HomeMy WebLinkAboutOrdinance 24617-12-2020 ORDINANCE NO.24617-12-2020
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE DEVELOPER CONTRIBUTION FUND IN THE
AMOUNT OF $25,750.00, FROM DEVELOPER CONTRIBUTIONS, FOR THE
PURPOSE OF FUNDING THE UNION PACIFIC RAILROAD WAYSIDE HORN
PROJECT (CITY PROJECT NO. 103105); 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 2020-2021 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the
Developer Contribution Fund in the amount of$25,750.00,from developer contributions,for the purpose of
funding the Union Pacific Railroad Wayside Horn project(City Project No. 103105).
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 24446-09-2020 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said prior ordinances and appropriations are hereby expressly repealed.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: CITY SECRETARY
W cldorl J ' Rana P. Cigi ZA49Y
DBlack(Dec 18,202010:36 CST) or Ronald P.Gonzales(Dec 119,202010:42 CST)
Douglas W Black Mary J.Kayser
Sr.Assistant City Attorney
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ADOPTED AND EFFECTIVE:December 15,2020 G�` . • •.. '•.'pj�
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City of Fort Worth,Texas
Mayor and Council Communication
DATE: 12/15/20 M&C FILE NUMBER: M&C 20-0959
LOG NAME: 20UPRR WAYSIDE HORN ID 275252L
SUBJECT
(CD 8 and CD 9)Authorize Execution of Developer Funding Agreement for Preliminary Engineering Services of Wayside Horns;Adopt
Appropriation Ordinance to Increase the Developer Contribution Fund for the Union Pacific Railroad Wayside Horn Project in the Amount of
$25,750.00;and Authorize Execution of Reimbursement Funding Agreement with Union Pacific Railroad in the Amount of$25,000.00 to Conduct
Preliminary Engineering Services of Wayside Horn
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of Developer Funding Agreement for preliminary engineering services of Wayside Horn;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Developer Contribution Fund in the
amount of$25,750.00,from developer contributions,for the purpose of funding the Union Pacific Railroad Wayside Horn project(City Project
No. 103105);and
3. Authorize execution of reimbursement funding agreement with Union Pacific Railroad in the amount of$25,000.00 to conduct preliminary
engineering services of Wayside Horn(City Project Number: 103105).
DISCUSSION:
In early 2016,StoneHawk Capital Partners,LLC expressed an interest in a quiet zone(s)to address train hom noise concerns associated with
potential multifamily development in the area of Cold Springs Road and Peach Street crossings.
In March 2016,an on-site Diagnostic Review Team meeting was conducted to discuss a proposed quiet zone on Cold Springs Road at Union
Pacific Railroad crossings 275252L(Cold Springs West)and 598323Y(Cold Springs East). The City of Fort Worth was in the process to close
the Peach Street crossing. Therefore,the team assumed Peach Street is closed as part of the establishment of a quiet zone. The team
determined that in order for a quiet zone to be established,Supplementary Safety Measures(SSMs)must be implemented at the Cold Springs rail
crossings. In 2019,Peach Street crossing was closed.
On July 7,2020,a second on-site Diagnostic Review Team meeting was conducted to review the 2016 team recommendations to move the
project forward. The team recommended focusing on implemention of Wayside Horns at Union Pacific Railroad crossings 275252L(Cold Springs
West)was in the best interest for all to reduce train noise. The team discussed the adjacent spur track crossing 848190E and decided not to
include this crossing in the Wayside Horns for 275252L(Cold Springs West). Trains will continue to blow the hom when switching to and crossing
848190E(adjacent spur track)in accordance with railroad operating and safety rules.
Next steps include Union Pacific Railroad conducting preliminary engineering for Wayside Horns at railroad crossing 275252L(Cold Springs
West)in the approximate amount of$25,000.00. In addition,city staff project costs in the amount of$750.00. The developer,StoneHawk Capital
Partners,LLC will contribute$25,750.00 to the City of Fort Worth to cover both Union Pacific Railroad and City of Fort Worth costs.
Execution of a Developers Agreement between StoneHawk Capital Partners,LLC and the City of Fort Worth is necessary to accept the funds
from StoneHawk Capital Partners,LLC. Execution of a second Funding Agreement between the City of Fort Worth and Union Pacific Railroad is
necessary to transfer$25,000.00 to Union Pacific Railroad to conduct preliminary engineering services.
Upon completion of preliminary engineering services,if Union Pacific Railroad,the City of Fort Worth,and StoneHawk Capital Partners LLC
agrees that the Cold Springs West project should be pursued,an Construction and Maintenance(C&M)Agreement will be drafted to implement
the project.
The Cold Springs West Wayside Horn project is located within COUNCIL DISTRICTS 8&9.
A Form 1295 is not required because:This contract will be with a publicly-traded business entity or a wholly-owned subsidiary of a publicly-traded
business entity: Union Pacific Railroad
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Union Pacific Railroad at Cold Springs Wayside Horn project within the
Developer Contribution Fund and upon approval of the above recommendation and adoption of the attached appropriation ordinance,funds will be
available in the Developer Contribution Fund for the Union Pacific Railroad at Cold Springs Wayside Horn project to support the approval of the
above recommendations and execution of the agreement. Prior to an expenditure being incurred,the Transportation and Public Works
Department has the responsibility of verifying the availability of funds.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: William Johnson 7801
Additional Information Contact: Monty Hall 8662
Chad Edwards 7259