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HomeMy WebLinkAboutOrdinance 20697-04-2013 Ordinance No. 20697-04-2013 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE SPECIALLY FUNDED CAPITAL PROJECTS FUND IN THE AMOUNT OF $1,000,000.00, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF ADVANCING THE CITY'S OBJECTIVES WITH RESPECT TO THE TOWER 55 IMPROVEMENTS; 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 2012-2013 in the Budget of the City Manager, there shalt also be increased estimated receipts and appropriations in the Specialty Funded Capital Projects Fund in the amount of $1,000,000.00, from available funds, for the purpose of advancing the City's objectives with respect to the Tower 55 improvements. 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 shalt in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in ftitt force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No. 20411-09-2012 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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. PROVED,AS TO FORM AND LEGALITY: Doug B ack, Assistant City Attorney ADOPTED AND EFFECTIVE: April 9,2013 SUPPLEMENTAL FUNDING AGREEMENT This Supplemental Funding Agreement (this "Agreement'') effective as of the last date written by an executing party (the "Effective Date"), is by and between BNSF Railway Company, a Delaware corporation ("BNSF") and the City of Fort Worth, a Texas home-rule municipal corporation (the "City"). STATEMENT OF FACTS: A. Five major freight and passenger rail lines from across North America merge into a single intersection in Fort Worth, Tarrant County, Texas (such intersection, the "Tower 55 Junction"), where two north-south main lines (the"North-South Lines") cross two east- west main lines (the "East-West Lines"). B. BNSF owns and maintains one of the North-South Lines, and the Union Pacific Railroad Company, a Delaware corporation ("UPRR") owns and operates the other North-South Line and both East-West Lines. C. The Tower 55 Junction causes delays and congestions because trains must stop and wait for other trains on conflicting tracks to pass through the crossing. D. BNSF and UPRR are participating in a rail mobility and livability improvement project in the vicinity of the Tower 55 Junction that includes designing and constructing an additional rail line and making other related infrastructure modifications and improvements (the "Project"). E. The State of Texas (the "State"), in collaboration with BNSF, UPRR, and the City, applied to the United States Department of Transportation for funding for the Project under the grant program (the "TIGER 11 Program") provided in the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2010 (Division A of the Consolidated Appropriations Act, 2010 (Pub. L. 111-117, December 16, 2009)), regarding National Infrastructure Investments. F. The State was awarded a grant for the Project tinder the TIGER 11 Program in an amount up to $34,000,000 on October 20, 2010. G. The Texas Transportation Commission, in 'Minute Order Number 112515 dated December 16, 2010, indicated that the State would help finance the Project in an amount up to $1,000,000. H. Because the City considers the Project one of its top transportation priorities in both its federal and state legislative programs and has sought to develop solutions to alleviate congestion at the Tower 55 Junction through its inter-local agreement with the North Central Texas Council of Governments (M&C C-22033, April 3, 2007, and because the Tower 55 Project is expected to reduce locomotive idling, reduce vehicle idling and congestion at roadway crossings, improve safety,, and improve air quality, the City concurrently pledged $1 nuillion in local funding for the Project. -1- 031432 000407 5314561.7 AGREEMENTS: In consideration of the recitations described above and in the hereinafter defined CFA, and for other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the City and BNSF hereby agree as follows: 1. Definitions. Capitalized terms used but not defined in this Agreement have the meanings given such terms in that certain Community Facilities Agreement, City Contract No. executed by and between BNSF and the City and dated effective on or about the Effective Date (the "CFA"). 