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File #: 16-3177   
Type: Real Property Acquisition
In control: City Council A Session
On agenda: 5/19/2016
Posting Language: An Ordinance authorizing the execution of an Amended and Restated Fire/Emergency Services Agreement, Donation Agreement and other associated documents with Maruchan Texas, Inc. for the acquisition of approximately 2.507 acres of privately-owned real property in County Block 4301, Lot 2, for Fire Station #52 and authorizing up to $25,000.00 payable to the selected title company for land and associated title fees.
Attachments: 1. FS53 RFCA Map, 2. FS52 RFCA Map, 3. FI Form-City South Annexation, 4. Draft Ordinance - A, 5. Draft Ordinance - B, 6. Ordinance 2016-05-19-0360
Related files: 16-2143, 16-3178
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DEPARTMENT: Transportation & Capital Improvements                     

 

 

DEPARTMENT HEAD: Mike Frisbie, P.E.

                     

                     

COUNCIL DISTRICTS IMPACTED: Council District 3 & 4

 

 

SUBJECT:

 

Acquisition of Real Property for the construction of Fire Stations #52 &  #53.

 

 

SUMMARY:

 

Consideration of the following ordinances allowing for the acquisition of two parcels of land for the construction of Fire Stations #52 & #53 as part of the South San Antonio Limited Purpose Annexation, FY 2016 Tax Note funded project, located in City Council Districts 3 and 4, respectively.

 

A)                     An ordinance authorizing the execution of an Amended and Restated Fire/Emergency Services Agreement, Donation Agreement and other associated documents with Maruchan Texas, Inc. for the acquisition of approximately 2.507 acres of privately-owned real property in County Block 4301, Lot 2, for Fire Station #52 and authorizing up to $25,000.00 payable to the selected title company for land and associated title fees.

 

B)                     An ordinance authorizing the acquisition, through negotiation, of interests in land sufficient for project purposes to approximately 2.819 acres of privately-owned real property in NCB 16626, Lot 101, for Fire Station #53 and authorizing up to $290,000.00 payable to the selected title company for land and associated title fees.

 

 

BACKGROUND INFORMATION:

 

City Ordinance #2009-01-09-0001, authorized on January 9, 2014, provided for the extension of the City of San Antonio city limits by the limited purpose annexation of approximately 18,729 acres of land known as the South San Antonio Limited Purpose Annexation Area 1, Area 2, Area 3, and Area 4.  As a result of this annexation, it is necessary for the City to provide fire protection in Area 1, Area 3 and Area 4. 

 

Sites for new fire stations are selected based upon their ability to achieve the most effective response times to citizens.  Several considerations are taken into account in the site selection process, such as:

 

Enhancing response time through accessibility to thoroughfares

Upgrading protection by locating near areas with high occupancy or inherent hazards

Maintaining high visibility to citizens

Providing easy access for citizens

Projecting future needs and seeking adequately sized property to allow for building expansion or personnel increases

Researching to avoid land with environmental or stability concerns

 

A) Fire Station #52 will provide fire protection for Area 1, as part of the South San Antonio Limited Purpose Annexation.  It also provides the ability to enhance fire protection in areas which lie within the incorporated city limits of San Antonio and areas within an Industrial Development District.  One such beneficiary is Maruchan Texas, Inc. (MTI).  MTI is located within an Industrial Development District which, along with a five-year Non-Annexation Agreement and Basic Fire Service Agreement, was approved by City Ordinance 2012-06-14-0451.  MTI has agreed to convey 2.507 acres of its real property to the City for the purpose of constructing Fire Station #52.  This conveyance is being accomplished through two separate agreements: 1) an Amended and Restated Fire/Emergency Service Agreement; and 2) a Sales & Donation Agreement.  Under the terms of the Amended and Restated Fire/Emergency Service Agreement, the City is acquiring an undivided interest in the 2.507 acres equivalent to the approximate value of services to be provided through the Amended and Restated Fire/Emergency Services Agreement.  These services will be amended to include emergency and first responder services during the remaining term of the agreement.    Additionally, MTI has agreed to donate the remaining interest in the 2.507 acres that exceeds the value of the fire/emergency services to the City through a Donation Agreement.  The value of the donation shall be finalized through an appraisal of the property; however, the City and MTI acknowledge that the value of the 2.507 acres exceeds the value of the fire/emergency services, which have been determined by the San Antonio Fire Department to be $150,000.00.

 

B)                      Fire Station #53 will provide fire protection for Area 3 and Area 4 as part of the South San Antonio Limited Purpose Annexation, as well as, provide the ability to enhance fire protection for areas which lie within incorporated city limits of San Antonio and areas with Industrial Development Districts.

 

 

ISSUE:

 

A)                     This ordinance authorizes the acquisition of approximately 2.507 acres of real property owned by Maruchan Texas, Inc. in County Block 4301, Lot 2, for Fire Station #52 through an Amended and Restated Fire/Emergency Service Agreement, Donation Agreement, and other associated documents; and authorizes up to $25,000.00 payable to the selected title company for land and associated title fees.

 

B)                     This ordinance authorizes the acquisition, through negotiation, of interests in land sufficient for project purposes to approximately 2.819 acres of privately-owned real property in NCB 16626, Lot 101, for Fire Station #53 and authorizing up to $290,000.00 payable to the selected title company for land and associated title fees.

 

 

ALTERNATIVES:

 

A)                     City Council could choose not to approve this acquisition needed for completion of this Project; however, such action would result in the project being delayed in order to find an alternate site that will meet the project needs.

 

B)                     City Council could choose not to approve this acquisition needed for completion of this Project; however, this action would result in the project being delayed in order to find another property that will meet the project needs.

 

 

FISCAL IMPACT:

 

A)                     This ordinance approves accepting payment through acquisition of 2.507 acres of real property from Maruchan Texas, Inc. through an Amended and Restated Fire/Emergency Service Agreement Donation Agreement and other associated documents to be used for the location of Fire Station #52. The Amended and Restated Fire/Emergency Service Agreement accepts payment through acquisition of land in exchange for $78,750 in payments related to a Basic Fire Protection Agreement referenced in Ordinance 2012-06-14-0451 and additional EMS Services for $71,250. The value of the donation shall be finalized through an appraisal of the property; however, the City and MTI acknowledge that the value of the 2.507 acres exceeds the value of the fire/emergency services, which have been determined by the San Antonio Fire Department to be $150,000.00. The land donation will be recorded in fund 29820000 at the appraised value of $328,000.00 with recognition of in-kind contributions and unearned revenue through City services. This ordinance also provides a one-time capital improvement expenditure in an amount not to exceed $25,000.00 payable to the selected title company for land and associated title fees. Funds are available within the FY2016 Tax Note Fund and are included in the 2016-2017 Capital Improvement Program Budget.

 

B)                     This ordinance approves a one-time capital improvement expenditure in the amount of $290,000.00 payable to the selected title company for land and associated title fees.  Funds are available from FY 2016 Tax Notes Fund and are included in the 2016-2017 Capital Improvement Program Budget.

 

 

 

RECOMMENDATION:

 

A)                     Staff recommends the acquisition of the 2.507 acres of privately-owned real property through an Amended and Restated Fire/Emergency Service Agreement, Donation Agreement and other associated documents to be used for Fire Station #52.

 

B)                     Staff recommends the acquisition of the 2.819 acre of privately-owned real property to be used for Fire Station #53.