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HomeMy WebLinkAboutOrdinance 20107-03-2012Ordinance No. 20107 -03 -2012 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE TRANSPORTATION PUBLIC WORKS GAS WELL REVENUES FUND IN THE AMOUNT OF $146,300.00, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF COVERING THE ACQUISITION OF TWO FEE SIMPLE INTERESTS AND ONE PERMANENT DRAINAGE FACILITY EASEMENT AND ONE VARIABLE WIDTH PERMANENT DRAINAGE EASEMENT; 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 Transportation Public Works Gas Well Revenues Fund in the amount of $146,300.00, from available funds, for the purpose of covering the acquisition of two fee simple interests and one permanent drainage facility easement and one viable width permanent drainage easement. 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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. APPROVED AS TO FORM AND LEGALITY: 41J U U " A sistant City Attomeki ADOP'I'lJ) AND FFFEC"I'IVF: March 20, 2012 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 3/20/2012 Ordinance No. 20107 -03 -2012 DATE: Tuesday, March 20, 2012 REFERENCE NO.: * *L -15334 LOG NAME: 2020ROWE 6226 RAY WHITE RD (4) SUBJECT: Authorize the Acquisition of a Fee Simple Interest in a Total of 0.90 Acres of Land for Right -of -Way, an Easement Interest in a Total of 0.11 Acres of Land for One Permanent Drainage Facility Easement, and 0.044 Acres of Land for One Variable Width Permanent Drainage Easement for the Ray White Road Improvement Project Near the Shiver and Ray White Road Intersection from Lazy F. Inc., and Quadrant North Tarrant Partners, Ltd., for $138,300.00 and Pay the Estimated Closing Costs of $8,000.00 in the Amount of $146,300.00 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $146,300.00 in the Transportation Public Works Gas Well Revenue Fund from available funds to cover the cost of acquisition of fee simple and permanent easement interests in land; and 2. Authorize the acquisition of fee simple interests in a total of 0.90 acres of land for right -of -way, an easement interest in a total of 0.11 acres of land for two permanent drainage facility easements, and 0.044 acres of land for one variable width permanent drainage easement for the Ray White Road Improvement Project Near the Shiver and Ray White Road Intersection from Lazy F. Inc., and Quadrant North Tarrant Partners, Ltd.; 3. Find that the total purchase price of $138,300.00 is just compensation; and, 4. Authorize the City Manager or his designee to accept the conveyances, record the appropriate instruments and to pay the estimated closing costs up to $8,000.00. DISCUSSION: The western two lanes of Ray White Road are to be constructed between North Tarrant Parkway and Shiver Road. Ray White Road will ultimately become a four -lane divided arterial. Project dollars are being provided from Gas Well Revenue funds. The indicated parcels are needed for construction of the project. An independent appraisal was acquired for each parcel and Lazy F. Inc., and Quadrant North Tarrant Partners, Ltd., have agreed to the appraised total amount of $138,300.00. The real estate taxes will be pro -rated with the seller being responsible for taxes due up to the closing date. The City will pay the closing costs up to $8,000.00. On April 22, 2008, City Council approved (M &C G- 16117), which committed $15 million from gas well revenue funds for the purpose of street improvements. The land for this project will be purchased utilizing Transportation Public Works Gas Well Revenue funds as approved. Logname: 2020ROWE 6226 RAY WHITE RD (4) Page I of 2 Upon City Council approval, Staff will proceed with acquiring the fee simple and easement interests in the property except for the mineral estate. The deed to the City will contain a surface waiver for the exploration of the mineral estate. Project Parcel Property Legal Type of Purchase No. Address Description Property /Acreage Price 1 and 2 8501 Ray White Road Eli W. Shriver ROW 0.51 Acres $ 19,000.00 Abstract No. 1455 PDE 0.11 Acres $ 2,100.00 ROW 0.39 Acres $ 110,800.00 VWDE 0.44 Acres $ 6,400.00 Estimated Closing Costs $ 8,000.00 Total $ 146,300.00 This property is located in COUNCIL DISTRICT 2, MAPSCO 36C. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, funds will be available in the current capital budget, as appropriated, of the Transportation Public Works Gas Well Revenue Fund. FUND CENTERS: TO Fund /Account /Centers FROM Fund /Account/Centers 1) C223 446200 201929990200 $146,300.00 2) C223 54110 202230129441 $146,300.00 1) C223 541200 201929990200 $146,300.00 CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Fernando Costa (6122) Douglas W. Wiersig P.E. (7801) Laura B Chavez (2311) Logname: 2020ROWE 6226 RAY WHITE RD (4) Page 2 of 2