HomeMy WebLinkAbout28259-01-2026 - City Council - OrdinanceOrdinance No.28259-01-2026
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE
WATER & SEWER CAPITAL PROJECTS FUND, IN THE AMOUNT OF $25,785.00, FROM AVAILABLE
PAYGO RESIDUALS, FOR THE PURPOSE OF FUNDING THE EMERGENCY SANITARY SEWER
M-292 REPAIR AT BELKNAP RATIFICATION PROJECT (CITY PROJECT NO. 105650) TO
EFFECT A PORTION OF WATER'S CONTRIBUTION TO FISCAL YEARS 2026-2030 CAPITAL
IMPROVEMENT PROGRAM; PROVIDING FOR A SEVERABILITY CLAUSE; MAILING 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
Water & Sewer Capital Projects Fund, in the amount of $25,785.00, from available PayGo residuals, for
the purpose of funding the Emergency Sanitary Sewer M-292 Repair at Belknap Ratification project
(City Project No. 105650) to effect a portion of Water's Contribution to Fiscal Years 2026-2030 Capital
Improvement Program.
E•'ix8�III [a]zI"
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said prior ordinances and appropriations are hereby expressly repealed.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:
CITY SECRETARY
Jannette S. Goodall
City Secretary
_ Assistant City Attorney
ADOPTED AND EFFECTIVE: _January 13, 2026 �oO� FoRr 114 a
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25-TTSA,VITARYSEWER EASEMEAT
5,814SQF7'OR a133ACRES OFI,AND
THOMASAA-ERSSURVEY, ABSTRACT2.5
ANDSIMONAAERSSURVEY, ARSTR4CT-17
CITYOFHALTOMC=,, TARRAATCOUA77-, TEXAS
1/2 CIRF PARCEL 1 SSE
"OLD TOWN /
SURVEYING" Rs SURv� 11 $ -MAG NAIL
LOT I-R
\ s00O R J.W ABERS ADDITION
LINE TABLE
CAB. A, SLIDE 5471
/ V Q INST. NO. D220129263
-A P.R.TC.T. I LINE # BEARING LENGTH
i/2 IRF L1 N00°14'59"W 197.89'
L2 N42°26'07"W 25.54'
x-CUT / I L3 S49°27'00"W 25.00'
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�G I L4 S42°26'07"E 34.36'
o / I L5 S00°14'59"E 207.32'
o
LOT IA, BLOCK 3 �\ / I L6 S89°15'40"W 25.00'
J.W. AKERS SUBDIVISION
INST. NO. D 195225037
D.P.R.T.C.T. / I L7 S49°27'00"W 20.1 V
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� J / J I L8 S49°27'00"W 47.25'
J \ /
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25' SANITARY SEWER
EASEMENT
w \
a / 5,814 SQUARE FEET
C \ OR 0.133 ACRES
10' HALTOM CITY —"� \
WATER EASEMENT
-INST. D77,9508687
O.P. R.T.C.T.\ \ APPROXIMATE LOCATION SURVEY LINE
I 0. T.C.T.
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x j CM CONTROLLING MONUMENT //��'h Q- VOL. 13OAKRIDGE (HALTOM CITY)83, PG. 368 W U. VOL. 7470, PG. 414
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NOTES: �jG� 518 IRF PK NAIL
Q 1. LEGAL DESCRIPTION OF EVEN DATE
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25-PTSA,VI ARYSEWER EASEMENT
5,814SQFTOR a 133 ACRES OFI,4AD
THOMASAA-ERS SLRVEY, ABSTRACT2,5
ANDSIMONAAERSSURVEY, ARSTRACT-17
CITYOFHALTOMC=,, TARRAATCOUX77-, TEXAS
PARCEL 1 SSE
BEING A TRACT OF LAND SITUATED IN THE THOMAS AKERS SURVEY, ABSTRACT NUMBER 25, AND THE SIMON AKERS
SURVEY, ABSTRACT NUMBER 17, CITY OF HALTOM CITY, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF LOT
1—R, BLOCK 1, J.W. AKERS ADDITION, AN ADDITION TO THE CITY OF HALTOM CITY, TARRANT COUNTY, TEXAS, AS
SHOWN ON PLAT THEREOF AND RECORDED IN INSTRUMENT NO. D220129263, OFFICIAL PUBLIC RECORDS, TARRANT
COUNTY, TEXAS, (O.P.R.T.C.T.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2 INCH IRON ROD FOUND AT THE COMMON SOUTHWEST CORNER OF SAID LOT 1—R, AND THE
SOUTHEAST CORNER OF LOT 1A, BLOCK 3, J.W. AKERS SUBDIVISION, AN ADDITION TO THE CITY OF HALTOM CITY,
TARRANT COUNTY, TEXAS AS SHOWN ON PLAT THEREOF AND RECORDED IN INSTRUMENT NO. D195225037,
(O.P.R.T.C.T.), AND BEING IN THE NORTH RIGHT —OF— WAY (R.O.W.) OF MIDWAY ROAD ( A CALLED 60—FOOT R.O.W.);
THENCE NORTH 00'14'59" WEST, WITH THE COMMON WEST LINE OF SAID LOT 1—R FOR A DISTANCE OF 197.89 FEET
TO A POINT.
