HomeMy WebLinkAboutOrdinance 26924-05-2024Ordinance No. 26924-05-2024
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GRANT CAPITAL PROJECTS FEDERAL FUND,
SUBJECT TO RECEIPT OF THE GRANT, IN THE AMOUNT OF $2,720,000.00,
FOR THE PURPOSE OF FUNDING NW LOOP 820 AND MARINE CREEK
PARKWAY — PHASE 2 PROJECT (CITY PROJECT NO. 101585); 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 increased estimated receipts and appropriations in the Grant
Capital Projects Federal Fund, subject to the receipt of the grant, in the amount of $2,720,000.00, for the
purpose of funding NW Loop 820 and Marine Creek Parkway — Phase 2 Project (City Project No. 101585).
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 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said prior ordinances and appropriations are hereby expressly repealed.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 (May 23. 202416:27 CDTM
Assistant City Attorney
ADOPTED AND EFFECTIVE: May 21, 2024
CITY SECRETARY
A
Jannette S. Goodall
City Secretary
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City of Fort Worth,
Mayor and
Texas
Council Communication
DATE: 05/21/24 M&C FILE NUMBER: M&C 24-0451
LOG NAME: 20NW LOOP820 & MARINE CREEK PKWY AFA
SUBJECT
(CD 2) Rescind Resolution Number 5610-09 2022 and Ordinance Number 25696-09-2022, Adopt Resolution Authorizing Execution of an
Advance Funding Agreement with the Texas Department of Transportation in the Amount of $4,619,291.00, with Federal Participation in the
Amount of $2,720,000.00, State Participation in the Amount of $1,159,291.00 and Local Participation in the Amount of $740,000.00 Plus Any
Cost Overruns for the Intersection Improvements at the Northwest Loop 820 and Marine Creek Parkway — Phase 2 Project, Adopt Appropriation
Ordinances and Amend the Fiscal Years 2024-2028 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Rescind Resolution Number 5610-09-2022;
2. Rescind Ordinance Number 25696-09-2022;
3. Adopt the attached resolution authorizing the execution of an Advanced Funding Agreement (CSJ: 0008-14-137) with the Texas Department
of Transportation in the amount of $4,619,291.00, with Federal Participation in the amount of $2,720,000.00, State Participation in the
amount of $1,159,291.00 and Local Participation in the amount of $740,000.00 plus any cost overruns for the intersection improvements at
North West Loop 820 and Marine Creek Parkway— Phase 2 Project (City Project No. 101585);
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grant Capital Projects Federal Fund,
subject to receipt of the grant, in the amount of $2,720,000.00 for the purpose of funding intersection improvements at North West Loop 820
and Marine Creek Parkway — Phase 2 Project (City Project No. 101585);
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grant Capital Projects State Fund,
subject to receipt of the grant, in the amount of $680,000.00 for the purpose of funding intersection improvements at North West Loop 820
and Marine Creek Parkway -Phase 2 Project (City Project No. 101585); and
6. Amend the Fiscal Years 2024-2028 Capital Improvement Program.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to rescind Resolution No. 5610-09-2022 as well as Ordinance No. 25696-09-
2022 as adopted by M&C 22-0688 dated September 13, 2022, and adopt a new resolution authorizing execution of an Advanced Funding
Agreement (AFA) for intersection improvements North West (NW) Loop 820 and Marine Creek Parkway — Phase 2 Project (City Project No.
101585).
Resolution No. 5610-09-2022 was based on a draft Advance Funding Agreement (AFA) which classified this project as On -System and the
estimated construction cost should have been split between federal and state participation at 80% and 20%, respectively, instead of the City
bearing the 20% construction cost. This M&C corrects the financial allocation and alleviates approximately $850,000.00 in local government
responsibility. Ordinance No. 25696-09-2022 is being rescinded as a result of the change. Project management and design costs in the amount of
$740,000.00 remain City responsibility as well as any construction cost overruns.
TxDOT submitted a revised AFA for the project, for which a new resolution and related appropriation ordinance needs to be adopted.
The intersection improvements at NW Loop 820 and Marine Creek Parkway — Phase 2 Project include enhancement to safety, traffic flow,
pavement markings, signage, and Americans Disabilities Act (ADA) compliant crosswalks.
The City will let this project after receiving a State Letter of Authority (SLOA) and Federal Project Authorization and Agreement (FPAA) from
TxDOT.
The table below summarizes the total cost for the intersection improvements at NW Loop 820 and Marine Creek Parkway— Phase 2 Project (City
Project No. 101585):
Description
Total
%
Federal
%
State
%
Local
Engineering
$670,000.00
0%
$0.00
0%
$0.00100%
$670,000.00
Environmental
$70,000.00
0%
$0.00
0%
$0.00100%
$70,000.00
Construction
$3,400,000.00
80%
$2,720,000.00
20%
$680,000.00
0%
$0.00
Subtotal
$4,140,000.00
$2,720,000.00
$680,000.00
$740,000.00
Direct State
Cost
$479,291.00
0%
$0.00100%
$479,291.00
0%
$0.00
Total 1$4,619,291.00
$2,720,000.00
$1,159,291.00
[$740,000.00
Fund
Federal
State
Local
Total
34018 - 2018 Bond
Program Fund
$740,000.00
$740,000.00
31002 - Grants
Capital Project
$680,000.00
$680,000.00
State Fund (20%)
Unappropriated
State Cost
$479,291.00
$479,291.00
31001- Grants Cap
Projects Federal
$2,720,000.00
$2,720,000.00
Fund (80%)
Grand Total
$2,720,000.00
$1,159,291.00
$740,000.00
$4,619,291.00
The table below summarizes past appropriations, sources, additional funding, and the estimated total cost of the project at completion:
Fund
Existing Funding
Additional
Project Funding
Funding
Total
39001 - 2007 Critical
Capital Projects Fund
$1,196,851.90
$0.00
$7,676,851.90
34018 - 2018 Bond
Program Fund
$2,080,000.00
$0.00
30100 - General
Capital Projects Fund
$1,000,000.00
$0.00
31001 -- Grants Cap
Projects Federal
$0.00
$2,720,000.00
Fund
31002 - Grants
Capital Project State
$0.00
$680,000.00
Fund
Funding for this project was included in the Fiscal Years 2024-2028 Capital Improvement Program in the amount of $4,276,851.90. The action in
this M&C Will amend the FY2024-2028 Capital Improvement Program as approved in connection with Ordinance 26453-09-2023.
This project is included in the 2018 Bond Program. Available resources within the General Fund will be used to provide interim financing until the
debt is issued. Once debt associated with the project is sold, bond proceeds will reimburse the General Fund in accordance with the statement
expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No. 23209-05-2018)
and subsequent actions taken by the Mayor and Council.
The above -mentioned project is located in COUNCIL DISTRICT 2.
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
FISCAL_INFORMATION 1 CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds
will be available in the current capital budget, as appropriated, in the Grants Cap Projects Federal Fund and the Grants Capital Project State
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 an expenditure bing incurred, the Transportation and Public Works Department has the responsibility to validatie the
availability of funds. This is a State Advance Funding Agreement.
Submitted for Cily Manager's Office b : Jesica McEachern 5804
Originating Business Unit Head: Lauren Prieur 6035
Addi io al Information Contact: Monty Hall 8662