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HomeMy WebLinkAbout28168-12-2025 - City Council - OrdinanceOrdinance No.28168-12-2025 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE DEVELOPER CONTRIBUTION FUND, IN THE AMOUNT OF $1,129,570.00, FROM FUTURE REVENUES WITHIN DEVELOPER CASH CONTRIBUTIONS, FOR THE PURPOSE OF FUNDING THE DESIGN AND CONSTRUCTION OF TWO FUTURE INTERSECTIONS ON AVONDALE HASLET ROAD PROJECT (CITY PROJECT NO. 101014); 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 Developer Contribution Fund, in the amount of $1,129,570.00, from future revenues within Developer Cash Contributions, for the purpose of funding the design and construction of two future intersections on Avondale Haslet Road project (City Project No. 101014). 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 �ASS/TO FORM AND LEGALITY: nniiglas Rlark( Ian 9,9026 1n-19-45 CST) Assistant City Attorney ADOPTED AND EFFECTIVE: December 09, 2025 CITY SECRETARY Jannette S. Goodall City Secretary y ORT� 4 n �o °0 ~o oat 4 �� 0 o *� Mayor & Council Map ( Avondale Haslet Roadway Project FORT WORTH. Future Roadways by Developers CD #10 o Avondale Haslet Roadway Project o Future Developer Roadways ETJ U3 cr) Z 0 J } 287 �--� Railroads Extra -Territorial Jurisdiction (ETJ) Adjacent Cities Council Districts 10 -Alan Blaylock 10 - Alan Bfa'ytock rAl F AS..t 1 kU Fst „�If .l F ULLI UJ tiu Haslef Data Source: CFW GIS, Near Map I Map generated September 2025 TPW Business Support Services 0 2,000 4,000 Copyright © 2025 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws. This data is to be use for graphical US Feet representation only. The accuracy is not to be taken/used as data ■ produced for engineering purposes or by a registered professional land surveyor. The City of Fort Worth assumes no responsibility for the accuracy of said data. Mayor & Council Map I CPN 101014 FORTWORTH® Avondale Haslet Road Project CD #10 Willow Creek Dr (ETJ) to John Day Rd (City Limits) RN ETJ LO �WHITWORTH.:Z 'a,", -Z O R �PINEV�LLEV g � O� z ESCOIJ DID,O i .V•ANC EER"z'�i OTT z' %BRAEBURN 2{SHADQWJHAW1 — 287 A------.__tfi RYMap i 0 1,750 3,500 F Feet H TT) Data Source: CFW GIS, Nearmap I Map generated January 2024 N TPW Business Support Services / CppjOM20]O Ciryot Fort WOM.UnathmlzN repmduRion iza Ntlpeon cf pppGmWebws r Thu data ierevjreMpaphlmlrg only. TM1epa not to be byaratbn Tt CMyof=s Pod+ced brtrpinmdria Wrpme m 6ya reNctertd pmhdmwllpnd a,rvewr. the City cfFmt 11,,d 4■ Worth panne rartmmyas@ilIly pw the amapcYcf saW 4ttp. F City of Fort Worth, Texas Mayor and Council Communication DATE: 12/09/25 M&C FILE NUMBER: M&C 25-1135 LOG NAME: 2020AVONDALE HASLET - DEVELOPER CONTRIBUTION SUBJECT (CD 10) Authorize Execution of a Developer Funding Agreement in the Amount of $1,129,570.00 with Beaten Path Development, LLC for the Purpose of Design and Construction of Intersection Improvements at Avondale Haslet Road and Wagley Robertson Road Project, Authorize Execution of Amendment No. 6 to City Secretary Contract No. 49555 with HDR Engineering, Inc., in the Amount of $144,250.00 for Additional Engineering Services for the Avondale Haslet Road Project, Adopt Appropriation Ordinance and Amend the Fiscal Years 2026-2030 Capital Improvement Program (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a Developer Funding Agreement in the amount of $1,129,570.00 with Beaten Path Development, LLC for the purpose of design and construction of intersection improvements at Avondale Haslet Road and Wagley Robertson Road project (City Project No. 101014); 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Developer Contribution Fund, in the amount of $1,129,570.00, from future revenues within Developer Cash Contributions, for the purpose of funding the design and construction of two future intersections on Avondale Haslet Road project (City Project No. 101014); 3. Authorize execution of Amendment No. 6 to City Secretary Contract No. 49555, an engineering agreement with HDR Engineering, Inc., in the amount of $144,250.00 for engineering services for the design of Avondale Haslet Road project, for a revised contract amount of $3,678,598.00 (City Project Number 101014); and 4. Amend the Fiscal Years 2026-2030 Capital Improvement Program. DISCUSSION: The purpose of this Mayor & Council Communication (M&C) is to appropriate eligible Future Improvement Agreement funding from Beaten Path Development LLC, in the amount of $1,129,570,00 forthe Avondale Haslet Road project. The developer has requested that the City modify its Avondale Haslet Road design and construct roadway modifications for the future Avondale Haslet Road and Wagley Robertson Road intersection as part of the City project, to avoid damaging Avondale Haslet Road after construction. The improvements include the