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Home My WebLink AboutOrdinance 21972-11-2015 ORDINANCE NO.21972-11-2015 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE CAPITAL PROJECTS RESERVE FUND IN THE AMOUNT OF $500,000.00, FROM AVAILABLE GAS RELATED REVENUES, FOR THE PURPOSE OF SUPPLEMENTING FUNDING FISCAL YEAR 2016 COMMUNITY FACILITY AGREEMENT PROJECTS WHEN DEVELOPER CONTRIBUTIONS ARE INSUFFICIENT TO COVER COSTS; AUTHORIZING THE CHIEF FINANCIAL OFFICER TO MADE CERTAIN TRANSFERS AND ALLOCATIONS UP TO BUDGETED AMOUNTS; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL 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 2015-2016 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Capital Projects Reserve Fund in the amount of$500,000.00, from available gas related revenues, for the purpose of supplementing funding for Fiscal Year 2016 community facility agreement projects when developer contributions are insufficient to cover costs, with such appropriations shown more fully as follows: CAPITAL PROJECTS RESERVE FUND REVENUES: Available Gas Well Related Revenues $500,000 TOTAL REVENUE $500,000 EXPENDITURES: Non-Departmental $500,000 Transfers and appropriation to be made from the Non-Departmental Center undesignated project within the Capital Projects Reserve Fund to the applicable project incurring the cost. TOTAL EXPENDITURES $500,000 SECTION 2. That, appropriations in the Capital Projects Reserve Fund identify and allocate monies that are anticipated Ordinance No.21972-11-2015 Page 1 of 2 to be required during the fiscal year to supplement funds received from developers for the inspection, materials testing, and other services to be performed by City staff in connection with community facility agreement projects that are funded solely by developers when the amount of developer contributions is insufficient to cover the City's costs. In accordance with Chapter X of the Charter of the City of Fort Worth, Texas, by adoption of this ordinance, the City Council authorizes and delegates to City's Chief Financial Officer authority, when such a project has a shortfall, to enact and make transfers and allocations of such monies in a cumulative amount not to exceed the total amount budgeted, with such transfers and appropriation to be made from the Non-Departmental Project of the Capital Projects Reserve Fund to the receiving project's center within the Capital Projects Reserve Fund, provided, however, that the Chief Financial Officer shall be required to report such transfers and allocations to the City Council in periodic financial reports,which shall be submitted no less than quarterly throughout the fiscal year. SECTION 3. 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 4. That this ordinance shall be cumulative of Ordinance No. 21873-09-2015 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 5. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: o i r " Deni§"C.Mc r y, Sr.Assistant City Attorney �Mary Jar any i, b i Secretary ADOPTED AND EFFECTIVE:November 17,2015 Ordinance No.21972-11-2015 Page 2 of 2 City � of Fort Worth., Texas MayorN&�N =� Council � ��0 0=^�� NN Communication�� m�'N ��NN�� '��NN��mm COUNCIL ACTION: Approved on 11/1712015 - Ordinance No. 21972-11-2015 & 21973-11- DATE: Tueeday, November 17, 2015 REFERENCE NO-: G-18810 LOG NAME: 1318GTOPGAPFUND|NG SUBJECT: Adopt Ordinance Appropriating $5O0.00O.00in the Capital Projects HaeanxeFundforFioua/ Year2O10 Community Facilities Agreement Projects andDa1aQoUngAuthohtvtotheCitv'eChiefFinanoiaiOffimsrto Effect Transfers Up to the Budgeted Tota|, Designate Use of$1,000,000.00 in Previously Appropriated Funds in the Water Capital Fund and $1,000,000.00 in Previously Appropriated Funds in the Sewer Capital Fund for Fiscal Year 2016 Community Facilities Agreement and Adopt Ordinance Delegating Authority to the City's Chief Financial Officer to Effect Transfers Up to the Budgeted and Designated Total in Each Fund (ALL COUNCIL DISTRICTS) RECOMMENDATION: |tie recommended that the City Council: 1. Adopt the attached Fiscal Year 2016 appropriation ordinance increasing receipts and appropriations in the Capital Projects ReoervoFundintheamountof$5OO.00O.0Ofronnavoi|ob|aGoaVVe|| Revenumefor the purpose of funding Community Facilities Agreements on a limited basis when developer contributions are not sufficient to fund expenditures and delegating authority to the City's Chief Financial Officer to effect transfers within the Fund up to its appropriated total; 2. Designate the use of$1,000,000.00 in previously appropriated funds in the Water Capital Fund and $1.000.000.00 in previously appropriated funds in the Sewer Capital Fund for the purpose of funding Community Facilities Agreements on a limited basis when developer contributions are not sufficient to fund expenditures; and 3. Adopt the attached ordinance delegating authority to the City's Chief Financial Officer to affect transfers within the Water Capital Fund and within the Sewer Capital Fund up to the budgeted and designated amount Of$1.00O.UOO.00in each fund for Community Facility Agreements. