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HomeMy WebLinkAboutOrdinance 20698-04-2013 Ordinance No. 20698-04-2013 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE CAPITAL PROJECTS RESERVE FUND IN THE AMOUNT OF $1,000,000.00, FROM AVAILABLE FUNDS, FOR THE PURPOSE CONTRIBUTING TO BURLINGTON NORTHERN SANTA FE AND UNION PACIFIC RAILROADS UTILITY RELOCATION AND OTHER CONSTRUCTION TO IMPROVE THE TOWER 55 AT GRADE RAIL INTERSECTION; PROVIDING FORA 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 shall also be increased estimated receipts and appropriations in the Capital Projects Reserve Fund in the amount of$1,000,000.00, from available funds, for the purpose of contributing to Burlington Northern Santa Fe and Union Pacific Railroads utility relocation and other construction to improve the'rower 55 at grade rail intersection. 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 orjudgi-nent 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. 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 repeated. SECTION 4. This ordinance shall take effect upon adoption. APPROVE D-AS TO FORM AND LEGALITY: 'i7l rrouiBlack,Assistant City Attorney ADOPTED AND EFFECTIVE: April 9-2W 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 tines 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 t:1 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 "Protect"). 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 under 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 million in local funding, for the Project. 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 aelmowledged, 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. [Remainder oJ'page intentionally left blank; signatures follo tiv] -2- 03 1432 000407 53 14561.7 .... ................. IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in quadruplicate in its narne and on its behalf by its Assistant City Manager, attested by its City Secretary, with the corporate seal 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 ---"Z Name: Title: Date: ,THE CITY: THE CITY OF FORT WORTH, a Texas municipal corporation By: Fernando Costa, Assistant City Manager Date: Approved as to Form & 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 COUNCIL ACTION, Approved on 4/9/2013 - Ordinance Nos 20697-04-2013 & 20698-04 2013 . iireommrsrrw,murr;�ttnrrvr »rurnaem mmrwia no mr.✓mu mmrnmr ....i vnnw .. mmor� rnriano grin mnna..w. �ini iii..,=�:nA.. .. ionrnn r mir awnnr it iui em¢vo. .- vim ri r r eMwnn^mruvnn�a nrmmmrzmaewarr�»»,mmvwre 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 Page t of 3 The objectives Of this project k} )nC[eBS8UheC8oadh/0fUleTDwg[ 55 )Ot8[Ch8ngeindUde [8dU[jngh3iO delays and locomotive idling, as well as vehicle idling while waiting at street crossings, thereby increasing the efficiency of the national railroad transportation SVsbanl, reducing air emissions in and around the Tower 55 area (an Air Quality NOna#@innn9OtZODe\. 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 access. In addition to and complimentary with the actual trackage work, the Burlington Northern Santa Fe Railroad /BNSF\ OOd the Union Pacific R8i|nDOd /UPRR\ hdVe each agreed LO make various iOlp[OVeO0ent8 t0 affected City water, sewer, StOrn0 water and Skoe(s (including lighting, signals and sidewalks)facilities through separate Community Facilities Agreements (CFA}. The City has agreed t0 participate in the costs Of the improvements 8t the levels indicated. The City has participated iD design review Of the work <Obg performed under the CFAs. The project VViU8Chi8vei(sOhieCdves through: • Adding an additional north-south track across the intersection, a new interchange at the Tower, and improved approach trackage and signaling; • Rehabilitating and replacing railroad bridges; • /Olpn0YnDlGnt to City streets and iO<8[SeCtiODs to support grade-crossing closures; • Improvement or relocation of the numerous City water, sanitary sewer and storm sewer conflicts requiring relocation and/or improvement; • |rnpn]V8d roadway-bridge pier protection; and • Increased bridge-height clearances for improved emergency vehicle access. The Tower 55 project is being funded through 8 partnership between the Federal Railroad Adrninistr8tiwn, the Texas Department of Transportation, BNSF, UPRR and the City of Fort Worth. The funding breakdown iSaSfollows: tGER 11--- �--- - —�----'- -' -- ---' --- ---- G |$ f,City of Fort Worth Is 1,000,000.00 TOTAIL $101,293,000.00 Staff iS recommending execution 0f the attached funding Agreement that authorizes the transfer nfthe City's $1.UDU.0OO.UO commitment tO the project t0BNSF. BNSF will share a portion Of these funds with (h8UPF{R under a separate Agreement between those two entities. Staff is further recommending execution of the two Community Facilities Agreements: one with the Burlington Northern Santa Fe Railroad and one with the Union Pacific Railroad as described above. City funding for the CFAs will be as h}||0vVB: • Water and Sewer: $418,259.00 (BNSF) + $6.376.00 (UPRR) • Storm Water: $130`490.83 (BNSF) • Total City Participation for BNSFand UPRF|: $555,134.83 This project is |oC8ted in COUNCIL DISTRICTS 8aDd 9. [ognacuo: 06T()WER55CF}\ Page 2 0f3 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 Fund/Account/Centers 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 $2,15T02 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 $.38_1,738.00 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 $20,43100 5) P275 531350 709130205485 $409.0 5) P275 531200 709130205484 $409.0 2) GC10 538070 013010001000 $1,000,000.00 6) P275 539120 708130205283 $6,130.00 6) P275 531350 708130205285 $123.00 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