2. City Contribution. The City agrees to contribute $1,000,000 (the "City Contribution") toward the costs of the Project, Such amount payable to BNSF within ten business days after the parties' mutual execution and delivery of the CFA and this Agreement. As recited above, the City Contribution is separate from and in addition to amounts payable by the City with respect to the Improvements pursuant to paragraph I of, and Attachment B to, the CFA. 3. BNSF Distribution. BNSF acknowledges that a portion of the City Contribution (the "UPRR Share") is payable to UPRR, another Project participant. BNSF will cause the UPRR Share of the City Contribution to be paid over to UPRR pursuant to and in accordance with a separate written agreement between BNSF and UPRR. [Retnainder of page intentionally left blank; signatures follow] -2- 03143'2 000407 5314561.7 IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in quadruplicate in its name and on its behalf by its Assistant City Manager, attested by its City Secretary, with the corporate sea] of the City affixed, and BNSF has duly executed this instrument in quadruplicate as of the date inscribed by the respective signatories. BNSF: BNSF RAILWAY COMPANY, a Delaware corporation By: Name: Title: Date: 3 �3 THE CITY: T1 4E CITY OF FORT WORTH, a Texas Municipal corporation By: Fernando Costa, Assistant City Manager Date: Approved as to Form cYc Legality: Douglas W. Black, Assistant City Attorney M&C No.: Date: ATTEST: Mary J. 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I J P y4 k6 '�` OF tl•- R 1 t �!� W-a .�S. t� � 1".i �,-• ,r� .:.4 Lew .•' �,` .a�t, �.: • � .� -r V r >a. ^ti Er;JG �.� a' -_- - - ♦. •. ..• • ♦ it TOWER SURFACE IMPROVEMENTS : • • - ©m - O City of Fort worth, Texas Mayor and Council Communication ,wr COUNCIL ACTION: Approved on 4/9/2013; - Ordinance Nos. 20697-04.2013 & 20698-04- 2013 rtr<r>'iorvernrnarrrner.:.wrrcrnrmasn. r amaairrrr r r minr, ,. ,. ¢�. i r>ri,rrra,vrc mrai>mi aem �i� iiman,,i udmm i rr am crr.oior,r rri r°rrrr. rr-rr�rr�omuarurmrmrm�✓marvu n,, r miaurr�r nuwrmWSrm DATE: Tuesday, April 09, 2013 REFERENCE NO.: C-26197 LOG NAME: 06TOWER55CFA SUBJECT: Authorize Execution of a Community Facilities Agreement with the Burlington Northern Santa Fe Railroad in the Amount of $3,638,009.29 with City Participation Not to Exceed $548,758.83, Authorize Execution of a Community Facilities Agreement with the Union Pacific Railroad in the Amount of$301,425.00 with City Participation Not to Exceed $6,376.00, Authorize Execution of a Funding Agreement in the Amount of $1,000,000.00 with the Burlington Northern Santa Fe Railroad and Adopt Appropriation Ordinances to Increase the Capacity of the Tower 55 Railroad Interchange (COUNCIL DISTRICTS 8 and 9) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Capital Projects Reserve Fund in the amount of$1,000,000.00 from available funds; 2. Authorize the transfer of$1,000,000.00 from the Capital Projects Reserve Fund to the Specially Funded Capital Projects Fund; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of$1,000,000.00 from available funds; 4. Authorize the execution of the Tower 55 Funding Agreement in the amount of $1,000,000.00 for the purpose of advancing the City's objectives with respect to the Tower 55 improvements; 5. Authorize execution of a Community Facilities Agreement with the Burlington Northern Santa Fe Railroad in the amount of$3,638,009.29 with City participation not to exceed $548,758.83 for pavement and intersection improvements and for the relocation of water, sanitary sewer and storm sewer services in the area; and 6. Authorize execution of a Community Facilities Agreement with the Union Pacific Railroad in the amount of$301,425.00 with City participation not to exceed $6,376.00 for water and sanitary sewer improvements. DISCUSSION: Tower 55 is an at-grade rail intersection in central/downtown Fort Worth where at least five major freight and passenger rail routes converge into two north-south main lines crossing two east-west main lines. This intersection is a significant bottleneck in the U.S. rail network, and with nearly 100 trains crossing daily, it operates at or above 90 percent of its volume capacity. Congestion at Tower 55 negatively impacts the regional economy, environmental quality, and livability