HomeMy WebLinkAboutOrdinance 17465-04-2007Ordinance No 17465-04-2007
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE CRITICAL CAPITAL PROJECTS FUND IN THE
AMOUNT OF $118 000 FROM A SPECIAL ASSESSMENTS FUND TRANSFER,
FOR THE PURPOSE OF FUNDING THE SETTLEMENT OF CLAIMS IN THE
CONDEMNATION LAWSUIT CITY OF FORT WORTH V CLEOPATRA
INVESTMENTS LTD IN THE COUNTY COURT AT LAW NO 1 OF TARRANT
COUNTY CAUSE NO 2005-030005-1 PROVIDING FOR A SEVERABILITY
CLAUSE, MAKING THIS ORDINANCE CUMULATIVE OF PRIOR 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 2006-
2007 in the Budget of the City Manager there shall also be increased estimated receipts and
appropriations in the Critical Capital Projects Fund in the amount of $118 000 from a Special
Assessments Fund transfer for the purpose of funding the settlement of claims in the condemnation
lawsuit, City of Fort Worth v Cleopatra Investments, Ltd. in the County Court at Law No 1 of
Tarrant County Cause No. 2005-030005-1
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 No 17142 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conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 FO AND L G LI
M~ I
Assistant City Attorney
ADOPTED AND EFFECTIVE. _ April 3. 2007
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 4/3/2007 Ordinance No 17464-04-2007 & 17465-04-2007
DATE Tuesday April 03 2007
LOG NAME 20CLEOPATRA
REFERENCE NO *G-15659
SUBJECT
Settlement of Claims of Cleopatra Investments Ltd in the Condemnation Lawsuit, City of Fort
Worth v Cleopatra Investments Ltd in the County Court at Law No 1 of Tarrant County Cause
No 2005-030005-1 and Adopt Appropriation Ordinances
RECOMMENDATION
It is recommended that the City Council
Approve the proposed settlement of the claims of Cleopatra Investments Ltd in this lawsuit;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Special Assessments Fund in the amount of $118 000 from available funds,
3 Authorize the transfer of $118 000 from the Special Assessments Fund to the Critical Capital Projects
Fund
4 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Critical Capital Projects Fund by $118 000 from available funds,
5 Authorize the additional payment $118 000 to Cleopatra Investments, Ltd and its attorney
Strasburger & Price L.L.P upon Cleopatra s presentment of an agreed motion to dismiss its objections to
the award of special commissioners in the lawsuit; and
6 Authorize the appropriate City representative to execute the documents necessary to complete the
settlement.
DISCUSSION
The property is needed for the redesign and reconstruction of West Lancaster Avenue. The City brought
condemnation proceedings (M&C G 14697) after the City and Cleopatra failed to agree on fair
compensation for the taking of a portion of the Cleopatra property located on the south side of West
Lancaster Avenue between Lamar Street and Jennings Avenue The City's appraiser valued the damages
to Cleopatra s property at $82 000 00 Cleopatra valued the damages at $268 000 00-appraisal damages
at $193 000 00 and engineering cost of curing alleged drainage and access damages at $75 000 00 The
special commissioners assessed the damages to the property and awarded Cleopatra
$82 000 00 Thereafter the City deposited the award of the commissioners with the court and proceeded
with the work. Cleopatra filed objections to the award and appealed to County Court the City's taking of the
property
After unsuccessful pre-trial negotiations the parties agreed to submit the case to mediation At the
mediation Cleopatra agreed to settle all its claims against the City for $200 000 00 Therefore an additional
payment of $118 000 ($82 000 already awarded) is needed The Transportation and Public Works
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Department and the office of the City Attorney recommend approval of this settlement amount in view of the
potential exposure to the City and the cost of further litigation. These costs were not reflected in the original
Lancaster Corridor budget, as a result, staff recommends the use for Special Assessment funds to cover
these additional expenditures.
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that upon approval of above recommendations and adoption of the attached
appropriation ordinance funds will be available in the current capital budget, as appropriated of the Critical
Capital Projects Fund
TO Fund/Account/Centers
2) GS94 488032 020940099050 $118.000.00
283) GS94 538070 020940099050 $118,000.00
3&4) C116 472094 020116021101 $118,000.00
C116 541100 020116021101 $118.000.00
FROM Fund/Account/Centers
2) GS94 538070 020940099050
5) C116 541100 020116021101
$118.000.00
$118,000.00
Submitted for City Manager's Office b~ Marc Ott (8476)
Originating Department Head. Robert Goode (7801)
Additional Information Contact: Tom Leuschen (2442)
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