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HomeMy WebLinkAboutOrdinance 23630-04-2019Ordinance No. 23630-04-2019 AN ORDINANCE INCREASING APPROPRIATIONS IN THE AMERICAN AIRLINES ECFA PROJECT OF THE 2014 BOND PROGRAM FUND BY UP TO $1,275,000.00, FROM PROCEEDS OF BONDS, FOR THE PURPOSE OF MAKING STREET AND TRANSPORTATION IMPROVEMENTS; ESTABLISHING A LEGAL LEVEL OF CONTROL; 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 appropriations in the American Airlines ECFA Project of the 2014 Bond Program Fund in the amount of $1,275,000.00, from proceeds of sale of authorized bond, for the purposes of making street and transportation improvements associated with the ECFA for the new American Airlines headquarters. 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 orjudgment 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. 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Denis C ity Attorney SECTION 4. ADOPTED AND EFFECTIVE: �_ � �+GY� N31N30 z �J d' o (Y) r� o LU / O CD m Q r a _J W Cn N Y Q o Ln Q _ Z 04�,q Nd31213NV a w Lr,H Q I V z NZN�D�GK�112iNllWl-1~ Q c~ 010 I1NnH llW� z W w o d8 O Jo J QHj V w O~ d0 KUQ w O Qz x two M S _ \ U_ 00 �, I > / U � w Wm3n3 I Q Lij NIVW H1nOS Lo w V) t o w 3�SN3H Li z w 0= 3 o F cn 3 lSN3H w in j � NONNd0 3l8 Q d3 NONNQcn o Li I.dMOd02�8 = V HAV IN x NIH 3NIA v) 3NIA / O z �. \ GOOMAVO 3NIA NMION r m �p N ANWIJ m v O ow HIS FIlnOS SNOW33.102i `'��J Jkv �iS `a o z_ cn SNOW IS = " 4 fn U Q a I z in r 3 CV O `f O l� � m City of Fort Worth, Texas • • • � • COUNCii_ ACTION: Approved on 4/9/2019 -Ordinance No. 23630-04-2019 DATE: Tuesday, April 9, 2019 LOG NAME: 06ECFA FUNDS REFERENCE NO.: **G-19521 SUBJECT: Adopt Ordinance Appropriating Up to $1,275,000.00 in Enhanced Community Facilities Agreement (ECFA) Authorized Funding from the 2014 Bond Program for Street and Transportation Improvements Near the New American Airlines Headquarters; Authorize Use of Certain Proceeds from the 2014 Bond Program for Transportation Infrastructure Benefitting Fort Worth Citizens but Owned by Texas Department of Transportation; and Find that Construction of These Improvements Completes the ECFA Project as Proposed in the 2014 Bond Program (2014 BOND PROGRAM) (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance, increasing receipts and appropriations in the American Airlines ECFA Project of the 2014 Bond Program Fund by up to $1,275,000.00 from authorization for enhanced community facilities agreement (ECFA) funding from the 2014 Bond Program for street and transportation improvements associated with the ECFA for the American Airlines headquarters project; and 2. Formally authorize use of no more than $415,000.00 of the $1,275,000.00 in 2014 ECFA bond proceeds for engineering costs associated with a highway off -ramp that will be located in and benefit citizens of Fort Worth, but will be constructed and owned by the Texas Department of Transportation (TxDOT); and 3. Find that construction of infrastructure for the American Airlines ECFA totaling $2,000,000.00 from various City funds in accordance with the terms of this and prior Council action constitutes completion of the ECFA project as contemplated in the 2014 Bond Program and direct that any remaining residual bond capacity be made available for use on other street and transportation improvements in accordance with the voted purpose of the bonds. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to clarify and memorialize matters related to funding for street and transportation improvements under the Enhanced Community Facilities Agreement ("ECFA") for the new American Airlines headquarters (AA HQ) project in far east Fort Worth. As detailed below, funding for the project comes from a combination of transportation impact fee revenues, debt proceeds in a previously appropriated programmable project, and funds authorized as part of the 2014 Bond Program, and those funds will be expended in that order. Appropriation of Enhanced Community Facilities Agreement (ECFA) Funds In 2014, Fort Worth voters approved Proposition One of the Bond Program, which authorized the sale of $219,740,000.00 in public securities for "Street and Transportation Improvements." The bond booklet that was distributed to the public prior to the election identified $2,000,000.00 of that amount as being for Logname: 06ECFA FUNDS Page 1 of 3 "Enhanced Public/Private Community Facilities Agreements," which was a project described as encompassing "public/private partnerships, grant and other funding opportunities, for implementation of transportation and related new development, redevelopment, streetscape projects, and other public infrastructure, as necessary, to support these improvements." In October 2018, the City Council authorized use of up to $2,000,000.00 in City funds, including ECFA funds and transportation impact fee revenues, for transportation infrastructure improvements associated with the AA HQ project (M&C C-28898). Due to the high volume of traffic associated with the headquarters project, transportation improvements are being made that include widened roadways and turn lanes on Trinity Boulevard, the Frontage Road of US Highway 360, and American Boulevard. Use of transportation impact fees is limited under state law. Therefore, staffs plan was to fund those portions of the project that are impact -fee -eligible first, then to use $725,000.00 from debt proceeds that were previously appropriated in a programmable ECFA project (M&C G-19719, Ordinance 