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HomeMy WebLinkAboutOrdinance 20472-10-2012Ordinance No. 20472 -10 -2012 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 20336 -08- 2012 TO SPECIFY THAT APPROPRIATION OF $2,830,000.00 WILL BE MADE TO THE INFORMATION SYSTEMS 2004 OVERRUN FUND RATHER THAN THE STREET IMPROVEMENTS 2004 OVERRUN FUND; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR, NON - CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on August 21, 2012, the City Council approved M &C G- 17652, which adopted Ordinance 20336 -08 -2012, increasing estimated receipts and appropriations in several specified funds in the combined amount of $94,073,000.00 from the sale of Combination Tax and Revenue Certificates of Obligation, Series 2012; and WHEREAS, Section 1 of Ordinance 20336 -08 -2012 included an appropriation of $2,830,000.00 to the Street Improvements 2004 Overrun Fund; and WHEREAS, the Street Improvements fund name was incorrect, and the appropriation of $2,830,000.00 should have been made to the Information Systems 2004 Overrun Fund; and WHEREAS, the City Council wishes to amend Ordinance 20336 -08 -2012 to correct that error. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. That Section 1 of Ordinance 20336 -08 -2012 is hereby amended to replace the reference to "Street Improvements 2004 Overrun Fund" with a reference to "Information Systems 2004 Overrun Fund." All portions of Ordinance 20336 -08 -2012 not specifically amended shall remain in effect. Ordinance No. 20472 -10 -2012 Page 1 of 2 SECTION 2. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. This ordinance shall take effect on adoption. City A TO FORM AND LEGALITY: ADOPTED AND EFFECTIVE: 20472 -10 -2012 Ordinance No. 20472 -10 -2012 Page 2 of 2 City of Fort Worth, Texas Mayor and Council Communication w. COUNCIL ACTION: Approved on 10/23/2012 - Ordinance No. 20472 -10 -2012 DATE: Tuesday, October 23, 2012 REFERENCE NO.: G -17713 LOG NAME: 131S FUND OVERRUN SUBJECT: Amend Mayor and Council Communication G -17652 to Change References from the Street Improvements 2004 Overrun Fund to the Information Systems 2004 Overrun Fund and Correct the Associated Fund Account Center Information and Adopt Ordinance Amending Ordinance 20336 -08 -2012 to Correct Fund Name (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Amend M &C G -17652 to change references from the Street Improvements 2004 Overrun Fund to the Information Systems 2004 Overrun Fund and to correct the associated fund account center information; and 2. Adopt the attached ordinance amending Ordinance 20336 -08 -2012 to change references from the Street Improvements 2004 Overrun Fund to the Information Systems 2004 Overrun Fund. DISCUSSION: On August 21, 2012, the City Council approved M &C G- 17652, which adopted an appropriation ordinance increasing estimated receipts and appropriations in several specified funds in the combined amount of $94,073,000.00 from the sale of Combination Tax and Revenue Certificates of Obligation, Series 2012. The Mayor and Council Communication and ordinance included an appropriation of $2,830,000.00 to the Street Improvements 2004 Overrun Fund. However, that fund name was incorrect, and the appropriation of $2,830,000.00 should have been made to the Information Systems 2004 Overrun Fund for the purpose of replacing the Holly Tower and the purchase and installation of Phase II of the microwave replacement project. The purpose of this Mayor and Council Communication is to amend M &C G -17652 and appropriation ordinance 20336 -08 -2012 to correct this error by changing all references from the Street Improvements 2004 Overrun Fund to the Information Systems 2004 Overrun Fund and changing the C252 fund account center information to the P252 fund account center information listed below. All other terms of M &C G -17652 and the associated appropriation ordinance will remain the same. