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HomeMy WebLinkAboutOrdinance 19962-11-2011ORDINANCE NO. 19962-11-2011 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE STORMWATER UTILITY FUND IN THE AMOUNT OF $1,143,748.75, AND DECREASING THE UNAUDITED, UNRESERVED, UNDESIGNATED STORMWATER UTILITY FUND BALANCE BY THE SAME AMOUNT FOR THE PURPOSE OF TRANSFERRING SAID FUNDS TO THE STORMWATER CAPITAL PROJECTS FUND FOR PAVING, STORM DRAINAGE, WATER AND SANITARY SEWER IMPROVEMENTS ASSOCIATED WITH PHASE 2 OF THE HARLEY AVENUE REALIGNMENT PROJECT; 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 2011 -2012 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Stormwater Utility Fund in the amount of $1,143,748.75 and decreasing the unaudited, unreserved, undesignated Stormwater Utility Fund Balance by the same amount, for the purpose of transferring said funds to the Stormwater Capital Projects Fund for paving, storm drainage, water, and sanitary sewer improvements associated with Phase 2 of the Harley Avenue Reconstruction Project. 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. 19911 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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. APPROV,04,AS TO FORM AND LEGALITY: r As & Attorney ADOPTED AND EFFECTIVE: November 1, 2011 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION:. Approved on 11/1/2011 - Ordinance Nos. 1`9962:& 19963 & 19964 DATE: Tuesday, November 01, 2011 REFERENCE NO.: C -25261 LOG NAME: 06HARLEY CONSTRUCTION PHASE 2 SUBJECT: Authorize Execution of an Infrastructure Construction Agreement with Event Facilities Fort Worth, Inc., in an Amount Not to Exceed $8,550,644.80 for Paving, Storm Drainage, Water and Sanitary Sewer Improvements Associated with Phase 2 of the Harley Avenue Realignment Project and Adopt Appropriation Ordinances (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Adopt attached supplemental appropriation ordinance increasing estimated receipts and appropriations in the Stormwater Utility Fund in the Amount of $1,143,748.75 and decreasing the unaudited, unreserved, undesignated Stormwater Utility Fund Balance by the same amount; 2. Authorize transfer of $1,143,748.75 from the Stormwater Utility Fund to the Stormwater Capital Projects Fund; 3. Adopt attached appropriation ordinance increasing estimated receipts and appropriations in the Stormwater Capital Projects Fund in the amount of $1,143,748.75; 4. Authorize transfer of $248,570.50 from the Culture and Tourism Fund to the Street Improvements Fund for paving, striping and fencing of a portion of the surface parking system at Will Rogers Memorial Center; 5. Adopt attached appropriation ordinance increasing estimated receipts and appropriations in the Street Improvements Fund in the amount of $248,570.50; and 6. Authorize execution of an Infrastructure Construction Agreement with Event Facilities Fort Worth, Inc., in the amount of $8,550,644.80 for paving, storm drainage, water, and sanitary sewer improvements associated with Phase 2 of the Harley Avenue Reconstruction Project. DISCUSSION: The Harley Avenue Realignment Project was approved as part of the 2004 Capital Improvement Program. Since that time, Staff has been working with Event Facilities Fort Worth, Inc. (EFFW), to advance this project that supports and enhances the operations of both the Will Rogers Memorial Center and the Southwestern Exposition and Livestock Show and provides for the first phase of needed drainage improvements to the East Arlington Heights drainage basin. In order to advance the Harley Phase 2 project into construction immediately following the 2012 Logname: 06HARLEY CONSTRUCTION PHASE 2 Page I of 3 Southwestern Exposition and Livestock Show, EFFW has offered to manage the construction as a developer project. Public bids were received on September 28, 2011. The total project cost is $8,550,644.80 exclusive of two small right of way parcels that are currently being appraised for acquisition by the City. Staff recommends funding support from the following multiple sources in order to appropriately match the source of funding to the nature and impact of the various improvements: $2,913,653.50 from the Tarrant County Interlocal Agreement (ILA), $312,800.00 from the 2004 Capital Improvement Program (CIP), $4,711,547.75 from the Stormwater Utility, $248,570.50 from Public Events and $364,073.05 from the Water Department. The most recent activities include the following City Council actions: M &C C -24298 (6 -22- 2010): This action provided for the construction of water, sewer, paving and drainage improvements in Harley Avenue from University Drive to Rip Johnson (Harley Phase 1). These improvements supported the construction of the Multi- Purpose Equestrian Center currently under construction. M &C G -17104 (11 -09- 2010): This action approved revisions to the City's Master Thoroughfare Plan for Harley Avenue between Rip Johnson and Montgomery Street. This alignment supports the private parking facilities proposed by EFFW and provides appropriate access for a future arena site. M &C C -24801 (03 -22- 2011): This action approved the execution of a $4.5 million reimbursement agreement with Tarrant County for the County's support of the design and construction of Harley Phase 2 (Tarrant County ILA). M &C C -25071 (07 -26- 2011 V. This action approved the execution of a Design Procurement Agreement with EFFW for engineering design services for Harley Phase 2. The developer has agreed to provide for a 15 percent M/WBE commitment in their Infrastructure Construction Agreement. Execution of the Infrastructure Construction Agreement will allow the project to proceed to construction in February 2012 and will provide for monthly reimbursements to the developer based on the degree of project completion. Staff will conduct a public meeting for interested parties in January of 2012 before major construction activities begin. This project is located in COUNCIL DISTRICT 7 but serves the entire City. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that, upon approval of the above recommendations and adoption of the attached supplemental appropriation ordinances, funds will be available in the current capital budgets, as appropriated, of the Stormwater Capital Projects Fund, the Stormwater Capital Projects Bond 2009 Fund, the Water Capital Projects Fund, the Sewer Capital Projects Fund, the Street Improvements Fund and the Grants Capital Projects Fund. Upon approval, the unaudited, unreserved, undesignated fund balance of the Stormwater Utility Fund will exceed the minimum reserve as outlined in the Financial Management Policy Statements. FUND CENTERS: TO Fund /Account/Centers 1 & 2) PE69 538040 0209000 2 & 3)_P228 476069.207280014383 3) P228 541200 207280014383 FROM Fu nd/Accou nt/C enters $1,143,748.75 1 PE69 538040 0209000 $1,143j48.75 4 )GG04 538070 0240600 $1,143,748.75 6) P227 541200 207280014383 $1,143,748.75 $248_570.50 $2,067,799.00 Logname: 06HARLEY CONSTRUCTION PHASE 2 Page 2 of 3 4) C200 472004 207230014383 4 & 5) C200 541200 207230014383 CERTIFICATIONS: $248,570.00 6) P228 541200 207280014383 $248,570.00 6) P265 539140 607140014380 6) P275 539140 707130014380 6) C200 541200 207230014380 6) GR74 541200 020422472830 Submitted for City Manager's Office by. Originating Department Head: Additional Information Contact: Fernando Costa (6122) Randle Harwood (6101) Kate Beck (7918) $2,643,748.75 $300,872.65 $63,200.40 $561,370.50 $2,913,653.50 Logname: 06HARLEY CONSTRUCTION PHASE 2 Page 3 of 3