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Home My WebLink AboutOrdinance 22092-02-2016 ORDINANCE NO. 22092-02-2016 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GOVERNMENT COMMUNITY FACILITIES AGREEMENT FUND IN THE AMOUNT OF $3,500,000.00, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF FUNDING FISCAL YEAR 2016 PROJECTS THAT ARE PAID FROM DEVELOPER CONTRIBUTIONS; AUTHORIZING THE DIRECTOR OF FINANCIAL MANAGEMENT SERVICES/CHIEF FINANCIAL OFFICER TO MAKE 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 Government Community Facilities Agreement Fund in the amount of$3,500,000.00, from available funds, for the purpose of funding Fiscal Year 2016 projects that are paid from developer contributions, with such appropriations shown more fully as follows: GOVERNMENT COMMUNITY FACILITIES AGREEMENT FUND REVENUES: Developer Contributions and Fees $3,500,000 Contributions and fees generated from Community Facility $3,500,000 Agreements TOTAL REVENUE $3,500,000 EXPENDITURES: Non-Departmental $3,500,000 Transfers and appropriation to be made from the Non-Departmental $3,500,000 Center undesignated project within the Government Community Facilities Agreement Fund to the applicable project incurring the cost. TOTAL EXPENDITURES $3,500,000 Ordinance No.22092-02-2016 Page 1 of 2 SECTION 2. That, appropriations in the Government Community Facilities Agreement Fund identify and allocate monies that are anticipated to be received during the fiscal year 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. 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/Director of Financial Management Services authority, following the actual receipt of such monies, 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 appropriations to be made from the Non-Departmental Project of the Government Community Facilities Agreement Fund to the receiving project's center within the Government Community Facilities Agreement Fund, provided, however, that the Chief Financial Officer/Director of Financial Management Services 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: ATTEST: Denis C. cElro ssistant City Attorney "J. 4Citoecretary ADOPTED AND EFFECTIVE: February 16,2016 Ordinance No.22092-02-2016 Page 2 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/16/2016 - Ordinance No. 22092-02-2016 & 22093-02- 2016 DATE: Tuesday, February 16, 2016 REFERENCE NO.: **G-18670 LOG NAME: 13FY16 DEVELOPER CONTRIBUTIONS#2 SUBJECT: Adopt Ordinances Appropriating a Total of$5,000,000.00 in Additional Funds in the Government Community Facilities Agreement Fund and the Water& Sewer Community Facilities Agreement Fund for Fiscal Year 2016 Community Facilities Agreement Projects and Increasing Delegated Authority of the City's Chief Financial Officer/Director of Financial Management Services, on Receipt of Payments, to Effect Transfers Within Each Fund Up to its Budgeted Total (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Government Community Facilities Agreement Fund in the amount of$3,500,000.00 for FY2016 Community Facilities Agreements associated with the City's governmental funds and increasing the delegated authority of the City's Chief Financial Officer/Director of Financial Management Services, on receipt of payment, to effect transfers within the fund up to its budgeted total; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water& Sewer Community Facilities Agreement Fund in the amount of$1,500,000.00 for FY2016 Community Facilities Agreements associated with the Water and Sewer Funds and increasing delegated authority of the City's Chief Financial Officer/Director of Financial Management Services, on receipt of payment, to effect transfers within the Fund up to its budgeted total. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to supplement the financial framework established by adoption of M&C G-18572 on September 29, 2015 to support implementation of Community Facilities Agreements (CFAs) in Fiscal Year (FY) 2016 that do not require City contributions. M&C G-18572 appropriated funds representing the total anticipated revenues and appropriations for non- participatory CFAs for FY 2016 and provided the Chief Financial Officer/Director of Financial Management Services with delegated authority to transfer budget to individual CFA projects within each fund, as money is received, in order to administer the financial components of the CFA program. As development has escalated more than anticipated, additional appropriations are needed to continue the Community Facilities Agreements financial framework to facilitate continued development in the City of Fort Worth. To provide necessary authority to administer the CFA program, Staff recommends that the City Council adopt the attached ordinances, which (i) appropriate an additional $3,500,000.00 in the Government Community Facilities Agreement Fund and an additional $1,500,000.00 in the Water & Sewer Community Facilities Agreement Fund, representing the additional CFA anticipated revenues and appropriations for Logname: 13FY16 DEVELOPER CONTRIBUTIONS#2 Pagel of 3 FY 2016 and (ii) increase the delegated authority of the City's Chief Financial Officer/Director of Financial Management Services, following the actual receipt or availability of such monies, to enact and make the transfers and allocations of such appropriations to individual projects in an amount equal to the funds received for that project. On approval of the attached ordinances, the total annual appropriation for CFA in the Government Community Facilities Agreement Fund will be $6,000,000.00 of which $4,011,209.37 will be available for pending and future CFAs and the total annual appropriation for CFAs in the Water& Sewer Community Facilities Agreement Fund will be $2,500,000.00 of which $1,865,997.20 will be currently available for pending and future CFAs. 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, 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, done by the City, to ensure City standards are being met. The funds to cover the City's costs are collected from the developers on a project by project basis in the form of a Developer Contribution and deposited into the funds identified above. The delegated authority provided by the attached ordinances is subject to the restriction that the total amount of all such transfers may not exceed the annual amount appropriated for that fund and is also subject to the requirement that the Director of Financial Management Services/CFO periodically report the transfers and allocations to the City Council throughout the fiscal year. Attached to this M&C, is a list of Developer Contributed Projects that have been created fiscal-year-to-date through Community Facility Agreements. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation and adoption of the attached appropriation ordinances, funds will be available in the current capital budgets of the Government Community Facilities Agreement Fund and the Water& Sewer Community Facilities Agreement Fund. Upon approval of this action, the total available appropriation for Developer Contributions in the Government Community Facilities Agreement Fund will be $4,011,209.37 and the total available appropriation for Developer Contributions in the Water& Sewer Community Facilities Agreement Fund will be $1,865,997.20. FUND IDENTIFIERS (FIDs): TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year Chartfield 2 1 30111 0909103 4640002 UNSPEC 2016 3,500,000.00 1 30111 0909103 UNSPEC 2016 3,500,000.00 56008 0909103 4640002 UNSPEC 2016 R1,500,000.00 56008 0909103 UNSPEC 2016 01,50 0,000.00 FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Aaron Bovos (8517) Additional Information Contact: Suzie Wagner (7806) Logname: 13FY16 DEVELOPER CONTRIBUTIONS#2 Page 2 of 3 Logname: 13FY16 DEVELOPER CONTRIBUTIONS#2 Page 3 of 3