HomeMy WebLinkAboutOrdinance 16429-05-2005Ordinance No _~ ~`-~a-9-~S -aQpS~~
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE SOLID WASTE CAPITAL IMPROVEMENTS FUND
IN THE AMOUNT OF $194132.27 FROM AVAILABLE FUNDS FOR THE
PURPOSE OF FUNDING 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 estimated receipts and
appropriations in the Solid Waste Capital Improvements Fund in the amount of $194 132.27 from
available funds, for the purpose of funding 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conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed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
~2 n
Assistant Ci Attorney
ADOPTED AND EFFECTIVE. '" ~ ~ O 1 V J~
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 5/10/2005 Ord #16428-05-2005 8~ 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 $194 132.27 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,
{nc. 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 Top Riding Club Inc;
6 Approve the assignment of an earnest money contract for the purchase of approximately 3 055 acres of
{and 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 n.,nmm~• 17T ~ATTIFTT T ACCTl1 n° ~r
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 earnest 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 8~ 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 FundlAccountlCenters
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
T ,...,,.,,„0 17T A1~TTl~'TT T n CQT(: p~rtP 7 ,,.fZ
PE64 539120 05250p1 $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 D~artment Head. David Yett (7600)
Additional Information Contact: Christa Perez (8984)
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