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Home My WebLink AboutOrdinance 27043-08-2024ORDINANCE NO.27043-08-2024 AN ORDINANCE VACATING AND EXTINGUISHING A PORTION OF A FIFTY -FOOT WIDE RIGHT OF WAY KNOWN AS BERKE ROAD, SITUATED IN THE WEISENBERGER SUNNY HILL GARDEN ADDITION REPLAT & 2ND FILING, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 388-B, PAGE 192, OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS, CONTAINING APPROXIMATELY 12,500 SQUARE FEET OR 0.2870 ACRES OF LAND; PROVIDING THAT THE CITY SHALL RETAIN ALL EXISTING UTILITIES EASEMENTS; 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 a portion of Berke Road, a fifty -foot wide public right of way, situated in the Weisenberger Sunny Hill Garden Addition Replat & 2nd Filing, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof, recorded in Volume 388-B, Page 192 of the Plat Records of Tarrant County, Texas, and containing approximately 12,500 square feet, or 0.2870 acres of land, and as more specifically described in Exhibits "A" and `B" attached hereto and incorporated herein by reference be and the same is vacated and extinguished. SECTION 2. That the easements to the Iand in the above -described vacated street right of way are hereby released and shall revert to the adjacent owner as provided by law. SECTION 3. All existing utility easement be shall be retained by the City until such time all utilities located in that easement are relocated at the owner's expense. SECTION 4. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. A Portion of Berke Road ROW Vacation (VA-24-010) Ordinance No. 27043-08-2024 Page 1 of 2 SECTION 5. This ordinance shall be in full force and effect following its adoption. APPROVED AS TO FORM AND LEGALITY: By Richard WCMcke (Aug 26, 2024 ]1;26 CDT) A Jannette S. Goodall, Assistant City Attorney City Secretary Adopted and Effective: August 13, 2024 �4v�nnII p opRToys*A� �•0 0N� �� 4 d QQ M � 44 tirinnb�� A Portion of Berke Road ROW Vacation (VA-24-010) Ordinance No. 27043-08-2024 Page 2 of 2 L �7ION w C� I (3)/ 6 16 20 w 1O0 slum ALEMNDRO DIAZ 363T AIMS AVENUE FORT WORM, TEXAS 76110 E17-425-0733 VOICE pr1.d IG-%rt GRAM E NGNEE"r. ING. 2731 PARK ILL DRNE FORT WORIN. TDVS 761 tD-4014 0 IT- 23-3131 VDICE 617-:23-4141 FAX joW.nLlO®]mn WOSENBERGI R SUNNY WILL AMMON WEMSERC R SUNNY HILL CAB FN AOCRION LOT 7 r LOT 5 • LOT B LOT 1 LOT 2 ~ L10 3 • LOT 4 OLDCX 1 BLOCK 2 d� �v�w��w cra.oe ter vA rest® EAST BUTLER SEET' �"��•^'� p� •.TRmrm�Ar� mianlnb'W�N.�Y Iec�M w ti (11C wmR�-war) 2arE 1 •�` Filer 100.07 IO14 AE b R.m4rwwr w• �N 'n. wl.Vrwrra�rY uRwr rm rWw rR=7w 201E % ,� wrmimmm . wn r�,.oa 1.c�wlrmve = 17Z 4 ZONE AE zoNEK tea ,av �r��R.rminr w�� SUM r Hu GARDEN B L - WEGENa of °� I1X1N 2d I1NG lW AE .,.1.4 rwrfl.aow / 8L�T 1 R CK 24 4OTy LOT 2 LOT 1 b e o r i LOT i UOT 3 LOT 4 BLOCK 25 �6 I BLOCK 24 ZOlIE AE ZONE AE 1O1L00' ONE% ee®e.e a""'m'iA� gym, oo.clm rmsRr.. r w,stwr_w SUN HHU GARDEN ADMON '� SUN?HpLC LADEN ON 2m Flltl .. - fIl111Q �rar �. � >• � IR ✓ LOT 16 LOT 14 LOT 13 W LOT 24 LOT 23 LOT 22 LOT 21 Y I ITL.00K 25 f u / BLOCK 24 Ln 201R ZONE X ELVA WARREN STREET � 2YX6 x ; 6(Y fapR-0/-wAf ) ERC q sOM11'.H0.1 GA4 AOOngN WE6IIdBERO SUNNY lin CAR OIL ADOOION Iiclll ~ .e !tl T a • LOT 14 LOT 16 LOT 10 LOT 1 LOT 2 t0f 3 LOT 4 BLOCK 20 OLD" 77 FORT WoRTH CFTY PLAN COMMISSION CITY OF FGW WOM, TEXAS N.1 n T a VAUo [MLY r RECOIIOEO wines LT' (.07 1>wn ,tTE11 art a irn+mr sr. 17w4man TAU. pm er7'nl.e In DaumwRt Numbs. Oa9c Grant Engineering, Inc. gglwba�m, Tar 2751 Y.h }]m0{.. [M WCH!