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HomeMy WebLinkAboutOrdinance 10881~, ORDINANCE NO~~ AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE ALLIANCE AIRPORT FUND IN THE AMOUNT OF $20,000 00 FOR THE PURPOSE OF SETTLING PENDING LITIGATION FOR STATE HIGHWAY 170, PROVIDING FOR A SBVERABILITY 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 1 That in addition to those amounts allocated to the various City departments for the Fiscal Year 1990-91 and in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Alliance Airport Fund in the amount of $20,000 00 for the purpose of settling pending litigation for State Highway 170 SECTION 2. Should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgement shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect SECTION 3 That this ordinance shall be cumulative of Ordinance No 10652 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed SECTION 4 The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and effective date into the minutes of the City Council and by filing this ordinance in the ordinance records of the City of Fort Worth 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 APPROVED AS TO FORM AND LEGALITY f ------------ ~EPw-'YCity Attorney Date ____Z ~ 2 3~ 4 ~_____ _____ Adopted __1_~~L~ ~_~1_________-- Effective ' / ~~`~ ~~ grcou.oirin.L~•.~ C~a~ v Of l ~V, f~ ~~V/ /~~ i G~WJ YIIAPESPQr'i'T1T~4£;Pd,~uyoy, ay~d ~u~,~,ir Cann~nunicati~m to n r'~R ~ADMltdit:; FAYi0t1 ~' /!7^AL ~~U" L•L F~7~ATE5 REFEREN E NUMBER LOG NAME PA E 07/23/91 **L-10563 16BLUBAU 1 of 1 SUBJECT CITY OF FORT WORTH VS. M.A BLUBAUGH TRUSTEE M.A. BLUBAUGH CHILDREN'S , TRUST HARVEY FAMILY CHILDREN'S TRUSS" THE COUNTY OF TARRANT, THE NORTHWEST INDEPENDENT SCHOOL DISTRICT AND R.P. ~ULLARD RECOMMENDATION: It is recommended that the City Council• 1. Accept a contribution from Hillwood Development Corporation in the amount of $20,000 for the purpose of settling pending litigation for State Highway 170, and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $20,000.00, and 3. Approve the expenditure of an additional $5,150.00 as a deposit to the Court in settlement of all claims arising from Cause No. 141-126012-90. DISCUSSION: On March 13, 1990 this condemnation case (M&C L-10052) was instituted after the City and the landowner were unable to agree on fair compensation for the landowner's property needed for the construction of State Highway 170. The special commissioners assessed the damages to the landowner's property and awarded $24,400.00. The City deposited the award with the Court and proceeded with the work. The defendant filed objections to the award. After lengthy negotiations, the landowner has agreed to settle all claims against the City and to join the City's dismissal of the case in return for an additional $5,150 00, for a total of $29,550.00. The departments of Real Property and Law recommend settlement of the case. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that funds required for this expenditure are available in the current capital budget, as appropriated, of the Alliance Airport Fund. The $14,850 00 remaining out of the $20,000.00 contribution from Hillwood Development, after payment of this $5,150.00, will be available for settlement of other land litigation at Alliance Airport. RG:b Su mitte for City Manager's ff FUND ACCOUNT CENTER AMOUNT ~,,,.C,ITY9lSE-CR ,T RY O ice by to :-~r i ~~~ b ~-µ ~ 1 GC49 488395 01613611700 20,000 0 ~',~~ ~ U~tr~L Ramon Guajardo 6143 2 GC 9 4 8395 01613611700 20,000 0 Originating Department Head 2 GC49 541100 01613611700 20,000 0 R(~Op~BCI o`+t1~% J tl L ~~ 199 Jane Goodspeed 8363 from 3 GC49 541100 01613611700 5,150 0 n For Additional Information t~~ ~~ ,c C ontact J f the ane Goodspeed 8363 ~~~~ s~letarY o ., ZTJozch, Texa/ ~L ~r~ Printed on recycled paper