HomeMy WebLinkAboutOrdinance 16892-04-2006Ordinance No.16892-04-2006
AN ORDINANCE INCREASING APPROPRIATIONS IN THE CULTURE AND
TOURISM FUND IN THE AMOUNT OF $1,571,233 AND DECREASING THE
UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT
FOR THE PURPOSE OF TRANSFERRING SAID FUNDS TO THE SPECIALLY
FUNDED CAPITAL PROJECTS FUND FOR THREE DISCRETIONARY
SERVICES AGREEMENTS WITH TXU ELECTRIC DELIVERY COMPANY FOR
THE RELOCATION OF EXISTING TXU 'FACILITIES LOCATED ON 12"i
STREET 14TM STREET THROCKMORTON STREET AND HOUSTON STREET
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 2005-
2006 in the Budget of the City Manager there shall also be increased appropriations in the Culture
and Tourism Fund in the amount of $1,571,233 and decreasing the unreserved, undesignated fund
balance by the same amount, for the purpose of transferring said funds to the Specially Funded
Capital Projects Fund for three Discretionary Services Agreements with TXU Electric Delivery
Company for the relocation of existing TXU facilities located 12`" Street, 14"' Street,
Throckmorton Street, and Houston Street.
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, ch decision, opinion or
judgment shall 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 rdinance shall be cumulative of Ordinance No. 16582 and all other rdinances nd
appropriations amending the ame xcept in those instances where the provisions of this ordinance
are in direct conflict with such other rdinances nd appropriations, which instance said
nflicting provisions of said prior rdinances nd appropriations re hereby xpressly repealed
SECTION 4
This ordinance shall take effect upon adoption.
APP OV D AS T RM GALITY
A sta ity A omey
ADOPTED AND EFFECTIVE. April 11, 2006
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 4/11/2006 Ordinance No 16892-04-2006 8~ 16893-04-2006
P
DATE Tuesday April 11 2006
LOG NAME 303012TH-TEDC2 REFERENCE NO C-21400
SUBJECT
Adopt Appropriation Ordinances and Authorize Payment Under Protest to and Execution of
Discretionary Service Agreements with TXU Electric Delivery Company for the Relocation of
Existing TXU Facilities Located on 12th Street, 14th Street, Throckmorton Street and Houston Street
(City Project No 00136)
RECOMMENDATION
It is recommended that the City Council
1 Adopt the attached appropriation ordinance increasing appropriations in the Culture and Tourism Fund by
$1 571,233 00 and decreasing the unreserved undesignated fund balance by the same amount;
2. Authorize the transfer of $1 571 233 00 from the Culture and Tourism Fund to the Specially Funded
Capital Projects Fund
3 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Specially Funded Capital Projects Fund in the amount of $1 571,233 00 from available funds and
4 Authorize the City Manager to execute three Discretionary Services Agreements with TXU Electric
Delivery Company (TXU) under which the City will make payments under protest totaling $1 571,233 00 for
the relocation and/or upgrade of existing TXU facilities located on 12th Street, 14th Street, Throckmorton
Street and Houston Street.
DISCUSSION
In order to construct the City's new parking garage and the Omni Hotel west of the Fort Worth Convention
Center it is necessary to relocate all private utility service conflicts located on 12th and 14th Streets
(Throckmorton Street to Houston Street) and Throckmorton and Houston Streets (11th Street to 14th
Street)
In order to eliminate these conflicts, TXU's facilities must be relocated TXU has requested that the City
execute three Discretionary Service Agreements and pay a total of $1 571,233 00 for the relocation of its
facilities at the following locations.
1 Electric Facility relocation north of Throckmorton and 14th Streets due to conflict with proposed storm
drain sewer ($269 645 00)
2. Upgrade of Electric Facilities at 12th and 14th Streets due to the pending abandonment of 13th
Street. ($992 376 00)
3 Electric Facility relocation on Houston Street, north of 14th Street due to proposed storm drain sewer
Logname 303012TH TEDC2 Page 1 of 2
conflict. ($309,212 00)
The City Attorney's Office has advised staff that TXU may be responsible for some or all costs related to the
relocation and/or upgrade of TXU facilities located in City right-of-way However in order to avoid a lengthy
delay in the construction of the hotel and City garage staff recommends that the City pay the amount
requested by TXU Staff will inform TXU that the payment will be made under protest and without waiver of
any rights the City has to seek reimbursement of the $1 571,233 00
The project is located in COUNCIL DISTRICT 9 Mapsco 77A.
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinances, funds will be available in the current capital budget, as appropriated of
the Specially Funded Capital Projects Fund The unreserved designated fund balance of the Culture and
Tourism Fund will be $12 654 074 after this appropriation
TO Fund/Account/Centers
1)GG04 538070 0240400 $1,571,233.00
2 &3)C291 472004 3092400136 $1,571.233.00
3)C291 539120 30924001367 $1.571,233.00
FROM Fund/Account/Centers
2)GG04 538070 0240400 $1,571,233.00
4)C291 539120 3092400136 $1,571.233.00
Submitted for City Manager's Office b~ Marc Ott (8476)
Originating Department Head Douglas Rademaker (6157)
Additional Information Contact: Douglas Rademaker (6157)
Logname• 303012TH TEDC2
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