THENCE NORTH 42'26'07"
WEST, A DISTANCE OF 25.54 FEET TO A POINT IN THE COMMON NORTH LINE OF SAID LOT
1—R, BLOCK 1 AND THE
SOUTH RIGHT—OF—WAY OF EAST BELKNAP STREET (A CALLED 90 FOOT RIGHT—OF—WAY,)
FROM WHICH A 1 /2 INCH
IRON ROD BEARS SOUTH 49-27'00" WEST 20.11 FEET.
THENCE NORTH 49'27'00"
EAST, ALONG SAID RIGHT—OF—WAY, A DISTANCE OF 25.01 FEET TO A POINT IN THE
COMMON NORTH LINE OF
SAID LOT 1—R AND THE SOUTH R.O.W. LINE OF EAST BELKNAP STREET FROM WHICH A
MAG NAIL FOUND AT THE
COMMON NORTHWEST CORNER OF SAID LOT 1—R AND THE NORTHEAST CORNER OF
AFOREMENTIONED LOT 1A,
BLOCK 3 BEARS NORTH 49'27'00 EAST, A DISTANCE OF 47.24 FEET;
THENCE SOUTH 42'26'07"
EAST, DEPARTING SAID COMMON LINE AND OVER AND ACROSS SAID LOT 1—R, A DISTANCE
OF 34.36 FEET TO A POINT;
THENCE SOUTH 00'14'59"
EAST, OVER AND ACROSS SAID LOT 1—R, A DISTANCE OF 207.32 FEET TO A POINT IN
THE AFOREMENTIONED COMMON SOUTH LINE OF SAID LOT 1—R AND THE NORTH R.O.W. LINE OF SAID MIDWAY ROAD;
THENCE SOUTH 89'15'40"
WEST, WITH SAID COMMON SOUTH AND NORTH R.O.W. LINE, A DISTANCE OF 25.00 FEET
TO THE POINT OF BEGINNING
AND CONTAINING 5,814 SQUARE FEET OR 0.133 ACRES OF LAND, MORE OR LESS.
NOTES:
1. EASEMENT DRAWING OF EVEN DATE ACCOMPANIES THIS LEGAL
DESCRIPTION.
2. BEARINGS REFERENCED TO THE TEXAS STATE PLANE COORDINATE
SYSTEM, NORTH CENTRAL ZONE, NAD '83. ALL DISTANCES ARE
GROUND DISTANCES.
