HomeMy WebLinkAboutResolution 3567-12-2007A Resolution
NO 3567-12-2007
AFFIRMING THAT THE PRIVATE DEVELOPER COMMITMENTS REQUIRED BY THE
TRANSPORTATION LAND USE JOINT VENTURE GRANT PROGRAM HAVE BEEN MET
FOR THE SOUTH OF SEVENTH DEVELOPMENT PROJECT, REQUESTING THAT THE
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS PLACE THE SOUTH OF
SEVENTH PROJECT IN THE STATEWIDE TRANSPORTATION IMPROVEMENT PLAN,
AND AUTHORIZINR THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH
THE TEXAS DEPARTMENT OF TRANSPORTATION RELATED TO THE SOUTH OF
SEVENTH DEVELOPMENT PROJECT
WHEREAS, on October 11 2001 the North Central Texas Council of Governments ("NCTCOG")
nominated the City of Fort Worth ("City") to receive a grant m the amount of $3 625 452 through the
Texas Department of Transportations ("TxDOT") Transportation-Land Use Joint Venture Grant
Program (the `Grant") for the redevelopment of property m the vicinity along and south of West 7`"
Street between University Dnve_and Tr~mty River Park (the South of Seventh Project" or `Project");
and
WHEREAS, pursuant to an agreement with the City the Developer will utilize the Grant funds for the
following work on the South of Seventh Project:
^ Landscaping and mstallahon of drainage and imgation systems along Museum Way and River
Birch Drive from West Seventh Street to the Foch Street connection,
^ Landscaping and pedestrian improvements at other strategic locations wrtlun the Project site,
^ Streetscape improvements along West Seventh Street from Trinity River Park to Umversrty•
^ Construction of concrete sidewalk and curbs wrthm the Project site,
^ A pedestrian bridge traversing the Trinity River and appropriate connection to the Trinity River
Park trail system and Downtown pedestrian walkways,
^ With the concurrence of the City any other such work or construction meeting the goals and
objectives of the Grant and are eligible expenses under the Grant; and,
WHEREAS, the Developer will provide a twenty percent (20%) local match m the amount of $906,364
through cash and/or dedication of land m the South of Seventh Project area, as required by the terms of
the Grant, and pay for addition cost related to the Project above the total amount of the Grant funds, and
WHEREAS, the Developer has agreed to comply with all Federal, State, and local provisions,
regulations and procedures in accordance with the Grant; and
WHEREAS, properly wrthm the Project area has been rezoned to allow mixed-use development and to
implement a redevelopment plan that meets the land use commitments at the Project site, all of which
RESOLUTION NO 3567 12-2007
are required m order for the Crty to be eligible to receive the Grant (collectively the `Grant
Prerequisites"), and
WHEREAS, m order for the Project to be placed m the Statewide Transportation Improvement Plan
(the `STIP") which is required m order for the Crty to obtain the Grant funds from TxDOT NCTCOG
requires that the Crty Council adopt a Resolution stating that the Developer's land dedication and cash
contributions satisfies the twenty percent (20%) local match required by the Grant; that the other Grant
Preregms~tes have been met; and that the Crty Manager is authorized to execute a Grant Agreement with
TxDOT governing the manner m which Grant funds may be used to complete the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH THAT
1 The twenty percent (20%) local match requirement under the Grant will be met through the
dedication of certain land m the South of Seventh Project area by the Developer 507#1 L.P and
cash contributions by Sol #1 L.P Acme Brick Company and the City
2. The additional Grant Prerequisites have been met by the Developer
3 NCTCOG is hereby requested to place the South of Seventh Project m the May 2003 revisions to
the STIP
4 The Crty Manager is hereby authorized to execute a Grant Agreement with TxDOT governing
the manner m which the Grant funds may be used to complete the Project.
AND IT IS RESOLVED
ADOPTED this 18th day of December, 2007
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DEC 1 8 2007
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 12/18/2007 Res No 3567 12 2007 & Ord No 17923-12
2007
DATE Tuesday December 18 2007
LOG NAME 06S07TXDOT REFERENCE NO G 16000
SUBJECT
Authorize Execution of Amendment to Advance Funding Agreement with Texas Department of
Transportation City Secretary Contract No 29678 Related to West Seventh Village (South of 7th)
Project; Authorize Transfers from Capital Projects Funds to Grants Fund and Adopt Appropriation
Ordinance for City's Obligations under Such Amended Agreement; and Adopt Resolution Affirming
that the Requirements of the Transportation-Land Use Joint Venture Grant Program have been met
for such Project
RECOMMENDATION
It is recommended that the City Council
1 Authorize the transfer of $304 722.12 from the 2004 New Development Fund to the Grants Fund to pay
the Texas Department of Transportation s administration fee for the West Seventh Village Project and a
portion of the Museum Way quiet zone improvements
2. Authorize the transfer of $242 394 88 from the 1993 New Development Fund to the Grants Fund to pay
for a portion of the Museum Way quiet zone improvements
3 Adopt the attached Resolution affirming that the requirements of the Transportation-Land Use Joint
Venture Grant Program have been met for the West Seventh Village Project;
4 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $889 587 00' and
5 Authorize the City Manager to execute the attached amendment to City Secretary Contract No 29678
an Advance Funding Agreement with the Texas Department of Transportation that addresses funding
responsibilities for the Project.
