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HomeMy WebLinkAboutOrdinance 27301-11-2024Ordinance No. 27301-1120244 AN ORDINANCE ADJUSTING APPROPRIATIONS IN THE 2027. BOND PROGRAM FUND, BY DECREASING APPROPRIATIONS IN THE OPEN SPACE APPROPRL&TIONS PROJECT (CITY PROJECT NO. PA0001) IN THE AMOUNT OF $195,903.90 AND INCREASING APPROPRIATIONS IN THE OSACQ- PRIMROSE STATION PROJECT (CITY PROJECT NO.105045) BY THE SAME AMOUNT; PROVIDING FOR A SEVERABILITY CLAUSE; MAILING IM ORDINANCE CUMULATWE 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 I. That the budget of the City of Fort Worth for Fiscal Year 2024-2025, as enacted by Ordinance 27107-09- 2024, as amended, is hereby further amended to make the following adjustments to appropriations in the 2022 Bond Program Fund, by decreasing appropriations in the Open Space Appropriations Project (City Project No. PA0001) in the amount of $195,903.90 and increasing appropriations in the OSAcq-Primrose Station Project (City Project No. 105045) by the same amount. SECTION 2. That should any portion, section or part of a section of Us 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 ofthis ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance 27107-09-2024 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 small take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: .� ./Giraotadc Assistant City Attorney ADOPTED AND EFFECTIVE: November 12, 2024 CITY SECRETARY Jannette S. Goodall City Secretary MAYOR AND COUNCIL COMMUNICATION MAP COUNCIL DISTRICT 6 6001 SYCAMORE SCHOOL ROAD - CFW PROJECT NO. 10Sp45 :€ 10 JA # ►` '=r T = ; '� �€ x EMILr S r yT 9E�S. /f 4 X t f`• b i qq.. a 4 9 rw .� r t a 4.1 4 � � s 4�., Tarrant County Hodge, Abner H Survey, Abstract 17H9, '1 ract 1 B Asbury, J Sumeyl Abstract 52, Tract 1 A3 NN /V r-- -F (t 2Du .toai ieet ('opyright K) 2024 City of Fort 1Vortb. Unauthorized rrproductinn ii A violation of ��A [i ��i]0 ��® applicable laws.'I his data is to be used for graphical represrntstion only. K.'rhe atcurary Is not to be takenlused as data produced for engineering purparses nr b. n regMered prafessional land survcyor.'1'he C.'ity of Fort %Vortb assumes no responsibility for the accuracy of iald data. General City of Port Worth, Texas Mayor and Council Communication DATE: 11112J24 M&C FILE NUMBER: M&C 24-0051 LOG NAME: 2120PRIMROSE-OSACQU SUH.IECT (CD 6) Authorize the Acquisition of a Fee Simple Interest in Approximately 38.239 Acres of Land Situated in the A. Hodge Survey, Abstract No. 1789, Tarrant County, Texas from Jefferson Primrose Land Holdings, LLC, or Affiliate, in the Amount of $165,903.90 and Pay Estimated Closing Costs in an Amount Up to $16,000.00 forthe Open Space Conservation Program, Authorize Up to $25,000.00 for Pre -Acquisition Costs, Adopt Appropriation Ordinance, and Amend the Fiscal Years 2026 --2029 Capital Improvement Program (2022 Bond Program) ECO NDATi It is recommended that the City Council: 1. Authorize the acquisition of a fee simple interest in approximately 38.239 acres of land situated in the A. Hodge Survey, Abstract No.1789, Tarrant County, Texas from Jefferson Primrose Land Holdings, LLC, or affiliate, in the amount of $155,903.90 and pay estimated closing costs in an amount up to $15,000.00 for the Open Space Conservation Program, OSAcq - Primrose Station Project (City Project No. 105045): 2. Authorize expenditure of Open Space Conservation Program funds in an amount up to $25,000.00 for pre -acquisition costs and staff time; S. Adopt the attached appropriation ordinance adjusting appropriations In the 2022 Bond Program Fund In the amount of $195,903.90 by Increasing appropriations in the OSAcq - Primrose Station Project (City Project No.105045) and decreasing appropriations in the Open Space Appropriations Project (City Project No. PA0001) by the same amount; 4. Authorize the City Manager or designee to execute the necessary contract of sale and purchase, accept the conveyance, and to execute and record the appropriate Instruments; and 5. Amend the Fiscal Years 2025-2029 Capital Improvement Program. DISCUSSIONE The purpose of this Mayor and Council Communication (M&C) is to authorize the funding and acquisition of 38.239 acres of natural, undeveloped land from Jefferson Primrose Land Holdings, LLC (JPI) to preserve it as open space through the Open Space Conservation Program. The Open Space Working Group assessed the property utilizing the Open Space Tool, which identifies properties that are a high priority for conservation based on available data, as well as site visits performed by City staff. Conservation of this property supports Open Space Conservation Program goals including ecosystem preservation; stream, river, and lake health; community health; flood control; equitable access to open space; and