HomeMy WebLinkAbout28150-12-2025 - City Council - OrdinanceOrdinance No.28150-12-2025
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE
2022 BOND PROGRAM BY INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE OSACQ — MARY'S CREEK PROJECT (CITY PROJECT
NO.106643) IN THE AMOUNT OF $1,307,296.67 AND DECREASING ESTIMATED RECEIPTS
AND APPROPRIATIONS IN THE OPEN SPACE APPROPRIATIONS CONTRACT (CITY
PROJECT NO. PA0001) 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 2025-2026 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the 2022
Bond Program by increasing estimated receipts and appropriations in the OSAcq — Mary's Creek Project (City
Project No.106643) in the amount of $1,307,296.67 and decreasing estimated receipts and appropriations in
the Open Space Appropriations Contract (City Project No. PA0001) 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 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 27979-09-2025 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said prior ordinances and appropriations are hereby expressly repealed.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:
Assistant City Attorney
ADOPTED AND EFFECTIVE: December 09, 2025
CITY SECRETARY
Jannette S. Goodall
City Secretary
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 12/09/25 M&C FILE NUMBER: M&C 25-1100
LOG NAME: 21 PARD-OPEN SPACE ACQUISITON 92.01 ACRES MARYS CREEK
SUBJECT
(ETJ /Future CD 3) Authorize the Acquisition of Approximately 92.01 Acres of Land Located at a General Physical Address of 11900 West
Freeway and 11091 Chapin Road, Texas, from Mary's Creek, LLC for $5,980,650.00 and Closing Costs of $41,000.00 for Open Space
Conservation Program, Parkland, and Water Utility Improvements; Authorize the Conveyance of 21.098 Acres of Land to Tarrant Regional Water
District for $1,371,370.00 for the Mary's Creek Lift Station Site and Force Main Alignment Pump Station; Authorize the Exchange of Various
Easements with Tarrant Regional Water District; Adopt Appropriation Ordinances, and Amend the Fiscal Years 2026-2030 Capital Improvement
Program (2022 Bond Program)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acquisition of a fee -simple interest in approximately 92.01 acres of land located at the general physical address of 11900 West
Freeway, and 11091 Chapin Road, Tarrant County, Texas 76008, from Mary's Creek, LLC in the amount of $5,980,650.00;
2. Authorize the payment of closing costs in an amount up to $41,000.00;
3. Authorize the City Manager or his designee to execute the contract of sale for the 92.01-acre purchase and record the appropriate
instruments;
4. Authorize the direct sale of a fee -simple interest in approximately 21.098 acres of land, which is a portion of the approximately 92.01 acres
being acquired by the City of Fort Worth, to Tarrant Regional Water District for $1,371,370.00;
5. Authorize the City Manager or his designee to execute an Interlocal Agreement with the Tarrant Regional Water District and to record the
appropriate instruments for (i) the direct sale of the 21.098 acres of land and (ii) the exchange of easements between the parties;
6. Authorize the conveyance of various easements to Tarrant Regional Water District for a Pipeline and Pump Station Project at no cost and
find that such easements serve a public purpose and that adequate controls are in place to carry out the public purpose;
7. Dedicate approximately 51.01 acres of the Property as parkland with the exact boundary to be determined at a later date with the
understanding that at no point will any dedicated parkland include areas in which water utilitiies exist or are designated to exist in the future;
8. Conserve approximately 20 acres of the property as natural area for the Open Space Conservation Program with the ability to reserve future
property rights for the Fort Worth Water Department designated on the attached map;
9. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Park & Recreation Department (PARD)
Dedication Fees Fund, in the amount of $3,329,316.66 from Developer Cash and Contributions in City Project No's. UN8218 Community
Park 18, UN8220 Community Park 20, and UN8225 Community Park 25, for the purpose of funding the Mary's Creek land acquisition
project (City Project No. 106541);
10. Adopt the attached appropriation ordinance adjusting appropriations in the 2022 Bond Program Fund by increasing estimated receipts and
appropriations in the OSAcq — Mary's Creek Project (City Project No.106643) in the amount of $1,307,296.67 and decreasing estimated
receipts and appropriations in the Open Space Appropriations project (City Project No. PA0001) by the same amount; and
11. Amend the Fiscal Years 2026-2030 Capital Improvement Program.
DISCUSSION:
The Purpose of the Mayor and Council Communication (M&C) is to seek approval to acquire a fee -simple interest in an approximately 92.01 acre
parcel of land in the James Johnson Survey, Abstract No. 871, and the Jonathan Burleson Survey, Abstract No. 78, Tract A, Tract 3C, and a portion
of 3B located at a general phyiscal address of 11900 West Freeway and 11091 Chapin Road, Tarrant County, Texas 76008 (Property) in a joint
acquisition between the following departments:
• Park & Recreation Department (PARD) (51.01 Acres +/-);
• Open Space Conservation Program (Open Space) (19.902 Acres
• Fort Worth Water Department utilities (within portions of the Open Space dedicated areas) ; and
• Tarrant Regional Water District (TRWD) (21.098 Acres).
This acquisition aligns with the PARD GREENprint Fort Worth: Parks, Recreation, Open Space, and Public Realm Master Plan, which calls for the
provision of adequate park and recreational areas, and with the Open Space Conservation Program mission to preserve high quality natural areas
in Fort Worth.
