HomeMy WebLinkAboutOrdinance 17912-12-2007Ordinance No.17912-12-2007
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $377,009
FROM AVAILABLE FUNDS FOR THE PURPOSE OF FUNDING THE
ANTICIPATED COST OVER-RUNS FOR THE WEST BERRY STREET GRAND
MARC PROJECT; PROVIDING FOR A SEVERABILITY CLAUSE; 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 2007-
2008 and in the Budget of the City Manager, there shall also be increased estimated receipts and
appropriations in the Grants Fund in the amount of $377,009 from available funds for the purpose of
funding the anticipated cost over-runs for the West Berry Street Grand Marc Project.
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. 17749 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conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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:
Assistant City Attorney
ADOPTED AND EFFECTIVE: December 11 2007
Cep ®f F®e~ I/V®~h, T'exas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/11/2007 -Ord. No. 17912-12-2007
DATE: Tuesday, December 11, 2007
LOG NAME: 06SD WBERRYREV
REFERENCE NO.: G-15992
SUBJECT:
Accept In-Kind and Monetary Contribution from Texas Christian University for the West Berry Street
- Grand Marc Sustainable Development Project, Authorize the Execution of a Developer Agreement
with Texas Christian University, Authorize Transfer of $377,009 from the New Development Fund to
the Grants Fund, and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Amend M&C G-15244 to accept $199,470 from Texas Christian University as in-kind contribution and
monetary funds;
2. Authorize the execution of a developer agreement with Texas Christian University;
3. Authorize the transfer of $377,009 from the 2004 New Development Fund to the Grants Fund to cover
the anticipated cost of streetscape improvements in the Berry/University intersection; and
4. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the
Grants Fund by $377,009.
DISCUSSION:
On January 19, 2006, (M&C G-15065) the City Council authorized the Planning and Development
Department to submit nominations for seven projects for funding through the North Central Texas Council of
Governments' (NCTCOG) Sustainable Development Program. On April 13, 2006, the Regional
Transportation Council approved funding in the amount of $2,400,000 for the West Berry Street -Grand
Marc Project. This grant amount requires a local match of $600,000, which brings the total project amount
to $3,000,000.
This project will extend streetscape enhancements to include the intersection of University Drive and West
Berry Street and three blocks of West Berry Street between University Drive and Waits Avenue.
Construction on Phase One has recently been completed on West Berry Street between Waits Avenue and
Forest Park Boulevard. The project location is currently asix-lane arterial with no median or landscaping.
These three blocks will be designed to comply with the vision of the Berry Street Revitalization Plan, and
will follow the design elements as established in the construction documents for Phase One. The design
elements include articulated intersection designs, landscaped medians, widened sidewalks, on-street
parking, landscaping along the street's edge, and street furniture.
On June 20, 2006, (M&C G-15244) the City Council accepted funds in the amount of $199,470 from Texas
Christian University (TCU) towards the local match requirement. Following the destruction of the TCU
bookstore by fire, TCU requested to provide their match amount as an in-kind contribution of right-of-way
Logname: 06SD WBERRYREV Page 1 of 2
improvements around the new bookstore. Although TCU's in-kind contributions exceed the required match,
some of those improvements, such as utility relocation, are not considered contributing improvements by
NCTCOG. Therefore, TCU has agreed to contribute in-kind improvements estimated at $139,101 and the
remaining $60,369 in monetary funds to meet the match requirement. The City Council also authorized a
Memorandum of Understanding or an Enhanced Community Facilities Agreement with TCU. City staff
believes it is more appropriate to execute a developer agreement with TCU to specify the conditions of the
in-kind and monetary contribution.
In that same M&C, the City Council adopted an appropriation ordinance of $3,000,000 for construction of
the West Berry Street project. Since that time, City staff and project consultants have identified a funding
shortfall of approximately $377,009 for improvements to the Berry/University intersection. This shortfall can
be funded by the 2004 New Development Fund set aside for urban villages.
Upon approval of this M&C, staff will execute a developer agreement with TCU to construct streetscape
enhancements in the right-of-way around the TCU Barnes & Noble bookstore. The in-kind contributions and
monetary funds will be combined in the amount of at least $199,470. The developer agreement will specify
streetscape enhancements including sidewalks and landscaping.
This project is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget as appropriated in the
New Development Fund and 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 Grants
.Fund.
TO Fund/Account/Centers
4)GR76 541210 022203110030 $377.009.00
1~GR76 488339 022203110000 3139.101.00
1)GR76 541110 022203110040 3139.101.00
~41GR76 472202 022203110000 3377.009.00
FROM Fund/Account/Centers
3)C202 538070 179770040783
1)GR76 488395 022203110000
1)GR76 541210 022203110010
$377,009.00
Submitted for City Manager's Office b~
Originating Department Head:
Additional Information Contact:
Dale Fisseler (x6266)
Fernando Costa (x8042)
Scott Bellen (x6942)
$139.101.00
3139,101.00
Logname: 06SD WBERRYREV Page 2 of 2