economic development. The proposed site Includes wildlife habitat of prairie, wetlands, stream channels, and a freshwater pond. The wetiand Is a priority habitat for preservation as there are few conserved in Fort Worth, the stream channels drain into Benbrook Lake, a public drinking water source, and the prairie is a habitat for migratory birds. The City partnered with the developer of the site, JPI, to acquire the property for a reduced price to help preserve this natural area and serve as a future amenity for the surrounding community. In the future, a master plan should be developed for this property that may include adjacent parks to determine any capital projects needed for amenities, as well as create a land management strategy. The developer will be accessing the site for planned public infrastructure as part of the adjacent development. This Includes the Installation of utilities and grading improvements. Upon acquisition of the properly, the City will enter into an agreement with the developerto provide access to the site. This acquisition will support FortWorth Mayor Mattle Parker's Good Natured Greenspace Initiative goal of preserving 10,000 acres of greenspace across Fort Worth in the next five years while also growing and enhancing the City's park system. This M&C also authorizes funding for pre -acquisition costs and staff costs associated with the acquisition process. It Is estimated that funding from the OSAcq-Primrose Station Project (City Project No. 105045) In the amount of $25,000.00 is needed for initial site Investigation activities, earnest money, staff time, Phase I Environmental Site Assessment, and other applicable costs associated with evaluating. and acquiring the property. An Independent appraisal established fair market value for the property and the property owner has agreed to a negotiated amount of $155.903.90 forthe fee simple interest in the land. The real estate taxes will be pro -rated with the seller being responsible for taxes due up to the closing date. The City will pay total estimated closing'costs In the amount up to $15,000.00. Funding for this acquisition will come from the Open Space Conservation Program. Upon completion of the acquisition, any unused funding will be returned to the Open Space Appropriations Project (City Project No. PA0001) Upon acquisition, the estimated annual' operation costs to maintain the property in its natural condition will be $6.680.00. The properly will be general City property under the Open Space Conservation Program; not parkland; however, maintenance will be provided by the Park & Recreation Department. Funds for annual maintenance will be budgeted in the Park & Recreation Department annual operating budget. Funding for operations and maintenance will be allocated to the Park & Recreation Department's base budget beginning to FY2025. As of June 2024, the cumulative total of all previously approved M&Cs Increased the departments estimated annual maintenance by $781,304.00 beginning in FY2025. Upon City Council approval, Staff will proceed with acquiring the fee simple interest in the property except for the mineral estate. The deed to the City will contain a surface waiver for the exploration of the mineral estate. 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 any Interim progress payments until 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 thatwas adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022)_ The follov. ng table demonstrates the funding for the acquisition: 1 activity Fund Amount Fee Simple Interest in 38.239 Acres 34027 --2022 Bond Program Fund--22050099 Prop E Open Spaces (City Project No. PA0001) $155,9D3.90 Pre -Acquisition & Staff Costs 34027 -- 2022 Bond Program Fund — 22050099 Prop E Open Spaces (City Project No. _ [$25,000.00 PA0001) Estimated Closing Costs 34027-2022 Bond Program Fund—22050099 Prop E Open Spaces (City Project No. PAOD01) $15,OOQ.00 ]: Eo� $195,903.9011 This property is located in COUNCIL DISTRICT 6. `r A Form 1295 Is not required because: This M&C does not request approval of a contract with a business entity. The Director of Finance certifies that funds are currently available in the Open Space Appropriations programmable project within the 2022 Bond Program Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available for the OSAcq-Primrose Station project to support the approval of the above recommendations and acquisition of land. Prior to an expenditure being incurred, the Property Management and Transportation & Public Works Departments have the responsibility of verifying the availability of funds. Submitted for City Manager's Office by. Dana Burghdoff 8018 -Odeiin ding Business Unit dead• Marilyn Marvin 7706 Additional information Contact Ricardo Salazar 8379 Jeremy Van Rite 2574