SHIELDERIC M. WARD
ENGINEERING R.P.L.S. No.6217
ikiTBPELS ENGINEERING #F-11039, SURVEYING #10193890 DATED: 04-09-2025
EXHIBIT 'A "
VARI,4BLE WIDTHTEMPO, ARY
CONSTRUCTION EASEMENT
8,906SQFTOR a2o4ACRESOFLAND
TIIOMASAKERSSURVEY, ABSTRACT25,
ANDSIMOXAA-ERSSLTRVEY, ABSTRACT17
CITYOFHALTOMCITY, TARRAATCOU=,, TEXAS
"OLD TOWN CIRF PARCEL 4 TCE
"OL
\ SURVEYING" Rs )FMAG NAIL
\ sIMO�S RPCT�°' l� �1<1 �Q LINE TABLE
LOT
BLOCK R LINE # BEARING LENGTH
<1 J.W AKERS ADDITION
e4 O� CAB. A, SLIDE 5471 L1 N00°14'59"W 207.32'
<1� 1/2 IRF INST. NO. D220129263
�j P.R.T.C.T. L2 N42°25'55"W 34.36'
'Qs / L3 N49°27'00"E 35.02'
0
L4 S42°25'55"E 46.71'
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L5 S00°14'59"E 220.52'
a L6 S89°1640"W 35.00'
�\ LOT 1A, BLOCK 3
o / \ J.W. AKERS SUBDIVISION L7 S49°27'00"W 45.12'
o \ INST. NO. D 195225037
o \ O.P.R.T.C.T. J J L8 S49°27'00"W 12.20'
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\ \ I VARIABLE WIDTH TEMPORARY
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\ 8,906 SQUARE FEET
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� 10' HALTOM CITY
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INST. NO. D179508687 \ APPROXIMATE LOCATION SURVEY LINE
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CM CONTROLLING MONUMENT �/� �F��� OAKRII DG 38(HALTOM 3CI) ~ f� OAKRIDGE (HALTOM CITY)
VOLQ 68
VOL. 1470, PG. 414
5 P. R. T. C. T.
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m 2. BEARINGS REFERENCED TO THE TEXAS 0 60 120 �E OF
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ENGINEERING R.P.L.S. No.6217
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VARI,4BLE WIDTHTEMPO, ARY
CONSTRUCTION EASEMENT
8,906SQFTOR a2o4ACRESOFLAND
THOMA5AICERS SURVEY, ABSTRACT2,S
ANDSIMOXAA-ERSSURVEY, ABSTRACT17
CITYOFHALTOMCITY, TARRAATCOU=,, TEXAS
PARCEL 4 TCE
BEING A TRACT OF LAND IN THE THOMAS AKERS SURVEY, ABSTRACT NUMBER 25AND THE SIMON AKERS SURVEY,
ABSTRACT NUMBER 17, CITY OF HALTOM CITY, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF LOT 1—R, BLOCK
1, J.W. AKERS ADDITION, AN ADDITION TO THE CITY OF HALTOM CITY, TARRANT COUNTY, TEXAS, AS SHOWN ON PLAT
RECORDED UNDER INSTRUMENT NO. D220129263, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, (O.P.R.T.C.T)
AND BEING MORE PARTICULARY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A 1/2 CAPPED IRON ROD FOUND AT THE COMMON SOUTHWEST CORNER OF SAID LOT 1—R,
AND THE SOUTHEAST CORNER OF LOT 1A, BLOCK 3, J.W. AKERS SUBDIVISION, AN ADDITION TO THE CITY OF HALTOM
CITY, TARRANT COUNTY, TEXAS AS SHOWN ON PLAT RECORDED UNDER INSTRUMENT NO. D195225037, (O.P.R.T.C.T.),
AND BEING IN THE NORTH RIGHT—OF—WAY LINE OF MIDWAY ROAD ( A CALLED 60—FOOT RIGHT—OF—WAY);
THENCE ALONG THE COMMON NORTH RIGHT—OF—WAY LINE OF MIDWAY ROAD SOUTH 89'15'40" WEST FOR A
DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING;
THENCE OVER AND ACROSS LOT 1—R BLOCK 1 OF THE J.W. AKERS ADDITION THE FOLLOWING COURSES AND
DISTANCES:
NORTH 00'14'59" WEST FOR A DISTANCE OF 207.32 FEET TO A POINT;
THENCE NORTH 42'26'07" WEST FOR A DISTANCE OF 34.36 FEET TO A POINT THAT BEARS NORTH 49'27'00"
EAST FOR A DISTANCE OF 45.07 FEET TO A 1/2 INCH IRON ROD;
THENCE NORTH 49'27'00" EAST A DISTANCE OF 35.02 FEET TO A POINT THAT BEARS NORTH 49'27'00" EAST FOR
A DISTANCE OF 12.22 FEET TO A MAG NAIL SET IN CONCRETE;
THENCE SOUTH 42'26'07" EAST FOR A DISTANCE OF 46.70 FEET TO A POINT;
THENCE SOUTH 00'14'59" EAST FOR A DISTANCE OF 220.27 FEET TO A POINT IN THE COMMON NORTH
RIGHT—OF—WAY OF AFOREMENTIONED MIDWAY ROAD;
THENCE FOLLOWING ALONG SAID NORTHERN RIGHT—OF—WAY LINE SOUTH 89*15,40" WEST FOR A DISTANCE OF
35.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 8,906 SQUARE FEET OR 0.204 ACRES.
