HomeMy WebLinkAboutOrdinance 14027~~ r ~~
A
Ordinance No. ~
AN ORDINANCE APPROPRIATING $400,000 00 IN THE WATER AND SEWER OPERATING
FUND AND DECREASING THE UNRESERVED, UNDESIGNATED RETAINED EARNINGS
OF THE WATER AND SEWER FUND BY THE SAME AMOUNT FOR PURPOSE OF
ASSISTING THE CITY OF FORT WORTH ACQUIRE ADDITIONAL ACREAGE ADJACENT
TO THE FORT WORTH NATURE CENTER AND REFUGE, 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 the Fiscal Year 1999-00 and in the
Budget of the City Manager, there shall also be increased appropriation in the Water and Sewer Operating Fund in the
amount of $400,000 00; thereby decreasing the unreserved, undesignated retained earnings balance by the same amount
for the purpose of assisting the City of Fort Worth acquire additional acreage adjacent to the Fort Worth Nature Center
and Refuge.
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 impau 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. 13886 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are hereby expressly repealed.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 and be in full force and effect and after the date of its passage, and it is so ordained.
APP VE_D ASpTO FORMf/AND LEGALITY
Assistant City Attorney //
Date
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STATE OF TEXAS §
COUNTY OF TARRANT §
ASSIGNMENT OF RIGHTS UNDER EARNEST MONEY
CONTRACT TO PURCHASE REAL PROPERTY
WHEREAS, that certain Earnest Money Contract for the purchase of approximately
149.975 acres of land (the Property) out of the J Wilcox Survey, Abstract No 1719 and the J
Wilcox Survey, Abstract No 1718, Tarrant County, Texas (as more specifically described in the
attached and incorporated Exhibit A), was entered into effective September 25, 1999, by Dunhill
Properties, Ltd., a Texas limited partnership, as Seller and the Frends of the Fort Worth Nature
Center and Refuge, Inc., a Texas nonprofit. corporation, as Purchaser; and
WHEREAS, Section 14 of the Earnest Money Contract provides that Purchaser's rghts
maybe assigned, with the consent of the Seller, to a mumcipahty; and
WHEREAS, the Property is situated adjacent to the Fort Worth Nature Center and Refuge
(the Nature Center) and the City of Fort Worth, Texas (the City) desires the assignment of
Purchaser's rghts to acquire the Property m order to protect the esthetic qualities for the entrance
of the Nature Center and to insure minimal environmental impact from the existing commercial
development; and
WHEREAS, Purchaser has conducted a fund raising campaign to assist the City in the
payment of the purchase pace for the Property and payment of related costs,
NOW, THEREFORE, PURCHASER AND CITY AGREE AS FOLLOWS:
1 For value received, Purchaser, without being released from its obligations thereunder, hereby
assigns all of its rghts and obligations under the Earnest Money Contract to the City City
hereby accepts the assignment and agrees to assume and perform all duties to be performed by
the Purchaser under the Earnest Money Contract. City acknowledges that the excess of the fair
market value of the Property over the cash consideration paid for the Property as per the Earnest
Money Contract is intended by Seller to constitute a chartable contribution to Purchaser/City,
and City agrees to accept such excess value as a chartable contribution from Seller
2. Purchaser shall pay to the City, on or before the Closing Date, as specified in the Earnest
Money Contract, an amount equal to $100,000 to partially defray the Purchase Prce for the
Property, from contributions received by the Purchaser for that purpose In addition, Purchaser
shall reimburse the City m the additional amount of $150,000 of the Purchase Pnce upon
approval of a matching grant from the National Fish and Wildlife Federation, said amount
consisting of $100,000 from contributions received by Purchaser and $50,000 from the grant. In
the event that the grant is not approved, Purchaser shall pay to the City the $100,000 in
contributions and shall use its best efforts to raise the additional $50,000 from other sources and
contribute same to the City
3 This agreement was authorized by the Fort Worth City Council by its adoption of M&C
on December , 1999
EXECUTED this day of , 19
CITY OF FORT WORTH, TEXAS
BY
City Manager
FRIENDS OF THE FORT WORTH NATURE CENTER
AND REFUGE, INC. (Purchaser)
BY
William W Meadows
Chair, Nature Center Endowment Committee
CONSENT TO ASSIGNMENT:
Dunhill Properties, Ltd., Seller under the above referenced Earnest Money Contract, hereby
consents to this assignment.
