HomeMy WebLinkAboutOrdinance 18353-11-2008Ordinance No. 1 8353-1 1-2008
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE AVIATION IMPROVEMENTS CAPITAL PROJECTS
FUND IN THE AMOUNT OF $86,100.78 FOR THE PURPOSE OF
TRANSFERRING SAID FUNDS TO THE MUNICIPAL AIRPORTS FUND FOR
REFUND OF RENTAL PAYMENTS TO APIAQ LIMITED PARTNERSHIP;
PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR 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 2008-
2009 in the Budget of the City Manager, there shall also be increased estimated receipts and
appropriations in Aviation Improvements Capital Projects Fund in the amount of $86,100.78 for the
purpose of transferring said funds to the Municipal Airports Fund for refund of rental payments to
APIAQ Limited Partnership.
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. 18283 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conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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.
A RROVED AS iVl AND LEGALITY:
d
Assistant City Attorney
ADOPTED AND EFFECTIVE: November 11 2008
City ®f Fort VV®h, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 11!11!2008 -Ord. No. 18353-11-2008 & 18354-11-2008
DATE: Tuesday, November 11, 2008
LOG NAME: 55REFUND 32326 REFERENCE NO.: *~'G-16348
SUBJECT:
Authorize Refund to APIAQ Limited Partnership in the Amount of $86,100.78 for Rental Payments
Under City Secretary Contract No. 32326 at Fort Worth Meacham International Airport and Adopt
Appropriation Ordinances
RECOMMENDATION:
It is recommended that the City Council
1. Authorize the use of revenue in the Aviation Improvements Capital Projects Fund derived from gas
pipelines for the refund of $86,100.78 in rental payments by APIAQ Limited Partnership to the City of Fort
Worth Aviation Department;
2. Adopt attached appropriation ordinance increasing the estimated receipts and appropriations by
$86,100.78 in the Aviation Improvements Capital Projects Fund;
3. Authorize the transfer of $86,100.78 from the Aviation Improvements Capital Projects Fund to the
Municipal Airports Fund for refund of rental payments to APIAQ Limited Partnership; and
4. Adopt the attached supplemental appropriation ordinance increasing the estimated receipts and
appropriations by $86,100.78 in the Municipal Airports Fund.
DISCUSSION:
On September 8, 2005, (M&C C-20859) City Secretary Contract (CSC) No. 32326, an unimproved ground
lease with mandatory improvements was executed with APIAQ Limited Partnership (APIAQ), for 277,000
square feet of land for the development of aircraft storage facilities at Fort Worth Meacham International
Airport. Under the lease, rental payments were to commence once a Certificate of Occupancy (CO) was
issued for the completed facility.
On or about October 4, 2005, the Aviation Department inadvertently began collecting rental payments from
APIAQ for this unimproved ground lease. Rental payments proceeded through April 2007. Construction did
not commence and therefore a CO was not obtained.
On September 7, 2007, (M&C C-22326) Staff recommended that CSC No. 32326 be terminated and the
City enter into a new agreement with APIAQ. Under the new agreement APIAQ released approximately
34,083 square feet of unimproved ground from the original lease site and agreed to mandatory
improvements. The Aviation Department also agreed that the rental payments that had been collected
under the original agreement would be applied to the new lease as rent credits until the total amount had
been repaid to APIAQ.
To date no construction has taken place on this site. Through a letter dated October 14, 2008, the Aviation
Department has informed APIAQ Limited Partnership that they are in default of their agreement and they
Logname: SSREFLTND 32326 Page 1 of 2
were given until November 14, 2008, to rectify the situation. If the agreement is terminated the Aviation
Department would need to refund the full amount of $86,100.78 in rental payments collected under the
original agreement.
Fort Worth Meacham International Airport is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinances, funds will be available in the current budget, as
appropriated, of the Municipal Airports Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
3) GC24 538040 055240439010 $86,100.78 2) GC24 446300 055240439010 $86,100.78
PE40 476024 0551000 $86.100.78 ~ PE40 539120 0551000 $86,100.78
4~ PE40 539120 0551000 $86,100.78
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Submitted for City Manager's Office b~ Tom Higgins (6266)
Originating Department Head: Kent Penney (5403)
Additional Information Contact: Leah Jipp (5409)
Logname: SSREFLTND 32326 Page 2 of 2