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Ordinance 18471-02-2009
Ordinance No. 18471-02-2009 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE SEWER CAPITAL PROJECTS FUND IN THE AMOUNT OF 553,000.00, FOR THE PURPOSE OF AUTHORIZING THE ACQUISITION OF TWO PERMANENT SEWER FACILITY EASEMENT AND WATER -RECLAMATION MAIN EASEMENTS FROM JAMES D. AND SUZANNE S. GABERINO LTD.: PROVIDING FOR A SEVERABILITY CLAUSE; 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 tc those amounts allocated to the various City departments for Fiscal Year 200$-2009, there shall also be increased estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $53,000.00, for the purpose of authorizing the acquisition of two permanent sewer facility easement and water -reclamation main easements from James D. and Suzanne S. Gaberino Ltd. 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. 18283 and aII other ordinances and appropriations amending the same except in those instances where the provisions ofi 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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. jt !S } .C. ~~ ~ ~ ~~~riuf /5~ Assistant City Attorne~t __ _..___.. Aliia'PTED ANQ EFFEGTsi~~ ~`epnaary "0 Gs(tct City of Fort Worth, Texas Mayor and Council Communication couNCl~. ACTION. Approved on 2t~otz~os . ors. No. ~sa7~-oa.zo~s DATE: Tuesday, February 10; 2009 LOG NAME: 20GABERINO REFERENGE NO.: "'L-14715 SUBJEGT: Authorize the Acquisition of Two Permanent Sewer Facility Easements and Water-Reclamation {Re-Use} Main Easements from James D. and Suzanne S. Gaberino Ltd., for the Amount of $20,295A0 Located at 8401 Lowery Road, Pay the Estimated Glostng Costs of $2,000.00 and Adopt Appropriation Ordinance REGOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $53,000.00 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $53,000.00; 3. Authorize the acquisition of two Permanent Sewer Facility Easements and Water-Reclamation {Re-use} Main Easements from James D. and Suzanne S. Gaberino, Ltd., at 8401 Lowery Road located in east Fort Worth, for the construction of Sewer and Water-Reclamation {Re-Use} Improvements; 4. Find that the price offered in the amount of $20,295.00 plus an estimated closing cost of $2,000.00 is just compensation; and 5. Authorize the acceptance and recording of appropriate instruments. DISGt1SSlON: The sewer and water-reclamation easements are required for construction of the Sanitary Sewer Main 253 Replacement Project. James d. and Suzanne S. Gaberino, Ltd., has agreed to sell the easements at the appraised ~Y~alue of $20:295.Q0. The acquisition cost is based on an outside independent apprao-sa~ Closir,J ,~t;sts are estimated at $2;`?ru0.Ofl. The Iand to be Granter James D. and Suzanne S. '~af~erjno, LId. acquired is described as: Legal Description A Portion ©# James R. Newton Survey, AEastrac# Nc? 1169, Fort Worth, Tarr<~nt Crtunty, Te~~x^^as++ t :"t3 rrtat~°ai .}}t.~'~J~~3~ ~ L~. v^.S~J Acres Amount .897 $20,295.Qt7 4 '~t%~B ti5 G.2 „Lf,?. t.14f I.ogncral7c: ?t)GAt3tRt ~0 Page 1 c7# } In addition to the contract price for these easements, additional funding in the amount of $30,745.00 wili be used for future land negotiations and purchases. The property is located in COUNCIL DISTRICT 4, Mapsco 67P. FISCAt_ INFORMATION t CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendation and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Sewer Capital Projects Fund. FUND CENTERS: TO FundlAccaunt/Centers 1E~2) P25$ 476045 7051741099zz 2) P258. 541100 705170709941 2) P258. 531350__705170109942 __ CERTIFICATIONS: Submitted far City Manager"s Office by Originating Department_Flead; FROM FundlAccounUCenters $53,400.00 1)PE45__53$440 0709420 $53,000.00 $38000.0__0 4~ P258 .541100. 705170149941, $20,295.00 $).5,000 00 4) P258__531350 705170109942 X2,000,_00 Fernando Costa {6122) William A. Verkest P.E. (7801) Additional Information Contact: Willie F. Ingram {6645) _ _ f_~kgn~ime: ?{)G.Af3F.It1tiC7 t'ame' ~5f ?