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HomeMy WebLinkAboutOrdinance 23851-09-2019 Ordinance No.23851-09-2019 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE WATER IMPACT FEE FUND, FROM AVAILABLE FUNDS, IN THE AMOUNT UP TO $11,500,000.00, FOR THE PURPOSE OF FUNDING THE DEBT ASSOCIATED WITH IMPACT FEE-ELIGIBLE PROJECTS; 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 Impact Fee Fund in the amount up to $11,500,000.00, from available funds, for the debt associated with Impact Fee-Eligible Projects. 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 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: y- Mary J. Kayser Assistant City Attorney City Secretary ADOPTED AND EFFECTIVE: September 24, 2019 FQRT City of Fort Worth,Texas Mayor and Council Communication DATE: 09/24/19 M&C FILE NUMBER: M&C 19-0198 LOG NAME: 60IMPACT 2019 SUBJECT Authorize the Transfer from the Water Impact Fee Fund to the Water and Sewer Fund in the Amount up to $11,500,000.00 for the Purpose of Paying Debt Associated with Impact Fee-Eligible Projects and Adopt Appropriation Ordinance(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the Water Impact Fee Fund in the amount up to$11,500,000.00 from impact fees for the purpose of transferring to the Water and Sewer Fund to pay for debt associated with impact fee-eligible projects. DISCUSSION: This Mayor and Council Communication is to authorize the transfer of impact fees to the Water and Sewer Fund. During the retail cost of service studies for FY2019,it was determined that the use of impact fee revenues could lower the amount of water and sewer service revenue required to balance Fiscal Year 2019 budgeted revenues and expenditures. While Section 35-70.9(b)of the City Code,"Use of proceeds of impact fee accounts",prohibits the use of impact fees for operating expenses,those proceeds can be used to pay principal and interest on debt associated with projects eligible to be funded by impact fees. This transfer of the total amount up to$11,500,000.00 from Water Impact Fee revenue to the Water and Sewer Fund will be used to pay principal and interest on existing revenue bonds used to fund impact fee-eligible projects. A Form 1295 is not required because: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 ordinance,funds will be available in the current capital budget,as appropriated,in the Water Impact Fee Fund and funds will be available in the current Fiscal Year 2019 operating budget in the Water and Sewer Fund.Prior to an expenditure being incurred,the Water Department has the responsibility of verifying the availability of funds. Submitted for City Managers Office by: Dana Burghdoff 8018 Originating Business Unit Head: Chris Harder 5020 Additional Information Contact: Jan Hale 8438