HomeMy WebLinkAboutOrdinance 19804-07-2011Ordinance No.19804 -07 -2011
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE SEWER CAPITAL PROJECT FUND (PS 58) IN THE AMOUNT OF $4,950,000.00,
FROM AVAILABLE FUNDS, FOR THE PURPOSE OF TRANSFERRING SAID FUNDS
TO THE SEWER CAPITAL PROJECTS FUND (P 258) FOR THE ACQUISITION OF
LAND FOR THE FUTURE MARY'S CREEK WATER RECLAMATION FACILITY;
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
Sewer Capital Project Fund (PS 58) in the amount of $4,950,000.00, from available funds, for the purpose of
transferring said funds to the Sewer Capital Projects Fund (P 258) for the acquisition of land for the future
Mary's Creek Water Reclamation Facility.
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ordinances and appropriations are hereby expressly repealed.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.
APPR VED AS TO FORM AND LEGALITY:
Assistant City Attorney
ADOPTED AND EFFECTIVE: July 26, 2011
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/26/2011 - Ordinace Nos. 19804 &,19805
DATE: Tuesday, July 26, 2011 REFERENCE NO.: L -15222
LOG NAME: 60MARYS CREEK ACQUISITION
SUBJECT:
Authorize Acquisition of 100.167 Acres of Land Located Along Chapin Road in West Tarrant County for the
Future Mary's Creek Water Reclamation Facility from The 820 Management Trust, for $4,900,000.00 Plus
Estimated Closing Costs of $50,000.00, Authorize Transfer of Funds and Adopt Appropriation Ordinances
(EXTRA TERRITORIAL JURISDICTION NEAR COUNCIL DISTRICTS 3 and 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations
in the amount of $4,950,000.00 in the Sewer Capital Project Fund PS58;
2. Authorize the transfer of $4,950,000.00 from Sewer Capital Project Fund PS58 to the Sewer Capital
Projects Fund P258;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Sewer Capital Projects Fund P258 in the amount of $4,950,000.00 from available funds;
4. Authorize the acquisition of 100.167 acre tract of land from The 820 Management Trust, located along
Chapin Road in west Tarrant County; for the City of Fort Worth Water Department for $4,900,000.00 plus
estimated closing costs of $50,000.00; and
5. Authorize the City Manager, or his designee, to execute and record the appropriate instruments
conveying the property to complete the sale.
DISCUSSION:
On February 27, 2009 (M &C C- 23367) the City Council authorized the award of an Engineering
Agreement with TranSystems Corporation Consultants to conduct site evaluation of a Water Reclamation
Facility operating within Mary's Creek drainage basin west of Loop 820 West. The evaluation processes
resulted in three preferred sites for further detailed review and assessment.
On February 9, 2010, the three finalist sites were made public during a presentation to the City Council's
Infrastructure and Transportation Committee. Since then, the Water Department has conducted numerous
public outreach efforts with neighborhood groups and other organizations in the area, along with an open
house on April 7, 2010, a special neighborhood meeting on June 7, 2010 and meetings with Chapel Creek
and Lost Creek Neighborhood Associations. These outreach efforts have not only presented facts and
information to the public, but also generated feedback from citizens and stakeholders. Based on
comments from citizens and other stakeholders and the evaluation of additional information related to
neighborhood impacts, adjacent land uses, flood plain considerations, gas well drilling activities and
Logname: 60MARYS CREEK ACQUISITION Page I of 3
proximity to Westside Water Treatment Plant; the final site selected was Site No. 10 (see attached Exhibit
No. 1).
Site No. 10 is located on the west side of the extra - territorial jurisdiction of the City of Fort Worth, at 11091
Chapin Road, approximately one half -mile north of IH 30 and one mile east of the Tarrant - Parker County
line and is more particularly described as follows:
:Grantor
.. .. ......... ;. .
.Legal Description Acres
Amount
The 820
Management
------ ... ....... ...
Tract 1A, James C. Johnson
Survey, 88.383
Trust
Abstract No. 871_
_
:Tarrant County, Texas
Portion of Tract 1, 111.784
_.
;Cyrus K. Gleason Survey
Abstract No. 5_59
,Tarrant County, Texas
,Total Land Cos-t - 100.167
$4,900,000.00
Title Insurance and City's
`Share of Closing Costs
$ 50,000.00
,GRAND TOTAL
;$4,950,000.00
Site No. 10 includes land for the proposed Mary's Creek Water Reclamation Facility and
regulatory required set -backs from adjacent property owners, together with additional acreage
to allow greater set -backs and provides additional open space that can be available for joint use.
An appraisal was performed by an independent licensed appraiser which is part of the
standard process. The City and property owner agreed to the total purchase price of $4,900,000.00
for the property. The real estate taxes will be prorated with the seller being responsible for
taxes due up to the closing date. The City will pay for title insurance plus its share of closing
costs not to exceed $50,000.00. Included in the sales agreement the City commits to meet the
design standard outlined in Chapter 3 of the final site selection report dated August 2010.
The City further agrees that the water reclamation facility meets the community livability criteria
such as odor control, noise abatement, appropriate and focused lighting, perimeter fencing,
architectural enhancements and storm water guidelines for development. The City also agrees to
wire earnest money to the title company within three days of Council's acceptance in the amount
of $75,000.00, which is included in purchase price.
Mary's Creek Reclamation Facility was identified in the May 2009 Impact Study as an Impact Fee
eligible project.
The property is located in the City of Fort Worth Extra Territorial Jurisdiction Near COUNCIL DISTRICTS 3
and 7, Mapsco 71 L.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendation
and adoption of the attached appropriation ordinances, funds will be available in the current capital
budget, as appropriated, in the Sewer Capital Projects Fund.
FUND CENTERS:
Logname: 60MARYS CREEK ACQUISITION Page 2 of 3
TO Fund /Account/Centers
1) PS58 441012 013580200050
1) PS58 538040 070580200050
2 &3) P258 476058 0703290123941
2 &3) P258 541100 7032900123941
CERTIFICATIONS:
FROM Fund /Account/Centers
$4,950,000.00 2) PS58 538040 07058020050
$4,950.000.00 4) P258 541100 703290123941
$4,950,000.00
$4.950,000.00
Submitted for City Manager's Office by
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
S. Frank Crumb (8207)
Peter Fu (8438)
$4,950,000.00
$4,950,000.00
Logname: 60MARYS CREEK ACQUISITION Page 3 of 3