RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Master Utility Agreement with Atmos Energy outlining cost-sharing responsibilities and processes for utility relocations required by the Trinity River Vision – Central City Project.
DISCUSSION:
On June 3, 2003, (M&C G-13989) the City Council adopted the Trinity River Vision Master Plan as a guide for future development along the Trinity River and its major tributaries. The Tarrant Regional Water District (TRWD), in cooperation with Streams and Valleys, Inc., the United States Army Corps of Engineers and the City of Fort Worth led the effort to prepare the Master Plan.
The Trinity River Vision – Central City Project will alter the flow of the Trinity River at the confluence of the Clear and West Forks near Downtown with a primary purpose of reducing Central City flooding threats. The Project will also better control the flow of the Trinity River so as to allow greater public access to the river, increased recreational opportunities, ecosystem enhancements and an urban waterfront that will enable economic redevelopment efforts. The City Council, the Tarrant County Commissioners Court, the TRWD Board and Streams and Valleys, Inc., have all endorsed the Trinity River Vision – Central City Project.
Over the past year, Atmos and the City have had multiple discussions with respect to who ultimately bears the financial responsibility for an estimated $9 million worth of Atmos utility relocations that are required as a result of the Trinity River Vision – Central City Project. The relocations involve facilities located in public rights-of-way and are necessary for construction of both the bypass channel and related street and bridge work. Due to the difficulty in pinpointing which party has legal responsibility to pay for the relocation of a specific facility and disagreements between the parties over those legal requirements, these discussions have culminated in an Agreement to equally split the cost of all necessary relocations on a 50/50 basis. This settlement has been reached with the primary purpose and intent of completing the project in a timely and successful manner without the need for either party to pursue legal action.
Atmos is expected to invoice the City as work under the Agreement is completed. Invoices will be paid for with funds advanced by TRWD. TRWD will be reimbursed for these expenses under its Agreement with the board of directors of Tax Increment Reinvestment Zone Number Nine, City of Fort Worth, Texas (TRV TIF). As a result, this Agreement will have no financial impact on the City's general fund or capital improvement funds.
This project is located in COUNCIL DISTRICT 2 and will benefit ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City funds.
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Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Mark Rauscher (2446)
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