HomeMy WebLinkAboutOrdinance 21801-07-2015 Ordinance No. 21801-07-2015
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE GRANTS FUND IN THE AMOUNT OF $712,047.00, FROM AVAILABLE FUNDS,
FOR THE PURPOSE OF CONSTRUCTION OF THE LIVE OAK CONNECTOR IN
CONJUNCTION WITH THE TOWER 55 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 Fund in the amount of$712,047.00, from available funds, for the purpose of construction of the live
oak connector in conjunction with the Tower 55 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said prior ordinances and appropriations are hereby expressly repealed.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
W
Assistant-Ci Attorney, Doug Black Mary J. r
ADOPTED AND EFFECTIVE: July 21, 2015
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: on 7/21/2015 Resolution No. 4490-07-2015 & Ordinance No.
21$01-07-2015
DATE: Tuesday„ July 21, 2015 REFERENCE NO.: C-27363
LOG NAME: 20LIVE OAK CONNECTOR IMPROVEMENTS AGREEMENT
SUBJECT:
Adopt Resolution Authorizing Execution of Amendment No. 2 to Terminate the Peach Street Area Railroad
Safety Project Local Project Advance Fur'ding Agreement, as Amended and Authorizing Execution of the
Replacement Live Oak Connector Local Project Advance Funding Agreement with the Texas Department
of Transportation in the Amount of$3,540,561.00 Which Includes $663,602.00 of it Matching Funds,
Provide for Additional City Funding in the Amount of$800,990.00 for a Total Project Amount of
$4,341,551.00 o Construct the Live a Connector in Conjunction with the Tower 55 Project and
Subsequently Close Peach Street and East 1 st Street at the Union Pacific Railroad Crossing and Adopt
Appropriation Ordinance (COUNCIL DISTRICT 6)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached Resolution authorizing the execution of Amendment No. 2 to terminate the Peach
Street area Railroad Safety Project Local Project Advance Funding Agreement, as amended, (M&C
21910, City Secretary Contract Nos. 35265 and 35256-A1) and authorizing the execution of replacement
Local Project Advanced Funding Agreement with the Texas Department of Transportation in amount
of$3,540„561.00 to which includes an additional $516,114.00 of City Matching Funds to be added to
existing pledged city matching funds in the amount of$347,488.00 to construct the Live Connector”
. Authorize the transfer of$445,261.52 from 1998 CIP Street Improvements Fund; and $95,652.43
from h C.O. Street Improvements Fund; for a total transfer amount of 1„ to the Grants
Fund for the additional local match and which amount includes additional city funding ,000.00 due
the elimination of the BNSF donation.
3. Authorize the acceptance of additional $35,918.00 of Federal funding for the replacement A;
4. Authorize the acceptance of of Texas Department of Transportation (TXDOT) funding for
the replacement L "
5, Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the
amount of$737,047.00 decrease estimated receipts and appropriations in the amount of$25„000.00
as a result of elimination of Burlington Northern Santa Fe Railway's donation for a total appropriation of
$712,047.00 in the Grants Fund; and
6. Authorize a payment to Texas Department of Transportation in the amount of .0 for Texas
Department of Transportation costs, in accordance with the replacement Live Oak Connector Local
Project Advanced Funding Agreement.
9: ogn c: 20IJI'JE CAA (:,ON.NE(:ry't'C:)R.IMPROVEMENTS AGREI;I4 EN'1” fags 1 of
As part of the overall Tower 55 Railroad Project, numerous street and railroad grade crossing
improvements have been programed for the area to enhance access and mobility for adjacent land uses.
As part of these overall railroad track improvements, the railroad street grade crossings at Peach and East
First Streets with the Union Pacific Railroad track are scheduled for closure. To replace these crossings
and maintain area mobility Live Oak Street is scheduled for realignment and will be connected directly into
East 4th Street which provides a grade separated route across the Union Pacific Railroad tracks. The
Live Oak Connector project was initially scoped and defined in 2006. Mayor and Council Communication
C-21910, which authorized the original Peach Street Railroad Safety Project Local Advanced Funding
Agreement (LPAFA), contained certain outside funding and expectations is have since changed over
time. Therefore, termination of the original LPAFA has been recommended by TXIDOT with which staff
agrees.
The replacement Live Oak Connector LPAFA will reallocate and adjust external funding contributions and
reassign some funding previously programmed for construction to the acquisition of right-of-way. Funding
from the of Peach Street Area LPAFA is preserved and will be incorporated into the new LPAFA along
with additional Federal, State and Local monies., The previous Appropriation Ordinance No. 17334-12-
2006 remains valid; however, the $25,000.00 donation from Burlington Northern Santa Fe Railway will no
longer be provided but the $50,000.00 contribution from the Union Pacific Railroad for closing the at-grade
crossings at Peach Street and East First Street remains a part of the project funding. The additional city
funding identified as Independent City Costs in the amount of$880,990.00 will be funded from the Critical
Project Improvements Funds ($254,980.51); the Street Lights and Signals Improvements Fund
($146,197.49),, and the Street Improvements 2008 Fund ($399,812.00).
The following tables summarize the project funding for the of and new LPAFAs as well as a breakdown of
projected project costs.
..............
Project Old Peach Street Area Additional Funds
Funding Replacement Live Oak LPAFA (as amended) (to be Needed for New
Connector LPAFA terminated) LPAFA
--$35,---------------.........................
ed 026.00ds ........................
$2 $2,481,
516,944.00
Fin
State.... ................. ......
$160,015.00 KOO 60,015.00
.. .................. .......
