HomeMy WebLinkAboutOrdinance 23453-10-2018 Ordinance No. 23453-10-2018
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE
WATER & SEWER COMMUNITY FACILITIES AGREEMENT FUND IN THE AMOUNT OF
$3,000,000.00, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF FUNDING FISCAL
YEAR 2019 PROJECTS THAT ARE PAID FROM DEVELOPER CONTRIBUTIONS;
AUTHORIZING THE CITY MANAGER, ACTING DIRECTLY OR THROUGH A DESIGNEE,
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 2018-2019 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Water
& Sewer Community Facilities Agreement Fund in the amount of$3,000,000.00, from available funds, for the
purpose of funding Fiscal Year 2019 projects that are paid from developer contributions, with such
appropriations shown more fully as follows:
WATER& SEWER COMMUNITY FACILITIES AGREEMENT FUND
REVENUES:
Developer Contributions and Fees $3,000,000
Contributions and fees generated from Community Facilities Agreements $3,000,000
TOTAL REVENUE $3,000,000
EXPENDITURES:
Non-Departmental $3,000,000
Transfers and appropriation to be made from the Non-Departmental Center $3,000,000
undesignated project within the Water & Sewer Community Facilities
Agreement Fund to the applicable project incurring the cost.
TOTAL EXPENDITURES $3,000,000
SECTION 2.
That appropriations in the Water & Sewer 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 facilities
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
the City Manager, acting directly or through a designee, authority, following the actual receipt of such
Ordinance 23453-10-2018 Page 1 of 2
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 appropriation to be made from the Non-Departmental
Project of the Water&Sewer Community Facilities Agreement Fund to the receiving project's center within
the Water&Sewer Community Facilities Agreement Fund, provided, however,that the City Manager, acting
directly or through a designee, 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. 23392-09-2018 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:
i
J ong-; ssistant ty Attorney gary J. KayserX,,# cr tary
ADOPTED AND EFFECTIVE: October 23, 2018
Ordinance 23453-10-2018 Page 2 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/23/2018 - Ordinance Nos. 23452-10-2018 K 232P31-10
2018
DATE: Tuesday, October 23, 2018 REFERENCE NO.: G-19404
LOG NAME: 03FY19 CFA DEVELOPER CONTRIBUTIONS
SUBJECT:
Adopt Ordinances Appropriating a Total of$10,000,000.00 in the Government Community Facilities
Agreement Fund and the Water& Sewer Community Facilities Agreement Fund for Fiscal Year 2019
Community Facilities Agreement Projects and Delegating Authority to the City Manager, or His Designee,
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
amount of$7,000,000.00 in the Government Community Facilities Agreement Fund and delegating
authority to the City Manager, or his designee, 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
amount of$3,000,000.00 in the Water & Sewer Community Facilities Agreement Fund and delegating
authority to the City Manager, or his designee, on receipt of payment, to effect transfers within the Fund
up to its budgeted total.
DISCUSSION:
The purpose of this Mayor and Council Communication is to establish the financial framework to support
implementation during Fiscal Year 2019 of Community Facilities Agreements that do not require City
contributions.
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. 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.
By reviewing the past year's revenues and expenditures, Staff can budget for developer contributions
based on the anticipated annual receipts. However, the specifics of the actual projects and the amount of
revenue and expense attributable to each project will not be known until each CFA is executed.
Logname: 03FY19 CFA DEVELOPER CONTRIBUTIONS Page I of 2
To provide necessary authority to administer the CFA program, Staff recommends the City Council adopt
the attached ordinances, which appropriate $7,000,000.00 in the Government Community Facilities
Agreement Fund and $3,000,000.00 in the Water& Sewer Community Facilities Agreement Fund,
representing the anticipated revenues and appropriations for Fiscal Year 2019. The ordinances also
delegate authority to the City Manager, acting directly or through a designee, 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. For example, if a developer
enters into CFAs to construct roads and water/sewer lines to support a particular development and the
anticipated inspection and testing costs are $20,000.00 for the road CFA and $30,000.00 for the
water/sewer CFA, the City Manager, acting directly or through a designee, would be able to establish
projects within the Enterprise Resource Planning System with budgetary authority for the respective
amounts ($20,000.00 in the Government Community Facilities Agreement Fund and $30,000.00 in the
Water& Sewer Community Facilities Agreement Fund). As each specified project is set up and budgeted,
the amount remaining in the Non-Departmental Project in the Fund 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 may not exceed the annual amount appropriated for that fund and is also
subject to the requirement that the City Manager, acting directly or through a designee, periodically report
the transfers and allocations to the City Council throughout the Fiscal Year. In addition, the delegated
authority is also subject to receipt of funds by the developer.
This M&C does not request approval of a contract with a business entity.
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 as appropriated of
the Government Community Facilities Agreement Fund and the Water& Sewer Community Facilities
Agreement 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 ctivity Budget Reference # moun
ID ID YearChartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (8180)
Originating Department Head: Lynda Johnson (6222)
Additional Information Contact: Terry Hanson (7934)
Logname: 03FY19 CFA DEVELOPER CONTRIBUTIONS Page 2 of 2