DUNHILL PROPERTIES, LTD., a
Texas limited partnership
BY; AVO, LLC,
A Texas limited habihty company
Its General Partner
BY
James C Thomason,
President
EXHIBIT "A"
LEGAL DESCRIPTION
368309_l:SeptemDer 1,1999
EXHIBIT "A"
FIELD NOTES
/ ~,
Description fora 149 975 acre tract of land out of the J WILCOX SURVEY, ,,r
Abstract No 1719 and the J WILCOX SURVEY, Abstract No 1718, Tarrant 'rr
County, Texas '
COMMENCING at a 2" iron pipe for the Southeast corner of said 190 6.156 acre
tract, said pipe lying at the intersection of the existin Resterly line of Buffalo
Road with the Northea sterly line of State Highway 199 ~Jacksboro Highway),
thence N 42 ° 16'30"W , 23 66, thence N 02 ° 52'S6"W, 155 16 feet, thence
N 00 ° 57' 12"E , 162 02 feet, thence N O1 °07'46"E., 779 48 feet, thence
N 12°39'33"W , 529 36 f eet, thence N 14 °02'18"W , 87.29 feet, thence
N l2°49'21"W , 299 73 f eet, and N 10°22'21"W , 200.27 feet to a ~" iron set for
the POINT OF BEGINNING,
THENCE S.77 °09'31"W , 1210.25 feet to a ~Z" iron set in the East line of Nine
Mile Bridge. Road,
THENCE N 31 °26'17"W , continuing with the East line of said road, 672 56 feet
to a ~Z" iron set,
THENCE N.33°42'17"W , continuing with the East. line of said road. 208 28 feet p
to a }~" iron set,
THENCE N47°22'17"W, continuing with the East line of said road, 180.57 feet
to a ~" iron set,
THENCE N 48 ° O6' 17"W , continuing with the East line of said road, 262 55 feet
to a ~ iron set,
THENCE N 35°06'17"W, continuing with the East line. of said road, 149 67 feet
to a ~" iron set,
THENCE N.28°37'16"W, continuing with the East line of said road, 202.67 feet
to a ~" iron set,
THENCE N 17'08'17"W , continuing with the East line of said road, 571 75 feet
to a ~Z" iron set,
THENCE S.89 ° 12'S6"1F , 524 45 feet to a ~Z" iron set in Nine Mile Bridge Road,
THENCE N 00' 15'02"E., 1342 44 feet to a ~Z" iron found,
THENCE N.89°50'02"E., 77147 feet to a 2" pipe found,
THENCE 5.00' 12'32"E., 39.55 feet to a 2" pipe found,
THENCE N 89'S1'S3"E , 1844 42 feet to a ~" iron found in the West line of that
certain Save and Except Tract 1 as recorded in Volume 11126, Page 1268,
D.R.T C T ,
THENCE S.00 ° 24'38"E., with the West line of said Save and Except tract,
1254 05 feet to a ~" iron found,
THENCE 5.06'43'49"E., continuing with the West line of said tract, 1121 38 feet
to a ~" iron found,
THENCE S 06° 11'48"E., continuing with the West line of said tract, 183 66 feet to
a ~Z" iron found,
THENCE S 10°22'21"E., continuing with the West line of said tract, 380700 feet
to the POINT OF BEGI NNING and containing 149 975 acres of land
City of Fort Worth, Texas
n-~Ayar And C,aunc~l C,ammun~cAt~an
DATE REFERENCE NUMBER LOG NAME PAGE
12/14/99 L-12684 80NATURE 1 of 3
CENTER
RECOMMENDATION
It is recommended that the City Council
Authorize the City Manager to execute an agreement with the Friends of the Fort Worth Nature
Center for the acquisition and donation of approximately 150 acres of undeveloped property
adjacent to the entrance road of the Fort Worth Nature Center and Refuge, and
2. Adopt the related supplemental appropriation ordinance to.
(a) Increase the Water and Sewer Operating Fund appropriations in the amount of $400,000,
and decrease the Unreserved, Undesignated Retained Earnings of the Water and Sewer
Operating Fund by the same amount to transfer to the Lake Worth Trust Fund, and
(b) Approve the transfer of $400,000 from the Water and Sewer Operating Fund to the Lake
Worth Trust Fund, and
(c) Increase appropriations and estimated receipts by $500,000 in the Lake Worth Trust Fund
for the purpose of acquiring the property, paying closing costs, and cleaning, fencing and.
