HomeMy WebLinkAboutOrdinance 19417-10-2010 Ordinance No. 19417-10-2010
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE GRANTS FUND IN THE AMOUNT OF $1,762,681.00, FROM AVAILABLE
FUNDS, FOR THE PURPOSE OF FUNDING THE DESIGN, RIGHT-OF-WAY, UTILITIES
AND CONSTRUCTION FOR THE BERRY VAUGHN INTERSECTION PROJECT ON US
HIGHWAY 287; 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 2010-2011 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the
Grants Fund in the amount of $1,762,681.00 from available funds, for the purpose of funding the design,
right-of-way, utilities and construction for the Berry Vaughn Intersection Project on US Highway 287.
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.19355 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ordinances and appropriations are hereby expressly repealed.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: October 26, 2010
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10126/2010 - Ord. No. 1941`7-10-2010
DATE: Tuesday, October 26, 2010 REFERENCE NO.: C-24562
LOG NAME: 17US287 BERRY/VAUGHN
SUBJECT:
Authorize the Execution to the Local Project Advance Funding Agreement with the Texas Department of
Transportation in the Amount of$1,762,681.00 for Construction of the Berry/Vaughn Intersection on US
Highway 287 Southbound Frontage Road, Accept $1,250,848.00 Grant from North Central Texas Council
of Governments, Authorize Execution of Amendment to Advance Funding Agreement with Renaissance
Square, LLC for Use of$312,713.00 Payment from Renaissance Square, LLC to Fund the Local Matching
Obligations, Authorize Transfer of$199,120.00 from the City's General Fund to the Grants Fund, Authorize
Execution of Related Sustainable Development Infrastructure Agreement with North Central Texas Council
of Governments, Adopt Related Appropriation Ordinance, and Authorize Transfer of$187,627.00 to Texas
Department of Transportation to Initiate Construction (COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a Local Project Advance Funding Agreement(LPAFA)with the Texas
Department of Transportation in the amount of$1,762,681.00 for design, right-of-way, utilities and
construction of the Berry/Vaughn Intersection project on US Highway 287 (Southbound Frontage Road);
2. Authorize the acceptance of$1,250,848.00 grant from the North Central Texas Council of
Governments (NCTCOG) in accordance with a Sustainable Development Infrastructure Agreement with
the NCTCOG in the amount of$1,563,561.00 ($1,250,848.00 NCTCOG grant plus 20 percent local match
of$312,713.00);
3. Authorize execution of the Sustainable Development Infrastructure Agreement with NCTCOG;
4. Authorize execution of an amendment to Advanced Funding Agreement with Renaissance Square,
LLC (City Secretary Contract No. 40550)for receipt of$312,713.00 payment from Renaissance Square,
LLC in order to restructure the funding commitments for this project;
5. Authorize the transfer of$312,713.00 received from Renaissance Square, LLC under the Advance
Funding Agreement from the General Fund to the Grant Fund for the payment of the required 20 percent
local match under the Sustainable Development Infrastructure Agreement with NCTCOG;
6. Authorize the transfer of$199,120.00 from the General Fund to the Grant Fund for partial payment of
this project by the City;
7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grant Fund in amount of$1,762,681.00 from available funds; and
8. Authorize an initial payment to the Texas Department of Transportation in the amount of$187,627.00
Logname: 17US287 BERRY/VAUGHN Page 1 of 3
in accordance with the LPAFA.
DISCUSSION:
On March 24, 2009, the City Council approved an Economic Development Program Agreement with
Renaissance Square, LLC (Developer)for redevelopment of a 200-acre site at the southwest corner of US
Highway 287 and East Berry (City Secretary Contract No. 39287, M&C C-23400). This site includes the
former Masonic Home and School. Developer proposes to invest a minimum of$46 million to develop up
to 500,000 square feet of retail/restaurant space on 63 acres located at the northern portion of the 200
acre site.
In order to improve access to this site, it is necessary to construct an extension of the southbound
frontage road of US Highway 287 from the Berry/Vaughn exit ramp and to reconstruct the intersection,
signals, and street lights adjacent to the site (the Project). The Project was approved by the Texas
Transportation Commission Minute Order No. 111335 on April 24, 2008.
On June 22, 2010, the City Council approved the execution of a Local Project Advance Funding
Agreement(LPAFA) with the Texas Department of Transportation (TxDOT) in the amount of
$1,526,089.00 for the construction of the Project(M&C C-24292). In the same action, the City Council
authorized execution of an Enhanced Community Facilities Agreement(ECFA)with Renaissance Square,
LLC (Developer)for the design work in the amount of$199,120.00 (City Secretary Contract No. 40268, as
amended) and execution of an Advance Funding Agreement with Developer to receive $312,713.00 to be
used for the City's matching obligations under the LPAFA(City Secretary Contract No. 40550).
The total cost of the Project has since increased to $1,762,681.00. In addition, the proposed funding
structure for the Project has changed. In order to expedite completion of the Project, it is now
recommended that the City fund the Project with federal funds paid through a grant of$1,250,848.00 from
the North Central Texas Council of Governments (NCTCOG). The local match required for this Project will
be paid by Developer in accordance with the existing Advance Funding Agreement between the City and
Developer. The City will also contribute $199,120.00, as originally planned. The Developer's contribution
and the City's share of this Project were rolled over to the Fiscal Year 2011 General Fund budget and then
transferred to the Grant Fund per the above recommendations. As a result, the cost increase of the
Project will be entirely covered by the NCTCOG grant.
In order to initiate construction of the Project, it is necessary for the City to execute a LPAFA with TxDOT.
City staff will manage the engineering design, right-of-way acquisition and utility relocation for this project.
TxDOT will manage the construction of the Berry/Vaughn exit ramp project. Currently, the Project is in the
pre-development and design phase, with full construction activities to begin in September 2011. In
addition, the Developer has constructed the spine road in the Renaissance Square development. The
intersection is scheduled for completion in March 2012.
Prior to construction, TxDOT will schedule a public meeting and outreach for the project as necessary.
Staff is recommending the execution of the Agreements described above and the authorization of
payment to TxDOT in the amount of$187,627.00.
This project is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinance, funds will be available in the current operating
budget, as appropriated, of the Grants Fund.
Logname: 17US287 BERRY/VAUGHN Page 2 of 3
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
2) GR76 451409 020203507000 $1,250,848.00 4) GG01 538070 0202002 $312,713.00
4&5)GR76 472001 02023XXX000 $511,833.00 5) GG01 538070 0203002 $199,120.00
7) GR76 539120 020203507010 $1.762.681.00 8)GR76 539120 020203507010 $187,627.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Jay Chapa (5804)
Additional Information Contact: Ryan Haden (7329)
Logname: 17US287 BERRY/VAUGHN Page 3 of 3