<T®M369 II7A313111 Pma Br4imcYiTb. I00A 19-00 11�! fL1wY 1Nu 11[ RR N PC�A 1prOp, 4 a ewS � I� Y1RT 14.rED r� I1Sd IIS C�eO"CR q I Ao W��Ot�61h 1cT� :c iam,�eucoimu�o A 5xc uas Flo Awcu A CRAVE. w wo�O1P®aaMmn a� u�i `�e caow Iw lom rw e'nr.�r['�s.vrr�w[mni..�a•�.�e.'waa.:mdn.� w � w oss a uur uvnn�w xn�n,e� rues a � rest: eo.rra a rm,a ar wr,w wr r w —1-T6 M rMrww .Ixrww w°@-rr..ar�rir:.Ninia l.:>1°an � ,orna:r Res 'r u u'.u"iraGa °"'v"eea�v� 1m „ow a..om ru.rx wnan, O°`amamal r +. �ar� � HORIZONTAL CONTROL PLAN LOT 1R, BLOCK 24 wEISENBERGER SUNNY HILL GARDEN ADDITION AN MMION M TN4 Cay OF FORT WORTH TARRANT COUNTY, TEXAS A REVOON OF LOT 1. BLOCK 24 WIRSENVEROER SUNNY HR.L GOLDEN ADDITION AS RENRLIED IN VDLUME 3W-D. PAC1:"., 192 AND 103 PLAT RECORDS. TARRANT COUNTY. TEXAS TOOFMER Wry"A OO' X 2G0' FEET WIDE VACATED PORTION OUT OF BERKE ROAD L AS RECOM= OY CRY ORDINANCE NO. XXXXXXX DEED RECOROS. TARRANT COUNTY. TEXAS N FEBRUARY 2G24 I 0.61im ACRES fn 7 RESDFMNL LOT 4 n-24 -IQO; SKETCH OF STREET TO BE VACATED SITUATED BETWEEN BLOCKS 24 & 25 WEISENBERGER SUNNY HILL GARDEN ADDITION REPLAT & 2ND FILING VOLUME 388—B, PAGE 192 A 0.2870 acre portion of Berke Road, a 50 feet wide public street, situated between Blocks 24 & 25, of the REPLAT & 2ND FILING TO WEISENBERGER SUNNY HILL GARDEN ADDITION to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Volume 3BB—B, Page 192, Plat Records, Tarrant County, Texas, lying between the south right—of—way line of East Butler Street, a 50 feet wide public street, and the south line of Lot 1, Block 24, and Lot 1, Block 25, of said Weisenberger Sunny Hill Garden Addition, and being more particularly described by metes and bounds as follows: BEGINNING at the northwest corner of said Lot 1, Block 24, at the intersection of the east right--of--way of said Berke Road and the south right—of—way line of said East Butler Street; THENCE South along the west line of said Lot 1, Block 24 and along the east right—of—way line of said Berke Road, 250.00 feet to the southwest comer of said Lot 1, Block 24; THENCE West across said Berke Road, 50.00 feet to the southeast corner of said Lot 1, Block 25, and in the west right—of—way line of said Berke Road; THENCE North along the east line of said Lot 1, Block 25, and along the west right—of—way line of said Berke Road, 250.00 feet to northeast corner of said Lot 1, Block 25, and at the intersection of the west right—of—way line of said Berke Road and the south right—of—way line of said East Butler Street; THENCE East across said Berke Road, 50.00 feet to the Point of Beginning, and containing 0.2870 acres (12,500 square feet) of land, more or less. May 20, 2024 SHEET 1 OF 2 Grant Engineering, Inc. Pha nca 2751 Pact Hills Ihive Fort Worth, Tem 76109 817A73-3131 Fam Regiematiaa No. I00919-M SKETCH OF STREET TO BE VACATED SITUATED BETWEEN BLOCKS 24 & 25 WEISENBERGER SUNNY HILL GARDEN ADDITION REPLAT & 2ND FILING VOLUME 388--B, PAGE 192 May 20, 2024 EAST BUTLER STREET POINT OF ( 50' RIGHT —OF --WAY) EAST 1 50.00' / BEGINNING 58, 1 58' 58' 58' WEISENBE GER SUNNY WEISENBE GER SUNNY HILL GARD N ADDITION HILL GARQ N ADDITION 2ND FILING 2ND FILING VOL. 388-B VOL. 388-B P. 192 O O P. 192 O N Q i Lo O� N f/ LL O BLOCK 25 W BLOCK 24 LOT 2 LOT 1 0 LOT i LOT 2 Ify W o m Lo o O z I cn 58' WEST 5 .00' 58' 2 LOT 13 I I I LOT 24 BLO¢K 2 LOT 23 I SHEET 2OF2 Gram Engineering, Inc. Ensh— su-7— P1a®e� 2751ParkIMDriva Fan Worth,Tem76109 917-923-3I31 Fum Regauntirm No. I DD919-00 FORT NVORT1] 4� VA-24-010 Vicinity Map 2 1 + 1j e W x It r e x S ! 