HomeMy WebLinkAboutOrdinance 24648-01-2021 ORDINANCE NO.24648-01-2021
AN ORDINANCE ADJUSTING RECEIPTS AND APPROPRIATIONS IN THE
TRANSPORTATION IMPACT FEE CAPITAL FUND BY INCREASING
RECEIPTS AND APPROPRIATIONS IN THE CFA CHAPEL CREEK PHASE 3
PROJECT BY $418,164.12, AND DECREASING RECEIPTS IN THE REVENUE-
SERVICE AREA S- TRANSPORTATION IMPACT FEE PROJECT (CITY
PROJECT NO. UN9922) BY THE SAME AMOUNT; 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 adjusted receipts and appropriations in the Transportation
Impact Fee Capital Fund by increasing receipts and appropriations in the CFA Chapel Creek Phase 3 project
by$418,164.12, and decreasing receipts in the Revenue-Service Area S-Transportation Impact Fee project
(City Project No.UN9922)by the same amount.
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said prior ordinances and appropriations are hereby expressly repealed.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: /C1IT�Y SECRETARY
Richard. (Jan 14,202113:57 CST)
Richard A.McCracken Mary J.Kayser
Sr.Assistant City Attorney O R T 4_
ADOPTED AND EFFECTIVE:January 12,2021 _
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 01/12/21 M&C FILE NUMBER: M&C 21-0009
LOG NAME: 06CHAPEL CREEK PHASE 3
SUBJECT
(CD 3)Authorize an Amendment to City Secretary Contract Number 51610,a Community Facilities Agreement with D.R. Horton-Texas, Ltd to
Add City Participation in the Amount of$418,164.12,for Oversizing for the Arterial Construction of the Northern Two Lanes of Amber Ridge Drive
Between Wind Star Way and Academy Drive for Future Anticipated Growth in the West Side of Fort Worth and to Serve the Chapel Creek
Development;Authorize the Use of Funds within the Transportation Impact Fee Capital Fund in the Amount of$418,164.12 for the Chapel Creek
Development,Adopt Appropriation Ordinances,and Amend the FY2021-2025 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of an Amendment to City Secretary Contract Number 51610,a Community Facilities Agreement with D.R. Horton-
Texas, Ltd, to add City participation in the amount of$418,164.12 for oversizing Amber Ridge Drive to construct the northern two
lanes between Wind Star Way and Academy Drive for future anticipated growth in the west.side of Fort Worth and to serve the Chapel Creek
Development(City Project Number 101317);
2. Adopt the attached Appropriation Ordinance adjusting receipts and appropriations in the Transportation Impact Fee Cap Fund by increasing
receipts and appropriations in the CFA Chapel Creek Phase 3 project(City Project No. 101317)in the amount of$418,164.12 and
decreasing receipts in the Revenue-Service Area S-Transportation Impact Fee Fund(City Project No.UN9922)by the same amount;and
3. Amend the FY2021-2025 Capital Improvement Program.
DISCUSSION:
The purpose of this Mayor and Council Communication(M&C)is to reimburse D.R. Horton-Texas, Ltd(Developer)for the construction of the
northern two lanes of Amber Ridge Drive between Wind Star Way and Academy Drive that was constructed with Chapel Creek Phase 3(City
Project Number 101317),located generally east of Chapel Creek Boulevard,south of Westpoint, north of Interstate Highway(IH-20),and west of
Alemeda Street.The development was required to construct the southern two lanes of Amber Ridge Drive to serve the site and satisfy rough
proportionality requirements. In addition to the construction of the southern two lanes,the Development constructed the northern two lanes to
complete the full section of Amber Ridge between Chapel Creek and Academy Drive.
The City desires to reimburse the Developer for building the northern two lanes of Amber Ridge Drive to serve the anticipated future development
in the surrounding area.The project is complete and the roadway improvements have been accepted by the City for maintenance.
In accordance with Chapter 212, Subchapter C of the Texas Local Government Code,the City's participation in the contract is exempt from
competitive bidding requirements because the contract is for oversizing public improvements being constructed by the developer,the developer
executed a performance bond to cover the total project cost, including all of the City's cost participation,and the City's cost participation is in
accordance with the City's CFA Unit Price Ordinance.
The City's cost participation in the construction of the roadway construction is$418,164.12,as shown in the table below:
A.Constuction Developer City Cost Total Cost
1.Paving Improvements $1,196,313.00$284,328.78$1,480,641.78
2.Storm Water $871,264.43 $9,567.57 $880,832.00
Improvements
Total Construction Cost $2,067,577.43$293,896.35$2,361,473.78
IL
B.Other Costs
1.ROW Acquisition $0.00 $65,488.50 $65,588.50
2.Engineering,Survey, $0.00 $58,779.27 $58,779.27
Material Testing
Total Project Cost $2,067,577. 3=$418,164.12$2,485,841.55
This project is located within the Transportation Impact Fee Service Area S and was identified as impact fee eligible in the most recent
Transportation Impact Fee Study.The Transportation Impact fee funding provides the City participation in the Developer project.Any residual funds
remaining after project closure are to be returned to the Revenue-Service Area S-Transportation Impact Fees project(City Project No.UN9922).
The reimbursement of the participation is a lump-sum amount and is less than the City's CFA Unit Price Ordinance and is based on the actual
quantities from the Notice of Final Completion Package, commonly referred to as the Green Sheet Package. The work is completed and
reimbursement can occur upon approval of this M&C.
Transportation Impact Fee Funding for this project was not included in the FY2021-2025 Capital Improvement Program.The action of this M&C will
amend the FY2021-2025 Capital Improvement Program as approved in connection with Ordinance No.24446-09-2020.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Revenue-SA S-Transp Imp Fees within the Transportation Impact Fee
Capital Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances,funds will be available in
the Trans Impact Fee Capital Legacy Fund and the Transportation Impact Fee Cap Fund for the CFA-Chapel Creek Phase 5 project to support the
approval of the above recommendations and execution of the community facilities agreement. 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: D.J. Harrell 8032
Additional Information Contact: Mirian Spencer 2677