Ordinance No. 18595-05-2009 AN ORDINANCE INCREASING ESTIMATED

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							                                   Ordinance No. 18595-05-2009



         AN    ORDINANCE     INCREASING  ESTIMATED   RECEIPTS    AND
         APPROPRIATIONS IN THE FUTURE IMPROVEMENTS PROJECT OF THE
         SPECIAL ASSESSMENTS FUND IN THE AMOUNT OF $240,000.00. FROM
         PREVIOUS DEVELOPER CONTRIBUTIONS. FOR THE PURPOSE OF
         TRANSFERRING SAID FUNDS TO THE NEW DEVELOPMENT FUND:
         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 to those amounts allocated to the various City departments for Fiscal Year 2008-
2009 in the Budget of the City Manager, there shall also be increased estimated receipts and
appropriations in the Future Improvements Project of the Special Assessments Fund in the amount
of $240,000.00, from previous developer contributions, for the purpose of transferring said funds to
the New Development fund.

                                            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 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conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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


AssistantC yAtç1rnei



ADOPTED AND EFFECTIVE: y009
   MAYOR AND COUNCIL COMMUNICATION MAP
    MCALISTER RD                    -   135 SB FRONTAGE RD TO UP RR
ORDINANCE NO 18595O5-2OO9 & 18596-O52OO9

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                                          STONE
                                        City of Fort Worth, Texas
             Mayor and Council Communication

        COUNCIL ACTION: Approved on 515/2009                -   Ord. No. 18595-05-2009 & 18596-05-2009

   DATE:          Tuesday, May 05, 2009                                             REFERENCE NO.: C-23500
    LOG NAME: 2OMCALISTER-CORR
   SUBJECT:
   Rescind M&C 0-22827; Authorize an Interlocal Agreement with the City of Burleson in the Amount of
   $240,000.00 for Street Improvements on McAlister Road; Authorize an Agreement with Kimley-Horn and
   Associates in the Amount of $226,000.00 for Design Work and Adopt Appropriation Ordinances


    RECOMMENDATION:
    It is recommended that City Council:

    1 Rescind M&C 0-22827 approved on May 27, 2008, for the purpose of revising the scope of an
    lnterlocal Agreement with the City of Burleson;

    2. Authorize the City Manager to execute an Interlocal Agreement with the City of Burleson in the amount
    of $240,000 00 for street improvements on McAlister Road from its intersection with the southbound
    frontage road of Interstate Highway 35W then west approximately 1,466 feet to the improved roadway 100
    feet west of the Union Pacific Railroad;

    3. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the
    Future Improvements Project of the Special Assessments Fund in the amount of $240,000.00 from
    previous developer contributions;

    4. Authorize the transfer of $240,000.00 from the Special Assessments Fund to the New Development
    Fund;

    5, Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the
    New Development Fund in the amount of $240,000.00; and

   6. Authorize the execution of an Agreement with Kimley-Horn and Associates in the amount of
   $226,000.00 for design work.

   DISCUSSION:

     tre .rnpr crier ts a rg MciI s R ad frr t ntrseci r wth the c ut[curd r ‘age J r
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               gbsa               t vri) ftke Urv Pa ‘i Ra              d ae bee a’rcJ             det add
       igestion ard safety problems Fund ng ‘or th s pr e t         I co ne through the Comrr ur ty F cil t es
   Agreemert CFA) ire i’em in the O04 Capital Improvement Program in corjuncton wtb CFAunding
   collected from adjacent developers In as much as that portion of the improvements west of the railroad
   are within the city limits of Burleson (1.466 feet). the City of Burleson has also agreed to contnbute funding
   for the design contingent upon a commitment from the City of Fort Worth that they will be reimbursed for
   trc es gn fees f the road is ot uit’rnateiy coPSru( ti

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I ognarne 20M( \i IS I F R-( ORR                                                                      Page 1 of 2
    22827) with the City of Burleson to lead the design of McAlister Road in accordance with City of Fort
    Worth standards. That ILA was not fully executed because a desire for changes in scope and process
    were communicated between the parties. The previously authorized ILA would have provided that the City
    of Burleson would provide the completed design to the City of Fort Worth, who would manage
    construction. That proposed ILA would have required the City of Fort Worth to reimburse Burleson up to
    $125,000.00 in design fees if the construction project did not begin by December 31, 2008.

    The $1 25.00000 figure was initially agreed upon by staff from both the City of Fort Worth and the City of
    Burleson. The City of Burleson, in working with the design consultant. subsequently determined that the
    design effort would be considerably more complex and costly than initially expected. This was due largely
    to coordination work with the Texas Department of Transportation (TxDOT) and the Union Pacific
    Railroad, as well as some additional design efforts to address the need for a quiet zone at the railroad
    crossing and significant drainage issues. Based on this additional scope of work, the design fees were
    revised to $226,000.00.

   Following further discussion between staff from the City of Burleson and the City of Fort Worth, it has been
   decided that it would be more efficient for the City of Fort Worth to also manage the design for this project.
   Since the City of Burleson had previously discussed this project with Kimley-Horn and Associates; we
   continued to pursue the design contract with them to complete the project as quickly as possible. Burleson
   will still participate in the project in an amount not to exceed $24000000. The ILA will require the City of
   Fort Worth to reimburse the City of Burleson in an amount not to exceed $240,000.00 should construction
   of the McAlister Road project not begin by June 30, 2010.

   Kimley-Horn and Associates is in compliance with the City’s MIWBE Ordinance by committing to 17
   percent MIWBE participation. The City’s goal on this project is 17 percent.

   This street segment is located in COUNCIL DISTRICT 6.


   FISCAL INFORMATION I CERTIFICATION:
   The Financial Management Services Director certifies that upon approval of the above recommendations
   and adoption of the attached appropriation ordinance, funds will be available in the current capital budget,
   as appropriated, of the New Development Fund.

   FUND CENTERS:
    TO Fund/Account/Centers                              FROM Fund/Account/Centers
    3) GS94 488100 020941369010              $240,000.00 4) GS94 538040 020941369010                $240,000.00
   3)GS94 538040 020941369010                $240,000.00 6)0202 531200 206760107830                 $226000.00
   4)0202 476094 206760107830                $240000.00
   5) 0202 476094 206760107830               S240.000.00
   5)0202 531200 206760107830                S240:000.OQ

  CERTIFICATIONS:
  Submitted for City Managers Office by:                   Fernando Costa (8476)

  Originating Department Head:
  Additional Information Contact:                          Jm Waiker (8009)




Itsname: 2()MCALIS FER-C()RR                                                                         Pa.w 2 of 2

						
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