HomeMy WebLinkAboutOrdinance 24992-08-2021 ORDINANCE NO.24992-08-2021
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS FOR THE OPEN SPACE APPROPRIATIONS PROJECT
WITHIN THE WATER AND SEWER GAS LEASE CAPITAL PROJECTS FUND
BY $2,885,000.00, FROM PREVIOUSLY AUTHORIZED GAS LEASE
TRANSFERS, FOR THE PURPOSE OF FUNDING OPEN SPACE ACQUISITION;
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 increased estimated receipts and appropriations in the Open
Space Appropriations project of the Water and Sewer Gas Lease Capital Projects Fund, by $2,885,000.00
from previously authorized gas lease transfers,for the purpose of funding open space acquisition.
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said prior ordinances and appropriations are hereby expressly repealed.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: ACTING CITY SECRETARY
Assistant City Attorney Ronald P.Gonzales
FORT
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ADOPTED AND EFFECTIVE: August 10,2021
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/10/21 M&C FILE NUMBER: M&C 21-0551
LOG NAME: 20OPENSPACE&BROADCASTHILLFUNDING
SUBJECT
(ALL)Appropriate Previously Authorized Gas Lease Distributions of$8,200,000.00 from the General Gas Lease Capital Projects Fund and
$2,885,000.00 from the Water and Sewer Gas Lease Capital Projects Fund to the Open Space Appropriations Project,
Accept Monetary Donation in the Amount of$64,409.79 from the Friends of Tandy Hills Natural Area, Inc.for Costs Related to the Acquisition of
Broadcast Hill, Return Unused Corpus in the Amount of$68,352.80 to the Open Space Appropriations Project,Authorize the Use of
$75,000.00 for Land Protection and Parking at Broadcast Hill,Authorize the Use of$50,000.00 for Pre-Acquisition Costs Related to Open Space
Acquisitions,Amend the Fiscal Years 2021-2025 Capital Improvement Program,and Adopt Attached Appropriation Ordinances
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations for the Open Space Appropriations project of
the General Gas Lease Capital Projects Fund in the amount$8,200,000.00,from previously authorized gas lease transfers,for the purpose
of funding open space acquisition;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations for the Open Space Appropriations project
within the Water and Sewer Gas Lease Capital Projects Fund in the amount of$2,885,000.00,from previously authorized gas lease
transfers,for the purpose of funding open space acquisition;
3. Authorize the acceptance of a monetary donation in the amount of$64,409.79 from the Friends of Tandy Hills Natural Area, Inc.for costs
related to the acquisition of the Broadcast Hill property;
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the amount of$64,409.79 for the
Broadcast Hill Acquisition project within the Special Donations Capital Projects Fund for the purpose of recognizing and allocating the
donation toward the acquisition costs of the Broadcast Hill property;
5. Adopt the attached appropriation ordinance decreasing estimated receipts and appropriations for the Broadcast Hill Acquisition project
(City Project No. 102623)within the General Gas Lease Capital Projects Fund in the amount of$68,352.80,and increasing estimated
receipts and appropriations for the Open Space Appropriations project by the same amount, hereby returning unused distribution of corpus
to the Open Space Appropriations project;
6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations for the Broadcast Hill Improvements project
(City Project No. 103512)within the General Gas Lease Capital Projects Fund in the amount of$75,000.00,and decreasing estimated
receipts and appropriations for the Open Space Appropriations project by the same amount, hereby authorizing the use of Open Space
funds for the purpose of providing land protection and parking improvements to Broadcast Hill;
7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations for the Open Space Pre-Acquisition project
(City Project No. 103511)of the General Gas Lease Capital Projects Fund by$50,000.00,decreasing estimated receipts and
appropriations for the Open Space Appropriations project by the same amount,hereby authorizing the use of Open Space funds for pre-
acquisition costs in advance of land acquisition;
8. Authorize any unused funds to be returned to the Open Space Appropriations project(City Project No. PA0001)upon project completion;
and
9. Amend the Fiscal Years 2021-2025 Capital Improvement Program.
DISCUSSION:
The purpose of this Mayor and Council Communication(M&C)is to appropriate the previously authorized distribution of Gas Lease corpus funds
into the Open Space Appropriations project(City Project No. PA0001),to authorize acceptance and appropriate a donation made by the Friends
of Tandy Hills Natural Area, Inc.for costs related to the purchase of the Broadcast Hill property,to authorize the expenditure of funds on fencing and
parking at the Broadcast Hill property(City Project No. 103512),and to appropriate funding related to pre-acquisition of open space costs
anticipated this fiscal year and in future years(City Project No.103511).
