HomeMy WebLinkAboutOrdinance 18967-12-2009Ordinance No. 18961-12-2009
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE MUNICIPAL AIRPORTS FUND IN THE AMOUNT OF $36,535.00, FROM
AVAILABLE FUNDS FOR THE COMMISSIONER'S AWARD AND COURT COSTS
ASSOCIATED WITH THE CONDEMNATION OF PROPERTY AS WELL AS APPRAISAL
COSTS FOR THE MEACHAM NOISE MITIGATION PROGRAM; PROVIDING FOR A
SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES AND REPEALING ALL 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 2009-2010 and
in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the
Municipal Airports Fund in the amount of $36,535.04 from available funds for the Commissioner's award,
and court costs associated with the condemnation of property located at 3402 Columbus Avenue on the
west side of Fort Worth Meacham International Airport as well as appraisal costs for the Meacham Noise
Mitigation Program.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void
for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way
impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining
provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No.18809 and all other ordinances and appropriations
amending the same except in those instances where the provisions of this ordinance are in direct conflict
with such other ordinances and appropriations, in which instance said conflicting provisions of said prior
ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
~~ ~ ~~=~
Assistant City Attorney
ADOPTED AND EFFECTIVE: December 15 2009
City of Fort Worth, Texas
Mayor and Council Communication
~;b~`~ ~ v \':~~~\"~"rx'~c`.`~, ~ \~:~c\c "~,~ ~ \ ~,. s>, , \~a\\~`\`~~o-„ ,~ . ~k\~E~~c.:~.. •.,k,,~: dS~;~:~C~$~~:~t, , ~•\a: m.. »'~ .., ;tt........ ~,`,; ~ .s:: ~,~,:;.~i4sciw,`g?.\a\~ vet\w,~ 1~ fir. "k~~,'~::,\ ~:t~^~b1,~'s~
COUNCIL:. AC~'IC~N: Approved on 12~151~~~9 ~ Ord.~~~ 18~fifi-1~-049 ~ 189fi?~1~~~~~~
~~`[\~3~:.~~;\''~V~+\n4~~1~EE~,Ei4,?~.,:.\~~`.\\\\`.\\~,~\.`k~~i4~;~YF?,~;~\,'iooo~\'„~ ,.. \ ~~1~`,v~1. , ,rt'~u .v~ ~: ~ ~ ~,;~,.
~en~`~\`~1~~ ~ ~ ,''~\\k,~~°`~;", x `.~~~sr,3~~~~,a k,:. ,.v:~:;v .oe~c.~~ R ~~E ~ ;,s . `. .r rix ai; ~ ~~~.: ~' '>~.
DATE: Tuesday, December 15, 2009
LOG NAME: 55MEACHAM NOISE PROP
SUBJECT:
REFERENCE NO.: **G-16196
Authorize the Use of Gas Well Lease Revenues in the Amount of $36,535.00 for the Commissioner's
Award and Court Costs Associated with the Condemnation of Property Located at 3402 Columbus Avenue
on the West Side of Fort Worth Meacham international Airport as Well as Appraisal Costs and a
Contingency for the Noise Mitigation Program and Adopt Appropriation Ordinances
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the use of revenue derived from gas well drilling on City-owned airports in the amount of
$36,535.00 for the Commissioner's Award and court costs associated with the condemnation of property
located at 3402 Columbus Avenue on the west side of Fort Worth Meacham International Airport as well
as appraisal costs and a contingency for the Meacham Noise Mitigation Program;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Airports Gas Lease Project Fund in the amount of $36,535.00, from available funds;
3. Authorize the transfer of $36,535.00 from the Airports Gas Lease Project Fund to the Municipal
Airports Fund; and
4. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and
appropriations in the Municipal Airports Fund in the amount of $36,535.00 from available funds.
DISCUSSION:
On December 11, 2007, (M&C L-14429) City Council authorized the City Attorney to institute
condemnation proceedings to acquire the interest in 3402 Columbus Avenue. Due to the complexity of the
acquisition the grant used to acquire fee simple title or other property interests to tracts of land within the
65 LDN (Day-Night Sound Level) as identified in the Meacham Noise Compatibility Program has expired
before the condemnation proceedings occurred. The use of gas well lease revenues is necessary to
acquire the final property apart of this noise program. The Commissioner's Award was in the amount of
$14,400.00 and court cost totaled $3,435.00.
Additionally, an outside independent appraiser established fair market value on each of the properties
acquired for the purpose of noise mitigation. In accordance with the Federal Aviation Administration (FAA)
requirements, the City contracted with a review appraiser to submit written reports on the review of each
appraisal and establish the just compensation amount. $8,700.00 will be used to cover the appraisal fees
and $10,000.00 will provide for contingency should any additional unexpected expenses occur.
The land to be acquired is described as:
Logname: 55MEACHAM NOISE PROP Page I of 2
eAMAAI nl........
21238 Alfredo Salas and
Helen Jamison
A M~MAAA
3442 Columbus Avenue
The property is located in C4UNCiL DISTRICT 2, Mapsco 48UV.
Lec~alTDescri~tion
Block 4, Lot 19,
Worth Hills Addition,
Fort Worth,
Tarrant County, Texas
FISCAL INF~RMATI~N I GERTIFICATIaN:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached supplemental appropriation ordinance, funds will be available in the current
operating budget, as appropriated, of the Municipal Airports Fund.
FUND CENTERS;
T4 FundlAccountlCenters
PE40 5391ZO 0551101
PE44 416240 0551101
P240 538040 551929990100
P240 446100 551929990100
CERTIFICATIONS:
FRAM FundlAccountlCenters
36 535.00 P240 538040 551929990100
Submitted for City Manaaer's office bv:
4ri inatin De artment Head:
Additional Information Contact:
36 535.00 PE40 539120 0551101
36 535.04
36 535.00
Fernando Costa (6122)
Kent Penney (5403)
Aya Ealy (5406)
$36,535.00
$36,535.00
Logname: SSMEACHAM NOISE PRnP Page 2 of 2