HomeMy WebLinkAboutOrdinance 15322~:~ ~_~
Ordinance No ~ ~~
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN
THE PARKS AND COMMUNITY SERVICES IMPROVEMENTS FUND IN THE AMOUNT
OF $40,000 FROM AVAILABLE FUNDS FOR THE PURPOSE OF FUNDING THE
CLOSURE OF THE RAILROAD CROSSING AT EAST FOURTH STREET AND TERRY
STREET, MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCI L OF THE CITY OF FORT WORTH, TEXAS
SECTION 1
That in addition to those amounts allocated to the various City departments for Fiscal Year 2002-2003 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations i n the
Parks and Community Services Improvements Fund in the amount of $40,000 for the purpose funding the
closure of the railroad crossing at East Fourth Street and Terry Street.
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. 15184 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ordinances and appropriations are hereby expressly repealed.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.
APP D O FORM AND LEGALITY
Assis t City Attorney
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City of Fort WoYth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
10/29/02 C-19326 80VACATE 1 of 2
SUBJECT AUTHORIZATION TO .ENTER INTO AN AGREEMENT WITH THE TEXAS DEPARTMENT
OF TRANSPORTATION AND BURLINGTON NORTHERN SANTA FE RAILROAD TO
VACATE PORTIONS OF TERRY STREET AND EAST FOURTH STREET, CLOSING
THE RAILROAD CROSSING
RECOMMENDATION
It is recommended that the City Council
1 Authorize the City Manager to enter into an agreement with the Texas Department of Transportation
(TxDOT) and Burlington Northern Santa Fe Railroad (BNSF) to close the railroad crossing on East
Fourth Street to vehicular and pedestrian traffic in which TxDOT would pay the City up to $7,500 for
the necessary improvements for the closure, and
2. Authorize the City Manager to enter into a Real Estate Donation Contract with BNSF fora 0276
acre tract on the corner of Elm Street and East Fourth Street to be donated to the City as dedicated
park land, and
3 Authorize the City Manager to accept a $32,500 donation from BNSF in consideration of the closure
of the railroad crossing to be used for the installation of a fence along 500 feet of the railroad tracks,
park design and development, and closure of the railroad crossing, and
4 Adopt the attached ordinance (Attachment A) vacating a portion of the 400 block of East Fourth
Street located in the M Baugh Survey, Abstract No 106, as recorded in Cabinet B, Slide 1270, Plat
Records, Tarrant County; Texas, and
5 Adopt the attached ordinance (Attachment B) vacating a portion of the 500 block of Terry Street,
east of Lot 2R, Block 89 of the Original Town of Fort Worth and part of the M Baugh Survey,
Abstract No 106, as recorded in. Cabinet B, Slide 1270, Plat Records, Tarrant County, Texas, and
6 Adopt the attached appropriation ordinance (Attachment C) increasing the estimated receipts and
appropriations in the Parks and Community Services Improvements Fund in the amount of $40,000
from available funds
DISCUSSION
City staff has been negotiating a contract with TxDOT and BNSF for the closure of the railroad crossing
in the 400 block of East Fourth Street to vehicular and pedestrian traffic (map of location is Attachment
D) The closure will promote safety by eliminating a railroad crossing
In order to accomplish the closure, an agreement with the following terms has been proposed
TxDOT will compensate the City in the amount of $7,500 for the necessary improvements to
complete the closure, and
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City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
10/29/02 C-19326 80VACATE 2 of 2
SUBJECT AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH THE TEXAS DEPARTMENT
OF TRANSPORTATION AND BURLINGTON NORTHERN SANTA FE RAILROAD TO
VACATE PORTIONS OF TERRY STREET AND EAST FOURTH STREET, CLOSING
THE RAILROAD CROSSING
• The City will vacate a portion of East Fourth Street and Terry Street so the railroad closure will
be permanent. The request to close a portion of the 400 block of East Fourth Street and the
500 block of Terry Street was recommended for approval by the City Plan Commission on
March 27, 2002 Reviewing City departments and utility companies have no objection to this
request. An acceptable replat, when received, will reflect any utility easements that need to be
retained to accommodate existing utilities and related facilities. Tindall Properties, Ltd (Tindall)
paid 'all survey costs required for the vacation In consideration of funds and services donated
to the City by BNSF and Tindall, the vacated right-of-way will revert to the abutting property
owners BNSF and Tindall (Attachment A and B), and
• BNSF will donate a 0277 acre tract on the east side of the tracks to the City to be dedicated as
park land, and
• BNSF will donate $32,500 to the City in consideration of the closure of the railroad crossing to
be used for the installation of a fence along 500 feet of railroad tracks, park design and
development, and closure of the railroad crossing
This property is located in COUNCIL DISTRICT 9
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that upon adoption of the attached appropriation ordinance and
completion of the above recommendations, funds will be available in the current capital budget, as
appropriated, of the Parks and Community Services Improvements Fund The Parks and Community
Services Department and the Transportation and Public Works Department will be responsible for the
collection and deposit of funds due to the City under this agreement.
JP k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
6) C188 488100 080188300110 $32,500.00
Joe Paniagua 6140 6) C188 488100 020188300110 $ 7,500.00
Originating Department Head: 6) C188 541200 080188300110. $32,500.00
6) C188 541200 020188300110 $ 7,500.00
Richard Zavala 5704 (from) APPROVED I I/05/02
ORD.#'S 15320, 15321, AND
15322
Additional Information Contact:
Cynthia Garcia 7611