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HomeMy WebLinkAboutOrdinance 19378-09-2010Ordinance No 19378-09-2010 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GENERAL FUND 1N THE AMOUNT OF $57 726 00 AND DECREASING THE UNRESERVED UNDESIGNATED GENERAL FUND BALANCE BY THE SAME AMOUNT FOR THE PURPOSE OF FUNDING SERVICES RENDERED FOR THE ROSEMONT PARK COMMUNITY CENTER AND ELEMENTARY SCHOOL JOINT USE FACILITY 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 $57 726.00 and decreasing the unreserved, undesignated General Fund balance by the same amount, for the purpose of funding services rendered for the Rosemont Park Community Center and Elementary School Joint Use Facility 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed SECTION 4 This ordinance shall take effect upon adoption APPROVED AS TO FORM AND LEGALITY Assistant City A orney ADOPTED AND EFFECTIVE. September 28. 2010 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/28/2010 =Ord. No. 19378-09-2010.: DATE Tuesday September 28 2010 LOG NAME 80ROSEMONTISD REFERENCE NO G-17070 SUBJECT Adopt Supplemental Appropriation Ordinance Increasing Appropriations in the General Fund by $57 726 00 and Decreasing the Unreserved Undesignated General Fund Balance by the Same Amount and Authorize Payment of $57 726 00 to the Fort Worth Independent School District for Design Services Rendered for the Rosemont Park Community Center and Elementary School Joint Use Facility (COUNCIL DISTRICT 9) RECOMMENDATION It is recommended that the City Council authorize the City Manager to 1 Adopt the attached supplemental appropriation ordinance increasing appropriations in the General Fund in the amount of $57 726 00 and decreasing the unreserved, undesignated General Fund balance by the same amount; and 2. Make payment in the amount of $ 57 726 00 to the Fort Worth Independent School District for design services rendered for the Rosemont Park Community Center and Elementary School Joint Use Facility DISCUSSION The purpose of this M&C is to authorize payment in the amount of $ 57 726 00 to the Fort Worth Independent School District (FWISD) for reimbursement of design services rendered for the Rosemont Park Community Center and Elementary School Joint Use Facility and identify alternate funding As a result of this project termination these costs are ineligible for capital project funding The 2004 Capital Improvement Program (CIP) allocated $7 500 000 00 for design and construction of three new community centers. One of the facilities to be constructed was to be located in the near southside area of the city in COUNCIL DISTRICT 9 On May 5 2009 (M&C L 14769) the City Council authorized the conversion of approximately 15 45 acres of Rosemont Park for the development of a joint use facility community center/elementary school in partnership with FWISD On June 23 2009 (M&C G-16611) the City Council adopted Resolution No 3752-06-2009 as amended This resolution supported negotiations of an Interlocal Agreement whereby the City of Fort Worth would provide funding up to $2 500 000 00 with FWISD providing $19 177,212 00 together totaling $21 677,212.00 towards design and construction of the proposed facility While design development proceeded the community adjacent to the park initially voiced concern regarding the impact on the open space in the park. Subsequently the community registered its opposition to the project because of the proposed gas well site located just west of the park. From June through November 2009 neighborhood concerns increased regarding the possibility of compromising neighborhhod safety relating to the proposed gas well site and oppostion to the foss of green space in Logname: 80ROSEMONTISD Page 1 of 2 Rosemont Park due to the development of the joint use facility These concerns culminated during a public meeting held in November 18 2009 in which the majority in attendance voiced their oppostion to the development of the project. Subsequently in late December 2009 PACS staff was directed to terminate the project and in turn notified FWISD of the decision On February 18 2010 FWISD submitted to PACS a request for re-imbursement in the amount of $88,490 00 for the City's portion of design costs up to termination of the project. Upon negotiation City and FWISD staff agreed to a re-imbursement amount of $57 726 00 in which both parties found the amount to be fair and reasonable as compensation for FWISD design efforts Rosemont Park is located in COUNCIL DISTRICT 9 and is classified as a community park. FISCAL INFORMATION /CERTIFICATION The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached supplemental appropriation ordinance funds will be available in the current operating budget as appropriated of the General Fund Upon approval the unreseved undesigntaed fund balance of the General Fund will exceed the minimum reserve in the Financial Management Policy Statements. FUND CENTERS TO Fund/Account/Centers FROM Fund/Account/Centers GG01 539120 0809020 $57,726.00 2) GG01 539120 0809020 $57,726.00 CERTIFICATIONS Submitted for City Manager's Office bv. Charles Daniels (6183) Originating Department Head. Richard Zavala (5704) Additional Information Contact: Mike Ficke (5746) Logname• 80ROSEMONTISD Page 2 of 2