HomeMy WebLinkAboutOrdinance 24064-03-2020 Ordinance No.24064-03-2020
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE
GOVERNMENT COMMUNITY FACILITIES AGREEMENT FUND IN THE AMOUNT OF
$3,700,000.00, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF FUNDING
PROJECTS IN FISCAL YEAR 2020 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
Government Community Facilities Agreement Fund in the amount of$3,700,000.00, from available funds, for
the purpose of funding CFA projects in fiscal year 2020 that are paid from developer contributions, with such
appropriations shown more fully as follows.
GOVERNMENT COMMUNITY FACILITIES AGREEMENT FUND
REVENUES:
Developer Contributions and Fees $3,700,000
Contributions and fees generated from Community Facilities Agreements $3,700,000
TOTAL REVENUE $3,700,000
EXPENDITURES:
Non-Departmental $3,700,000
Transfers of appropriation to be made from the Non-Departmental Center $3,700,000
undesignated project within the Government Community Facilities
Agreement Fund to the applicable project incurring the cost.
TOTAL EXPENDITURES $3,700,000
SECTION 2.
That, appropriations in the Government 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 facility agreement ("CFA")
projects that are funded solely by developers and that were commenced under the prior CFA structure. 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 City Manager, or his designee, authority, following the actual receipt
of such 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 appropriations to be made from the Non-
Departmental Project of the Government Community Facilities Agreement Fund to the receiving project's
center within the Government Community Facilities Agreement Fund, provided, however, that such transfers
and allocations shall be reported to the City Council in periodic financial reports.
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 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 5.
This ordinance shall take effect upon adoption.
ROVE AS TO FORM AND LEGALITY: CITY SECRETARY
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Der WIC. Mc ro Assistant City Attorney I ary J. ays ,r 17
ADOPTED AND EFFECTIVE: March 3. 2020 �—
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 03/03/20 M&C FILE NUMBER: M&C 20-0121
LOG NAME: 20OLD CFA FEE STRUCTURE
SUBJECT
Adopt Ordinances Appropriating a Total of$5,700,000.00 in the Government Community Facilities Agreement Fund and the Water&Sewer
Community Facilities Agreement Fund for Certain Community Facilities Agreement Projects in Fiscal Year 2020 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$3,700,000.00 in the
Government Community Facilities Agreement("CFA")Fund,from available funds,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 in support of CFA agreements during fiscal year 2020 that were
commenced under the old CFA structure;and
2.Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the amount of$2,000,000.00 in the Water&
Sewer Community Facilities Agreement Fund,from available funds,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 in support of CFA agreement during fiscal year 2020 that were commenced
under the old CFA structure.
DISCUSSION:
The purpose of this Mayor and Council Communication is to establish the financial framework to support implementation during Fiscal Year
2020 of Community Facilities Agreements that do not require City contributions and that began their infrastructure review prior to the current fee
structure being adopted by City Council with M&C G-19532. The prior fee structure will be honored for these Community Facilities Agreements
through June 1 2020.
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.
To provide necessary authority to administer the CFA program,Staff recommends the City Council adopt the attached ordinances,which
appropriate$3,700,000.00 in the Government Community Facilities Agreement Fund and$2,000,000.00 in the Water&Sewer Community
Facilities Agreement Fund, representing the anticipated revenues and appropriations for Fiscal Year 2020.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 from the developers.
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 ordinances,funds
will be available in the current capital budgets as appropriated of the Government Community Facilities Agreement Fund(Govt Community
Facilities Agmt)and the Water&Sewer Community Facilities Agreement Fund(W&S Community Facilities Agmt).
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: William Johnson 7801
Additional Information Contact: Monty Hall 8662