future Wagley Robertson intersection and turn lane improvements at the future Newcomer Way. These improvements are estimated to cost as follows: Design Cost - $90,000.00; Construction Cost - $797,490.00. The full amount of $887,490.00 is being collected from the developer via a Developer Funding Agreement. Per the agreement, upon final accounting of actual costs, if any additional amount is owed for design or construction, the developer shall remit it to the City. If any credit or refund is owed to the developer, the City shall remit to the developer. In addition, a traffic signal will be required at the future Wagley Robertson/Newcomer Way intersection. The developer is only responsible for 36% of the traffic signal's cost in accordance with development proportionality policies. The developer will make a one-time payment of $242,080.00 for their share of the design and construction of the traffic signal. Funding in the amount of $335,440.00 for the balance of the signal design and construction cost will be provided by the Avondale Haslet project. If there is a default, there are funds available in the 2018 and 2022 Bond Program Funds. This M&C will authorize execution of Amendment No. 6 to the engineering and services agreement with HDR Engineering, Inc., in an amount of $144,250.00 for the engineering services associated with this Developer Funding Agreement and additional subsurface utility services to help with franchise utility relocation. The following table summarizes previous contract actions and amendments: M&C nitial endment 1 Amount Justification M&C No. J Date Small project kickoff contract to generate an initial $400,000.00 M&C C-28288 06/20/201 schematic design for the original scope Amendment for full development of plans, specifications, $843,000.00 M&C C-28764 06/26/201 and estimates Amendment to produce plans, specifications, estimates, Amendment � right-of-way exhibits, bidding, and construction $1,746,516.00 M&C 21-2026 03/23/2021 No.2 management for the augmented 4-lane divided design jscope Amendment $61,952.00 Amendment to address scope changes in the survey and (Administratively 08/15/20231 No.3 right-of-way exhibits Approved [Amendment Amendment to address additional environmental NoA $382,936.00 plocumentation, traffic design, and franchise utility M&C 24-0275 04/09/2024 potholes Amendment $99,944.00 Amendment to address additional utility coordination, Administratively �01/31/2025 No.5 drainage, water, and sewer design Approved I Amendment $144,250.00 Developer -initiated intersections, subsurface utility This M&C JNo.6 iervices Revised Contract $3,678,598.00 Amount I This project is included in the 2018 and 2022 Bond Programs. The funding for this project is shown in the following table: Existing Additional Fund _ _ Funding Funding I Project Total 34018- 2018 Bond Program Fund $12,080,000.00, $0.001$12,080,000.00 34027 - 2022 Bond Program Fund $26,222,128.54 $0.00 $26,222,128.54 30108 -Transportation Impact Fee Capital $5,500,000.001 $0.00 $5,500,000.00 Fund _ 30106 - Intergovernmental Contribution Fund $19,300,000.001 $0.00 1$19,300,000.00 34017 - Tax Note 2017 $500,000.00 $0.001 $500,000.00 30433 - Tax Notes Series 2025 $5,150,000.00 $0.00 $5,150,000.001 156023 - W&S Rev Bonds Series 2025 $228,346.00 1 _ $0.00 $228,346.0011 30104 - Developer Contribution Fund $0.00 $1,129,570.001 $1,129,570.00 ILroject Total $68,980,474.54 $1,129,570.001$70,110,044.54 Funding for these intersection improvements in the project was not included in the FY2026-2030 Capital Improvement Program because the developer proposed these improvements to the City after the project scope was finalized. The action in this M&C will amend the FY2026-2030 Capital Improvement Program as approved in connection with Ordinance 27979-09-2025. This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25765-08-2022) provides liquidity to support the appropriation. Available resources will be used to actually make any interim progress payments until the 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, that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). The project is located in COUNCIL DISTRICT 10. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, execution of the contract, and adoption of the attached appropriation ordinances, funds will be deposited into the Developer Contribution Fund as appropriated. The Transportation and Public Works Department (and Financial Management Services) is responsible for the collection and deposit of funds due to the City. Prior to any expense being incurred, the Transportation and Public Works Department also has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: Jesica McEachern 5804 Oriainatina Business Unit Head Additional information Contact: Expedited Lauren Prieur 6035 Monty Hall 8662