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HomeMy WebLinkAboutOrdinance 17703-08-2007Ordinance No. 17703-08-2007 AN ORDINANCE INCREASING APPROPRIATIONS IN THE DEBT SERVICE FUND IN THE AMOUNT OF $48,000,000 AND DECREASING UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT, FOR THE PURPOSE OF FUNDING THE DEFEASANCE OF CERTAIN TAX SUPPORTED DEBT; PROVIDING FOR A SEVERABILITY CLAUSE; 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 appropriations in the Debt Service Fund in the amount of $48,000,000 and decreasing unreserved, undesignated fund balance by the same amount, for the purpose funding the defeasance of certain tax supported debt. 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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. APPR VEDAS TO F RM AND LEGALITY: Assistant City Attorney ADOPTED AND EFFECTIVE: August 14, 2007 City of Fort I~/or~th, Texas Mayor and Council Communication _ _~~ T COUNCIL ACTION: Approved on 8/14/2007 -Resolution # 3514-08-2007 & Ordinance #17703- 08-2007 DATE: Tuesday, August 14, 2007 LOG NAME: 13DEBTDEFEASANC REFERENCE NO.: G-15827 SUBJECT: Adopt Resolution Authorizing the Cash Defeasance of Certain Tax Supported Debt and Authorize Execution of Related Escrow Agreement with Wells Fargo Bank, N. A. and Adopt Supplemental Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Debt Service Fund in the amount of $48,000,000 and decreasing unreserved, undesignated fund balance by the same amount; 2. Adopt the attached resolution authorizing the defeasance of certain tax supported debt; and 3. Authorize the City Manager to execute an Escrow Agreement with Wells Fargo Bank, N. A. to serve as paying agent in effectuating the recommended debt defeasance, subject to any non-material changes that may be acceptable to the City Attorney. DISCUSSION: The defeasance of certain tax supported debt was included in upcoming debt issues presented to Council during the budget presentation on June 15 and 16, and again on July 10, 2007. Staff proposes utilizing excess debt service fund balance to defease approximately $48,000,000 in outstanding tax supported debt. This action will provide additional capacity for new debt related to current capital needs. The defeasance amount is based on Fiscal Year 2006 ending fund balance and Fiscal Year 2007 estimated excess revenues. The $48,000,000 appropriated under the attached ordinance will be deposited into an escrow account with Wells Fargo Bank, N. A., which will act as paying agent for the City in discharging the debt covered by the attached Escrow Agreement. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations, contingent upon FY2007 excess overage of $7M, and the adoption of the attached supplemental appropriation ordinance, funds will Logname: 13DEBTDEFEASANC Page 1 of 2 be available in the current operating budget, as appropriated, of the Debt Service Fund. TO Fund/AccountlCenters FROM Fund/Account/Centers GD06 551010 0132000 $48,000,000.00 GD06 551010 0132000 $48,000,000.00 Submitted for City Manager's Office by: Karen Montgomery (6222) Originating Department Head: Lena Ellis (8517) Additional Information Contact: Mae Gray-Rossi (8325) Logname: 13DEBTDEFEASANC Page 2 of 2