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to supplement the financial framework approved bythe City Council (M&C G-1 8572) to support the execution of Community Facility Agreements during Fiscal Year 2O1O. As development occurs throughout the City of Fort Worth, developers enter into contracts with the City to undertake private construction of public infrastructure, such as roads or water lines (community facilities) needed to support private development plans. Under the terms of the City's standard Community Facilities Agreement (CFA), the developer is responsible for the construction of facilities, in accordance with City standards and must also cover the costs of inspection and material testing by the City to ensure City standards are being met. [oguooze: l3l3 STOPGAP Fl]NI}IN{} Page o[3 As noted in M&C G-18572, the funds that are supposed to cover the City's costs are collected from developers on a project by project basis in the form of a Developer Contribution and deposited into the Enterprise Developer Contribution Fund for water and sewer CFAs and in the Developer Contribution Fund for all other CFAs. However, from reviewing past years' revenues and expenditures, Staff has determined that the contribution structure needs to be reassessed. Currently, the contributions paid by developers for small projects are generally insufficient to cover the City's costs while contributions for large projects occasionally exceed costs. Staff is committed to analyzing the contribution rates and bringing back recommendations to "right size" the assessments. However, in the interim of studying and updating the assessment structure in order to continue executing and implementing CFAs, fall back funding sources are needed to cover City costs when they exceed the contribution rates. Staff recommends the City Council designate the use of $1,000,000.00 in previously appropriated funds in the Water Capital Fund and $1,000,000.00 in previously appropriated funds in the Sewer Capital Fund plus appropriate $500,000.00 in the Capital Projects Reserve Fund from unallocated Gas Well Revenue for Fiscal Year 2016. These funds will be used in their respective funds to cover CFA costs when developer contributions are insufficient to cover the total costs of providing the services. The attached ordinances also delegate authority to the City's Chief Financial Officer (CFO), when a situation arises as outlined above, to enact and make the transfers and allocations to individual CFA projects within each of the respective Funds when needed. As transfers from the designated appropriations are made, the remaining appropriated and designated total would be reduced. As capital funds, once appropriated, the budgeted amounts would remain in the assigned CFA project until the money has been expended or the project is completed. Annual re-appropriation would not be required. The delegated authority granted by the attached ordinance is subject to the restriction that the total amount of all such transfers within each Fund may not exceed the annual amount appropriated and designated for this purpose and is also subject to the requirement that the CFO periodically report the transfers and allocations to the City Council throughout the fiscal year. FISCAL INFORMATION /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 budgets of the Capital Projects Reserve Fund, the Water Capital Fund and the Sewer Capital Fund. FUND IDENTIFIERS (FIDs): TO Fund Department Accouni Project Program Activity Budget Reference # Amount ID ID Year Chartfield 2 1 39100 0060419 4623001 860001 860000 $500,000.00 1 39100 0060419 B60001 B60000 $500,000.00 1)39100, 0909103 4623001 860001 860000 $500,000.00 1 39100 0909103 B60001 B60000 $500,000.00 2 59601 0909103 4905424 UNSPEC UN1500 $1,000,000.00 59601 0909103 UNSPEC UN1500 $1,000,000.00 2)59607 0909103 4905424 UNSPEC UN1300 $1,000,000.00 V)T5-96071 0909103 UNSPEC UN1300 $1,0 0 000.00 FROM Fund Department Accoun Project Program Activity Budget Reference # Amount ID ID Year Chartfield 2 11)391001 0060419 4623001 B60001 B60000 $500,000.00 1 39100 0060419 B60001 B60000 $500,000.00 Logname: 1313 STOPGAP FUNDING Page 2 of 3 2)596011 0600430 4905424 UNSPEC UN1500 $1,000,000.00 2 59601 0600430 UNSPEC UN1500 $1,000,000.00 2 59607 0700430 4905424 UNSPEC UN1300 $1,000,000.00 2 59607 0700430 UNSPEC UN1300 1,000,000.00 CERTIFICATIONS: Submitted for City Manager's Office by; Susan Alanis (8180) Originating Department Head: Aaron Bovos (8517) Additional Information Contact: Suzie Wagner (7806) Logname: 1313STOPGAP FUNDING Page 3 of 3