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Ordinance 17032-07-2006
Ordinance No. 17032-07-2DD6 AN ORDINANCE INCREASING ESTIMATED RECI=(PTS AND APPROPRIATIONS iN THE SPECIAL ASSESSMENTS FUND IN THE AMOUNT OF $149,000 FROM DEVELOPER CONTRIBUTIONS FOR THE PURPOSE OF FUNDING A TRANSFER TO THE STREET IMPROVEMENTS FUND FOR THE ACQUISITION OF SIX PLATTED LOTS LOCATED ON HARNEY DRIVE FOR THE FUTURE EXTENSION OF WICHITA STREET; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORD[NANCES 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 far Fiscal Year 2005- 2006 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Special Assessments Fund in the amount of $149,000 from developer contributions far the purpose of funding a transfer to the Street Improvements Fund for the acquisition of six platted lots located on Harney Drive far the future extension of Wichita Street. SECTION 2. That should any portion, section ar 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 shah in no way impair the remaining portions, sections, ar parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. Thafi this ordinance shall be cumulative of Ordinance No. 16582 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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. ADOPTED AND EFFECTIVE: July 11, 2006 This ordinance snail take effect upon adoption. ~,fi~ of F®rt VV®h, Te~'as ~I~' r 11 La 1 ~ ~ Cl COUNCIL ACTION: Approved on 7111120D6 -Ordinance No .17032-07-2006 & 17D33-D7-2DD6 ®ATE: Tuesday, July 11, 2006 LOG NAME: 20MISSION RIDGE REFERENCE NO.: *~L-14212 SUE3JECT: Adopt Appropriation Ordinances and Authorize the Acquisition of Lots 13-18, Block 2, Mission Ridge Estates Subdivision in Order to Obtain Right-ot Way for the Future Extension of Wichita Street, a Major Arterial on the Master Thoroug hfare Plan, Just North of McPherson Road _-- RECOMIVIENI~ATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the Future Improvements Projects of the Special Assessments Fund in the amount of $149,000 from developer contributions; 2. Authorize the transfer of $149,000.00 from the Special Assessments Fund to the Street Improvements Fund; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Street Improvements Fund in the amount of $149,000.00 from developer contributions; 4. Find that the price offered in the amount ofi $149,000 is just compensation; and 5. Authorize the City Manager to acquire six platted lots described as Lots 13-18, Block 2, Mission Ridge Estates Subdivision for an estimated amount of $149,000.00, located on Harney Drive, fiar the future extension of Wichita Street, and execute and record appropriate instruments. ®ISCUSSION: On August 1, 2005, Community Facilities Agreement (CFA) # 2005036 was executed and provided $149,000.00 from the Mission Companies as a developer contribution for future paving improvements adjacent to Mission Ridge Estates Subdivision, Phase III. This subject acquisition is required in order to obtain right-of-way for the future arterial street improvements identified on the Master Thoroughfare Plan {MTP}. McPherson Road abuts Mission Ridge Estates Subdivision, Phase III, an the snuthside of the property. Wichita Street abuts Mission Ridge Estates Subdivision on the eastside of the property. Wichita Street is a major arterial on the Master Thoroughfare Plan {MTP} that will ultimately become a 4-lane divided roadway requiring 110' of right-af-way. The subdivision plat process, infrastructure plan review process, community facility agreement process and the Master Thoroughfare Plan (MTP) process work in concert to insure implementation of the city's development policies, procedures and ordinances. However, in this particular case, staff failed to insure conformity between the various review and approval processes and the subdivision plat instrument. As a result, the City failed to secure the right-of-way, for Wichita Street, required by the Master Thoroughfare Plan (MTP). Lognarr~e: 20MISSION RIDGE Page 1 of 2 To avoid this administrative oversight in the future the following procedures will be implemented. First, the development review process will be revised by requiring the applicant, upon submittal of infrastructure plans, to include an official statement that the final plat and plans conform to the preliminary plat as approved by the Planning Commission. This statement will also need to include the preliminary plat case number and approval date. Secondly, city staff reviewing infrastructure plans will be required to verify that the final plat submitted with the plans does conform to the approved preliminary plat. If it does not, the plans will be returned to the consultant/engineer and a re-submittal will be required. With respect to Mission Ridge Fstates and the MTP alignment far Wichita Street, staff finds that the recommended alternative of acquiring six platted lots from Mission Ridge has the least impact on adjacent property owners as well as on the City's finances, because the previously escrowed CFA funds far future improvements to McPherson Road will be used to purchase the right-of-way for Wichita Street. The only other real option is deleting this section of Wichita Street from the MTP, however, this is not recommended by staff as this would have significant, negative impacts on regional mobility in this area. The lots that will be purchased are described as: Lots 13-18, 131oek 2, Mission Ridge lwstates Subdivision. The property is located in COUNCIL DISTRICT 8. FISCAL INFORMATIQNICERTIFICATION. The Finance Director certifies that upon adoption of the attached appropriation ordinances and completion of the above recommendations, funds will be available in the current capital budget, as appropriated, of the Street Improvements Fund. T® FundlAccountlCenters 7.} GS94 488900 02D9413fi9D10 $149.000.00 1.~ GS94 641200 020941369010 $149,000.00 2&3. C115 488100 020115136474 149 OOO.OD C115 54120D 0201 1 51 36474 $149,000.00 FROM FundlAccountlCenters GS94 541200 D20941369010 C115 541200 020115136474 149 OD0.0© $149AOD.00 Submitted for City Manager's Office bv: Marc Ott (6122) O~igiraating ®e~artment Head: Roberfi D. Goode (78Q1) Additional Information Contact: Mark Rauscher (2446} Lagname: 20MISSIGN RIDGE Page 2 of 2