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HomeMy WebLinkAboutOrdinance 19200-06-2010Ordinance No 19200-06-2010 AN ORDINANCE INCREASING THE. ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GENERAL FUND IN THE AMOUNT OF $538,242.00 FROM AVAILABLE FUNDS FOR THE PURPOSE OF FUNDING THE CONSTRUCTION OF THE BERRYNAUGHN INTERCHANGE ON US HIGHWAY 287 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 2009-2010 in the Budget of the City Manager there shall also be increased estimated receipts and appropriations in the General Fund in the amount of $538,242.00 from available funds, for the purpose of funding the construction of the BerryNaughn Interchange on US Highway 287 SECTION 2. 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 3 That this ordinance shall be cumulative of Ordinance No 18809 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 This ordinance shall take effect upon adoption APPROVED AS TO FORM AND LEGALITY Assistant City Attorney ADOPTED AND EFFECTIVE. 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DATE Tuesday June 22 2010 REFERENCE NO C-24292 LOG NAME 17RS TURNAROUND SUBJECT Authorize Execution of Local Project Advance Funding Agreement the Texas Department of Transportation in the Amount of $1 526 089 00 for the Construction of the BerrylVaughn Interchange on US Highway 287 (Southbound Frontage Road); Authorize Execution of Related Advanced Funding Agreement with Renaissance Square LLC Authorize Execution of Enhanced Community Facilities Agreement with Renaissance Square LLC in the Amount of $199 120 00 for Design Work Associated with the Project; Accept Reimbursement of up to $26 409 00 from Texas Department of Transportation Following Completion of Project and Adopt Appropriation Ordinance (COUNCIL DISTRICT 8) RECOMMENDATION It is recommended that the City Council (1) Authorize the execution of a Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation in the amount of $1 526 089 00 for the construction of the Berry/Vaughn Interchange on US Highway 287 (Southbound Frontage Road) and (2) Authorize the acceptance of up to $26 409 00 from the Texas Department of Transportation after construction of the project in accordance with the Local Project Advance Funding Agreement and Texas Department of Transportation regulations and (3) Authorize the execution of an Advanced Funding Agreement with Renaissance Square LLC to cover the City's matching obligations under the Local Project Advance Funding Agreement and a portion of the design work associated with the project; (4) Authorize the transfer in the amount of $199 120 00 from the 2004 CIP New Development Fund to the General Fund and (5}Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the General Fund in the amount of $538,242 00 from available funds and (6) Authorize the execution of an Enhanced Community Facilities Agreement with with Renaissance Square LLC for design work associated with the project; and (7) Authorize an initial payment to the Texas Department of Transportation in the amount of $25 201 00 DISCUSSION The Renaissance Square Project will be located on a 200 acre site of the former Masonic Home and Logname 17RS TURNAROUND Page 1 of 3 School of East Fort Worth at the southwest corner of US Highway 287 and East Berry Street was presented to the City Council Under an Economic Development Program Agreement between the City and Renaissance Square LLC (the Developer) City Secretary Contract No 39287 the Developer has committed to investing a minimum of $46 million to develop up to 500 000 square feet of retail/restaurant space on 63 acres located at the northern portion of the 200 acre site (M&C C-23400) Currently the project is in the pre-development phase with construction activities to begin in the summer of 2010 The project is scheduled for completion by December 2012 The Texas Transportation Commission (Minute Order No 111335 on April 24 2008) authorized the Texas Department of Transportation (TxDOT) to extend the southbound frontage road from the Berry/Vaughn exit ramp through the intersection and plans for the reconstruction of the intersection signals and street lights The proposed Berry/Vaughn exit ramp project is adjacent to the 200 acre Renaissance Square Project site (Project Site). In order to promote accessibility to Project Site the Developer has requested the City to submit design plans to TxDOT for review and subsequent construction of the Berry/Vaughn exit ramp through a federally sourced Local Project Advance Funding Agreement (LPAFA) The LPAFA requires a 20% local match The Berry/Vaughn exit ramp total project cost utilizing the LPAFA is $1 526 089 00 which includes a required a 20% local match or $305 615 00 The estimated costs for right-of-way acquisition utility relocation and a portion of construction will be paid through the local match funds Description Total Estimate 80 Percent Federal 20 Percent Local Cost Participation Participation R.O W Acquisition $16 788 00 $13 430 00 $3 358 00 Utility Relocation $16 224 00 $12 979 00 $3,245 00 Construction $1 367 070 00 $1 093 656 00 $273 414 00 SUBTOTAL $1 400 082 00 $1 120 065 00 $280 017 00 Direct State Cost $126 007 00 $100 806 00 $25 201 00 TOTAL LPAFA $1 526 089 00 $1,220 871 00 $305,218 00 The Developer will fund the City's $305 615 00 local match requirement pursuant to an Advance Funding Agreement between the City and the Developer The Berry/Vaughn exit ramp design work cost is $206 615 00 The City and Developer will enter into an Enhanced Commuinity Facilities Agreement for the design work, with the City funding $199 120 00 from available Enhanced Community Facilities Bond funds and Developer funding the remaining $7 495 00 The City will retain ownership of the design plans City staff will manage the engineering design right-of-way acquisition and utility relocation for this project. TxDOT will manage the construction of the Berry/Vaughn exit ramp project. Prior to construction TxDOT will schedule public meetings and outreach for the project as necessary Staff is recommending the execution of the Agreements described above and the acceptance of estimated funds from TxDOT This project is located in COUNCIL DISTRICT 8 FISCAL INFORMATION /CERTIFICATION Logname• 17RS TURNAROUND Page 2 of 3 The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance funds will be available in the current operating budget, as appropriated of the General Fund FUND CENTERS TO Fund/Account/Centers 2) GG01 451942 020XXXX 3) GG01 488100 020XXXX 4) GG01 472202 020XXXX GG01 451942 020XXXX 5) GG01 488100 020XXXX 5) GG01 472202 020XXXX 5) GG01 539120 020XXXX FROM Fund/Account/Centers $26,409.00 4) C202 538070 171779990100 $312,713.00 7) GG01 539120 020XXXX $199,120.00 8) GG01 539120 020XXXX $26,409.00 $312, 713.00 $199,120.00 $538,242.00 $199.120.00 $206.615.00 $25,201.00 CERTIFICATIONS Submitted for City Manager's Office Originating Department Head. Additional Information Contact: Logname 17RS TURNAROUND Thomas Higgins (6192) Jay Chapa (5804) Dolores Garza (2639) Cynthia Garcia (8187) Page 3 of 3