HomeMy WebLinkAboutOrdinance 20811-07-2013 Ordinance No.
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE STREET IMPROVEMENT 2008 FUND 11,4 THE
AMOUNT OF $228.95l.33, FROM AVAILABLE FUNDS, FOR THE PURPOSE 0E
THE CONSTRUCTION O[ RAILROAD-RELATED EQUIPMENT AND CROSSING
LICENSE FEES IN ASSOCIATION WITH VAR10\JS 7DD*�IT}' DIVBD VISION
SURFACE CROSSINGS; PROVIDING /\ SEVERABD[ITYCLAUSE; MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE
DATE.
BEITORDAINED 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 Street
6uprnvnoeoi 2008 Fund io the amount of $228,951.33, from uvoUa6|o Fuodm, for the purpose of the
construction ofmUnoud-rc|utcd equipment and crossing license fees iu association with various Trinity River
Vision surface crossings.
SECTION 2.
That should any portion, section or part ofu section nf this ordinance hodeclared invalid, inoperative or
void for any reason by a court of competent jurisdiction, such decision,opinion orjudgment shall in no way
impair the remaining podiouw, sections, or pmno of uoodoun of tNa oodiounce, vvbiob said rcnouin+ioA
provisions shall be and rcmuioiu(b!| force and effect.
SECTION 3.
That this ordinance ubu|} be cumulative of Ordinance No. 20411'09-2012 and all other ordinances and
appropriations ocouudioA the uanuu except in those instances where the provisions of this *rdiuuoun are in
direct conflict with such other ordinances and appropriations, in which ionNuoe said conflicting provisions
m[said prior ordinances and oppcopriu|ioonare hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AST0 FORM AND LEGALITY:
ADOPTED AND EFFECTIVE:I by 16,2013
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 7/16/2013 -Ordinance Nos,20811-07-2013 &20812-f17�
2013
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DATE: Tuesday, July 16, 2013 REFERENCE NO.: C-26307(Revised)
LOG NAME: 06TRV FORT WORTH AND WESTERN RR AGREEMENT-REVISED
SUBJECT:
Authorize Expenditure in the Amount of$304,499.83 to the Fort Worth and Western Railroad Company for
Construction of Henderson Detour Railroad-Crossing and Related Equipment, Authorize Expenditure in the
Amount of$204,523.50 to the Fort Worth and Western Railroad Company for Construction of Railroad-
Crossing and Related Equipment for the Temporary Reopening of North Commerce Street, Authorize
Execution of a Settlement Agreement in Lieu of Condemnation with the Fort Worth and Western Railroad
Company in the Amount of$200,000.00 for Railroad-Crossing License Fees and Easement Acquisition for
a Total in the Amount of$709,023.33 for Construction of Trinity River Vision-Related Railroad Crossings
and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 2 and 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Special Trust Fund in the amount of$228,951.33 from available funds;
2. Authorize the transfer in the amount of$228,951.33 from the Special Trust Fund to the Street
Improvement 2008 Fund;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Street Improvement 2008 Fund in the amount of$228,951.33 from available funds;
4. Authorize the execution of a Settlement Agreement and payment in the amount of$200,000.00 in lieu
of condemnation with the Fort Worth and Western Railroad Company; and
5. Authorize payment in the amount of $509,023.33 to the Fort Worth and Western Railroad Company for
construction related items.
DISCUSSION:
These expenditures are required to provide $304,499.83 to the Fort Worth and Western Railroad
Company (FWWRR)for the construction of railroad-crossing and related equipment associated with the
Henderson detour project approved by City Council on December 4, 2012, (M&C C-25977) and
$204,523.50 associated with the installation by FWWRR of railroad crossing equipment to facilitate the
temporary reopening of the North Commerce Street crossing, which will be the detour for the North Main
Street bridge project. Staff has reviewed the construction costs and finds them to be fair and reasonable
for the work to be performed.
This Mayor and Council Communication also authorizes a Settlement Agreement in lieu of condemnation
Logname: 06TRV FORT WORTH AND WESTERN RR AGREEMENT-REVISED Page I of 2
in the amount of$200,000.00 for surface crossing license fees for the Henderson detour and North
Commerce detour temporary crossings as well as the acquisition of additional right-of-way from the
railroad to accommodate the new White Settlement Bridge.
Funding for the Settlement Agreement will be paid from Tarrant County Reimbursements received for the
Trinity River Vision (TRV) project. Construction costs will be paid with 2008 Bond Program Funds and
additional Tarrant County Reimbursements. Since 2009, Tarrant County has provided the City with
annual reimbursements for bridge and utility work associated with the TRV Project. This Mayor and
Council Communication fully commits the remainder of the $14.7 million in 2004/2008 Bond Program
Funds for the TRV Project.
The project is physically located in COUNCIL DISTRICTS 2 and 9 but will serve Fort Worth residents in
ALL COUNCIL DISTRICTS.
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 capital budget,
as appropriated, of the Street Improvements Fund.
FUND CEN'rERS:
TO Fund/Accou nt/C enters FROM Fund/Account/Centers
1) FE72 451970 006231701000 $228,95133 2) FE72 538070 006231701000 $228,951.33
1) FE72 538070 006231701000 $228,951.33 4)C204 539900 209260014480 $709,023.33
2 3) C204 472072 209260014480 $228,951.33
3)C204 539900 209260014480 $228,951.33
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Mark Rauscher (2446)
Logname: 06TRV FORT WORTH AND WESTERN RR AGREEN/IENT-REVISED Page 2 of 2