$863,602.00 $347,488..00 516,114.00
Costs .. .... ............................... ------------ .... ................................................. . ........
Tota $3,540,561-00 $2,828,514.00 $71 2 047 0 0
L'PA'OA ......
..................................
Project Costs:
New Live
Oak Independent
Connector City Cost
LPAFA
Fed S Local otal Cost
Engineering...... .. . .._-360,000«0.0.....$ $ 40,000.00 $ 63,421..00 $463,421.00
& Env.,
...........
$16 $1,602,000.00
.0 0 $
�Right-of-Way �$"l 4"35,235"
. ........... � -.6 F�_ - _� _- , .- 1
Construction'' ' " ��$ 648,429.00 $ $6 570 854.00 $1,873,154.00
.. ...........................�'_ 11-111-11111'' " 7""'"',................... ......
Logilam.e: 20LJVE OAK CONNECTOR IMPROVEMEN'rS AGREEA41E,NT Page 2 of 4
.. .................
Direct/indirect $ 73,230.00 $16 ,015. $169,731.00 $402,976.00
Cost
........ ...... .............
Total Cost $2,516,944.00 $160,015.00 $863,602.00 $806,990-00 $4,341,551.00
Local Funding Elements-
Local Match Previously Local & Total Local & City
Funding Approved Local Independent City
Source Funding Funding Funding
2004 Bond $198,704.00 $146,197.49 $344,901.49
Funds
�City $36,284. 0 $mo"
I' .. ' - " '
�
00 �$$36,208040.Duncanville
..... ....... ..... ....-, , - 1 — .000 0 0
..........
TXDOT $37,5 .00 $0. 37,500.0
unionPacific " ------- -
U R $50, $50,
... ........
$0.00
BNSF RR* $25,000.00
.. . . ................ $-25,0 6 6.60'
$350,832.99 $350832.99
F2ff6'-C--."'0., §aJe-' �$"'O".'60........ .. ................ ...... ................. ...p_
.................... -- ............................
1998 Bond $0.00 $445,261--�-5-2.................F$445,261.52
Funds
.......
_.......m.._. . ............................................
12008 and
$0,.00 $399,81Z00 $399,812.00
'!Funds
............................................... ...........................—-------- ......... ..................................... --—----------. .......
�—Total.......... ----------- -----------
*347,488.00 $1,317,104.00 $1,664,592.00"
BNSF Funds are no longer available.
Includes Staff funding and contingencies.
LPAFA History.
Once the attached Resolution is passed and Amendment No. 2 is executed, the original Peach Street
Railroad Safety Project LPAFA from 2006, as amended, will be terminated. The Resolution also
authorizes the City to enter into the new funding Agreement between TXDOT and the City of Fort Worth
for the Live Oak Connector LPAFA and the eventual closure of each Street and East First Street.
The City of Fort Worth will manage engineering and construction of this project. Construction is scheduled
to begin in the Spring of 2016, with a 12 month duration. Upon completion of the new Live Oak access
connection, the City Council will be asked to formally close Peach Street and East First Streets at their
respective Union Pacific Railroad crossings.
This project is located in COUNCIL DISTRICT 8, Mapsco 63X.
ROVED
DESCRIPTION-, - ` W&—C
...... .....
City Secretary No. 35258, Local Project ""904-",2-760,0-,O-,"C"-2"1 9,10 ........... December Mm
Advance u nding Agreement with the 1 , 2006
Texas Department of Transportation
and a Railroad Crossing Closure
Agreement with TXDOT and Union
Pacific Railroad for the Peach Street
Logname: 20LIVE OAK CONNECTOR IMPROVEMENTS AGREEME,NT Page 3 of 4
Area Railroad Safety WImprovement
City Secretary o. 3-"5,",2-5-'8',
5258-A1„ .. 2, 9 14""".'
,00*None/Administrative my ,
menment Local Project 007
Advance Funding Agreement with the
Texas Department of Transportation to
Adjust Funding (*Reduction due to State
direct costs having been deleted from
he original mmAgreement) . .�.......
...
City Secretary . 35258-A2, Tending
Amendment to Terminate the Local
Project Advance Funding Agreement
with the Texas Department of
Transportation n a Railroad Crossing
Closure Agreement with TXDOT and
Union Pacific Railroad for the Peach
Street Area Railroad Safety
Improvement
Replacement Local Project Advanced $3,540,561.00 Pending
Funding Agreement with the Texas
Department of Transportation to
construct the Live Oak Connector and
subsequently close Peach Street and
East 1 st Street at Union Pacific Railroad
crossing
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of attached appropriation ordinance, funs will be available in the current capital budget,
as appropriated, of the Grants Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
2&5) GR76 472115 020302157000 144L261.,52 aGR76 5XXXXX 020302157 3 540,561.00
2&5) GR'76 472116 020302157000 x95,652.48 2) C115 530070 020115040634 x,5.261.52
33&a_gR�76_ 4XMXX 020302157000 35 916.,OQ 2) C116 53ffi070 020116035569 $95,352.43
4&5 GR76 4XXXXX 020302157000 $-x_60,015 000 6) GR76 541200 020302157330 J5_2068.00
5) GR76 541200 020302157000 712 041LQQ
5) GR76 451995 020302157000 L$25&20.00
CERTIFICATIONS:
Submitted for City Mana er®s Office b Fernando Costa ( 122)
Originating De artment Head® Douglas W. Wiersig (7 1)
Additional Information Contact: Roy Teal (7958)
I.og e: 20LIVf°, OAK CONNECTOR IMPROVEMENTS .A(IT7EEME.N T° Page 4 of