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Home My WebLink AboutOrdinance 16428-05-2005Ordinance No 1~0~~-05 ~S AN ORDINANCE INCREASING APPROPRIATIONS IN THE SOLID WASTE FUND IN THE AMOUNT OF $294132.27 AND DECREASING THE UNRESERVED RETAINED EARNINGS BY THE SAME AMOUNT FOR THE PURPOSE OF TRANSFERRING SAID FUNDS TO THE SOLID WASTE CAPITAL IMPROVEMENTS FUND FOR THE SOUTHEAST LANDFILL ACCESS ROAD• 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 2004- 2005 in the Budget of the City Manager there shall also be increased appropriations in the Solid Waste Fund in the amount of $294 132.27 and decreasing the unreserved retained earnings by the same amount, for the purpose of transferring said funds to the Solid Waste Capital Improvements Fund for the Southeast Landfill Access Road 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 16061 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed SECTION 4 This ordinance shall take effect upon adoption APPROVED AS TO FORM AND LEGALITY Assistant ~ y Attorney ADOPTED AND EFFECTIVE. ~ I ~ ~ { ~~ City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 5/10/2005 Ord. #16428-05-2005 ~ 16429-05-2005 DATE Tuesday May 10 2005 LOG NAME. 12LANDFILLASSIG REFERENCE NO C-20731 SUBJECT Adopt Supplemental Appropriation Ordinance and Authorization of Assignment of Three Earnest Money Contracts and the Purchase of Certain Real Property Situated in Forest Hill, Tarrant County Texas for the Construction of a Road RECOMMENDATION It is recommended that the City Council authorize the City Manager to 1 Adopt the supplemental appropriation ordinance increasing appropriations in the Solid Waste Fund by $294 132.27 and decreasing the unreserved retained earnings by the same amount; 2. Authorize the transfer of $194 132.27 from the Solid Waste Fund to the Solid Waste Capital Improvements Fund 3 Adopt the appropriation ordinance increasing estimated receipts and appropriations in the Solid Waste Capital Improvements Fund by $194132.27 from available funds, 4 Approve the assignment of an earnest money contract for the purchase of approximately 1 33 acres of land in the City of Forest Hill, Texas, in fee and 1 33 acres of land as a slope easement and 0 67 of an acre of land as a temporary construction easement (overlapped by the slope easement). from Northeast Service, Inc. d/b/a Horton Tree Service 5 Approve the assignment of an earnest money contract for the purchase of approximately 1 81 acres of land in the City of Forest Hill, Texas in fee, 0 31 of an acre of land as a temporary construction easement; and 0 63 of an acre of land as a slope easement from Tip Tap Riding Club {nc, 6 Approve the assignment of an earnest money contract for the purchase of approximately 3.055 acres of land in the City of Forest Hill, Texas from Anglin 20 Joint Venture, c/o Ellis & Tinsley 7 Authorize the City Manager to execute all necessary documents to purchase the above referenced parcels of land for total purchase price of $188 173 59• 8 Authorize the payment of $5 958 68 to Michael Ball as commission for Trustee services rendered pursuant to the Trust Agreement with the City• 9. Authorize the escrow of $100 000 00 for future attorney's fees and permit fees which may be incurred on behalf of Northeast Service Inc. d/b/a Horton Tree Service which may be necessary to acquire future state or federal permits to continue operation of Northeast Service Inc. d/b/a Horton Tree Service until April 18 2025 and 10 Authorize the City Manager to execute a letter to Northeast Service, Inc. d/b/a Horton Tree Service, to be delivered at the time of closing on the earnest money contract, stating that the City does not object to T .nanamP 17T ANTIFTT T A CCTC`. Pa 1 of 2 Northeast Service, Inc. d/b/a Horton Tree Service's operation as currently practiced or to Northeast Service Inc. d/b/a Horton Tree Service's acquiring future permits required to continue their operations as are currently practiced. DISCUSSION On June 15 2004 the City entered into a Trustee Agreement with Michael Ball to act on the City's behalf in the purchase of certain real property located in the City of Forest Hill. Pursuant to the Trustee Agreement's terms and under direction of City staff Michael Ball, as Trustee entered into three separate earnest money contracts for the purchase of certain real property as described below Such contracts designate May 18 2005 as the closing date for the purchase of the land. The City wishes to acquire these parcels of property for the construction of a road to gain access to its Southeast Landfill Upon assignment of the eamest money contracts the City will purchase the following parcels of .property for the stated purchase price below 1 The City wishes to purchase approximately 1 33 acres of land in the City of Forest Hill in fee and 1 33 acres of land as a slope easement; and 0 67 of an acre of land as a temporary construction easement (overlapped by the slope easement) from Northeast Service Inc. d/b/a Horton Tree Service for the purchase price of $34 975 65 total, consisting of $23 338 15 for the fee area, and $11 637 50 for the slope easement. 2. The City wishes to purchase approximately 1 81 acres of land in the City of Forest Hill in fee 0.31 of an acre of land as a temporary construction easement; and 0 63 of an acre of land as a slope easement from Tip Top Riding Club Inc. for the total purchase price of $38 197 94 consisting of $31 600 44 for the fee area, $1 085 00 for the temporary construction easement, and $5 512.50 for the slope easement. 3 The City wishes to purchase approximately 3 055 acres of land in the City of Forest Hill from Anglin 20 Joint Venture c/o Ellis & Tinsley for the purchase price of $115 000 Under the Trustee Agreement, Michael Ball is entitled to a five percent (5%) commission based on the purchase price of the land for his services rendered as Trustee. (Mr Ball is receiving three percent (3%) of his commission from the purchase of the Anglin 20 Joint Venture property from the Seller leaving the City owing two percent (2%) The amount owed to Michael Ball by the City as commission is therefore $5 958 68 The property will be located in COUNCIL DISTRICT 8 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that, upon approval of the above recommendations and adoption of the appropriation ordinances, funds will be available in the current capital budget, as appropriated of the Solid Waste Fund and the Solid Waste Capital Improvements Fund. The unrestricted cash balance of the Solid Waste Fund will be $6 674 530 17 TO Fund/AccountlCenters PE64 538070 0525001 FROM Fund/Account/Centers $194.132.27 PE64 538070 0525001 $194.132.27 P195 472064 052195005002 $194.132.27 P195 541200 052195005002 $194.132.27 ..,,.,.,, 17T AT.TTIRTT T A CQT!': Paves 7 of "~ PE64 539120 0525001 $100.000.00 PE64 539120 0525001 $100.000.00 P195 541200 052195005002 $194.132.27 PE64 240001 0000000 $100.000.00 Submitted for City Manager's Office by: Libby Watson (6199) Originating Department Head. David Yett (7600) Additional Information Contact: Christa Perez (8984) T .nanamP 17T ANTIFTT T A CCT(; Pace ~ of ~