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HomeMy WebLinkAboutOrdinance 23427-09-2018 Ordinance No.23427-09-2018 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE WATER AND SEWER OPERATING FUND, IN THE AMOUNT OF $15,000,000.00, FROM AVAILABLE FUNDS, FOR THE COMPLIANCE WITH BOND COVENANTS OF THE WATER AND SEWER SYSTEM REVENUE FINANCING PROGRAM; 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 2017-2018 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Water and Sewer Operating Fund in the amount of$15,000,000.00, from available funds, for the compliance with bond covenants of the Water and Sewer System Revenue Financing Program. 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 22927-09-2017 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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. )V ED AS ( 7D AND LEGALITY: CITY SECRETARY N � �s C Inc R o Assist n ity Attor e Mary J. Kay ADOPTED AND EFFECTIVE: September 25, 2018 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/25/2018 -Ordinance Nos.23427-09«2018 and 23428-09- 2018 DATE: Tuesday, September 25, 2018 REFERENCE NO.: G-19386 LOG NAME: 132018 SUPPLEMENTAL WATER TRANSFER SUBJECT: Authorize Transfers from the Water Operating Fund and Drinking Water State Revolving Fund Totaling $18,347,543.06 to the Water Priority Lien and Water Subordinate Lien Debt Service Funds and Adopt Appropriation Ordinances (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Operating Fund in the amount of$15,000,000.00 from increased revenues; 2. Authorize transfer of$15,000,000.00 from the Water and Sewer Operating Fund to the Water and Sewer Priority Lien Debt Service Fund to support an initiative to fulfill transfer and fund balance / net position covenants as laid out in the bond documents; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Priority Lien Debt Service Fund in the amount of$15,000,000.00 for the purpose of supporting the initiative to fulfill transfer and net position covenants as laid out in the bond documents; and 4. Authorize transfer of$3,347,543.06 in excess proceeds from the Drinking Water State Revolving Fund, with $3,317,637.58 moving to the Water and Sewer Priority Lien Debt Service Fund and $29,905.48 moving to the Water and Sewer Subordinate Lien Debt Service Fund to support the initiative to fulfill transfer and net position covenants as laid out in the bond documents. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to take actions to enhance compliance with bond covenants of the Water and Sewer System Revenue Financing Program. The Department of Financial Management Services, in conjunction with the Water Department, has completed a review of existing debt covenants and requirements associated with the System's current outstanding revenue bond issues. As a result of this review, it has been determined that the current balances maintained within the Water& Sewer Debt Service Funds (Priority Lien and Subordinate Lien) are below calculated requirements. The appropriations and transfers outlined within this M&C reallocate funds that are available within Fiscal Year 2018 as a result of positive operating results in the Water Department to the debt service funds to increase the balances within these funds. The City's current practice includes budgeting funds required to meet the annual debt service,obligations Lognarne: 132018 SUPPLEMENTAL WATER TRANSFER Page 1 of 2 for each Fiscal Year, and then transferring that total via a series of equal monthly installments that commences on October 1 and continues through the subsequent and respective debt service payment date. In effect, the yearly transfer amounts have equaled the total principal and interest payments due for the Fiscal Year. While this practice has supported the timely payment of principal and interest of all bonds outstanding without missing a debt service payment, it is not in full compliance with the technical requirements of certain bond covenants. The System's bond documents call for monthly installments of a portion of the subsequent principal and interest payments that are due, with those transfers to occur on an on-going basis from each principal or interest payment date to the next, resulting in a funding schedule that would cross Fiscal Years. As such, the actions outlined within this M&C will enhance the water debt service funds' covenant compliance. On June 26, 2018, City Council approved M&C G-19310 to provide the City Manager with delegated authority to expedite the clean-up and closure of the City's legacy capital project funds; however, it did not provide the City Manager the authority to move excess proceeds to debt service funds. Rather than appropriating residuals in the Drinking Water State Revolving Fund and then transferring them to the debt service funds, staff proposes moving any excess revenues from the Drinking Water State Revolving Fund to the corresponding new debt service funds. This approach will simplify future monitoring and auditing of the funding sources by maintaining the distinct character of each. The movement of funds will not result in an increase of appropriations; however, it may be necessary to reduce appropriations in order to close out projects in the Drinking Water State Revolving Fund. Providing the City Manager with delegated authority will allow the City to effectively clean-up and close the Drinking Water State Revolving Fund by moving excess proceeds to the respective debt service funds. Delegated authority shall end when the Drinking Water State Revolving Fund is closed. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the Water Operating Fund and the Drinking Water State Revolving Fund, as appropriated, to support the above recommendations and the transfers to the Water& Sewer Priority Lien Debt Service Fund and the Water& Sewer Subordinate Lien Debt Service Fund. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID--��� ID _ _ Year (Chartfield 2) FROM Fund Department ccoun Project Program ctivityBudget Reference # moun ID ID Year (Chartfi is # _. .. _ CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Aaron Bovos (8517) Additional Information Contact: Alex Laufer (2268) Logname: 132018 SUPPLEMENTAL WATER TRANSFER Page 2 of 2