DISCUSSION
On January 28 2003 the City Council authorized execution of an Advance Funding Agreement (the
Agreement) with Texas Department of Transportation (TxDOT) for receipt of a Transportation-Land Use
Joint Venture Grant for the West Seventh Village (South of 7th) project, City Secretary Contract No 29678
M&C C-19455 This project consists of three elements 1) Museum Way streetscape improvements and a
railroad crossing quiet zone 2) Lancaster Avenue pedestrian bridge and 3) West Seventh streetscape
improvements (collectively the Project) The quiet zone is completed and the Museum Way streetscape is
expected to be put out for bid in the first quarter of 2008 The Parks and Community Services Department
has hired Freese and Nichols to prepare the design for the Lancaster Avenue pedestrian bridge
Under the original Agreement, the estimated cost of the Project was $3 784 585 of which TxDOT agreed to
Logname 06S07TXDOT Page 1 of 2
contribute $3 027 636 leaving the City responsible for $756 909 Since that time both the cost and scope
of the Project have increased Under the proposed amended Agreement, the estimated cost of the Project
is $4 531 816 of which TxDOT will contribute $3 625 452, leaving the City responsible for $906 364 The
City's portion may be covered through land dedication or cash or a combination thereof To date $869 247
of the City's portion has already been accounted for' (i) pursuant to an Economic and Community
Development Agreement between the City and Sol #1 L.P (the developer of the South of 7th
townhomes) Sol #1 L.P contributed $10 000 in cash and $795 410 in land dedication and (ii) as outlined
in M&C G-15468 adopted by the City Council on October 24 2006 Acme Brick Company contributed
$63 837 in cash The remaining $37 117 for which the City is responsible under the amended Agreement is
included in the attached appropriation ordinance This sum covers a new standardized 4.27 percent
administration fee charged by TxDOT for all locally let projects including this Project.
The ordinance also appropriates an additional $342,470 from TxDOT (consisting of $148 467 non-cash and
$194 003 cash contributions) which added to an additional $255 346 in TxDOT funds previously
appropriated pursuant to M&C G-15468 covers all of TxDOT's added costs under the amended
Agreement. The remaining $510 000 appropriated in the ordinance covers the cost of the railroad crossing
quiet zone for Museum Way which the City agreed to pay for in accordance with a Community Facilities
Agreement between the City and Sol #1 L.P City Secretary Contract No 29230 M&C C-19454 as
amended by City Secretary Contract No 32291 M&C C-20918 City staff initially pursued reimbursement
for the quiet zone expenses from the Project grant funds available under the Agreement, but the expedited
timing of construction would not accommodate the required TxDOT design review period and thus
disqualified the project for reimbursement. Staff recommends transferring $510 000 from the Capital
Projects Fund to the Grants Fund to cover this liability
The attached Resolution required by TxDOT states that the City has met all of its requirements under the
Transportation-Land Use Joint Venture Grant Program Upon approval of this M&C and adoption of the
attached Resolution the City will be in such a position
This project is located in COUNCIL DISTRICT 9
FISCAL INFORMATION/CERTIFICATION
The Finance Director 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 Grants Fund
TO Fund/Account/Centers FROM Fund/Account/Centers
(~ GR76 472202 022302898000 $304.722.12
l2) GR76 472113 022302898000 $242,394.88
(4) GR76 451962 022302898000 $148.467.00
(4) GR76 451942 022302898000 $194,003.00
(4) GR76 541200 022302898020 $889,587.00
(2) C113 538070 020113136360 $242,394.88
(1) C202 538070 229770010880 $304,722.12
(4) GR76 541200 022302898020 X37,117.00
Submitted for City Manager's Office b~
Originating Department Head.
Additional Information Contact:
Dale Fisseler (6266)
Fernando Costa (8042)
Randy Hutcheson (8008)
Logname 06S07TXDOT Page 2 of 2