HomeMy WebLinkAboutOrdinance 22023-01-2016 ORDINANCE NO.22023-01-2016
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE
PARK VISTA ROAD IMPROVEMENT PROJECT OF THE TRANSPORTATION IMPACT
FUND IN THE AMOUNT OF $880,750.00 FOR RIGHT-OF-WAY ACQUISITION COSTS AND
REDUCE THE FUND BALANCE IN THE UNSPECIFIED CENTER (SERVICE AREA D) OF
THE FUND BY THE SAME AMOUNT; ESTABLISHING A LEGAL LEVEL OF CONTROL;
PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE
OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
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 Fiscal Year 2015-2016 in the Budget of the
City Manager, there shall also be increased estimated receipts and appropriations in the Park Vista Road Improvements
Project of the Transportation Impact Fund in the amount of$880,750.00 for right-of-way acquisition costs and reduce the
fund balance in the Unspecified Center(Service Area D)of the Fund by the same amount.
SECTION 2.
That, except as otherwise provided, in this section, the legal level of control shall be at the Project level, for which an
appropriation is adopted herein. The Chief Financial Officer acting on behalf of the City Manager may, in consultation with
a department head, approve the allocation of funds to a lower level (subproject)within the same Project without the approval
of the City Council so long as such reallocation otherwise complies with all applicable laws and ordinances and does not
result in a net increase to the Project's overall appropriation.
SECTION 3.
That 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 judgment 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 4.
That this ordinance shall be cumulative of Ordinance No. 21873-09-2015 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hereby expressly repealed.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 5.
This ordinance shall take effect upon adoption.
APPR VED AS TO FORM AND LEGALITY:
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Jessica n> var�g, stl'C ilyttc> riey - Mary J. lay r, 5c
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ADOP"I" �D AND EFFECTIVE: January 12,2016
Ordinance No.22023-01-2016
Page 1 of 1
COMMUNICATION MAYOR AND COUNCIL
4200 KELLER HICKS ROAD
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T OF WAY ACQUISITION AF
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: °Approved on 1112/2016 - Ordinance No. 22023-01-20116
DATE: Tuesday, January 12, 2016 REFERENCE NO.: **L-15851
LOG NAME: 1 7 - 1 /
SUBJECT:
Authorize Acquisition of a Fee Simple Interest a Total of 0.7976 Acres of n d Located at 4200 Keller
Hicks Road from it Kamisa in the Amount of$400,000.00, Pay Estimated Closing s Up to $12,000.00
for a Total Cost of 12,000. 0 and Authorize Payment of eloc io Assistance in the Estimated Amount
of$161,120.00 for the Park Vista Improvement Proj c n d Adopt Appropriation r in nce
(COUNCIL ITICT 7)
RECOMMENDATION:
It is recommended that the it Council:
1,. Adopt the attached appropriation ordinance increasing estimated receipts r ri i in the
Park is Road Improvement rojec of the Transportation Impact Fund in the amount of ,7 0.0 for
right-of-way cuiition costs and reduce the fund balance in the Unspecified Center, Service Area D, of
the Fund by the same amount;
2. Authorize the acquisition of a fee simple interest on 0.7976 acres of land located at 4200 Keller Hicks
Road, Fort , Texas, from it Kamisa at a total purchase price of ;
3, Find that the total purchase price of$400,00 . 0 is just compensation;
4. Authorize the City Manager or his designee to accept the conveyance, pay just compensation, record
the appropriate instruments a estimated closing costs up to $12,000.00; and
5. Authorize the y n t of estimated relocation assist nc s i t amount of 1 1,120. .
DISCUSSION:
The purpose this Mayor and Council Communication ( ) is to authorize acquisition of property for a
road project and to appropriate transportation impact fees to fund for that acquisition and a past impact-
fee eligible c uisition that was originally funded from rocee s.
Current ROW Acquisition:
This fee-simple land acquisition is required for right-of-way for the proposed construction of Park Vista
Boulevard from ellr Hicks Road to Ray White o cri in the Economic Development
Program r e approved City Council on March 1 ( - 7). Road construction is
developer funded project; however, the City is providing funding for only the right-of-way uisition
costs from Transportation Impact Fee funding. Total right-of-way costs for the entire roj c are estimated
to be approximately 3,00 n funs will be appropriated as parcels are acquired.
1,c e: 21 O 7270-231 9/07 Page 1 of 3
An independent appraisal was acquired and Nir Karnisa has agreed to the appraised amount of
00„000.00. The real estate taxes will be pro--rated with the seller being responsible for taxes due up to
the closing date. The City will pay closing costs in an amount up to 12,000.00.
