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HomeMy WebLinkAboutOrdinance 26069-04-2023ORDINANCE NO . 26069-04-2023 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE DEVELOPER CONTRIBUTION FUND, IN THE AMOUNT OF $50,000 .00, FROM DEVELOPER CONTRIBUTIONS, FOR THE PURPOSE OF FUNDING THE UNION PACIFIC RAILROAD & ALTAMESA BOULEVARD PROJECT (CITY PROJECT NO. 104644); PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCE S 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 2022-2023 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Developer Contribution Fund in the amount of $50 ,000.00, from developer contributions, for the purpose of funding the Union Pacific Railroad & Altamesa Boulevard project (City Project No. 104644). 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 cumulativ e of Ordinance 25773-09-2022 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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. Th is ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: DBlack (Apr 25, 2023 17:15 CDT) Assistant City Attorney ADOPTED AND EFFECTIVE: April 11, 2023 CITY SECRETARY Jannette S. Goodall City Secretary City of Fort Worth, Texas Mayor and Council Communication DA TE: 04/11 /23 M&C FILE NUMBER: M&C 23-0277 LOG NAME: 20UPRR & ALTAMESA BOULEVARD APPROPRIATION SUBJECT (CD 8 I Future CD 8) Adopt Appropriation Ordinance in the Amount of $50 ,000 .00 , to Fund Preliminary Engineering Review of a Proposed At- Grade Crossing of Union Pacific Railroad and Fort Worth and Western Railroad by Future Altamesa Boulevard RECOMMENDATION: It is recommended that the City Council adopt the attached appropriation ordinance in the Developer Contribution Fund in the amount of $50,000.00 , from the developer contribution , for the purpose of conducting preliminary engineering services of new at-grade crossing request (CPN :104644) DISCUSSION: PR 11I/HLCI Wichita Street , LP (a/k/a Holt Lunsford Commercial , Inc.) ("Developer"), a developer with property interests across which future Altamesa Boulevard is shown to traverse , expressed an interest in an installation of an at-grade crossing over an existing railroad track owned by Union Pacific Railroad (UPRR) and operated by Fort Worth and Western Railroad (FWNR) at the future extension of Altamesa Boulevard . UPRR has a policy to close 3 at-grade existing crossings in exchange for the creation of one new at-grade crossing . The City currently has 2 crossing closure credits and has identified one additional potential closure , if needed , to meet UPRR crossing policy . The City and the railroads collaborate on projects which affect railroad/street intersections by funding the railroads ' preliminary engineering review process to determine the feasibility of the proposed interaction . In this situation , the Developer has agreed to contribute $50 ,000 to cover the preliminary engineering cost: UPRR's engineering review at $25 ,000 , FWWR's engineering review at $15 ,000, and City staff cost of $10 ,000. In November 2022, the Developer and City executed a Developer Funding Agreement (CSC 58532) to fund these preliminary engineering services . Fund Existing Funding Additional Funding Project Total 30104 Developer $0 .00 $50 ,000.00 $50 ,000 .00 Contribution Project Total $0.00 $50 ,000.00 $50 ,000.00 This project is located within COUNCIL DISTRICT 8 and FUTURE COUNCIL DISTRICT 8 . A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity . FISCAL INFORMATION/ CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation and adoption of the attached appropriation ordinance, funds will be available in the current capital budget as appropriated of the Developer Contribution Fund. Submitted for City Manager's Office by: William Johnson 5806 Originating Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662 Expedited