HomeMy WebLinkAboutOrdinance 24603-12-2020 ORDINANCE NO.24603-12-2020
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE DEVELOPER CONTRIBUTION FUND IN THE
AMOUNT OF $686,150.00, FROM DEVELOPER CONTRIBUTIONS, FOR THE
PURPOSE OF FUNDING COSTS RELATED TO THE CONSTRUCTION OF A
ROUNDABOUT AT BASSWOOD BOULEVARD AND ROBERT W. DOWNING
ROAD (CITY PROJECT NO. CO2120); PROVIDING FOR A SEVERABILITY
CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
AND PROVIDING AN EFFECTIVEDATE.
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$686,150.00,from developer contributions,for the purpose
of funding costs related to the construction of a roundabout at Basswood Boulevard and Robert W.
Downing Road(City Project No.CO2120).
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of said prior ordinances and appropriations are hereby expressly repealed.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
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Mack(Dec 23,202014:36 CST) 'for Ronald P.Gonzales(Dec 23,202015:11 CST)
Douglas W Black Mary J.Kayser
Sr. Assistant City Attorney
ADOPTED AND EFFECTIVE: December 15,2020
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 12/15/20 M&C FILE NUMBER: M&C 20-0925
LOG NAME: 06BASSWOOD BLVD ICA AMENDMENT&FUNDING
SUBJECT
(CD 2)Authorize Execution of a Settlement Agreement with D.R.Horton—Texas, Ltd.,in the Amount of$673,110.99 for Costs Related to
Construction of a Roundabout at Basswood Boulevard and Robert W.Downing Road and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of a Settlement Agreement with D.R.Horton—Texas,Ltd.in the amount of$673,110.99 for costs related to the
construction of a roundabout at Basswood Boulevard and Robert W.Downing Road;and
2. Adopt the attached appropriation ordinance increasing appropriations in the Developer Contribution Fund in the amount of$686,150.00
from available funds for the purpose of funding a Settlement Agreement with DR Horton-Texas,Ltd related to costs for the construction of a
roundabout at Basswood Boulevard and Robert W.Downing Road.
DISCUSSION:
This Mayor&Council Communication(M&C)will authorize settlement of a claim brought by a developer,who constructed city facilities under an
Infrastructure Construction Agreement(ICA)and a Community Facilities Agreement(CFA),for the costs,in the amount of$673,110.99,related to
constructing an intersection that was changed from a signalized intersection to a roundabout.
On August 18,2015(M&C C-27425),the City Council authorized the execution of an ICA with D.R.Horton—Texas,Ltd.(Horton)for construction
of a segment of Basswood Boulevard from Cloudcroft Lane to Horseman Road and Robert W.Downing Road from Basswood Boulevard to Lou
Menk Drive,in an amount not to exceed$6,928,910.99. At the same time,Horton was also constructing portions of Basswood Boulevard to
serve its development under a CFA(City Secretary Contract No.45513). During the course of construction,the City initiated a change to the
proposed intersection design at Basswood Boulevard and Robert W.Downing Road from a signalized intersection to a roundabout. The City
requested that Horton perform the work at the cost of$673,110.99;however, memorialization of this change was inadvertently not incorporated into
the ICA and the work was performed under the CFA.
In August 2019,Horton made a claim for reimbursement of the additional costs for the intersection change.Staff researched the claim and finds it
is valid and owed.
The funding for this settlement agreement is being appropriated from the Developer Contribution Fund. In 2016,after the design and construction
of Basswood Boulevard had been authorized by Council,Saginaw 106,Ltd.began developing a residential subdivision on the north side of
Basswood Boulevard between Blue Mound Road and Robert W.Downing Road. Since their Basswood Boulevard frontage was included in the
ICA work,they paid the City$686,150.00 for their proportionate share of that frontage and intersection improvements. Those funds are being
appropriated to pay for the additional costs of the intersection change.
This project is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available within the CFA Basswood FM 156 to Almondale project within the Developer
Contribution Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance,funds will be available
within this project. Prior to an expenditure being incurred,the Development Services Department has the responsibility of verifying the availability
of funds.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: DJ Harrell 8032
Additional Information Contact: Janie Morales 7810
Julie Westerman 2677