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HomeMy WebLinkAbout27317-11-2024 - City Council - OrdinanceOrdinance No. 27317-11-2024 AN ORDINANCE ADJUSTING APPROPRIATIONS IN THE 2022 BOND PROGRAM FUND, BY INCREASING APPROPRIATIONS IN THE OSACQ- MAHAFFEY PROJECT (CITY PROJECT NO. 105875) IN THE AMOUNT OF S1,815,000.00, AND DECREASING APPROPRIATIONS IN THE OPEN SPACE APPROPRIATIONS PROJECT (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 the budget of the City of Fort Worth for Fiscal Year 2024-2025, as enacted by Ordinance 27107-09- 2024, as amended, is hereby further amended to make the following adjustments to appropriations in the 2022 Bond Program Fund, by increasing appropriations in the OSAcq-Mahaffey Project (City Project No. 105875) in the amount of $1,815,000.00, and decreasing appropriations in the Open Space Appropriations Project (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 27107-09-2024 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 Assistant City Attorney Jannette S. Goodall City Secretary ADOPTED AND EFFECTIVE: November- 19, 2024 MAYOR AND COUNCIL COMMUNICATION MAP ETJ MAHAFFEY OPEN SPACE ACQUISITION - CFW PROJECT NO. 105875 I. ON &af "� •. t `, TAD Account# Street Address City ZIP,:�'� 04282213 6698 Mahafy Street Fort Worth 76135 04282205 6600 Mahafy Street Fort Worth 76135 i a 05789001 6670 Mahafy Street Fort Worth 76135 fi 04282183 6674 Mahafv Street Fort Worth 76135 04282248 6664 Mahafy Street Fort Worth 76135 04282256 6654 Mahafy Street Fort Worth 76135 04282191 6644 Mahafy Street Fort Worth 76135 B�CY �AKS s '" 04282264 6634 Mahafy Street Fort Worth 76135 i 04282167 6600 Mahafy Street Fort Worth 76135 - ++ 05789028 6650 Mahafy Street Fort Worth 76135 05789044 6620 Mahafy Street Fort Worth 76135 VkV h LiferEstate Acquisition Property 6674 Mahafy Street' Fort Worth, Texas 76135 TAD Account #: 04282183 + Y. a: y u 6 Xt�a y "e{ w: ?•!A °� ykkk a ��. OK � 'jai 4& r i` �a .�`•' � ,� . �. „C � a t. ^ w n Tarrant County N SS J. Wilcox Survey, Abstract 1728' I I � 0 200 400 Feet Copyright © 2024 City of Fort Worth. Unauthorized reproduction is a violation of I applicable laws. This data is to be used for graphical representation only. The accuracy is FORT WORM. 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. General Location City of Fort Worth, Texas Mayor and Council Communication DATE: 11/19/24 M&C FILE NUMBER: M&C 24-1022 LOG NAME: 21 OSACQ - MAHAFFEY SUBJECT (CD 7 ETJ) Authorize the Acquisition of a Fee Simple Interest in Approximately 41.667 Acres of Land Located at 6698, 6600, 6670, 6674, 6664, 6654, 6644, 6634, 6650, and 6620 Mahafy Street, Fort Worth, Tarrant County, Texas 76135 in an Amount Up to $1,730,000.00 from John I. Mahaffey, David D. Mahaffey, Margery Mahaffey Brinkley, Francis Belle Mahaffey, Geraldine Davis Mahaffey, Charles V. Mahaffey, and Gregory L. Mahaffey, Individually and as Co -Trustees of the CVM Family Trust, with Reservation of Life Estate for 6674 Mahafy Street, for the Open Space Conservation Program, Pay Estimated Closing Costs in an Amount Up to $30,000.00, Authorize Up to $55,000.00 for Pre -Acquisition Costs and Staff Time, Adopt Appropriation Ordinance, and Amend the Fiscal Years 2025-2029 Capital Improvement Program (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council: Authorize the acquisition of a fee simple interest in approximately 41.667 acres of land located at 6698, 6600, 6670, 6674, 6664, 6654, 6644, 6634, 6650, and 6620 Mahafy Street, Fort Worth, Tarrant County, Texas 76135 in an amount Up to $1,730,000.00 from John I. Mahaffey, David D. Mahaffey, Margery Mahaffey Brinkley, Francis Belle Mahaffey, Geraldine Davis Mahaffey, Charles V. Mahaffey, and Gregory L. Mahaffey, individually and as Co -Trustees of the CVM Family Trust, with Reservation of Life Estate for 6674 Mahafy Street, and pay estimated closing costs in an amount up to $30,000.00 for the OSAcq - Mahaffey Project (City Project No. 105875); Authorize expenditure of Open Space Conservation Program funds in an amount up to $55,000.00 for pre -acquisition costs and staff time; Adopt the attached appropriation ordinance adjusting appropriations in the 2022 Bond Program Fund by increasing appropriations in the OSAcq - Mahaffey Project (City Project No. 105875) in the amount of $1,815,000.00 and decreasing appropriations in the Open Space Appropriations Project (City Project No. PA0001) by the same amount; Amend the Fiscal Years 2025-2029 Capital Improvement Program; and Authorize the City Manager or designee to execute the necessary contract of sale and purchase, accept the conveyance, and to execute and record the appropriate instruments to complete the acquisition. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the acquisition of 41.667 acres of land located at 6698, 6600, 6670, 6674, 6664, 6654, 6644, 6634, 6650 and 6620 Mahafy Street, Fort Worth, Tarrant County, Texas 76135 from John I. Mahaffey, David D. Mahaffey, Margery Mahaffey Brinkley, Francis Belle Mahaffey, Geraldine Davis Mahaffey, Charles V. Mahaffey, and Gregory L. Mahaffey, Individually and as Co -Trustees of the CVM Family Trust, with reservation of life estate for the two -acre property located 6674 Mahafy Street, in accordance with the Open Space Conservation Program's mission to preserve high quality natural areas in Fort Worth. The Open Space Working Group assessed the property utilizing the Open Space Prioritization Tool online map, which identifies the property as moderate to high priority for conservation based on available data as well as site visits performed by City staff. The site includes high -quality, old - growth riparian tree canopy, as well as previously -disturbed areas returning to high -quality prairie. These areas are recovering quickly and there are no environmental contamination concerns from previous activity. While the property does include residential structures, these represent a small portion of the overall property and can be demolished or used for other purposes similar to properties in the adjacent Fort Worth Nature Center (FWNC). After acquisition, the intent is to incorporate this property into the FWNC in the future. Once incorporated into the FWNC, the property may be included in the FWNC master plan. This property will provide a new entrance point to the FWNC, keeping truck traffic off of roadways used by pedestrians, and will provide a buffer protecting ecologically sensitive areas of the FWNC. Conservation of this property supports the Open Space Conservation Program goals, including: ecosystem preservation; stream, river, and lake health; and flood control. 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 FWNC. An independent appraisal established fair market value for the property and the property owners have agreed to a negotiated amount up to $1,730,000.00 for the fee simple interest in the 41.667 acres of land. The two -acre home -site property will include the reservation of a life 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 total estimated closing costs in the amount up to $30,000.00. Funding for this acquisition will come from the Open Space Conservation Program. This M&C also authorizes funding in an amount up to $55,000.00 for pre -acquisition costs and staff costs associated with the acquisition process, including initial site investigation activities, appraisal, earnest money, staff time, Environmental Site Assessments, and other applicable costs associated with evaluating and acquiring the property. Funding for this acquisition will be provided from the 2022 Bond Program Fund in the Open Space Conservation Program (OSAcq - Mahaffey City Project No. 105875) Any unused funding upon project completion will be returned to the Open Space Appropriations Project (City Project No. PA0001). Upon acquisition, the estimated annual operation costs to maintain the property in its natural condition will be $2,000.00. The annual operation cost includes activities such as maintaining fire breaks, prescribed burns, and controlling invasive species. In the first year, initial one-time improvements estimated at $7,000.00 are needed to create perimeter fire breaks and to control Johnson grass. The property will be general City property under the Open Space Conservation Program, not parkland; however, maintenance will be provided by the Park & Recreation Department (PARD). Funds for annual maintenance will be budgeted in the PARD annual operating budget. Funding for operations and maintenance will be allocated to the PARD's base budget beginning in FY2026. This project is 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 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 following table demonstrates the funding for the acquisition: Activity Fund Amount Fee Simple Interest in 34027— 2022 Bond Program Fund — 22050199 $1,500,000.00 39.667 Acres Prop E Open Spaces (City Project No. PA0001) Fee Simple Interest in 2.00 Acres 34027 — 2022 Bond Program Fund — 22050199 $230,000.00 with Reservation of a Life Estate Prop E Open Spaces (City Project No. PA0001) Estimated Pre -Acquisition & Staff 34027 — 2022 Bond Program Fund — 22050199 $55,000.00 Costs Prop E Open Spaces (City Project No. PA0001) Estimated Closing Costs 34027 — 2022 Bond Program Fund — 22050199 $30,000.00 Prop E Open Spaces (City Project No. PA0001) Total: $1, 815, 000.00 This property is located in COUNCIL DISTRICT 7 ETJ. 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 Open Space Appropriations programmable project within the 2022 Bond Program Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance funds will be available in the 2022 Bond Program Fund for the OSAcq - Mahaffey project to support the approval of the above recommendations and acquisition of land. Prior to an expenditure being incurred, the Property Management Department and Transportation & Public Works Department have the responsibility of verifying the availability of funds. Submitted for Citv Manaaer's Office bv: Dana Burghdoff 8018 Oriainatina Business Unit Head: Marilyn Marvin 7708 Additional Information Contact: Ricardo Salazar 8379 Expedited