within Fort Worth. Logname: 06TOWER55CFA Pagel of 3 The objectives 0f this project h3iDCr8@seth8C8p8(itVCfthgTOVVe[ 55iDterCh8DgeiOdUd8redUC|ng train delays and |orO[nnUve idling, GS well as vehicle idling vVhU8 waiting at street crOSSingS. thereby iOon8aSiO0 the efficiency of the national railroad transportation system, reducing air emissions iO and around the Tower 55 area (an Air Quality NoDatt@iD[nentZon8), and improving the safety and livability for the City's residents through improved pedestrian crossing facilities, closing certain at-grade crossings, and making other roadway improvements for better vehicle mobility and emergency vehicle aCC8SS. |n addition tn and complimentary with the actual trackage work, the Burlington Northern Santa FeRailroad (BNSF) and the Union Pacific R8i|[OBd (UPRR) hOve each agreed to [UUhe V@[i0Us improvements to affected City water, S8VVer, S1nrnn water and streets /iDdUdiOQ lighting, S/Qne|S and sidewalks)facilities through separate Community Facilities Agreements /CFA\. The City has agreed tOperficipateiD the costs o[the improvements 8t the levels indicated. The City has participated iO design review 0f the work (Obe performed under the CFAs. The project VViU8chi8veitSob|eCdveSthnoVQh: • Adding aD additional north-south track across the intersection, a new interchange at the Tower, and improved approach trackage and signaling; • Rehabilitating and replacing railroad bridges; • Improvement to City streets and |O0er3S{tiO08 to support grade-crossing dOsUne3; • |UOprOvem8O\ Or re|nC8tiOO of the nU[n8n]uS City water, sanitary Sevve[ and storm S8vver COnOiCtS requiring relocation and/or improvement; • Improved roadway-bridge pier protection; and • Increased bridge-height clearances for improved emergency vehicle access. The Tower 55 project is being funded through a partnership between the Federal Railroad Administration, the Texas [>8p8rtDl8Ot of Transportation, BN3F. UPRR and the City Of Fort Worth. The funding breakdown iSasfollows: ---- -- �--- - ----- - --- - ' |-- -' -- � ----- — ---- '� -- ---- ITIGER II Grant $ O -- - --- - � - -- TX[]OT 1,000,000.00 /-------------------------- ------------{------ ---------'----------------'-� (�ih/ Of Fort �/O[ƒ� � 1,000,000.00 � -' �- (_�� |--�������-- -- -----' ---' ----- -- -- -� ----- � ---- - ------�� �$101,293,000.00 Staff is recommending execution Vf the attached funding Agreement that authorizes the transfer Ofthe City's $1'000,000.00 connn0i([neD1 to the project to BNSF. BNSFvviU share o portion of these funds with the UPF|R under e separate Agreement between those two entities. Staff is further recommending execution of the two Community Facilities Agreements: one with the Burlington Northern Santa F8 Railroad and one with the Union Pacific Railroad as described above. City funding for the CFAs will be as fO||OVVS: • VVBt8r and Sewer: $418.259.00 (BNSF) + $6.376.00 (UPRR) • Storm Water: $130.489.83 (BNSF) • Total City Participation for BN8F and UPRR: $555,134.83 This project iS located in COUNCIL DISTRICTS 8and 0. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Stormwater Capital Project Bond Fund, Water Capital Project Fund and Sewer Capital Project Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current operating budget, as appropriated, of the Specially Funded Capital Projects Fund. FUND CENTERS: TO Fu nd/Accou nt/C enters FROM Fund/Account/Centers 1)GC10 472001 013010001000 $1,000,000.00 5) P227 541200 209280205483 $124,028.76 1)GC10 538070 013010001000 $1,000,000.00 5) P227 541200 209280205484 $2,157.0 2)C291 472010 069340205420 $1,000,000.00 5) P227 541200 209280208485 $4,314.05 3)C291 472010 069340205420 $1,000,000.00 5) P265 539140 609140205483 $381,738.00 3) C291 539900 069340205420 $1,000,000.00 5) P265 531350 609140205485 $7,635,00 5) P265 531200 609140205484 $7,635.00 5) P275 539140 709130205483 $20,433.00 5) P275 531350 709130205485 $409.00 5) P275 531200 709130205484 $409.00 2) GC1 0 538070 013010001000 $1,000,000.00 6) P275 539120 708130205283 $6,130,00 6) P275 531350 708130205285 $123.0 6) P275 531200 708130205284 $123.00 4)C291 539900 069340205420 $1,000,000.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Bryan Beck (7909) Additional Information Contact: David Schroeder (2239) Logname: 06TOWER55CFA Page 3 of 3