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HomeMy WebLinkAboutOrdinance 12374 Ordinance No. AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $17,000,000.00 FOR THE PURPOSE OF FUNDING AN AGREEMENT BETWEEN THE CITIES OF FORT WORTH, DALLAS, AND BURLINGTON NORTHERN SANTE FE RAILROAD COMPANY FOR THE CONSTRUCTION OF IMPROVEMENTS ON THE RAILTRAN CORRIDOR TO FACILITATE THE IMPLEMENTATION OF COMMUTER RAIL SERVICE; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR 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 the Fiscal Year 1995-96 and in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Grants Fund in the amount of $17,000,000.00 for the purpose of funding an agreement between the cities of Fort Worth, Dallas, and the Burlington Northern Sante Fe Railroad Company for the construction of improvements on the Railtran Corridor to facilitate the implementation of commuter rail service. SECTION 2. 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 judgement 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. 12074 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 and be in full force and effect and after the date of its passage, and it is so ordained. APP VED AS TOlF`O,RM AND LEGALITY: GGcc�' , Assistant City orney /-c23 - 9� Date Adopted Effective City of Fort Worth, Texas Mayor and Council Communication DATE I REFERENCE NUMBER LOG NAME I PAGE 01/23/96 * _ 240 1 02RAILT 1 of 2 SUBJECT DFW RAILTRAN SYSTEM: APPROVAL OF AN AGREEMENT BETWEEN THE CITIES OF FORT WORTH AND DALLAS AND THE BURLINGTON NORTHERN SANTA FE RAILROAD COMPANY FOR THE CONSTRUCTION OF IMPROVEMENTS ON THE RAILTRAN CORRIDOR TO FACILITATE THE IMPLEMENTATION OF COMMUTER RAIL SERVICE RECOMMENDATIONS: The RAILTRAN Policy Committee recommends that the City Council: 1 . Authorize the City Manager to execute an agreement with the Burlington Northern Santa Fe Railroad Company (BNSF) for the construction of capacity and signal system improvements needed for the implementation of commuter rail service for an amount not to exceed $17 million, and 2. Accept $17 million in fund transfers from Dallas Area Rapid Transit (DART) for the purpose of funding these construction improvements, and 3. Adopt the attached appropriations ordinance increasing estimated receipts and appropriations in the Grants Fund by $17 million from increased revenues. DISCUSSION: The Missouri Pacific Joint Use Agreement and the Burlington Northern Santa Fe Trackage Rights Agreement mandate that certain improvements be made to the RAILTRAN corridor for the co- existence of passenger and freight railroad traffic. DART, acting on RAILTRAN's behalf, has submitted a grant application for $10 million in Congestion Mitigation Air Quality (CMAQ) funds for a portion of the construction. Grant approval is expected soon. The grant requires local match of $7 million, funded by RAILTRAN $2.5 million, DART $2.13 million, BNSF $2.37 million. The Fort Worth City Council approved this local match on January 11, 1994, (M&C G-10505). The Maintenance and Dispatching Agreement between BNSF and RAILTRAN authorized BNSF to perform all changes and additions to the line. The proposed agreement outlines the scope of work for this specific project. Under the Agreement, BNSF will: 1 . Competitively bid all work not performed by BNSF's own forces. 2. Provide to RAILTRAN all construction documents. 3. Comply with Dallas and Fort Worth's Disadvantaged/Minorities Business Enterprise Programs in the selection of subcontracting firms. 0 Printed on Recycled Paper City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE. 01/23/96 **C-15240 02RAILT 2 of 2 SUBJECT DFW RAILTRAN SYSTEM: APPROVAL OF AN AGREEMENT BETWEEN THE CITIES OF FORT WORTH AND DALLAS AND THE BURLINGTON NORTHERN SANTA FE RAILROAD COMPANY FOR THE CONSTRUCTION OF IMPROVEMENTS ON THE RAILTRAN CORRIDOR TO FACILITATE THE IMPLEMENTATION OF COMMUTER RAIL SERVICE 4. Assure that all subcontractors comply with all applicable local, state, and federal laws, and regulations. Project design and construction will not exceed $8.5 million for track work and $8.5.million for signal work. All liability, insurance, and indemnification provisions of the Trackage Rights Agreement are incorporated into this Agreement. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that upon approval of the above recommendations and adoption of the attached appropriations ordinance, funds will be available, as appropriated, in the Grants Fund. BT:a Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) GR76 451963 002207363000 $17,000.00 Bob Terrell 6116 GR76 539120 002207363010 $17,000.00 APPROVI:D l Originating Department Head: cIT"i Lisa Pyles 6123 (from) JAt GR76 539120 002207363010 $17,000.00 For Additional Information Contact: C*qE ' Gitq'A Port°Jime%,'ye1ss Lisa Pyles 6123 Printed on Recycled Paper J '`�^ 93 �Y