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HomeMy WebLinkAboutOrdinance 17419-02-2007Ordinance No. 17419-02-2007 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE NEW DEVELOPMENT FUND IN THE AMOUNT OF $314,209 FROM A TRANSFER FROM THE SPECIAL ASSESSMENTS FUND FOR THE PURPOSE OF FUNDING THE INSTALLATION OF COMMUNITY FACILITIES TO SERVE POYNTER CROSSING, PHASE IV AND SURROUNDING DEVELOPMENTS; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR 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 2006- 2007 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the New Development Fund in the amount of $314,209 from a transfer from the Special Assessments Fund for the purpose of funding the installation of Community Facilities to serve Poynter Crossing, Phase IV and surrounding developments. 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 No. 17142 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ADOPTED AND EFFECTIVE: February 20, 2007 City of Fort Worth, Texas Mayor and Council Communication SUBJECT: Authorize Expenditure of Community Facilities Agreement -Funds to Centex Homes as Partial Reimbursement for the Installation of Drainage Improvements Adjacent to Poynter Crossing, Phase IV and Adopt Related Appropriation Ordinances RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the Special Assessments Fund in the amount of $314,209.00 from developer contributions; 2. Authorize the transfer of $314,209.00 from the Special Assessments Fund to the New Development fund; 3. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the New Development Fund in the amount of $314,209.00 from developer contributions; and 4. Authorize the City Manager to remit a check in the amount of $314,209.00 made payable to Centex Homes for the installation of drainage improvements to serve Poynter Crossing, Phase IV and surrounding developments, pursuant to that certain Community Facilities Agreement between the City and Centex Homes (City Secretary Contract No. 32146, M&C C-20459 approved December 21, 2004) (the CFA). DISCUSSION: Under the CFA between the City and Centex Homes (City Secretary Contract No. 32146), the City agreed to pay Centex Homes up to $619,408.06 as partial reimbursement for certain public drainage improvements constructed by Centex Homes, a portion of which would serve Poynter Crossing, Phase IV, a Centex Homes development. The CFA provided that $314,209.00 of the City's level of participation in this community facilities project would come from contributions by Lumberman's Investment Corporation, which was constructing a development adjacent to Poynter Crossing, Phase IV that would also benefit from the drainage improvements. Lumberman's Investment Corporation has now paid the City the full $314,209.00. In order for the City to reimburse Centex Homes from this contribution, adoption of the attached appropriation ordinances is required. The balance of the City's participation in this project was previously paid to Centex Homes in accordance with the CFA. This development is located in COUNCIL DISTRICT 6. Logname: 20POYNTERIV-2 Page 1 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the New Development Fund. TO Fund/Account/Centers GS94 488100 020941369010 $314.209.00 GS94 541200 020941369010 $314.209.00 C202 472202 206760017583 $314.209.00 3~ C202 541200 206760017583 X314.209.00 FROM Fund/AccountlCenters 2) GS94 538070 020941369010 4) C202 541200 206760017583 $314.209.00 $314.209.00 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Marc Ott (8476) Robert Goode (7804) Robert Goode (7804) Logname: 20POYNTERIV-2 Page 2 of 2