The Open Space Working Group assessed the property utilizing the Open Space Tool (mapping) which identifies the majority of the property as
"very high" to "high" priority for conservation based on available data. Conservation of this property supports the Open Space goals including
ecosystem preservation, the protection of floodplains and water quality, improving equitable access to open space, and providing future
recreational opportunities that can improve community health.
This acquisition of the Property will support Fort Worth Mayor Mattie Parker's Good Natured Greenspace Initiative goal of preserving 10,000
acres of greenspace across Fort Worth in the next five years while growing and enhancing the City's park system.
Mary's Creek, LLC (Seller) has agreed to sell the Property for $65,000.00 per acre for a total purchase price of $5,980,650.00. The purchase
price is supported by an independent appraisal. The mineral estate will not be acquired and the deed will contain a surface -use waiver for the
exploration of the mineral estate. The real estate taxes will be pro -rated, with the Seller being responsible for taxes up to the closing date. The City
will pay closing costs in an amount up to $41,000.00.
A portion of the purchase price in the amount of $1,307,297.00 will be provided from the 2022 Bond Program Fund in the Open Space
Conservation Program (OSAcq — Mary's Creek City Project No. 106643) to conserve approximately 20 acres as a natural area under the Open
Space Conservation Program and pay for the Phase II environmental site assessment.
The Fort Worth Water Department (Water Department) will need some property interests on approximately 2.984 acres within the planned Open
Space dedicated areas of the Property for a sewer line to serve the Mary's Creek Water Reclamation Facility on the adjacent property, the location
for the sewer line being needed along the western and southern parts of the property just north of the existing creek. Upon acquisition of the
Property, the Water Department, in conjunction with the Property Management Department, will file Notices of Facilities in the deed records of
Tarrant County, Texas for the areas where its sewer line facilities will be located on the Property which will all be located within the Open Space
dedicated areas. The Water Department is contributing $41,938.00 for its use of the Open Space dedicated areas. The Water Department has
already provided earnest money in the amount of $99,100.00 for the purchase of the Property, therefore, Open Space will reimburse the Water
Department at closing for the balance of the earnest money deposit.
Approximately 51.01 acres of the property will be dedicated as parkland to be determined by a future master planning effort.
TRWD will need approximately 21.098 acres of land which is situated in the James C. Johnson Survey, Abstract No. 871, City of Fort Worth,
Tarrant County, Texas, and being a portion of a called 145-286/1000 acre tract of land further described as Parcel No. 1 conveyed to Mary's Creek,
LLC recorded in Instrument No. D225138783 of the Official Public Records of Tarrant County, Texas (TRWD Property) for its facilities (future
pipeline and pump station) and has agreed to pay $1,371,370.00 for fee -simple land acquisition up -front and will allow the City to use such funds
for the overall purchase of the Property. The City and TRWD will execute an Interlocal Agreement (ILA) for the direct sale of the TRWD Property as
permitted under section 272.001(b)(5) of the Texas Local Government Code. The ILA will outline the obligations of both parties for the conveyance
of the TRWD Property to TRWD. The ILA will also include the exchange of easements between the two parties that are needed to serve both the
Water Department's Mary's Creek Water Reclamation Facility and TRWD's Pipeline and Pump Station as permitted under Section 272.001(1) of
the Texas Local Government Code.
Environmental investigations are currently in progress and the findings will be reviewed and cleared before closing.
Funding for this project was not included in the PARD Fiscal Years 2026-2030 Capital Improvement Program due to the unpredictability of
parkland acquisitions. The action in this M&C will amend the Fiscal Years 2026-2030 Capital Improvement Program, as approved in connection
with Ordinance 27979-09-2025.
This acquisition is also 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 an acquisition 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 is budgeted in the 2022 Bond Program Fund, the PARD Dedication Fees Fund and the Water & Sewer Bond 2017A Fund for the
Property Management Department for the purpose of funding the Mary's Creek and OSAcq-Mary's Creek projects.
The following table demonstrates the funding for the acquisition:
IlFunding Source Amount
30110 - PARD Dedication Fees Fund $3,329,316.66
34027 - 2022 Bond Program Fund $1,307,296.67
56011 - Water & Sewer Bond 2017A $13,666.67
Unappropriated - TRWD funding paid directly to closing $1,371,370.00
agent
lTotal
$6,021,650.00
This property is currently within the ETJ and will potentially be located in COUNCIL DISTRICT 3 at a future date.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Open Space Appropriations programmable project within the 2022 Bond
Program Fund, the Community Park 18, Community Park 20 and Community Park 25 projects within the PARD Dedication Fees Fund and in the
MC LS Site & FM Align project within the Water & Sewer Bond 2017A Fund, and upon approval of the above recommendations and adoption of
the attached appropriation ordinances, funds will be available in the 2022 Bond Program Fund for the OSAcq-Mary's Creek project and in the
PARD Dedication Fees Fund for the Mary's Creek project, to support the acquisition of land. Prior to an expenditure being incurred, the Property
Management Department, City Manager's Office, Park & Recreation Department and Water Department have the responsibility of verifying the
availability of funds.
Submitted for Citv Manaaer's Office bv: Valerie Washington 6199
Oriainatina Business Unit Head: Marilyn Marvin 7708
Dave Lewis 5717
Additional Information Contact: Stuart Young 8379
Joel McElhany 5745
Expedited