Open Space and Gas Lease Corpus Funding
On December 1,2020(M&C 20-0869)Mayor and Council approved the distribution of corpus funds from the General Endowment Gas Lease
Fund in the amount of$8,200,000.00 and the Water and Sewer Endowment Gas Lease Fund in the amount of$2,885,000.00 to the Open Space
Acquisition Program.Although the distribution of funds was approved to be transferred to the Capital Project Funds to be held for future open
space needs,the funds were not appropriated to the Open Space Appropriations project(City Project No.PA0001).This M&C seeks
authorization to appropriate the funding into the Open Space Appropriations project(City Project No.PA0001)until recommendations for further
open space acquisitions are brought to Mayor and Council.
Broadcast Hill
In January 2020,the Broadcast Hill properly was identified as a potential acquisition in accordance with the stated goals and objectives of the
Open Space Conservation Program.In March 2020,$620,000.00 was distributed from the City's Mineral Trust Fund and the Fort Worth
Permanent Fund for the purchase of Broadcast Hill(M&C 20-0124).
In support of the acquisition of Broadcast Hill,the Friends of Tandy Hills Natural Area, Inc.(Friends)collected donations from many members of the
community totaling$64,409.79 to assist the City with the purchase of the property.When Broadcast Hill was purchased in June 2020,the City
failed to formally recognize through Council the receipt of the Friends donation.This M&C provides that formal acknowledgement and designates
the donation as a funding source for the purchase of the property.
Due to the addition of the Friends donation to the Broadcast Hill Land Acquisition project,this M&C authorizes that the previous distribution of
$620,000.00 made for the Broadcast Hill Land Acquisition project be reduced by the donation amount of$64,409.79 and returned to the Open
Space project.Additionally,closing costs appropriated as a part of the Broadcast Hill Land Acquisition project and estimated at$10,000.00 came
in under budget at$6,056.99,so the residual unused funding of$3,943.01 will also be retumed to the Open Space Appropriations project.The
total to be returned to the Open Space Appropriations project is$68,352.80.
Protection and Access at Broadcast Hill
This M&C authorizes the use of$75,000.00 of Open Space project funding to protect the natural habitat at Broadcast Hill through the installation of
fencing and gates by the Park&Recreation Department to prevent off-road vehicles from degrading the habitat.A gravel parking area will also be
constructed to provide a more accessible and safer parking solution for visitors.The fencing and parking will be maintained by the Park&
Recreation Department.
Pre-Acquisition Costs
This M&C also authorizes funding for pre-acquisition costs spent prior to taking proposed property to Council for acquisition approval(City Project
No. 103511). It is estimated that$50,000.00 of Open Space Appropriations project funding is needed for initial site investigation activities such as
appraisal,survey,staff time,and other applicable costs associated with evaluating a site to determine if acquisition should be pursued.
General Comment
As with all use of funding for Open Space Appropriations acquisition,any unused funding upon actual project completion will be returned to the
Open Space project.Staff will return to City Council with separate M&Cs as needed to authorize use of funding and the actual purchases of open
space.Open Space funding was not included in the FY2021-2025 Capital Improvement Program.Open Space will continue to be appropriated
via M&C's as funding becomes available and each acquisition or use of funds is identified and requested for approval by Mayor and Council.The
action on this M&C will also update the FY2021-2025 Capital Improvement Program.
These projects are located in ALL COUNCIL DISTRICTS.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations,funds will be available in the capital budgets,as appropriated,
in the General Gas Lease Capital Proj Fund,the Water/Sewer Gas Lease Cap Proj Fund,and the Special Donations Cap Projects Fund for Open
Space projects.Prior to any expense being incurred,the Property Management Department and the Transportation&Public Works Department
have the responsibility to validate the availability of funds.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: William Johnson 7801
Additional Information Contact: Brandi Kelp 7901