NOTES:
1. EASEMENT DRAWING OF EVEN DATE ACCOMPANIES THIS LEGAL
DESCRIPTION.
2. BEARINGS REFERENCED TO THE TEXAS STATE PLANE COORDINATE
SYSTEM, NORTH CENTRAL ZONE, NAD '83. ALL DISTANCES ARE
GROUND DISTANCES.
SH I E L D
ENGINEERING ERIC M. WARD
TBPELS ENGINEERING #F-11039, SURVEYING #10193890 R.P.L.S. No. 6217
DATED: 04-09-2025
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Export Detail Data
105650 Emer SS M292 Rpr Belknap Rtfy
56002 W&S Capital Projects
4956001 Transfer From Water/Sewer
Total Revenue
New Capital Project Funds
56002 W&S Capital Projects
0700430 Wstwater Dept Public Utility
Total Expenditure
Project 105650
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Page 1 of 1
GL0019-07 - Project Budget Summary
RunTime: 09/15/2025 12:44 PM
$1,561,580.00 $1,561,580.00 $0.00 100.00
$1.561.580.00 $1.561 580.00 $0.00 100.00
$1,561,580.00 $1,561,580.00 $0.00 100.00
®Pre- Encumbrance Actuals ,
Encumbrance Remaining I Budget Spent
$1,561,580.00 $0.00 $1,242,613.19 $318,966.81 $0.00 100.00
$1,561,580.00 $0.00 $1.242.613.19 $318,966.81 $0.00 100.00
$1.561.580.00 $0.00 $1.242.613.19 $318.966.81 $0.00 100.00
$1,561,580.00 $0.00 $1,242,613.19 $318,966.81 $0.00 100.00
MAYOR AND COUNCIL COMMUNICATION
5302 East Belknap Street
Near Council District 11
t .tiyA ,kR `. �•� �L�
LITTLE FOSSIL CREEK AT BELKNAP ST.
EMERGENCY M-292
Parcel I Permanent Sanitary Easement
Parcel 4 Temporary Construction Easement
Copyright C 2025 City of Fort Worth. Unauthorized reproduction is a violation of
applicable laws. This data is to be used for graphical 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.
N
A
0 100
'ORTWORTE,
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 01/13/26 M&C FILE NUMBER: M&C 26-0054
LOG NAME: 21CONDEMN CPN 105650 EMER SS M292 RPR BELKNAP RTFY
SUBJECT
(Near CD 11) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.133 Acres in Sanitary Sewer Easement and 0.204
Acres for a Temporary Construction Easement from Real Property Owned by DAD -USA Investment, Inc., Located at 5302 East Belknap
Street, Haltom City, Tarrant County, Texas being Lot 1, Block 1, of the J.W. Akers Addition, an Addition to the City of Haltom City, Tarrant County,
Texas, for the Little Fossil Creek at Belknap St. Emergency M-292 Project and Adopt Appropriation Ordinance to Effect a Portion of Water's
Contribution to Fiscal Years 2026-2030 Capital Improvement Program
:7xT]iv, iv, 1=I►U730NAk,9
It is recommended that the City Council:
Declare that negotiations between the City and the property owner to acquire 0.133 acres in sanitary sewer easement and 0.204 acres for a
temporary construction easement interest from real property owned by DAD -USA Investment, Inc., located at 5302 East Belknap
Street, Haltom City, Tarrant County, Texas Lot 1, Block 1, of the J.W. Akers Addition, an addition to the City of Haltom City, Tarrant County,
Texas, for the Little Fossil Creek at Belknap St. Emergency M-292 project, were unsuccessful due to the inability to negotiate agreeable
terms for the property interests being acquired by the City;
Declare the necessity to acquire the described property interest for the Little Fossil Creek at Belknap St. Emergency M-292 project (City
Project No. 105650);
Adopt the attached resolution authorizing the City to use its power of eminent domain to acquire the property for public use;
Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described property interest from the
property owner;
Authorize a payment pursuant to an award of commissioners or a negotiated settlement;
Authorize the City Manager or his designee to accept and record the appropriate instruments; and
Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water & Sewer Capital Projects Fund
in the amount of $25,785.00, from available PayGo residuals, for the purpose of funding the Emergency Sanitary Sewer M-292 Repair at
