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HomeMy WebLinkAboutOrdinance 22201-05-2016 ORDINANCE NO. 22201-05-2016 AN ORDINANCE INCREASING APPROPRIATIONS IN THE PARK VISTA ROAD IMPROVEMENTS PROJECT OF THE TRANSPORTATION IMPACT FEE FUND BY$72,850.00 FOR THE PURPOSE OF RIGHT OF WAY PURCHASES AND DECREASING FUND BALANCE IN THE UNSPECIFIED SERVICE AREA D OF THE TRANSPORTATION IMPACT FEE 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 appropriations in the Park Vista Road Improvements Project of the Transportation Impact Fee Fund in the amount of$72,850.00 for purpose of right of way purchases and decreased fund balance in the Unspecified Service Area D of the Transportation Impact Fee Fund by the same amount. SECTION 2. That, except as otherwise provided, in this section, the legal level of control shall be at the Project level, for which an appropriation is adopted herein. The Chief Financial Officer acting on behalf of the City Manager may, in consultation with a department head, approve the allocation of funds to a lower level (subproject)within the same Project without the approval of the City Council so long as such reallocation otherwise complies with all applicable laws and ordinances and does not result in a net increase to the Project's overall appropriation. SECTION 3. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections,or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 4. That this ordinance shall be cumulative of Ordinance No. 21873-09-2015 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 5. This ordinance shall take effect upon adoption. APPRO.'ED <^.S TO FOR NI AND LEGALITY: Jessica S sang, ssist t Ci Attorney 4aryJ. r, ADOPT AND EFFECTNE: May 10,2016 Ordinance No.22201-05-2016 Page 1 of 1 y Z 0 en m LLI \ \\ Z �s goWN aLL Lu _�---- � ° woo �3� �� � � a - --\--- w m a 04 Y rn CIL z. CL \ - N'o \ z 8Wa \ I g I I 5 I 0 \ KELLER HICKS ROAD ti s 'w Ro \ \ lw Za .�� da ` \ 1�Q � \ La a. I h I I 9g, ' O 1 I jl N$ ul 4 1 anW I I a� I I I to + I I I I I W I I 1 I tl Qs I I I �L'a I a I I I I Q�4 A3° 2 h' � 1 1 I I 1 ' I I MAYOR AND COUNCIL COMMUNICATION MAP PARK VISTA PROJECT PARCEL 8 COUNCIL DISTRICT 7 �- K E LL ER H[CKS I 0.2149 ACRE PARCEL ROW r - 0.0121 ACRE PARCEL -TCE PUBLIC ACCESS EASEMENT 0.1446 ACRES 0.0060 ACRES TCE � DRIVEWAY _ter 6 - 17 p� r- , 81 �b L Copyright 2015 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws.This product is for informational purposes and may not have been FORT WORTH® prepared for or be suitable for legal,engineering,or surveying purposes. It does not 0 105 21 represent an on-the-ground survey and represents only the approximate relative location of property boundaries.The City of Fort Worth assumes no responsibility for Feet the accuracy of said data. kd City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/10/2016 - Ordinance No. 22201-05-2016 DATE: Tuesday, May 10, 2016 REFERENCE NO.: **L-15906 LOG NAME: 21 ROWE2319-08 SUBJECT: Authorize Acquisition of a Fee Simple Interest in 0.2149 Acres and Two Temporary Construction Easements in 0.0181 Acres from Property Owner Minnie Louise Browning aka Minnier Louise Browning for the Amount of$69,850.00, Pay Estimated Closing Costs Up to $3,000.00 for a Total of$72,850.00 for the Park Vista Road Improvements Project and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Park Vista Road Improvements Project of the Transportation Impact Fee Fund in the amount of $72,850.00 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; 2. Authorize acquisition of a fee simple interest in 0.2149 acres and two temporary construction easements in 0.0181 acres from property owner Minnie Louise Browning aka Minnier Louise Browning for the Park Vista Road Improvements Project; 3. Find that the total purchase price in the amount of$69,850.00 is just compensation and pay estimated closing costs up to $3,000.00; and 4. Authorize the City Manager or his designee to accept, convey and record the appropriate conveyance instruments. DISCUSSION: The land for right-of-way must be acquired for the proposed construction of Park Vista Boulevard from Keller Hicks Road to Ray White Road as described in the Economic Development Program Agreement approved by the City Council on March 4, 2014 (Mayor and Council Communication (M&C) 26697). This is a developer funded project. However, the City is providing funding for right-of-way acquisition only from Transportation Impact Fee revenues from Service Area D. This M&C action authorizes acquisition of a fee simple interest in 0.2149 acres and two temporary construction easements in 0.0181 acres for the Park Vista Road Improvements Project to the property owner. The City will construct a driveway on adjoining property already owned by the City to allow the property owner access to her property as part of the negotiation. The City will also reserve a Public Access Easement on the adjoining property to be memorialized in the plat filed by the City or by separate instrument. The property owner has agreed to accept the negotiated amount of$69,850.00 as just compensation. The real estate taxes will be pro-rated with the seller being responsible for taxes up to the closing date. Logname: 21ROWE2319-08 Page 1 of 2 The City will pay closing costs up to $3,000.00. Upon City Council approval, Staff will proceed with acquiring the fee simple and easement interests in the property except for the mineral estate. The deed to the City will contain a surface waiver for the exploration of the mineral estate. Parcel Property Address/Legal Description (— Type of Property/Acres Amount No. 8 — 4216 Keller Hicks Road,Abstract No. 70,Jesse Billingsley Fee Simple/0.2149 Acres $68,850.00 Survey I 8 4216 Keller Hicks Road,Abstract No. 70,Jesse Billingsley Two Temporary Constructions/0.0181 $ 1,000.00 Survey Acres Access Easement/0.1446 Acres and Driveway = losing Costs 3 000.00 otal Amount $72,850.00 This property is located in COUNCIL DISTRICT 7, Mapsco 234-A4. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Transportation Impact Fund. Pending Expenditures/ Project Appropriations Encu_mbrances___FRern a ining Balance Park Vista Boulevard Transportation Impact Fund $2,934,039.00 $2,894,196.00 $39,843.00 FUND IDENTIFIERS (FIDs): TO Fund Department Account Project ProgramActivity Budget Reference # Amount ID ID Year (ChartField 2 1 39008 0200431 4413001 CO2319 CO2341 $72,850.0 11)390081 0200431 CO2319 CO2341 $72,850.00 FROM Fund Department Account Project ProgramActivity Budget Reference # Amount ID ID Year Chartfield 2 1 9008 0060419 4413001 UN9914 UN2300 $72,850.00 3 39008 0200431 5710010 CO2319 CO2341 $71,850.00 3 39008 0200431 5740010 CO2319 CO2341 $1,000.00 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Steve Cooke (5134) Jill D Griffin (6253) Additional Information Contact: Laura B Morales (2311) Logname: 21ROWE2319-08 Page 2 of 2