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HomeMy WebLinkAbout28196-12-2025 - City Council - OrdinanceOrdinance No 28196-12-2025 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE PARD DEDICATION FEES FUND, IN THE AMOUNT OF $2,000,000.00, FROM INTEREST EARNINGS, FOR THE PURPOSE OF FUNDING THE BEN AVE LAND ACQUISITION PROJECT (CITY PROJECT NO. 106474); 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 PARD Dedication Fees Fund, in the amount of $2,000,000.00, from Interest Earnings, for the purpose of funding the Ben Ave land acquisition project (City Project No. 106474). 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 orjudgment 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 MAYOR AND COUNCIL COMMUNICATION MAP Council District 11 Ben Avenue Parkland & Open Space Acquisition l f, -ry , .pry a y �` ' ;: }•�AI h l' V, f♦�v `� 1 'F Y. i i!r < ± .fry ., �. .i '�� ' l ��•v a b , - _T >-' .+►w �' � - �, , 16.00 Total ,��� .. y, ti: i�►�` iK , .• Approximate acres M Vy LU nIf rIP _ >, w ' ly z +• t "' a � won P. r� 9 N OHNSON, ENOCH S SURVEY Abstract 852, Tract 1CO2, 1C2-1C3 (3044 East Freewav) n JOHNSON, ENOCH S SURVEY Abstract 852, Tract 1A06 (2001 Ben Avenue); N MEADOWVIEW NORTH ADDITION, Block 1 Lot 4 (1900 Ben Avenue); MEADOW"/IEW NORTH ADDITION, Block 1 Lot 3,(1950 Ben Avenue) a 0 120 240 Feet N d Cop�Tight © 2025 City of Fort Worth. Unauthorized reproduction is a siolation of applicable laws. This data is to be used for graphical representation only. The FORT WORTH® accuracy is not to be taken/used as data produced for engineering purposes or by a registered professional land surveyor. The City, of Fort R'orth assumes no ii responsibility for the accuracy of said data. r'0 General Location City of Fort Worth, Texas Mayor and Council Communication DATE: 12/09/25 M&C FILE NUMBER: M&C 25-1173 LOG NAME: 21OPEN SPACE/PARD ACQ BEN AVENUE SUBJECT (CD 11) Authorize the Acquisition of a Fee Simple Interest in Approximately 16.41 Acres of Land Located at 2001 Ben Avenue, 1950 Ben Avenue, 1900 Ben Avenue, and 3044 East Freeway, Fort Worth, Tarrant County, Texas 76112 from New World Trade Center I LTD in the Amount of $2,650,000.00 for the Open Space Conservation Program and Parkland Expansion, Authorize the Payment of Closing Costs in an Amount Up to $65,000.00, Authorize Up to $35,000.00 for Pre -Acquisition Costs and Staff Time, 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 16.41 acres of land located at 2001 Ben Avenue, 1950 Ben Avenue, 1900 Ben Avenue, and 3044 East Freeway, Fort Worth, Tarrant County, Texas 76112 from New World Trade Center 1 LTD in the amount of $2,650,000.00; 2. Authorize the payment of closing costs in an amount up to $65,000.00; 3. Authorize expenditure of Open Space Conservation Program funds in an amount up to $35,000.00 for pre -acquisition costs and staff time; 4. Adopt the attached appropriation ordinance adjusting appropriations in the 2022 Bond Program Fund, by increasing estimated receipts and appropriations in the OSAcq — Ben Avenue project (City Project No. 106526) in the amount of $750,000.00 and decreasing estimated receipts and appropriations in the Open Space Appropriations project (City Project No. PA0001) by the same amount; 5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the PARD Dedication Fees Fund, in the amount of $2,000,000.00, from Interest Earnings, for the purpose of funding the Ben Ave land acquisition project (City Project No. 106474); 6. Authorize the City Manager or designee to accept the conveyance, to execute the necessary contract of sale and purchase, and to execute and record the appropriate instruments; 7. Dedicate 2001 Ben Avenue, approximately 11.05 acres of the property, as parkland to be an expansion of Tandy Hills Nature Area Park; 8. Conserve the remainder of the property, as a natural area under the Open Space Conservation Program; and 9. Amend the Fiscal Years 2026-2030 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to seek approval to acquire land at 2001 Ben Avenue, 1950 Ben Avenue, 1900 Ben Avenue, and 3044 East Freeway, Fort Worth, Tarrant