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HomeMy WebLinkAboutOrdinance 19758-07-2011Ordinance No. 19758 -07 -2011 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE PARK DEDICATION FEES FUND IN THE AMOUNT OF $41,246.50, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF PURCHASING PROPERTY ON SHORELINE DRIVE, ABSTRACT 1944, TRACT 3, FOR PARK PURPOSES; 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 $41,246.50, from available funds, for the purpose of purchasing property on Shoreline Drive, Abstract 1933, Tract 3, for park purposes. 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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. AP ROVED AS TO FORM AND LEGALITY: n � r sistant City Attorney ADOPTED AND EFFECTIVE: July 12, 2011 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: ,Approved on 711212011 •Ordinance No. 19758 DATE: Tuesday, July 12, 2011 LOG NAME: 17SHORELINE REFERENCE NO.: L -15218 SUBJECT: Authorize the Direct Sale of a Tax - Foreclosed Property Located on Shoreline Road to the City of Fort Worth for Park Purposes in the Amount of $41,246.50, Approve the Purchase, Dedicate the Property as Parkland and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the direct sale of property located at Shoreline Road, described as Tract 3 Abstract 1944, W. W. Warnell Survey, in accordance with Section 34.05 of the Texas Tax Code, to the City of Fort Worth for Park purposes for $41,246.50; 2. Authorize the City Manager, or his designee, to execute and record the appropriate instruments conveying the property to complete the purchase and sale; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Park Dedication Fees Fund by $41,246.50 from available funds; and 4. Accept the property and dedicate the property as park land upon acceptance. DISCUSSION: The City received the below referenced property through a Constable's Sale after a tax foreclosure suit. The City is authorized to conduct a direct sale of tax - foreclosed property to a buyer for the lesser of the market value specified in the judgment or the tax judgment amount plus any accrued court costs. A written confirmation of intent to purchase the property was received from the Parks and Community Services Department of the City of Fort Worth. The land will become dedicated parkland and become part of the Fort Worth Nature Center and Refuge. In order to advance the Fort Worth Nature Center Master Plan, this purchase will be paid from Park Dedication Fees interest funds with the intention that upon the leasing of minerals contained within the Fort Worth Nature Center property and distributed per the current Financial Management Policy the funds will be reimbursed to the Park Dedication Fees Fund. Staff recommends selling the property to the City of Fort Worth. The City of Fort Worth is responsible for all closing costs on this transaction, including any post judgment taxes plus penalties and interest. The Planning and Development Department has reviewed the current zoning of this property and determined that the zoning classification of the property is compatible with respect to existing land use, the existing land uses of the surrounding neighborhood and future land use designations indicated by the Comprehensive Plan. Logname: 17SHORELINE Page 1 of 2 ADDRESS LEGAL DESCRIPTION PRICE ZONING 0 Shoreline Road Abstract 1944 Tract 3 $41,246.50 A -5 W. W. Warnell Survey This property is located in COUNCIL DISTRICT 7, MASCO 45F. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that the Housing and Economic Development Department is responsible for the collection and deposit of funds due to the City. Upon approval of the attached appropriation ordinance, funds will be available in the Park Dedication Fund. FUND CENTERS: TO Fund /Account/Centers C281 441012 801909990100 C281 541200 801909990100 GG01 240126 0000000 CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Logname: 17SHORELINE FROM Fund /Account/Centers $41.246.50 C281 541100 XXXXXXXXXXXX $41.246.50 $41.246.50 Susan Alanis (8180) Jay Chapa (5804) Cynthia Garcia (8187) Katherine Davenport (7923) $41.246.50 Page 2 of 2