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HomeMy WebLinkAboutOrdinance 17565-05-2007Ordinance No. 17565-05-2007 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE STREET IMPROVEMENTS FUND IN THE AMOUNT OF $132,677.84 FROM DEVELOPER CONTRIBUTIONS FOR THE PURPOSE OF FUNDING AMENDMENT NO. 1 TO THE COMMUNITY FACILITIES AGREEMENT WITH MCCART RISINGER, LP FOR CREEKSIDE ESTATES, PHASE 1; MAKING THIS ORDINANCE CUMULATIVE OF 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 Fiscal Year 2006- 2007 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Street Improvements Fund in the amount of $132,677.84 from developer contributions for the purpose of funding Amendment No. 1 to Community Facilities Agreement with McCart Risinger LP for Creekside Estates, Phase 1. 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. 17142 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 ADOPTED AND EFFECTIVE: May 29, 2007 This ordinance shall take effect upon adoption. City of Foes I~/orth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/29/2007 -Ordinance No. 17565-05-2007 DATE: Tuesday, May 29, 2007 LOG NAME: 20CREEKSIDE REFERENCE NO.: ~~C-22139 SUBJECT: Authorize Amendment No. 1 to the Community Facilities Agreement with McCart Risinger, LP, for Creekside Estates, Phase I and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute Amendment No. 1 to City Secretary Contract No. 34233, a Community Facilities Agreement (CFA) with McCart Risinger, LP, for Creekside Estates, Phase 1, to reimburse McCart Risinger, LP, $132,677.84 from previously collected developer funds, for the installation of community facilities to serve Creekside Estates, Phase 1 and the vicinity; 2. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the Street Improvements Fund in the amount of $132,677.84 from developer contributions; and 3. Authorize the City Manager to remit a check in the amount of $132,677.84 made payable to McCart Risinger, LP, for the installation of community facilities to serve Creekside Estates, Phase 1 and the vicinity. DISCUSSION: The City collected $132,677.84 from the developer of Rainbow Ridge Addition (CFA CS#34232) for the future construction of a drainage structure and a small section of paving bordering its development. Those improvements were subsequently constructed by a neighboring development, Creekside Estates, Phase I (CS# 34233), and accepted by the City in December 2006. The executed CFA for Creekside Estates, Phase I does not include any agreement that the developer would be reimbursed by the City for public improvements. A request for this type of City participation was only received at project completion. Staff has since verified that the subject improvements are eligible for reimbursement in accordance with the Policy for the Installation of Community Facilities. In order for a payment to be processed, the City Council must first appropriate the $132,677.84 from previously collected developer funds to reimburse McCart Risigner, LP, and must also authorize the attached amendment to the Creekside Estates, Phase I CFA. This project is in COUNCIL DISTRICT 6. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Street Improvements Fund. Logname: 20CREEKSIDE Page 1 of 2 TO Fund/Account/Centers FROM Fund/AccountlCenters 2) C115 488100 020115136532 $132,677.84 3) C115 541200 020115136532 $132,677.84 21 C115 541200 020115136532 $132,677.84 Submitted for City Manager's Office by_ Marc Ott (8476) Originating Department Head: Robert Goode (7913) Additional Information Contact: Jim Walker (8009) Logname: 20CREEKSIDE Page 2 of 2