HomeMy WebLinkAboutOrdinance 23931-11-2019 Ordinance No. 23931-11-2019
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE
CFA DEVELOPER FUND IN THE AMOUNT OF$14,000,000.00, FOR THE PURPOSE OF
FUNDING FISCAL YEAR 2020 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 2019-2020 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in CFA
Developer Fund in the amount of$14,000,000.00,from available funds,for the purpose of funding fiscal year
2020 projects that are paid from developer contributions.
CFA DEVELOPER FUND
REVENUES:
Developer Contributions and Fees $14,000,000
Contributions and fees generated from Community Facilities Agreements $14,000,000
TOTAL REVENUE $14,000,000
EXPENDITURES:
Non-Departmental $14,000,000
Transfers and appropriation to be made from the Non-Departmental Center $14,000,000
undesignated project within the CFA Developer Fund to the applicable
project incurring the cost.
TOTAL EXPENDITURES $14,000,000
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 23835-09-2019 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said prior ordinances and appropriations are hereby expressly repealed.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.
A ROVED AS TO FORM AND LEGALITY: CITY SECRETAR
Sr.Assistant-City Attorney ftL7 atoj' .- Mary J. Kayse
ADOPTED AND EFFECTIVE: November 12, 2019
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City of Fort Worth,Texas
Mayor and Council Communication
DATE: 11/12/19 M&C FILE NUMBER: M&C 19-0306
LOG NAME: 20FY20 CFA DEVELOPER CONTRIBUTIONS
SUBJECT
Adopt Ordinance Appropriating$14,000,000.00 in the CFA Developer Fund for Fiscal Year 2020 Community Facilities Agreement Projects and
Delegating Authority to the City Manager,or His Designee,on Receipt of Payments,to Effect Transfers within the Fund Up to its Budgeted Total
(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
amount of$14,000,000.00 in the CFA Developer 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(M&C)is to establish the financial framework to support implementation during Fiscal Year
2020 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 administration by the City to ensure City standards are being met. In addition,for
any CFA project that was initiated prior to June 1,2019,the developer must submit payment to the City to cover the cost of material testing that is
completed by a third party;for a CFA started on or after June 1,2019,the developer directly engages and pays a City-approved materials testing
vendor. 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 fund 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.
To provide necessary authority to administer the CFA program,staff recommends the City Council adopt the attached ordinance,which
appropriates$14,000,000.00 in the CFA Developer Fund representing the anticipated revenues and appropriations for Fiscal Year 2020.The
ordinance also delegates 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 a CFA to construct roads and water/sewer lines to support a particular development and the
anticipated inspection and testing administration(or third-party testing)costs are$50,000.00 for the CFA,the City Manager,acting directly or
through a designee,would be able to establish projects within the Enterprise Resource Planning System(ERP)with budgetary authority for
$50,000.00.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.
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 CFA Developer Fund. Prior to an expenditure being incurred,the Transportation&
Public Works and Water Departments have the responsibility of verifying the availability of funds.
Submitted for City Manager's Office by Dana Burghdoff 8018
Originating_Business Unit Head: William Johnson 7801
Additional Information Contact: Monty Hall 8662