County, Texas 76112, from New World Trade Center I LTD in a joint acquisition between the Park & Recreation Department (PARD) in accordance with the GREENprint Fort Worth: Parks, Recreation, Open Space, and Public Realm Master Plan, which calls for the provision of adequate park and recreational areas, and the Open Space Conservation Program in accordance with the program's mission to preserve high quality natural areas in Fort Worth. Approximately 11.05 acres of the acquired property will be dedicated as an expansion of Tandy Hills Nature Area Park. The Open Space Working Group assessed the properties utilizing the Open Space Tool (mapping) which identifies properties that are "high priority for conservation" based on available data. There is also a need for adequate parking at the site due to high volumes of visitors, especially during peak wildflower season. Visitors currently park along neighborhood roads and frequently trample sensitive prairie areas to get to official trails. The acquired property may be used to create a parking area and visitor center that will help bring people into the site on official trails and reduce damage to sensitive natural areas. This acquisition 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. New World Trade Center I LTD (Seller) has agreed to sell the properties for a total purchase price of $2,650,000.00. 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 due up to the closing date. The City will pay closing costs in an amount up to $65,000.00. A portion of the purchase price in the amount of $650,000.00, closing costs in an amount up to $65,000.00, and an estimated $35,000.00 to cover pre - acquisition costs such as environmental site assessments, survey, and capitalizable staff salary charges will be provided from the 2022 Bond Program Fund in the Open Space Conservation Program (OSAcq — Ben Avenue City Project No. 106526) to conserve approximately 4.33 acres as a natural area under the Open Space Conservation Program, with the exact boundaries to be determined at a later date in conjunction with a PARD master planning effort. Any unused funding upon project completion will be returned to the Open Space Appropriations project (City Project No. PA0001) and the 2001 Ben Avenue project (City Project No. 106474), respectively. 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, PARD Dedication Fees Funds and the General Fund for the Property Management and Park & Recreation Departments for the purpose of funding the OSAcq-Ben Avenue and 2001 Ben Avenue projects. The following table demonstrates the funding for the acquisition: Activity Property Location Fee Simple Interest in approximately 3044 East Freeway, 1900 Ben Avenue, and 4.33 acres for the Open Space 1950 Ben Avenue, Fort Worth, Tarrant County, Conservation Texas 76103 Fee Simple Interest in approximately 2001 Ben Avenue, Fort Worth, Tarrant County, 11.05 acres for PARD Texas 76103 Pre -Acquisition & Staff Changes Estimated Closing Costs This property is located in COUNCIL DISTRICT 11. FISCAL INFORMATION / CERTIFICATION: Fund Amount 34027 - 2022 Bond Program Fund - 22050199 Prop E Open Spaces (City Project $650,000.00 No. PA0001) 30110 - PARD Dedication Fees Fund (City $2 000,000.00 Project No. 106474) 34027 - 2022 Bond Program Fund - 22050199 Prop E Open Spaces (City Project $35,000.00 No. PA0001) 34027 - 2022 Bond Program Fund - 22050199 Prop E Open Spaces (City Project $65,000.00 No. PA0001) Total: $2,750,000.00 The Director of Finance certifies that funds are currently available in the Open Space Appropriations programmable project within the 2022 Bond Program Fund and in the Unspecified -All Funds project within the PARD Dedication Fees Fund and in the General 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 — Ben Avenue project and in the PARD Dedication Fees Fund for the 2001 Ben Avenue project to support the approval of the above recommendations and acquisition of land. Prior to an expenditure being incurred, the Property Management Department, City Manager's Office, and the Park & Recreation 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