4 ] e f x e e Ix I 11 I 10 / I e 1 , I , 1 , `/ I 3 x I , ' re x/ I 21 39 xf 7t xe 1 ,e le ,r 14 IS ( " t] ;n 213f,Ie6.Ir eI/1te111.I. 4 =m Subject x4 s e a xz r T e / to 11 ,x NI x] 24 m 19 re 1]R a 1 IA xA M ]C Wtt rR1 iW. IIA 1xA ] 20 l ' lts _ 19 x8 ]B SI1 N2 rRx 32 }I ]R A Z6 i n x5 u x] 22 11 30 1/ to tr t/ t5 t/ t3 tx II to Y e f e e , 3 x ' txe R f ,►�L'TLiCb •,VIL'1►IfTL` -- Property to be platted with vacated right-of-way t x 3 a s / r 6 Y T T u m n xe xs �. m a zt m to ,e n i Ie 1 inch = 250 feet mmot E ■MEFM =E City of Fort Worth, Texas Mayor and Council Communication DATE: D8113124 MSC FILE NUMBER: M&C 24-0620 LOG NAME: 06VA-24-010 BERKE ROAD SUBJECT (CD 8) Adopt Ordinance Vacating a Portion of Berke Road Between Elva Warren Street and East Butler Street to be Replatted with the Adjoining Property to Permit the Applicant to Construct a New Storage Building Outside the Roadway RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance vacating a portion of Berke Road between Elva Warren Street and East Butler Street to be replatted with the adjoining property to permit the applicant to construct a new storage building outside the floodway; and 2. Waive any and all purchase fee value of the vacated land in accordance with City policy. DISCUSSION: Grant Engineering, Inc., on behalf of Alejandro and Juanita Diaz, has requested vacation of this portion of Berke Road to be replatted with the adjoining properly to permit the applicant to construct a new storage building for his tools to replace the one currently constructed within the floodway. Stormwater has been working closely with the applicant to find a location outside the floodway that would be acceptable for the new storage building. The City Plan Commission recommended approval of this request at its meeting on June 26, 2024. An acceptable final plat (FS- 24-059) has been received in accordance with the Subdivision Ordinance. The City of Fort Worth (City) originally obtained the above mentioned right-of-way through plat dedication. The City does not own any fee interest in the rights -of -way or own any property adjacent to the right -of --way and did not expend any City funds to purchase the right -of --way easement. In accordance with the City`s policy regarding street and alley vacation transactions approved by the City Council on March 6, 2007, Mayor and Council Communication (M&C G-15624), staff' recommends waiving the fair market value or any portion thereof of purchase price of this right-of- way easement for the street. This project is located in 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 approval of these recommendations will have no material effect on City funds. Submitted for City Manager's Office by: Dana Burghdoff 8018 OrignatingBusiness Unit Head: D.J. Harrell 8032 Additional Information•Contact: Alexander Parks 2638 Ordinance No. 27047-08-2024 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE RISK FINANCING FUND IN THE AMOUNT OF $9,600,000.00, FROM AVAILABLE NET POSITION, FOR THE PURPOSE OF FUNDING LAWSUIT EXPENSES; 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 Risk Financing Fund in the amount of $9,600,000.00, from available net position, for the purpose of funding lawsuit expenses. 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 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. