HomeMy WebLinkAboutOrdinance 11567
ORDINANCE NO ~15~
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE PARK AND RECREATION
IMPROVEMENTS FUND IN THE AMOUNT OF $47,110.00 FOR THE
PURPOSE OF FUNDING THE PROPOSED SETTLEMENT OF TEXAS
UNITED OUTDOOR ADVERTISING, INC., ET AL VS. CITY OF FORT
WORTH, CAUSE NO 153-138464-91, 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 1993-
94 and in the Budget of the City Manager, there shall also be increased estimated receipts and
appropriations in the Park and Recreation Improvements Fund in the amount of $47,110 00 for the
purpose of funding the settlement of Texas United Outdoor Advertising, Inc., et al vs. City of Fort
Worth, Cause No. 153-138464-91.
SECTION 2.
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 11379 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provisions of said prior ordinances and appropriations are hereby expressly repealed.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 from and after the date of its passage,
and it is so ordained.
APPROVED AS TO FORM AND LEGALITY
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City Attorney
~'t1 _~ `~
Date
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Adopted
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City of Fort Worth, Texas
Mayor and Council Communication
05/17/94 G10667 13rtEXAS 1 of 2
sva~crr PROPOSED SETTLEMENT OF TEXAS UNITED OUTDOOR ADVERTISING, INC :
ET AL VS CITY OF FORT WORTH, CAUSE NO 153-138464-91 ~
RECOMMENDATION
It _is recommended that the City Council
1 Adopt the attached supplemental 'appropriations ordinance .increasing appropriations in the
Golf Course Fund by 547,110 00, and decreasing the unreserved, undesignated retained
earnings by the same amount, and
2 Authorize the City Manager to transfer funds in the amount of 547,110 00, from the Golf
Course Fund to the Park and Recreations Improvements Fund, and
3 Adopt the attached appropriations ordinance increasing estimated receipts and
appropriations in the Park and Recreation Improvements Fund by 547,110 00, from
increased revenue, and
4 Approve the expenditure of an additional 547,110 00, for settlement of all claims in Texas
United Outdoor Advertising, Inc , et al vs the City of Fort Worth (cause no
153-138464-91)
DISCUSSION
On September 24, 1991 (M&C L-10622), the City Council declared the necessity of taking
certain land for the purpose of constructing essential public improvements (Sycamore Golf
Course Expansion) With City Council approval, the City Attorney instituted eminent domain
proceedings to acquire property belonging to Texas United The special commissioners found
52,550 00 to be the fair compensation for that property Texas United sought additional
compensation through court and' was awarded an additional 547,110 00 The City did not
appeal the courts findings because the award is based upon a jury trial that does not contain
reversible error
The Department of Law and the Parks and Community Services Department recommend payment
in the amount specified in the court order to effect settlement of this case
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City of Fort Warth, 7"exas
Mayor and Council Communication
DAIS
05/17/94 REF'SRENCB NUMBER
G-10667 LOG NAME
13TEXAS PAGB
2 of 2
sva~ECT PROPOSED SETTLEMENT OF TEXAS UNITED OUTDOOR ADVERTISING, INC ,
ET AL VS CITY OF FORT WORTH, CAUSE NO 153-138464-91
FISCAL INFORMATION/CERTIFICATION
The Director of Fiscal Services certifies that upon adoption of the attached Supplemental
Appropriations Ordinance and approval of the fund transfer, funds required for this expenditure
will be available in the capital budget of the Park and Recreation Improvements Fund The
unreserved, undesignated retained earnings of the Golf Course Fund following this supplemental
appropriation will be S 1,480,630 00
CB.r
rotted or dy Manager a FUND A OUNT ENTER AMOUNT ITY RETARY
OfCce by: ~~)
1> PFii9 38070 o8oao9o ~,llo.oo APPRO
Ch~rlea Boswell 8500
)
4 203
8 10
,110.
CI VED
T
Origuwting Departme~ Head:
3) GCOS
472039
080050470010
547,110.00 Y ~~~~~~~
3) GCO 531200 080050470010 7,110.00
M
A. Douglas Rademeker 6157 ~~) l~Y ~ 7 1994 . '_
2) PE39 538070 0804090 7,110.00 ,~
(L~
For Add,honal ormat~on 4) GCO 531200 080050470010 47,110.00 ,~J
City
Contact: City of Fo~~
Jerry G7ulter 8367
Adop#ed Ordnance No. Itsl~la
Adovted Drdman~e No J JS~~
-~~ Printed on recyGed paper