22171), and finally to expend 2014 Bond Program proceeds as needed to make up the balance of the City's $2,000,000.00 commitment. MSC C-28898 allocated $1,275,000.00 in ECFA bond authorization from the 2014 Bond Program for the project. Approval of the first recommendation and adoption of the attached ordinance will properly document the appropriation of up to $1,275,000.00 in 2014 ECFA authorization for the AA HQ project. To the extent any portion of the ECFA authorized funding from the 2014 Bond Program is not actually needed to meet the City's commitment, the residual will be released for use on other street and transportation improvements as discussed in more detail below. Paying a Portion of Costs for State -Owned Infrastructure At the time the prior M&C was approved, staff anticipated that ECFA dollars would be used for costs related to the City -owned streets, including intersections feeding into or out of those streets. However, in more recent conversations, American has identified engineering expenses for the redesign of an off -ramp of Highway 360 that will serve the new headquarters as a cost for which it would like to utilize these dollars. Based on the traffic impact study, redesign of the off -ramp improvements at Trinity Boulevard provides transportation improvements needed to improve site operational efficiency for the new AA HQ buildings while minimizing impact to the local roadway system. The construction of the improvements to the offramp will be completed by TxDOT at no cost to the City and will serve a public purpose of improving traffic conditions on public roadways in the City. Sufficient controls are in place to ensure that this public purpose is met. The off -ramp in question will be located within the corporate limits of the City of Fort Worth and utilized by its citizens. According to TxDOT design criteria, the off -ramp has a design life of 20 years, which equals the period for which the City's bonds will be outstanding. It is also worth noting that the total $1,275,000.00 in 2014 ECFA authorization being appropriated to this project represents a little more than one and a half two percent (1.52%) of the general obligation bonds to be sold later this year to provide this funding. Because the off -ramp serves the public and is a government -owned transportation project located in and benefitting citizens of the City of Fort Worth with an anticipated useful life greater than the bonds, staff recommends City Council find and formally approve this use of funds as being within the voted purpose of the 2014 transportation bonds. Approval of the second recommendation would serve as formal City Council action making that finding and approval. In accordance with the City's practice of issuing bonds in arrears, available resources in the General Fund will be used to provide interim financing for the 2014 Bond Program ECFA-funded expenses until debt is issued later this year. Once debt associated with this project is sold, bond proceeds will reimburse the General Fund in accordance with the statement expressing official Intent to Reimburse that was adopted Logname: 06ECFA FUNDS Page 2 of 3 as part of the ordinance canvassing the bond election. Declaring Completion of ECFA Project As indicated above, staff is recommending $1,275,000.00 in 2014 ECFA bond authorization be appropriated for the AA HQ project to be used together with the remaining $725,000.00 programmable ECFA appropriation under Ordinance 22171 to ensure adequate funds are available for the City to meet its full $2,000,000.00 commitment. To the extent transportation impact fees can be used to reimburse infrastructure costs as part of the City's commitment, those dollars will be utilized first. Based on current budgetary figures and reimbursement requests, staff anticipates that no more than $200,000.00 in expenditures will ultimately be made from the transportation impact fee revenues. After those dollars are exhausted, the $725,000.00 from the programmable will be utilized, meaning in all likelihood expenditures from the 2014 Bond Program will only be a little over $1,000,000.00. Because a total of $2,000,000.00 in City funding is being applied toward the AA HQ ECFA project, staff recommends that the City Council find that completion of this project constitutes completion of the ECFA project as proposed in the 2014 bond booklet and that City Council authorize any residual capacity from the ECFA bond authorization that is not needed for the AA HQ project should be released for use on other eligible expenses under Proposition One. Approval of the third recommendation serves to make these findings. The American Airlines headquarters is located in Council District 5 but is anticipated to be a major employer and economic driver throughout the City as well as the entire region. 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 recommendations and adoption of the attached appropriation ordinance, funds will be available for American Airlines ECFA Project in the Critical Capital Projects Fund, the 2014 Bond Program Fund, and the Transportation Impact Fee Capital Fund. FUND IDENTIFIERS (FIDs): and Department ccoun Project ID ID and Department ccoun Project ID ID CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: rogram�Activity) Budget II Year Budget Year Jay Chapa (6122) Susan Alanis (8180) Randle Harwood (6101) Steve Cooke (5134) Janie Morales (7810) Reference # �Amoun Chartfield 21 Reference # I�4mou Chartfield 2) Logname: 06ECFA FUNDS Page 3 of 3