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendation, funds will be available in the current capital budget, as appropriated, of the Information Systems 2004 Overrun Fund. Logname: 13IS FUND OVERRUN Pagel of 2 TO Fund /Account/Centers FROM Fund /Account/Centers P252 485212 041039990100 $2,830,000.00 P252 541200 041039990100 $2,830,000.00 CERTIFICATIONS: Submitted for City Manager's Office bv: Susan Alanis (8180) Originating Department Head: Lena Ellis (8517) Additional Information Contact: Lisa Parks (6630) Logname: 13IS FUND OVERRUN Page 2 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Continued on 10/23/2012 - Continued to 11/6/2012 e DATE: Tuesday, October 23, 2012 REFERENCE NO.: L -15457 LOG NAME: 80OAKLAND PARK STORM DRAINAGE SUBJECT: Conduct Public Hearing and Authorize Use of a Portion of Oakland Lake Park for the Purpose of Installing Storm Drainage Improvements (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; 2. Find that no feasible or prudent alternative exists to the use of Oakland Lake Park for the location of the proposed storm drainage improvements; 3. Find that the proposed storm drainage improvements include all reasonable planning to minimize harm to the parkland and will be constructed in Oakland Lake Park as specified on the attached Exhibits and as noted in the discussion below; and 4. Close the public hearing and authorize the use of approximately 0.20 acres of Oakland Lake Park for the installation of storm drainage improvements. . Oakland Lake Park - located at 1645 Lake Shore Drive, Mapsco 64Z, 65W, 78D and 79A, east of Lake Shore Drive, west of Ederville Road, south of Oakland Place and north of Barnett Street. DISCUSSION: The purpose of this Mayor and Council Communication is to authorize the use of approximately 0.20 acres of Oakland Lake Park for the installation of storm drainage improvements by the City of Fort Worth (City) Transportation and Public Works (TPW) Department. The Parks and Community Services Department (PACSD) has been approached by the TPW Department proposing to install storm drainage improvements in Oakland Lake Park. The purpose of the project is to provide adequate storm drain capacity to an outfall system in order to reduce flooding along Provine Street. The project is proposing to install a 42 inch storm drain to the outfall channel in Oakland Lake Park. Approximately 300 linear feet of storm drainage improvements are being proposed. The width of the proposed temporary workspace varies from 20 feet to 30 feet. A portion of the outfall will include bank and channel stabilization to prevent erosion. The proposed alignment will impact several trees within the channel and the remaining trees will be protected with tree protection fencing. Trees less than 30 inches in diameter at breast height (dbh) permitted for removal must be mitigated on an inch - per -inch basis. Mitigation trees must be planted on City rights -of -way, median or other public land. They must be watered and maintained until established for Logname: 80OAKLAND PARK STORM DRAINAGE Page I of 2 a minimum of two years. If mitigation on site is not possible or desirable, mitigation into the City's Tree Fund will be made in the amount of $200.00 per inch not planted. The City Forester will review the proposed alignment and assess the proposed mitigation once all plans have been finalized. Upon completion of this project, the park will be returned to a condition that is at least as good as the one in which it exists prior to commencement of the project. TPW has also agreed to maintain all of the drainage structures being installed within the park and will be coordinating with PACSD staff during the entire construction process. In accordance with Chapter 26 of the Texas Parks and Wildlife Code, the City seeks to use approximately 0.20 acres of parkland for installation of storm drainage improvements. On August 22, 2012, the Parks and Community Services Advisory Board endorsed Staffs recommendation to the City Council to authorize the use of a portion of parkland at Oakland Lake Park for installation of storm drainage improvements. In accordance with state law, public notice was advertised in the Fort Worth Star - Telegram on September 25, 2012, October 2, 2012 and October 9, 2012. An Exhibit map was available for public review for 30 days at the PACSD administrative offices located at 4200 South Freeway, Suite 2200. Signage was posted at the site on October 1, 2012, announcing the proposed use and providing instructions for directing comments to the PACSD. A letter announcing the proposed use was sent to the president of the West Meadowbrook Neighborhood Association on October 2, 2012. During the Report of City Staff, Staff will note any public comment that has been received. Oakland Lake Park is located in COUNCIL DISTRICT 8. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund /Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund /Account/Centers Susan Alanis (8180) Richard Zavala (5704) David Creek (5744) Logname: 80OAKLAND PARK STORM DRAINAGE Page 2 of 2