Belknap Ratification project (City Project No. 105650) to effect a portion of Water's Contribution to Fiscal Years 2026-2030 Capital
Improvement Program
DISCUSSION:
The purpose of this Mayor and City Council Communication (M&C) is to recommend that the City Council authorize condemnation by eminent
domain of land for the Emergency Sanitary Sewer Repair near 5301 Belknap Street project (City Project No. 105650), authorized by the City
Council on August 27, 2024, M&C 24-0742.
The project will transport wastewater in the existing M-292 sanitary sewer collector main along Little Fossil Creek.
An independent appraisal established the property's fair market value of the Permanent Sewer near 5301 East Belknap Street and Temporary
Construction Easement Acquisition in the total amount of $25,785.00. Negotiations were unsuccessful due to the inability to negotiate agreeable
terms for the property interest being acquired by the City.
Upon approval, a condemnation action will be brought and a Special Commissioner's hearing held to acquire the Permanent Sewer Easement
and Temporary Construction Easement Interest on the property.
Improved Subject Property
(Parcel Nos.l Legal Description Acreage / Properly Interest
1 & 4 ILot 1-R, Block 1, J.W. Akers Addition, Haltom City, Tarrant County, Texas
0.133 Acres / Permanent Easement Interest
0.204 Acres/ Temporary Easement Interest
To approve this Mayor and Council Communication (M&C), the Council Member making a motion to authorize condemnation by eminent domain
should say:
"I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent domain to acquire 0.133 acres in Permanent
Water Easement and 0.204 acres for a temporary construction easement from real property owned by DAD -USA Investment, Inc. The property is
needed for the Little Fossil Creek at Belknap St. Emergency M-292 Project, a public use that will enhance sewer service capability. The land rights
in the subject property are needed for sewer improvements as necessary. The property is located at 5302 East Belknap Street, being Lot 1, Block
1, of the J.W. Akers Addition, an addition to the City of Haltom City, Tarrant County, Texas. The property interest to be acquired is described by
metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication."
It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year, instead of within the annual budget ordinance, as
projects commence, additional funding needs are identified, and to comply with bond covenants. The actions of this M&C will appropriate funds in
support of the Water's portion of the City of Fort Worth's Fiscal Years 2026-2030 Capital Improvement Program.
Funding is available in the Unspecified All -Funds project within the Water & Sewer Capital Projects Fund for the purpose of funding the Emergency
Sanitary Sewer M-292 Repair at Belknap Ratification project.
Appropriations for the Emergency Sanitary Sewer M-292 Repair at Belknap Ratification project, are as depicted below:
Fund Existing Additional Project Total
Appropriations Appropriations
W&S Capital
Projects - Fund $1,561,580.00 $25,785.00 $1,587,365.00
56002
(Total I $1,561,580.00 $25,785.0011 $1,587,365.00
This property is located near COUNCIL DISTRICT 11.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Unspecified All -Funds project within the W&S Capital Projects Fund, and
upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the Emer SS M292
Rpr Belknap Rtfy project to support approval of the above recommendations and acquisition of easements. Prior to any expenditure being
incurred, the Property Management and Water Departments have the responsibility to validate the availability of funds.
Submitted for Citv Manaaer's Office by
Oriainatina Business Unit Head:
Additional Information Contact:
Valerie Washington
6199
Marilyn Marvin
7708
Matthew Wilbanks
2311