HomeMy WebLinkAboutOrdinance 24723-03-2021 ORDINANCE NO.24723-03-2021
AN ORDINANCE INCREASING RECEIPTS AND APPROPRIATIONS WITHIN
THE COMMUNITY FACILITY AGREEMENT DEVELOPER FUND FOR THE
COMMUNITY FACILITY AGREEMENT BUCKET PROGRAMMABLE
PROJECT(CITY PROJECT NO.P00001)IN THE AMOUNT OF$900,000.00 FROM
AVAILABLE FUNDS IN THE UNSPECIFIED PROJECT AND DELEGATE
AUTHORITY TO THE CITY MANAGER OR HIS DESIGNEE TO AFFECT
FINANCIAL TRANSACTIONS WITHIN THE COMMUNITY FACILITY
AGREEMENT PROJECTS UP TO THE BUDGETED TOTAL; 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 2020-2021 in the
Budget of the City Manager,there shall also be increased receipts and appropriations within the Community
Facility Agreement Developer Fund for the Community Facility Agreement Bucket programmable project
(City Project No.P00001)in the amount of$900,000.00 from available funds in the Unspecified Project,and
delegate authority to the City Manager or his designee to affect financial transactions within the community
facility agreement projects up to the budgeted total.
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 24446-09-2020 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said prior ordinances and appropriations are hereby expressly repealed.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:
Richard A.McCracken 3,202116:24 CST)
Richard A.McCracken Mary J.Kayser FORT
Sr Assistant City Attorney City Secretary ���.. • '
ADOPTED AND EFFECTIVE: March 2,2021 '
* :2
City of Fort Worth,Texas
Mayor and Council Communication
DATE: 03/02/21 M&C FILE NUMBER: M&C 21-0145
LOG NAME: 20CFA GAP FUNDING FY21
SUBJECT
(ALL)Adopt Appropriation Ordinances in the Amount of$900,000.00 for Inspection Fees for Community Facility Agreement Projects within
the Community Facility Agreement Developer Fund,Delegate Authority to Affect Financial Transactions within the Community Facility Agreement
Projects Up to the Budgeted Total and Amend the FY 2021-2025 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing receipts and appropriations within the Community Facility Agreement Developer
Fund for the Community Facility Agreement Bucket programmable project(City Project No.P00001)in the amount of$900,000.00 from
available funds in the Unspecified Project(City Project No.UNSPEC),and delegate authority to the City Manager or his designee to affect
financial transactions within the community facility agreement projects up to the budgeted total;and
2. Amend the Fiscal Year 2021-2025 Capital Improvement Program.
DISCUSSION:
The purpose of this Mayor and Council Communication(M&C)is to transfer available funds from the TPW Community Facility Agreement
Fund to the current CFA Developer Fund and appropriate the money in its new location for the purpose of addressing funding gaps in inspection
fees for community facility agreements(CFAs)where the fees assessed and collected from the developer do not cover the actual costs to inspect
the infrastructure. These funds will be used to ensure uninterrupted services without halting construction of a developers project. If the actual
construction days exceed the construction days that fees were assessed for,the difference will be collected from the Developer at contract
closeout.
On May 5,2019,the City Council adopted new policies for the assessment and collection of inspection fees for CFAs(M&C G-19532).
Previously,the City charged developers a percentage of the total construction costs to cover inspection fees. Under the new process,the City
charges$245.00 per day for inspection fees. With the adoption of M&C 20-0682,effective April 1,2021 the fee will increase to$250.00 per
day.The revised framework was intended to better align the fees assessed to the actual cost of inspections. However,there are times that the
fees assessed are less than the actual cost of the work performed. In addition,if a project exceeds the estimated construction timeline,the City
may incur inspection expenses before the City collects shortages from developers during reconciliation of the project.
CFAs and Delegated Authority
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.The CFA ordinance requires that
developers construct community facilities in accordance with City standards and cover the costs of inspection oversight by the City to ensure City
standards are being met.
Staff evaluates the fee structure biennially and recommends fee revisions during the fee structure review as part of the budget process. Gap
funding sources are needed to cover City costs when they exceed the contribution rates.Staff recommends the City Council repurpose
$900,000.00 of available funds in the TPW Community Facility Agreement Fund and appropriate it into the CFA Bucket project for use in covering
CFA inspection fees when developer contributions are insufficient to cover the total costs of providing the inspection services.
The attached ordinance also delegates authority to the City Manager or his designee,when a situation arises as outlined above,to enact and
make transfers and allocations from the CFA Bucket programmable project to individual CFA projects within the Community Facility Agreement
Developer Fund as needed.As transfers from the designated appropriations are made,the remaining appropriated and designated total 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.
The delegated authority granted by the attached ordinance is subject to the restriction that the total amount of all such transfers within the CFA
Bucket programmable project may not exceed the amount appropriated and designated for this purpose and is also subject to the requirement
that the City Manager periodically report the transfers and allocations to the City Council throughout the fiscal year.
Funding for this project was not included in the FY2021-2025 Capital Improvement Program(CIP)because the CFA project gap funding needs
were not quantified at the time of the CIP development. The action in this M&C will amend the FY2021-2025 Capital Improvement Program as
approved in connection with Ordinance 24446-09-2020.
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 upon approval of the above recommendations and adoption of the attached appropriation ordinances,funds will
be available in the CFA Developer Fund for the CFA Bucket programmable project. Prior to an expenditure being incurred,the Transportation&
Public Works Department has 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