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HomeMy WebLinkAboutOrdinance 16893-04-2006Ordinance Na.16893-04-2006 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS EN THE SPECEALLY 1"UNDED CAPITAL PROJECTS FUND IN THE AMOUNT OF $4,571,233 FROM AVAlLASLE FUNDS FDR THE PURPOSE OF FUNDING THREE DISCRETIONARY SERVICES AGREEMENTS WITH TXU ELECTRIC DELIVERY COMPANY FOR THE RELOCATION OF EXISTING TXU FACILITIES LOCATED ON 12~ STRI=ET, 14~ STREET, THROGICMORTON STREET, AND HDUSTON STREET; PROVIDING FOR A SEVEBASICITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF P121OR ORDINANCES IN CONFLICT N1=REWITH; AND F'ROViDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT W(]RTH, TEXAS: SECTION 1. That In addition to thane amounts allocated to the various Cily dEpartments far Fiscal Year 20(75- 2006 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Specially Funded Capital Projects l=and in the amount of $1,571,233 from available funds for the purpose of funding three Discretionary Services Agreements with TXU Electric Delivery Company far fhe relocation of existing TXU facilities located on 12~' Street, 1~tm Street, Thracicmorton Street, and Houston Street. SECTION 2. That should any portion, sect'son or part of a seatian of this ordinance be declared invalid, inoperative ar void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, ar parts of sections of this ordinance, which said remaining provisions shall be and remain in fail force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance Na. 16x82 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in which instance said canfiicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APP V D AS T M LEGRLITY: f Assistant Att ey ADOPTED AND IF;~ECTNE. April 11, 2006 Cit~r ®f F®rt ®r~h, T"e~~ ~ I ~ ~ 1 COUNCIL ACTION: Approrred on 4111120fl6 -Ordinance No. 16892-fl4-2flfl6 & 16893-fl4-20fl6 DATE: Tuesday, April 11, 2006 I.-OG NAME: 303012TH-TEDC2 REFERENCE NO.: C-21400 SUBJECT: Adopt Appropriation Ordinances and Authorize Payment Under Protest to and Execution of Discretionary Service Agreements with TXU Electric Delivery Company for the Relocation of Existing TXU Facilities Located an 12th Street, 14th Street, Throckmorton Street and Houston Street (City Project No. 00136} RECOMMEN©ATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing appropriations in the Culture and Tourism Fund by $1,571,233.00 and decreasing the unreserved, undesignated fund balance by the same amount; 2. Authorize the transfer of $1,571,233.00 from the Culture and Tourism Fund to the Specially Funded Capital Projects Fund; 3. Adapt the attached appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $1,571,233.00, from available funds; and 4. Authorize the City Manager to execute three Discretionary Services Agreements with TXU Electric Delivery Company (TXU} under which the City will make payments under protest totaling $1,571,233.00 for the relocation andlor upgrade of existing TXU facilities located on 12#h Street, 14th Street, Throckmortan Street and Houston Street. ®ISCUSSION: In order to construct the City's new parking garage and the Omni Hote! west of the Fort Worth Convention Center, it is necessary to relocate all private utility service conflicts located nn 12th and 14th Streets (Thrnckmorton Street to Houston Street} and Throckmorton and Houston Streets (11th Street to 14th Street) . In order to eliminate these conflicts, TXU's facilities must be relocated. TXU has requested that the City execute three Discretionary Service Agreements and pay a total of $1,571,233.00 for the relocation of its facilities at the fallowing locations: 1. Electric Facility relocation north of Throckmorton and 14th Streets due to conflict with proposed storm drain sewer. ($269,645.00) 2. Upgrade of Electric Facilities at 12th and 14th Streets due to the pending abandonment of 13th Street. ($992,376.OD) 3. Electric Facility relocation on Houston Street, north of 14th Street due to proposed storm drain sewer Logname: 303012TH-TEDC2 Page 1 a~ 2 conflict. ($305,212.00) The City Attorney's Office has advised staf# that TXU may be responsible for Borne or all costs related to the relocation andlor upgrade of TXU facilities located in City right-off way. However, in order to avoid a lengthy delay in the construction of the hotel and City garage, staff recommends that the City pay the amount requested by TXU. Staff will inform TXU that the payment will be made under protest and without waiver of any rights the City has to seek reimbursement of the $1,579,233.00. The project is located in COUNCIL DISTRICT 9, Mapsco 77A. F1SCA~, 1NFC)RMAT{QNICERTIFICATION. The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current capital budget, as appropriated, of the Specially Funded Capital Projects Fund. The unreserved, designated fund balance of the Culture and Tourism Fund will be $92,654.074 after this appropriation. TO FundlAccn~antlCenters FROM FundlAccountlCenters 1)GG04 538070 024©400 $1,571,233.00 2)GG04 538070 0240400 $1,571.233.00 2 &3 G291 472004 3092400136 $1.571.233.00 410291 539120 3092400136 $1.571.233.00 3 C) 29t 539120 30824001367 $1.571.233.Oa 5utzmitted for City Manager's Offiic~ bv; Marc Ott (8476} Ori inatin De artment Head: Douglas Rademaker (6157) Additional lnforrnation Contact. Douglas Rademaker (6157) t,ogname: 303012TH-TEAC2 Page 2 of 2