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HomeMy WebLinkAboutOrdinance 19737-06-2011Ordinance No. 19737-06-2011 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE PARK DEDICATION FEES FUND IN THE AMOUNT OF $410,552.23, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF PURCHASING PROPERTY IN NORTHWEST FORT WORTH FOR COMMUNITY PARK LAND; 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 2010-2011 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Park Dedication Fees Fund in the amount of $410,552.23, from available funds, for the purpose of purchasing property in Northwest Fort Worth for community park land. 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.19355 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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: i A ~ ~ 1 ssistant City Attorney ADOPTED AND EFFECTIVE: June 14, 2011 City of Fort Worth, Texas Mayor and Council Communication ~~ . ~:~ ~s COU'NGIL ACTT©N: Approved on 6/14/2011 - 19737-06-2011 DATE: Tuesday, June 14, 2011 REFERENCE NO.: L-15210 LOG NAME: 80NORTHWEST COMMUNITY PARK SUBJECT: Authorize an Agreement for the Purchase of a Fee Simple Interest in 245.77 Acres of Land for a New Park in Northwest Fort Worth from C-85756MR, LLC & M-85756MR, LLC, for a Total Amount of $7,000,000.00 and Pay Estimated Closing Costs Up to $45,000.00, Dedicate the Property as Parkland Upon Conveyance, and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Park Dedication Fees Fund by $410,552.23 from available funds; 2. Authorize the purchase of a fee simple interest in 245.77 acres of land from C-85756MR, LLC & M-85756MR, LLC in the amount of $7,000,000.00 plus closing costs; 3. Find that the price of $7,000,000.00 offered for the purchase of the park land is just compensation; 4. Authorize the City Manager or his designee to execute and record the appropriate instruments conveying the property to complete the purchase and to pay closing costs up to $45,000.00; and 5. Accept the property and dedicate the property as parkland upon conveyance. DISCUSSION: Under the Neighborhood and Community Park Dedication Policy (the Policy) of the City's Subdivision Ordinance, Developers are required to provide land and/or fees for neighborhood parkland, neighborhood parkland development and community parkland acquisition to serve residential developments. On June 9, 2009, (M&C G-16592) the City Council authorized an amendment to the Policy to allow for consolidation of acquisition funds by Park Planning District (PPD) which is made up of a number of Community Park Units. This action enabled the pooling of funds to more effectively assemble large tracts of land for community parkland acquisition. The total amount of fees collected for community parkland in PPD 5 (which includes Community Park Units in the north/northwest sector of the City) is $6,634,447.77. These funds, along with the interest revenue listed in the following will be utilized to acquire the property. Interest revenue from the Park Dedication Fees Fund in the amount of $410,552.23 is recommended for appropriation to supplement the remainder of the purchase price and provide for the payment of the estimated closing costs up to $45,000.00. The legal description is as follows: Logname: 80NORTHWEST COMMUNITY PARK Page 1 of 2 Certain tracts of land out of the Henry Robertson Survey, Abstract No. 1798, the George Matthews Survey, Abstract No. 1078, the Josiah Walker Survey, Abstract No. 1600, and the James P. Alford Survey, Abstract No. 53, Tarrant County, Texas, and being the portions of those certain tracts of land described in deed to C-8575BMR, LLC and M-85756MR, LLC, as recorded in Volume 14821, Page 16, Deed Records, Tarrant County, Texas, lying east of the railroad tracks and containing approximately 245.77 acres. The property does not include the 11.484 acres to the west of the railroad track. Upon approval, staff will proceed with acquiring the fee-simple interest in the property except for the mineral estate. The deed will contain a surface waiver preventing drilling on site for the exploration of the mineral estate. On March 1, 2011, (Resolution No. 3971) the City Council authorized the City to apply for and accept, if awarded, a Texas Parks and Wildlife Department (TPWD) Urban Outdoor Grant in the amount of $1,000,000.00 for Phase I and infrastructure development of this park. The site was registered under a statement of retroactivity with the TPWD on March 8, 2011 and the land value will be used as the local match. The TPWD Commission will consider the grant application at its meeting scheduled for August 31, 2011. The property is located south of U.S. Highway 287/81 and Harmon Road, west of Blue Mound Road, north of Bailey-Boswell Road and east of Wagley-Robertson Road, Mapsco 34E, F and G. The park will be held in reserve status until development occurs. The annual cost to maintain this parkland in reserve status is estimated to be $17,545.00. When the park is developed, additional funding will be requested for maintenance operations. The property is located in COUNCIL DISTRICT 7. FISCAL INFORMATION /CERTIFICATION: 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 capital budget, as appropriated, of the Park Dedication Fees Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers C281 441012 801909990100 $410,552.23 C281 541100 807910175710 $7.045.000.00 C281 541200 801909990100 $410.552.23 CERTIFICATIONS: Submitted for City Manager's Office b~ Susan Alanis (8180) g P Richard Zavala 5704 Originatin De artment Head: ( ) Additional Information Contact: David Creek (5744) __ __ _ . _ _ __ Logname: 80NORTHWEST COMMUNITY PARK Page 2 of 2 PROPOSED PARKLAND ACQUISITION Approximately 245.77 Acres [+/-] -Council District 7 81 s. RANCH \ IHICKS Proposed Acquisiton ~ONGMORN c Mann~e`CINY L antC k LaFe m ..N TI