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Ordinance 17334-12-2006
Ordinance No. 17334-12-2D06 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS 1N THE GRANTS FUND 1N THE AMOUNT OF $2,9D4,276, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF EXECUTING A LOCAL PROJECT ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE PEACH STREET AREA RAILROAD SAFETY IMPROVEMENT PROJECT; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: $1=CTION 1. That in addition to those amounts allocated to the various City departments far Fiscal Year 2DD5- 2DD7 and in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Grants Fund in the amount of $2,9D4,276, from available funds, for the purpose of executing a Loca! Project Advance Funding Agreement for the Peach Street Area Railroad Safety improvement Project. 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 shat! in no way impair the remaining portions, sections, or parks of sections of this ordinance, which said remaining provisions shall be and remain in full farce and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No. 17142 and ail 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 ANb EFFECTIVE: December 19 20D6 This ordinance shall take effect upon adoption. Cify cif F®rt VII®r~h, ?"~xas Mayor and Council Communication COUNCIL ACTION: Approved on 12/19/2006 -Ordinance No. 17334-12-2006 ®ATE: Tuesday, December 19, 2006 LOG NAME: 20PEACH ST AREA REFERENCE NO.: C-21910 SUBJECT: Authorize Execution of a Local Project Advance Funding Agreement with the Texas Department of Transportation and a Railroad Crossing Closure Agreement with TxDOT and Union Pacific Railroad for the Peach Sfireet Area Railroad Safefiy Improvement Project and Adopt Appropriation Ordinance __ _--- RECOMMENDATION: If is recommended that the City Council: 1. Authorize the City Manager to execute a Local Project Advance Funding Agreement (LPAFA} for the Peach Street Area Railroad Safety Improvement Project with the TxDOT in the amount of $2,904,276; 2. Authorize the City Manager to accept $2,541,636 in federal funds from the North Central Texas Council of Governments (NCTCOG} Railroad Grassing Reliability Partnership Program and from a 2003 Federal Legislative Program earmark for this project; 3. Authorize the City Manager to accept a donation of $50,000 from the Union Pacific Railroad for use towards the local match to the Grant Fund; 4. Authorize the City Manager to accepfi a donation of $25,000 from the BNSF Railway for use towards the local match to the Grant Fund; 5. Authorize the transfer of $36,284 from the Street Light and Signal Improvements Fund to the Grant Fund for the City's match; 6. Authorize the transfer of $213,856 from the 2004 Street Light and Signal Improvement Fund to the Grant Fund for the City's match; 7. Authorize the City Manager to execute aHighway-Railroad Grade Crossing Consolidation and Closure Agreement with the TxDOT and the Union Pacific Railroad in which TxDOT would reimburse the City up to $37,500 to be used towards the local match to the Grant Fund; 8. Adapt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $2,904,276; and 9. Authorize payment in the amount of $24,480 to TxDOT representing the initial installment of the City's participation according to the LAPFA. DISCUSSION: The 2004 Capital Improvement Program (GIP) includes funds in the amount of $9,000,000 for Traffic Signals of which $600,000 was designated for the Railroad Safety Program. Total local match for this agreement is $362,640 which will be shared by several loco! entities, i.e. $50,000 from Union Pacific Logname: 20PEACH ~T AREA t'age fi a~ 3 Railroad; $25,000 from BNSF Railway Company, $36,284 from a portion of a donation from the City at Duncanville which was received far the closure of Jennings Avenue, $37,500 from reimbursement from TxDOT, and the City's portion of $213,856 which will be from the 2004 CIP Railroad Safety Program funds. In 2003 the Regional Transportation Council set aside federal funds to improve the safety of railroad crossings in the Fart Worth-Dallas area. In a call-for-projects under the North Central Texas Council of Government's (NCTCOG) Railroad Crossing Reliability Partnership Program, the Transportation and Public Works department {TPW) submitted thirteen railroad safety and quiet zone project proposals {M&C G- 14128). As a result of this NCTCOG railroad grant, the City of Fort Worth was awarded four of the projects, capturing 61 percent of the program's total available funds. In 2003 the City of Fort Worth adopted the 2003 Federal Legislative Program {M&C G-13945) that included earmarking a request for the Peach Street Area Railroad Safety Improvement Project. This effort resulted in a federal earmark in the amount of $1,721,874 far the construction of a pedestrian over/underpass at Peach Street railroad crossings. The Peach Street Area project is to upgrade area railroad crossings to improve crossing safety and to deploy a quiet zone at the group of crossings Hated below. Together both the NCTCOG railroad grant and the Federal Earmark are to solve the severe access problems caused by stopped trains blacking crossings in the Samuels AvenuelRock Island neighborhood with the construction of a new route to the neighborhood that does Hat cross any railroad tracks, the construction of a pedestrian under or overpass, and the creation of a quiet zone for the area. Specifically, the problems documented are neighborhood isofatian fram emergency services such as fire, police and ambulance service, children walking to and from school that are often seen crawling under stopped rail cars, and excessive train horn noise at all hours of the day and night. The six railroad crossings addressed by this project are: 1. BNSF & E Peach Street (west} 2. BNSFIUP & E Peach Street (east) 3. BNSF & E 1st Street (west) 4. BNSFIUP & E 1st Street (middle} 5. UP & E 1st Street (east} 6. BNSF & Samuels Ave Considerations for improvements will include upgrades to railroad crossing gate systems, the installation of quiet zone devices, closures, construction of pedestrian over/under pass, street and sidewalk improvements near each crossing. This project includes funds from the closure of Jennings Avenue which was approved an March 28, 2006, {M&C C-21366) that authorized the acceptance of a donation ofi $50,000 from the City of Duncanville, of which $36,284 wiq be used as part of the city's local match for this grant project. For this project and the other three city projects awarded in the NCTCOG railroad program, TPW intends to engage a consultant to assist with project management, conduct public meetings, coordinate design and construction with the railroad companies, prepare railroad and roadway design, prepare project documentation, and conduct construction oversight. TPW staff will manage the project and construct certain improvements. TPW will also initiate construction contracts for railroad and roadway projects. This project is located in COUNCIL DISTRICT 8 and 9. Fl`SCAL INFORM/~TIONICERTIFICATI©N: The Finance Director certifies that upon approval of above recommendations and adoption of the attached appropriation ordinance, funds wil! be available in the current capital budget, as appropriated, of the Grant Fund. Logname: 20PEACH ST AREA Page 2 of 3 1'O FundlAccouetlCenters 2) GR76 451962 0203021570D6 $97,922.00 2) GR76 451942 02D302157D00 ~2 443,714.00 GR76 451968 020302157DDD $50.flfl0.00 4) GR76 451995 020302157DD0 $25,000.00 5.~ GR76 472201 0203D21570D0 ~36.284A0 6) GR76 472201_ (120302157000 X213,856.00 GR76 451942 0203021570D0 X37.500.00 8 Gam--R7fi...5 $2,9D4,276.00 VARIOUS 020302157D1D FROM FundlAccountlCenters 5)C201 538070 208750026030 6 0201 638070 208750059380 9) GR76 54120D 020302157010 5~C201 538070 209750026010 33 DDD.DO $213, 856.00 24 480.00 3 284.00 Submitted for Cit Mang er's Office bv: Marc Ott (6122} ®riainating ®epartment Head: Robert Goode (7801) Additional lnfarmation Contact: Russell Wiles (7978) Logname: 20~'EACH ST AREA Wage 3 of 3