HomeMy WebLinkAboutOrdinance 17923-12-2007Ordinance No. 17923-12-2007
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $889,587
FROM AVAILABLE FUNDS FOR THE PURPOSE OF FUNDING THE WEST
SEVENTH VILLAGE 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 $889,587 from available funds for the purpose of
funding the West Seventh Village 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conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 Attorne
ADOPTED AND EFFECTIVE: December 18, 2007
C®~jr ®f ~®e~' ®~'h, ?"axes
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/18/2007 -Res. No. 3567-12-2007 & Ord. No. 17923-12-
2007
DATE: Tuesday, December 18, 2007
LOG NAME: 06S07TXDOT REFERENCE NO.: G-16000
SUBJECT:
Authorize Execution of Amendment to Advance Funding Agreement with Texas Department of
Transportation, City Secretary Contract No. 29678, Related to West Seventh Village (South of 7th)
Project; Authorize Transfers from Capital Projects Funds to Grants Fund and Adopt Appropriation
Ordinance for City's Obligations under Such Amended Agreement; and Adopt Resolution AfFirming
that the Requirements of the Trarisportation-Land Use Joint Venture Grant Program have been met
for such Project
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of $304,722.12 from the 2004 New Development Fund to the Grants Fund to pay
the Texas Department of Transportation's administration fee for the West Seventh Village Project and a
portion of the Museum Way quiet zone improvements;
2. Authorize the transfer of $242,394.88 from the 1993 New Development Fund to the Grants Fund to pay
for a portion of the Museum Way quiet zone improvements;
3. Adopt the attached Resolution affirming that the requirements of the Transportation-Land Use Joint
Venture Grant Program have been met for the West Seventh Village Project;
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $889,587.00; and
5. Authorize the City Manager to execute the attached amendment to City Secretary Contract No. 29678,
an Advance Funding Agreement with the Texas Department of Transportation that addresses funding
responsibilities for the Project.
DISCUSSION:
On January 28, 2003, the City Council authorized execution of an Advance Funding Agreement (the
Agreement) with Texas Department of Transportation (TxDOT) for receipt of a Transportation-Land Use
Joint Venture Grant for the West Seventh Village (South of 7th) project, City Secretary Contract No. 29678,
M&C C-19455. This project consists of three elements: 1) Museum Way streetscape improvements and a
railroad crossing quiet zone; 2) Lancaster Avenue pedestrian bridge; and 3) West Seventh streetscape
improvements (collectively, the Project). The quiet zone is completed and the Museum Way streetscape is
expected to be put out for bid in the first quarter of 2008. The Parks and Community Services Department
has hired Freese and Nichols to prepare the design for the Lancaster Avenue pedestrian bridge.
Under the original Agreement, the estimated cost of the Project was $3,784,585, of which TxDOT agreed to
Lognaine: 06S07TXDOT Page 1 of 2
contribute $3,027,636, leaving the City responsible for $756,909. Since that time, both the cost and scope
of the Project have increased. Under the proposed amended Agreement, the estimated cost of the Project
is $4,531,816, of which TxDOT will contribute $3,625,452, leaving the City responsible for $906,364. The
City's portion may be covered through land dedication or cash, or a combination thereof. To date, $869,247
of the City's portion has already been accounted for: (i) pursuant to an Economic and Community
Development Agreement between the City and Sol #1, L.P., (the developer of the South of 7th
townhomes), Sol #1, L.P., contributed $10,000 in cash and $795,410 in land dedication, and (ii) as outlined
in M&C G-15468, adopted by the City Council on October 24, 2006, Acme Brick Company contributed
$63,837 in cash. The remaining $37,117 for which the City is responsible under the amended Agreement is
included in the attached appropriation ordinance. This sum covers a new, standardized 4.27 percent
administration fee charged by TxDOT for all locally let projects, including this Project.
The ordinance also appropriates an additional $342,470 from TxDOT (consisting of $148,467 non-cash and
$194,003 cash contributions), which, added to an additional $255,346 in TxDOT funds previously
appropriated pursuant to M&C G-15468, covers all of TxDOT's added costs under the amended
Agreement. The remaining $510,000 appropriated in the ordinance covers the cost of the railroad crossing
quiet zone for Museum Way, which the City agreed to pay for in accordance with a Community Facilities
Agreement between the City and Sol #1, L.P., City Secretary Contract No. 29230, M&C C-19454, as
amended by City Secretary Contract No. 32291, M&C C-20918. City staff initially pursued reimbursement
for the quiet zone expenses from the Project grant funds available under the Agreement, but the expedited
timing of construction would not accommodate the required TxDOT design review period and thus
disqualified the project for reimbursement. Staff recommends transferring $510,000 from the Capital
Projects Fund to the Grants Fund to cover this liability.
The attached Resolution, required by TxDOT, states that the City has met all of its requirements under the
Transportation-Land Use Joint Venture Grant Program. Upon approval of this M&C and adoption of the
attached Resolution, the City will be in such a position.
This project is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that 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
(1) GR76 472202 022302898000 $304,722.12
(2) GR76 472113 022302898000 $242.394.88
f4) GR76 451962 022302898000 $148,467.00
(4) GR76 451942 022302898000 $194,003.00
(~ GR76 541200 022302898020 $889,587.00
FROM Fund/Account/Centers
(2) C113 538070 020113136360
(1) C202 538070 229770010880
(4) GR76 541200 022302898020
$242,394.88
$304,722.12
X37,117.00
Submitted for City Manager's Office bk
Originating Department Head:
Additional Information Contact:
Dale Fisseler (6266)
Fernando Costa (8042)
Randy Hutcheson (8008)
Logname: 06S07TXDOT Page 2 of 2