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HomeMy WebLinkAboutOrdinance 26161-05-2023ORDINANCE NO. 26161-05-2023 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE ALLIANCE MAINTENANCE FACILITY FUND, IN THE AMOUNT OF $860,000.00, FROM AVAILABLE SETTLEMENT PROCEEDS, FOR THE PURPOSE OF FUNDING ITEMS OF DEFERRED MAINTENANCE TO LEASED PREMISES AT THE ALLIANCE MAINTENANCE BASE; 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 2022-2023 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Alliance Maintenance Facility Fund in the amount of $860,000.00, from available funds, for the purpose of items of deferred maintenance to leased premises at the alliance maintenance base. 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 cumulative 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ADOPTED AND EFFECTIVE: May 9, 2023 CITY SECRETARY Jannette S. Goodall City Secretary MAYOR AND COUNCIL COMMUNICATION MAP 21 MTU MAINTENANCE AMEND1 Council District 7 / Future Council District 10 Copyright 2019 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws. This product is ORT WORTH. for informational purposes and may not have been prepared for or be suitable for legal, engineering, or General Location surveying purposes. It does not represent an on4he-ground survey and represents only the approximate relative location of property boundaries. The City of Fort worth assumes no responsibility for the accuracy of said data. City of Fort Worth, Texas Mayor and Council Communication DATE: 05/09/23 M&C FILE NUMBER: M&C 23-0370 LOG NAME: 21 MTU MAINTENANCE AMEND1 SUBJECT (CD 7 / Future CD 10) Authorize the Execution of a Lease Amendment with MTU Maintenance Dallas, Inc. to Use Settlement Proceeds Approved in Mayor and Council Communication 22-1060 to Fund Specific Items of Deferred Maintenance Uncompleted by Former Tenant of Leased Premises at the Alliance Maintenance Base, Adopt Appropriation Ordinance, and Amend the Fiscal Year 2023 Adopted Budget in the Total Amount of $860,000.00 RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a lease amendment with MTU Maintenance Dallas, Inc. to use settlement proceeds approved in Mayor and Council Communication 22-1060 to fund specific items of deferred maintenance uncompleted by former tenant of leased premises at the Alliance Maintenance Base; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Alliance Maintenance Facility Fund in the amount of $860,000.00, from available settlement proceeds, for the purpose of funding specific items of deferred maintenance to leased premises at the Alliance Maintenance Base; and 3. Amend the Fiscal Year 2023 Adopted Budget in the total amount of $860,000. DISCUSSION: On January 13, 2023 the City of Fort Worth (City) executed a Mutual Termination, Settlement, and Release Agreement with Rolls-Royce Corporation (Rolls-Royce) as City Secretary Contract No. 50094-T1 (Mayor and Council Communication (M&C) 22-1060) (Settlement) wherein Rolls-Royce agreed to pay $860,000.00 to the City in lieu of completing their required deferred maintenance obligations to the space located at 2100, 2014 and 2112 Eagle Parkway, Fort Worth Texas, 76177 (Premises). On January 25, 2023, the City entered into a Facilities Lease Agreement with MTU Maintenance Dallas, Inc. (MTU) as City Secretary Contract No. 58786 (M&C 22-1058) for MTU's use of the Premises that has been recently vacated by former tenant Rolls-Royce. As a result of discussions and negotiations between the City's Property Management Department, the City's property manager Hlllwood Properties, and MTU, it has been agreed, subject to City Council approval, that the City will use the proceeds from the Settlement for the completion of certain items of deferred maintenance to the Premises that were not completed by Rolls-Royce, in an amount up to but not to exceed $860,000.00. This M&C will appropriate the $860,000.00 received from the Settlement to fund the completion of certain deferred maintenance items to the Premises. The action in this M&C will amend the Fiscal Year 2023 Adopted Budget as approved in connection with Ordinance 25773-09-2022, Section 2. Special Revenue Funds, as listed on page 5: Alliance Maintenance FY2023 Adopted Budget FY2023 Revised Facility Fund Budget Adjustment Budget Revenues Settle Up Revenue $0.00 $860,000.00 $860,000.00 Expenditures Facility Repair & Maint $0.00 $860,000.00 $860,000.00 This property is located in COUNCIL DISTRICT 7 / Future COUNCIL DISTRICT 10. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, execution of the lease amendment and adoption of the attached appropriation ordinance, funds will be available in the Alliance Maintenance Facility Fund. Prior to any expense being incurred, the Property Management Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by. Dana Burghdoff 8018 Originating Business Unit Head: Steve Cooke 5134 Additional Information Contact: Mark Brown 5197 Marilyn Schoening 7581