of a portion of GSIA am the anticipated disposal of the balance of this aviation facility after its abandonment as an airport will be more than sufficient to offset the cost of this project. The financing of the City's portion of the cost of this runway extension, by the issuance of $2,310,000 in certificates of obligation, contemplates a maturity schedule of $210,000 per year for eleven years beginning in February 1977, with interest at the rate of 4.50 per cent on the outstanding certificates from the date of their issuance. Interest payments only will be due during the first four years. This maturity schedule coincides with the beginning of payments by James H. Redman on the outstanding principal of the note executed for the land purchased at GSIA. This note provides for interest at the rate of 7.25 per cent on the outstanding balance, with seven principal payments of $189,015 each beginning in October 1976. Assuming the sale of additional GSIA land by 1976, three years after opening of the Regional Airport, no funds derived from taxes will be required for this project. City interest payments compared to receipts from the initial land sale through 1976 are as follows: 1973-74 1974-75 1975-76 Total City Interest Payments $54,000 $103,950 $103,950 $261,900 Interest Received from Land Sale 95,925 95,925 95,925 287,775 Surplus 41,925 - 8,025 - 8,025 25,875 Cumulative Surplus 41,925 33,900 25,875 DATE f REFERENCE SUBJECT: Adoption'of Ordinance Authoriz- PAGE NUMBER ing Award of Contract - Taxiway and 12/11/72 C-2401 Runway Improvements for Meacham Field 4 of 4 and Adoption of Ordinance Authorizing Issuance of $2,310,000 in Certificates of Obligation Recommendations It is recommended that: 1) An ordinance be adopted authorizing the award of a construc- tion contract for airport improvements as described above for the Fort Worth Municipal Airport, Meacham Field, to H. B. Zachry Company based on its low bid of $4,293,239.49, subject to the approval by the Federal Aviation Administration; 2) An ordinance be adopted authorizing the issuance of certificates of obligation in the amount of $2,310,000; 3) Funds in the amount of $441,000 derived from the initial payment on the sale of land at GSIA and deposited in Account No. 105- 43000-106 be reserved to apply as part of the City's share of this project. SUBMITTED BY: DISPOSITIO Y COUNCIL: PROCESSED BY APPROVED ❑ OTHER (DESCRIBE) :,'opted Ordinance No. 6765 Awarding Contract 'GO CITY SECRETARY H. B. Zachry Co. and Ordinance No. 6766 DATE CITY MANAGER /��/ Authorizing Issuance of Certificates of Ubliga ion