securing the property; and
(d) Increase estimated receipts and appropriations in the Lake Worth Trust Fund by $100,000
from a contribution from the Friends of the Fort Worth Nature Center
DISCUSSION
The Fort Worth Nature Center and Refuge (FWNC&R) is the largest park in the City of Fort Worth and
has an annual visitation of over 150,000 people per year that enter through a single entrance off State
Highway 199 West of and adjacent to the entrance road to the FWNC&R lies a 180-acre parcel of
partly developed property Early in the 1980's, the FWNC&R staff and the Nature Center Advisory
Board recognized the possibility of further development of the property and the negative impact that
such development would have on the esthetic qualities of the entrance and the first impression of
visitors. Other adverse impacts such as noise, invasive non-native plants and animals, and non-point
source pollution could ultimately affect a much larger portion of the FWNC&R, other than just the
entrance area. Inquiries were made by the FWNC&R staff and the Nature Center Advisory Board in the
mid-1980's about possible purchase of the property and found that it was not for sale. During the
1990's the property came on the market and was purchased for development.
Once development of the 180-acre site was imminent, the Friends of the Fort Worth Nature Center (the
"Friends") and the City of Fort Worth began to look into acquiring the 180 acres for preservation as
parkland. The developer agreed to sell approximately 150 acres of the property to the Friends,
prompting the establishment of a fund raising campaign for the purchase.
City of Fort Worth, Texas
M'Ayar and C'auncil CammunicAtian
DATE REFERENCE NUMBER LOG NAME PAGE
12/14/99 L-12684 80NATURE 2 of 3
~ SUBJECT ~ ACQUISITION OF LAND FOR FORT WORTH NATURE CENTER AND REFUGE I
The Friends have entered into a contract for the purchase of the property from the owners, Dunhill
Properties, Ltd The contract allows for assignment of the Friends' purchase rights to the City of Fort
Worth. The attached assignment agreement would accomplish the assignment and prescribes the
other terms of the agreement between the Friends and the City The property has been appraised at
$1,349,775 The purchase price is $500,000, and the owners intend to treat the remainder as a
charitable contribution The City will pay the purchase price and purchaser's closing costs for the
acquisition (an additional $100,000 is being appropriated to cover closing costs, as well as minor site
cleaning, fencing and securing the property), and the Friends will reimburse the City for $250,000 of the
purchase price. $100,000 of the Friend's share will be paid to the City at or before closing An
additional $100,000 commitment is being utilized to seek a matching $50,000 grant from the National
Fish & Wildlife Federation Approval of the grant is expected to occur in December 1999, with funds
available to reimburse the City in the amount of $150,000 in March 2000
The Friends, through its fund-raising campaign, received commitments for major contributions from the
following individuals and entities:
1 Amon Carter Foundation
2. Armstrong Foundation
3. Nature Center Endowment Fund
4 Marty Leonard
5. Edward P Bass
6 Bank One Trust
7 Garvey Texas Foundation
8. Richardson Foundation
9 Ryan Foundation
10 Bob O'Kennon
There was also one major contributor that wishes to remain anonymous. In addition to the major
contributions, the Friends received numerous smaller contributions from interested citizens, which has
assisted them in meeting their goal
Financing of the City's portion will come from the unreserved, undesignated retained earnings of the
Water and Sewer Operating Fund and the Lake Worth Trust Fund
The purchase and addition of this property will protect the esthetic qualities for most of the entrance of
the FWNC&R and ensure minimal environmental impact from the existing commercial development.
The Fort Worth Nature Center and Refuge is in COUNCIL DISTRICT 7
City of Fort Worth, Texas
M'Ayor And ~'auncil Cammun~cAtian
DATE
12/14/99 REFERENCE NUMBER
L-12684 LOG NAME
80NATURE PAGE
3 of 3
SUBJECT ACQUISITION OF LAND FOR FORT WORTH NATURE CENTER AND REFUGE
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that upon approval of the supplemental appropriation ordinance, funds
will be available in the Water and Sewer Operating Fund and the Lake Worth Trust Fund
LW k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
26) FE70 472045 080001002000 $400,000.00
Libby Watson 6183 2D) FE70 472045 080001002000 $100,000.00 D
APPROVE
Originating Department Head: A
'
Cj~ 1 1 CDUNC~
Richard Zavala 5704 (from) DEC ~ 4 )999
2C)FE70 541100 080001002000 $500,000.00
Additional Information Contact: 2A&B)PE45 538070 0609020 $400,000.00 ~
~~ ~~~~
2D) FE70 541100 080001002000 $100,000.00 City Secretarq of the
Richard Zavala 5704 Citq o4 Fort Worth, Vera..
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