As of September 1 2011, in accordance with State law, the City is required to provide relocation
assistance in accordance with the Uniform Relocation Assistance and Real Property Acquisitions Policy
Act (URA). These services are provided to qualifying individuals and business owners who are displaced
by public projects from their homes and/or business locations. For this acquisition, the tenant is eligible to
receive relocation assistance. Displacees have up to 18 months to file a claim for their relocation
assistance payments. The actual amounts to be paid will be determined by the type of payments the
displacees qualify for and the total costs of their moving expenses. The Business Relocation costs is an
estimated Business Relocation costs and do not have a cap and therefore„ they can be unlimited. The
relocation costs will be paid out of the 2014 Bond Program Intersection Improvements Fund.
Upon City Council approval, Staff will proceed with acquiring the fee simple interest in the properties
except for the mineral estate. The deeds tot the City will contain surface waivers fort the exploration of
mineral estate.
Panel Proper L+ gal a of Property YIF� P rty oreage �
Mo Add _ _ _.__
07 X200 Keller bstract o. 70„ CFee 07070 Acres $400,
Hicks Road ;Jessie Billingsley i'imple/Irnprovernents
Survey
EUosing Costs 12u000,00
Lrr�ount_q ..____ �42,1 .....m...... ...._
and .Ac uisition i
Estimated
Relocation 161,120.00
Assistance
Appro ,ri king Irntaact®F_pg Rpyenue for Prior Acquisition:
In addition to the current purchase, approval of this M&C allocates $400,750.00 in impact fee revenue to
pay for another acquisition that was originally funded from bond proceeds, thereby making that same
amount of on funds available for other street and transportation bond projects. On January 27, 2015,
the City Council authorized the acquisition of a fee simple interest, a permanent drainage easement and
temporary construction easement on a total of .7 3 acres of land located at 4208 and 4170 Keller Hicks
Road from Grover and Janice Browning with funding from the 2014 Bond Program (M&C L-1 751)„ The
acquisition costs for obtaining that right-of-way are eligible for transportation impact fee funding and
approval of this M&C will appropriate funding in the Transportation Impact Fee Fund to cover the
acquisitions costs, which will allow Staff to move those expenses from the 2014 Bond Fund to the Impact
Fee Fund'„ effectively reimbursing the 2014 Bond Program for the eligible costs which total
$455,750.00. Because relocation costs are not an eligible expenditure of impact fee revenue„ those
expenses will still be funded from the 2014 Bond Program.
portion of N project is included in the 2014 Bond Program. Available resources within the General
Fund will be used to provide interim financing forthese expenses until debt is issued. Once debt
associated with this project is sold bond proceeds will reimburse the General Fund, in accordance with
the statement expressing official Intent to Reimburse that was adopted as part oft the ordinance
canvassing the bond election - Ordinance No. 21241 05-2014.
This property is located in COUNCIL DISTRICT 7, Mapsco 22L.
t,,ognarnc: 2 t R.O J1=x,'72070-•23.t 9/0°7 Page 2 of 3
This M&C does not request approval of a contract with a business entity,,
................ ......... ............. .............._.. ......------
FISCAL INFORMATION CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
funds will be available in the current capital budget, as appropriated, of the Transportation I'mipact Fund
and that funds are included in the Fiscal '(ear 2015 Adopted Budget of the 2014 on Program, pursuant
to Ordinance No. 21457-09-2014. Further, funds are available in the General Fund to pay expenses
which will be incurred in the 2014 on Program on this contract until reimbursement can occur from the
issuance of public securities,.
..........
FUND IDENTIFIERS Ds
AfL-J:
TQ ........................... ................ -- -------------------
Fund Department ccount A Project Program cti
Avity Budget Reference # Amount
ID ID Year ield
.......... .......... ------_---------- ._..(Chartf
.............
39008 0060419 4413001 UN UN2300 880,750.00
1 39006 9 UN UN2300 880,750,00
....... ................. .................. ........ .... ......................
2)39008 0200431 4413001 002319 C03941 880,750 00
5 03941 5 010208 468,7500
706543-i :� �ff - - -� - ........................................
................ ............... ......................................... .........
FROM ........................ ............� ............. ....... ................. .............____ ............
Fund Department Account Project ProgramActivity Budget Reference # Amount
ID ID )
..........................
39008 0060419 5710010 LJN9914 UN2300 $ 750M
............... .............. ........................ ............
39008 0200431 5710010 002319 CO2341 $412,OQ QQ
020043 1_. 10 CO2319 0 941 2015 14010208 4161,120.qq
R6 N] _-J.", 3
.......... .........................................
.......... ......
CERTIFICATIONS:
Submitted foLgfty Manager's Office lam Jay Chapa (8504)
Ori in t jR Department Head., Steve Cooke (5134)
Additional Information Contact: Jill D Griffin (6253)
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