HomeMy WebLinkAboutOrdinance 18550-04-2009ORDINANCE NO 18550-04-2009
AN ORDINANCE FINDING THAT CONDITIONS HAVE
MATERIALLY CHANGED SO THAT THE PROJECT SCOPE
FOR THE ENHANCED COMMUNITY FACILITIES
AGREEMENTS AND URBAN DEVELOPMENT FUNDS PROJECT
AS INCLUDED IN THE 2004 CAPITAL IMPROVEMENT
PROGRAM SHOULD BE EXPANDED TO INCLUDE PLANNING,
ANALYSIS, DESIGN AND CONSTRUCTION OF MODERN
STREETCARS, GRANT FUNDED PROJECTS, OR NON-GRANT
FUNDED PROJECTS IN OR BENEFITING URBAN VILLAGES
OR MIXED-USE GROWTH CENTERS AUTHORIZING THE 2004
CAPITAL IMPROVEMENT PROGRAM FUNDS DESIGNATED
FOR ENHANCED FACILITIES AGREEMENTS AND URBAN
DEVELOPMENT TO BE USED TO FUND PLANNING,
ANALYSIS, DESIGN AND CONSTRUCTION OF MODERN
STREETCARS, GRANT FUNDED PROJECTS, OR NON-GRANT
FUNDED PROJECTS IN OR BENEFITING URBAN VILLAGES
OR MIXED-USE GROWTH CENTERS PROVIDING THAT THIS
ORDINANCE IS CUMULATIVE PROVIDING A SEVERABILITY
CLAUSE, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS on February 7 2004 the citizens of the City of Fort Worth
approved the 2004 Capital Improvement Program, and
WHEREAS the 2004 Capital Improvement Program includes $8 670 000 00
authorized for use as City matches for federal or state grants for urban redevelopment or
streetscape projects or for enhanced community facilities agreements on a case-by-case
basis (collectively the `ECFA and Urban Development Funds Project"),
$2,000 000 00 of which was allocated as urban development funds (the `Urban
Development Funds") and the remainder of which was allocated for Enhanced
Community Facilities Agreements, and
WHEREAS at the time of the 2004 Capital Improvement Program, the language
of the proposition regarding use of the Urban Development Funds under the ECFA and
Urban Development Funds Project was narrowly developed m anticipation of federal or
state grant funds awarded for redevelopment or streetscape projects requiring City
matching funds
WHEREAS the anticipated federal or state grant funds for redevelopment or
streetscape projects to be matched did not materialize as expected due to the Texas
Department of Transportations call for projects under the Statewide Transportation
Enhancement Program being terminated subsequent to passage of the 2004 Capital
Improvement Program,
WHEREAS City staff therefore recommends the allowable uses of the 2004
Capital Improvement Program funds for the Urban Development Funds under the ECFA
and Urban Development Funds Project be expanded to include planning, analysis, design,
and construction of modern streetcars, grant funded projects, or non-grant funded projects
in or benefiting urban villages or mixed-use growth centers, which uses are consistent
with the proposition approved by the voters at the February 7 2004 election and
WHEREAS, the actions taken pursuant to this Ordinance are consistent with the
rights reserved to the City Council with respect to the abandonment of or material
changes in projects comprising the 2004 Capital Improvement Program,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH
SECTION 1
The City Council hereby finds that conditions have materially changed so that it
is desirable for the scope of uses for the Urban Development Funds under the ECFA and
Urban Development Funds Project, as outlined in the 2004 Capital Improvement
Program, be expanded to include planning, analysis, design, and construction of modern
streetcars, grant funded projects, or non-grant funded projects m or benefiting urban
villages or mixed use growth centers.
SECTION 2.
The City Council hereby authorizes the use of Urban Development Funds under
the ECFA and Urban Development Funds Project for the funding of planning, analysis,
design, and construction of modern streetcars, grant funded projects, or non-grant funded
projects in or benefiting urban villages or mixed-use growth centers.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions
of this ordinance are m direct conflict with the provisions of such ordinances and such
Code, in which event conflicting provisions of such ordinances and such Code are hereby
repealed.
SECTION 4
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the
City Council without the incorporation m this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section
SECTION 5.
This ordinance shall be m full force and effect upon adoption.
APPROVED AS TO FORM AND LEGALITY
Assistant Crty Attorn
Date• y-/,S - v 9
Adopted. April 14, 2009
Effective: Annl 14, 2009
City of Fort Worth, Texas
Mayor and Council Communication
c
COUNCIL ACTION: Approved on, 4/14/2009 -Ord. No[ 18550-04-2009
- ~ ~~ ..
