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HomeMy WebLinkAboutOrdinance 25053-09-2021 ORDINANCE NO. 25053-09-2021 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE SEWER IMPACT FEE FUND IN THE AMOUNT OF $5,000,000.00 FROM AVAILABLE FUNDS, FOR THE PURPOSE OF TRANSFERRING FUNDS FROM THE WATERIWASTEWATER WHOLESALE IMPACT FEES AND WATER/WASTEWATER RETAIL IMPACT FEES PROJECTS (CITY PROJECT NOS. B20004 AND B20005) TO THE WATER AND SEWER OPERATING FUND; 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 estimated receipts and appropriations in the Sewer Impact Fee Fund in the amount of$5,000,000.00 from available funds for the purpose of transferring funds from the Water/WasteWater Wholesale Impact Fees and Water/Waste Water Retail Impact Fees projects(City Project Nos. B20004 AND B20005) to the Water and Sewer Operating Fund to pay 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 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which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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: CLstalR t.R [-,oSez-Rer5�uis� FORT Christa R.Lopez-Reynold (Sep 24,2021 5:16 CDT) Christa R. Lopez-Reynolds Ronald P. Gonzales O Sr Assistant City Attorney Acting City Secret /� : ADOPTED AND EFFECTIVE: September 21,2021 XAS City of Fort Worth, Texas Mayor and Council Communication DATE: 09/21/21 M&C FILE NUMBER: M&C 21-0724 LOG NAME: 60IMPACT 2021 SUBJECT (ALL)Adopt Attached Appropriation Ordinances Increasing Estimated Receipts and Appropriations in the Amount of$11,500,000.00 in the Water Impact Fee Fund and in the Amount of$5,000,000.00 in the Sewer Impact Fee for the Purpose of Transferring to the Water and Sewer Operating Fund to Pay Debt Associated with Impact Fee-Eligible Projects RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Impact Fee Fund in the amount of$11,500,000.00 from available funds for the purpose of transferring funds from the Water/VVastewater Wholesale Impact Fees and Water/Wastewater Retail Impact Fees projects(City Project Nos. B20004 and 1320005)to the Water and Sewer Operating Fund-,and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Sewer Impact Fee Fund in the amount of$5,000,000.00 from available funds for the purpose of transferring funds from the Water/Wastewater Wholesale Impact Fees and Water/VVastewater Retail Impact Fees projects(City Project Nos. B20004 and B20005)to the Water and Sewer Operating Fund. DISCUSSION: During the retail cost of service studies for fiscal year 2021, 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 2021 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 of$16,500,000.00, $11,500,000.00 from Water Impact Fee revenue and$5,000,000.00 from Sewer Impact Fee revenue,to the Water and Sewer Operating 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 funds are currently available in the Water/VVastewater Wholesale Impact Fees and Water/Wastewater Retail Impact Fees projects within the Water Impact Fee and the Sewer Impact Fee Funds and upon approval of the above recommendations and adoption of the attached appropriation ordinances,funds will be available 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 Manager's Office by: Dana Burghdoff 8018 Originating Business Unit Head: Chris Harder 5020 Additional Information Contact: Jan Hale 8438