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY Christopher Tr utt(Aug 26, 202410:31 CDT) � Jannette S. Goodall Assistant City Attorney City Secretary ADOPTED AND EFFECTIVE: August 13, 2024 City of Fort Worth, Texas Mayor and Council Communication DATE: 08/13/24 M&C FILE NUMBER: M&C 24-0625 LOG NAME: 12BIRCHETT BURKE AND FITZGERALD SETTLEMENT SUBJECT (ALL) Authorize Settlement and Payment in the Total Amount of $9,600,000.00 for Full and Final Settlement of All Claims Related to the Lawsuits Styled William Birchett v. City of Fort Worth, No. DC-19-01941, in the 162nd District Court, Dallas County, Texas; Ronald Burke v. City of Fort Worth, No.: DC-19-07139, in the 193rd District Court, Dallas County, Texas; and Joel Fitzgerald v. City of Fort Worth, No.: DC-19-08184, in the 191 st District Court, Dallas County, Texas, and Authorize City Personnel to Execute and File the Necessary Documents to Dispose of those Lawsuits RECOMMENDATION: It is recommended that the City Council: 1. Authorize settlement and payment in the total amount of $9,600,000.00 to William Birchett, Ronald Burke, Joel Fitzgerald, and their attorney, Stephen A. Kennedy, forfull and final settlement of all claims related to the lawsuits styled William Birchett v. City of Fort Worth, No. DC-19- 01941, in the 162nd District Court, Dallas County,Texas ; Ronald Burke v. City of Fort Worth, No.: DC-19-07139, in the 193rd District Court, Dallas County, Texas; and Joel Fitzgerald v. City of Fort Worth, No.: DC-19-08184, in the 191 st District Court, Dallas County, Texas; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Risk Financing Fund in the amount of $9,600,000.00, from available net position, for the purpose of funding lawsuit expenses; and 3. Authorize the appropriate City personnel to execute all releases, agreements and court filings necessary to complete the settlement. DISCUSSION: William Burchett, Ronald Burke and Joel Fitzgerald are all former City employees who sued the City in 2019 under the Texas Whistleblower Act, claiming that their employment ended because of retaliation against them for reporting violations of law. Burke's lawsuit went to trial in April 2024 and a jury returned a verdict in his favor. The Final Judgment in favor of Burke totaled approximately $2.4 million. The City has begun the process of appealing that Final Judgment. The Birchett and Fitzgerald lawsuits were scheduled to go to trial in July and October of this year. After the Burke trial concluded, the parties participated in mediation on July 3, 2024. Mediation was successful and the parties agreed to settle the three cases, as follows: (1) Burke's claims were settled for a total of $2 million; (2) Birchett's claims were settled for $2.4 million; and (3) Fitzgerald's claims were settled for $5.2 million. The total of all settlements is $9.6 million, and the settlements include a full and final release of all claims that Birchett, Burke, and Fitzgerald have against the City. Other than attorney's fees, as part of the settlement, the parties will bear their own costs. The settlement of these three cases will resolve all three cases, with no need for trials or an appeal. Approval of this settlement should not be construed as an admission of liability by the City of Fort Worth, as any liability in all three matters is denied. Funding is available for appropriation from net position of the Risk Financing Fund. The beginning net position balance is $39,323,418.07 and after appropriation the new net position balance will be $29,723,418.07. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. FISCAL INFO MATIO CERTIFICATION: The Director of Finance certifies that funds are currently available from net position of the Risk Financing Fund, and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, in the Risk Financing Fund. Priorto any expenditure being incurred, the Human Resources Department and the City's Attorney's Office have the responsibility to validate the availability of funds. Submitted for City Manager's Office b . ALL AGMs 6122 Originating Business Unit Had: Leann Guzman 8973 Additionill Information Contact: ChdstopherTrouft 7609