DATE Tuesday April 14 2009 REFERENCE NO G 16536
LOG NAME 06URBAN DEVELOPMENT BOND FINDING
SUBJECT
Adopt Ordinance Expanding the Allowed Uses of Approximately $1 3 Million in 2004 Capital Improvement
Program Funds for Urban Development to Include the Proposed Modern Streetcar System and Non-Grant
Urban Village Projects
RECOMMENDATION
It is recommended that the City Council adopt an ordinance finding that conditions have materially
changed and expanding the allowed uses of approximately $1 3 million in 2004 Capital Improvement
Program Funds for urban development to include the proposed modern streetcar system and non-grant
urban village projects
DISCUSSION
The 2004 Capital Improvement Program (CIP) allocates $8 670 000 00 for the Enhanced Community
Facilities Agreements and Urban Development Funds Project (Project) Of that amount, $2 000 000 00
was allocated for urban development (Urban Development Funds) At the time it was anticipated that the
Urban Development Funds would be used as City matching funds to leverage federal and state grants for
redevelopment and streetscape projects in urban villages especially under the Statewide Transportation
Enhancement Program (STEP) References to this particular use were included in the CIP proposition for
the Project. In 2006 the Texas Department of Transportation (TxDOT) terminated the call for STEP
projects In place of the cancelled STEP funds, the City has secured a few federal grants with
approximately $700 000 00 in Urban Development Funds but other anticipated funding programs have
either required a private match or been cancelled
As a result, City staff recommends that the allowed uses of the Urban Development Funds be broadened
to facilitate the completion of projects within or benefiting urban villages or mixed-use growth centers that
are consistent with the intent of the 2004 CIP Staff has identified several uses for the remaining
$1 300 000 00 in Urban Development Funds that are consistent with the goal of supporting public right-of
way and transportation improvements in or benefiting urban villages or mixed-use growth centers
Modern Streetcar In December 2008 the Modern Streetcar Study Committee recommended next
steps for implementation of a modern streetcar system to the City Council which would connect
Downtown with up to six urban villages One of the first steps is to hire a consultant to prepare the
schematic design and to conduct an economic impact analysis Staff anticipates receiving $1 6
million in either Regional Toll Revenue funds or federal funds from the North Central Texas Council
of Governments Staff also anticipates that the Fort Worth Transportation Authority will match the
City's portion of the required local match ($0 4 million), for a total of $2 0 million for this initial work.
Since the Urban Development Funds would not be used as a local match to a federal or state grant,
and the project would include Downtown and adjacent mixed-use growth centers, City staff
recommends that the City Council adopt the attached ordinance to among other things make a
supplemental finding that this proposed use of Urban Development Funds is desirable and
Logname 06URBAN DEVELOPMENT BOND FINDING Page 1 of 2
consistent with the CIP proposition approved by the voters for the Project.
Non-Grant Projects in Urban Villages or Mixed-Use Growth Centers Given the high cost to
reconstruct streets staff is anticipating the need for additional funds for pedestrian improvements in
urban villages and mixed-use growth centers Also staff is proposing that lane reconfigurations and
crosswalks be used as a low-cost alternative to create streets that are more amenable to pedestrian
and bicycle traffic. These alternatives would help implement the urban village master plans by
providing safer pedestrian crossings on-street parking bicycle lanes and/or reduced lane widths
that in turn reduce traffic speeds and by setting up the preferred street cross-section for new infill
development and for future capital improvements. The Southside/Medical District TIF Board for
example recently approved funding for the design of such a lane reconfiguration and crosswalk
along Hemphill Street, a portion of which would be located outside the Magnolia Urban Village but
within amixed-use growth center Since the Urban Development Funds would not be used as a
local match to a federal or state grant and may not be within an urban village City staff
recommends that the City Council adopt the attached ordinance to among other things make a
supplemental finding that this proposed use of Urban Development Funds is desirable and
consistent with the CIP proposition approved by the voters for the Project.
Existing Urban Village Projects The City has secured federal funds for the design and construction
of pedestrian and streetscape improvements in various urban villages Since many of the grant
amounts are small staff is proposing that Urban Development Funds be used to help cover City
construction inspection charges and contingencies These funds would be used to meet local
matching obligations under federal grants no supplemental findings of the City Council are required
The project, as authorized by the 2004 CIP is applicable CITYWIDE
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that this action will have no material effect on City
funds
FUND CENTERS
TO Fund/Account/Centers
FROM Fund/Account/Centers
CERTIFICATIONS
Submitted for City Manager's Office bv•
Originating Department Head
Fernando Costa (6122)
Susan Alanis (8180)
Additional Information Contact:
David Gaspers (8183)
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