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HomeMy WebLinkAboutOrdinance 26795-03-2024Ordinance No. 26795-03-2024 AN ORDINANCE ADJUSTING APPROPRIATIONS in THE 2022 BOND PROGRAM FUND IN THE AMOUNT OF $1,000,000.00, BY INCREASING APPROPRIATIONS IN THE OAKLAND & MILLER SAFE STREETS PROJECT (CITY PROJECT NO. 104803), AND DECREASING APPROPRIATIONS IN THE BICYCLE FACILITIES PROGRAMMABLE PROJECT (CITY PROJECT NO PB0021.) BY THE SAME AMOUNT; 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 2023-2024 in the Budget of the City Manager, there shall also be adjusted appropriations in the 2022 Bond Program Fund in the amount of to $1,000,000.00, by increasing appropriations in the Oakland & Miller Safe Streets Project (City Project No. 104803), and decreasing appropriations in the Bicycle Facilities programmable project (City Project No. P130021) by the same amount. 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 j urisdiction, 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 26453-09-2023 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed SECTION 4.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: Douglas Black ( 23:42 CAT( Assistant City Attorney ADOPTED AND EFFECTIVE: March 26, 2024 CITY SECRETARY Jannette S. Goodall City Secretary a4 rORr `4a O�OOOOooOOOOOO j1 C o OO��O O f * OD 00 .U' 0000000 EX v►y� Mayor & Council Map I CPN 104803 FORT WORTH. Bike Lane Improvements Oakland & Miller Safe Street Project -4.-, f ft.. 'c � y S; � � - �' Pdrkr• ,.` "0 ash �F - ,r �.,. -'� r :; � r r. a }.';�M 1 `..F of z c "A w. m .. .. 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NearMap 2022 Mapgenerated October 2023 i I - Amy LaMar, TPW Business Support Services I , City of Fad Worth, Texas Mayor and Council Communication DATE: 03/26/24 M&C FILE NUMBER: M&C 24-0241 LOG NAME: 20AFA WITH TXDOT FOR OAKLAND & MILLER SAFE STREETS PROJECT SUBJECT (CD 5 and CD 11) Adopt Resolution Authorizing Execution of an Advance Funding Agreementwith the Texas Department of Transportation in the Amount of $3,131,127.00, with Federal Participation in the Amount of $2,000,000.00, State Participation in the Amount of $131,416.00, and Local Participation in the Amount of $999,711.00 Plus any Cost Overruns for the Safety and Operational Improvements at Oakland & Miller Safe Streets Project, Adopt Appropriation Ordinance and Amend the Fiscal Years 2024-2028 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached resolution authorizing execution of an Advance Funding Agreement with the Texas Department of Transportation in the Amount of $3,131,127.00, of which $2,000,000.00 is Federal participation, $131,416.00 is State participation, and $999,711.00 plus any cost overruns is the required City of Fort Worth participation for the Safety and Operational Improvements at Oakland & Miller Safe Streets project (City Project No. 104803); 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grant Cap Projects Federal Fund, subject to receipt of the grant, in the amount of $2,500,000.00, of which $2,000,000.00 is Federal funding and $500,000.00 is City funding, transferred from the 2022 Bond Program Fund, for the safety and operational improvements at the Oakland & Miller Safe Streets project (City Project No. 104803); 3. Adoptthe attached appropriation ordinance adjusting appropriations in the 2022 Bond Program Fund in the amount of $1,000,000.00 by increasing appropriations in the Oakland & Miller Safe Streets project (City Project No. 104803) and decreasing appropriations in the Bicycle Facilities programmable project (City Project No. PB0021) by the same amount; and 4. Amend the Fiscal Year 2024-2028 Capital Improvement Program. DISCUSSION The Texas Transportation Commission (Commission) passed Minute Order (MO) Number 116522 dated August 16, 2023, awarding funding for Transportation Alternative Set -Aside (fASA) projects in the TASA Program Call of the State, including the Safety and Operational Improvements at the Oakland & Miller Safe Streets project. This scope of the project includes protected bike lanes, enhanced pavement markings, pedestrian hybrid beacons (PHB) signals, signal modifications for protected intersection and bike signals, curb ramp replacements, and street lighting improvements. The project aims to improve safety by increasing visibility and separation for bicyclists and pedestrians and encouraging equitable mobility facilities. This project has federal funding for construction improvements. The project is scheduled for construction in the fall of 2026. The City of Fort Worth is responsible for funding engineering, right-of-way (ROW) acquisition, environmental studies, utility relocations, project management services for this project, and a minimum of twenty percent of the construction cost. The City of Fort Worth projected let date is November 2025. The funding appropriated by this Mayor & Council Communication (M&C) will be used for design, right-of-way acquisition, utilities, and project management of the project. The Advance Funding Agreement (AFA) will require Fort Worth to fund cost overruns. At the end of the project, the asset will remain with the City of Fort Worth. The table below summarizes the AFA funding amounts: Total AFA Funding Amounts for the Safety and Operational Improvements at Oakland & Miller Safe Streets project (City Project No. 104803) Fend Federal State Local Total 34027 — 2022 Bond Program Fund $ 999,711.00 $ 999,711.00 Unappropriated State Costs $ 131,416.00 $ 131,416.00 31001 -- Grants Cap $ 2,000,000. Project Federal Fund — Federal Participation $ 2,000,000 Total) $ 2,000,000.001 $131,416.001 $ 999,711.001 $ 3,131,127 The following table summarizes the available funding for the project: Fund Existing Funding Additional Funding Project Total 34027-2022 Bond Fund $1,000,00.00 $1,000,000.00 31001 — Grants Cap Projects Federal Fund $2,500,000.00 $2,500,000.00 Total $1,000,000.00 $2,500,000.00 $3,500,000.00 Funding is budgeted in the Transportation Public Works (TPW) Department Highway & Streets Department's 2022 Bond Program Fund to fund the Oakland & Miller Safe Streets Bike Improvement project, as appropriated. Approval of recommendation 3 will disconnect this project from the existing programmable funding in the project and turn it into a static project. This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available resources will be used to make interim progress payments until the debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). Funding for the grant portion of the project was not included in the Fiscal Years 2024-2028 Capital Improvement Program because grant funding is appropriated at the time of the grant award. The action in the M&C will amend the Fiscal Years 2024-2028 Capital Improvement Program as approved in connection with Ordinance 26453-09-2023. The project is located in COUNCIL DISTRICTS 5 & 11. A Form 1295 is not required because: This contract will be with a governmental entity, state agency or public institution of higher education: Texas Department of Transportation FISCALJNFORMATION I CERTIFICATION: The Director of Finance 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, in the Grants Cap Projects Federal Fund and the 2022 Bond Program Fund, The Transportation and Public Works Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. This is a State Advance Funding Agreement/reimbursement grant. Submitted for City Manager's Office-W. Jesica McEachem 5804 Originating Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662