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HomeMy WebLinkAboutOrdinance 21114-02-2014 Ordinance No. 21114-02-2014 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE AIRPORTS GAS LEASE PROJECT FUND IN THE AMOUNT OF $140,000.00, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF REIMBURSING SPINKS WEST SIDE ASSOCIATES, LLC, FOR CONSTRUCTION OF A CONCRETE APRON ON LEASE SITE W5 AT FORT WORTH SPfN`KS AIRPORT PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMLTLATIVE 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 2013-2014 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Airports Gas Lease Project Fund in the amount of$140,000.00, from available funds, for the purpose of reimbursing Spinks West Side Associates, LLC, for construction of a concrete apron on lease site W5 at Fort Worth Meacham International Airport. 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 No. 20952-09-2013 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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: CITY SECRETARY � J, s 7' ssistant City Attorney Z—ary J,�. L" ADOPTED AND EFFECTIVE: FebruM 4, 2014 Exhibit - Spinks West Side Associates Lease Sites W3-W6; Mapsco 1191) a R W3 9 f 4 Iol;� l W4 i l W 5 r tlltl I�� a w l W6 I` a I I I City of Fort Worth., Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/4/2014 - Ordinance Nos. 21114-02-2014 & 21115-02- 2014 DATE: Tuesday, February 04, 2014 REFERENCE NO.: **C-26659 LOG NAME: 55FWS SWSA UPDATES SUBJECT: Authorize Execution of Amendment No. 2 to City Secretary Contract No. 34065, an Unimproved Ground Lease Agreement for Lease Sites W3, W4, W5 and W6, Authorize Execution of a Ground Lease Agreement with Mandatory Improvements for Lease Site W5 with Spinks West Side Associates, LLC, at Fort Worth Spinks Airport, Authorize Reimbursement to Spinks West Side Associates, LLC, in the Amount of$140,000.00 for Apron Construction Costs and Adopt Appropriation Ordinances (COUNCIL DISTRICT 6) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of Amendment No. 2 to City Secretary Contract No. 34065, an unimproved Ground Lease Agreement for lease sites W3, W4, W5 and W6; 2. Authorize execution of a Ground Lease Agreement with mandatory improvements for lease site W5 with Spinks West Side Associates, LLC, at Fort Worth Spinks Airport; 3. Authorize reimbursments in the amount of$140,000.00 to Spinks West Side Associates, LLC, for Apron Construction Costs; 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Airports Gas Lease Project Fund in the amount of$140,000.00 from available funds; 5. Authorize the transfer in the amount of$140,000.00 from the Airports Gas Lease Project Fund to the Municipal Airports Fund; and 6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Municipal Airports Fund in the amount of$140,000.00 from available funds for reimbursement of Apron Construction Costs. DISCUSSION: On March 28, 2006, (M&C C-21373) the City Council approved an unimproved ground lease with mandatory improvements for lease sites W3, W4, W5 and W6 with Spinks West Side Associates, LLC (SWSA), at Fort Worth Spinks Airport City Secretary Contract (CSC) No. 34065. This lease was later amended (CSC No. 37154) in order to reflect the completion of a full survey and a corrected property boundary description, as well as incorporating a revision to the scope of the mandatory improvements. The current Agreement provides for a 30 year term with two 5 year renewal options. Staff has received a request from SWSA to decrease the property boundary area by releasing lease sites W3 and W4 back to Lognarne: 55FWS SWSA UPDATES Page 1 of 2 the City and executing a new Ground Lease Agreement for an expanded lease site W5. The remaining lease site, VV0' will consist of31.200 square feet Of ground space. Lease Site VV5. originally consisting Of30.84O square feet, will expand tVa total Of70.377.32 square feet Uf ground space. The added 41.437.32 square feet, ata ground rate of$O.27 per square foot, will generate additional revenue im the amount Of$11.1O0.U8 annually, ($932.34month|y). in accordance with the Aviation Department's current Schedule of Rates and Charges. During the initial term of the lease, rental rates shall be sVhi8ot to an increase every year to reflect the upward percentage Ch8nge, if any, in the Consumer Price Index for the period since the last adjustment. In addition, rental rates during the initial and nenevvo| terms will also be subject to a ground rate adjustment every five years. The ground rate will automatically be adjusted to equal the then current rates prescribed by the Schedule Of Rates and Charges. To aid in the construction of the concrete apron area associated with the mandatory improvements for 8 36,840 square foot hangar, and as an economic incentive to stimulate and encourage business development on lease Site \85. 8VVSA has accepted an offer to be reimbursed for construction costs Of the apron installation iD8D amount not tO exceed $14O.O00.O0. ID order tO receive the reimbursement, SWSA will be required to meet Federal Aviation Administration standards for concrete construction as well as submitting statenn8nts, invoices and/or bills paid by S\8/3A reflecting the reasonable costs associated with apron construction. The property is located in COUNCIL DISTRICT 6, MapsCD 1 18U CERTIFICATION:FISCAL INFORMATION / The Financial Management Services Director certifies that upon approval of the above recommendations and adoption Ofthe attached appropriation ordinances, funds will be available in the current capital budget, as appropriated, of the Airports Gas Lease Project Fund. The Aviation Department is responsible for the collection and deposit nf funds due h] the City. CENTERS:FUND TO Fund/Account/Centers FROM Fund/Account/Centers 2) PE40 491052 0551201 $11,188]08 $140,000.00 3) P240 446200 551929990100 $140,{00]00 3) P240 538040 551929990100 $140,000i00 4) PE40 476240 0551002 $140,0X00�00 5) PE40 476240 0551002 $140,000.00 5) PE40 539120 0551002 $140,000.00 CERTIFICATIONS:Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: BiUVVe|ste8d (5402) Additional Information Contact: JnDDieHuitt /5409> I.ognuo)e: 55FYVS SWS/\ UPDATES Page 2of2