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HomeMy WebLinkAboutOrdinance 15888t ORDINANCE NO ~ ~ ~~~ AN ORDINANCE FINDING THAT CONDITIONS HAVE MATERIALLY CHANGED SO THAT THE RECONSTRUCTION OF SYLVANIA AVENUE FROM RIVERSIDE DRIVE TO 500 FEET NORTH AS INCLUDED IN THE 1998 CAPITAL IMPROVEMENT PROGRAM IS NO LONGER NECESSARY AND UNWISE, AUTHORIZING THE TRANSFER OF 1998 CAPITAL IlVIPROVEMENT PROGRAM FUNDS DESIGNATED FOR SYLVANIA AVENUE TO THE RECONSTRUCTION OF CANBERRA COURT FROM THANNISCH AVENUE TO BERRY HILL STREET PROVIDING THAT THIS ORDINANCE IS CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 7 1998, the citizens of the city of Fort Worth approved the 1998 Capital Improvement Program, and WHEREAS, the 1998 Capital Improvement Program included funds for the reconstruction of Sylvama Avenue from Riverside Drive to 500 feet north, and WHEREAS, Fort Worth staff has reevaluated Sylvania Avenue and has determined that the pavement is structurally sound with only surface failures and does not require reconstruction, and WHEREAS, staff recommends using the 1998 Capital Improvement Program funds that were designated for the reconstruction of Sylvama Avenue be used on the reconstruction of Canberra Court between Thanmsch Avenue and Berry Hill Street. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH. SECTION 1 That the City Council finds that conditions have materially changed so that the reconstruction of Sylvania Avenue from Riverside Dnve to 500 feet north as included in the 1998 Capital Improvement Program is no longer necessary and unwise. SECTION 2 Therefore, the City Council authorizes the transfer of 1998 Capital Improvement Program funds designated for Sylvama Avenue to the reconstruction of Canberra Courts from Thannisch Avenue to Berry Hill Street. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances. and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance aze in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code aze hereby repealed. SECTION 4. It is hereby declared to be the intention of the City Council that the sections, pazagraphs, sentences, clauses and phrases of this ordinance aze severable, and, if any phrase, clause, sentence, pazagraph or section of this ordinance shall be declazed unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, pazagraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. This ordinance shall be in full force and effect upon adoption. AS TO FORM AND LEGALITY TTORNEY DATE. v e~C'o~ ~i'~~~ ADOPTED• ~ ~~= ~~- EFFECTIVE. ~ ~-~ ~~- City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 2/24/2004 Ordinance No 15888 DATE Tuesday February 24 2004 LOG NAME 20SYLVANIA REFERENCE NO G-14275 SUBJECT Adoption of an Ordinance Deleting the Street Reconstruction of Sylvania Avenue from the 1998 Capital Improvement Program and Establishing Reconstruction of Canberra Court from Thannisch Avenue to Berry Hill Street RECOMMENDATION It is recommended that the City Council: a) Adopt the attached ordinance finding that a material change has occurred such that the 1998 Capital Improvement Program street reconstruction project on Sylvania Avenue from Riverside Drive to 500 feet north is no longer necessary• and b) Authorize transfer of these funds for the reconstruction of Canberra Court from Thannisch Avenue to Berry Hill Street. Staff recommends utilizing the savings from the deletion of this project for the reconstruction of Canberra Court from Thannisch Avenue to Berry Hill Street in Council District 8 from the following sources $188 000 Proposed Deletion of Sylvania Avenue from 1998 Capital Improvement Program $244 000 Council District 8 Undesignated Funds $ 66 000 Community Development Block Grant Funds $498 000 Total DISCUSSION In the 1998 Capital Improvement Program s Statement of Commitment, the City Council shall have the right to abandon or modify a project if in the City Council's opinion conditions materially change so that the project as originally proposed is unwise or unnecessary In that event, the City Council may direct that the bond proceeds be expended for other projects within the voted purposes of the bonds Partial reconstruction of Sylvania Avenue from Riverside Drive to 500 feet north was included in the 1998 Capital Improvement Program with funds in the amount of $188 000 After staff reevaluation it was determined that the pavement is structurally sound with only surface failures. Therefore this project has been found to be unwise or unessesary due to a material scope change as the pavement on Sylvania Avenue from Riverside Drive to 500 feet north can be restored with a resurfacing treatment rather than reconstruction FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds. Logname• 20SYLVANIA Page 1 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by Marc Ott. (8476) Originating Department Head Robert Goode (7804) Additional Information Contact: Robert Goode (7804) Logname 20SYLVANIA Page 2 of 2