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HomeMy WebLinkAboutOrdinance 21758-05-2015 Ordinance No.21758-05-2015 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GRANTS CAPITAL PROJECTS FUND IN THE AMOUNT OF $12,000,000.00, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF DESIGN AND CONSTRUCTION OF THE GE TEST TRACK PROJECT; 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 in addition to those amounts allocated to the various City departments for Fiscal Year 2014-2015 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Grants Capital Projects Fund in the amount of $12,000,000.00, from available funds, for the purpose of design and construction of the GE Test Track project. 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. 21457-09-2014 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 Douglas W. Black gary J. Kay Sr.Assistant City Attorney ADOPTED AND EFFECTIVE: May 19, 2015 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: on 5/19/2015 - Ordinance No. 21755-05-2015 DATE: Tuesday, May 19, 2015 REFERENCE NO.: C-27302 LOG NAME: 02GE TEST TRACK PROJECT SUBJECT: Authorize Reimbursement Agreement with General Electric Company or a Division or Affiliate Thereof, in an Amount Not to Exceed $12,000,000.00 for the GE Test Track Project Associated with the GE Locomotive Facility in the Vicinity of the Intersection of State Highway 114 and FM 156 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Authorize a transfer in the amount of$12,000,000.00 from the Aviation Grants Fund to the Grant Capital Projects Fund; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the amount of$12,000,000.00 in the Grant Capital Projects Fund; and 3. Authorize the execution of a Reimbursement Agreement with General Electric Company or a Division or Affiliate Thereof, in an amount not to exceed $12,000,000.00 for right-of-way acquisition, design and construction for the GE Test Track Project associated with the GE Locomotive Facility. DISCUSSION: On August 19, 2009, (M&C C-23734, City Secretary Contract No. 39068) the City Council authorized the execution of a Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT) which provided $80,000,000.00 in local Regional Toll Revenue (RTR) funds to the City to support the relocation of the FM 156 and the Burlington Northern Santa Fe (BNSF) mainline track (termed the Multimodal Transportation Improvements) to support the extension of the Alliance Airport Runway. The parties contemplated a reimbursement of the majority of the $80,000,000.00 to TxDOT as future revenues became available. On January 29, 2013, (M&C C-26078, City Secretary Contract No. 44176) the City Council authorized the execution of a Interlocal Cooperation Agreement with the North Central Texas Council of Governments (NCTCOG) that provided for the process to reimburse the NCTCOG for$51,300,000.00 of the $80,000,000.00 as funds became available from future FAA grants directed to Alliance Airport in excess of funds needed to complete the runway extension work. The current scope of the LPAFA includes funding for the relocation of the BNSF mainline track and the relocation of FM 156. Since execution of that Agreement, TxDOT has let for construction the SH 114/FM 156 interchange. This project eliminates the existing at-grade railroad crossing of the existing two lane SH 114 General Electric Company (GE) planned to use to test their locomotives. In an effort to mitigate the impact of the proposed SH 114/FM 156 project, the NCTCOG, the City, GE and Denton County developed a plan to use the existing BNSF main line to be abandoned by BNSF as a part of the Alliance Runway Logname: 02GE TEST TRACK PROJECT Pagel of 2 extension project, north of SH 114 (9,500 feet) and construct 7,100 feet of new rail line for a total distance of 3.0 miles for GE's use as a test track. The NCTCOG, acting though the Regional Transportation Council, approved the use of to $12,000,000.00 of the RTR funds for the GE Test Track Project at its October 9, 2014 regular meeting. The funds associated with the improvements contemplated in this action are from excess funds held in trust by the City and would otherwise be returned to the NCTCOG at the completion of the Multimodal Transportation Project. No City funds will be expended as part of this project. This project will not be a capital asset of the City. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that upon the approval of the above recommendation and the adoption of the attached appropriation ordinance, funds will be available in the Grant Capital Projects Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers GR74 476014 020302388880 $12.000,000.00 GR14 538070 055302388000 $12.000.000.00 GR74 539900 020302388800 $12,000,000.00 GR74 539900 055302388000 $12,000,000.00 CERTIFICATIONS: Submitted for City Manager's Office by: Trikinya Johnson (8476) Originating Department Head: Fernando Costa (6122) Additional Information Contact: Bryan Beck (7909) ATTACHMENTS 1. 02GE TEST TRACK PROJECT GR74 A015R.docx (Public) 2. Available Funds Information.docx (CFW Internal) Logname: 02GE TEST TRACK PROJECT Page 2 of 2