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HomeMy WebLinkAboutOrdinance 22863-09-2017 Ordinance No. 22863-09-2017 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE AMOUNT OF $125,000.00 IN THE PARK DEDICATION FEES FUND, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF FUNDING THE ACQUISITION OF 4501 EAST BERRY STREET FOR PARK PROPERTY; 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 2016-2017 in the Budget of the City Manager,there shall also be increased estimated receipts and appropriations in the amount of $125,000.00 in the Park Dedication Fees Fund, from available funds, for the purpose of funding the acquisition of 4501 East Berry Street for park property. 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 22394-09-2016 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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: CITY SECRET Y Leann D. Guzman J Mary J. Ka4r r Sr. Assistant City Attorney ADOPTED AND EFFECTIVE: September 12, 2017 MAYOR AND COUNCIL COMMUNICATION 21 TF SALE 4501 E BERRY TO PARD BU Is N I i, T 1.88 acres ' 5i Lu yk fir. -4�'� 287 w .. FtICHAf 4N or .- f _ - s ♦ s Copyright 2015 City of Fort Worth.Unauthorized reproduction is a violation of applicable Feet FORT WORTH laws.This product is for informational purposes and may not have been prepared for or 0 60 120 240 be suitable for legal,engineering,or surveying purposes.It does not 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 the accuracy of said data. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/12/2017 - Ordinance No. 22863-09-2017 DATE: Tuesday, September 12, 2017 REFERENCE NO.: **L-16075 LOG NAME: 21TF DIRECT SALE 4501 E BERRY TO PARD SUBJECT: Authorize the Direct Sale of Tax-Foreclosed Property Located at 4501 East Berry Street to the City of Fort Worth a Total Purchase Price of$122,850.00 in Accordance with Section 34.05 of the Texas Property Tax Code, Adopt Appropriation Ordinance and Dedicate Property as Edgewood Park (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing appropriations in the Park Dedication Fees Fund in the amount of$125,000.00 from available funds for the acquisition; 2. Authorize the direct sale of tax foreclosed property located at 4501 East Berry Street to the City of Fort Worth for a total purchase price of$122,850.00 in accordance with Section 34.05 of the Texas Property Tax Code; 3. Authorize the purchase of 4501 East Berry Street by the City of Fort Worth in the amount of $122,850.00, including post judgment taxes and fees; 4. Authorize the City Manager or his designee to execute all necessary documents to complete the transaction and to record the appropriate instrument; and 5. Dedicate the property as Edgewood Park. DISCUSSION: The City Park and Recreation Department submitted a Direct Sale Request to the Property Management Department to purchase the tax-foreclosed property referenced below. The City of Fort Worth (City) received the property through a Constable Sale after a tax foreclosure suit. In accordance with Section 34.05 of the Texas Tax Code, the City is authorized to conduct a direct sale of tax-foreclosed property. The taxing entities have approved the direct sale purchase price which includes court costs, administrative and maintenance program fees and post judgment taxes. The Planning and Development Department has reviewed the current zoning of the property and has determined that the zoning classification is compatible with respect to existing land use, the existing land uses of the surrounding neighborhood and future land use designations indicated in the Comprehensive Plan. The property currently contains an approximate six feet chain-link fence, metal post and cable, a cyclone backstop, full basketball court and shelter. In order to address safety concerns present in the park area, there will be a one time cost of$5,000.00 for the removal of the fence and backstop, re-roofing the shelter and replacing the basketball goal assemblies. Logname: 21TF DIRECT SALE 4501 E BERRY TO PARD Page 1 of 2 The annual cost to maintain this park land is estimated to be $3,500.00. Estimated Proposed Estimated Post- Total IProperty Address Legal Description Purchase Judgment Purchase Price FW Fees Taxes Price I Owed 14501 E Berry Street Block A, Eastwood 57,114.56 $1,000.00 $63,849.60 $121,964.16 Addition Court $ 885.84 Costs Total Costs$122,850.00 The property is located in COUNCIL DISTRICT 5. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that the Property Management Department is responsible for the collection, deposit and disbursement of funds. The Director of Finance further certifies that upon approval of the above recommendations, funds will be available in the current capital budget, as appropriated, of the Park Dedication Fees Fund. Upon receipt, the amount of$122,850.00 will be deposited into the General Fund, Tax-Foreclosed Property Sale Fee Account for the disbursement to the County for the purpose of distributing proceeds to the taxing entities and paying applicable fees. The Director of Finance certifies that park land maintenance costs will not result in any additional appropriations in the Fiscal Year 2017 Budget. FUND IDENTIFIERS (FIDs): TO Fund Departmentccoun Project Program ctivity Budget Reference # moun ID 1A ID Year Chartfield 2 FROM Fund Departmentccoun Project Program ctivity Budget Reference # moun l I ID 1A ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Steve Cooke (5118) Originating Department Head: Richard Zavala (5704) Deanna Cody (8379) Additional Information Contact: David Creek (5744) Logname: 21 TF DIRECT SALE 4501 E BERRY TO PARD Page 2 of 2